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Regular
Town
Commission Meeting of the Town of Ocean Ridge held on
March 3, 2003
at
6:30 PM
in the Town Hall Meeting Chambers
The meeting was called to order by Mayor Kaleel and roll call was answered
by the following:
Commissioner Aaskov
Commissioner Bingham
Commissioner Pugh
Commissioner Schulte
Mayor Kaleel
Pledge of Allegiance
Additions, Deletions, Modifications and Approval of Agenda
Comm Pugh advised he would like to have a short discussion on the new Town
Hall building.
Comm Bingham requested to pull Item 4, Resolution No. 2003-05
Consent Agenda
1.
Minutes of
Regular
Town
Commission Meeting of
February 3, 2003
2.
Minutes of
Special
Town
Commission Meeting of
February 14, 2003
3.
Ocean Ridge Resolution No. 2003-04;
Authorizing the Execution of the NPDES Second Term Permit Interlocal
Agreement Between Northern Palm Beach
County Improvement District and the Town for the
Purpose of Allocating Duties, Responsibilities, and Costs
Associated with the NPDES Permit
4.
Ocean Ridge Resolution No. 2003-05; Urging that the Florida Legislature
oppose any Legislative Efforts to Amend Existing Law Which Allocates $30,000,000
annually in Certain Documentary Stamp Tax
Revenues to the Ecosystem Management and Restoration Trust Fund for the Purposes
of Beach Preservation and Repair
5.
Ratify Decision of Town Manager to Remove Concrete Slab and Scaevola at
the Dune of Property Owned by the 52 Property Owners of
Ocean
Shores
Estates and
Ocean
Ridge
Beach
Property Owners
Comm Bingham moved to approve the agenda as modified and the consent agenda
without #4, seconded by Comm Schulte.
Motion carried - yea 5.
Announcements and Proclamations
6.
Special Meeting and Public Hearing for 2nd
Reading
and Adoption of Ordinance #540 will be held on
March 13, 2003
at
5:01 P.M.
Public Comment
None
Comm Bingham stated she felt the resolutions are micromanaging and she
questioned telling the State where to spend funds when balancing the budget.
Comm Aaskov moved to adopt resolution
2003-05, seconded by Comm Pugh.
Motion carried -
yeah (Aaskov, Pugh, Kaleel, Schulte)
- nay (Bingham)
Public Hearings
7.
Ocean Ridge Resolution No. 2003-03; Vacating and Abandoning its Interest
in +/- 145’ of an Unimproved Twenty (20) Foot Wide, Platted Right of Way
Located on the Property Within the Town of Ocean Ridge Situated Northerly of Lot
15 of Ridge Harbour Estates Plat Recorded in Plat Book 18, Page 45 in the Public
Records of Palm Beach County; the Right of Way is Located Generally North of
Harbour Drive North; Providing for Recording of this Resolution for an Effective
Date and for other purposes Request made by Joe Pike, representing Marilyn
Hamilton (Trustee of the Trust of Adelaide Jockel),62 Harbour Drive North
Mayor Kaleel read the above Resolution title.
Joseph Pike, Enviro Design,
welcomed back Comm Kaleel and welcomed Comm Pugh after the recent election. Mr.
Pike stated that he was under a contract to purchase property in Ocean Ridge
since mid last year. Mr. Pike also advised that he has met with a number of
different agencies including the Town Staff, Department of Environmental
Protection, Federal Government Army Corp of Engineers, the
County
Attorney
’s Office and several others. Mr. Pike stated that the County was very
interested because of the wetland area. Mr. Pike commented that he was advised
the probability of approval was very low because of the Planning and Zoning
Commission’s recent recommendation on
Thompson Street
and other right-of-ways. Mr. Pike stated he felt this section of
Thompson Street
is unique and warrants special attention and also that he felt he has created a
win/win situation. Mr. Pike distributed material to the Commission to show the
right-of-way, submerged wet-land and lot area. Mr. Pike pointed out the dock on
the property in the right-of-way from an aerial photograph in 1965 of the lot.
Mr. Pike then pointed out on a photograph from 1989 which showed the receding of
the shore line from the lot. Mr. Pike mentioned that if the Town granted the
abandonment of the right-of-way it would do a number of things for the Town
including providing an easement for utilities, increase in revenue tax and
stabilizing the shoreline. Mr. Pike suggested his interest in a rip rap or
seawall on the north end of the lot to prevent erosion.
Theresa Iglehart,
58 Harbour Dr North
, questioned if the abandonment rights would be acceptable for the rest of the
residents in Town. Mrs. Iglehart also stated that the request sounds great but
should be equal for everyone. She also mentioned her concerns of putting in a
seawall and the sand drifts moving the water east and damaging other homes.
Mr. Pike stated that it would be
beneficial to the property owners to gain ownership of the right-of-ways rather
than the County controlling them. He added the County plans on rip rapping the
shoreline to the east.
George Berlin,
26 Hudson Avenue
, mentioned that Town Attorney Spillias stated that public right-of-ways were
required to be for public use and public purposes. Mr.
Berlin
also stated that if the abandonment is granted for Mr. Pike, he will be next in
line for a request to abandon a right-of-way.
Town Attorney Spillias stated
that there are no requirements to improve a right-of-way. Attorney Spillias also
stated that it must be determined that a right-of-way would no longer be needed
for public use in order to abandon and also that the law puts no deadline on the
determination.
Christina De Angelo,
6115 N. Ocean Blvd
, stated that Mr. Pike has a wonderful idea for the property and questioned why
someone could not pay for the right-of-way rather than the residents abandoning
them. Mayor Kaleel advised that the law states you cannot charge for a
right-of-way. Mayor Kaleel stated that the right-of-way is a right for the Town
to use and that the underlying land would revert back to property owners on
either side is abandoned.
Attorney Spillias stated that
the right-of-way is the exclusive right of the Town and that the property owner
can do nothing to interfere with that exclusive right.
Comm Bingham questioned Staff if
the property owner for the section of
Thompson St.
twenty years ago agreed to maintain the right-of-way and if the Town had
stopped taking care of it. Town Clerk Hancsak advised that she had no
recollection of such an agreement.
Comm Bingham questioned that if
the land was burned and cleared would there be a mangrove problem and receding
of the property?
Mayor Kaleel stated the County
is currently in the permitting stage for the mangrove restoration project on the
Town owned land and they were hopeful to acquire the land to the south (N of
Thompson) to add to the proposed project.
Mr. Pike advised he is open for
other options and has looked into a variance for the setback and is also
concerned with liability from public access. Mr. Pike stated he would like some
control regarding public access and feels it would also be an exposure for the
Town.
Comm Aaskov stated she felt the
issue should be put off until the upcoming scheduled right-of-way meeting.
Comm Schulte questioned the
staff recommendation for denial. Town Manager Dailey advised that the staff did
look at the request for abandonment and stated that there could be mutual
benefits but she summarized the reasons for the denial. These included a failure
to demonstrate a significant hardship to preclude the rebuilding/renovation of a
reasonably sized structure. There are variance procedures and other methods the
owners can pursue to make an effort to construct a larger home which would not
require the Town to abandon public lands. The Planning and Zoning Commission
recommended that no ROWs be abandoned. The portion of Thompson Street ROW
requested for abandonment is functional for direct public access or future
access of citizens to area waterways. The offer to grant the Town an access and
use easement through the property is for governmental/public utility agencies
use only.
Mr. Pike stated that he did not
feel the need to show a hardship in this case. Mr. Pike mentioned that because
of the lot size, setbacks, and restrictions, it puts limits on positioning a
home. Mr. Pike also advised he felt a variance was not the way to go.
Comm Pugh commented that there
was an upcoming meeting for the right-of-ways and Mr. Pike’s request is too
early. Comm Pugh questioned the determination of what can be done with property
now and twenty years from now. Comm Pugh also stated that it is not fair to
abandon one piece for one person without showing a hardship.
Comm Pugh motioned to accept the
recommendation of the staff not to abandon the right-of-way, seconded by Comm
Aaskov.
Mayor Kaleel questioned the
impact of the denial. Attorney Spillias stated that the right-of-way remains a
public access. Mayor Kaleel also questioned if there were any preclusions to
coming back to the Commission with a request once a decision has been made.
Attorney Spillias advised that there was no limitation and that it could be
considered for abandonment as many times as needed.
Mayor Kaleel stated he envisions
problems with neighbors and property owners and the Town should keep the
right-of-way in case there is ever a decision to provide public access. Mayor
Kaleel also stated that this does not preclude Mr. Pike from reapplying at the
upcoming right-of-way meeting.
Motion carried, yea 5.
Town Clerk Hancsak advised that
she had spoken to some of the Commissioners and Monday March 24th was
agreeable for the right-of-way meeting.
As a point of information Mayor
Kaleel stated that the Town is in receipt of the permit for the drainage project
from the Army Corp of Engineers.
Mr.
Berlin
asked if there was an estimated time for moving dirt. Town Manager Dailey
advised that at this point a bid package is put out for construction which is
usually returned within 60-90 days and in her opinion the project would begin in
six months if everything went as planned.
Actions and Reports
8.
Action to Fill Appointments to Board of Adjustment and Planning and
Zoning
Mayor Kaleel advised that there
were a couple of openings on the Board of Adjustment and Planning and Zoning
Commission. Mayor Kaleel commented that Comm Pugh’s position on the Board of
Adjustment was open as well as Rich Lucibella’s and Earl Jones’ seats.
Town Clerk Hancsak advised that Earl Jones was stepping down but if needed would
serve at the March 12th meeting. Town Clerk Hancsak suggested
swapping Mrs. Souther, a regular member, and Mr. Hanna, an alternate because
Mrs. Souther has difficulties attending all the meetings.
Comm Bingham moved to table the
appointments to both boards so the seats could be advertised as a request for
volunteers. Town Clerk Hancsak also advised that Mr. Walker was interested in
serving as a regular member but may have difficulty attending all meetings
during the summer months, seconded by Comm Schulte.
Motion carried, yea 5.
9.
Discuss Building Official Services
Town Manager Dailey summarized
the memo regarding the contract with
Palm Beach
County
for building official services and the contract with Hy-Byrd, Inc. for zoning
and building services.
There was a discussion regarding
the fee schedules for the County and the Town. Comm Schulte advised he would
like to see a fee schedule developed. Town Manager Dailey advised that a fee
schedule must be developed that will cover costs. Mayor Kaleel stated the issue
is whether to privatize the service to have more control or keep the contract
with the County and either way it should be budget neutral.
Mr. Lucibella, 5 Beachway N,
stated that if the County provides the service at no cost to the Town and in
turn charges their own fees in advance, the fee schedule must already be in
place. Mr. Lucibella stated it is impossible to set a fee schedule in advance to
cover costs and that you will either make or lose money; therefore, it cannot be
totally budget neutral. Mayor Kaleel stated it is a service that is being
provided to the Town.
Town Manager Dailey advised that
aggressive research is being done tracking the Town Attorney’s time, staff
time and the engineer’s time and the determination is not just a matter of how
many permits are issued in a year. Town Manager Dailey also stated that it will
probably be a couple of months before a fee schedule is developed.
Mr. Lucibella questioned if the
Town had an estimate of how much money was coming in from permits. Town Clerk
Hancsak advised that it ranged from 30 to 50 thousand and that currently 45
thousand is budgeted this year for zoning review without building review.
Attorney Spillias stated that an
analysis needs to be done of the neighboring municipalities as well as the
building activity in the Town. Attorney Spillias stated he would be surprised if
other Town’s were making money from permit fees because it is not permitted by
law. Attorney Spillias stated that the costs of administering a permit can
include the fees for Hy-Byrd, Inc., administrative time, engineering time, and
revision costs. Attorney Spillias also mentioned that the current zoning review
has involved Town Clerk Hancsak’s time and Town Manager Dailey’s time with a
cost factor for efficiency and also that his time is being spent more than it
should be on interpreting the code. Attorney Spillias advised that the costs
could be raised or dropped each year and fees collected could be utilized for
planning and zoning purposes.
Comm Schulte moved to approve
the recommendation of the Town Manager with an analysis of an intended fee
schedule along with projected costs and assumptions of what utilizations are
going to be as well as notifying the County the Town is canceling the contract
for building official services. The motion seconded by Comm Bingham. Town
Manager Dailey stated she has every intention to provide an analysis with a fee
schedule.
Motion carried - yea 5.
Resolutions
10. No.
2003-06; Electing a Mayor
Comm Bingham, nominated Comm Aaskov for Mayor, Comm Schulte
moved to close nominations, seconded by Comm Pugh.
Comm Bingham moved to approve resolution No. 2003-06
appointing Gail Aaskov as Mayor, seconded by Comm Schulte.
Motion carried - yea 5.
Town Clerk Hancsak read resolution title No. 2003-06,
electing Gail Aaskov as Mayor of the Town of Ocean Ridge until the next election
of 2004.
11. No.
2003-07; Electing a Vice Mayor
Comm Schulte moved to appoint Ken Kaleel as Vice Mayor,
seconded by Comm Pugh.
Motion carried - yea 5.
12. No.
2003-08; Designating Depositories, Authorizing Treasurer or Deputy Treasurer to
sign Town checks, Authorizing any one of the five Town Commissioners to
countersign Town checks
Town Clerk Hancsak read the above Resolution title and summarized same.
Comm Bingham moved to accept Resolution No. 2003-08,
seconded by Comm Schulte
Motion carried - yea 5.
13. Discussion
of new Town Hall building
Comm Pugh questioned if the
Town’s residents could make donations specifically for the new Town Hall
building and would it be tax deductible. Attorney Spillias stated that donations
can be made and he will look into tax deductions. Comm Kaleel recommended
establishing an organization or foundation that would incur some of the tax
expense and possibly making it a historical society. Comm Kaleel also stated
that it would have to be a function of the Staff and the Town could possibly
apply for grant money.
Comm Pugh questioned when the
architectural designs will be done. Town Manager Dailey advised she planned on
having it on the next agenda with the authorization to request for
qualifications of architects. Town Manager Dailey stated once an architect is on
board, figures can be developed for new building costs. There was a consensus to
have Attorney Spillias further research the issue and bring back direction when
an architect is on board. Comm Kaleel mentioned that the State will be cutting
local municipalities sources of revenue dramatically. Comm Kaleel also mentioned
his concern on the impact it will have this year and next year and there will be
challenges ahead regarding the drainage project and other projects in plan.
Town Clerk Hancsak stated she
was in receipt of a letter for Wellington Arms requesting sanitary sewer systems
be installed during the Department of Transportation repaving and will fax the
letter to the Commissioners.
Mr. Lucibella mentioned that
donations for a new Town Hall is a wonderful idea. Mr. Lucibella suggested
offering the residents a chance to “sponsor” different portions of the
building with naming opportunities. Comm Pugh mentioned paver bricks. There was
a short discussion on ideas for donations.
First
Reading
of Ordinances
None
Second
Reading
, Public Hearing and Adoption of Ordinances
None
Town Commission Comments
Comm Schulte stated that Ken
Kaleel did a fine job during his term as Mayor.
Adjournment
Meeting was adjourned at
7:50pm
___________________________
Mayor Kaleel
___________________________
Commissioner Aaskov
Attest By:
____________________________
________________________
Commissioner Bingham
Town Clerk
____________________________
Commissioner Schulte
___________________________
Commissioner Pugh | 
