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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 Pugh Commissioner Schulte
Mayor Aaskov Comm Kaleel
arrived late with notice. Mayor Aaskov advised that the
meeting was being held as a workshop for the purpose of reviewing the
rights-of-ways and alleyways in Town. Mayor Aaskov stated that there would be
public comment after the Commission discussion. Pledge of Allegiance Action Items 1. Discuss Planning & Zoning Recommendations for Rights-of-Way
2.
Town Commission Recommendations for Rights-of-Way Comm Schulte asked for a
synopsis of the Planning and Zoning Commission recommendations. James Bonfiglio, Mr. Bonfiglio advised that the
P&Z had reviewed the ROW’s 3-4 years ago, however, no formal action was
taken and they were asked to review the right-of-ways all over again. Mr.
Bonfiglio also stated that the P&Z had done a lot of hard work going over
all the various options available and discussing the advantages and
disadvantages. Town Attorney Spillias followed
up indicating that the beach access crossovers being discussed are the
right-of-ways East of A1A. Attorney Spillias stated that the recommendation by
the Planning and Zoning Commission was for the Town to retain and maintain each
of them. Comm Bingham questioned which of
the right-of-ways on the beach currently have crossovers and which have proposed
crossovers and also if the Mayor Aaskov stated that the
proposed crossovers were at Attorney Spillias stated that
the right-of-ways should be marked as public access. Mr. Bonfiglio stated that a
visual inspection was conducted of the Ward Northrup, Mr. Bonfiglio clarified that the
recommendation by the Planning and Zoning Commission was to retain and maintain
the Comm Bingham suggested a public
access sign be put at Edith St. on the east side as well as a small sign on the
west side. Comm Kaleel arrived at
approximately Attorney Spillias stated that
the issue was the palm tree and fence. Attorney Spillias mentioned that if the
Commission determined that the pathway that currently exists is sufficient and
that neither obstruction prevent the use of the right-of-way then the property
owner should request the right to retain the obstruction and execute a
indemnification agreement requiring the property owner to maintain the
obstruction. Mayor Aaskov questioned if a
notice would have to be made to the property owner advising them that they are
required to appear before the Commission for the request to keep the
obstruction. Attorney Spillias advised that the property owner should be
notified of the procedure for requesting to keep and maintain the obstruction. Comm Schulte advised that the
code should be enforced. Attorney Spillias stated that an application for a
building permit can be required but generally it is unwise to allow a fence to
be constructed in a right-of-way for vehicular access ways. Attorney Spillias
also stated that pedestrian access could be treated differently. Comm Bingham questioned if the
drawing had been completed for what the crossover would look like. Town Manager
Dailey stated that the crossover is an on ground type and approximately two and
a half feet wide. All agreed to notify the property owners to request permission from the Commission to keep and maintain right-of-way obstructions. Mayor Aaskov stated that
property owners requesting to keep obstructions in rights-of-ways that are not
being abandoned should also receive notification of the process to request
permission from the Commission as well. Comm Pugh stated he felt that
obstructions should either all be permitted or none be permitted and that proof
of hardship should be provided for obstructions to be kept. Town Clerk Hancsak read the last
paragraph of the P&Z recommendations which stated that any structural
obstructions be removed and license procedures should be enforced for landscape
obstructions provided there is sufficient ingress/egress on any utility
easements for utility vehicles, vehicles or pedestrian traffic in the current
upland areas. Comm Kaleel advised that he is not in favor of allowing
obstructions because they are illegally in the right-of-way and they should be
removed. All agreed that the western All agreed that the Chickasaw
right-of-way not be abandoned. All agreed that the Comm Bingham questioned what was
being done with the property referred to as Alleyway #1 by the P&Z, located
in back of the Town Hall. Comm Kaleel advised he felt there was a need to keep
the fifteen-foot alleyway on the south side until the County decides what they
are going to do with the mangroves and more information is obtained on access to
the western properties. All agreed that Alleyway #1 not
be abandoned. Comm Kaleel commented that he
felt there was no purpose to retain Alleyway #2 and that it could be easily
abandoned and easement rights retained. Comm Schulte advised he believed at one
time all the property owners requested abandonment of the alley.
Town Clerk Hancsak stated she believed all but one property owner wanted
abandonment at that time. Attorney Spillias advised that
the right-of-way is an alleyway that is designed as a secondary access way and
that there is no real difference between an alleyway and a street. Comm Pugh questioned if the
alleyway could be abandoned in perpetuity to use it for their needs and the Town
could use it if needed at a later time. Comm Bingham stated people use the
alleyways to get into the back portions of their yards. Comm Kaleel stated he
felt the Commission should only reserve what the Towns needs and he feels there
is no need to retain Alleyway #2. There was a discussion on the
size of the alleyways. Comm Bingham stated she believed the Attorney Spillias advised that
whether or not the Commission determines to abandon the right-of-way as a public
right-of-way the owners could agree to have an easement for each other. Attorney Spillias advised that
it is a function of the Commission to determine if there is or will be a need to
retain the right-of-way for public use to justify abandonment. Comm Schulte questioned the
jurisdictional areas of the west portions of the right-of-ways and if access
must be made to jurisdictional property. Town Manager Dailey advised that if the
Town retains or abandons the right-of-ways, obtaining a permit to clear or use
the property would still be difficult. Comm Kaleel advised that due to
the Town not abandoning the Comm Bingham questioned which
yard the power department would have to enter if access was needed to work. Comm
Kaleel advised that easement rights could be retained for utilities and drainage
and they could still be accessed. Comm Bingham mentioned that at
one time there was a drainage ditch in the alleyway that pushed the flow of the
water up Comm Kaleel stated that he does
not believe there will ever be a road or pathway put in the area and that the
Town should abandon the right-of-way and keep utility and drainage easement
rights. Comm Schulte commented that all objectives could be achieved and that
the homeowners could come to an agreement to maintain the areas and the Town
could retain easement rights for work orders needed in the future. Comm Bingham
stated that the alleys should be firm enough for maintenance and utility
vehicles to access. Town Clerk Hancsak advised that
Town Engineers from Shalloway, Foy, Rayman and Newell stated that most likely
nothing could be done in jurisdictional areas. Comm Kaleel questioned if
objectives could be met by abandoning Alleyway #2 and keeping easement rights.
Attorney Spillias stated that easement rights could be kept but that the Town
might consider retaining the area due to the drainage project. Comm Kaleel mentioned his
concern with abandoning Town Manager Dailey commented
that on pg. 5 of Town Engineer Tropepe’s report, in regard to the drainage, it
was recommended to retain a drainage easement and also that a specific condition
be added that the area could not be filled, in order to maintain the drainage
swale. Comm Bingham stated that
Alleyway #3 could not be abandoned because there are three homeowners that use
the alleyway to access their residence. Town Clerk Hancsak advised that a
private easement agreement could be established over each of those homeowner’s
properties. Comm Bingham questioned if the
Town could impose a private easement agreement. Attorney Spillias advised that
the homeowners could create an easement among themselves. Comm Kaleel stated
that if the right-of-way is abandoned the Town has to have an agreement for
easement usage and if an agreement cannot be made the right-of-way should not be
abandoned. Attorney Spillias stated that a
portion of the right-of-way could be abandoned and that the portion that is
determined to be needed for public use could be retained and the homeowner would
be responsible for maintaining the area. Attorney Spillias also advised that
even if the homeowners created a private easement agreement between themselves,
the property could not be used in a manner that would interfere with the
easement-holders right to use it for easement purposes. Comm Bingham questioned the
drainage needed for Alleyway #3. Attorney Spillias advised that the Town
Engineer stated the alleyways are not needed for the drainage project. Comm
Kaleel suggested the Town create a quid-pro-quo stating that if the Town
abandons the right-of-way then the Town will retain easement rights. Comm Schulte questioned if an
agreement is required between the homeowners. Attorney Spillias advised that an
agreement or permission from the homeowners is not required to abandon a
right-of-way. Attorney Spillias also stated that if sufficient access can be
made for utility and drainage and it is determined there would no longer be a
public need for a right-of-way, he can advise the correct way to abandon the
right-of-way. Attorney Spillias mentioned that each right-of-way is unique and
would need to be addressed separately. There was a discussion regarding
the All agreed that the Attorney Spillias advised he
would bring back the correct process for abandoning the Alleyways #2 and #3 at
the next Regular Commission Meeting in May. Comm Kaleel stated he is in favor of
abandoning the two alleyways but wants to have more information from the Town
Attorney on the correct process for abandonment. Public Comment Justus Brown, George Bierlin, Kathleen McMann, representing
William Morris and Sandra Morrison of Coconut Lane and Cory Heath of Hudson
Avenue, stated that her firm sent a letter to the Town Attorney and
Commissioners advising that her clients were taking the position that both
Alleyways #2 and #3 have already been abandoned. Attorney McMann stated that the
Town has not maintained the alleyways and has not used the alleyways for public
use for a time period longer than 16 months. Attorney McMann advised that
according to Florida State Statute the Town has legally abandoned the alleyways
due to lack of past use. Attorney McMann stated that her clients would take
formal action on the reference of past use and requested the Town take
appropriate action. Attorney Spillias advised that
he received the letter and would review the Statutes, determine the factual
information and then give his opinion at that time. James Vecchione, Linda Giesler, Steve Romanowski, Bruce Gimmy, Mayor Aaskov and Comm Kaleel
both stated they did not feel the work was rejected and that there were
legitimate concerns. Comm Kaleel commented that the issue is more than someone
not wanting to abandon a right-of-way. He stated that the legal ramifications
are that the Town has to have a public purpose for the right-of-way and if the
Town cannot use it for public purpose than the Town does not have a right to
retain a right-of-way. Town Clerk Hancsak advised that
the letter received from Pelican Cove requesting not to abandon Lother Mayer, 6009 and Linda Geisler, James Bonfiglio, Adjournment Mayor Aaskov ___________________________ Commissioner Bingham Attest By: ____________________________ ________________________ Commissioner Kaleel Town Clerk ____________________________ Commissioner Pugh ___________________________ Commissioner Schulte |
