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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.
Minutes of
4.
Ocean Ridge Resolution No. 2003-10; Opposing Senate Bill 654 (PBCC
BR 03-06) Which
Removes Local Governments’ Authority to Enforce Existing
Cable Franchise Agreements
with Regard to all Broadband or Information Services, and Allows Telephone Companies
to
Implement Unconscionable Rate Increases
with Very Limited Governmental Oversight Comm Schulte requested to move item #3 and #5 from the
consent agenda to number #11 and #12. Comm Schulte also requested that the
minutes from the Comm Bingham requested that the
minutes from the Comm Kaleel requested to add
Resolution 2003-11; Request for Comm Kaleel moved to approve the agenda and the consent
agenda as modified, seconded by Comm Schulte. Motion carried - yea 5. Announcements and Proclamations 6.
The Administrative Office will be closed 7.
Proclamation that the Month of May be Declared as Civility Month Public Comment Cheryl Olanoff, Lothar Mayer, Comm Kaleel stated he did not
think it was the proper forum to be discussing these issues and it was not the
intent of public comment. Mayor Aaskov agreed. Mr. Mayer stated that he met with Mark Taynton from DEP
and was told by Mr. Taynton that he would issue a permit for the seagrapes to be
trimmed if the Town and the Sullivan’s agree. Mr. Mayer stated the
Sullivan’s signed an agreement to have the seagrapes trimmed and he was
requesting the Town to request trimming as well. Mayor Aaskov questioned if Town
Manager Dailey had any objections to the request. Town Manager Dailey stated that there was a consensus
from the Commission to adopt DEP guidelines and she did not object to DEP
working with the Town on a design that met their standards for trimming. Mr. Mayer stated that he was asking the Town request a
permit from DEP to have the seagrapes trimmed in the Town right-of-way, his
property, and the Sullivan’s property. Mayor Aaskov stated she and Town
Manager Dailey would work with Mr. Taynton on the issue. Mr. Mayor then questioned if he would be able to plant in
the right-of-way on Old Ocean Blvd. Comm Kaleel stated Mr. Mayer was advised to
work on a plan with staff that would be acceptable and that this also was not
the proper forum to be discussing these issues. Attorney Spillias commented that
if there is a disagreement with the interpretation with the administrative
official over a zoning matter that the appropriate procedure is to appeal the
decision to the Board of Adjustment. Town Manager Dailey stated that he was
advised that until the drainage plan is approved the landscape plan cannot be
reviewed. Justus Brown, Betty Kelso, Cory Heath, Christina De Angelo, Public Hearings
None Regular Agenda Actions and Reports
8.
Action to Fill One Appointment to Board of Adjustment By: Karen E.
Hancsak, Town Clerk Town Clerk Hancsak advised that one regular position to
the Board of Adjustment was overlooked at the last meeting. Comm Kaleel moved to appoint Storment Norem as a regular
member to the Board of Adjustment, seconded by Comm Schulte. Motion carried - yea 5. The appointment of an alternate member was tabled and
there was a discussion to advertise for resumes in the Ocean Ridge Reporter.
9.
Update on Rights-Of-Way Located in Town By: Ken Spillias, Town Attorney Attorney Spillias stated that
during the Attorney Spillias said that
there was a small easement to the Department of Transportation for drainage and
other than that no other expressed easement was found. Attorney Spillias advised
that he had not done a title search at this point because of the cost involved. Attorney Spillias stated that he
had also looked at two franchise agreements for BellSouth and Florida Power and
Light and at least one alleyway has power lines running from side to side over
the right-of-way. Attorney Spillias advised that FPL has a franchise with the
Town that gives FPL a non exclusive right and privilege to use all of the
publicly dedicated or publicly owned rights-of-ways for purposes of running
power lines. Attorney Spillias said that the franchise agreement is in effect
until the year 2023. Attorney Spillias advised that if that right-of-way was
abandoned an easement agreement would have to be made with FPL. Attorney
Spillias suggested that a public utility easement or a private easement with the
adjoining property owners would need to be retained if the right-of-way is
considered for abandonment. Attorney Spillias stated that
BellSouth had a similar franchise ordinance that expired in the past couple
years and that he would research the issue with BellSouth regarding the
ordinance and bring the information back at another time. Attorney Spillias advised that
he did not locate anything in records that would indicate that the Town has
given or received any easements or rights for drainage purposes. Attorney
Spillias mentioned that with the help of the Town Engineer drainage easements
could be made for what the Town would require for drainage needs in the
alleyways if they are considered for abandonment. Attorney Spillias also stated
that discussions regarding the Comm Kaleel questioned if the
right-of-ways are abandoned if the Town could still retain easement rights.
Attorney Spillias stated that if the Town abandons the right-of-ways a condition
could be made to retain easement rights. Attorney Spillias also suggested that
any agreement be recorded to carry forward to each property owner. Mayor Aaskov asked if the item
could be placed on the June agenda. Attorney Spillias stated that a decision
should be made with the information provided and then a process could begin with
preparing documents and contacting property owners to determine what cooperation
will be given. Comm Kaleel asked if a tentative
policy decision could be made now. Attorney Spillias advised that it was listed
on the agenda as a report however, direction could be given. Comm Schulte stated
he would rather wait until the June meeting then incur the cost of researching
the alleyways now. Mayor Aaskov stated she would like to have the rights-of-way
issue resolved. All concurred that the decision for abandonment of the rights-of-ways would be on the June agenda. Cory Heath, Comm Bingham mentioned that
Pelican Cove has used the right-of-way as access to maintain their trees. Mr.
Heath stated that everyone would like to get the issue resolved. Town Commission Comments
10. Discuss
Comm Bingham stated she was
concerned with the jazz concert that occurred on Good Friday at the Comm Bingham also suggested that
the Town Manager also review the work hours in Town while meeting with the
Boynton Beach Town Manager. Consent Agenda
3.
Ocean Ridge Resolution No. 2003-09; Approve and Authorize Execution of Comm Schulte requested more
information regarding the maintenance and costs involved with street lighting
and also questioned if the Town was going to be responsible for the lighting
liability. Town Manager Dailey explained that the Town is already responsible
for the maintenance and liability and Resolution No. 2003-09 was a compensation
agreement. Town Clerk Hancsak advised that a monthly fee is paid to FPL to
maintain 38 light poles along State Road A1A that are in the Town’s
jurisdiction. Town Clerk Hancsak stated that several municipalities were paying
for street lights on state roads and now the municipalities will be reimbursed
for some of the monies paid for those street lights. Comm Schulte requested more
information regarding the liability agreement before he signed the agreement.
Comm Kaleel stated that the liability to the Town does not change. Comm Schulte moved to adopt
Resolution No. 2003-09, seconded by Comm Kaleel. Motion carried - yea 5. 5. Authorize Payment to Gerhardt M. Witt & Assoc., Inc. in the Amount of $43,135 from the Capital Projects Fund to Drill two Test Pilot Holes near Tropical Drive and Coconut lane Regarding Possibly Using Injection Wells Comm Schulte advised that the
Commission held a special work session regarding the injection wells and that
the issue should be open for public discussion and views. Comm Schulte wanted
clarification that if there is not success with the drilling of the first hole
that the Town will not incur the cost of a second hole. Comm Kaleel mentioned he
agreed in part but he felt it was clear that the set up costs to mobilize the
rig would be the same. Comm Kaleel also said he understood that if there is no
success with the first drilling, a second would not be attempted. Comm Schulte questioned the
liability of $90,000. Town Manager Dailey advised that the liability amount is
standard in the industry and is based on what the project is. Comm Kaleel stated
that the $90,000 of liability is between the Town and the contractor. Attorney
Spillias stated that you cannot bind third parties to a contract and that the
contract limits are between the contractor and the Town. Comm Schulte questioned if the
injection well process changed the grant funding. Town Manager Dailey advised
that at this point the grant money is not affected and the only thing that would
be affected with this method is the cost to the Town and that the grant money is
based on the permits that are issued. Comm Bingham questioned if the
Town would lose any deposit if permits are not issued. Town Manager Dailey
stated that no costs are incurred before permitting. Comm Bingham also questioned the
liability of replacing rental equipment if it is destroyed. Comm Pugh believed
that any equipment would be covered under the contractors insurance. Comm Kaleel
stated that any legal contract requiring the Town approval should be directed to
the Town Attorney to give a legal opinion concerning the exposure to liability
and a brief synopsis of what is being signed. Comm Kaleel also requested that a
definitive statement regarding the total maximum cost be added to the contract
before signing. Comm Schulte moved to approve
the contract as amended to become a two-step process and if the first hole
drilled is successful then proceed with a second hole and as recommended by
staff at an amount not to exceed $43,135 from the Capital Projects Fund,
seconded by Comm Kaleel. Motion carried - yea 5. Additions
13. Fire
Situation Comm Kaleel questioned if what was occurring with the County and Fire Official are doing is legal and requested to direct the Town Attorney to look into those issues as it is causing a serious situation and risk for the Town. Comm Kaleel moved to direct
Attorney Spillias look into policy legalities from the County regarding Fire
Services, seconded by Comm Schulte. Motion carried - yea 5. Adjournment Meeting
adjourned at ___________________________ Mayor Aaskov ___________________________ Commissioner Bingham Attest By: ____________________________ ________________________ Commissioner Kaleel Town Clerk ____________________________ Commissioner Pugh ___________________________ Commissioner Schulte |
