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Town of Ocean Ridge |
Town Hall: |
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Town Hall Building & Zoning Police Department
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Town Commission Meeting of the
Town of Ocean Ridge held on The meeting was called to order
by Mayor Kaleel and roll call was answered by the following: Commissioner Allison Commissioner Bingham Commissioner Pugh Commissioner Schulte Mayor Kaleel Pledge of
Allegiance Additions, Deletions, Modifications and Approval of Agenda Mayor Kaleel requested to withdraw item #16. Consent Agenda
1.
Minutes of
2.
Minutes of
3.
Minutes of Comm Pugh moved to approve the consent agenda, seconded by
Comm Bingham. Motion carried - yea 5. Announcements
4.
Proclamation Declaring April 2004 as “Read Together 5. Proclamation Declaring May 2004 as “Civility Month”
6.
The Town Web Site (www.oceanridgeflorida.com)
now includes a Town Update
Report
listed as a Menu Item Mayor Kaleel read the above announcements Public Comment Cheryl
Olanoff, Jerry
Magruder, George
Bierlin, Don Magruder,
Public
Hearings 7. An application submitted by Digby Bridges, Marsh & Assoc., Inc., 124 NE 5th Ave., Delray Beach, FL 33483, representing owner, Marjorie M. Miley, requesting a variance (development permit) from the provisions of the Land Development Code, Article 2; COASTAL CONSTRUCTION, Section 67-17; Coastal Construction and Excavation Setback Line; Sub-Paragraph (a); Setback Line Established; and Sub-Paragraph (h) Existing Structures to permit a 869 sq ft two story addition to the existing home, which would extend approximately 160’ east of the Coastal Construction Control Line (CCCL), and pool and patio area extending approximately 177’ east of the CCCL located at 6057 Old Ocean Blvd. or legally described as Lot 6, north ½ of Lot 7, Block 4, Boynton Sub Amended Subdivision (exact legal description located in the Clerk’s Office) Digby
Bridges, of Digby Bridges, Marsh & Associates, stated that he was happy to
see an older house being preserved instead of being demolished. He also
commented that the proper State and environmental permits will be obtained and
the application to the Town was only a formality and courtesy. Town Clerk
Hancsak advised that all of the fees were paid and no additional correspondence
had been received and clarified the request was actually for a development
permit. Comm Bingham
moved to approve the development permit as submitted by Comm Bingham commented that she
would like to see the house land-marked as historical. Motion carried - yea 5.
8.
An application request from V & O Island Properties, LLC, 5582
N Ocean Blvd., Ocean Ridge, FL 33435 and the Ocean Ridge Yacht Club
Homeowners Association, Inc., 5600 N Ocean Blvd., Ocean
Ridge FL 33435 requesting a public hearing regarding the provisions of the Land
Development code at Chapter 63; General and
Administrative Provisions, Article 4; Site Plan Review Procedures, Section 63-54; Major Development Application and
Site Plan Requirements and Section 63-74; Modification of Town Commission
conditions of Approval, and Chapter 64; Zoning, Article 5; Subdivisions;
Sections 64-100 through 64-105 pertaining to replatting requirements. The
request is for a Site Plan Modification to annex in a .56 acre parcel located south of
Chickasaw St. and west of Crown Colony into the existing 9.48 acre
Ocean Ridge Yacht Club to construct six townhouses. The request
also includes approving Resolution No. 2004-10; Evidencing its
intent to vacate and abandon its interest in the unimproved thirty
(30) foot wide, Chickasaw Avenue platted right of way located on the
property within the Town of Ocean Ridge situated north of Lots 1,9,10, 11 and 12 of Briny Breezes Addition No. 2 Plat recorded in
Plat Book 14, Page 62; the right of way is located generally between
Ocean Ridge Yacht Club and Crown Colony in the 5500-5600 block of SR A1A. Town Atty Spillias stated that
the Commission must base a decision on the facts that are presented. He also
advised that anyone giving testimony must be sworn in and that general opinions
are not considered substantial. Town Clerk Hancsak mentioned that two letters of
correspondence were received with requests to be read into the minutes and also
that all fees have been paid except for the re-platting fee. Comm Schulte commented that the
Planning and Zoning Commission recommendation and the Staff recommendation were
different. He also stated that it seemed the application being presented had
changed from the presentation made to P&Z and felt that the item should go
back to P&Z for review. Atty Spillias advised that it was not unusual for a
petitioner to make modifications to the application based on comments and
recommendations from P&Z and stated that the Commission should hear the
presentation first. Atty Greg Young, Edwards and
Angell, representing V&O Island Properties LLC, advised that a presentation
was made to P&Z to modify an existing site plan at the Ocean Ridge Yacht
Club to construct 6 town-house units, a request to abandon a portion of the
Chickasaw right-of-way, and to provide for a map re-platting. Atty Young stated
that the .56 acre parcel is unique and could be annexed as part of the Ocean
Ridge Yacht Club. He explained that the original treatment plant and other
amenities at the ORYC had included the property for the possibility of future
development. Atty Young advised that the original application included a request
to completely abandon the unimproved western portion of the Chickasaw
right-of-way and the P&Z Commission raised concerns with blocking off the
intracoastal access. Atty Young stated that the alternate #2 design requested to
partially abandon the right-of-way with an easement on the east and south sides
and improving the area to allow for pedestrian access to the water. He also
mentioned that there was an alternate #3 design which slightly moved the still
proposed abandoned right-of-way to allow a straight access to the property. Atty
Young stated that alternate #3 raised safety concerns because the proposed
entrance gate would need to be removed and would allow public access to the
Yacht Club. Atty Young advised that his clients would prefer alternate #2 and
they believe the application is consistent with the P&Z recommendations.
Atty Young also mentioned that one of the concerns was taking away the Chickasaw
access to the waterway. He stated that with the alternate #2 plan the traffic
would have more access and an enhancement of a linear park that would be
maintained by the Yacht Club. Atty Young showed a board display of the original
proposed plan and the alternate #2 and #3 plans. Mayor Kaleel questioned if the
dimensions displayed were the same as the presentation to P&Z and the
appearance of the “zig-zag” area between the properties was accurate. Atty
Young advised that all of the dimensions were the same and the “zig-zag” was
displayed on the design presented to P&Z. Comm Bingham questioned why the developers were requesting to construct 6 units on less than an acre of land and mentioned that the land development code does not allow for more than 5 units per gross acre. Atty Young stated that by combining the property with the Yacht Club the density would be based on the entire area and 6 additional units would be permitted. Town Clerk
Hancsak mentioned that the P&Z motion did not recommend the right-of-way
abandonment. Town Manager Dailey stated that Staff would not recommend alternate
#3 if the Commission does not abandon the right-of-way because there would then
be 3 gates installed for vehicle traffic which could delay emergency response
vehicles. She also advised that two of the P&Z members, James Bonfiglio and
Ward Northrup, were present and could possibly answer questions. Atty Young
advised that he understood the P&Z motion was to recommend abandonment
provided the eastern gate was removed to allow for pedestrian access. Mayor Kaleel
questioned if the project could be accomplished without abandoning the
right-of-way. Atty Young stated that the plan could not work without at least
partial abandonment or a variance and felt that the application to the
Commission was within the original parameters as presented to P&Z. Atty
Spillias stated that the Commission could approve the request with conditions
and without abandonment of the right-of-way. He added that the applicants could
request a setback variance from the Board of Adjustment to accomplish the
project. Public
Comment James
Bonfiglio, Gerry Goray,
Domonick
Pallaria, George
McQuade, Cheryl
Angelotti, James Cox, Richard
Lucibella, 5 Beachway North, requested clarification that if an abandonment is
not given then a variance would be necessary for the development of the project.
Mayor Kaleel clarified that a variance would be necessary without right-of-way
abandonment. Mr. Lucibella stated that as a member of the Board of Adjustment,
he understands that the board is very limited to granting variances and that the
applicant must satisfy several criteria. He questioned how the applicants could
justify and achieve a variance without a hardship. George
Bierlin, Atty Young
requested Town Atty Spillias to confirm that he attended the second Planning and
Zoning Commission meeting regarding the application and that the “zig-zag”
was on the original presentation. Atty Spillias confirmed that he was present.
Atty Young stated that the “zig-zag” was put in because Crown Colony wanted
more buffer and added that if the Crown Colony wastewater facility is adversely
causing health and noise hazards they need to stop the nuisance immediately.
Atty Young commented that Crown Colony has no right to take away from
development on the property and read a letter received from the Department of
Environmental Protection that stated the wastewater treatment facility is not in
compliance. Ernest
Varvarikos, Comm Pugh
commented that the Town has been very steadfast not to abandon right-of-ways and
felt the Commission should stand by the decision especially with a right-of-way
to the intracoastal. He stated that he did not oppose the project but felt it
should be done in a way that does not require abandonment of the right-of-way.
Comm Bingham agreed that the right-of-way should not be abandoned and mentioned
that the Chickasaw right-of-way has always been used by the residents in the
south end of Town. Comm Allison
respected the Commission policy on right-of-ways but felt there were advantages
to the project. Comm Allison questioned Atty Spillias if there were any legal
ways to allow the project with the Town retaining ownership. Atty Spillias
stated that there were several options available which included denying the
abandonment and any of the presented site plans which would preclude the
applicant from reapplying for one year. He advised a second option would be to
vote against the abandonment and approve one of the site plans with the
possibility of a setback variance. A third option Atty Spillias mentioned was to
send the application back to P&Z to review other options as suggested by the
Commission such as revising the site plan to reduce a unit in order to allow the
project without abandonment of the right-of-way. He stated a fourth option is to
allow the applicant to withdraw the proposal without prejudice so that they can
rework the application and would not have to wait one year to reapply. Atty Young
advised that the application has been before the Planning and Zoning Commission
twice and he did not see the benefit in going back. Comm Schulte
suggested the item be tabled. Atty Spillias suggested continuing the hearing and
directing the applicant to come back with modifications based on the Commissions
direction. Atty Young
requested a break to confer with his client. Mayor Kaleel advised Atty Young to
step outside with his client to confer and commented that he liked the site plan
and thought a linear park was a good idea. He also stated that the Commission
should stay consistent and not abandon the right-of-way. There was a
break from Regular
Agenda Reports
9.
Town Manager Town Manager
Dailey stated that the Commission requested a proposal to place decorative
street signs throughout Town similar to the new signs placed on Town Manager
Dailey gave an update on the new walkovers at Edith and Town Manager
Dailey advised that the Commission voted to add David Lane as part of the bid
package for the entire South Phase of the drainage project and also that the
design of David Lane come back to the Commission before it is included in the
bid proposal. She stated that the design will be completed and brought to the
next Regular Commission Meeting. Town Manager
Dailey requested that landscaper Lewis Graham be given an opportunity to reply
to comments made by Mr. Magruder during public comment. Town
Landscaper Lewis Graham, Bluewater Lake Management, stated that when he began
the project on Mrs.
Magruder commented that the plants were not watered in four days and she
believed they needed to be watered. Mayor Kaleel stated that the landscaper will
be held accountable for the plants and that the homeowners should not interfere
with the project or the contract with Mr. Graham could be voided. Mrs. Magruder
advised that she had only watered the plants twice and would not do it again. Comm Bingham
questioned why Landscaper Graham had planted crepe myrtle. Mr. Graham replied
that crepe myrtle was used because they are colorful during the summer months
when there is not much color from other plants and were suitable for the area. Comm Schulte
questioned why there were 3 dead palm trees in the north end of Town. Mr. Graham
answered that Town Manager
Dailey advised that there have been some problems lately with the landscaping
and she felt that the landscaper was short staffed for the amount of detail the
Town requires. Manager Dailey requested approval by the Commission to bid out
the landscaping service at the end of Bluewater Lake Managements’ contract in
September. Comm Pugh
moved to direct the Town Manager to bid out the landscape contract, seconded by
Comm Schulte. Comm Bingham
suggested that a very detailed report be made of what the Commission requires
for the landscaping. Motion
carried - yea 5. Town Manager
Dailey stated that Comm Schulte
moved to approve staff to apply for the Public Land Grant Program, seconded by
Comm Allison. Motion
carried - yea 5. Town Manager
Dailey advised that the beach clean-up by the Charter School of Boynton Beach
last week went extremely well. Mayor Kaleel requested that a thank-you letter be
sent.
10. Town
Attorney Town
Attorney Spillias gave an update on the Cory Heith vs. Town of Ocean Ridge
litigation. He advised that the Court granted the Town’s request for a motion
to dismiss the complaint for failure to join all the necessary parties which
were the property owners who abut the right-of-way. Atty Spillias stated that
the dismissal was without prejudice to the parties to re-file when the necessary
property owners are involved. Atty
Spillias mentioned that he recently received a proposal from Mr. James Bonfiglio
regarding his deck encroachment. He advised that the direction from the
Commission was to advise Mr. Bonfiglio to remove the encroachment subject to a
proposal. Atty Spillias mentioned that he has not reviewed the proposal yet but
he will be prepared at next months meeting to give his recommendation and added
that the Commissioners would be receiving a copy of the proposal. Atty
Spillias advised that there were three Comprehensive Plan Amendments submitted
to the Department of Community Affairs which were the Future Land Use Element,
Capital Improvements Element and the Recreation and Open Space Element. He
advised that before DCA will give any comments or recommendations they ask for
the advice of the Treasure Coast Regional Planning Council (TCRPC). Atty
Spillias stated that when the Special Exception was approved by the Commission
there was also direction to withdraw the Land Use Amendment request if no
appeals were received within the appeal period. He advised that the Treasure
Coast Council received notification from DCA that the Land Use Element had been
withdrawn and therefore there was nothing for the Treasure Coast Council to rule
upon. Atty Spillias stated that there was discussion and concerns raised about
the preservation of the Hammock Area. He mentioned that the Treasure Coast
Council would be sending a letter to the Town Commission expressing their
viewpoints regarding the preservation of the Hammock Area. Atty Spillias stated
that the Capital Improvements and the Recreation and Open Space Elements were
forwarded to DCA and a response was received on March 30th stating
that they did not feel there was a need to provide an Objections,
Recommendations and Comments Report and would be sending the Comprehensive Plan
Amendments back to the Commission for final adoption. Atty Spillias advised that
the Comprehensive Plan process will be completed and on the agenda next month.
He also added that staff is still working on the extension of the grants and are
awaiting a response from Jerry
Magruder, Town
Attorney Spillias clarified that Mr. Peter Merritt had walked the property twice
and once was with Town Manager Dailey and Atty Deady.
11. Director
of Public Safety Director
Hillery stated that Code Enforcement has been notifying homeowners of blighting
situations including residences that require pressure cleaning or painting their
property in order to keep property values up.
12. Town
Engineer (SFRN, Inc.) – Drainage Update Engineer
Tropepe advised that last week a meeting was held with the residents of Comm Allison
questioned if the same measurement was still being used. Engineer Tropepe
advised that they have worked with each individual homeowner based on the
elevation of the road. She stated that in most cases they were able to work
within 30 feet and some of the vegetation will be located on the back end of the
swale but will not interfere with the drainage. Engineer
Tropepe stated the South Phase of the project had been submitted to the
Department of Environmental Protection and they have requested additional
information regarding the drainage wells. She mentioned that Mr. May, who is in
the process of preparing the permit, has volunteered to explain the conditions
of the permit to the Commission. Engineer Tropepe hoped to have a permit in hand
next month to present to the Commission and also felt it would be beneficial to
have Mr. May come to explain the conditions that will be put on the permit. She
mentioned that the next step will be a modification to South Florida Water
Management District and then to go out to bid in two parts. Engineer Tropepe
explained that the bid will include the original force main going up the road
with an alternate of the drainage well and depending on the prices the
Commission can determine which way to relieve the drainage in the south end of
Town. Engineer
Tropepe responded to the comment by Mrs. Cheryl Olenoff regarding There was a
consensus to change the order of the agenda in order to allow Engineer Tropepe
to address item #14 regarding Mechanical Equipment for the drainage project. Action Items
14. Approval
of Contract for Procurement of Mechanical Equipment for the
Drainage Project
By: Kathleen Dailey, Town Manager Engineer
Tropepe stated that the bid for mechanical equipment was advertised on March 21st
and Engineer
Tropepe advised that staff recommends the alternate #2 of the bid in the amount
of $1,026,722 which would save the Town $144,580 from the standard bid and
requested that the Commission approve the procurement of mechanical equipment
for the south phase of the stormwater drainage improvement project to F.P.I.,
Inc of Pompano Beach in the amount of $1,026,722. Mayor Kaleel
questioned if it was common to only receive one bid. Engineer Tropepe advised
that there are not many vendors in the area for the type of pumps being used. Comm Bingham
moved to approve the of mechanical equipment for the south phase of the
stormwater drainage improvement project to F.P.I., Inc of Pompano Beach in the
amount of $1,026,722, seconded by Comm Schulte. Comm Pugh
questioned if the equipment was stainless steel. Engineer Tropepe stated that
the equipment is made with metalized coating and is standard in the industry and
is also used by the Army Corp of Engineers. Mechanical
Engineer Lakhbir Chauhan, F.P.I., Inc., stated that the process of metalization
consists of melted stainless steel being sprayed onto the metal which bonds to
the surface of the material. He advised that the characteristics become like
stainless steel and has been widely used by the Army Corp of Engineers. Mayor Kaleel
requested that in the future when the Commission is approving an amount of money
that Engineer Tropepe provide where the funds are coming from in the budget and
where the budget stands so that it is not too far off track. James
Bonfiglio, Richard Lucibella, 5 Beachway North, questioned why the Commission was considering a sole source contract. Engineer Tropepe answered that the bid was advertised in the Palm Beach Post and the bid information was provided to the Dodge Report who posts the bid on their website. Town Manager Dailey added that one other company picked up a bid package but did not submit a bid. Comm Bingham amended her motion
to include the adoption of Resolution 2004-12, seconded by Comm Schulte. Motion carried - yea 5.
13. Selection
and Authorization for Administrative Staff to Negotiate a Contract
with
Architectural Firm Design for Town Hall Renovations/Expansion By: Kathleen
Dailey, Town
Manager Mayor Kaleel commented that a
workshop to set priorities and objectives is being scheduled and suggested that
the item be delayed until after the workshop. Comm Allison moved to table item
#13, seconded by Comm Pugh. Motion carried - yea 5. 8. Continued Atty Young advised that his
clients were prepared to modify their application by requesting modifications to
the existing site plan for the Ocean Ridge Yacht Club to include the subject
property into the Yacht Club and otherwise permit the development of 6
residential town home units on the subject property and to re-plat the existing
Yacht Club and the .56 acre property together on a plat without an abandonment
of any portion of Chickasaw Street. He stated that his clients would do that
with an obligation to make an application to the Board of Adjustment for any
required variances in connection with the site plan that they would propose. Atty Spillias questioned if the
applicant would be amending their rendering. Atty Young stated that they would
be coming back with a site plan and also asking to combine the properties on a
plat map. Mayor Kaleel questioned how the
applicants could present a site plan without the abandonment of the
right-of-way. Atty Young advised they would possibly be proposing a plan with
only an improved roadway connection for access. Atty Spillias stated he would
recommend that a specific site plan to be approved. Atty Young did not feel his
clients were obligated to do that unless a variance was being applied for. He
added that the requirements have been met for a site plan amendment and a
re-plat without coming back to the Commission with a site plan unless it
requires a variance from the Board of Adjustment. Atty Spillias requested the
Commission move ahead while he researched the code. Mayor Kaleel stated the
Commission would need Atty Spillias’ participation for item #15 and requested
to move to #17. Town Commission Requests
17. Request
for Early Morning Workshop to Set Priorities and Objectives for
Coming Year By:
Mayor Kaleel Mayor Kaleel stated that the
Commission needs to prioritize projects and give staff an indication of what
they would like to see in the coming months and also to set objectives for the
Town Manager. There was a consensus for Town
Clerk Hancsak to contact the Commissioners to arrange an early morning meeting
within the month.
18. Authorize
Request for Proposal for Moderator for Comm Allison stated that the
Commission seemed to be in favor of a retreat and advised she would bring back
proposals.
19. Discuss
Enforcement of Exotic Plant/Weed Removal on Dune By: Comm
Bingham Comm Bingham advised that a list
has been provided for exotic plants on the Dune that should be removed and
controlled. She felt that over the past several years the exotics on the Dune
have killed the good vegetation and she would like to get clear direction from
DEP on identifying and enforcing weed removal. Mayor Kaleel advised that the
Town Manager could look into it.
20. Discuss
Sponsoring a PBC Drowning Coalition Event By: Mayor Kaleel Mayor Kaleel advised that he met
with PBC Comm Warren Newell who started a
8.
Continued Atty Young
stated that he believed all the application requirements have been met for site
plan approval. Atty Spillias advised that the setbacks have not been met and the
site plan amendment to the Yacht Club requires the exact location of the
buildings and he suggested that the hearing be continued next month to allow the
presentation of the modified plan and at that time it can be re-opened to public
comment limited only to the modifications and not the whole application. Atty Young
commented that it would be helpful to have Commission input and asked if they
could meet on an ex-parte basis before the plan is modified. Comm Bingham
moved to continue the item as a continued Public Hearing at the May 3rd
Commission Meeting, seconded by Comm Pugh. Motion
carried - yea 5. Resolutions
15. Resolution
No. 2004-11; Approving/Authorizing the Execution of the
Interlocal Agreement
Between the Town of Manager
Dailey advised she was distributing two proposed changes to the contract which
included an addendum to Sec. 5, paragraph (A) adding “Funding for all
necessary equipment and supplies, as well as vehicle replacement costs, is
included in the annual fee as identified in Section 4, Subsection A of this
agreement” and changing Sec. 6, paragraph (A) to read “The City and the
Town, upon mutual agreement, will decide whether to staff the Town’s Fire
Station”. Comm Schulte
expressed several of his concerns which included the “Good Faith Agreement”
and the impact of the 4% minimum annual adjustment. Comm Schulte felt that the
fiscal financial impact was going to be tough. Mayor Kaleel commented that there
is not a City in Comm Bingham
commented that small towns should stand up to OSHA and that the Town has run
fine without all the regulations. Comm Schulte
moved to approve Resolution 2004-11 with the changes identified by Manager
Dailey, seconded by Comm Bingham. Motion
carried - yea 5. Mayor Kaleel
commented that he would like to discuss during the workshop the consideration of
allocating the funds from the sale of the pumper to stay within the Public
Safety Department for upgrades. He also mentioned that there was a new Rules for
Participation added to the agenda this month and the Commission concurred they
approve of the new format. Comm Schulte
moved to adopt the proclamation declaring May 2004 as civility month, seconded
by Comm Pugh. Adjournment Meeting adjourned at 10:35 PM |
