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Town Commission Meeting of the Town of Ocean Ridge held on Monday, August 2, 2004 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 Bingham                         Commissioner Pugh          
                   Commissioner Schulte                                                                                      

Mayor Kaleel  

Commissioner Allison was absent with notice.  

Pledge of Allegiance  

Additions, Deletions, Modifications and Approval of Agenda  

Mayor Kaleel requested to add item 14 and item 17 to the consent agenda.  

Consent Agenda  

1.         Minutes of Regular Town Commission Meeting of July 6, 2004

2.         Ocean Ridge Resolution No. 2004-18; Opposing an Amendment to the Florida Constitution That             Would Raise Florida ’s Homestead Exemption to $50,000

3.         Ocean Ridge Resolution No. 2004-19; Giving Notice to the Palm Beach Countywide Beaches and             Shores Council of Its Intent to Withdraw Membership from the Beaches and Shores Council and to                Take Effect Six (6) Months from Date of This Resolution; Authorizing and Directing the Town Clerk             to Furnish a Certified Copy of this Resolution to the Palm Beach Countywide Beaches and                        Shores Council, Its Respective Members and Such Other Persons and Entities as the Mayor Might             Direct

4.         Notification of Extension of Working Hours for Palm Beach County for the South Lake Worth Inlet             Sand Transfer Plant Construction

4a.       Ocean Ridge Resolution No. 2004-17A; Repealing Resolution 2004-17 and Reaffirming the                Commitment of the Town to Attain and Comply with Minimum Fire-Rescue Level of Service                Standards

14.       Authorize Mayor and Town Clerk to Execute Amendment #1 to the Interlocal Agreement Amending             the Original Agreement dated May 1995 Providing for a Revision to the Distribution Formula               Regarding the Division of Local Option Gas Tax Proceeds

17.       Resolution No. 2004-16; Adoption of Renewal Contract with Waste Management Inc of Florida to             Provide Collection of Garbage, Trash and Recycling

Comm Schulte moved to approve the agenda and consent agenda as amended, seconded by Comm Pugh.  

Motion carried - yea 4.  

Announcements and Proclamations  

5.         The Tentative Budget Adoption and Regular Town Commission Meeting will be held on Tuesday,              Sept. 7, 2004 commencing at 5:01 P.M. and Regular Meeting Immediately to Follow

6.         The Administrative Office will be closed Monday, Sept. 6, 2004 for the official holiday

7.         Proclamation Declaring September 2004 as LITERACY MONTH

8.         Proclamation  Declaring August 2, 2004 as “MEG MALLON DAY”  

Town Clerk Hancsak read the above announcements.  

Public Comment  

Justus Brown, 39 Coconut Lane , questioned if the Town would be changing from septic systems to sewer lines in the near future. Mayor Kaleel advised that the Town needs to complete the drainage improvement project before discussing sewer systems.  

Reports  

9.         Town Manager  

Manager Mathis summarized his update report and advised that there are still several remaining drainage easements that have not been signed by residents of Tropical Drive . Comm Schulte questioned what the reasons were for not signing the forms. Manager Mathis stated that the reasons vary and Town Atty Spillias added that some of the concerns have been related to parking issues and retaining ownership of the street. Atty Spillias also advised that the Town is requesting drainage easements as well as ingress and egress.  

Mayor Kaleel did not feel it was safe for the public safety officers to keep going out during storms and lightning to set up pumps on Tropical Drive . Comm Schulte questioned if Tropical Drive could be taken out of the drainage project and what options the Town had. Mayor Kaleel suggested giving the residents a time certain date to reply to the easement request and then proceed without Tropical Drive if the easements are not signed.  

There was a consensus to send letters by federal express mail to the residents of Tropical Drive advising that a response to the easement documents must be received by August 23, 2004 by 3:00 PM and also to post a notice on the Town website.  

10.       Town Attorney  

Atty Spillias had no reports.  

11.       Director of Public Safety  

Director Hillery had no reports.

Town Engineer Tropepe gave notice that she was obligated to attend another Commission meeting and would be arriving late.  

Action Items  

13.       Report on Ocean Ridge Natural Enhancement Project at Extreme West End of Corrine Street By: Jim             Barry and Harvey Rudolph, PBC Dept. of Environmental Protection  

Jim Barry, PBC DEP and Project Coordinator of the Ocean Ridge Natural Area, gave an update of the project and stated that the Department of Environmental Resources is asking the Town to review and approve a site plan for the project. Mr. Barry advised that the project has had delays and design changes but is now ready to go out to bid.  He showed a conceptual plan of the project with public facilities that would include; a 650’ boardwalk, a concrete nature trail, an observation tower, an educational kiosk and a docking facility. Mr. Barry stated that the estimated cost of the project is $1,870,759 and construction is anticipated to begin in January 2005. 

Mr. Harvey Rudolph, PBC DEP, explained that there is approximately 5 acres of exotic vegetation to be cleared, 34,000 cubic yards of material to excavate, 5 acres of existing mangroves to enhance and 4.5 acres of open water mangrove to create. Mr. Harvey also advised that the docking facilities will be in phase 2 of the project and it will take approximately 9 months to complete phase 1.  

Comm Pugh questioned if the project will help reduce the no seeum problem. Mr. Rudolph advised that the project should not enhance or detract the no seeums.  

Comm Bingham questioned if the project will increase the water flow in the swamp areas and Mr. Harvey stated that there will be water flow in all directions which will help enhance the area.  

Comm Pugh also questioned how deep the area would be and how many vessels will be able to use the docking facilities. Mr. Barry advised that the area will have a 50’ entrance with a 24’ canal, 2 floating docks with 9 boat slips and will be approximately 4’ deep during low tide. He stated that the area will accommodate small to medium vessels but will not be suitable for larger boats.  

Mayor Kaleel questioned if kayaks and canoes will be able to maneuver through the area without problems. Mr. Barry advised that the purpose of the project is to be able to travel and site see the area and there would not be difficulties.  

Public Comment  

Gary Kosinski, 6000 Old Ocean Blvd. , questioned if there would be public parking and Mr. Barry answered that the project does not include a program for public parking.  Mr. Kosinski also asked if the County planned on purchasing properties further east of the project.  Mr. Barry stated the eastern properties are not currently on the program and added they were concentrating on the upland area first. 

Director Hillery questioned if the boardwalk would be wide enough for emergency type vehicles to gain access in the event of an emergency. Mr. Barry stated that the boardwalk was designed to be wide enough for a mule. He also offered to work with Director Hillery on a design that would be acceptable for public safety and also to review the possibility of installing benches within the boardwalk.  

15.       Request for Executive Session RE: Cory Heith, et al v. Town of Ocean Ridge By : Kenneth Spillias,                Town Attorney  

Atty Spillias advised that Atty Michael Burke has requested an Executive Session for guidance regarding costs and settlement negotiations.  

The Commission agreed to schedule a Special Town Commission Meeting on Monday, August 23, 2004 at 5:30 PM .  

16.       Authorize Change Order for Chaz Equipment Co., Inc. to Complete the David Lane and Adams             Road Improvements at a cost of $199,540 to be funded from the Capital Projects Fund  

Comm Schulte questioned why the cost of project had increased. Town Engineer Tropepe explained that there was a pipe break on Adams Road thereby increasing the cost to purchase larger piping and adding additional pipes. She also stated that the cost would include resurfacing David Lane and Adams Road .  

Comm Pugh moved to authorize the change order for Chaz Equipment Co., Inc. to complete the David Lane and Adams Road improvements at a cost of $199,540 to be funded from the Capital Projects Fund, seconded by Comm Bingham.  

Motion carried - yea 4.  

First Reading of Ordinances  

18.       Ordinance No. 548; Amending the Code of Ordinances at Chapter 34, Article IV, Nuisances,                Revising and Deleting Certain Provisions for the Prohibition, Approval and Removal of Landscaping                or Other Encroachments Within the Public Rights of Way  

Atty Spillias stated that the Commission had asked that the section regarding obstructions be simplified for the removal of encroachments in the right-of-way. He suggested that the language in the Ordinance be open enough to allow for Staff or Commission discretion.  

Comm Bingham questioned if the proposed ordinance would give the Director of Public Safety authority to make immediate decisions and advise the property owners to remove encroachments without Commission approval. Atty Spillias advised that any encroachment or vegetation extending out from property into the right-of-way and being maintained by a property owner is a code violation and the Public Safety Department could advise the property owner to remove it or the Town can remove the encroachment. Atty Spillias added that the property cannot be liened because there would be difficulty distinguishing how and when the encroachment was put in the right-of-way.  

Public Comment  

Rich Lucibella, 5 Beachway N, questioned what the position the decision maker would be in when determining what encroachments should be removed and if it would be construed as setting a precedent. Atty Spillias advised that from a legal standpoint there would be no issue because the property owners do not have any rights to Town owned property.  

Jerry Magruder, 9 Ridge Blvd. , asked if something could be done to preserve trees of age that have meaning to the Town.  

Director Hillery asked for clarification of the Ordinance being related to Old Ocean or throughout Town. He also stated that his department reviewed the East side of Old Ocean and questioned if the Ordinance would include the West side of Old Ocean . Mayor Kaleel advised that the Ordinance should relate to dangerous issues on the West side.

Bruce Gimmy, 12 Ocean Ave. , Planning and Zoning Chair, stated that the P&Z recommended removing all encroachments within 6’ of the western side of the Old Ocean Blvd. right-of-way for public safety. He commented that the right-of-way is currently 30’ and felt it was fair to recommend only 6’ be cleared.  

Town Engineer Tropepe added that the land development code also requires an 8’ swale in the right-of-way for drainage purposes and that all new homes and building plans for major renovations are expected to comply.  

Donald Magruder, 9 Ridge Blvd. , felt that clearing 6’ of the right-of-way would make the road seem wider and would attract more traffic. He also suggested again that Old Ocean Blvd be changed to a one-way traffic street.  

Comm Schulte moved to approve Ordinance No. 548 on first reading and also moved to direct Staff to identify all obstructions that are in violation and to notify the owners in writing of structures or vegetation that is not in compliance and to inform them of the new guidelines and make them aware of what is required of them to be in compliance with 30 days given to correct the violation, seconded by Comm Bingham.  

Motion carried - yea 4.  

Second Reading of Ordinances  

19.       Ordinance No. 547; Increasing the Maximum Height to 36’ for Multi-Family Dwellings in the RMM             District

Comm Pugh moved to approve Ordinance No. 547; increasing the maximum height to 36’ for multi-family dwellings in the RMM district, seconded by Comm Bingham.  

Motion carried - yea 4.

Comm Bingham requested that the Planning and Zoning Commission review the zoning regulations in the RMM district to make sure that the district is zoned accordingly and other properties will not be blocked.  

There was a consensus to direct the Planning and Zoning Commission to review the zoning regulations in the RMM district.  

Reports  

12.       Town Engineer  

Town Engineer Tropepe stated that the Hudson Ave. drainage project is going well and is ahead of schedule.  

Town Manager Mathis advised Engineer Tropepe that the Commission had directed staff to notify the residents of Tropical Drive that a response regarding the drainage easements would need to be received by August 23, 2004 . He asked Engineer Tropepe if the drainage plan could be designed to remove Tropical Drive if necessary. Engineer Tropepe advised that a plan could be designed without Tropical and stated that the bid could contain a base bid for Woolbright and alternate plans for a force main between Tropical and Woolbright, for injection wells with a provision that the Town has the option to approve all or none, and another option for the Coconut Lane drainage improvements.  

On another subject, Comm Schulte questioned Ms. Tropepe for a vague estimate for a Town wide sewage system.  She advised 30 million would be a quick guess. Ernest Varvarikos 5582A N Ocean Blvd. , commented that there is a sewer pipe from Boynton to the Texaco gas station in the south end of Town and felt that it would not be long before the Town is forced to convert from septic systems to sewer lines.  

Adjournment     

Meeting adjourned at 8:40 PM