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SPECIAL MEETING HELD BY THE TOWN COMMISSION FOR THE TOWN OF OCEAN RIDGE, FLORIDA, IN THE TOWN HALL ON MONDAY, AUGUST 23, 2004, AT 5:30 P.M.           

The meeting was called to order and roll call was answered by the following:  

                        Commissioner Allison               Commissioner Schulte

                        Commissioner Bingham             Commissioner Pugh                 

Mayor Kaleel  

ACTIONS AND REPORTS  

1.                  Confirm Appointment of Anita Calhoun, Dispatcher/Clerk  

Comm Pugh moved to confirm the appointment of Anita Calhoun as Dispatcher/Clerk subject to satisfactory results on all of the required background and new hiring procedures.  Comm Bingham seconded the motion.  

Motion carried – Yea (5)  

2.                  Approve Interlocal Agreement that establishes the Palm Beach Countywide Coastal Council and replaces the Palm Beach Countywide Beaches & Shores Council  

Comm Bingham moved to approve the Interlocal Agreement establishing the Palm Beach Countywide Coastal Council.  Comm Schulte seconded the motion.  

Motion carried – Yea (5)  

Town Atty Spillias requested to research #3 and #4.  

3.                  EXECUTIVE SESSION Discuss Settlement Negotiations or Strategy Related to Litigation Expenditures in the case of CORY HEITH; MARIENELLA HINSON; KLAUS & ANNETTE JANUSCHEWSKI; WILLIAM MORRIS & SANDRA MORRISSON; LAWRENCE & BARBARA O’DALY; STEVEN & DENISE ROMANOWSKI; JAMES & CHERYL VECCHIONE; AND JEFFREY WILLENS & CLARE M. HANSON v. TOWN OF OCEAN RIDGE – CASE #2003 CA 010524 AB  

Town Atty Spillias advised that he had received a telephone call from the Town’s counsel, Michael Burke, advising that he was unable to attend the meeting due to a pending trial.  He added that he had spoke to Mr. Burke regarding the issues discussed by the Commission at the last meeting and he has completed most of the research.  Atty Spillias suggested continuing the Executive Session meeting on Sept. 7, 2004 either before or after regular meeting.  

Comm Schulte moved to continue the Executive Session (Attorney-Client) until the September 7, 2004 that begins at 5:01 P.M. , seconded by Comm Bingham.  

Motion carried – Yea (5).  

4.                  Decision Regarding Proceeding with the Tropical Drive Portion of the Drainage Improvements  

Town Manager Mathis commented that there are still three outstanding easements.  He stated that Mr. Zank advised that he was overnighting his executed documents back and Mr. Manuel’s attorney contacted Atty Spillias to advise the documents are forthcoming.  He added that documents had not been received for both properties owned by Phyllis Lekanides.  Atty Spillias advised that Mr. Manuel’s attorney faxed the temporary construction and easement documents and they were signed, however, it was not witnessed or notarized so he has since advised that it should be fully executed by Aug. 30, 2004 .  Atty Spillias also stated that Mr. Manuel was requesting to hold the documents in escrow because he was concerned about potential liability due to the Town’s possible lack of proper maintenance.  

Town Manager Mathis advised that another potential problem was related to the documents executed by Mr. Van Vliet.  He stated that Mr. Van Vliet executed the 10’ ROW document but he changed it to 9’.   

Atty Spillias advised that the Tropical Drive property owners were given two options to select from in order to proceed with the project in that area.  They included: a 15’ easement, a 5’ temporary construction easement, and a 10’ ROW document to quit claim the property.  He stated that many property owners executed the 10’ ROW quit claim; however, they did not execute a 5’ additional easement.  This is the case for Mr. Van Vliet, who now has changed his document to 9’, so actually the Town needs an additional 6’ from him.  Atty Spillias stated that the property owners need to be notified that the 10’ Quit Claim was intended to be partnered with a 5’ easement.  

Atty Spillias acknowledged that the Lekanides properties present a problem because they are two parcels on opposite sides of the street.  He stated that staff has devoted a lot a time explaining the issues with Ms. Lekanides, however, she still had concerns with landscaping at her property on the south side and parking concerns for the property on the north side of the street.  He added that she was advised that the landscaping would be replaced and that parking concerns were still being addressed with a possible parking permit concept system.  Atty Spillias stated that he spoke with her attorney, Gene Moore, who has since advised her that it was appropriate to execute the documents but no one has spoken to her since. Pat Kropp stated that Ms. Lekanides had indicated to her that she would not sign the documents.  Pat DeStefano asked if the Town could possibly go for eminent domain on the remainder of the properties to which Mayor Kaleel advised that the Town still hopes the issues can be resolved.           

Mayor Kaleel questioned if the decision relating to Tropical Drive could be postponed until the Sept. 7, 2004 meeting.  Lisa Tropepe, Town Engineer, advised that the bid will be advertised on Sept. 12^th and Sept. 17^th with a mandatory pre-bid meeting on Sept. 29^th.  She added that the bid opening will take place on Oct. 8^th.  She reminded the Commission that the bid includes the base bid for Woolbright with 4 alternates including: the force main from Tropical Dr. up SR A1A, the injection well, including the Coconut Lane injection well, and additional improvements that may be necessary for Coconut Lane .  

Comm Bingham questioned if Tropical Drive could be done without the documents from Ms. Lekanides to which she was advised that the project could not be done.   Ms. Tropepe stated that the box to hold the pump is 22’ wide by 50’ long and it is located more towards the middle length of the road.  Town Manager Mathis added that the waterline has to go outside of the box thus the reason for the extra 5’ needed from the Van Vliet property.   

The Commission concurred that any decision regarding Tropical Drive would be postponed until the Sept. 7^th meeting.   

As a point of information, Lisa Tropepe advised that FDOT has issued a permit for the control panel and two small generators to be located with the state ROW.  

James Bonfiglio clarified that the Tropical Drive portion of the improvements would not affect the Woolbright area to which he was advised that the Woolbright drainage would be the base bid and would not be affected.   

Gerry Magruder questioned when the Adams Dr./David Lane improvements would be starting.  Ms. Tropepe advised that it would be approximately 6 weeks before construction would commence.  

Mayor Kaleel thanked Mrs. Kropp and Mrs. Destefano for their interest and hard work in assisting the Town with the Tropical Drive efforts.  

ADJOURNMENT  

The meeting was adjourned at approximately 6:00 P.M.