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Town Commission Meeting of the Town of Ocean Ridge held on Monday, February 2, 2004 at 6:30 PM in the Town Hall Meeting Chambers

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  

Comm Pugh requested to change the wording in the minutes of pg. 5, paragraph 4, to read “if” the area could be mounted up.  

Mayor Aaskov requested to add a discussion regarding the widening of A1A.  

Comm Bingham requested to move item #3 after the consent agenda.  

Consent Agenda  

            1.         Minutes of Town Commission Meeting of January 5, 2004

            2.         Approval of Annual Audit for Fiscal Year 2002/2003 Prepared by Bob                                                Rives & Company By: Karen E. Hancsak, Town Clerk           

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

Motion carried - yea 5.  

            3.         Ocean Ridge Resolution No. 2004-06; Adopting and Authorizing the Execution of the                            Interlocal Agreement for Municipal Recycling and Grant Management  

Comm Bingham stated that Waste Management is working in Town and making loud noise before 8:00 am . Town Clerk Hancsak clarified that the resolution was with the Solid Waste Authority for recycling and not related to Waste Management for garbage pick-up. Town Manager Dailey advised that the Interlocal Agreement with Palm Beach County is an agreement to support the efforts of recycling pick-up in Town. Comm Bingham questioned if residents could be fined for failing to recycle. Town Attorney Spillias advised that there is no law enforcing recycling and the Town and County are trying to educate residents of the proper recycling procedures.  

Comm Kaleel moved to approve resolution 2004-06, seconded by Comm Pugh.  

Motion carried - yea 5.

Announcements and Proclamations  

            4.         Administrative offices will be closed for the official holiday on Monday February                         16, 2004

            5.         2004 Municipal Election

                        a.         February 10, 2004

                        b.         One Commissioner for a three year term

                        c.         Polls will be open at 7:00 AM – 7:00 PM

            6.         Proclamation Declaring February 22 – 28, 2004 as Engineers Week

            7.         Financial Summary By: Karen E. Hancsak, Town Clerk  

Town Clerk Hancsak advised that at year end the Town had $3,746,673 in cash or investments which was slightly more than last year’s $3,476,471. She added that several encumbrances totaling $25,550 once expended will reduce that amount and in reality will be $244,652 more than last year’s cash or investment. Town Clerk Hancsak stated that the debt at year end was $1,016,649 (without the final portion of the pre-construction loan), however, the Town paid off the $353,361 for the two smaller loans in Jan. 2004. She explained that if the total debt of $830,798 was totally paid off the Town would still have an approximate $2,000,000 in Fund Balance (this includes monies earmarked for Town Hall renovation, self insurance, or beautification that may or may not be utilized for that specific purpose). Town Clerk Hancsak advised that the fund balance of $2,316,775, which does not include earmarked funds, increased from last year’s $2,272,679 by $44,096. She mentioned that the Capital Projects Fund fund balance of $689,225 decreased from $744,889 and that the McGinty CD compromises approximately $56,000. Town Clerk Hancsak stated that the remainder is anticipated to be utilized for drainage and other capital project purposes and includes two pre-construction loan installments already received. She advised that the total revenues received was $3,025,210 and the actual expenditures totaled $2,649,761. Town Clerk Hancsak also stated that only the legal account and sanitation account exceeded the budget due to unanticipated special counsel costs and increased dumpster fees. Town Clerk Hancsak concluded that the Town did not utilize any of the $206,255 unappropriated budgeted monies in this years budget.  

Comm Schulte thanked Mr. Rives and questioned if a decision regarding the GO Bond pay off would need to be made in March. Town Clerk Hancsak advised that the loan company would need to be notified and it may not be available for the March meeting.  

Public Comment  

Lynn Allison, 6260 N Ocean Blvd., introduced herself and mentioned that she has been an Ocean Ridge resident for five and a half years. Ms. Allison also stated that she was a candidate for the Town Commissioner seat for the February 10, 2004 election.  

Haley Joyce, 133 Island Dr. , stated that she has been a resident for 10 years and was disappointed that the Women’s League of Voters forum was cancelled because she felt it would be a good opportunity to hear from the candidates. Mrs. Joyce also stated that it would be beneficial if a debate or meeting could still be arranged with the candidates to better inform the residents and voters.  

Jerry Magruder, 9 Ridge Blvd. , advised that she has been a resident of Ocean Ridge since 1986 and has attended almost every Town Meeting and is aware of every Town issue. Mrs. Magruder stated that residents must come to the Town meetings to know what the issues are.  

Philip Barlage, 35 Anna Street , stated that he has served on the Board of Adjustment for three terms and has supported Mayor Aaskov in the past. Mr. Barlage mentioned that he wanted to work with the Women’s League of Voters because he felt it would benefit the Town. He said that the forum was scheduled because he believed Mayor Aaskov would be participating and felt it was unfortunate that the forum will not be held. Mayor Aaskov commented that she spoke to Mr. Barlage regarding the Women’s League of Voters but did not commit to a date. She stated that she had prior obligations and did not know the forum date until she received the letter from Mr. Barlage.  

Richard Lucibella, 5 Beachway N., stated it was distasteful to have a political rally during a Commission meeting. Mr. Lucibella also mentioned that Mayor Aaskov did not know the date of the Women’s League of Voters forum and felt the issue was a misunderstanding.  

Actions and Reports  

            8.         Authorize Adoption of e-mail policy By: Kathleen Dailey, Town Manager  

Town Manager Dailey stated that staff was directed to research how other municipalities handle the issue of electronic e-mail to elected officials and come back with a proposed formal policy to cover all electronic mail received by the Town. Manager Dailey mentioned that all the policies in general covered the areas of public record, record retention, prohibited activities, personal use and distribution. She stated that Town Attorney Spillias recommended a policy that covers these topics in a simple format and staff recommends adoption of the proposed e-mail policy.  

Comm Schulte advised that the wording in the policy of “should” be distributed, be changed to “will” be distributed. Comm Kaleel asked if senders are required to disclose their full name in an e-mail. Atty Spillias stated that the 1^st Amendment protects the public right to express political opinions anonymously. Atty Spillias also advised that if anything is received that is obscene the Director of Public Safety should be notified immediately. Director Hillery commented that requests for blueprints of the Town Hall and Public Safety infrastructure cannot be released and there are limits to public requests.  

Comm Bingham moved to adopt the proposed e-mail policy with the change in wording to “will” be distributed, seconded by Comm Schulte.  

Motion carried - yea 5.  

            9.         Report regarding Bonfiglio Encroachment on Towns’ Woolbright Property By:                          Kenneth Spillias, Town Attorney  

Atty Spillias stated that at the January Commission meeting he was directed to research if there was a Title Policy and to send a notice to Mr. Bonfiglio to remove the encroachment. He stated there was no Title Insurance for the land donation.

Atty Spillias advised that he received a letter from James Bonfiglio and his Attorney Marty Perry requesting to postpone the notice to remove the encroachment and to allow him time to present an offer to the Town that would be fair and amicable.  

James Bonfiglio, 5616 N Ocean Blvd. , stated that it will take a few days to meet with his attorney and work out the specifics of the proposal. He advised that he should have an offer ready prior to the next Town Commission meeting.  

There was a consensus not to send a notice to remove the encroachment to Mr. Bonfiglio as long as a letter is received 10 days prior to the March meeting.  

            10.       Authorize Beach Cleaning to be Performed by the Boy Scouts of America/Waste                         Management By: Kathleen Dailey, Town Manager  

Town Manager Dailey stated that Waste Management, the Town’s contractor for garbage services, partners with Boy Scouts of America to perform beach cleaning for coastal communities. She mentioned that they have proposed to do a beach clean-up in the Town of Ocean Ridge as a community service project which earns the Scouts service patches. Manager Dailey advised that Waste Management provides the supplies, including dumpsters, bags, gloves, refreshments and an after-clean-up party and the Boy Scouts are fully insured for such projects. She also mentioned that the Commission would be kept informed of the dates of the clean-up that would be arranged by the Town Manager and Waste Management.  

Comm Bingham suggested that the service patches be given to the Scouts by the Town Mayor.  

Comm Kaleel moved to allow the Boy Scouts of America/Waste Management to perform beach clean-up with a formal indemnity provided, seconded by Comm Schulte.  

Motion carried - yea 5.  

            11.       Approval of Contract for Stormwater and Roadway Improvements for Hudson                                                Ave. By: Kathleen Dailey, Town Manager  

Town Manager Dailey stated that the Town advertised for bid proposals for the Hudson Avenue Phase of the stormwater drainage project on January 4^th and 11^th. She advised that on January 20^th , the staff had a mandatory pre-bid meeting with six contractors who were interested in submitting bids for the project.  

Town Engineer Tropepe advised that the bids were reviewed and Chaz Equipment Company was the low bidder at $683,176.50. She mentioned that her firm, SFRN, has worked with Chaz in the past and felt they did an excellent job. Engineer Tropepe requested that Chaz Equipment Co. be awarded the Hudson Avenue contract for $683,176.50 plus a 20% contingency for possible construction changes in the field. She also stated that Boynton Beach Utilities has recommended replacing a utility line that contains asbestos which would still be in line with the $800,000.00 estimated cost. Town Manager Dailey added that the 20% contingency would also include an additional fire hydrant.  

Comm Pugh questioned why the pipe containing asbestos was just recently discovered. Engineer Tropepe stated that the City of Boynton Beach was not positive in the past and did not want to dig up the pipe and expose asbestos. She advised that since the road is being improved the pipe should be replaced.  

Mayor Aaskov questioned why the least expensive bidder was being recommended. Engineer Tropepe advised that all of the documents were researched and reference calls were made. She stated that it appears the most qualified was the lowest bidder. Atty Spillias stated that if there are significant changes while the contract is being prepared it can be brought back to the Commission.  

Comm Kaleel moved to adopt Resolution 2004-07, approving the contract with Chaz Equipment Company subject to final signatures, seconded by Comm Schulte.  

Motion carried - yea 5.  

Resolutions  

            12.       Ocean Ridge No. 2004-04; Granting the Town a Special Exception to allow a                                          Park/Detention Area in a Preservation Zoning District  

Atty Spillias stated that at the January 26, 2004 special meeting the Commission approved the Town’s request for a special exception to allow, with conditions, the use of the Town’s Woolbright/A1A property as a park and detention area. He advised that a resolution including all of the conditions of approval has been prepared and is being presented to the Commission for adoption and ratification of its decision.  

James Bonfiglio stated that he has the transcripts of the planning and zoning meetings from January 12^th and 26^th and wanted to submit them as part of the record to preserve the objections of the homeowners. Comm Kaleel advised that he does not have a problem preserving the objections but the Commission has not read the transcripts and may not agree with what they contain.  

Comm Schulte moved to adopt Resolution No. 2004-04, seconded by Comm Bingham.  

Motion carried - yea 5.  

            13.       Ocean Ridge No. 2004-05; Authorizing Execution of Amendment 1 to the Clean                         Water State Revolving Fund Loan Agreement SWG12073004P Between the State                          of Florida Dept. of Environmental Protection and the Town for the Purpose of                          Financing of Construction Activities for Stormwater Pollution Control Facilities  

Town Clerk Hancsak read the above Resolution.  

Comm Kaleel moved to adopt Resolution No. 2004-05, seconded by Comm Pugh.  

Motion carried - yea 5.

            14.       Mayor Aaskov requested to add a discussion regarding the widening of A1A  

Mayor Aaskov suggested that the Commission consider directing the Planning and Zoning Commission review the proposed surveys of A1A from Dept. of Transportation and make their recommendations. Comm Kaleel said that he has spoken personally with FDOT and nothing has changed since 1998. He stated that he feels the Commission should wait and see what FDOT’s proposal will be before sending it to Planning and Zoning. Comm Schulte questioned when FDOT would be presenting a proposal to the Town. Comm Kaleel advised that a proposal should be ready by late Spring or early Summer and mentioned that sending P&Z to review and make recommendations without the proposal from FDOT would confuse the issue. Comm Schulte felt that P&Z’s review would be beneficial and prepare the Commission.  

Public Comment  

David Lundquist, 6277 N Ocean Blvd. , stated that he spent a lot of time with the Town and State and feels the Town has made a commitment to widen A1A where possible. Mr. Lundquist felt that the State was giving the Town the option of 3’ or 5’ and thought there should be other options. Comm Kaleel stated the Town should wait and see what FDOT will be proposing before making any decisions. Mr. Lundquist mentioned that he is concerned with the Town being on record as in favor of widening A1A.  

Bruce Gimmy, 12 Ocean Avenue , stated that for P&Z to review and make recommendations they would need to see FDOT’s proposed plan.  

Comm Kaleel moved to direct the Planning and Zoning Commission review the proposal when received from FDOT and make recommendations to the Commission, seconded by Comm Pugh.  

Motion carried - yea 5.  

Adjournment  

Meeting adjourned at 7:40 PM