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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 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 Kaleel requested to add an update regarding fire
service. Town Manager Dailey requested to add a discussion on bike
paths. Town Atty Spillias requested to add a discussion regarding
the Special Exception request. Comm Bingham requested to move item #5 and #6 from the
consent agenda and requested a report from the Town Manager regarding the League
of Cities. Town Clerk Hancsak requested to add three alarm liens to
the consent agenda. Town Atty Spillias requested to
change the wording of the November 18th Special Meeting regarding the
Special Exception to “table” and not “cancel”. He also requested to
correct the spelling of Attorney Erin Deady’s name from the December 1st
Regular Commission Meeting. Town Clerk Hancsak advised that the minutes of the November
18th meeting were amended to delete the last sentence of the 1st
paragraph of item #2. Consent Agenda
1.
Minutes of
2.
Minutes of 3. Appointment of Poll Workers
4.
Authorize Lara Donlon, Attorney from the Firm of Glen Torcivia, to Sit as
the Special
Master for the 5. Ocean Ridge Resolution No. 2004-02; Urging that the Florida Legislature that include making revisions to the Article V Bill Dealing with Prosecution of Municipal Ordinance Violations, Legislation that promotes Water Conservation Incentives for Florida’s Cities, and Annexation Reform, Particularly relating to Annexing Enclaves (Recommended by the Florida League of Cities, Inc.)
6.
Ocean Ridge Resolution No. 2004-3; Approving and Adopting the Joint
Participation
Agreement with the State of
6a. Authorize
the Mayor and Town Clerk to execute 3 alarm liens for the
Town Attorney to
record. Comm Bingham moved to accept the
consent agenda as amended, seconded by Comm Pugh. Motion carried - yea 5. Announcements and Proclamations
7.
Administrative offices will be closed for the official holiday on 8. 2004 Municipal Election
a.
Proclamation for Election Held on b. One Commission Seat for a Three Year Term
c.
Candidate filing Dates run
9.
The Planning and Zoning Commission (sitting as the Local Planning
Agency) will have Public
Hearing on Proposed Comprehensive Plan Text and Map Amendments on Town Clerk Hancsak read the
above announcements. Public Comment Jerry MaGruder, 9 Ridge Blvd.,
stated that she felt part of the problem with flooding was due to the huge homes
that are being built in Town that have no land absorption. She mentioned that
she feels something should be done with planning and zoning and the building
code in the future because she feels the large homes are causing the water to
run to the south. George Bierlin, Mr. Bierlin also asked Atty Spillias what the criteria was for publications that are disseminated in Town Hall. Atty Spillias stated that publications distributed in Town Hall are constitutional and cannot be regulated in any manner by the Town or any governmental agency so long as the material is not obscene. Atty Spillias also mentioned that there are certain space limitations that may be required but that he would have to research the matter. Comm Schulte advised that Mr. Bierlin could distribute his material in Town Hall and that further time should not be spent on discussing the issue. Donald MaGruder, Actions and Reports 10. Update on Drainage Improvements By: Dan Shalloway, SFRN, Inc. Engineer Shalloway, advised that
at the direction of the Commission a bid has been prepared for Mayor Aaskov questioned where
the generator will be located. Engineer Shalloway answered that it is not shown
on the plan, however, it will be very a small building and screened with
vegetation. He also stated that the letter modification for the grant has been
applied for with South Florida Water Management District and he is hoping to
have a response by the end of the month. Engineer Shalloway also stated that he
had a high level strategy meeting with Engineer Lisa Tropepe, Atty Kenneth
Spillias, Town Manager Dailey, to discuss extension of the grants. Atty Spillias stated that the
Town will be asking the County for an extension of the grant periods. He advised
that the Town contracts with the County who in turn contracts with DEP who have
also been notified of the requests for an extension. Atty Spillias stated that
he believes an extension will be given but he cannot say definitely at this
point that it has been. He also mentioned that a good portion of the delay is
due to the Town’s efforts to address the concerns of the adjoining property
owners which is recognized by the County and DEP as a valid reason for the
delay. Comm Bingham questioned if there were any sensitive vegetation being removed. Engineer Shalloway stated that a biologist went out to the area and did not identify any sensitive vegetation. He stated that per the direction of the Commission the better part of the hammock was identified by the biologist and they will do their best to remove the exotics and save as much of the hammock as possible. 11. Discussion
regarding letter from James Bonfiglio concerning Town Attorney Spillias advised
that a letter was received by Mr. Bonfiglio dated Mayor Aaskov stated that she was
disappointed that the matter was not handled in the negotiation process with the
Wildlife Federation. Comm Kaleel agreed with Town Atty Spillias and felt that
the Wildlife Federation had given the Town the property free and clear and did
not feel that Mr. Bonfiglio had any ownership to the land. Comm Schulte moved to direct
Town Atty Spillias to give notice to Mr. James Bonfiglio to remove the
encroachment and that the Town would pursue our property rights through Title
Insurance and enforcement and litigation, seconded by Comm Pugh. Motion carried – yea 5. 12.
Discuss Landscape Recommendations for Mayor Aaskov stated that she was
very unhappy with the landscaping on He mentioned that discussions on
what to do with Comm Bingham stated that the old
contract included fertilization twice a year and she did not feel that it has
been done. She mentioned that the construction crew working at Town Manager Dailey advised that
there will be damage during construction and the contractors are responsible for
the cost to repair any irrigation or landscaping that is damaged. Mr. Graham
stated that the sprinkler system turns on and off and each time a sprinkler head
is damaged sand is pulled in and fills the other sprinkler heads. He advised
that all of the sprinkler heads then need to be redone each time the damage
occurs. Town Manager Dailey added that the contractor has been notified that
they are responsible for the repair costs and the Certificate of Occupancy can
be held until the payment is made. Manager Dailey also stated that Blue Water
Landscaping was hired for maintenance and was directed recently by the
Commission to provide a plan to improve and upgrade Comm Pugh questioned why there
are no plants around the There was a discussion regarding
suggested vegetation and proper plantings for Comm Bingham stated that she
would like to see the leaves cleaned out of the beds, raise the sprinkler system
and improve the vegetation on Comm Kaleel stated that the
Commission had directed Mr. Graham to work on a plan and make recommendations to
improve the landscaping. He also advised that a plan needs to be agreed upon
collectively and changes need to be made since the Commission is not satisfied.
Comm Kaleel commented that he would like to hold someone responsible for the
work being done and if necessary obtain additional proposals. Comm Schulte moved to direct
Landscaper Lewis Graham and Town Manager Dailey to revise the proposal on what
needs to be done on Motion carried – yea 5. 13. Authorize
Scheduling of Interviews for Architectural Services By: Kathleen Dailey, Town
Manager Town Manager Dailey stated that
a request for qualifications from architects was sent out in April 2003 for the
building renovations to Town Hall and seven firms responded. She advised that a
review of each firm was conducted by a staff committee and the reviews and
recommendations were given to the Commission. Town Manager Dailey requested that
the Commission schedule interviews with the top three recommended architectural
firms. Comm Pugh advised that if there
is no fiscal impact then the Commission should move forward with scheduling
interviews. Comm Schulte felt that three firms may not be enough and Comm
Bingham requested that the firm Hanson Professional Services be added to the
interviews. There was a consensus to
schedule interviews with the architectural firms,
14. Discuss
Pay Off of Two Loans By: Comm Schulte Comm Schulte advised that the
Town has outstanding debt and excess finances. He stated that he conducted a
financial analysis and felt that the Town could save approximately $20,000 in
interest by paying off two small loans in advance. Town Clerk Hancsak advised that
the FY 2002/03 revenues exceeded expenditures by approximately $347,000 of which
the Commission authorized that $17,000 be placed in the Beautification Reserve
Account and $55,000 be placed in the Town Hall Renovation Reserve Account. Town
Clerk Hancsak stated that the current year budget includes $128,300 for loan
payments and even with approximately $80,000 being used out of fund balance to
pay off the two loans the fund balance will still increase. Comm Kaleel commented that the
Town is in a position to pay off the loans and felt the Town was in good
financial shape. Comm Schulte agreed. Comm Schulte moved to pay the
two smaller loans as soon as possible using the current budgeted loan payment
funds of $128,300 and approximately $80,000 out of fund balance, seconded by
Comm Kaleel. Motion carried - yea 5.
15. Discuss
Beach Cleaning By: Mayor Aaskov Mayor Aaskov advised that the
Garden Club is abandoning the monthly volunteer clean up due to a lack of
interest and is requesting that the Town look into professional beach cleaning
service. Town Manager Dailey stated that
a proposal was given to the Town in March 2002 from Universal Beach Services.
She advised that the annual cost for the services to handle just the Town areas
was proposed at $48,000 and the cost for the entire two miles of beach twice per
week was estimated at $120,000. Mayor Aaskov stated that she was
not pushing to spending unbudgeted funds. Comm Schulte agreed and also
questioned if the cleaning company removes the trash or buries it in the sand.
Comm Kaleel suggested that letters be sent to the homeowners advising that the
Town is considering contracting beach cleaning services for the entire beach. He
stated that the residents can be given what the proportionate share of the cost
would be and see if there are responses of interest in participating. Comm
Bingham commented that she was not in favor of the Town funding beach cleaning
because most of the trash in public areas is washed in and out with the tides
and other trash is in the vegetation on private property. Marjorie Miley, There was a consensus to send
letters to homeowners to determine if there is interest in a professional beach
cleaning service with a proportionate share of the cost being paid by the
residents on an annual basis and to investigate if the trash is removed by the
company or buried on the beach.
16. Discuss
Placement of Two Remaining Garbage Receptacles By: Comm
Bingham Comm Bingham advised that nine
trash receptacles were purchased and the Town only has seven beach crossovers.
She requested that the Commission determine where the remaining two receptacles
should be placed and suggested possibly at Town Hall. Comm Bingham stated that
there will be a cost to move the receptacles and questioned if Director Hillery
or the Town Manager Dailey are receiving bids from contractors. Mayor Aaskov also agreed that
the remaining two receptacles should be kept for the Town Hall and also felt
that the Garden Club should pay for part of the cost to place the receptacles at
their locations. Town Manager Dailey commented
that the purchase of trash receptacles has been an item before the Commission
for several years and advised that bids are being obtained from a company that
will probably be doing the placement which should not be too expensive. Town
Manager Dailey stated that it is an administrative function that can be taken
care of as long as staff is given the authority to move ahead. Comm Kaleel moved that seven
receptacles be placed at the seven Town beach crossover locations and the
remaining two be kept at Town Hall, seconded by Comm Schulte. Motion carried - yea 5.
17. Comm
Kaleel requested to add an update regarding Fire Service Comm Kaleel stated that the Town
is negotiating a 15 to 20 year contract at a starting base cost of $655,000 with
an annual CPI increase. He advised that the net budget effect would be
approximately $400,000 to $420,000 for the first year and then cap CPI. Comm
Kaleel mentioned that the contract would include Fire and Emergency Medical
Services and also advised that the City of Director Hillery questioned if
he could plan on Fire service being contracted out by October 2004 and begin
working on selling the fire equipment. There was a consensus by the
Commission that Director Hillery could pursue selling the fire equipment and the
contract could be reviewed by Atty Spillias when received.
18. Town
Manager Dailey requested to add a discussion regarding the widening of A1A by the
FL Department of Transportation Town Manager Dailey stated that
she received an e-mail from Tony Dresher of FDOT who advised that the Palm Beach
County MPO was requesting a meeting with the Town to consider a 5’ shoulder
being put in the right-of-ways where available. Comm Kaleel felt that there was
no reason for a meeting and felt the Town should advise that the Town has
already reconfirmed their position taken in 1998 unless there are dramatic
changes and a survey provided. Comm Schulte agreed and felt the Commission
should not meet with the MPO. Mayor Aaskov commented that she felt it would be odd to go with a 3’ shoulder in Ocean Ridge if Manalapan and Gulfstream do not do the same. There was a consensus that the
Commission should reiterate their position from 1998 and September 2003 and they
see no reason to change.
19. Town
Attorney Spillias requested to add a discussion regarding the Special Exception
request Atty Spillias stated that the
Planning and Zoning Commission recommended against approval of the request for
Special Exception and the matter has been tabled based on concerns if the Land
Development Code allows for a Special Exception in that Zoning District. Atty
Spillias stated that the Town will be starting the process for Comprehensive
Plan and Land Use Amendments to put the Town in a position to rezone the
Woolbright property to Public Ownership. Atty Spillias requested that the
Commission reschedule and add the request for Special Exception to the January
26th transmittal meeting to consider the Comprehensive Plan
Amendments. He advised that it will be presented as modified based on
discussions with the adjoining land owners and added that a letter modification
has been submitted to the South Florida Water Management District. Atty Spillias
mentioned that the changes to the Comprehensive Plan are minor from a land use
standpoint and will be heard by the Planning and Zoning Commission on Comm Schulte moved to reschedule
the request for Special Exception Hearing on Motion carried - yea 5.
20. Comm
Bingham requested an explanation of the request by the Florida
League of Cities to
Adopt Resolution 2004-02 Town Manager Dailey advised that
the Florida League of Cities has asked municipalities to adopt the Leagues’
three priority issues this year. She explained that the first is a bill dealing
with prosecution of municipal ordinance violations that give cities more leeway
on how to recover fines. She stated the second was legislation that promotes
water conservation for Comm Kaleel moved to adopt
Resolution 2004-02, seconded by Comm Schulte. Motion carried - yea 5.
21. Comm
Bingham requested an explanation of the request to adopt
resolution 2004-03
Approving and Adopting the Joint Participation Agreement with the State of
Florida Dept. of
Transportation Town Manager Dailey explained
that the resolution is an agreement that the State will be funding $235,830
towards the stormwater project as their determined portion because their
right-of-way along S.R. A1A affects the drainage project. Town Manager Dailey
advised that the agreement continues to be in affect and is binding until the
project is completed or by Comm Kaleel moved to adopt
Resolution 2004-03, seconded by Comm Pugh. Motion carried - yea 5. Adjournment Meeting
adjourned at 8:35 PM
___________________________
___________________________ Commissioner Bingham Attest By: ___________________________ ________________________ Commissioner Kaleel Town Clerk
Commissioner Pugh ___________________________ Commissioner Schulte |
