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Town Commission Meeting of the Town of Ocean Ridge held on Monday, January 5, 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 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 18^th 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 1^st Regular Commission Meeting.  

Town Clerk Hancsak advised that the minutes of the November 18^th meeting were amended to delete the last sentence of the 1^st paragraph of item #2.  

Consent Agenda  

            1.         Minutes of Special Town Commission Meeting of Nov. 18, 2003

            2.         Minutes of Regular Town Commission Meeting of Dec. 1, 2003

            3.         Appointment of Poll Workers

            4.         Authorize Lara Donlon, Attorney from the Firm of Glen Torcivia, to Sit as the Special                            Master for the January 6, 2004 Code Enforcement Hearing

            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 Florida Dept. of Transportation

            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 Monday, January 19, 2004

            8.         2004 Municipal Election

                        a.         Proclamation for Election Held on February 10, 2004

                        b.         One Commission Seat for a Three Year Term

                        c.         Candidate filing Dates run Dec. 23, 2003 through 3:00 PM on Jan. 16, 2004

            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 Monday,                             January 12, 2004 at 5:30 PM  

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, 26 Hudson Ave. , commented that his wife, Ellen Bierlin, was not present but she felt that the encroachment of concrete road delineators on the north east corner of Old Ocean and Corrine Street are obscene and unsafe. Mayor Aaskov advised that the staff has taken notice and will look into the matter.  

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, 9 Ridge Blvd , commented that the Department of Transportation has not completed the repairs to the Boynton Beach Inlet and distributed photographs showing the unpaved, uncurbed and un-side walked areas. Comm Kaleel commented that the Department of Transportation is not allowing work to go on right now. He stated that the Inlet is controlled by four separate entities, Manalapan, Ocean Ridge, Boynton Beach and Department of Environmental Protection, and it is difficult to get things done, however, they are pursuing several different matters concerning the Inlet area.

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 Hudson Avenue . He stated that they are available for pick-up and are due back on January 30, 2004 . Engineer Shalloway mentioned that the evaluations will be ready by the February 2^nd Regular Commission Meeting, however, the Commission will not have an opportunity to review the evaluations before then. Mayor Aaskov suggested that the evaluations be added to the Regular Commission Meeting in February and if the Commission decides that a Special Meeting is needed one can be scheduled then. Engineer Shalloway also stated that a plan was prepared of what the retention/detention area would look like and distributed the pictures. He advised that the buffer is shown around the entire area, the bottom is shown raised and planted with a ground cover material that would survive being under water for several days at a time during rainfall and also be able to be dry again after the rain. Engineer Shalloway stated that there is time to decide on the mulching, paving and vegetation and that the permitting is only concerned with the rain in the bottom and saving the majority of the hammock area.  

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 Woolbright Rd. encroachment and request for Commission Direction By: Kenneth Spillias, Town Attorney  

Town Attorney Spillias advised that a letter was received by Mr. Bonfiglio dated December 10, 2003 to the Town which makes certain representation and claims to property that is owned by the Town. He explained that the property is located at Woolbright site and was previously owned by the National Wildlife Federation. Atty Spillias stated that in 1995 the National Wildlife Federation and Mr. Bonfiglio came to an understanding that a deck that Mr. Bonfiglio had built had encroached on the Wildlife Federation property. He advised that a letter agreement was made between those two parties that Mr. Bonfiglio claims gives him contractual right to the property. Atty Spillias stated that the Town received the land in 1998 from the Wildlife Federation and that the deed lists the entire property including the portion of the property that Mr. Bonfiglio’s deck is encroaching upon. He mentioned that Wildlife Federation’s agreement with Mr. Bonfiglio gave him a revocable license allowing him to keep the deck so long as the Wildlife Federation allowed it and that it was not an easement or any ownership rights. Atty Spillias stated that the letter by Mr. Bonfiglio contained reference to anticipated litigation over the future plans for the Woolbright site and that Mr. Bonfiglio is now publicly stating that he owns the property. Atty Spillias advised that it is incumbent on the Commission to establish our rights to the property and not to allow claims of ownership to go unanswered. Atty Spillias recommended that the Town provide a letter notice to Mr. Bonfiglio to remove the encroachment failing which the Town Commission authorize or direct the Town Attorney to initiate the necessary action to have the encroachment removed.  

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 Ocean Avenue By: Lewis Graham, Town Landscaper, Blue Water Landscape and Lake Management  

Mayor Aaskov stated that she was very unhappy with the landscaping on Ocean Avenue and around the Town signs at Turtle Beach . She advised that the fertilization and weeding was not being done properly and the appearance was disgraceful. Town Landscaper Graham stated that the financial increase was received a couple of months ago and that the first cycle of fertilization was missed.

He mentioned that discussions on what to do with Ocean Avenue have been ongoing and he is waiting for direction from the Commission on what they would like to do in the area. Mayor Aaskov stated that she would like to see a lot of improvement in the next thirty days and questioned when the fertilizing was done. Mr. Graham stated that the contract he took over for landscaping in 2002 did not include several things that are needed in Town including fertilizing and irrigation improvements. He advised that he completed a plan of recommendations to improve the landscaping which include elevating the total sprinkler system at an approximate cost of $5,000 to $6,000. Mayor Aaskov advised Mr. Graham that he should discuss the recommendations with Town Manager Dailey and if she feels that there are cost concerns she can bring the issue to the Commission.  

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 14 Ocean Ave have run over and broken the sprinkler heads several times. Comm Bingham felt that the contractor should be responsible for the cost to repair the damage. Mr. Graham advised that the construction site is an ongoing problem and he has repaired the sprinklers several times. He stated that Director Hillery advised that the contractors will be given the final invoice for the repairs.

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 Ocean Avenue . She advised that the recommendations are being presented for the complete project including proper plants and irrigation for the area.  

Comm Pugh questioned why there are no plants around the Turtle Beach signs. Mr. Graham stated that the Town does not control the sprinkler system at Turtle Beach and the sprinkler system being used now is drowning the vegetation. Comm Pugh questioned of the ground could be mounded up to assist with the irrigation. Mr. Graham answered that the vegetation could be changed to plants that will do well with water system.  

There was a discussion regarding suggested vegetation and proper plantings for Ocean Avenue and around the Turtle Beach signs.  

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 Ocean Avenue . Mr. Graham stated that smaller beds and fewer plants need to be used. He also mentioned that there needs to be sod and grass at the bottom of the hill to hold the water runoff at the sidewalk and the sprinklers need to be elevated. Mr. Graham suggested that the trees on Ocean Ave be cut back to help assist with reducing the seed droppings.  

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 Ocean Ave and any other sites for plants that suit the area, seconded by Comm Kaleel.  

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, Digby Bridges , Marsh & Accoc., Robert Walters Architects, BEA International and Hanson Professional Services, in February.  

            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, 6057 Old Ocean Blvd. , advised that she pays for professional beach cleaning at a cost of $100 per month with Universal Beach Services. She also mentioned that other property owners are already paying for beach cleaning and might be interested in participating in a program with the Town.  

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 Boynton Beach is building a new fire station located south of Woolbright Rd that would service Ocean Ridge. Comm Kaleel also stated that the Town of Ocean Ridge could not financially provide the services required by Palm Beach County and felt that the City of Boynton Beach was the most appropriate agency to provide Fire and EMS services.  

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 26^th 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 January 12, 2004 with the Town Commission making a final decision. Atty Spillias felt that it would be beneficial to move forward with the Comprehensive Plan Amendment as well as the request for Special Exception as the Town continues to deal with the County and State on funding issues.

Comm Schulte moved to reschedule the request for Special Exception Hearing on January 26, 2004 at 5:00pm , seconded by Comm Pugh.  

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 Florida cities and the third was an annexation reform issue relating to annexing enclaves throughout the state. Manager Dailey mentioned that the League is asking for the municipalities to support these issues at the State level.  

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 April 30, 2006 , whichever occurs first. Town Atty Spillias added that the Town will be funding the project and the State will be reimbursing the Town.  

Comm Kaleel moved to adopt Resolution 2004-03, seconded by Comm Pugh.  

Motion carried - yea 5.  

Adjournment  

Meeting adjourned at 8:35 PM  

                                                                                                                                                            ___________________________

                                                                                   Mayor Aaskov

                                                                                                                                                            ___________________________

                                                                                                                Commissioner Bingham

Attest By:                                                                                                                                                                                                                                     ___________________________

________________________                                                                Commissioner Kaleel

Town Clerk                                                                                                                                                                                                                                                                                                                                         

                                                                                                                Commissioner Pugh

                                                                                                                                                            ___________________________

                                                                                                                Commissioner Schulte