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Town Commission Meeting of the Town of Ocean Ridge held on Tuesday, July 6, 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 Allison               Commissioner Bingham

Commissioner Pugh               Commissioner Schulte

Mayor Kaleel  

Pledge of Allegiance  

Additions, Deletions, Modifications and Approval of Agenda  

Mayor Kaleel requested to table item #12 regarding the Town Manager Selection Process and all agreed.  

There was a consensus to table item #14 regarding the selection of an Architectural Firm for Design of Town Hall until after the budget was complete.  

Comm Bingham requested to change the minutes from the June 7^th Regular Meeting to read that she was not upset with the Spanish Bay project but the land development code states 5 units per gross acre and that the Commission should address how the land area is calculated in the future.  

Mayor Kaleel requested that item #15 regarding the Waste Management Contract be moved to 5a.  

Consent Agenda  

1.         Minutes of Regular Town Commission Meeting of June 7, 2004

2.         Ocean Ridge Resolution No. 2004-14; Opposing the Strong Mayor Initiative for Palm Beach County

3.         Ocean Ridge Resolution No. 2004-16; Approving the Contract for the Zoning/Building Official                Duties with Hy-Byrd, Inc. for a one year period

4.         Authorize Appointment of D. Bill Mathis as the Alternate Member of the South Lake Worth Inlet Advisory Committee By: Bill Mathis, Town Manager  

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

Motion carried - yea 5.  

Announcements and Proclamations  

5.         The Proposed FY 2004/05 Budget/Adopt Proposed Millage Meeting will be held on Tuesday, July                27, 2004 at 8:00 AM

Town Clerk Hancsak read the above announcement.  

At this time Mayor Kaleel presented plaques to former Planning & Zoning member Peggy Smith and former Planning & Zoning and Board of Adjustment member Earl Jones. Mayor Kaleel thanked them for there service to the boards and community.

Comm Allison commented that Ocean Ridge resident Meg Mallon had recently won a woman’s golf tournament and Town Clerk Hancsak advised that she would prepare a proclamation for August.  

Public Comment  

There was no public comment.  

Resolutions  

5a.       Resolution No. 2004-16: Adoption of Renewal Contract with Waste Management of Palm Beach                County to Provide Collection of Garbage and Trash  

Town Atty Spillias advised that there are new suggestions with the contract raised by Waste Management that need to be addressed and requested to bring the item back at the August Commission Meeting.  

Comm Bingham requested that the work hours for trucks entering town for pick-up be addressed in the contract and also questioned whether the Town can permit only one contractor for roll off containers.  

PUBLIC HEARINGS  

Comm Schulte moved to proceed with item #7 to allow time for copies of the exhibits to be distributed for item #6, seconded by Comm Bingham.  

Motion carried - yea 5.  

            7.         Notice of 2^nd Public Hearing and Adoption of Ordinance 545 and Ordinace 546 on                            proposed Rezoning, Small Scale Comprehensive Plan Amendment

                        NOTICE IS HEREBY GIVEN, pursuant to Chapters 144 and 163, Florida Statutes, and                            the Town’s Land Development Code, that the Town Commission of the Town of Ocean                            Ridge, Florida, will hold a 2^ND PUBLIC HEARING on a recommendation to the Town                            Commission regarding proposals submitted by Spanish Bay Development, LLC, for                          a rezoning and an amendment to the Town’s Future Land Use Map through the following                             ordinances:

ORDINANCE NO.545

AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF OCEAN RIDGE, FLORIDA, AUTHORIZING THE REVISION OF THE FUTURE LAND USE MAP (FLUM) TO AMEND THE DESIGNATION OF THE FOLLOWING PARCEL OF LAND FROM SINGLE FAMILY RESIDENCE TO MULTI-FAMILY RESIDENCE: A 1.35-ACRE PARCEL OF PROPERTY LOCATED TO THE WEST OF THE WESTERN BOUNDARY OF SPANISH CREEK AT THE PROPERTY KNOWN AS SPANISH BAY, WHICH IS COMPRISED OF THE PROPERTY LOCATED AT 6460 THROUGH 6490 NORTH OCEAN BOULEVARD AND AN ADJACENT UN-NUMBERED PARCEL WEST OF NORTH OCEAN BOULEVARD, AND PROVIDING AN EFFECTIVE DATE.  

ORDINANCE NO.546

AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF OCEAN RIDGE, FLORIDA, AUTHORIZING THE REZONING FROM THE SINGLE-FAMILY RESIDENTIAL DISTRICT (RSF) TO THE MULTIPLE FAMILY RESIDENTIAL DISTRICT (RMM) OF A 1.35-ACRE PARCEL OF PROPERTY LOCATED TO THE WEST OF THE WESTERN BOUNDARY OF SPANISH CREEK AT THE PROPERTY KNOWN AS SPANISH BAY, WHICH IS COMPRISED OF THE PROPERTY LOCATED AT 6460 THROUGH 6490 NORTH OCEAN BOULEVARD AND AN ADJACENT UN-NUMBERED PARCEL WEST OF NORTH OCEAN BOULEVARD, AND PROVIDING AN EFFECTIVE DATE.

Atty Erin Deady, Lewis, Longman & Walker, advised that because the area was less than 10 acres, Ordinance 545 could be done as a Small Scale Comprehensive Plan Amendment and that Ordinance 546 for a rezoning from RSF to RMM would consist of an amendment and map designation.  

Comm Schulte moved to approve Ordinance 545 and Ordinance 546 on second reading and adoption, seconded by Comm Pugh.

Motion carried - yea 5.

Comm Schulte questioned if the Commission would still have the ability to negotiate the location of the sewage treatment plant. Atty Spillias advised that it could be done as a site plan modification.  

            6.         An application request from V & O Island Properties, LLC, 5582 N Ocean Blvd., Ocean                            Ridge, FL 33435 and the Ocean Ridge Yacht Club Homeowners Association, Inc., 5600 N                            Ocean Blvd., Ocean Ridge FL 33435 requesting a public hearing regarding the provisions of                            the Land Development code at Chapter 63; General and Administrative Provisions, Article                            4;Site Plan Review Procedures, Section 63-54; Major Development Application and Site Plan                         Requirements and Section 63-74; Modification of Town Commission conditions of                            Approval, and Chapter 64; Zoning, Article 5; Subdivisions; Sections 64-100 through                            64-105 pertaining to replatting requirements.  The request is for a Site Plan Modification to                            annex in a .56 acre parcel located south of Chickasaw St. and west of Crown Colony into                            the existing 9.48 acre Ocean Ridge Yacht Club to construct six townhouses.

                        The request also includes approving Resolution No. 2004-10; Evidencing its intent to vacate                            and abandon its interest in the unimproved thirty (30) foot wide, Chickasaw Avenue platted                            right of way located on the property within the Town of Ocean Ridge situated north of Lots                            1,9,10, 11 and 12 of Briny Breezes Addition No. 2 Plat recorded in Plat Book 14, Page 62;                            the right of way is located generally between Ocean Ridge Yacht Club and Crown Colony in                            the 5500-5600 block of SR A1A. (CONTINUED FROM APRIL 6 AND MAY 3, 2004 )  

Atty Spillias advised that the site plan was conceptually approved and the Public Comment was held at the June Commission Meeting and now the applicants are requesting approval of the requested documents.  

Atty Greg Young, Edwards & Angell, representing V&O Properties, LLC., explained the details of the exhibits presented to the Commission. He explained that the applicants will have an obligation to maintain the linear park and the landscaping.  

Mayor Kaleel suggested that an appendage be added in the documentation to include that the transition area with the one parking space and entrance to the linear park be maintained by the applicants. He also requested that the construction of the park begin before the project.  

Comm Schulte moved to approve Resolution 2004-10 and the Tri-Party Agreement with a revision to section 3 to include an appendage that the applicants will be responsible to maintain the linear park, the transition area and entrance to the linear park and also that the construction of the park be started before the project, seconded by Comm Pugh.  

Motion carried - yea 5.  

Reports  

            8.         Town Manager  

Town Manager Mathis advised that 11 dead trees on Old Ocean Blvd and 3 dead trees on the north end near the Town entrance had been removed. He mentioned that staff is researching options to replace some of the trees including possible grants.  

Manager Mathis gave an update on the stormwater drainage project on Hudson Avenue and the South Phase. He also stated that easement documents for Tropical Drive were distributed some months ago to the property owners on the street and only 7 of the 15 easements had been received back. Manager Mathis mentioned that staff is hoping that the remainder of the property owners will sign the easements quickly in order not to delay the project any longer. 

Manager Mathis mentioned that at the MPO meeting the vote was 7 to 4 to have a 3 foot shoulder through Town as was agreed to. Mayor Kaleel clarified that the vote was based on the City of Delray Beach and added that he hopes they will continue with the agreements with the other Towns.  

            9.         Town Attorney  

Atty Spillias stated that the Department of Environmental Protection executed an amendment to extend the grant and it was forwarded to the Governor’s office and that an answer should be received in August.  

            10.       Director Hillery  

Director Hillery stated that the Ocean Avenue bridge is now scheduled to be raised on the hour and half hour and the Woolbright bridge is raised on demand.  

            11.       Town Engineer  

Engineer Tropepe stated that the DEP permits are in hand for the South Phase and she hopes to go out to bid in September. She added that the Tropical Dr. easements are necessary in order to move ahead and the project is stuck in limbo until the documents are signed.  

Engineer Tropepe advised that the Hudson project should be completed in a couple of months and she is looking into the possibility of “piggy-backing” on the contract with Chaz Equipment for the David Lane and Adams Road project which could possibly save on bidding and mobilization costs.  

            13.       Approval of Health Insurance Renewal By: Bill Mathis, Town Manager  

Town Manager Mathis advised that the health insurance renewal with the existing Blue Cross Blue Shield HMO plan 8 was an increase of 9.4%. He mentioned that the employees requested that the Town renew with another HMO plan 22 also provided by BCBS which offers better benefits and would be an additional cost of approximately $6,700.  

Comm Schulte moved to approve the health insurance renewal with Blue Cross Blue Shield HMO plan 22, seconded by Comm Bingham.  

Motion carried - yea 5.

Resolutions  

            16.       Resolution No. 2004-17; Expressing the Commitment of the Town to Attain and Comply                            with Minimum Fire-Rescue Level of Service Standards  

Comm Schulte moved to approve Resolution 2004-17, seconded by Comm Allison.  

Motion carried - yea 5.  

First Reading of Ordinances  

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

Comm Bingham stated the RMM District has 40% lot coverage and the RSF District has 35% lot coverage. She felt that the RMM District needs restrictions because provisions have been given that are misused to increase density and suggested making the land coverage smaller.  

Greg Young, 15 Hudson Avenue , was in favor of increasing the height and stated that the increase improves the architectural value and appearance and could also add tax value to the buildings.  

Matthew O’Conner, 1055 Bal Harbour Dr , Delray Beach , commented that increasing the height allows more volume for the ceilings.  

Jerry Magruder, 9 Ridge Blvd. , felt that the height should not be increased. She stated that there was not much land left in Ocean Ridge and the greenery and breezes were being taken away by the larger buildings.  

Ernest Varvarikos, 5582A N Ocean Blvd. , was in favor of increasing the height and felt the multi-family dwellings should have the same height as the single family homes.  

Comm Schulte 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 5.  

Town Commission Requests  

            18.       Discuss Election & Committee Reform By: Mayor Kaleel  

Mayor Kaleel stated that he felt all of the Town Boards do a good job but there have been some discussions on the selection process. He commented that sometimes the openings are difficult to fill and suggested that staff review similar municipalities election process and also the Mayor seat vote.

Town Manager Mathis advised that staff would review other municipalities and bring back a survey to the Commission in August or September.  

Public Comment  

George Bierlin, 26 Hudson Ave. , stated that Tropical Drive is a private road now and the Town should consider eminent domain for drainage easements. Mayor Kaleel advised that there are several issues at hand.  

Adjournment     

Meeting adjourned at 8:15 PM