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Town Commission Meeting of the Town of Ocean Ridge held on Monday, June 7, 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  

Town Manager requested to add Town signage under the managers update.  

Mayor Kaleel requested to add an update regarding A1A.  

Consent Agenda  

            1.         Minutes of Regular Town Commission Meeting of May 3, 2004

            2.         Minutes of Executive Session Meeting of May 11, 2004

            3.         Minutes of Special Town Commission Meeting of May 20, 2004                         

Comm Schulte moved to approve the consent agenda, seconded by Comm Allison.  

Motion carried - yea 5.  

Announcements and Proclamations  

4.        D. Bill Mathis, prior Ocean Ridge Town Manager has been hired as the Interim Town               Manager During the Town Manager Selection Process  

Mayor Kaleel thanked Town Manager Dailey for her service to the Town and wished her well with her new position with the City of Oakland Park , FL. Mayor Kaleel also introduced Mr. Mathis and expressed his appreciation for Mr. Mathis sitting as Interim Town Manager.  

Public Comment  

Joe Belmonte, 5572 N Ocean Blvd , commented that more shade should be provided on the beach and felt that huts or decks at the walkovers would be nice if there was enough room. Mayor Kaleel advised that it would be reviewed.  

Mark Marsh, 14 Hudson Ave. , commended the work being done by Chaz Equipment on Hudson Avenue and stated that they are doing a great job.  

George Bierlin, 26 Hudson Ave. , agreed that Chaz Equipment was doing a great job and also thanked Town Manager Dailey for her two years of hard work for the Town. Mr. Bierlin stated that Manager Dailey had raised the bar for professional accomplishments and wished her good luck with her new position.  

Public Hearings           

            5.         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 )

Town Clerk Hancsak read the above application.  

Comm Schulte moved to continue the Public Hearing at the July 6^th, Regular Commission Meeting, seconded by Comm Pugh.  

Motion carried - yea 5.  

            6.         NOTICE OF PUBLIC HEARING ON PROPOSED REZONING, SMALL SCALE                            COMPREHENSIVE PLAN AMENDMENT, REPLAT                                AND SITE PLAN APPROVAL

                        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                                 PUBLIC HEARING on a recommendation to the Town Commission                            regarding proposals submitted by Spanish Bay Development, LLC, for                          approval of a 14-unit town home development on a total of 2.83 acres,                            which includes on-site wastewater treatment. The proposals include a                               replat and site plan approval, as well as 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.  

Town Manager Dailey stated that at the May 25^th Planning and Zoning Commission meeting they recommended adoption of Ordinance #545, which authorizes the revision of the Future Land Use Map and adoption of Ordinance #546, which authorizes the rezoning of the 1.35 acres from Single Family Residential District (RSF) to the Medium Density Multiple Family Residential District (RMM). Manager Dailey advised that the Spanish Bay project small scale amendment will not create inconsistencies with the Comprehensive Plan and added that staff also recommends approval of the project.  

Town Attorney Spillias advised that anyone speaking or giving testimony regarding the project must be sworn in.  

The public was sworn in at this time.  

Town Attorney Spillias also asked each Commissioner if they had individual conversations with the applicants and if they could still make an objective decision. Mayor Kaleel and Comm Bingham answered that they did have contact with the developer and could make objective decisions.  

Atty Greg Young, Edwards and Angell, representing V & O Island Properties, stated that the applicants are requesting site plan approval to develop 14 town home units north of Town Hall, replat the property, a small scale Comprehensive Plan Amendment and rezoning a portion of the property. Mr. Young introduced architect Digby Bridges to give a presentation of the project.  

Architect Digby Bridges, Digby Bridges, Marsh & Associates, advised that regarding the public request for tiki huts he would provide contact information to staff.  

Mr. Bridges gave a power-point presentation showing the location and proposed development plan. He advised that the applicants are requesting to develop 12 town home units and 2 courtyard units that are three stories and displayed the design and aerial photographs of the property. Mr. Bridges described the proposed landscaping and explained the proposed new channel to assist the flow of the canal and clean up of the mangroves. Mr. Bridges added that the developers are in negotiations to possibly purchase an additional lot and if the land is aquired the developers would like to add an additional 2 town homes for a total of 16 units. Mr. Bridges also mentioned that there is an alternate plan #1 with a boat dock/ramp connecting to Town Hall property. He advised that the Planning and Zoning Commission appeared favorable that the sewage treatment system be compatible for both the project and Town Hall with the cost being shared.  

Principle Biologist Cheryl Carpenter, C&N Environmental Consultants, advised that the developers are proposing to create a flushing channel at the site and that Palm Beach County is pleased with the mitigation concept. She explained that the channel will flush out the current sediment trap and stabilize the mangroves. Mayor Kaleel questioned if additional land is acquired if the developers had thought about a nature project. Mrs. Carpenter advised that the developers are reviewing the possibility of nature and canoe trails.  

Atty Young advised that the property is the only area in Town with dual zoning and felt it was appropriate to zone the land all as Residential Medium Density. He stated that the development will comply with all code requirements and that the applicants were open to discussing the possibility of sharing the septic treatment system with Town Hall. He then introduced Mr. Bert Gerber to explain the type of septic system that the developers are considering for the project.  

Bert Gerber, President of Gerber Pumps International, showed a video presentation of the cromaglass wastewater treatment system and advised that the underground tank is enclosed with a lockable hatch and there is no noise or odor. He then explained the operation of the system including the mechanical maintenance requirements and advised that pumper trucks are used to remove build up. Mr. Gerber also stated that additional tanks can be added to existing tanks.  

Atty Young felt that the project would be good for the Town and advised that the developers would like the Commission input and feelings.  

Atty Erin Deady, Lewis Longman & Walker, advised that the project is less than 10 acres which makes the process of Rezoning and amending the Land Use Designation faster and easier to complete. She stated that if Ordinance 545 is adopted at the July 6^th Commission meeting, it could transmitted to DCA and possibly be completed by August.  

Mayor Kaleel questioned if the drainage would be affected. Mr. Bridges guaranteed that there would be no drainage problems as a result of the development. He stated that swales will be put in with an underground detention.

Public Comment  

James Bonfiglio, 5616 N Ocean Blvd. , P&Z Board Member advised that he made the motion to recommend the development during the Planning and Zoning Commission meeting. He stated that his concern was if the septic tank location was placed on the east side of the subject property the Town would have to force feed into the system in order for both properties to use the system. Mr. Bonfiglio mentioned that if the system was installed on Town property the Town would save on the cost of force feeding. He also mentioned that the boat ramp was a good idea but had concerns with liability issues.  

Gary Kosinski, 6000 Old Ocean Blvd , questioned what the Town would be gaining by changing from a single family district to a multi-family district. He felt that the Commission should be ensuring the quality of Town and would like to see more single family zoning. Town Clerk Hancsak clarified that part of the property is already zoned multi-family and Comm Bingham added that the area that is currently single family is wetland area and very muddy.  

Bruce Gimmy, 12 Ocean Ave , Chair of the P&Z Board, felt that the project would be beneficial to the Town and also liked the idea of a boat ramp for the residents.  

Public Comment was closed at this time.  

Mayor Kaleel commented that the project seemed great and felt it would be beneficial to improve the mangrove area and have nature trails and a boat ramp on the property.  

Comm Allison gave her support to the project and commented that the square footage of the town-homes was larger than some of the single family homes.  

Comm Pugh stated that the addition tax base would greatly assist the Town.  

Atty Spillias stated there are four steps to be taken that include the Commission approving Ordinance 545 on first reading, amending the Comp Plan, first reading of Ordinance 546 for rezoning, approving the site plan with conditions on the adoption of ordinance based on specifications submitted tonight, and approving the re-plat subject to final approval of the comp plan. Atty Spillias advised that the project would then need all regulatory agencies approval.  

Comm Bingham moved to adopt ordinance 545 authorizing the revision of the future land use map, seconded by Comm Allison.  

Motion carried - yea 5.  

Comm Allison moved to adopt ordinance 546, authorizing the rezoning from single family residential district to the multiple family residential district, seconded by Comm Bingham.  

Motion carried - yea 5.  

Comm Bingham stated if the ordinance is adopted and the additional land is acquired by the applicant the property will be increased and the applicant would like to build an additional two town homes on the property. She advised that she is in favor of the project as it is now and happy with the environmental improvements that the developer will be doing but she is not in favor of adding additional density on the property. She also stated that even though the Land Development Code permits 5 dwelling units per gross acre in the RMM district she felt the Commission should address this section of the code in the future. Atty Spillias advised that if additional land is acquired by the applicants they would be required to unify the title for both properties and it would be possible to obtain site plan approval from the Commission to add any units.  

Mayor Kaleel questioned if the site plan could be approved conditioned on the boat ramp and waste treatment facility being modified before finalization. Atty Spillias advised that the site plan could be approved with specific modifications requested by the Commission tonight. He added that any other significant changes made to the site plan would have to be re-advertised and open to public comment again.  

Comm Schulte moved to approve the alternate site plan conditioned upon the boat ramp and dock being available for use by the Town and by the discretion of the Town and Applicant as to use by others and conditioned upon the waste treatment facility being located as proposed on the original site plan, and subject to the Rezoning and Comp Plan amendments with a hard copy of the plan submitted, seconded by Comm Pugh.  

Motion carried - yea 5.  

Comm Allison moved to approve the replat subject to rezoning, seconded by Comm Pugh.  

Motion carried - yea 5.  

Atty Spillias clarified that the site plan was approved with conditions but that there were no conditions on the Comp Plan or the Rezoning ordinance.  

Mayor Kaleel requested to move to item 12 and 13.  

ACTION ITEMS  

12.       Discuss Recommendation by P & Z Commission to increase                 maximum height for multi-family dwellings to 36 feet.  

Town Manager Dailey advised that currently the maximum height in the RMM district is 32 feet for multi-family homes and 36 feet for single family homes. She advised that the P & Z Commission recommended that the Town Commission consider amending the land development code to permit multi-family developments at a maximum height of 36 feet. She added that Hy-Byrd Inspections agreed with the recommendation citing that the code would be more consistent and the additional area makes the structure more sound.  

There was a consensus for staff to draft an ordinance to amend the land development code for multi-family dwellings to 36 feet in the RMM district.  

13.       Discuss Recommendations by the P & Z Commission for Old Ocean                 Blvd. Obstructions to the Right-of-Way  

Mayor Kaleel read the recommendations from the P & Z Commission for obstructions in the right-of-way on Old Ocean Blvd which included; no new plantings be allowed on the west side of Old Ocean Blvd. within 6 feet of the edge of pavement along the entire ROW; Physical obstructions including manmade structures be prohibited within the ROW; Non-vegetative obstructions excluding concrete delineators and mailboxes with decorative plants with no greater than a 1 foot radius around the mailbox be prohibited within the ROW along Old Ocean Blvd; Existing landscaping and obstructions be forced to adhere to the new policy of Old Ocean Blvd.  

Mayor Kaleel stated he was concerned how the recommendations could be implemented and what the impact would be.  

Public Comment

George Bierlin, 26 Hudson Ave. , felt that the P & Z recommendations were tainted and offensive. He commented that he did not agree with the recommendations to enforce 6 feet of the right-of-way cleared of obstructions on Old Ocean Blvd.  

James Bonfiglio, 5616 N Ocean Blvd. , P & Z member, suggested sending a notice to homeowners with a time frame of when to remove the obstructions before the Town takes actions.  

Gary Kosinski, 6000 Old Ocean Blvd. , stated he did not agree with the recommendations and was opposed to forcing removal of obstructions that do not pose a safety hazard.  

Donald Magruder, 9 Ridge Blvd , felt Old Ocean Blvd was an asset to the Town and did not feel the obstructions were bad.  

Public Comment was closed at this time.

Engineer Tropepe stated that the Town has an ordinance that states the right-of-way shall have swales for drainage purposes. She commented that the Town worked with each homeowner on Hudson Ave. to clear or move certain obstructions and felt the process went very well.  

Comm Pugh stated that the Town needs to be consistent and review the obstructions in all of the rights-of-way.  

Comm Bingham moved to accept the P & Z recommendations for obstructions in the right-of-way on Old Ocean Blvd , seconded by Comm Schulte.  

Motion carried - yea 4              (Bingham, Kaleel, Pugh, Schulte)

                           nay 1             (Allison)  

There was a consensus for staff to give enforcement implementation suggestions at the next meeting.

REPORTS  

            7.         Town Manager  

Town Manager Dailey advised that a proposal had been received from Jeff Industries for decorative signage throughout all Town streets in the amount of $24,854. She advised that staff and the Public Safety Department performed an analysis and made an inventory of the signs throughout Town and signs were reduced wherever possible.  

Comm Pugh moved to approve the proposal for decorative signage throughout Town from Jeff Industries in the amount of $24,854 from the beautification fund, seconded by Comm Allison.  

Motion carried - yea 5.  

            8.         Town Attorney  

Town Atty Spillias advised that the legal costs to amend the Comp Plan for the Spanish Bay Development would be reimbursed by the applicant.  

Atty Spillias also mentioned that he received a letter from the League of Cities regarding Palm Beach County ’s annexation proposal for more control in unincorporated areas. He advised that the League of Cities is watching the matter closely and he is not certain if it would impact Ocean Ridge.  

Atty Spillias stated that the Department of Environmental Protection agreed to extend the stormwater grants and that he is waiting for County approval. He stated that if the County gives approval it will go back to DEP to certify the funds forward by the governor.  

            9.         Director of Public Safety  

Director Hillery had no reports.  

            10.       Town Engineer (SFRN, Inc.) - Drainage Update           

Engineer Tropepe stated that the verbage for the drainage wells permit was completed today. She mentioned DEP will allow two wells and then analyze the results before possibly permitting the next four. Engineer Tropepe advised that it will be a cost increase and that the first step is to get the permit approved and get the bid package to look at the actual costs.  

Engineer Tropepe mentioned that DEP approved a control panel to be put in the right-of-way at Tropical with no cost factor to the Town and she suggested possibly putting the generator in the right-of-way too.  

 ACTION ITEMS  

            11.       Discuss Town Manager Selection Process  

Comm Schulte suggested that the item be postponed until next month because only two proposals were received.  

There was a consensus to postpone the Town Manager Selection Process until the July Commission Meeting.  

TOWN COMMISSION REQUESTS  

14.       Discuss Traffic Calming Devices for Douglas Drive/Oceanview Dr. and Tropical Drive By: Comm Allison  

Comm Allison stated that she received several complaints regarding the traffic on Town streets and mentioned that there is a petition from the residents of Douglas and Oceanview. She requested that different options be discussed rather than speed bumps to help calm the traffic in Town.  

Mayor Kaleel stated that he mentioned brick pavers being installed through Town at the street entrances as an option for slowing traffic.  

There was a consensus to have the Planning and Zoning Commission look at traffic calming options throughout Town with special attention to the Tropical and Oceanview areas and to work with the Public Safety Director regarding the legal safety issues.  

            15.       Update regarding MPO Meeting to be held Thursday June 17, 2004  

Mayor Kaleel advised that the intention of the Metropolitan Planning Organization is to recommend moving ahead with 5 foot sidewalks throughout A1A even in Towns that had agreements. He advised that he will be attending the MPO meeting June 17^th and would be standing behind the Town’s position.  

Adjournment     

Meeting adjourned at 9:45 PM