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Town Commission Meeting of the Town of Ocean Ridge held on Monday, May 3, 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 change the order of the agenda to allow the A1A discussion to be heard first. He also requested to make the minutes of the April 23, 2004 workshop a first draft for Commission review.  

Comm Pugh requested to move #3 from the consent agenda to the end of the regular agenda.  

Comm Schulte questioned whether the cost reduction was proportionate to the level of police service that is provided to Briny Breezes. Director Hillery and Manager Dailey advised that the police service comprises the majority of the contract.  

Consent Agenda  

1.         Minutes of Regular Town Commission Meeting of April 6, 2004

2.         Minutes of Special Town Commission Meeting of April 23, 2004

4.         Ocean Ridge Resolution No. 2004-13; Authorizing the Mayor and Town Clerk to Execute the                Interlocal Agreement to Provide Police Services to the Town of Briny Breezes (3 Year Agreement)  

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

Motion carried - yea 5.  

Announcements and Proclamations  

5.         Proclamation Declaring May 2^nd through May 8^th, 2004 as “Drinking Water Week”

6.         The Town Web Site (oceanridgeflorida.com) now Includes a Town Update Report Listed as a                Menu Item  

Mayor Kaleel read the above announcements  

Public Comment  

Joe Belmonte, 5572 N Ocean Blvd , questioned who was responsible for maintaining the vegetation that is along the sidewalk at Woolbright Road and the Ocean Ridge Yacht Club. Town Clerk Hancsak advised that the area is either County property or owned by the Yacht Club and that the Yacht Club has maintained the property. Director Hillery added that the irrigation for the area is supplied by the Yacht Club.  

George Bierlin, 26 Hudson Ave. , questioned how an amendment of the Charter could take place at the request of the electors to which Town Attorney Spillias advised he needed to look into it.  

16.       Discuss SR A1A Widening By: Comm Allison  

Town Clerk Hancsak advised that several letters regarding A1A widening were received and were requested to be read into the record. Mayor Kaleel acknowledged that the Commission had received copies of the letters and reading them during public comment was not necessary.  

David Lundquist, 6277 N Ocean Blvd. , stated that he held a citizens meeting on April 28, 2004 and approximately 60 residents had signed a petition to preserve the garden like quality of Ocean Ridge. He advised that he was surprised to see the underlying sentiment to widening A1A. Mr. Lundquist felt that the Town has not been active enough to take a stand for a repaving only option with the Florida Dept. of Transportation and felt it was time for action. He mentioned that FDOT has stated there was an agreement with the Town for repaving, however, they are now stating the Palm Beach Metropolitan Planning Organization (MPO) will not allow a repaving only option. Mr. Lundquist questioned why the Town has not received correspondence from the MPO and encouraged residents to write to the FDOT Secretary and also suggested a meeting with Senator Atwater. Mr. Lundquist stated that he believes 90% of the residents oppose A1A widening and would like to know where the Commission stands on the issue.  

John Bennish, 6665 N Ocean Blvd. , felt that the Town had a responsibility to preserve the scenic qualities and stated that the entire Tamarind development is against the widening of A1A. Mr. Bennish also felt that any alterations to A1A would cause flooding concerns and advised that he will be monitoring what the Commission does.  

Raphael Clemente, Senior Planner for P.B. Metropolitan Planning Organization, stated that he was speaking on behalf of the MPO which is an organization made up of local Commissioners and Palm Beach County Officials that make traffic decisions for PBC. Mr. Clemente advised that the MPO has clear standards for traffic flow and mentioned the FDOT statistics regarding traffic concerns. Mr. Clemente also stated that widening the shoulder will increase the flow of traffic making the road safer for vehicles and pedestrians and would not cause a hazard.  

Bruce Gimmy, 12 Ocean Ave , P&Z Chairman, stated that the Planning and Zoning Commission was asked to review the rights-of-way and A1A widening issue. Mr. Gimmy advised that no plans or proposals have been presented and more information from FDOT is necessary in order to make an informed decision.  

Rick Eddick, 615 N Ocean Blvd. Delray Beach , stated that he was involved with meetings with FDOT Secretary Abreau and the City of Delray Beach regarding A1A which resulted in the suggestion of a repaving only option. Mr. Eddick felt that all the residents concerns should be explored and believed that repaving only was still an option for the Town if they ask for it.  

Mayor Kaleel explained the history of the A1A widening and the meetings with FDOT. He advised that after several meetings and hearings were held in 1998 a commitment was made to work on a plan with the best interest of the Town as a whole. Mayor Kaleel stated he spoke with Rick Chesser of FDOT who advised that repaving was not an option and the concept of resurfacing only came from a meeting that a group of Delray Beach residents had with Secretary Jose Abreu in October 2003. Mayor Kaleel requested Rick Chesser put the FDOT position in writing that repaving only was not an option which resulted in the letter received today. He thanked Mr. Lundquist for his involvement and interest but advised that the Town was never formally offered the repaving only option. Mayor Kaleel also mentioned he was interested in knowing all options available to have decision making power.  

Comm Allison stated that it appeared most of the residents would like a repaving only option. She asked why the Commission could not formally state a preference.  

Morteza Alian, District Consultant for FL Dept. of Transportation, stated that FDOT is not building bike paths. He advised that 3’ wide paved shoulders are being planned that are contiguous to travel lanes. Mr. Alian stated that a v-ditch and French drains are also being planned to hold water within the FDOT right-of-way which will assist with any drainage concerns.  

Comm Pugh questioned if footage would be taken out of the existing roadway in order to achieve 3’ shoulders and also if crosswalks were being offered. Comm Schulte also asked if there was a standard shoulder and how much area FDOT had available. Mr. Alian answered that crosswalks were being studied to see if they would be viable. He also stated that he does not have surveys available and the plan is still in the initial stages.  

There was discussion regarding the requirements and possibility of shoulders along A1A.  

Mayor Kaleel asked Mr. Alian when the plans would be ready. Mr. Alian advised that there is an initial phase and a final phase of developing a plan and FDOT has already started the preliminary plans. He stated that he did not know when it would be ready to present to the Commission but it could be done in less than six months.  

Comm Schulte questioned if the Commission would have adequate time to review the plan. Mr. Alian advised that necessary time will be given for review and also stated that even in order to repave only it would be necessary to add shoulder for structural integrity. Mayor Kaleel commented that the issue is very dear to the Town and wanted it to be clear that the Commission is committed to protecting and preserving the beauty of the Town.  

Comm Allison stated that she was not ready to give up and felt if other options were available there should be a way to do the project properly. Mr. Alian stated that ASHTO is a national organization that creates the design and engineering standards for structural stability of the roads and they provide the criteria.  

Mayor Kaleel suggested that Mr. Clemente of the MPO and Mr. Alian of FDOT speak outside with the residents who had further questions or concerns.  

There was a break from 8:15 to 8:25  

Public Hearings  

7.         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, 2004 ) 

Town Attorney Spillias stated that the applicant was asked to bring back modifications to the application based on comments by the Commission at the April 6^th Meeting. He advised that comments can be heard on the modifications and that anyone giving testimony 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 if they could still make an objective decision. Each Commissioner answered that they did have contact with the developer and could make objective decisions.  

Matt O’Conner, 1055 Bal Harbour Dr. Delray Beach , President of V&O Properties, apologized to the Commission and staff for any misinterpretations at prior meetings and stated that it was not the intent to misconstrue the leeway of the Planning and Zoning Commission. Mr. O’Conner displayed “Option #2 Modified” and advised that the setback and code requirements have been met and believed the design created would be acceptable for the Town, the developers and the Crown Colony residents. Mr. O’Conner explained the details of the plan which included exchanging the existing 6300’ of right-of-way at Chickasaw for a perpetual easement of approximately 8000’ of linear park to be maintained by the Yacht Club which will give access to the water. He added that an application will also be made for a dock to be constructed for fishing and launching boats. Mr. O’Conner also stated that currently there is no revenue received by the Town for the property and that the development will bring in tax revenue at no cost to the Town.  

Comm Bingham questioned if there was any protection from the Crown Colony treatment plant located near the property. Atty Young stated that FL law clearly states that anything done off the site property that causes a nuisance must stop. Town Atty Spillias explained that the applicants are not adversely causing a nuisance and that there is no legal basis to deny the project because of nuisances caused from outside the site. Comm Bingham questioned if there were setback requirements from a treatment plant. Atty Spillias stated that an approval by the Commission will be subject to any State limitations and permitting agency requirements.  

There was discussion regarding access for a public safety vehicle, low-voltage lighting and a guaranteed vista to the water. Atty Spillias stated that a good faith commitment can be made part of the conditions of approval. He also advised that he will detail a list of his recommended conditions of approval and that the Commission can review and add additional conditions if necessary. Mayor Kaleel added that he would like a completion bond from the developer for the construction of the linear park.  

Public Comment  

Michael Metras, 5588 N Ocean Blvd. , stated if all criteria is met that he was in favor of the development because of the increased revenue to the Town.  

Paul Tuck, 5594 N Ocean Blvd. , felt that Option #2 Modified was in the best interest of all the parties and stated the Town was getting a better value.  

Jerry Magruder, 9 Ridge Blvd. , stated that Chickasaw was a mess and felt the Town should get a new attitude and be innovative. She commented that the Town should also give a little to make the area better.

Domonick Pallaria, Volunteer President of Crown Colony Treatment Plant, stated that his treatment plant is owned by three separate entities. He advised that the plant has been in operation for 40 years and services 290 units. Mr. Pallaria mentioned that the facility is in complete compliance and has only had difficulty recently with a domestic renewal permit and explained the reasons for the delay. He also commented that the facility works within the normal noise and odor rates but felt that it could be dangerous to people walking in the easement area. Mr. Pallaria stated that the lot has been undeveloped for 40 years and did not feel any development should be done on the property.  

Dale Smith, 5576 N Ocean Blvd. , advised that the members of the Yacht Club are overwhelming in favor of the project.  

Ernie Simpson, 5530 N Ocean Blvd. , Board of Directors for Crown Colony, clarified that there will be a walkway behind the Kings Bay House and lighting onto the property and he did not understand why the Town would consider the project. He advised that the Board is considering obtaining legal representation.  

Bruce Gimmy, 12 Ocean Ave. , advised that P&Z rejected the abandonment of Chickasaw because it was too narrow but felt the modified plan was favorable for the residents of Ocean Ridge.  

Public Comment was closed at this time.  

Comm Schulte stated he was in favor of the project but would like the park developed further east for a dedicated area for a police vehicle and also the signage moved towards the appendage.  

Comm Allison moved to accept Option #2 Modified contingent upon the conditions of a review by the Town Atty of the location sketches and legal descriptions provided by the applicant of the portion of Chickasaw right-of-way being vacated as well as the easement in favor of the public being provided; A presentation to the Commission at the next Commission meeting of a Resolution vacating the subject portion of Chickasaw; The  Resolution to include a reversionary clause providing for the reversion to the Town of the right-of-way in the event that the project is not completed within a specified period of time (completion to be determined by the issuance of certificates of occupancy for all proposed units and the completion of the improvements on the public easement) or, in the alternative, that the Resolution, by its terms, not be effective until the completion of the project as described above; Preparation of an easement in recordable form, satisfactory to the Town Atty, including (i) a description of the easement and all proposed improvements thereon, (ii) a description of the nature of the easement (i.e., an easement providing for public access to the Intracoastal Waterway), (iii) the time within which the improvements must be completed, and (iv) the obligations on the Ocean Ridge Yacht Club (ORYC) and the necessity of the ORYC’s acceptance of the obligations (through inclusion in its declaration of covenants) to maintain the easement and its improvements in perpetuity; Submission of documents verifying the ORYC’s amendment of its association documents to provide for acceptance of the annexation, the easement and the obligation of perpetual maintenance of the easement and its improvements; A developers agreement be entered into between developer, ORYC and the Town to clearly outline and specify the respective obligations of the developer and ORYC to each other and to the Town particularly with respect to the proposed easement; The applicant will pursue any and all means necessary for a dock to be located at the southwest portion of the property; The development of the northeast corner of Chickasaw as part of the park; Relocate the proposed signage out towards the appendage; and post a Performance Bond to ensure completion of the Linear Park, seconded by Comm Pugh.  

Motion carried - yea 5.  

Reports  

8.         Town Manager  

Manager Dailey stated that the drainage project on Hudson Avenue had officially started and also that sod was started on Ridge Blvd. She also advised that she is awaiting the final approval for the grant extension for the south phase of the drainage project.  

9.         Town Attorney  

Atty Spillias had no reports.  

10.       Director of Public Safety  

Director Hillery had no reports.  

11.       Town Engineer  

Engineer Tropepe reiterated that the drainage project on Hudson had broke ground today.  

Action Items  

12.       Approval of David Lane and Adams Road Roadway and Drainage Improvements By: Kathleen                Dailey, Town Manager  

Atty Spillias mentioned that the litigation involving Comm Schulte was concluded and advised that he could vote on the issue and it would not be considered a conflict.  

Engineer Tropepe summarized the cul-de-sac design and explained County standards for improving the road for the drainage project. She stated that she was asking the Commission to approve the plan as designed and to decide if the plan will be included in the bid package for the South Phase. Engineer Tropepe also requested to pursue temporary road easements for construction access.  

There was discussion regarding the possibility of separating the David Lane project from the South Phase and the possibility of doing the drainage project on David Lane without constructing the cul-de-sac.  

Comm Schulte stated that it was discussed in the past to be separated from the South Phase and he did not want to hold back the drainage project. He also did not feel that the Town should develop a cul-de-sac on private property. Atty Spillias stated that there is an increase in liability to the Town if the road is not built to standards. He explained that the Court Order requires under certain circumstances to bring the road to standards but does not require the property to be deeded to the Town.  

Mayor Kaleel questioned if the cul-de-sac had to be built with the drainage project. Engineer Tropepe advised that the project can be done without the cul-de-sac but that it would not be built to standards. She also added that she would write an indemnification letter stating she and her firm would not be responsible or liable for any suit or action against the Town because the design was not followed.  

Public Comment  

Richard Lucibella, 5 Beachway North, did not agree with staff recommendations regarding the construction of a cul-de-sac on David Lane . He stated that the reference to liability limits the Commission decision and felt property owners should be responsible for building on private property. Mr. Lucibella added that budgeted drainage improvement funds should not be used for a turn-a-round and that the Commission should instruct staff to go ahead with the drainage improvements on David Lane .  

Atty Spillias stated that the decision has always been up to the Commission and he is only giving his best legal opinion. He advised that the likelihood of liability increases if the road is not built to standards.  

Jerry Magruder, 9 Ridge Blvd. , stated that the Kelso property was another wildlife property that absorbs water very well and has a natural catch basin and questioned if there was another alternative for these drainage improvements. Engineer Tropepe replied an injection well would be extremely more costly.  

George Bierlin, 26 Hudson Ave. , encouraged the Commission to build the road to standards and approve the project completely instead of in pieces.  

Cheryl Olanoff, 566 David Lane , stated she has waited a long time for the drainage project and requested that the Commission proceed with the project and worry about the cul-de-sac later.  

Betty Kelso, 16 Sailfish Lane , advised that no decision has been made on a deeded right-of-way or easement. She stated she has no vested interest but requested to see the plan for the cul-de-sac if it is approved.  

Comm Bingham moved to proceed with the bid for drainage to David Lane and Adams Road to be included with the South Phase but not to include the cul-de-sac at this time, seconded by Comm Pugh.  

Motion carried - yea 5.  

13.       Direction on Letter of Proposal from Jim Bonfiglio By: Kenneth Spillias, Town Attorney  

Atty Spillias requested the Commission authorize him to negotiate with Mr. Bonfiglio and bring back recommendations.  

Comm Schulte moved to authorize Atty Spillias to negotiate with Mr. Bonfiglio and to bring back recommendations to the Commission, seconded by Comm Allison.  

Motion carried - yea 5.  

14.       Request for Executive Session RE: Cory Heith, et al. v. Town of Ocean Ridge By: Kenneth Spillias,                Town Attorney  

Atty Spillias advised that the litigation is still pending and requested the Commission set a date for an Executive Session.  

There was a consensus to schedule an Executive Session on Tuesday May 11^th at 8 AM .  

Second Reading , Public Hearing and Adoption of Ordinances  

15.       No. 544; Amending the Recreation and Open Space and Capital Improvement Elements of the                Town of Ocean Ridge Comprehensive Plan to Reflect Recent Capital Improvement Projects (per                FSS this will be the only reading)  

Atty Erin Deady, Lewis Longman & Walker, advised that the Recreation and Open Space and the Capital Improvement Elements of the Comprehensive Plan have been amended and the Future Land Use Element and Map Amendments were withdrawn by the Town. She stated that routine changes are necessary because the Comp Plan has not been amended since its adoption in 1989. Atty Deady also advised that DCA reviewed the amendments, provided comments to the Town and has given the go ahead for its adoption. Atty Deady explained the amendments to the elements and requested that Ordinance No. 544 be adopted supporting the comp plan amendments and to transmit the final adopted amendments to DCA.  

Comm Bingham questioned if the park name could be changed back from “ Ocean Ridge Hammock Park ” to “ Hardwood Park ” in the Comp Plan. Atty Deady advised that it could be done at a later time and did not recommend changing it at this point.

Comm Schulte moved to adopt Ordinance No. 544 and to transmit the final adopted amendments to DCA, seconded by Comm Pugh.

Motion carried - yea 5.

3.         Authorize $5,000 Donation from the Contingency Account to the City of Boynton Beach for the July                4^th Fireworks Display on the ICCW Just South of Gateway Blvd.    

Comm Pugh felt that the amount was too high and the Town should donate the same amount as in previous years.  

Comm Pugh moved to approve a donation of $2,000 from the Contingency Account to the City of Boynton Beach for the July 4^th Fireworks Display, seconded by Comm Bingham.  

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

                           nay 1             (Allison)  

Adjournment     

Meeting adjourned at 10:55 PM