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Special and Regular Town Commission Meeting of the Town of Ocean Ridge held on Thursday, September 16, 2004 at 5:01 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 Bingham                         Commissioner Pugh

Mayor Kaleel  

Commissioners Allison and Schulte were absent with notice.  

Pledge of Allegiance  

Public Hearing  

Presentation of Tentative Budget and Proposed Millage Rate for Fiscal Year 2004-2005           

            a.         Comment from Commissioners and Public  

Town Clerk Hancsak explained the changes to the budget which included an additional $30,000 to the Landscape Maintenance account and an additional $2,000 to the Town Clerk Auditing account.  

Town Manager Mathis advised that in July the Commission requested he review the Clerk’s salary and he was recommending increasing the salary by an additional $3,687 to bring the salary range up to the average of other small communities.  

Comm Pugh moved to increase the Town Clerk salary by an additional $3,687, seconded by Comm Bingham.  

Motion carried - yea 3.  

            b.         Adoption of Tentative Budget for Fiscal Year 2004-2005  

Comm Pugh moved that a budget in the amount of $3,893,160 be tentatively adopted for the 2004-2005 Operating Fund, seconded by Comm Bingham.  

Motion carried - yea 3.  

            c.         Adoption of Tentative Millage Rate for Fiscal Year 2004-2005  

Comm Bingham moved that a millage of $4.2500 per $1,000 of assessed valuation be tentatively adopted for the 2004-2005 general operating revenue, seconded by Comm Pugh.  

Motion carried - yea 3.

            d.         Announce Computed Millage Rate Exceeds Rolled Back Rate by 20.89%  

Mayor Kaleel announced that the millage rate of 4.2500 exceeds the rolled back rate of 3.5157 by 20.89%.  

            e.         Public Hearing Date for Final Adoption  

Mayor Kaleel announced that the date and time of the second and final public hearing is established as 5:01 PM on Thursday, September 23, 2004 .  

Special Meeting  

Town Attorney Spillias requested that the Executive Session Meeting that was postponed due to Hurricane Frances be rescheduled to October 4, 2004 before the Regular Commission Meeting.  

There was a consensus to reschedule the Executive Session Meeting at 5:30 PM on October 4, 2004 .  

Regular Meeting  

Additions, Deletions, Modifications and Approval of Agenda  

Mayor Kaleel requested to add a discussion regarding Hurricane Frances .  

Mayor Kaleel also requested to add the Waste Management contract to the consent agenda.  

Comm Bingham requested to move item 3 after consent.  

Consent Agenda  

1.         Minutes of Special Town Commission Meeting of July 27, 2004

2.         Minutes of Regular Town Commission Meeting of Aug. 2, 2004

4.         Ocean Ridge Resolution No. 2004-20; Approving an Interlocal Agreement with Palm Beach County             (PBC) Authorizing the PBC Contractor Certification    Division to Enforce the Provisions of                 Ordinance 97-56, Codified in Chapter 7, Article II of the PBC Code of Laws and Ordinances                  Pertaining to Licensed Contractors

4a.       Resolution No.2004-16; Adoption of Renewal Contract with Waste Management Inc of Florida to             Provide Collection of Garbage, Trash and Recycling  

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

Motion carried - yea 3.  

Regular Agenda  

3.         Approve the Commitment of Landscape Maintenance with FDOT Re: Maintain Landscape                 Materials Furnished by FDOT located in the ROW of SR A1A for Project  FM #403606-1-52-01  

Comm Bingham requested that the Town be involved in the selection of what is planted in the ROW. Manager Mathis stated that the project consultant has advised him that they will keep the Town involved in the project.  

Comm Bingham moved to approve the Commitment of Landscape Maintenance with FDOT, seconded by Comm Pugh.  

Motion carried - yea 3.  

Public Comment  

Jerry Magruder, 9 Ridge Blvd. , stated that the Island on Ridge Blvd is a mess and requested permission to have their personal landscaper cut the palms and grass. Manager Mathis stated that the landscaping is moving along and advised that Mrs. Magruder could have her landscaper cut the grass if she wanted to. Mrs. Magruder also commented that there were sewage systems in other areas that ran out of diesel fuel during the storm and sewage backed up into homeowners yards. She felt that the Town was fortunate to have septic systems.  She also thanked the police department for their work during the hurricane and felt the Town was very safe.  

George Bierlin, 26 Hudson Ave. , felt that the Hudson Ave. drainage improvements had worked and that it was nice to see that the road had not flooded during the hurricane.  

Reports  

5.         Town Manager  

Town Manager Mathis summarized his town update and advised that staff is still pursuing the Tropical Drive easements. He stated that there is some time to receive the documents before the bid documents are advertised. He also mentioned that 2 red valves were purchased and will be installed on Harbour Dr North and South to help prevent tidal water from backing up into the drainage pipe and flooding the roadway.  

At this time Mayor Kaleel extended his sympathy to Comm Bingham for the loss of her mother and long time resident, Grace Brawner.

6.         Town Attorney  

Atty Spillias stated that he was directed to review the policies of other Towns regarding rights-of-way encroachments. He advised that he researched other areas and case law and found that some Towns have an obligation with abutting property owners to maintain the ROW’s or the Town can lien the property. Atty Spillias mentioned that it is ultimately the Towns decision whether to allow obstructions by license or enforce maintenance through code enforcement. He stated that there is flexibility and his recommendation would be to redraft the ordinance for first reading to include the option of code enforcement for ROW obstructions.  

Comm Bingham stated that she did not like the idea of an ordinance forcing people to maintain the extension of yards and hoped that the maintenance of ROW’s would not become an issue. She mentioned that she did not object to some plantings in the ROW’s as long as they did not pose safety concerns or encroach onto the sidewalks.  

Atty Spillias explained that the ordinance is already in place and the code enforcement for obstructions can be added back in. He stated that it gives the Town the authority to use discretion on encroachments.  

Mayor Kaleel stated that he was in favor of revising the ordinance and there was a consensus for Atty Spillias to prepare a new draft ordinance for first reading.  

7.         Director of Public Safety  

Director Hillery had no reports.  

8.         Town Engineer – Drainage Update  

Engineer Tropepe advised that she would be giving an update during the hurricane discussion.  

Action Items  

9.         Decision Regarding Proceeding with the Tropical Drive Portion of the Drainage Improvements By: D.             Bill Mathis, Town Manager  

Manager Mathis advised that approximately 9 Tropical Drive property owners had not returned the corrected documents for the drainage project. He stated he had hopes to receive more by the October 4^th Commission Meeting.  

Atty Spillias commented that there have been individual circumstances and requests that the Attorney and Manager have been trying to work through. He mentioned that one property owner request was for an Indemnification Agreement because of concerns with exposure to liability. Atty Spillias advised that an agreement could be recorded and then released if the project is not done.

Mayor Kaleel agreed that the Indemnification Agreement should be provided and also available to other property owners who request it.  

Comm Bingham moved to approve an Indemnification Agreement for the property owner at 20 Tropical Drive and any other property owners who request it, seconded by Comm Pugh.  

Motion carried - yea 3.  

Town Commission Comments  

11.       Discussion regarding Hurricane Frances  

Mayor Kaleel thanked Director Hillery and the entire staff for their commitment to the Town and their efforts during the hurricane.  

Director Hillery advised that his entire staff responded and worked through the storm. He stated that he was pleased with the employees and also thanked Mr. Storment Norem who provided accommodations at his funeral home and helped with accommodations at Bethesda Hospital for the officers during and after the storm.  

Mayor Kaleel advised that there were good and bad moments and that it was a learning process for everyone. He also mentioned that the only real complaint was access into Town. Director Hillery explained that access was denied for safety concerns and also because police communications were down. Director Hillery was pleased that there were no injuries to employees or residents. Mayor Kaleel questioned how the Town could better prepare in the future. Director Hillery advised that the communication system and phone lines could be improved.  

Mayor Kaleel commented that Ocean Ridge was one of the first Towns in PB County to have debris removal trucks for the first three days after the storm. He stated that Town Manager Mathis took quick action to have debris removed from Ocean Ridge and thanked the Manager and Waste Management. Mayor Kaleel also thanked the City of Boynton Beach for actions they took to protect the water supply to Ocean Ridge which was also one of the only Towns in the County that did not have a boil water alert. Mayor Kaleel felt that a reverse 911 system may help in the future to inform residents of emergencies and updates.  

Manager Mathis commented that the seawall on Island Drive was undermined during the storm and had begun to wash away. He stated that the FPL transformer was in danger of also falling into the water and that staff had been laying bags of secrete down to build up the area and protect the transformer until the homeowners can have the seawall repaired.  

Public Comment  

Patricia Kropp, 16 Tropical Drive , questioned why the police department used bull horns to tell residents to go inside of their homes after the storm. Director Hillery advised that he was not aware that anyone had been told to go inside their homes but that residents were asked to stay on their property because of safety reasons. He explained that there was a curfew in place and the officers needed to keep traffic to a minimum in order to maintain the integrity of the neighborhood.  

George Bierlin, 26 Hudson Ave. , stated that he was able to gain access to Ocean Ridge by using George Bush Blvd in the Town of Gulfstream . Mayor Kaleel advised that the Town of Gulfstream was not preventing access into the barrier islands and Director Hillery added that there was an agreement with Gulfstream to prevent access but they did not follow through.  

Town Engineer Tropepe commented that Ocean Ridge was very fortunate not to have looting problems and to have some of the debris removed so quickly. She advised that she is a Commissioner in the Town of Palm Beach Shores and they did incur burglaries and slow removal of storm debris. Engineer Tropepe stated the stormwater system worked very well and there was not significant stormwater damage or flooding. Engineer Tropepe felt that the stormwater lines should continue to be cleaned and maintained especially after a major storm in order to help keep the lines clear from debris. She also suggested that the landscape code for new homes be regulated carefully. Mayor Kaleel added that the Ordinance for keeping trees trimmed should also be enforced.  

Mrs. Magruder questioned if the brazilian pepper tree that fell sideways would be removed before it damages the Hammock. Town Manager Mathis advised that he would look into the matter.  

Comm Bingham mentioned that the two silverbutton trees in the Woolbright area near the Hammock that had fallen could be staked up and saved.  

John D’Amico, 5512 Old Ocean Blvd , commended the police department and expressed his appreciation. Mr. D’Amico also felt that the beach crossovers that were damaged should be repaired quickly because they were dangerous.  

Mrs. Magruder requested that the Town rethink the direction to notify property owners to clear obstructions within 6’ of the rights-of-way. She felt that if the rights-of-way are cleared it would look terrible.  

10.       Permission Request for Creation of Obstruction of Fence in Right-of-Way at 27 Hibiscus Way Which            Would Involve Hibiscus Way and Midlane Road – Bud and Gail Aaskov  

Gail Aaskov, 27 Hibiscus Way , advised that she was requesting a 4’ aluminum fence around her property 6’ from the pavement.  

Mayor Kaleel advised that the approval would be a license agreement and the Town could request the removal of the fence at any time in the future.  

Comm Pugh moved to approve the fence as requested by a license agreement with the Town, seconded by Comm Bingham.  

Motion carried - yea 3.  

Public Comment  

Bruce Gimmy, 12 Ocean Ave , stated that although a number of people complained about access into Town after the hurricane the Public Safety Department is in charge of determining when it is safe to allow access and they did a good job. He also commented that he was disappointed that his vehicle was struck and damaged at the last Regular Commission Meeting and no contact information was left.  

Richard Lucibella, 5 Beachway Drive , gave his condolences to Comm Bingham for the loss of her mother. He then stated that he remained on the island during the hurricane and saw first hand what kind of damage had occurred and mentioned the wires were down throughout Town. Mr. Lucibella advised that the police department had to have the roads blocked and did a fantastic job.  

Mayor Kaleel felt that the trees being trimmed would have helped prevent so many wires being knocked down and Comm Bingham agreed that enforcing the trees being trimmed would have prevented so much damage.  

Adjournment     

Meeting adjourned at 6:30 PM