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Regular
Town
Commission Meeting of the Town of Ocean Ridge held on
Monday, June 6, 2005
at
6:00 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 Hogan
Comm
Pugh
Mayor Kaleel
Manager
Mathis was absent with notice.
Pledge of
Allegiance
Additions, Deletions,
Modifications and Approval of Agenda
Consent Agenda
1.
Minutes of the
Regular
Town
Commission Meeting of
May 2, 2005
2.
Minutes of the
Open
Town Hall
Meeting of
May 23, 2005
3.
Confirm the Hiring of a 30 Day Temporary Maintenance Employee with
Approximate Total Expenditure of $2,500 Funded from the Contingency
Account
Comm Allison moved to approve
the Consent Agenda, seconded by Comm Pugh.
Motion carried - yea 5.
Announcements and Proclamations
4.
The July Regular Town Commission will be held on
Monday, July 11, 2005
at
6:00 PM
and
the August Meeting will be held on
Aug. 8, 2005
at
6:00 PM
5.
The Town’s First “BEACH BASH” will be held on
Saturday, June 11, 2005
from
4:00 PM
– 8:00 PM
on the beach and on
Old Ocean Blvd. between Adams and
Beachway Drive
Mayor Kaleel read the above
announcements.
Public Comment
Patricia Kropp,
16 Tropical Dr.
, stated that the new street signs were great but felt directional signs for the
public beach would be beneficial.
Justus Brown,
39
Coconut Lane
, questioned the status of the
drainage on
Coconut Lane
.
Mayor Kaleel advised it would be discussed during the Engineer’s Report.
Bruce Gimmy,
12 Ocean Ave.
, stated he was speaking on behalf of himself and Mrs. Ackerly of
31 Coconut Lane
to express their concern with the standing water behind
Coconut Lane
and questioned if there was a solution.
Richard Siebel,
2
Oceanview Dr.
Unit 1, commented that taxes have
gone up and felt the possibility of converting the Town to sewers and
underground utilities should be reviewed. Mr. Siebel also commented that the
land development code should be simplified to allow for easier construction.
George Bierlin,
26
Hudson Ave.
, advised that the drainage
project has been in process for almost a year and that there are still two lots
on the south side of Hudson that are below grade and underwater. He stated that
he was in favor of working with homeowners but that there are codes regarding
stagnant water. Mr. Bierlin also commented that the no seeum program is working.
Cheryl
Olanoff,
566 David Lane
, thanked everyone involved with the drainage project and stated that the
improvements saved her house.
Public Hearings
6.
An application submitted by Curtis D. Meade, Inc., Post Office Box 3459,
Boynton Beach, FL 33424, representing owner, 6019 Old Ocean Blvd. Land Trust,
requesting a development permit from the provisions of the Land Development
Code, Chapter 67; Buildings and Building Regulations, Article 2; Coastal
Construction, Section 67-17; Coastal Construction and Excavation Setback Line;
Sub-Paragraph (a); Setback Line Established; and Sub-Paragraph (h) Existing
Structures to permit the construction of a 14’x41’ pool and deck extending
184.2’ east of the Coastal Construction Line (CCCL) at 6019 Old Ocean Blvd. or
legally described as Lots 9 and 10, Block 4, Amended Plat of part of Boynton’s
Subdivision (exact legal description located in the Clerk’s Office)
Comm Bingham moved to approve
the application as submitted by Curtis D. Meade, to permit the construction of a
pool deck extending 184.2’ east of the Coastal Construction Line, seconded by
Comm Allison.
Motion carried - yea 5.
Regular Agenda
Reports
7.
Town Manager
Manager Mathis was absent with
notice.
8.
Town Attorney
Atty Spillias did not have any
reports at this time.
9.
Chief Hillery
Chief Hillery advised that
pumping behind
Coconut Lane
had started today however the pump broke and would be fixed tomorrow. He stated
that they would continue pumping and try to get all of the water out but a
tremendous amount has been relieved.
10.
Town Engineer (SFRN, Inc.) – Drainage Update
Engineer Tropepe stated that 6
inches of water fell within 6 days and that all roads in Town were checked and
are dry. She explained that there is not a plan for the alleyway behind Coconut
but that new houses are now required to build at a higher finished floor
elevation. Engineer Tropepe advised that a proposal was received from Chaz
Equipment Company to fill the low lots on
Hudson
and no response has been received from the property owners.
Comm Bingham commented that the
street flooding problem was corrected on
Hudson
but that there now seems to be standing water on the property. She also
mentioned that the lots are already soft and have encroachments which may
present problems. Engineer Tropepe advised that they can possibly conduct soil
boring in the future but attempted contact with the property owners has met with
negative results.
Mayor Kaleel asked for Engineer
Tropepe to bring back a proposal for a short term solution in the alleyway
before hurricane season. Engineer Tropepe mentioned that notices could be sent
to the owners to remove the encroachments in the meantime.
Engineer Tropepe stated that the
Lake Worth Lagoon Grant application was submitted for drainage improvements to
Coconut Lane
and that the next step will be to give a presentation on why the grant is
needed. She also mentioned that there are 11 different applications for portions
of the grant funding. Comm Hogan commented that one of the applications was a
county project for the beach re-nourishment and that people should be aware that
everyone benefits from the beach nourishment and not just Ocean Ridge.
George Breyer,
4 Coconut Lane
, advised that he and Terrence Cudmore are building two new homes at 4 &
5 Coconut Lane
and are also in the process of purchasing
10 Coconut Lane
. He stated that the older homes on Coconut are built at street level and the
lots are not absorbing water. Mr. Breyer felt that
Coconut Lane
is the most likely street to be seen when entering and leaving Town and that
the drainage should be addressed. Mayor Kaleel advised that the Town Engineer is
working a short term fix and a long term solution. Mr. Breyer advised that he
and Mr. Cudmore desire to be good neighbors and offered any help needed.
ACTION ITEMS
11. Request
on Reimbursement on Legal Fees for Former Commissioner Schulte By: D.
Bill
Mathis, Town Manager
Mayor Kaleel stated that Mr.
Schulte submitted a detailed request for reimbursement in the amount of
$17,273.38 for his defense costs regarding two different occasions that he had
to defend himself while serving as Commissioner.
Comm Hogan moved to submit the
request to the Town’s insurance provider for their review and analysis and
bring back the report to the Commission, seconded by Comm Bingham.
Motion carried - yea 5.
Atty Spillias advised that the
Commission should keep in mind that this is a policy issue and must be made for
a public purpose. He suggested that the Town let the insurance company review
the claim and determine what can legally be reimbursed.
Comm Hogan commented that the
political arena is very difficult and she is sympathetic to everyone involved in
public service. She also felt that the Town was a wonderful place to live and
the residents should be good neighbors and good citizens. Comm Hogan stated that
the Town should do its’ due diligence and reimburse what can be legally paid
without adding additional problems.
Comm Bingham concurred and felt
it was a shame that Mr. Schulte had to incur legal expenses. Comm Pugh also
agreed and felt the Town should reimburse Mr. Schulte the entire amount and
submit the claim to the insurance company.
Mayor Kaleel stated that the
Commission and Elected Officials should be protected and felt Mr. Schulte should
be reimbursed 100% of what the insurance company determines is allowable
expenses.
Public Comment
Rich Lucibella, 5 Beachway N,
appreciated the motion but felt the Commission should instruct the Town Manager
and Attorney to review the bills submitted and bring back a recommendation.
Comm Pugh moved to direct the
Town Attorney to review the legal paperwork and bring back a recommendation
within 60 days, seconded by Comm Allison.
Motion carried - yea 5.
12.
Discuss Public Officials and Employees Practices Liability Insurance By:
D. Bill Mathis,
Town Manager
Mayor Kaleel advised that the
Town received a quote from American Home Assurance Co. (AIG) in the amount of
$10,425 for an Errors and Omissions policy for public officials.
Atty Spillias explained that the
FMIT and AIG policies were similar however the AIG policy provided a broader
range of coverage. He also mentioned that AIG would not enter into a settlement
agreement without consent but FMIT would possibly settle without consent. Atty
Spillias stated that the Florida League of Cities advised that the E&O
coverage and the Extra Legal Expense were covered in the overall general
liability coverage cost of $45,788 and the approximate breakout cost of the
E&O is $5,021. He also stated that the Florida League if Cities currently
provides the General Liability, Property, Automobile, and Worker’s
Compensation coverage for the Town and could not terminate a portion of the
overall coverage.
Comm Pugh moved to purchase the
additional Errors & Omissions Policy provided by AIG in the amount of
$10,425 from the contingency fund, seconded by Comm Hogan.
Motion carried - yea 5.
Resolutions
13.
Resolution No. 2005-10; Approving and Authorizing Execution of the
Interlocal Agreement
for Disaster
Debris Management between the Town and the Solid Waste Authority
Comm Hogan moved to approve
Resolution No. 2005-10, approving and authorizing execution of the Interlocal
Agreement for Disaster Debris Management between the Town and Solid Waste
Authority, seconded by Comm Pugh.
Motion carried - yea 5.
Second
Reading
, Public Hearing and
Adoption of Ordinances
14.
Ordinance #556; Creating Chapter 14 of the Town Code to Provide the Terms
and
Conditions
for the Erecting, Constructing, and Maintaining of
Telecommunications
Facilities in the County’s Public Rights-of-Way for the Provision of Telecommunications
Service; Providing Intent and Purpose; Providing Definitions; Providing
Registration;
Providing for Fees and Payments; Providing for Reports and Records; Providing an
Underground Installation and Relocation Clause; Providing an Involuntary Termination of
Registration Clause; Providing a Police Power Clause; Providing for Transfer of
Control,
Sale or Assignment; Providing for Insurance, Surety, and Indemnification;
Providing a
Construction Bond Clause; Providing a Security Fund Clause; Providing for
Enforcement
Remedies; Providing for Reservation of Rights; Providing a Codification
Clause;
Providing a Conflicts Clause; Providing a Severability Clause
Comm Bingham moved to adopt the
Telecommunications rights-of-way Ordinance #566 on second reading, seconded by
Comm Pugh.
Motion carried - yea 5.
Town
Commission Comments
15. Discuss
Sea Turtle Lighting on
Old Ocean Blvd.
By: Comm Allison
Comm Allison mentioned that it
was turtle season and the Town could be doing a better job enforcing the street
lighting and residential lighting on the beach.
Chief Hillery commented that there are
volunteers that review the lighting and report back to the police department
areas that need to be addressed.
Mayor Kaleel suggested that the acquaintance of Comm
Allison review the lighting at night and report to the police department.
16.
Discuss
Ocean Avenue
Landscaping By: Comm Bingham
Comm Bingham stated that she was
not pleased with the landscaping on
Ocean Avenue
and mentioned that there are a few residents that are willing to work on a
landscape plan for
Ocean Avenue
. Mayor Kaleel stated that the residents could volunteer ideas and bring them
back to the Commission but he was not in favor of appointing a committee. The
Commission concurred.
17. Discuss
Workshop to review the Town Hall Architectural Plan
Mayor Kaleel requested that Town
Clerk Hancsak call Commissioners to schedule a workshop to review the second
phase of the Town Hall plans with
Digby
Bridges
and Marsh Architects.
Adjournment
Meeting adjourned at
7:35 PM
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