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Town of Ocean Ridge |
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The meeting was called to order
by Mayor Kaleel and roll call was answered by the following:
Commissioner Allison
Commissioner Bingham Mayor Kaleel Pledge of
Allegiance Additions,
Deletions, Modifications and Approval of Agenda Mayor
Kaleel requested to move item #14, Ordinance #556 regarding Telecommunication
Facilities before the reports. Manager
Mathis requested to move item #4 regarding street paving before #11 in the
action items. Consent
Agenda
1.
Minutes of the
2.
Authorize Funding in the Approximate Amount of $500 for
Commissioner Hogan to Attend Institute for Elected Municipal
Officials in June 2005 from the Commission Travel Budget
3.
Authorize Scheduling the July Regular Commission Meeting for Comm
Allison moved to approve the agenda and consent agenda as amended, seconded by
Comm Bingham. Motion
carried - yea 5. Announcements and
Proclamations
5.
Town Commission will hold an Open Town Hall Meeting on
6.
Proclamation Declaring May 2005 as “Civility Month”
Mayor
Kaleel read the above announcements. Public
Comment There
was no public comment Regular
Agenda First 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 Manager
Mathis introduced Attorney Ila Feld of Leibowitz and Associates who was
representing the Town regarding the Telecommunications Ordinance. Atty Feld
explained the context of the ordinance and stated that there may be several
providers that want to come into or through the Town. She advised that there are
four categories including wired telephone companies, wireless operators, cable
operators and satellite companies. Atty Feld explained that they need to be
classified because they are regulated differently and it is necessary to have an
ordinance to regulate telephone providers. She also mentioned that the Town can
request registration fees, application fees and updates, however the Town cannot
request franchise, rental or leasing fees. Atty
Spillias advised that the Chapter of the ordinance would be 14 and that there
were minor grammatical changes. He stated that on pg. 13 regarding security
funds the amount would be added to read, “no less than $5,000”, and also on
pg. 37 regarding the security fund would be changed to $5,000 from $25,000. Comm
Bingham questioned if bonds and fees would impact the cost of service. Atty Feld
advised that the fees requested are on the lower end of what municipalities
request and the service providers could answer any questions regarding rate
changes. Comm
Pugh moved to approve Ordinance #566 on first reading, seconded by Comm Bingham. Motion
carried - yea 5. REPORTS 7.
Town Manager Manager
Mathis advised that he and Mayor Kaleel met with representatives from FDOT and
the Landscaping representative that will be working along Comm
Allison questioned if the widening would be 3’ and Manager Mathis advised it
would be. Comm
Bingham asked if Manager Mathis received a survey from FDOT and he answered that
he had not. Comm Bingham felt a survey would be beneficial to the residents to
see where the widening would be done. 8.
Town Attorney Atty
Spillias stated that he received the Pubic Officials policy from AIG and
compared it to the current policy provided by Florida League of Cities. He
advised that the policies were similar and explained the differences were that
the AIG policy provided a broader range of coverage and that AIG would not enter
into a settlement agreement without consent but the FLOC can enter into a
settlement without consent. Mayor
Kaleel requested that staff bring back a complete breakdown of the coverage and
costs between the policies. Atty
Spillias gave an update on the Cantor/Abercrombie code enforcement case. He
advised that the Special Master had requested that both attorneys submit their
final presentations in writing. He stated that he received a draft settlement
agreement submitted by Mr. Cantor’s attorney which he revised to stipulate
that the present use of the property was in violation and would end December 31,
2005 failing which could constitute a $250 daily fine. Atty Spillias also wanted
separate stipulation agreements so that Abercrombie and Kent agree they are
jointly liable for code enforcement violations. He added that if the case
continued into litigation the current use of the property would still remain
through December. Atty Spillias advised that staff was working on scheduling the
case with the Special Master on May 10th. Comm
Allison questioned what length of time was considered residential use and Atty
Spillias advised that anything over 30 days was interpreted as residential use
but it should be discussed as a policy issue in the future. Mayor
Kaleel requested that Atty Spillias bring back suggestions for amendments to the
code and definitions for non residential use. Public
Comment James
Bonfiglio, 9.
Chief of Police Police
Chief Hillery was absent with notice. 10.
Town Engineer (SFRN, Inc.) – Drainage Update Engineer
Dan Shalloway was present and stated that the South Phase Drainage Project had
recently started and nothing unexpected has happened. He advised that there
would be more to report next month when they are well into the project. Comm Allison questioned if the area would stay at the current elevation. Engineer Shalloway stated that Engineer Tropepe would be able to answer the technical questions but that where there is vegetation the elevation would remain the same. Public
Comment James
Bonfiglio, ACTION
ITEMS 4.
Authorize Phase I of Paving Utilizing the $50,000 of Budgeted Monies By:
D. Bill Mathis, Town Manager Manager
Mathis stated that if the Commission approves both the Paving project and
Mosquito/No Seeum spraying there would not be enough funds in the contingency
account to fund both projects. Mayor
Kaleel asked what the balance was in the fund balance. Town Clerk Hancsak
advised that there is approximately 2 million in fund balance and the balance
could be funded from the fund balance. Comm
Allison moved to approve Phase I of Paving utilizing the $50,000 of budgeted
monies and the remaining $22,810 from fund balance, seconded by Comm Pugh. Motion
carried - yea 5. 12.
Discuss and Authorize Expenditure of $41,000 from the Contingency
Account to Fund Midge (No Seeum) Control in an Amount of $41,000 from the
Contingency Account for Six Months (Weekly) in 2005 By: D. Bill Mathis,
Town Manager Douglas
Wilson, Clarke Mosquito Control, explained that the process is not 100% and it
is a system that works over time. He advised that the program utilizes truck
spraying and barrier applications in and around the most affected areas. Comm
Allison question what chemicals are used in the treatment. Mr. Wilson advised
that all pesticides used will be in the synthetic pyrethroid family of products.
He explained that pyrethoids are derived from the Chrysanthemum plant, which is
a natural toxin to mosquitoes and no seeums. Mayor
Kaleel questioned if access would be needed to private property. Mr. Wilson
stated that he would need to have access onto some of the properties in order to
reach the mangroves behind homes and to do the barrier treatments. Manager
Mathis asked if a hold harmless agreement should be obtained for the properties
that need to be accessed for barriers. Atty Spillias advised that agreements
should be obtained before entering on private property. Comm
Hogan moved to employ Clarke Mosquito Control at a cost of $34,250 for the
remainder of this fiscal year from the contingency account to spray for
mosquito’s and no seeums as outlined in their proposal subject to the Town
Attorney approving the contract and to begin barrier treatments once the hold
harmless agreements are executed, seconded by Comm Pugh. Motion
carried - yea 5. 11.
Action to Fill Appointment to Board of Adjustment (Postponed) By: Karen Comm
Bingham moved to switch Gail Aaskov from an alternate to a regular member on the
Board of Adjustment, seconded by Comm Hogan. Motion
carried - yea 5. Comm
Allison moved to appoint Joseph Belmonte as an alternate member on the Board of
Adjustment, seconded by Comm Pugh. Comm
Hogan advised that she felt a letter which was recently written by Mr. Belmonte
was one sided and she could not consider him as a member for the Board of
Adjustment. Motion
carried - yea 4
Allison, Bingham, Kaleel, Pugh
nay 1
Hogan 13.
Discuss the Town’s First “Beach Bash” Scheduled for Mayor
Kaleel advised that the beach bash would be held on June 11th and
also that resident Cindy Martell has volunteered to help organize. He mentioned
that prices were received and a location needed to be chosen. Jerry Magruder, Comm Bingham moved to
approve the Beach Bash in an amount not to exceed $7,500, seconded by Comm Pugh. Motion carried - yea 5. SECOND
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