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Town of Ocean Ridge |
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The meeting was called to order by Mayor Aaskov and roll call was answered by the following: Commissioner Bingham Commissioner Kaleel Commissioner Pugh Commissioner Schulte Mayor Aaskov Pledge of Allegiance Additions, Deletions,
Modifications and Approval of Agenda Mayor Aaskov requested to add a
discussion on the south entrance sign to the Town and a few miscellaneous items
to the agenda. Consent Agenda
1.
Minutes of
2.
Minutes of
3.
Minutes of Comm Kaleel moved to approve the
consent agenda, seconded by Comm Schulte. Motion carried - yea 5. Announcements and Proclamations 4.
Special Meeting will be held on Public Comment
None Public Hearings
None Regular Agenda Actions and Reports 5.
Action to Fill Appointments to Board of Adjustment and Planning and
Zoning Commission (Postponed) By: Karen E. Hancsak, Town Clerk Town Clerk Hancsak advised that resumes were received from
George Berlin and Stormet Norem for the Board of Adjustments. Comm Kaleel moved to appoint Mark Hanna and Rich Lucibella
as regular members and Stormet Norem and Barbara Souther as alternate members,
seconded by Comm Pugh. Comm Kaleel moved to appoint Mauro Walker and Jeff Lee as
alternate members to the Planning and Zoning Commission, seconded by Comm Schute. Motion carried - yea 5. 6.
Presentation RE: Injection Well Feasibility Study By: Lisa Tropepe,
Shalloway, Foy, Rayman, Newell, Inc. Town Engineer, Lisa Tropepe,
SFRN Inc., advised that there are two possible methods that she would be
discussing for the South End phase of the drainage project. Ms. Tropepe stated
that her company was hired to conduct a flood control study by the Town and that
the pump system was already chosen and the Federal, State and Regional permits
are in place for the South End phase and Hudson phase of the project.
Ms. Tropepe mentioned that the estimated cost of the South End and Hudson
phases was 4.4 million dollars and that 1.2 million has been issued in grant
money. Ms. Tropepe stated that a low interest loan application has been
submitted to the Florida Department of Environmental Protection so that the
balance of the project could be paid for by a low interest loan. Ms. Tropepe mentioned that
another possible method is using storm water injection wells instead of pumping
wells. Ms. Tropepe stated that South Florida Water Management has permitted
injection wells primarily in At this time Ms. Tropepe handed
out graphs describing the pumping wells vs. the injection wells regarding the
costs, long term usage, Town disruption and maintenance, and permitting
information. Ms. Tropepe explained that if
the Commission decided to conduct a test with an injection well the cost would
be approximately $20,000 to be sure that the system would work. Ms. Tropepe
advised that the pump force wells maintenance is low but would cost
approximately $959,000 to construct. She also stated the disruption to the Town
would be high because there would be a forty-eight inch pipe put four feet into
the ground along A1A. Ms. Tropepe stated the
construction time is approximately nine months and also that the permitting for
the force wells is complete. Ms. Tropepe advised that the life expectancy for
the force wells is fifty years, the technology has been proven, and it is
standard use in the industry. Ms. Tropepe explained that using
the injection wells as an alternative would cost approximately $415,000 to
535,000 depending on whether a pvc or steel based pipe is used. She explained
that the disruption to the Town would be low but there would have to be a
modification made to the permit already applied for. Ms. Tropepe stated that the
life expectancy is not as long and there is not a long term track record because
it is not standard in the industry. Ms. Tropepe advised her
recommendation would be to use what is standard in the industry. Ms. Tropepe
stated she was mentioning the injection well possibility because she felt it
could be used and wanted the Commission to be aware of another alternative. Ms.
Tropepe added that if the Commission wanted to go forward with the injection
wells the next step would be to construct a test well which would cost $20,000. Ms. Tropepe mentioned that there
are several wells in Ocean Ridge and they are currently working. Comm Kaleel
asked Ms. Tropepe if the pilot test for the injection well worked would she
recommend the injection well rather than a force well. Ms. Tropepe advised that
if a test injection well worked that she would probably suggest using the
injection well rather than a force well to reduce the disruption to the Town.
She also reminded that it is a $20,000 risk. Ms. Tropepe advised that
representatives from the Department of Environmental Protection and the South
Florida Water Management District have already accepted the system and will
permit injection wells. Comm Kaleel questioned the
difference of efficiency for the force well and injection well. Ms. Tropepe
advised that the pumping capacity would be the same. Ms. Tropepe stated that
even during high tide the pumps would kick on and the pumping capacity would be
the same. She explained that the water would drain into the Woolbright A1A area,
to the outflow and would travel down Comm Schulte questioned what the hesitation was for using the injection well. Ms. Tropepe advised that the hydrogeologist was not sure if the layer underneath the ground is confining. She explained that the underground layer must be hard because if the area is not confining the water will not flow back up when pumping. Ms. Tropepe also stated that the
detention pond water is pretreated but the water in an injection well is not
pretreated. Comm Kaleel asked if other
municipalities have had success using the injection system. Ms. Tropepe stated
the hydrogeologist would be better able to answer the injection well questions.
Comm Schulte asked if Ms. Tropepe could bring back more research information at
the next meeting. Comm Kaleel stated that it would
be foolish not to further investigate the injection wells as there is a half a
million dollar difference. Ms. Tropepe stated she did not want to bring the
hydrogeologist to the meeting unless the Commission was interested in the
injection well system but that the hydrogeologist would be available to come to
the next meeting and discuss the technical issues. There was a consensus for Town
Engineer Tropepe to obtain further information and research on the injection
well system and to bring the hydrogeologist to the next meeting. Don Pallaria, president of a
waste water treatment facility for Crown Colony, advised that there are two
injection wells in use approximately 2 to 3 hundred yards south of
7.
Authorize Shalloway, Foy, Rayman, and Newell, Inc. to proceed with the
construction phase for the South End and Hudson Avenue Drainage
Projection in an amount not to exceed $197,450 plus direct office
administrative fees, to be funded from the Capital Projects Fund
Town Clerk Hancsak summarized
the memo from Town Manager Dailey advising the Staff recommendation to approve
the Consulting Services Contract with SFRN for the construction phase of the
drainage project. Comm Schulte questioned if there
was a review of standard fees. Town Clerk Hancsak stated she was not certain if
Town Manager Dailey researched the fees or if standard fees were used. Town Engineer Lisa Tropepe
stated that the figures are based on approved hourly rates that are standard in
the industry. Ms. Tropepe also advised that between four to seven percent of the
construction cost is standard. Comm Kaleel moved to approve
staff recommendation to authorize SFRN to proceed with the construction phase
for the South End and Hudson Aveue drainage project, seconded by Comm Schulte. Motion carried - yea 5. Mayor Aaskov advised Item #8 would be postponed temporarily until landscaper Rob Barron arrived. 9.
Request for obstruction of paved parking area and four foot high aluminum
fence/landscaping in right-of-way east of Attorney Jared Cooper,
representing Mr. Mayer, stated that former Town Manager Gregory Dunham had
approved the permit with the obstructions in the right-of-way previously
submitted by Mr. Mayer and they felt the approval is binding. Attorney Cooper
advised that a paved area does not exist and there is no public interest or need
for the land. He also stated that other residents along the street have
obstructions in the right-of-way. Attorney
Cooper also mentioned the vegetation that was removed is being kept at a nursery
and the Mayer’s feel those plantings should be placed back in the original
position. Attorney Cooper stated that Mr. Mayer was requesting a formal
acknowledgement of former Town Manager Dunham’s approval. Lothar Mayer, Comm Schulte questioned why staff recommended against an aluminum fence and asked for clarification of what the staff was recommending. Town Clerk Hancsak advised that staff was recommending that the aluminum fence and the magnitude of the proposed landscaping not be approved. Mr. Mayer stated that he is
willing to negotiate what is put in the twenty-foot right-of-way and does not
understand why the Town would want nothing in the area. Town Attorney Spillias stated that several legal issues were raised. Attorney Spillias mentioned that former Town Manager’s approval acting as a zoning administrator does not constitute the authority to continue to approve anything in violation of the code. Attorney Spillias also advised that property owners are presumed to know what the law is and the code states obstructions cannot be put in the right-of-way. Attorney Spillias stated that he does not have a survey of encroachments for the other residents and if they are in fact in violation it is not a legal basis for the Town to allow further violations of the code. Town Attorney Spillias stated if landscaping was in the right-of-way it is not grandfathered. Attorney Spillias advised the right-of-way is the Town’s right-of-way and obstructions are subject to the Town removing them. Attorney Spillias suggested “no parking” signs be placed in front of the property. Attorney Spillias stated he
reviewed the City of Mayor Aaskov asked to hear from
the landscaper for the Mayer residence and stated as long as there was not a
fence, hedge, or wall that she was in favor of plantings. Mark Valant of Green Edge, Inc.,
Landscaper for the Mayer residence, stated that they could attempt to abide by
regulations but removing the landscaping would not look aesthetically pleasing
because the landscaping would all be pushed to the pool and there would be a
twenty-foot grassed area. Mayor Aaskov questioned what Mr.
Valant planned to put in the right-of-way. Mr. Valant advised that native
vegetation that was removed would be put back such as the seagrapes, silver
buttonwoods, coconut palms, etc. Attorney Cooper stated that
their plan was to put in a hedge along the length of the wall and put the
landscaping on the other side of the hedge. Comm Kaleel asked if they would
want to plant a hedge along the property line. Mr. Mayer advised he did not want
to do that. Mr. Mayer also stated that he had no problem signing an
indemnification agreement but if the Commission would not approve a fence or
hedge then he would not sod and grass the right-of-way because it is not his. Comm Schulte advised he was
willing to work with Mr. Mayer on something that would be mutually beneficial
and that did not interfere with any legal restrictions. Comm Bingham advised the new
code states hedges must be planted a certain amount of feet from the road. She
also stated that if a hedge grows into the right-of-way it would cause a hazard
to the area because it prevents walkers from getting through without going into
the road. Mr. Mayer advised that the area in question is a one way street and
they want a barrier to prevent people from parking there. Mr. Mayer also
mentioned they did not have a problem putting a hedge up to five feet from the
road as long as there is something put there. Comm Kaleel advised that this
right-of-way should be preserved and there is a need for the Town to retain it
for public use. Attorney Cooper advised that if it is determined that the Town
needs this right-of-way in the future for some use then it should be utilized,
however there are no immediate plans and therefore his clients should not be
prevented use of the right-of-way. Attorney Cooper also mentioned that the Town
has granted permission to other homeowners to put obstructions in right-of-way
and to deny Mr. Mayer the same is selective enforcement. Comm Kaleel stated he was not in
favor of putting the fence in. Mayor Aaskov stated she did not understand what
the objection would be to planting trees or having something other than a fence,
hedge, or wall. Comm Schulte stated he appreciates all the comments but
questioned if the area had to be unscreened. Comm Kaleel advised if the Town did
not have a use for the right-of-way than it should be abandoned but if an
obstruction is permitted then all obstructions will have to be allowed. Comm Kaleel stated that there is
a use for this right-of-way and that he would be willing to allow some plantings
but not a hedge that blocks off the right-of-way. Comm Kaleel also mentioned
that the nature of the right-of-way should be reserved. Attorney Cooper suggested that
the hedge could be planted in intermediate sections to allow for someone to be
able to walk through onto the right-of-way but also still prevent cars from
parking. Town Attorney Spillias suggested
that Mr. Mayer work with staff on a resolution and come back to the Commission
on the May 5th meeting. Mr. Mayor advised that he would prefer a
decision now. Attorney Spillias stated that unless Mr. Mayer was prepared to
design a plan tonight the only other option was to work with staff and bring it
back to the Commission. Comm Kaleel mentioned a plan would also have to be
consistent with the Commissions comments. Comm Schulte suggested staff
work with the homeowners on a reasonable solution that would be agreeable to Mr.
and Mrs. Mayer and the Town. Mayor Aaskov clarified that the eight coconut palms
and the original native vegetation could be included in the landscaping plan. Comm Bingham stated she was
concerned with the shrubs and proper maintenance to prevent them from growing
into the road. Comm Schulte recommended that the plan be approved for vegetation
only and that a fence or hedge cannot be put in. Attorney Spillias suggested
approving the concept of the idea of trees and shrubs planted no more than five
feet from the road and to delegate staff to work with the landscaper. Attorney
Spillias also stated that if there are areas of disagreement they could be
brought back to the Commission. Comm Kaleel moved to direct
staff to work with the landscaper to approve a landscape plan consistent with
the Commission comments and to approve the plan at an administrative level as
suggested by Attorney Spillias, seconded by Comm Schulte. Motion carried - yea 5. 8.
Request for Dune Trimming on Lot B owned by the Ocean Shore
Estates/Ocean Ridge Beach 52 Homeowners Mayor Aaskov stepped out during the discussion. Mr. Rob Barron stated that the Australian Pines were
previously removed and the plan is to fill the area back in as it previously
existed in the records and photographs from 1935. Comm Schulte moved to approve the plan as submitted,
seconded by Comm Pugh. Town Clerk Hancsak stated that
requirements were a $500.00 bond check which is returned after the inspection
and also proper temporary irrigation procedures. Mr. Barron stated the
vegetation would be hand watered and there were volunteer homeowners that would
be properly irrigating the dune. Mr. Barron also mentioned that the Department
of Environmental Protection would not allow installation of an irrigation system
and that temporary irrigation would have to be used. Comm Schulte amended his motion
to include the $500.00 bond check and proper temporary irrigation. Motion carried - yea 4. (Mayor Aaskov to fill a voter
conflict form) 10.
Authorization to solicit request for qualifications for Architectural
Services and report back recommendations By: Kathleen Dailey, Town Manager Town Clerk Hancsak summarized
the memo by Town Manager Dailey to proceed with seeking Architectural Request
for Qualifications for the approved $55,000 budget item for the renovation of
Town Hall and for staff to present recommendations at a future meeting. Comm Bingham moved to approve
recommendation as summarized by Town Clerk Hancsak, seconded by Comm Pugh. Motion carried - yea 5. 11.
Discuss correspondence from FDOT Re: Mayor Aaskov suggested that the
lot on the south side be renegotiated with the Florida Department of
Transportation. Comm Bingham stated when she sat on the Bridge Committee the
FDOT stated the last lot on All agreed the item would be
tabled. 12. Discuss relocating Town south entrance sign Mayor Aaskov stated that Town
Manager Dailey researched the feasibility of relocating the south entrance sign
into Town and the cost to relocate the sign would be $3,100 and a raised planter
would need to be put around the sign. Mayor Aaskov also stated that the
electrical installation in either location would cost an additional $1,700 and
if the sign is relocated it should be moved prior to the electric installation. Comm Kaleel stated he is in
favor of moving the sign but suggested the relocation be postponed until the
appearance of the sign is modified. There was a consensus to
postpone relocating the south entrance sign and to direct Town Manager Dailey to
research modification of the sign.
13. Discussion
of trash receptacles for the beach Barbara Barlage, Mrs. Barlage stated that the
Garden Club has researched and chosen trash receptacles from the Wausau Tile
Book, pg 9, style TF1022, 24”x36” in size, B6 brown color, weighing 640 lbs,
and a 24 gallon holding capacity. Mrs. Barlage also advised that the words
“Town of Ocean Ridge” and two color turtle logos would be placed on the
side. Mrs. Barlage stated that the
cost for each receptacle would be $337 plus shipping and logo costs and if at
least six were purchased there would be a discount. Comm Kaleel moved to approve 9
trash receptacles based on this cost with the Town purchasing 4 ½ and the
garden Club purchasing 4 ½, seconded by Comm Schulte. Motion carried - yea 5. Mr. Lother Mayer questioned if
the lighting along Adjournment Meeting was adjourned at ___________________________ Mayor Aaskov
Attest By: ___________________________ Commissioner Bingham
___________________________ ____________________________ Town Clerk Commissioner Kaleel
____________________________ Commissioner Pugh
___________________________ Commissioner Schulte
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