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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 Pugh Commissioner Schulte Mayor Aaskov Action Items 3. Presentation by Florida Department of Environmental Protection regarding FDEP Policy on Dune Vegetation 4. Discuss Dune Vegetation Policies on Amending Code Mr. Taynton mentioned that the
dune needs to be protected and kept as strong as possible as it is a border and
boundary between the land and ocean. He also stated that many of the issues are
usually regarding what can be done with the sea grapes. Mr. Taynton advised that
the FDEP guideline explains how to trim the sea grapes and what can be done. Mr. Taynton explained that sea
grapes are used as stability and retention of sand to protect the dune from wave
action, water runoff, drainage, and erosion control. He also stated that sea
grapes are also used as a wall barrier to protect the sea turtles from light
exposure. Mr. Taynton said the guideline states that sea grapes can be trimmed
1/3 of the height or 1/3 of the leaf area annually, not to expose any additional
light projected to the beach. Mr. Taynton clarified that the intent of the
guideline was to allow reasonable sea grape trimming. Mr. Taynton advised that there
are two ways in which to avoid additional light exposure on the beach. He stated
the first is to not cut the sea grapes and the second is to remove the lighting
or bring the lights down to the ground so that they do not travel across the
dune onto the beach. Mr. Taynton stated that there
are unprotected street lights and heavy residential lighting in Town that could
be easily corrected to allow more sea grape trimming on the dune. Mr. Taynton
advised that the guidelines were developed for state wide use. He stated that in
his opinion there were some sections in the guideline that make it difficult to
work with strictly in Ocean Ridge. Mr. Taynton also stated that he felt in
extremely fast growing vegetation areas in Town, a permit could be issued for
trimming more than once per year. Mr. Taynton explained that the
guidelines state that the property owner will evaluate the lighting, however, he
would be willing to inspect and assist with the lighting concerns. Mr. Taynton
also mentioned that he could issue a “field permit” which is actually an
approved guideline from the State. Mr. Taynton mentioned that if he
observes exotic vegetation while inspecting a dune for sea grape trimming he
would add a stipulation to the permit that the exotic vegetation be removed. Mr.
Taynton explained that he is trying to encourage people to work together to
protect the dune and sea turtles on a positive basis. He also advised that the
Town could create a tougher sea grape trimming ordinance than FDEP but it would
be strictly regulated by the Town if it is beyond the State guidelines. Mr.
Taynton stated that if the Town created a sea grape trimming ordinance it would
still have to meet State regulations and he cautioned putting together
ordinances that would cause confusion. Mr. Taynton advised he would be happy to
assist the Town and would like to encourage using the State guidelines as they
are the only regulations he can enforce. Mr. Taynton stated that the
majority of sea grape trimming requests he has received have been from Mr. Taynton explained that
currently there is a concern with the 52 Association because there is no real
authorized board member to approve sea grape trimming. Mayor Aaskov stated that
a committee had been formed with six members that have signed a contract to take
responsibility. Mayor Aaskov also questioned
what could be done for sea grapes that are on one resident’s property but are
growing over onto another resident’s property. Mr. Taynton stated that
regarding property line issues he would need authorization from the property
owner where the sea grape is planted in order to grant a permit to trim
according to the guidelines. Mr. Taynton mentioned that he would encourage
neighbors to come to an agreement as a courtesy regarding trimming of the sea
grapes near property lines. Meghan Conti, Environmental
Specialist for Florida Fish and Wildlife Conservation Commission, advised she
was a lighting coordinator throughout the State and encourages managed lighting
in order to protect the sea turtles. Ms. Conti mentioned that there are several
solutions to correcting lighting problems on the beach and that street lights
are the number two cause for sea turtle disorientation throughout Ms. Conti mentioned that the
City of Comm Kaleel stated that the dune
vegetation guidelines seemed subjective and questioned if there was a Statute to
reinforce the guidelines. Mr.
Taynton stated that there is one Florida State Statute that states “one shall
not damage a sea grape” and that the FDEP is responsible for the protection of
the dune and vegetation. Mr. Taynton also stated that he does not enforce the
guidelines but there are inspectors for the State of Comm Kaleel questioned how often
the guidelines are updated or modified by FDEP. Mr. Taynton stated that the
guidelines and information have been the same for the four years that he has
been involved. Comm Kaleel also questioned if it would be difficult for the Town
to objectively enforce the guidelines. Mr. Taynton stated the Town would be
authorizing enforcement of their ordinance and that any consistent and effective
enforcement of a standard program would not be crystal clear. Mayor Aaskov questioned if the
Town could mandate that property owners remove the exotic vegetation on the
privately owned dunes. Mayor Aaskov also questioned what can be done to enforce
beautification to the Town. Mr. Taynton advised he encourages removal of exotic
vegetation with good public contact and education. Mr. Taynton explained that
removal of exotics is exempt from permitting but to replant the cleared areas
does require a permit. Mr. Taynton mentioned that he is willing to work with
property owners by issuing field permits for good vegetation to avoid going
through the State permitting process which is timely and costly. Comm Bingham questioned how the Town could encourage or remove the saw palmetto and other invasive vegetation. Mr. Taynton stated that property owners are not required to remove invasive plants but removal could be encouraged. Mr. Taynton also stated that he
is willing to inspect and authorize full removal of native dune plants that are
embedded with invasive vegetation in extreme cases. Public Comment Cheryl Olanoff, Carlyn Mayer, Robert Barron, landscape
consultant, stated he would like to give the Town valuable information regarding
the history of the Interim Pruning Guidelines. Mr. Barron stated that in 1996 Mr. Barron requested the
Commission add a modification paragraph to the existing dune ordinance which
stated “Scrub zone vegetation on the coastal dune may be trimmed to not lower
than three feet above the existing grade, provided that area exposed by the
pruning shall be re-vegetated with scrub type species at a minimum planting
density of one three gallon plant per square yard, or two gallon plants per
square yard”. Comm Kaleel said that the
paragraph that Mr. Barron read contradicted what was stated by Mr. Taynton. Mr.
Barron said he believes that dune restoration can be done and the lighting
problem can be solved. Mr. Barron distributed a
photograph from many years ago of the dune which did not show seagrapes. He
advised that the seagrape trees have killed off the original natural vegetation
and there is no scientific reason to preserve seagrapes. Mr. Barron also
mentioned that the Town could create an ordinance that would allow property
owners to trim the seagrapes to three feet and he felt that enforcement as
stated by Mark Taynton from FDEP is not a good policy. Mr. Barron concluded by
requesting the paragraph he read be added to the trimming ordinance and seagrape
windowing should be removed. Comm Kaleel asked Mr. Tayton
about the concept of windowing the seagrapes. Mr. Taynton advised that widowing
is done for aesthetic reasons and is also done to block the lighting and allow a
view. Comm Pugh questioned if Mr.
Taynton would approve a twelve foot seagrape to be cut to three feet. Mr.
Taynton stated that it would depend on the girth of the tree and if it is very
large he would send the permit request to Comm Kaleel mentioned that the
guidelines address six feet or higher and questioned if trimming could be done
six feet and lower. Mr. Taynton stated that any trimming below six feet would
require a permit. Bud Aaskov, member of the 52
Homeowner Association, asked if existing seagrapes with a six foot trunk were
removed would a tree grow back in its’ place. Mr. Taynton stated that the
seagrapes would grow back in. Comm Kaleel said that he does
not like the subjective nature of the FDEP guidelines but he also does not
disagree with Mr. Taynton. Comm Kaleel stated that the State should control the
seagrape trimming if the guidelines work in favor for homeowners. Comm Bingham said she felt that
FDEP was making an exception to the seagrapes because they are the easiest to
use to control the lighting on the beach. Mr. Taynton stated that major advances
in lighting have been made in the past two years. He also commented that the
State takes the position that it if the native vegetation is already there they
do not want to disturb it but may look at each request on an individual basis. Lothar Mayer, Mr. Barron then suggested that
the Town ordinance be abolished because of the cost involved with obtaining
permits. Comm Schulte asked Mr. Barron in
what way the seagrapes caused more damage than the Australian pines when
Hurricane Andrew occurred. Mr. Barron answered that the seagrapes were knocked
over easier than other trees. Mr. Taynton said if the lighting
is changed it would make permitting for trimming easier. Comm Schulte suggested
that the lighting along Ms. Conti mentioned that funds
are available for retrofitting street lights and also that grant funds are
available for municipalities through such things as the sale of the sea turtle
license plates. Comm Kaleel questioned why the
street lights are needed all the way down the street. Mr. Taynton stated the
Department of Transportation has standards and Ms. Conti commented that
residential perception is an issue. Mr. Taynton advised that some
municipalities have no ordinance. Comm Kaleel stated that even if the FDEP
guidelines were adopted there should be some kind of nuisance permitting
application in order to know what is going on in Town. Town Clerk Hancsak
advised that currently requests are made administratively per the originally
approved guidelines and that a permit from the Town level should still be
required. There was a consensus to adopt FDEP guidelines with administrative permitting.
5.
Discuss Injection Wells relating to Drainage Improvements (Presentation
by Lisa Tropepe,
Town Engineer and Gerhardt M. Witt, Hydrogeologist) Lisa Tropepe, Town Engineer, stated she was asked by the Commission to provide more information on injection wells and introduced hydrogeologist Gerhardt Witt to review the technical questions on injection wells. Gerhardt Witt, Principal
Hydrogeologist, stated that he worked on an injection well in Mr. Witt stated that
historically he has tracked injection wells down from the 1940’s that are
still in operation. He also mentioned that in some cases the steel casings have
rotted because of salt water and have been replaced with pvc pipe. Mr. Witt
stated that injection wells are reasonable and successful for removing
stormwater but there are also risks and concerns with injecting stormwater into
the ground. He also commented that in coastal communities those risks and
concerns are relatively minor provided they are not withdrawing water from the
aqua-fir system and there is proper confinement. Mr. Witt then advised that the
difference between a package plant injection well and stormwater injection well
is that a stormwater well is relatively cleaner. He also stated that the
stormwater wells are smaller and are approximately 24 inches in diameter. Mr.
Witt mentioned that the probability of a stormwater injection well working would
de determined by the confining layer and a test well would find and determine
the confining layer. Comm Schulte questioned if there
would be any pressure from Federal Agencies to stop wastewater wells from being
used. Mr. Witt stated that there is encouragement in some areas and totally
against the wells in other areas. Comm Schulte questioned the
concerns with pumping near salt water. Mr. Witt mentioned that some problems
have been with bad casing seals or casings that rotted because there is more
salt water being pumped through steel casings that were not designed for the
heavy salt concentration. Comm Kaleel stated that it would
be foolish not to attempt a test well based on the savings in cost involved. Ms.
Tropepe suggested that an additional test well be funded for the Mr. Witt stated that it would be
the best solution to use a well at Mr. Witt explained that if he
finds no success and determines it cannot be done he would not proceed with a
second well. Mr. Witt stated that if he does not find a confining layer at all
he will stop the process immediately. There was a consensus to fund
the testing of the first well and if successful proceed with a second well. Comm Schulte asked for a
proposal to be presented at the Commission Meeting on Adjournment Meeting
adjourned at ___________________________ Mayor Aaskov ___________________________ Commissioner Bingham Attest By: ____________________________ ________________________ Commissioner Kaleel Town Clerk ____________________________ Commissioner Pugh ___________________________ Commissioner Schulte |
