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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 I. Request to re-instate the one-half abatement of the outstanding Code Enforcement
Fine that was authorized at the Comm Kaleel moved to accept the half code enforcement
payment previously approved for the property at Motion carried - yea 5. II.
Discuss Questions and Concerns regarding the technical issues regarding
the Drainage Project with the Residents and Engineers Comm Kaleel commented that the
intention of the meeting was to relay the truths and concerns of the drainage
project and that personal attacks on the Commission and Staff would not be
tolerated. Town Attorney Spillias suggested
that the Town Engineers make their presentation and answer the questions
previously asked by the Commission and residents before any additional
discussion or questions are made. Atty Spillias also recommended that the
request for Special Exception be postponed until the next Regular Commission
Meeting scheduled for Comm Kaleel moved to postpone
the request for Special Exception until Motion carried - yea 5. Mayor Aaskov
mentioned that she had received the “Question and Answer” memo from the Town
Engineers and commented that it was very informative and suggested everyone read
it. Dan
Shalloway, SFRN President of the Town’s Engineering firm, requested that he
have an opportunity to give a slight history and presentation of the project to
address some of the possible questions. Engineer Shalloway stated that in 2000
the drainage process was started by discussing “levels of service” for
providing protection. He mentioned that levels of service are categorized by
storms referred to as 3 to 100-year storms. Engineer Shalloway explained that a
design for a 3-year storm represents a 33% chance of flooding within the three
year period and a 10-year storm design would be at 10%. He advised that most
coastal cities use a 10-year storm design and areas near major roads typically
use a 25-year storm design. Engineer Shalloway advised that the Town of Ocean
Ridge chose a 10-year storm design for their level of protection and also
advised the engineers that the Town was very price sensitive. He explained that
a number of alternatives were considered and a proposal was made for a system to
flow water to the Woolbright detention area with pumps because it was the least
expensive, had the ability to receive grants and would be permitable. Engineer
Shalloway advised that S. Florida Water Management has a basis of review
criteria for new construction and major retrofits that requires 1” of water
per hour be retained before discharge for stormwater treatment. He stated that
the criteria could not be met because the Woolbright area was not large enough
however they were able to demonstrate that they could improve the water quality
as much as possible before release. Engineer Shalloway also stated that the Lake
Worth Lagoon grant was awarded because they were able to provide the best level
of treatment possible. Engineer
Shalloway then responded to the questions submitted by Commissioners and
residents during the November 10th meeting. He answered that the
noise level of the pumps, according to the manufacturer, will emit 60-80
decibels during peak operation at approximately 250 feet. Engineer Shalloway
then opened the chamber doors and allowed the audience to listen to the Town’s
diesel generator that was running and read 70 decibels. He stated that the
operation cost difference of the electric pumps compared to the diesel pumps was
negligible. In regards to the questions if the park/detention area is wet or
dry, Engineer Shalloway answered that the park/detention area bottom is set
at-0.9’ NGVD so that it will be in a moist condition during times when it is
not raining. He advised that depending on the tide and rainfall the soils will
be saturated or be inundated less than two feet deep so that the submerged
aquatic vegetation will stay alive. Engineer Shalloway answered that the bottom
of the park/detention area can possibly be raised so it is dry between storm
events if they can demonstrate to South Florida Water Management that such a
modification to the permit is in the best public interest. He also mentioned
that the buffer around the park/detention area can be made larger within certain
limits. Engineer
Shalloway mentioned that the proposed system is not the only alternative however
it is the least expensive that the Engineer could design which meets the level
of service set by the Commission and still obtain a permit from SFWM. He also
commented that a preliminary design would have to be done to determine the cost
difference of utilizing stormwater injection wells. Engineer Shalloway stated
that the Commission chose the level of service that provides protection for the
10-year storm but they could choose a higher or lower level of service. Engineer
Shalloway answered that the cost to construct just the Northern portion that
includes the park/detention area, outfall pipe, pump station and the rerouted
piping would be approximately 1.7 to 2.0 million dollars. He explained that the
Town is receiving money from grants and other sources that include a Lake Worth
Lagoon Grant #1 for $493,000; LWLG #2 for $400,000; Federal 319 grant for
$300,000; and the FL Dept. of Transportation Joint Participation Agreement for
$240,000 which all together total $1,433,000. Engineer Shalloway also advised
that the Town would not be eligible for any grants if the park/detention area is
not built, however, the Town may still be eligible to receive a portion of the
money anticipated from the FL DOT ($240,000). Engineer
Shalloway answered that if the park/detention area, pump station and piping
leading to the North portion of the South Phase drainage project are not
completed and injection wells are used in the Tropical Dr. area, the drainage
from the Beachway/Adams area should have some improvements in drainage but it
will not receive a level of service of protection from a 10-year storm. Engineer
Shalloway also answered that if the project is delayed for several months the
Town might not necessarily lose all of the grant money. He explained that the
only grant that would be in jeopardy is the fist Lake Worth Lagoon grant for
$493,000 which expires in May 2004. Engineer
Shalloway explained several drainage project alternatives including constructing
the project as designed, modifying the project in a manner that attempts to keep
the grants by possibly constructing a deeper detention area (wet), constructing
a shallower detention area (dry), wider buffer, moving the pumps or utilizing
electric instead of diesel. He also mentioned other alternatives include
proceeding with the south half of the South Phase project, Hudson & Coconut
and placing the north half of the South Phase project on hold for reevaluation
or to place the entire South Phase project on hold and reevaluate and proceed
with Hudson & Coconut. Engineer Shalloway stated that considerations include
a need for high-level assistance to make decisions to proceed quickly in order
to save the first Lake Worth Lagoon grant, the cost to modify permits, and the
undetermined effect on the loan. Engineer Shalloway concluded that the matter is
very time sensitive and direction is needed in order to proceed with the
drainage project. Comm Schulte
questioned if the expenditures have to be used specifically for certain areas
including the detention area. Atty Spillias commented that the Lake Worth Lagoon
grant was awarded because of the requirements for pre-treating the water before
discharge. He also explained that they are matching grants that reimburse what
is spent in the construction phase of the project. Atty Spillias stated that any
money that is not spent by the grant deadline will be lost. Comm Bingham
questioned if the Engineers had done studies to determine how much of the
drainage relief is from cleaning the pipes. She also questioned if cleaning the
pipes and using injection wells in the south end could justify constructing a
smaller detention area. Engineer Shalloway stated the pipes are undersized and
he cannot quantify how much relief came from cleaning them but that using
injection wells will help with drainage relief. He also stated that the current
design does not meet the mandatory 1” criteria and SFWM would have to approve
modifying the retention area. Mayor Aaskov
questioned the purchasing and operating cost difference between electrical and
diesel pumps. Engineer Shalloway explained that the maintenance cost is
approximately the same however the purchase price is $200,000 more for the
electric. Comm Pugh
stated that if the original plan was to use the electrical pumps and diesel was
only chosen to save on the purchase cost then the electric should be used to
keep the concerns from the residents down. Comm Kaleel
questioned what would need to be housed for the electrical pumps and generator
vs. the diesel pumps. Engineer Tropepe explained that there will still be the
same amount of pumps whether electrical or diesel is used. She stated that the
diesel pumps will have to be housed and the electrical pumps will need to be
housed unless they are submerged with only one diesel generator. Comm Kaleel
stated that before the drainage project began the intention of the Town was to
call the Woolbright area a “park”. He commented that the concept was there
in 1999 and it is not a new idea. Comm Kaleel mentioned that he has concerns
with the tropical hammock vegetation. He
asked if the engineers could design a plan to preserve some of the natural
hammock area. Engineer Shalloway explained that a design could be made but he
did not know if the permit could be modified. He also stated that if he is given
direction he could attempt to get permitted a new design preserving some of the
hammock area and possibly have an answer in a couple of weeks. Public
Comment Atty
Spillias mentioned that the 195 page transcript was made available from the
Planning and Zoning meeting that detailed all of the questions and concerns. Patrick
Doyle, Mr. Doyle also questioned if the Town could be at any liability if the drainage project is postponed and injuries are incurred as a result of flooding or standing water. Mayor Aaskov stated that the drainage project is moving along. Comm Kaleel advised that the Commission appreciates and understands the concerns of the residents and commented that anyone can file a lawsuit for anything. Mr. Doyle
then commented that the P&Z’s recommendation to deny the request for
Special Exception should be taken with a grain of salt because he felt that a
large influence was made by one person who put undue sway on the decision of the
board. Comm Kaleel
mentioned that he spoke with Jim Bouser from the Town of Patricia
DeStefano, Earl Jones, Gerald Goray,
Richard
Lucibella, 5 Beachway N., asked how many acre feet of water the detention area
is designed to hold. Engineer Tropepe stated she would need some time to review
the answer. Mr. Lucibella then questioned if the plan for pre-treating water
included a volume of water standing for a certain amount of time before
discharge. Engineer Shalloway answered that theoretically the detention area
should hold certain water for an amount of time during some storms for
pre-treatment requirements. Engineer Shalloway explained that most pollution
discharge is during smaller rains after oil build up and that there is not as
much pollution concern during the heavier rains. Donald
Magruder, Dave
Collier, Town Atty
Spillias suggested that the Commission direct the Attorney’s office to contact
Comm McCarty, Senator Atwater and the appropriate agencies in order to request
an extension for the grant money. Comm Kaleel
stated that any decision made will not satisfy everyone and mentioned that he
would like to see the pond area raised, as much of the Hammock area preserved as
possible, electrical pumps used instead of the diesel, and a modified plan to
move the pump station as far away from the residents as possible. George
Bierlin, James
Bonfiglio, Engineer
Shalloway answered that sludge is not associated with stormwater but the
sanitary stormwater would need to be vacuumed out at least once a year for a wet
well and eventually all of the old plants would have to be bulldozed out and
replaced. He also advised that there is riprap rock placed on the outfalls to
keep the erosion down and that typically screening is not placed on the pipes
but steel rods could be placed on them. Jerry
Magruder, Town Manager
Dailey mentioned that the letter sent by Ed Buxton requesting the grant be
extended is not as simple as thought because the grant was originally sent
through the State Legislature and any amendments would have to go back through
the State Legislature for approval. Comm Schulte
stated that the issue is with the detention pond and that South Florida Water
Management is demanding it. He advised that if the pond is necessary to help
with flooding than the decisions need to be made on the details. Comm Schulte
also mentioned he was in favor of a dry detention pond and also agreed with Comm
Kaleel that the pond should be raised, the hammock should be saved as much as
possible, electrical pumps should be used and the pumps should also be moved
away from the residents as much as possible. Comm Bingham was also in favor
of the electrical pumps and dry detention area. She also stated that she felt
more buffer should be used and as much of the hammock area should be preserved
as possible. Town Attorney Spillias suggested
that before anything is presented or any decisions are made, that the request
for Special Exception be cancelled until final decisions are made. He also
mentioned that the grant extension needs to be worked on and would not be done
by December 1st. Atty Spillias also suggested that the Town Engineers
meet with the Engineer representing the homeowners and review their designs. Comm Schulte moved to table the
request for Special Exception and to bring back the drainage item on the
December 1st agenda, seconded by Comm Kaleel Motion carried - yea 5. Adjournment Meeting adjourned at 7:20 PM ___________________________ Mayor Aaskov ___________________________ Commissioner Bingham Attest By: ____________________________ ________________________ Commissioner Kaleel Town Clerk ____________________________ Commissioner Pugh ___________________________ Commissioner Schulte |
