Summary
To: Town Commission
From: Micah Maxwell, Town Manager
Date: 11/23/2015
______________________________________________________________________
Subject:
Title
Discussion - Hallett Park Maintenance
Summary:
This is a discussion about the maintenance of vegetation in of the Hallett Park, specifically the vegetation below the edge of the embankment.
End
Body
Previous Commission Action:
N/A
Background/Problem Discussion:
Staff has found conflict between several documents and ordinances within town as it relates to bluff maintenance in Hallett Park and would like some direction on how to proceed.
General Ordinances
The town’s Master Landscape Plan was adopted in 1992 and amended several times the last being in 1997. Reference is made in section 50-2 and it requires adherence to the plan.
Master Landscape Plan
There are two elements to the Master Landscape Plan, the plan itself, which consists of park layouts for each park in town (in possession as of the 1997 amendment), and a document entitled Grounds Maintenance Specifications. The plan for the parks requires adherence to as it relates to placement of items within the park such as amenities and trees. Should there be a deviation from the plan, such deviation must be approved by the Town Commission. While all of the recent parks renovations did get approval from the Town Commission, apparently installation of items inconsistent with the plan occurred as far back as 1992 and were a regular activity.
Grounds Maintenance Specifications
The Grounds Maintenance Specifications were a companion document to the Master Landscape Plan. They include very specific direction, some required and some allowing for administrative adjustment. The document is difficult to understand in many places due to the fact that it was converted from bid specifications for contracted maintenance of the system to general specifications governing staff or town contractors. In reviewing the specifications, there are several items that give staff the ability to decide the level of maintenance, however the specifications very clearly require that mowing of the slope vegetation of the Hallett embankment needs to be mowed using a sickle arm mower with a 12-15 foot reach and cutting at a 30 degree angle. The required frequency is whenever the vegetation within the area to be cut reaches a height of 2 feet above the top of the slope. Other maintenance in the area is discretionary to a large degree, but not the type of methods and the frequency.
Land Development Code and Comprehensive Plan
The Land Development Code and Comprehensive Plan both have several conflicting elements when it comes to environmental protection and the enhancement of visuals of the intercoastal water way, as well as the enhancement of property values. However, after quite a bit of review, the answer to which of these elements governs in a situation of conflict was found to be none of the above. As much as there is very strong language, related to these issues, the fact of the matter is that mowing of the Hallett Park embankment is not considered development under chapter 66-10 of the Land Development Code. Thus, neither the Land Development Code nor the Comprehensive Plan would have jurisdiction over the activity.
Conclusion
Based on the fact that neither the land development code, nor the Comprehensive Plan carry any jurisdiction over the activity in question, staff has to look to the general section of the Code of Ordinances for guidance. That guidance very clearly states the means and methods of mowing the embankment, and provides for deviation only with the authorization of the Town Commission. However, prior to carrying out the work, staff wanted to bring this item to the attention of the Commission to clarify some things.
1. As it stands, the town would use a sickle arm mower with a 12-15 foot attachment for the mowing. The use of this type of devise means that removals will be indiscriminate of what is in the path of the mower arm. Recent vegetative maintenance by the town has been done with more care provided to what is cut and what is not cut. Does the commission desire that the sickle arm be used or some other method providing for additional discretion by parks personnel?
2. The use of the sickle arm also means that almost all of the vegetation will be unrecoverable from the base of the bluff. In the past the commission has preferred that vegetation be removed to the best of our ability. While use of the sickle arm is less costly and more efficient, would you prefer us to use a method that removes the cut vegetation?
3. Would the town commission like staff to engage in a discussion with the Park and Tree Board focused around the altering or elimination of the current Master Landscape Plan?
Expenditure Challenges It is unknown what the cost of changing methods for cutting will be, but it is anticipated that the use of the sickle arm will reduce our current maintenance budget.
Financial Implications: N/A
Recommendation: Discussion only
Proposed Motion N/A
Attachments: .