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HomeMy WebLinkAbout05/17/2004 INDEX TO MINUTES OF SPECIAL MEETING OF BOARD OF COUNTY COMMISSIONERS MAY 17, 2004 1.CALL TO ORDER ............................................................................................................1 2.INVOCATION ..................................................................................................................1 3.PLEDGE OF ALLEGIANCE ...........................................................................................1 4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ......................2 5.DEPARTMENTAL MATTERS .......................................................................................2 5.A. PW–PRW43A RD UBLIC ORKS RESENTATION EGARDING THE IDENING OF VENUE FROM 26SSCL .....................................................................2 TH TREET TO THE OUTH OUNTY INE 6.PUBLIC DISCUSSION .....................................................................................................3 7.ADJOURNMENT ........................................................................................................... 13 MAY 17, 2004 1 SPECIAL MEETING May 17, 2004 SPECIAL MEETING OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Board of County Commissioners of Indian River County, Florida, met in Special th Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on Monday, rdth May 17, 2004 at 6:30 p.m. concerning the widening of 43 Avenue from 26 Street to the South County line. Present were Caroline D. Ginn, Chairman; Arthur R. Neuberger, Vice Chairman; and Commissioners Thomas S. Lowther and Kenneth R. Macht. Commissioner Fran B. Adams was absent due to illness. Also present were Joseph Baird, County Administrator; County Attorney William G. Collins II; Kimberly Massung, Executive Aide to the Board; and Deputy Clerk Patricia “PJ” Jones. 1. CALL TO ORDER The Chairman called the meeting to order and made an announcement regarding overflow seating and the fire laws. She also noted that anyone wishing to speak during the public portion of the meeting should fill out a card at the table in the lobby. 2. INVOCATION Public Works Director Jim Davis gave the invocation. 3. PLEDGE OF ALLEGIANCE County Administrator Joe Baird led the pledge to the flag. MAY 17, 2004 1 SPECIAL MEETING 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS None. 5. DEPARTMENTAL MATTERS 5.A. PW–PRW43 RD UBLIC ORKS RESENTATION EGARDING THE IDENING OF A26SSCL TH VENUE FROM TREET TO THE OUTH OUNTY INE PROOFOFPUBLICATIONOFADVERTISEMENTFORHEARINGISONFILEINTHE OFFICEOFTHECLERKTOTHEBOARD Public Works Director Jim Davis used a PowerPoint presentation to orient the Board and the public, and introduced County Traffic Engineer Chris Mora. rd Mr. Mora went over the 17 proposed projects that will influence the traffic on 43 Avenue. Chairman Ginn questioned several of the projects listed on Page 16 of the backup, and Community Development Director Bob Keating responded that the names listed are the initial th names of the projects when they were first brought in by the developers. 17 Street SW is now th called Echo Lake and 25 Street SW is now called Madera Isles. Mr. Mora noted a correction on Page 18 of the backup in that the column “Vehicles Per Day” should read “Vehicles Per Hour”. This roadway is at or above the capacity of a 3-lane road. rd North of SR-60 there are also proposed projects that will affect 43 Avenue; Dodger Pines is estimated to contain 500 housing units and Waterway Village is a Development of Regional Impact which will contain approximately 1740 housing units. The figure “1,440” should read “10,440 daily trips”. Director Davis then displayed some slides (copies on file with the backup) showing the traffic backups and noted that the proposed improvements will include sidewalks on both sides of rd 43 Avenue and intensive landscaping. He briefly mentioned other options available to the public; such as the Community Coach, to reduce our dependency on the personal automobile. rd Mr. Mora then showed a video with a computer simulation of what the 43 Avenue/SR-60 intersection would look like with the proposed improvements. MAY 17, 2004 2 SPECIAL MEETING Commissioner Lowther asked when the graphs on Backup Pages 18, 19 and 20 were prepared, and Mr. Mora responded that the figures had been compiled after the improvements to th 58 Avenue. Commissioner Lowther then referred to the language of LDR Chapter 910 from Backup Page 4 and emphasized that the Board has been accepting all the developments which are being presented. Director Davis then gave a brief explanation of the state’s concurrency requirements for capital improvements. Commissioner Lowther commented that if a development is not approved because of lack of concurrency, there would be no problem with the roadway. He then questioned whether rdththrd 3-laning 43, 27 and 20 Avenues would accomplish the same traffic concurrency as 5-laning 43 Avenue, and Director Davis responded that it would only work if you could somehow allocate the traffic between those 3 avenues. rd Discussion ensued regarding the speed limits on 43 Avenue and it was noted by Mr. Mora rdth that the speed limit on 43 Avenue south of 12 Street all the way to Oslo Road had been reduced to 35 mph. rd There was a brief discussion regarding the impact on 43 Avenue of the proposed Waterway Village project Chairman Ginn noted for the record that approval of projected growth is not required if the infrastructure is not available. 6. PUBLIC DISCUSSION The Chairman announced that the public comment section of the meeting is now open. Those persons who have signed a card to speak will now come up to the microphone in the order called. MAY 17, 2004 3 SPECIAL MEETING th Harold Kurzweg , 4731 9 Place, Glendale Lakes, was opposed to the 5-laning project and emphasized there are 15,835 school children in that area and their safety will be affected. rd Adriene Cuffe , 695 43 Avenue, spoke in opposition to the 5-laning and felt the Comp Plan should be changed. rd Doug Cuffe, 695 43 Avenue, felt the 5-laning project would diminish the appearance and the property values in the area, as well as attract more traffic. John Stockten , 4236 11th Street, believed that 3 lanes would be sufficient. He noted that a realtor had advised him that he would lose 20 to 30% of the value of his home if the 5-laning project were completed. th Joan Johnson , 535 SW 39 Court, suggested an annual review of the Comp Plan and creative approaches to problems rather than the 5-laning project. thrd Bob Johnson , 535 SW 39 Court, felt 43 Avenue would become a truck route if 5-laned and felt it would be prudent to start moving traffic to the west. He also noted that new development rd in the Oslo Road area will divert traffic away from 43 Avenue. He believed the County could save rd 33.6 million dollars by 3-laning 43 Avenue. st Ron Bair Deputy , 4055 41 Avenue, Indian River County Sheriff’s Office, representing the rd Sheriff’s office, asked that the Board consider the impact on the 43 Avenue residential area, as well as the safety of the elementary children using that road. He noted that he had counted 94 private rd driveways that access directly onto 43 Avenue and most of the side streets either deadend or have no other outlet in the area. He felt the roadway needs sidewalks, a center-turn lane and proper drainage, but not 5 lanes. MAY 17, 2004 4 SPECIAL MEETING th Betty Bai r, 4285 12 Place, spoke in opposition to the 5-laning project. th Richard Bair , 4285 12 Place, spoke in opposition. th Pearl Korn , 240 44 Terrace SW, declined the opportunity to speak. rd Donna Blanton , 1855 43 Avenue, declined the opportunity to speak. rd John Clark , 1895 43 Avenue, emphasized what he believed to be an impediment to rd emergency traffic should 43 Avenue be 5-laned. thrdth Doug Feek , 160 44 Terrace SW, questioned the 3-lane section of 43 Avenue from 8 Street south to Oslo Road and commented on the traffic and his concern for the safety of children. th Lisa Sparks , 4330 15 Place, spoke in opposition to the project. Kevin Doty Attorney , representing Dr. Scarpinato at Pinewoods Animal Hospital, 1905 rd 43 Avenue, urged the rejection of the 5-laning project. He emphasized that we cannot “pave our way to paradise”. rd Dora Thompson , 1565 43 Avenue, expressed her concerns for her 3 young children who attend Rosewood Elementary School. There is no crossing guard so she has to transport her children to school everyday. She was opposed to the 5-laning project. MAY 17, 2004 5 SPECIAL MEETING rdrd Stuart Segal , 407 43 Avenue SW, reminded the Board that making 43 Avenue a truck route had been rejected and he felt that 5-laning the road would certainly lead to it being considered a truck route. th Tim Zorc , 4415 5 Place SW, was in favor of the project and asked County Attorney Collins whether an after-the-fact change to the Comp Plan would affect the approval of proposed projects already in the pipeline. County Attorney Collins noted that state concurrency laws require the County not to issue permits when the infrastructure is not available, but that imposes a moratorium to allow time to develop improvements to accommodate future development. State law also requires that if property owners are denied the ability to develop their properties, the County could be sued for compensation due to the property owners being forced to bear an unreasonable burden and the taxpayers would have to pay such compensation if it were allowed. He also commented that the County can hold the line on the urban service area boundary to contain the ongoing problems of ever-expanding development. rd Tim Zorc continued that if the 43 Avenue project were reduced to 3 lanes, the County would have to be prepared to write some large checks. He also reminded everyone that there have been 10 to 15 public meetings regarding this project which he had attended. He felt that sufficient notice had been given to the taxpayers. rd Web Smith , 685 43 Avenue, spoke in opposition to the project. He was in favor of 3-laning the road and noted that if bikepaths are installed, they would be the first ones not on the beach in the County. Carl Mahler , 616 Holly Road, a member of the Indian River Neighborhood Association, spoke in opposition to the project. MAY 17, 2004 6 SPECIAL MEETING th William O’Brien , 4520 9 Place, spoke in opposition to the project and expressed his concerns about the safety of the residents. nd Joe Labadie , 685 42 Court, complained about the process of notifying the public of these projects, was opposed to the 5-laning, and stated that the County had vandalized a 30-yard section of his hedge. He questioned whether he should ask the taxpayers to put up a wall in the place of his missing hedge. th Mark Brackett , 1915 34 Avenue, felt the decision for this project was not made in haste and was in favor of the project. He felt it was not prudent for the Board to hire staff to make recommendations and then not listen to them. thrd Peggy Scott , 4610 9 Place, spoke in favor of 3-laning 43 Avenue and in opposition to the 5-laning project. th Ruth Livingston , 655 40 Avenue SW, reminded the Board that a petition drive effectively stopped the widening of A1A which was slated for improvements. She was opposed to the 5-laning project. th Gary Comes , 1001 37 Avenue, was in favor of the 5-laning project and emphasized that landscaping and beautification will take place. This will not ruin the residential character of the road. th County Administrator Baird commented that 27 Avenue is scheduled to be widened in 2011 to a 5-lane road. rd Robert Moore Dr. , 755 43 Avenue, declined the opportunity to speak. MAY 17, 2004 7 SPECIAL MEETING nd Tony Basso , 4352 2 Square SW, spoke in opposition to the project. Jerry Swanson , 1048 E. Polo Grounds Drive, reminded the public that this project has been in the works for a number of years. It has been noticed in the newspapers and there is no reason for anyone to complain that they were not notified. He felt the Board is very fortunate to have the quality staff they do have and they should listen to staff’s recommendations. He was in favor of the project. th Mindy Stone , 1956 19 Avenue, stated that she had moved to Vero in 1979 from Boca Raton, and stressed that she did not believe the current infrastructure will support the proposed development in this area. She expressed her concern about the loss of the citrus industry locally and stated that some of the people she had spoken with about the project had stated that they were “strong-armed” into signing agreements for rights-of-way and told that they would be responsible for paying for any sidewalks. She encouraged the consideration of a mass transit system for the County. Public Works Director Jim Davis emphasized that new developers pay for sidewalks for commercial or multi-family development. th Peter Van Rens , 365 38 Square, was opposed to the project but asked that, should the project be approved, the public be involved in planning the landscaping. th Craig Callan , 1575 46 Avenue, waived his right to speak. th Craig Lombard , 4280 13 Street, stated that the additional noise and safety factors were his main concerns and asked the Board to reject the project. MAY 17, 2004 8 SPECIAL MEETING nd Sherrie Verhoeven , 4340 2 Square SW, stated that she had checked with the School rd District regarding the school bus routes and stops and had discovered there are 34 stops on 43 th Avenue every morning and every afternoon, compared with 58 Avenue south to Oslo Road, where rd there is not a single school bus stop. She felt widening 43 Avenue would be unsafe and unwise. She was in favor of sidewalks, bikepaths and additional landscaping, but opposed to the 5-laning project. rd John Williams , 1535 Smugglers Cove, asked that 43 Avenue not be turned into another US#1. He asked the Board to revisit the Comp Plan and emphasized that the proposed development rd in the south of the County would load a lot more traffic on 43 Avenue and property values would deteriorate. strd Chip Landers , 1636 51 Court, felt that 3-laning 43 Avenue would alleviate some of the concurrency issues, slow down traffic, and save some money. rd Margaret Durwin , 585 43 Avenue, spoke in opposition to the project and stated that rd 15,425 children are enrolled in schools either on or right off 43 Avenue. She felt the safety of these children should be the first priority. She also noted that the citizens must be kept informed about proposed projects and asked the Board to attend the meetings of the Neighborhood Association. rd Mike Durwin , 585 43 Avenue, stated that he had moved to this area for its residential zoning and peaceful attitude and he was opposed to the project. th Craig McGarvey Dr. , 615 39 Court SW, noted that he is not appearing as a representative of the School Board and expressed his preference for a 3-lane road with bikepaths and sidewalks. rd He also asked the Board to consider prohibiting truck traffic on 43 Avenue. MAY 17, 2004 9 SPECIAL MEETING Community Development Director Bob Keating stated that truck traffic is not restricted on rd 43 Avenue. Chairman Ginn commented that she had thought truck traffic was prohibited. Commissioner Lowther felt that if trucks could be prohibited that would reduce the traffic rd count on 43 Avenue. th Kathy Lemmons , 4316 9 Lane, expressed her objection to the project and noted that she thrd has no access from 9 Lane except for 43 Avenue. Public Works Director Jim Davis stated that the Public Works Department had never told anyone that property owners would have to pay for sidewalks. When the County does an improvement, the County puts in the sidewalks with no assessments to the property owners. rd Bob Moor Dr. e, 755 43 Avenue, felt the demeanor of the developers who have appeared before the Board was very threatening and stated that he was “ticked off”. After checking to make certain no one else wished to address the Board, Chairman Ginn closed the public comment section and thanked everyone for their attendance and comments. MOTION WAS MADE by Commissioner Lowther, SECONDED by Commissioner Macht for discussion, to direct staff to look at redesigning the project to 3 lanes with a bikepath and sidewalks on both sides; redesigning rd the intersection at SR-60 and 43 Avenue; and to look ththth at 3-laning 20 and 27 Avenue, as well as 66 Avenue thth south of SR-60, together with the paving of 4 and 8 MAY 17, 2004 10 SPECIAL MEETING Streets with bikepaths and landscaping, as well as the rd prohibition of large trucks on 43 Avenue. rd Chairman Ginn stated that she would like to see the intersection at SR-60 and 43 Avenue expanded so that it would work more smoothly, but did not want to purchase right-of-way from the Mobil Station or Lenny’s Bar. She expressed her desire for a 3-lane project with a center turn-lane and with acceleration and deceleration lanes. She also believed it was important to get additional ththth roads paved to provide other options for traffic; such as 66 south of SR-60; 13 Street SW, 4 th Street and 8 Street. She also noted that she had no reports of any successful Bert Harris lawsuits. She expressed the highest regard for staff and stated that the Board puts them through a lot and then tosses out their ideas, but staff is used to that. She felt it was time to let developers know that the County will act to reduce traffic. Commissioner Neuberger commented that he has a lot of faith in the engineers but will go along with a 3-laning project if that is what is wanted. He emphasized that government is always playing catch-up with road improvements and stated that he had been through this same th circumstance. He lived on 20 Street, a block off SR-60, and was there when SR-60 was divided into the twin pairs. Public Works Director Jim Davis commented that acceleration lanes are designed for high rd speed roadways and would not work on 43 Avenue. Deceleration lanes are appropriate at major intersections. He continued that the County is not the only entity that uses the “level of service” tables. The City of Vero Beach, the Florida Department of Transportation and the Treasure Coast Regional Planning Council use the same tables. Regardless of what staff recommends, there will be rd other layers of review and 3-laning 43 Avenue would not obtain a classification of more than 2 lanes, which will not meet concurrency. MAY 17, 2004 11 SPECIAL MEETING th Commissioner Macht noted that a friend of his had been killed at 8 Street by a truck and rd asked if there is a way to discourage truck traffic on 43 Avenue. Director Davis stated that the only restriction he was aware of was with weight, such as on a bridge. There are no state standards and the Florida Highway Patrol is the only agency that can enforce weight postings. The Chairman CALLED THE QUESTION and the motion carried unanimously by a 4-0 vote (Commissioner Adams absent). (CLERK’S NOTE: SEE BOARD MEETING MINUTES OF JUNE 1, 2004 FOR A LATER MOTION ON THIS MATTER.) ALLBACKUPDOCUMENTATIONISONFILEINTHE OFFICEOFTHECLERKTOTHEBOARDANDISHEREBYMADEAPART OFTHESEMINUTES MAY 17, 2004 12 SPECIAL MEETING 7. ADJOURNMENT There being no further business, on Motion duly made, seconded and carried, the meeting adjourned at 9:58 p.m. ATTEST: __________________________________ _____________________________ Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman Minutes Approved: ______________ /PLJ/SpecialMinutes MAY 17, 2004 13 SPECIAL MEETING