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HomeMy WebLinkAbout9/14/1981MONDAY, SEPTEMBER 14, 1981 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN SPECIAL SESSION AT THE CITY HALL COUNCIL CHAMBERS, 1053 20TH PLACE, VERO BEACH, FLORIDA, ON MONDAY, SEPTEMBER 14, 1981, AT 7:30 O'CLOCK P.M. PRESENT WERE PATRICK B. LYONS; CHAIRMAN; %WILLIAM C. WODTKE, JR., VICE CHAIRMAN; DICK BIRD; ALFRED DROVER FLETCHER; AND DON C. SCURLOCK, JR. ALSO PRESENT WERE NEIL A. NELSON, COUNTY ADMINISTRATOR; L.S. "TOMMY" THOMAS, INTERGOVERNMENTAL COORDINATOR; ATTORNEY JOSEPH CIANFRONE REPLACED GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS, ABSENT BECAUSE OF A CONFLICT OF INTEREST; AND JANICE CALDWELL, DEPUTY CLERK, THE VERO BEACH CITY COUNCIL MEMBERS WERE PRESENT: TERRY GOFF, MAYOR; DOROTHY CAIN; JEFFREY BARTON; DAVID GREGG; AND WILLIAM COCHRANE. ALSO PRESENT WERE CHARLES P. VITUNAC, CITY ATTORNEY; JOHN LITTLE, CITY MANAGER, AND PHYLLIS NEUBERGER; CITY CLERK. THE CHAIRMAN CALLED THE MEETING TO ORDER. PUBLIC HEARING REGARDING THE PROPOSED EXTENSION OF INDIAN RIVER BLVD. THE HOUR OF 7:30 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: Boos 4 7 PAGE '420 r SEP 14 1981 VER® BEACH PRESS -JOURNAL PublisFied Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. echo on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a 220_ 1 r in the matter of Arlz in the lished in said newspaper in the issues ofj .2 7, Court, was pub- Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. JI Sworn to and subscribed before me this/� this/)-- of d —A D. ?�® Wusiness Manager) (SEF Klerk of the Circuit Court, India River County, Florida) .song 47 ai)21 NOTICE -' NOTICE IS HEREBY GIVEN thatthe Board of County Commissioners of Indian River County, Florida, and the City Council of the City of. Vero Beach, will jointly hold a public hearing on September 14,19$1, at 7:30 P.M., in the City Council Chambers in the Vero Beach City Hall. The purpose. of -said public hearing is to receive public comment concerning the matter;;:: of the proposed extension of Indian River--, . Boulevard, from the general vicinity of 30th'. Street and extending northward to the vicinity of Barber Avenue.'. Exhibits depicting the proposed project— information will be on display at the Vero Beach City Hall during normal business hours beginning Friday, September 11, 1981, through and including the previously mentioned public hearing scheduled for September 14,1981. At 3:00 P.M. on September 14, 1981, Representatives will be on hand to discuss the project with interested citizens. Board of County Commissioners Indian River County By: Patrick B. Lyons, Chairman Aug. 27, 1981. CHAIRMAN LYONS STATED THERE WERE TWO PURPOSES OF THE MEETING: TO RECEIVE PUBLIC INPUT CONCERNING THE PROPOSED INDIAN RIVER BOULEVARD AND TO CONSIDER, WITH THE CITY COUNCIL, THE METHOD OF DETERMINING ROAD PRIORITIES IN THE FUTURE. HE THEN REQUESTED THE PEOPLE IN THE AUDIENCE TO FILL OUT THE CARDS PROVIDED, AND INDICATE ON THE CARD IF THEY WISHED TO BE HEARD, THE CHAIRMAN THEN GAVE A BRIEF HISTORY OF THE PROPOSED INDIAN RIVER BOULEVARD OVER THE PAST EIGHT OR NINE YEARS. CHAIRMAN LYONS EXPLAINED THAT GASOLINE TAX MONEY IS BEING HELD IN TRUST IN TALLAHASSEE; THE COUNTY HAS BEEN SAVING FOR INDIAN RIVER BOULEVARD FOR A NUMBER OF YEARS AND HAS $3.2 MILLION ON HAND. HE CONTINUED THAT $60,000 A MONTH IS BEING ACCUMULATED FOR THE PROJECT, WHICH COSTS ARE ESTIMATED TO BE $2,000,000 FOR THE ROAD AND $x300,000 FOR THE RIGHTS—OF—WAY. IF NEEDED, HE STATED, THE COUNTY COULD BORROW $4-1/4 MILLION FOR 28 YEARS AT 10% IN ADDITION TO WHAT IS NOW ON HAND. CHAIRMAN LYONS NOTED THAT IF IT WERE DECIDED THAT MORE THAN ONE PROJECT SHOULD BE STARTED, THERE WOULD BE MONEY AVAILABLE IN THE FUND OR AVAILABLE THROUGH BORROWING, EVEN IF THE BOARD WAS TO DECIDE THAT 16TH STREET SHOULD BE WIDENED, CHAIRMAN LYONS STATED IT WOULD BE TWO OR THREE YEARS BEFORE THE BOARD WOULD SPEND ANY LARGE AMOUNT IN CONNECTION WITH THE ROAD. IN OTHER WORDS, HE FELT THAT INDIAN RIVER BOULEVARD DID NOT NECESSARILY CREATE A CONFLICT. COMMISSIONER WODTKE POINTED OUT ANOTHER ITEM OF IMPORTANCE: IN CONSIDERATION OF THE SOUTH COUNTY FIRE DISTRICT, THIS PROPOSED ROAD WOULD BE USED IN ORDER TO PROVIDE FIRE PROTECTION TO THE HOSPITAL. THE CHAIRMAN INFORMED THOSE PRESENT THAT THE COUNTY AND THE CITY OF VERO BEACH JOINTLY HAD A DRAINAGE STUDY PERFORMED BY REYNOLDS, SMITH & HILLS, WHO ALSO HAS DONE THE DESIGN WORK ON THE PROPOSED INDIAN RIVER BOULEVARD. MR. DEMUDD, OF REYNOLDS, SMITH & HILLS, INTRODUCED HIS ASSOCIATES AND THEN PROCEEDED TO PRESENT SOME OF THE DETAILED FACTS OF THE PROJECT. HE DESCRIBED THE GENERAL AREA AND THE DIRECTION IN WHICH THE PROPOSED ROAD WAS TO BE BUILT, QUENTON WILSON, OF REYNOLDS, SMITH & HILLS, COMMENTED THAT THE PRIMARY PURPOSE THIS EVENING WAS TO CONSIDER THE BIOLOGICAL REPORT AS PART OF THE LOCAL APPROVAL PROCESS. HE ADDED THAT VARIOUS PERMITS FOR THIS PROJECT WERE REQUIRED AND THEIR FIRM HAS BEEN WORKING WITH THE PERMITTING AGENCIES FOR THE PAST 16 MONTHS. CHAIRMAN LYONS SUGGESTED WE DEFER THE READING OF THE REPORT INTO THE MINUTES UNTIL LATER IN THE EVENING, STEVE MCKAY, OF REYNOLDS, SMITH & HILLS, EXPLAINED THAT THE ROADWAY WAS A TWO LANE FACILITY AND THERE WERE THREE.PRIMARY DRAINAGE STRUCTURES INCLUDED IN THE PLAN. ROD GHIOTO, OF REYNOLDS, SMITH & HILLS, APPROACHED THE BOARD AND DISCUSSED THE PRIMARY DRAINAGE ASPECTS OF THE PROJECT AND SEP 141981 9 BOOK 47 FADE 40es 4 SEP 14 198 PERFORMANCE OF THE SYSTEM AS DESIGNED. Book 47 -PAGE 423 HE CONTINUED THAT THERE WERE THREE TYPES OF FLOODING CONDITIONS THAT COULD OCCUR IN THE MAIN CANAL: LOCALIZED FLOODING FROM RUN-OFF AT DRAINAGE AREAS UPLAND; FLOODING WHEN THE INDIAN RIVER FARMS WATER CONTROL DISTRICT MAIN CANAL GETS HIGH; AND FLOODING FROM HURRICANE SURGE. HE THEN ELABORATED ON THE ELEVATIONS IN THE AREA. CHAIRMAN LYONS THEN REQUESTED THE INPUT FROM THE PUBLIC BE LIMITED TO REMARKS REGARDING INDIAN RIVER BOULEVARD. BILL F. STEGKEMPER, 161 12TH STREET SE, CAME BEFORE THE BOARD AND REVIEWED THE "CODE BLUE" EMERGENCY RUNS MADE BY THE AMBULANCE SQUAD. NOT ATTEMPTING TO PLACE A VALUE ON HUMAN LIFE, HE CONTINUED THAT OUR TAX DOLLARS SHOULD BE UTILIZED ON BOTH SIDES OF THE RIVER AND RAILROAD TRACKS. MR. STEGKEMPER FELT THAT THE SITUATION ON 16TH STREET AND ROSEWOOD SCHOOL WAS A MORE PRESSING NEED. HE SUGGESTED THE FOLLOWING: PROTECT OUR CHILDREN; OBTAIN A ROADWAY FOR OFFICIAL USE ONLY ON 30TH STREET; AND BUILD A CROSS-OVER ACROSS THE FLORIDA EAST COAST RAILROAD TRACKS. J. DALE SORENSEN, CHAIRMAN OF THE HOSPITAL BOARD OF TRUSTEES, APPROACHED THE BOARD AND REITERATED A RESOLUTION PASSED YEARS AGO BY THEIR BOARD TOTALLY SUPPORTING INDIAN RIVER BOULEVARD. ACCESS TO THE HOSPITAL IS OF MAJOR IMPORTANCE TO THEM, NOT ONLY FOR AMBULANCE RUNS, BUT THOSE WHO COME TO THE EMERGENCY ROOM BY CAR. MR. SORENSEN REPORTED THAT IT WAS THE HOSPITAL BOARDS IMPRESSION THAT INDIAN RIVER BOULEVARD WAS A PRIORITY ITEM AND WOULD BE COMPLETED AS SOON AS THE HOSPITAL WAS BUILT, AND THE NECESSARY PERMITS FOR THE ROAD COULD BE OBTAINED. HE THEN URGED THE BOARD TO DO EVERYTHING POSSIBLE TO SPEED THE CONSTRUCTION OF INDIAN RIVER BOULEVARD. MR. SORENSEN COMMENTED THAT THEY HAD NO ARGUMENT WITH THE PRESENTATION MADE BY THE ENGINEERS, AND ADVISED THEY HAD USED THE SAME ENGINEERS ON VARIOUS ASPECTS AT THE HOSPITAL. HE FELT THE CHAIRMAN HAD COVERED THE 16TH STREET ITEM VERY WELL. ANN ROBINSON, CHAIRMAN OF THE ROAD COMMITTEE OF THE COUNTRY CLUB POINTE PROPERTY OWNERS ASSOCIATION, RELATED THEIR CONCERNS TO THE BOARD: WHAT THE DIRECT EFFECT THE DRAINAGE IN THIS PROJECT WOULD HAVE ON COUNTRY CLUB POINTE; THE EFFECT ON THE NEIGHBORHOOD IF THE EXTENSION WOULD GO THROUGH; THE ACQUISITION OF PROPERTY THAT WOULD SERVE AS A RETENTION POND; AND THE ROUTE THE TRUCKS WOULD USE TO BRING IN THE FILL TO THE SITE OF THE PROPOSED ROAD. SHE STATED THAT SHE WOULD LIKE THE COUNTY TO EXTEND THE RIGHT-OF-WAY PORTION 35, AND THAT THE SECTION OF BRIDGING THAT WAS PROMISED FOR SEVERAL YEARS OVER VOSSINBURY CREEK BE PUT BACK INTO THE PLAN, MR. GHIOTO REVIEWED HER MATTERS WITH A LENGTHY EXPLANATION AND HE FELT IT WAS NOT NECESSARY, FROM AN ENGINEERING STANDPOINT, TO HAVE A BRIDGE AT THAT POINT. DISCUSSION FOLLOWED ABOUT CULVERTS AND POSSIBLE DEVELOPMENT OF THE AREA. ATTORNEY CIANFRONE STATED THAT THE COUNTY COULD NOT DENY ACCESS TO THE ROAD ONCE IT WAS CONSTRUCTED, ALTHOUGH THE PROPERTY OWNERS WOULD HAVE TO MEET CERTAIN CRITERIA. COMMISSIONER SCURLOCK STATED THAT NO MATTER IF THEY WERE TALKING ABOUT THE 25, 50, OR IDG YEAR STORM, THE FLOODING CONDITIONS IN COUNTRY CLUB POINTE WOULD HAVE BEEN NO WORSE WITH THIS PROPOSED PROJECT. MR. GHIOTO AFFIRMED THIS STATEMENT. DISCUSSION FOLLOWED ABOUT THE COST OF ENGINEERING SERVICES, AND IT WAS DETERMINED THAT OVER THE YEARS, APPROXIMATELY $200,000 HAS BEEN SPENT ON THIS PORTION OF THE PROJECT. DR. JERE J. FITTS, PEDIATRICIAN, DISCUSSED THE AMBULANCE CALLS AND HE FELT THE MOST IMPORTANT FACTOR WAS WHEN THE AMBULANCE REACHED THE HOME AND CARE WAS GIVEN TO THE PATIENT. HE ADDED THAT BY OPENING UP THE BOULEVARD, THIS WOULD CAUSE DEVELOPMENT IN AN ENVIRONMENTALLY SENSITIVE AREA - HE FELT IT WAS IMPORTANT TO KEEP THIS AREA PRIMITIVE AND IN ITS NATURAL STATE. DR. FITTS-CONTINUED THAT ONCE A ROAD WAS PUT THROUGH THIS AREA, THERE WOULD NOT BE ANY WAY TO STOP DEVELOPMENT. SEP 14 ig8i 5 Box 4 7 -ME 424 J roc47 425 R. DALE PATCHETT, STATE REPRESENTATIVE, ADVISED THAT HIS REASON FOR REQUESTING A PUBLIC HEARING WAS THAT PEOPLE SHOULD BE AWARE OF ANY SERIOUS IMPEDIMENT IN THE ROAD DESIGN, SUCH AS THE DRAINAGE SITUATION. HE RECOGNIZED THAT THE ROAD MUST BE BUILT BUT WAS.CONCERNED THAT WHEN IT IS BUILT, THE DRAINAGE WOULD BE ACCEPTABLE 50 YEARS FROM NOW. REPRESENTATIVE PATCHETT FELT THAT WE COULD NOT DESIGN IT FOR TODAY IS STANDARDS AND URGED THE BOARD TO OVERDESIGN THE ROAD TO GIVE MORE FLEXIBILITY. MR. GHIOTO COMMENTED THAT THE REALITY IS THEY CANNOT PREDICT WHAT KIND OF LAND USE THE COUNTY WILL HAVE IO YEARS FROM NOW. HE STRESSED THAT GOOD WATER MANAGEMENT CALLS FOR PLANNING NEW DEVELOPMENT THAT WILL NOT INCREASE FLOODING PROBLEMS THAT ALREADY EXIST. MR. GHIOTO WAS HOPEFUL THAT THE COUNTY AND CITY WOULD ADOPT REGULATIONS IN THE FUTURE THAT WOULD LIMIT DISCHARGE TO THE EXISTING CONDITIONS. HE ADDED THAT THEY HAVE NOT PROJECTED ANY NEW DEVELOPMENT BUT ASSUME THAT LARGE TRACTS WILL HAVE TO COMPLY WITH ALL THE LAWS IN CASE DEVELOPMENT WOULD OCCUR. CHAIRMAN LYONS WANTED TO BE SURE THAT THE DRAINAGE STRUCTURES WERE OVER -SIZE AS HE WOULD FEEL MORE COMFORTABLE KNOWING THE DRAINAGE STRUCTURE WAS ADEQUATE. LENGTHY DISCUSSION FOLLOWED ABOUT THE 25, 50 AND 100 YEAR FLOOD PLAN. IT WAS POINTED OUT THAT THE DOT REQUIREMENTS ARE FOR A 50 YEAR FLOOD AND THE ENGINEERS HAVE DESIGNED THE ROAD FOR 100 YEAR FLOOD, RAYMOND FERNALD, PRESIDENT OF THE PELICAN ISLAND AUDUBON SOCIETY, CAME BEFORE THE BOARD AND REVIEWED THE FOLLOWING LETTERS: P. 0. Boh 1.8313 VE; -1'O BEA.C. i *LGRiCA 32960 :Mr. Chairman, County Cournissioners, Mr. Mayor and City Councilmen: September 14, 1981 Pelican Island Audubon Society has studied the Indian River Boulevard Extension proposal and offers the following comments. We have not objected to this project in the past because of the claim that its primary purpose was to provide emergency access to Indian River Memorial Hospital. We felt that the public benefits to be gained .justified the loss of approximately 8 acres of wetlands. Sufficient mitigatory measures were proposed to offset these losses, and we were under the impression that access :from adjacent properties east of the aligiment would not be provided. We are deeply disturbed to now find that the stated justification for this project is not paramount, and that the project has been modified so as to facilitate drainage and development of native wetlands rather than conserve these resources. With regard to the justification for this project, we note that the Florida Department of Environmental Regulation (FDER) permit application appraisal states that "The primary plirp.-,se for the road is to provide quicker access to a nearby hospital". The appraisal also stater that " Re`ulatory agencies havt,_ been giving, special consideration to this project because of the express -ed need to provide quick emergency service to the hospital and. the lack of :,iterra�« routes." In fact, there has been no publish d study of the ambulance response tire savings to be accruf!d by this pro j _,c_t . Furthermore, there is presently an alternative route utilizing 30th Street, which would cut approximately 2 minutes from the travel tine. Ambulance squad records indicate that there have been only 20 code -blue ambulance runs from the beach area to the hospital in the last. 2 years. This level of emergency traffic could easily be absorbed by the above-mentioned route. We find it incongruous that the County would be willing to spend 2 million dollars for an emergency roadway, when 90 thousand dollars could not bp allocated for Advanced Cardiac Life Support capabilities. Statements in the project environmental impact assessment, and in the May and July County Commission minutes, indicate that the pre- eminent purpose for this roadway is to provide an alternative thoroughfare to US 1 between northern portions of the county and the beach area. "Thio is 10% recycled paper" 7 mar 47?AtE*428 SEP 141991 47 mrx 421 Assuming that emergency access is found to be sufficient justification for this project, we have observed the following decisions regardiag Mitigation for habitat losses incurred: 1) Three sets of culverts, at approximate stations 364, 387, and 388, which were intended to provide tidal flow to impounded wetlands, will have flapgates installed at their downstream ends. These flapgates will riot only prevent such tidal flow into the Impoundments, but will provide positive drainage for these ukrdeveloped wetlands. These areas were, historically, high salt marsh and ;�:. <<,re�.. �:^} lets �..,hich were impounded to provide effective mosquito control. 2) A pair of double -pipe culverts at approximate stations 375 and 387 are to be plugged, thereby precluding tidal flow which was their intended function. 3) The box culvert at approximate station 372, modified to provide adequate drainage for the existing County Club Pointe subdivision, will have a weir constructed at 3 feet MSL, also effectively preventing tidal flow into the impoundment except during major storm events. 4) The County originally proposed to purchase all the land west of the road alignment to the City limits. Extensive mitigation was proposed for this purchase area, including scraping down•• existing back dikes and other fill, and improving tidal flow. through these wetlands. Proposed land acquisition is now limited to the necessary right-of-way limits, and much of the recommended mitigation has been delected as unnecessary or cost -prohibitive. 5) The proposed extension of Barber Avenue continues 200-300 feet eastward of its junction with Barber Avenue. Considering the evolution of this project in the last 2 years, it is realistic to visualize the eventual extension of Barber Avenue to the Indian River shoreline, thereby providing access to additional undeveloped wetlands, and raising the spectre of a new bridge across the Indian River. 6) Lateral drainage ditches along the roadway and within the impounded wetlands could accelerate drainage of rainwater out of the impoundments via the aforementioned flapgates. 7) The county has apparently determined that they will be compelled to provide highway access to adjacent landowners. This will certainly encourage land development in these historic wetlands. We believe these modifications have rendered this project environmentally unsound. With regard to obtaining City and County project approval as required by the Florida Department of Environmental Regulation, I wish to point out that these local. authorities must determine whether granting the permit would "interfere with ti -,e conservation of fish, marine, wildlife or other natural resources to such an extent that it would be contrary to the public interest." Furthermore, the "biological survey commissioned by the FDER shall be read into the record and duly considered in making the required findings of fact." We recognize. and apprecia Le local ,,overnmeut ° s interest in avoiding lagal suits with regard to re-establislii.--;t of tidal flow in these irupounded wetlands.. We believe, irowe v( r, that there is adequate legal precedent and environmental expertise cvallable in this community to overcome such potential obstacle,. Cor.v • Fely, to refrain from pursuing appropriate mitigative mcj5urer,, to pro i;_e positive drainage for privately— ou,ned wetlands at public expense; and t_-, eiiectivcly endorse development of historically intertidal salt -marsh ha)itats would surely, 'precipitate legal action by concerned citizens and srganizations. - v 4M. On the basis of: this evidence, Pelican Island Audubon Society believes the current protect design is not in the public interest. We strongly recommend that the justification for, and environmental impacts of, this project be carefully evaluated, and that the City of Vero Beach, and Indian River County, not approve this project unless all the mitigatory measures outlined by the Florida Game and Fresh Water Fish Commission are implemented. We will via,orously oppose, by all legal .weans available, any proposal which wi1L facilitate drainage or development of these historic wetlands without sufficient mitigation. Thank you for your attention and.ccnsideration. Raymond Fernald Prca idenc Pelican Island Audubon Society UN E VERO BEACH FL!)Ril)A. 32960 f. i� September 14, 1981 r1 Mr. Chairman, County Commissioners Mr. Mayor ana CiLy Councilmen: I would now like to sp 1.cif ical Ly itddruss the Indian River Boulevard Extension Envirorunental Assess: -tent prel,_!r«:d by Environmental Science and Engineering, Inc. in August 1.9,80, al.d r•:cantly delivered to each County Corimissioner and City Co-incil.nlan for The assessment is general i, ch«,rr,u ,i': c,nd accurate; my intention is not to criticize th�� documont Lc=;ut[. I;i'l,er, L wish to point out specific statements which etre part.icul::rt_ significant with regard to project justification, snticipired :�nvironnental impacts, and mitigative measures deemed appropri<<ce by loo..al, r;tate er Federal governmental agellc ies : n Paige ?.1. Prl�lr to .•uinpletir;r, of Indian River Memorial Hospital, t'•t«, proposed project was considered a Jow pri..)ritv." Phis statement questions preeminence of [noi-:-i River Boulevard Ey,tension ;As 'in altcrndte route for traffic currently using IT" l.. Page 4. d "Com.ients wive hcen rccuest.ed and rec.eivt•d from numc:roi:� ,-.overnr_ntal aeencLes, Such .ts U.S. Fish anI I'ilalit, tic-rvice, National ^� Marin.t Fisheries, i'.-;, flrnty• (:.,-rps of Engineers, Florida Department of 'Environ;;:�ntal Regulation, Florida game and Fre-0i Water Fisl': Commission (FCFWFC) ,.n:. Florida Department of Tran.portation, to develop the dusi,;n and placement of the project to avoid and SEP 14 1981 Box*4 SEP 141951 BOOK 7 mrA29 mitigate the adverse effect:; upon the wetlands... In accordance with-Executivc order 11990, and based on previously nested cpnsiderat ions, it has been determined that there is no practicable alternative to the proposic ne:, construction in t ie wetland:- and that. the proposed action includes all practicable measures t,) minimize harm to th• wetlands wl;ich may result from --,uch use." The appen(lized .1 -et ters i t,l,, :3Pencics listed above include conceptual project al,rrovals, recognizing environmental :impacts and st-rc ;int the need for appropr i:3 t o l.r -)J e, t ::i.' i ,n ,:i.(; r i ticvat io-3. i wit i now reNd C ;ct'rpt.• f ru::3 t7- (. .311,1, r.u(-)r:equent Letter;. from th^se ;_;) ie;, clarifrin^ L .'ir i iccrns aiid recommendations: 1) U.S. 'tion -l- Az3r;..� _ �..i;:_r e'r✓ice:, 16 .July 1980. ..provided that prc\•3ously proposed mitigation (re-establishing tidal flushing to imao,'nde(i vest]ands) remains as part of the project, we would not , l)je,,t. tc ,ermit issuance.•' Thi- ni-igativ , measur,, is not )<.rt of the proposed project. 2) Florida Game and Fresh Water i is', Cor.:r,ission, 27 April 1981. "While ..-e c, nc .r in tb, sel.e(i lou of the proposed alignment, we also reconan:-nd that severer design features be included as f01lotl5: 1. Rcmova.l o" the di :c, and till area <,outh of North canal and west of tha align.1ient, proposed by the applicant as partial mitigation for wetland, destruction, woull provide the best be -,.if -fir for f i::h and v i ldl if e:• if excavated to 0.0-1.0 feet mean sc�a level. This �:oul_d create intertidal habitat conducive to establishment of reg man roves and utilization by estuarine organis;33-: and wading bird.:. 2. The dike north of tio>=th Canal and west of the alignment should l.1kewise be. removed, thus providing approximately 3/4 acre of additional intertidal arca adjacent to the existing tidal ditch. 3. The ter,*o culvErt,; mast of t -'.,c road and on both sides of No C.:nal are propose -1 with -lap gates on the downstream side. fhis :-.-o-old Fassive impoundment of rainwater for mosquito control. .,-.d t; -dc •,iter access to the impounded wetlands ,i,3rin,, month1- and sca;aonal (autumn) high tides in the h dian River. Tni�: artifirJal drainage of salt marsh would, if incl,.3ded, ca. �u mor(- environmental damage 'than any other a..pect c f chis rt --::d propel sal. Instead of flap gates, the culverts should be e;luiprcci with flashboard risers to '' maximize future many ;e:nent opt ions for impoundment, drainage, and tidal access. 4. '1'li culverts uncle: the i .',ad which are proposed to be plug r,��d hou]--1, in:,ter3: he c•^uipped with flashboard risers to sin;il,�c]� expand .ixibilities within the impounded wet land: . ,.r t :1+:c t,pplica3lt age ; to ti --::t_ recoti3me-idations, we would not ol-JlE'Ct tv issuar,c+• Of . perriit . Only the first :'('; n incorporated into the project p1.0" 3sa1. Tic )t! t-rs h: yr )et_n r- ,fu; ,'od oil the groids or unjustifir.ble -i nex e•33se, or lei:.,,[ t meat:- i rcri . ;1 ; ,cent landowners. 3.) :i. (�l:�i: .11;', .1il(!l IP �i_:l'.'.t, 4 Unit 1981 3'.i ile :., n vt' r.. Oh lct icer to th,- aliy;nment or construction scheme : Indian Mer hnu v= r , including dike removal as mitigation for road 011, nn rte ,P"ad that the four recommendations of the VVrjd a Came and Froili t•u�r "Ish Commission be made revisions to the permit instrument.'' >) Flo -id- Dw, _ar,ment of Env tronM nt.tl R=egulation, 15 toy 1931 (excepts froo text of DER Permit Application Appraisal) "...The proposed road will .•ross wetlands that have been impounded for mosuuita control and la:gu : e . ioas that are filled wetlands (including back dikes). The impaers to these areas will be offset by fill removal and, therefore, racreating the tidal wetlands .. the restoration of tidal at tion t ; the impounded sites. " After endorsing the aforementioned recommendations of the Florida Game and Fresh Water Fish (',mmjss.on, the field appraisal further states that "...If a flap ysated culvert must be used then the flap gate must be installed on Lne upstream end of the culvert. The flap gate on the downsueam and serves only to drain the impoundment and not to ..._:tore tidal a, ion." These recommendations hive not ',, L"1.^.lKO in the project design. 5) Treasure Coast Regional Planning (Y"nail. 3 July 1980 "Council's primary concou , as t" naintain the integrity of thr wetlands wbic h the proposed road 111 transverse by taking whatever me3suros -oco ssary (e .g. , r -al ign i n;' the road to a more westerly location and improving fli_snins of the diked wetlands)." I have attached copies of these Keuments to this statement. Page 4.7 "Thew wetlands hovtt been previously disturbed by a dike system used for salt marsh mosquito control. These dikes have caused a toss of Kistorical ecological value by reducing plant and animal diversity; an-_ Lave terminated the export of detrital material to Indian <ivpr Estuary, tidal, and freshwater flushing; action, and Yater quality and sediment stabilization." This statement, though essenia.lt• correct, deni.gr:ate•_ thu wetland's current habitat value and does not express the potential for proper habitat manaSement_. In the f irst place, 12C plant species were recorded on-site; and although only lb bird npaciP3 were observed, nearly 100 species could probably be recordwa via gore extensive survey. Secondly, t fou h wai: ear -borne Pu'_r iant export has been eliminated, feeding, activi_tles of wading bira , and : iAratory waterfowl can provide substantial nutrient -export from impounded wetlands. With regarl for the porentia l of A wounded wetlands, I offer the following quote from zorrespondeno e of tie Florida Game and Fresh Water Fish Commission (19 May 1940, enclosed) "...when such areas are imp )ended cril y during the mosquito breeding season anti dewateied with tidal exchange via culverts during the cooler months, they become highly productive units of the estuarine ecosystem... With enlightened man gement, mosquito control impoundments provides goad :mosquito contr:al, uotiand wildlife habitat, and seasonal exchange of nutrients and biota w.tL He adjacent estuary..." Page 4.8 "No ;Tants or animals listed as rare, endangered, or thre;at.neu on either the Federal. or state lists were observed in the project study area. ' Appendix n of `he .epnu st.:ttrl;, however, that brown pelicans and ,:oo& storks were chserveo na site. These species are listed as threatened and undingered, respectively, by the 'lorida flame. and Fresh Wntcr ist Commission. Brown pelicans are al A listed as tmaingerec hv the U.S. Fish and Wildlife_ Service. Filo ondaneerod m.ir too tins been observed in the main .SRV! , nd at ; nant ni • Iw - s 4 :ani inK bird, found on-site are , isL _rd by Kit- WK ,. ecles of special concern. SEP 1 : r47 wor 41011A, � 11 J SEP 141981 Box 47 Rrf 31 1',ige 4.9 "The rroje-t mai ii,duc � development in the floodplain; however, numerous c•ondition�,, i.ncludin­ existing physical land chal:act eristic and adriinist_r, i ._ actives (permits) are not favursb: i.• for developm.nt . Providing positive drainag,, c; these impounded wetlands has bear, :ino l ude.d at the lando, nrr' s requests and would directly impact. the wetland character of i:he impoundments, theraby •ritually assuring future prof-osals for their development, and possibly reducing effectiveness of state and Federal environmental permitti_n;; procedure;;. Again, thank �,ou for your ai.ten�ic:n a.�d consideration of these comments. 5ii:cerely 01 +P ft:iymond Fernald President Pe] ican Island Audubon Society . r . t7 H?'...' ' . NT OF CO:,VIE: INE FISHERIES SERVICE 'gut*aJ_ E,ui1t:� ng 9450 Yo,car Fkoulevard Ste Nater burg, EL 33702 July 16, .1.980 F/SFR61jDEN e93-3503 — „ .Teck G. Jennings, County ltd .irt�.stra 4;,r I r::1L Fin River County County Courthouse V-_ -c., U(ach,, FL 329601 Jennings: ;:s requested by letter dates June 1'0, 1980, from Ar. _urn Wilson, Project Manager, Environn- _,ntal Science and r n .!ring, Inc., the National Marine. Fisheries Service has the proposed Indian River Boulevard Extension (ESE 3C-704-700). 1'.a3ed on our contractor's report, telephone conversation wi t•.rb Wilson on June 16, 1980, enc: previous investigations 1.-1239; Indian River Co., September 21, 1978), we have con- --1,A that the project Mould adversely impact mangrove wetlands. since the least darroa ins alternative alignment has been s_ lt_ c.!d the previously proposed L�cx culvert has been deleted in -Fixed span bridge, and that previously pro_ mitigation (re--aFtablishing tidal ::lurhinca to ir-.-)ounded remains as part oaf the project, we would not object to 7.'_" ycu have nny guetionn, pleas `ont:,ct our Panama City of _!cc. sine( _ -1-1, !1.t,t. •t• Reg lo. -.U, i.'. , c} ' t.-*. r - M. M M, . FLORIDA GAME ANo FRESH WATER FISH COMMISSION C E:C I_ C [MLLY THOMAS L. HIRES SR DONALO G 'Il+ODES 11 C S R BERNARD PARRISH JR C' TOM RAINEY 0 V M Cra•iman _ack!.onvrle Vice Chairman. Tamoa M l Lau Gallie iailahassee M'aml ROBERT M. BRANTLY, Executive Director H E. WALLACE, Assistant Executive Director Ms. Victoria J. Tschinkel Secretary, Department of Environmental Regulation Twin Towers Office Building 1600 Blair Stone Road Tallahassee, Florida 32301 I:e�.r Ms. Tschinkel: Api-it 27, 1981 Pe: )F_r'. Indian River- County :rldian River County The Office of Environmental Services of the Florida Game and Fresh water Fish Commission has reviewed this permit application received from the Department of Environmental RIp,4trl a•tion, dated March 20, 1981. A ':Opy of this letter will be sent to the United States Army Corps of Encineers, Jacksonville District, in cornpliance with the Fish and Wildlife !;ocrdination Act. Indid,p River County prop•;)Ses t: f Boar 4 7 PAGf 433 3. The two culverts east of the road and on both sides of North Canal are proposed with flap gates on the downstream side. This would preclude both passive inioundment of rainwater for mosquito control, and tidewater access to the impounded wetlands during monthly and seasonal (autumn) high tides in the Indian River. This artificial drainage of salt marsh would, if included, cause more environmental damage than any other aspect of this road proposal. Instead of flap gates, the culverts should be equipped with fia3hboard risers to maximize future management options for impoundment. drainage, and tidal access. 4. The culverts tinder the road which are proposed to be plugged should, in,tead, be equipped with flashboard risers to similarly expand management capabilities within the impounded wetlands. If the applicant agrees to these reco:i ,e ndcdti nits , we would not object to issuance of a permit. Please call me if we can be of further 6ssistance. Sincerely yours, Colonel Robert M. Brantly Executive Director United States e°�1'aa 0.dd elAec a tJ!d C�a1r ®s. �s:waVs FISH AND WILI)LIFF SERVICE- P.O. E VICE-P.O. Box 20;7 Vero Beach, Flor!ic, 329G0 e August 4, 1951 ^i District Engineer U.S.'Amy Corps of Engineers P.O. Box 4970 Ja:.ksonville, Florida 32232 Dear Sir: The Fish ant! Wi d i 1-1'a Sera :ice 1 C:,� . •e vt J., i 1. •. _ lJ ,:.e f r,,y J2re.{ 1. ap��1 icc�tt�3n 8i T-lrL ti, dat :d Jill if The applicant, Indian R", ver County, has requested permissio:i V.o bti exter,sio,, of :nciar, R-1ver D01.11evard, a roadway through rvetlznds to the Indian River, l,ndian River County, Florida. Our ca,s: ,,t.; are sub:iiitted in accordance with provisions of the Fish and Wildl if.. Act (45 Stat. 401, as amended; 16 U.S.C. bel et scq.). Please disregard our previous s,ib;-; i ssiJ,:. Ju'" y 27, 1 gE 1. We have.-. atta--hed a letter dated April 27, 19�);, was s4nt fro,-., the Florida Gagne and Fresh Water Fish Commission to t h a Fl ori da Department of Environ- mental Regulation. We find the recoinmendat;ons contained in this letter to he excellent. Therefore, while we hz.ve no abjection to the alignment or construction scheme for Indian River Boulevard, including dike removal as mitigation for road fill, we recom,*2yr;d t.at the four recoiraiendations of the Florida Game and Fresh Water Fist, Co�;issiG,-. he made revisions to the per it instrument. - - a S,.,cer^ely yours, Joseph G. Carroll, Jr. i c iG S;:rery 150r M J,. r V M' > s • �Nevtlnp Tq �let(kt t�tit� •'iry' of 6�ImrM!• ro Oth., Than I he rrsbaa b1-.PA,i7N1ENT OF ENVIRONMENTAL nEGUt_AY(C"J t ' ---- ---- -� inch -- 1rJr'-.RUFF10E MEMORANDUM I I lon, Caw77 ,0: File T1ii?'"it7G:i: Bt:verly vi.ir�:Ctt CIIR,YJGI!: Walt ttitt�elr�r�j 'a .k,1 d I'F?UP�: IlE't?St?, itic�ss.ie�;. i}11T'E: ri.ly 15, 1981 >Ui3JJCT: Indian River CC)uliLy - D/F Indian River County File No. 31--3,)- A. Jct apolicant proposes to c_•..... ; t t�xirr,,;tc,?.y t, Cyr:e mile `/:n ;ion or Indian River }31":? . n0i'L11 to B-,lrber .-1.1" nu•:. pr-, iary purpose for thl� r U;ti 1:;.� `'t \ 'I,t�t? CUlC�:>.?r r:tCCOF tG cl irt.arby hospital. `t'ho, mu,-'Iqui to control impoundint- includrss: 1) construct inc; 1-1 1'.-6 icige over the main 2; installing a double 1;) fc`;)t: box culvert in the rior i �':inal (vossinbury .reek) , 1.:;:;t;al l.ir:c; a double 9 foot by four. tax culvert in a ditctl alone; r,;.tl�r '�v,�nue, and a) providing scv\ +i oli.p':rcal pipes under the l�l,}4�c _;c:i rcla,3. A total of approximatc•J 8.1 acres of wetlands are 't'l:e crossing and filling of this WEILIands, will be offse o fill (mostly a rio,uito control b:tc.k cii;:e) and the '� 24 ioch culverts with flap yat ec (i -)n c3ownstrearn side t�.da 1. influence to impounded •wet:1 ands . to rest 101. ' he geraral vicin it:y is the Wt :.r.c>i e of the Indian •RiNislaNs bib- Vero a Beach north of SR60. This sec,:ion cif. th'! Indican River II; watr!rs and is moderately develop,:!d. tit .elapment, restricted maim'; to south of SRGO and the river + ast :-hare, consists of single faml:l, .;aterfrunt homes. The project vicinity and areas immediately nGr':hl can b:-? characterized as historical -tix.,a rrangrove and Batis/Salic (;1-n'.., ::�m.munities. Later thcsc� arc;.: c , ze imi;c:ll:l�3eci to control mosquito i,reeding. Due to prop+!rty owrio. ct�c;:;c.;ts, (..ach irr,�oundment cell s no'..+ in differing adverse co-n,(i i t l c i— t;r•ii,n Cell.- no .lnidtjt_d rOt' mosquito e)reE'dil1 lr3 ,%. i t:.: ll:ti`rl:ilC� nC technique (dlk0 ti.n) while of:tier:, axe inilu� li� r , i' ''; :ie _ .-1�,ithirl the Fust H6 • P P, +03 is Book 47 434 N SEP 1:-41991 _ . woc -' 4 7 P P c•_i:asultVOillc tI: t,•.i �� ,t , 1 .� cvulol?i►at3 the ilea rby uplands j:npcundments. ;:'• :31 meetings have been 1��1.i tiaitt: `)tI!lty officials, regulatory ie_, and the project concuIt_ant.. of th•-� major concerns is '.: =:i'Ct that tht' I'Oc?i1 T,_.i g}tt, 11'3t'O 01, the master drainage plan now co:3sidered by` the %c)ltnt} , IIr.rIc.d i rine attention to this problem ',(:nn expressed by Ie:�.icic�nt: k4it.hi:, :: subdivision Crest of the r> )sc�Gi road. e concern whic,ti has }peen ot;vic)u:; +.;a all regulatory'agencies :•� 'thc.� early 197':; h~z,; h,,,,tl rhe, ,-t,.,1-,ittant development of the ►;tris surrout7di:,q t}Ic },I-OPosod ro,id -,raj the possible extension tc road further north thruuq}; Add, t i on.il w,:�t.lcarlds. Regulatory -:les have been diving ial � o:t::i<?�: r<�tio:a to this project... t: • of I -he exr:ressec3 i -,,ed to quick emergency service h -spi.tal and the 1 .k O: ,:l.tc�I-t• r- >-tr.s. r:>> ;,it -(:,n '1 G'Ossinhti: y c k. ac ti cant.1_01 iMPOundments. ("a n a I :in canal is thy, Indi -ill Itiv,,j c Canal • , ` ':t. In.3�ari River. m 3 ch drains >,hi�, c.�na? c�ro•,�:c:�s dr�-ain�-aye no or t . ;s groves but also for tirban ,end I ciz,iclential are ?proximately 60 n4i feet kiclL, 11 , a wi!3r structure { str :BEd road) and steep bangs vec�crt.�aCGci by pcppert e (m e )i 41�,� Indiall Niver) . Creek .:: nliury� Creek is now a ditch that rwest to east t of i ndian Rive, an:? is betwenn mosaui: -) control irapotandments.y T1ac is aPPrOximately 25 legit wile :,r.: is vegetated b,✓ mangrove. • trea^a en -3 of Vossin jure' Cz��c•},, ,c west end t._ :s z►i:f has islan:ls of reri Tllan: �•,L of the impoundment ., ,arca o + tid aI ditch extends ' aro►1 v0ssinbury Creek the mwef-;quito control bac}; +.c, Vis,.:_ ` ::r Fati•e;�ue . , 1981 1ta c three tosauito Control Imc3oundinerlLn --- Four separate cells will be crossed. One is more distinct than the ,rather three in that it has not 1.)o(,n subjected to "dewaterin(;„ by mosquito contro.t as requested by the property owner. This cell apparently receives some runoff from tree ,:cijacent subdivision ,gin+:1 has a relief culvert at the southeast cormor to the Main Canal. 'This area is distinct because a viable black mangrove/sea oxeye community exists. Tile remaining impounc.lnicnt cella :11-e ill an .,ldVOl'!:e condition clue •+) mosquito control techniques bot.ti ir3irot►n,iin:.i and the requests of property owners to stop floc*)din(► t:hc', 1.liltl, discharge of fill ant• no efforts to restore_ tidal ct,3;')tit)►, i '.tiithi,1 the wcitland. This rDridition was worsened as a re? 3tiit: Of rc?CCilt: Sf'i'CL'C Cold Wlntt?r; The result of thi?^(? I'aCtOrS 13:t a d::,, t:+�' 1�3n(l, significant nul.t:,,3:' of (leaf;, mangrove (however, IFF' :'engin(; uut new shoots) , and the invasion of t►►,cl,�rsiral)1vc��a(t�itivn (Melaleuca so. and [fit?D1� `rt�i?e) . The inVi3FjOn o sites. D. 4 111'.!(i proposed road w;tll cross 4)t2tlan,1-_: I:i:elf ha,,7e been impounlled for „C)sclui`.o control and large secti.cns th.,.t ix'e filled wetla (including back dikes). Teta impacts tD these areas will by fill removal and, there forc), 1:(_crc:at-ing the tidal we the 'restoration of tidal action to th(,. i.rnptzu►lc?e(j sites. I AIL Discussions with other regulatory acicn cius have brough additional ways to minimize the impact. These include: use of an adjustable wier :instead of a flap gate, and 2) `the of the section of back dike between Vossinbury Creek and Barber Avenue. Both of these would bettr_r restore lost wetlands. if a flap crated culvert must be used then the flap gate must he install,,► C-rl the upstream end of the culvert. The flap gate on the downstreaT -11(1 serves only to drain the. ir..l;ctlrldmelit and not to restore tidal action. j,he additional dike remev:11 will also provide additional 3o,Arces of fill for road cons truct• ion,. SEP 1-4 198,1; . r SEP 141981 �4 Judi i3 ' _ :"•fit �+i, 1'" r•.- __, ....-r, O�i`�` � �.�:i"�"--.•'lver �i �C�`�. e�: �. ,i„.'. ; �(.."r.tT.'''jjj {� GN' 1J( � u,i f I � ! � � 4( � "+ Irl 1 ., �,1 �,: � 4 F'a? �,•`� �\h � . � ~� it l4 G e • «' e only 3, ,hack G. Jonnirigs. 11 ian River Caunty Administrat.o:- G !anty Courthousc,, Roo.-ii1;5 .. �'0 %_h C"FL 3296 ii eject: Proposed Iridian River Boul,--var— k::tension i : r Jack: r 4 TA response to a re;nest byy our ccasu7 `a,l cn the above referenced project, providing you �•jith a copy r f ;..c:;nci1 'r comments on the project which it t' action on at its October 1978 meeting (see attached). The Council's ition on the project was related to pcsible adverse im acts on the area's qc:.�lity and natural habitat (i.e., �!r'jnYent wetlands. Council's �1. J T,317}' concern was to maintain th•_ i nt ec r” i t ):";; y of the wetlands which the rOSeGr road 1Yi71 transverse by �3k ink 1-:h- Le1er measures necessary -,i l Qning the road to a more wester' r io:.;i ' (e•9., diked wetlands). This would alscl}ser";�- tonfac�litatevmosquitoticonting �ol :arts in the area. ;r,e also aware of t1-1:- potial :r: a�,;acent residejlt.ial . ,,s the project have may sr.bdivi;i: n al1:f s:.c�r,dary development r•in.r pi•�>>,�..� ; ,,�•;r,crsi m.-,,,,.1 r r 1 -c -A for the r Wouldcilrl'l.tl'% r't'Sll7t. i�l"ofn till ;u...; c r;;r��; -- � ii„rar_ts in the area YOU to work closely : YcloselyWiththe C -i Ly.. t u-' x _ o; t,li s facility). 1,'e would littirig agencies in resolving tFlc:,e• u. ,, ;ss.,:s. ; ,. Each and the environmental i 'carr, he of further assistance in this T: c either .:iter please do not hesitate me Gurula :lrr i1 Tdlle!1 t . sta:-t . ;11arl�: you for the opportunity truly, illii?n :i- 1'r t lsC)ii, 1. f1G' i rifri �rllal S neerili Inc. C'rlr'C V. Lit}I� alt, cii rr , , C 1 :.y llan:oyer, (;•i L}' o! r o Reach "• _rs r rrncn grerary 0- shmnon .. r...' t :•' .:OTA[-J!'Vn'r' •.�.,. _ [ q b FLORIDA, GANJF- ;',t`dl) �-f,t . }, 'yVAI f P F1-�f-f (.f�MMI >`7t(jN I , ''•lilfitLf t ili t+t t iili! ,-. t raiO flit VI, , , I"t nt-.t', r',III, ! tit tit ii ? S9 'itI.,tV ! i 1 t ._ , .!n.5• 11;,, , t 1 t SJ it I :�(.} f5�'., .IJIi! k .. , .tU.,• 1 r +'! r Hr. Jacob D. V�trn `)ecr'etary, Departt;ierlt of Environmental kL(1L1lJti011 twin Towers Office Building 2600 Blair Stone Rodd Tallahassee, Florida 32301 r�r t'�tir1 1. Ili�.t i+:rJ(i ,. � I + . t •.tll�r• i.,n�I,.t la ' tie: DER 56-28752, St. Lucie COI_,nty, Fee, Koblegard anis Teal Jedr ttr. Varn: the Office of E.nvirortlt+t'nt,r 1 �:,.r tit > t.ht F,nr•irir �f�+n!e and FY-esil 1,}l:er Fish (:o,r,tti;,iun has :eviet�t�ti tfIi, ��i It tll,plicatic)tl received frori the Dtpart'llent Oi i.nvironmcntaiIttr;ul.lr.(I,' ted April y, 1980. A t;i,hy of thi,, letter will 'be sent totl.l' !.{!i!.(.+d t,ites Army C � UY'Ii$ ()fCoordination Act, the Fish and Wildlife lila api)1 icdrlt 1�r�)1JQ�c.':; t:U Jk?vel()I, !l<rt.r'f'S c)f vretldncls VJithln a u;5qui tO control Imi"-i)umi: FF__ 'SEP 141981 Boom ._ the project situ occudies the westerr Portion ur a 639 acre impoundment "hich was construLted in US via placeuuht, of a dile at the edge of ?pen Wher along the river. This impounOnd Se herbaceous salt marsh, salt ponds, tidal creeks, tidal iii tc:hes, dud areas of mangrove growth, clocking sheetflow into the river and tidewater access into the impoundment. The site is now vegetated with a Ma cure red mangrove forest with a 25 to 30 foot canopy. Approximately erne -fourth of the site is shallow open water area within the forest. Although the Indian River -marsh waterho me nutrient exchange has igen blocked by Spoundment and the vegetative diversity of the site has Dien reduced, it still has considerable value as a fish and wildlife Mabi tat, In fact, when such areas are impounued only during the mosquito -ceding season and dowater•ed with t.iSI exchange via culverts during the cooler months, Choy become highly pr•c uct.ive units of the estuarine scosystem. Large populations of resident and MK-Aury birds utilize this and er impoundments adjacent to the Indian Viver for feeding, nesting, rnd loafing, Nesting species include the careen heron;, common gallinule, ileaied woodpecker, red -bellied wocdpuclar, great -crested flycatcher, prairie warbler, and cardinal. The heroun, egrets, white ibis, wood srork (endangered), and other resident watar birds are commonly observed, in these areas. Migratory waterSial AM On the open water areas within his inPoundwent, especially AmeriLan Wigi n, blue -winged teal, green - 090d teal, and r,nrc:rican coot. This par'L-cular impuund lenL is also L r i 1 i zed by the endangered peregr r nrr t a l c oo during Kv winter months. (""Yon Mammals include_ river otter alit:, on We dikes, raccoon, bobcat, tl ,rsh rabbit, acid various rodents. The principal forage fishes within tars impoundment are urosquitofish and- sal s i in molly while the top carnivores are tarpon and snook. Completion of this project as proposed would destroy this tract's waLue as wetland habitat and eliminate the potential for improved ecosystem function through management. The area waL historically a salt marsh with certain wetland values and is now a mangrove forest with different, bun equally defineable values. Any attempt to objectively classify one a� bystem as superior to the other is both difficult and academic, for although the removal of the dikes may be cesirable in certain cases, the tlawan population will never again tolerate the hordes of saltmarsh m—squitoes these areas produce in their natural state. With enlightened "Anagene:nt, mosquito control impoundments provide good mosquito control, �.,­tland wildlife habitat, and seasonal exchange of nutrients and biota th the adjacent estuary. The value of these wetlands makes them j >oitable for development, and we recommend against the issuance of Pis permit. hledwe call if are car„ he of furLhi , dgnintan o, . 1 nCt'► c� , ; , r.•ulunc'I uf.f�l't M. l,rantly � EAPLUBW hirectnr• i i MR. FERNALD STATED HIS GROUP MAINTAINED THAT MORE SERIOUS LEGAL PURSUITS MAY RESULT FROM THE PROJECT AS CURRENTLY DESIGNED. SHIRLEY BASEHORE, 3014 GOLFVIEW DRIVE, CAME BEFORE THE BOARD AND STATED THAT BECAUSE OF THE CLOSE PROXIMITY TO THE MAIN CANAL, HOMES IN THE COUNTRY CLUB POINTE AREA HAVE BEEN FLOODED MANY TIMES. SHE FELT THERE SHOULD BE AN OVERPASS OVER THE RAILROAD, AS WELL AS HAVING PARAMEDICS, IN ORDER TO SAVE LIVES BY GETTING TO THE HOSPITAL QUICKLY. ALAN JACKSON, 3050 PAR DRIVE, QUERIED HOW YOU CAN KEEP FROM HAVING A FLOOD SITUATION, AND EXPRESSED CONCERN WHEN S" OF RAIN FALLS IN A 24 HOUR PERIOD. BRIAN BARNETT, FLORIDA GAME & FRESH WATER FISH COMMISSION, READ THE FOLLOWING STATEMENT: FLORIDA GAME ANr, FRESH WATER Flsti COMMISSION CECIL C. BAILEY THOMAS L. HIRES SR. DONIPJ." `= k `0 —!:,z ;! D S. R. 3FRNARC, PARRIS14 JR C. 'Q".i RHINE, ' Chairman, Jacksonville Vice Chairman. Tempa E:n: (<.;:.: T_,lla��issee N?iar, SM \ ROBERT M. BRANTLY, Executive Director 'ye. o H.E. WALLACE, Assistant Executive Director Indian alvd. Extension DER 31-39 98, t .n.l;. 31T-0292 Incl Ln P ivt r Count,, A Statement To Tho I rnJ i:in River CLunty Comm _i.ssion And The 1"or, i;ity Council Sept enb._•r L'+, 1.981 F.r imi Barnett South Section Lader Office of Fiv7 i r.onmental Services Florida Game ani !=retch hater Fish Commission Cert lioaclt, T•'iorida SEP 14 1981 .z 440 91 The Florida Game and Fresh Water Fish Commission hap- provided comments on this project to t]-:( 1;'.S. :1r•-ly Cor -)s of Engineers and the Florida Department of Environ ental F.egulatien (see enclosed letter dated 27 April 1981). In so doing, we assessed the project impact on fish and wildlife resources, and made several recommendations for design changes which, although i.nsignificanr in cost of implementation, are imperative to insure an environmentally sound project. We -have subsequently learned, via verbal comrinnication and informal correspondence, that Indian River Count-..- intends to adopt only one of those recommendations, that d,,alim_ vit', t'le. hest elevation for the are of proposed uike removal. .".;«-cher rc:E.a-:r,e dation, asking that the dike west of the goad and north ,_ 'he ':'c it urs :'reek canal be scraped down to an intertidal elevation, - dl,,7, -ss 1. as nnnec:esscirv. The a -mount of mitigation rrquir.ed [or jc':t Ls some -',_L siil,jec t ive, but this 3/r4 aC rC lNUU 1l1 VL11 LL iiih i it i.:� ii arca to npproximately 2. acres: not very much for 8 :: res :�f .aE t land :'ill. We still believe this is a reasonable request., a:nd continue to urge its adoption. The last of our recomme dation,-; is the most critically important and, since its implementatic- woul;l ",iv .lti z` no additional construction costs, the lack of County �,cceptan_ e is, at best, t)ewildering. It involves 5 sets of culverts between the e::isting mosquito control impoundmert- and tidally influenced waterways. Thes�2 culverts ,,ere first proposed during interagency negotiation on th«_ project with the idea of restoring tidewater access to the impoundments. 'loaever, the current design of the roadwav has two of these culvert sets pltigged and three more with flap gates on the tidewater, or downsr-reaii.,. end. The dorymstream location of these flap gates would not only exclude t'.dal access to this saltmarsh, but would eliminate the impoundment of rainfall which presently occurs. In effect, this roadway, as prE>sentl.., designed, would eliminate not oiily the 8.1 acres of wetlands whi-h would be filled, but would eliminate, via drainage, 103 acres of, saltmarsh wetlanas. Thus, what began as a simple road project with --some simple mitigation possibilities has become a plan to drain over 10:9 acres of privately-o.aned historic wetlands using public funds. lie have recommended that all these culverts either remain open or be equipped wit'i flasbboard risers, as originally intended, but the County has thus far. refused. Before I continue my cormlents on the proposed wetland drainage, it is important that we know the Mature ..f the land in question. Pre - impoundment photos clearly; she„-: that tLese me squito control impoundments were salt marsh containing ti"til creeks, pone_, ane' a portion of Vossini,ur Creek. bay. The area }las been a snit .Harsh fcr hundre-d,, if not thousands of years, a tact verified by v -[e pre:sen�e of marine anim—il remains in the sediments. The tidal ret:-ne in the saiti. rsh %-ari,,d from dail_ in:.ndution in the creeks, Pan.. -1.2, and n : to r,.,nthl,. , storm, or seasonal flooding over the r(,mainde,- n' the l,:t a daily hap -is on!-,, during the several weeks in lnr. - s,Inimer or autumn when sea level. along Florida's east coast is righ_r t'r.1n usual. This condition is occurring not::, and most of thC-e i7TY)r.tnced x:-_ -.lands would be under tidewater today had the El ilc. c :�,en breached. Because of infrc.quent tida' f lnoE'. i.na, high marsh n-trients are delivered to the Indian River iii seasonal bursts, in contrast to daily nutrient pulses from the low T-i�-sl;. 1.'h re di --hing has extended the web of natural. tide channels, detri al to the estuary is enhanced. The aquatic hahitat affor,J­d b., ditches, natural channels and ponds, and the mars]: itself dur'ng hi. ,}r ,autumn tide= is utilized by a multitude of forage species in: ! udint; �,,r.all f ;hes, biva.ve and gap-tropod molluscs, isopods, fiddler c•r<i1 u�; %,ip, 3s, ,i:id oti:E r st:ialt crustace;tns- These areas also provide nurser:: for r :gimp, hl:te crabs, mullet, snook, and tarpon. A variet-: ta;idi :- D:rds inciu: in;_ _he herons, egrets, woos: stork, .:nd whiti is cor:nc)-1 f, :-d Ern flOMIE'd portions of the high marsh. The high marsh, to^ether t 1 it itcrw.:rd her' of int]-rtidal manYrove swarth, 4S E';;trCme1V ] 01"t :rt.w ­coIo.": o t}: Ir.dl:.r River lagoon. T-) :I c.isctlSSA(1 r n.3t :r al i _in, .-0n silt marsh ecorzy t the late Dr. .iuur ice 11r,1vost I ; :t e'E:: M, M - M "(1) their pri-r,ry procli •r i t ; , ') their special pr^duction of life forms of _,cif ii.: a to rl:tn, (3) their furnishing of lslbitrlt to endatigercd '0 iota, (4) l,t'ir I11 :_�:.on ;;S nutrii.ii[ irat)`; :1n:1 '_hits purifiers of watf,rs, (51 i:c•ir pori action of ncitrbl nts, for i stt ar r (6) their work ;!5 absorl,. t ?i di •1.1,iin, r:t:tlt"n c ner:,,itis, (7) t!,, -Ir role as weather :iodiflcr-4, (°l tI!.•i- c,)nrriIMI t on of rt�c_rcatinn ,ilsi aesthetic val.utl_., L' "d he it i:n: 1 e pr ?sery-it io;! t11 prec. i water." Following impoun,'.ment for to:;gt_tito ,ciitr.ol_ the ven,et.ation changed to mangrove forest. The estu.l: i ;: :iitt.rierit source :111d nrr!;ery ground functions were lost, but the e".;­inded :ignati.c :iabitat improve d cor.ditinn for wading birds and :datcrfc•t.t . Today these wetlands art' -,c lon�•cr pumped tltil of river water :or mosquito control, but they passively impound rainwater, thus sti.11 providing wetland benefits. Oit recent rains have floc.>rled m, )st of the area, providing habitat for for; ge fiche wading biro ;, ducks, otter=., and a variety of other animals. if t1);-;,_, impoundrients were reopened to tidal access, part of the yc,ir tbev woll.ltl have less watts than at present and part of the year they wou L,1 havi2 more water. TOC vogetation .:Quid slowly revert back to a less forested condition. The;• principal benefic is would be the Indian River eEtu;iry, for the _niti-iertt export and r_ursc'ry ground functions would be re-e>,tahl ish- d . recent stuc v by Harbor Branch personnel in an impoundr ont :chit h was reopene ci to the river by culverts found a dramatic ir.cr• , se in t i_sh spe:_ies divc : i;ity, with 40 species in the reconnected tear:�I: inc-ltiding si4;nific;irlt „'lrlhc+rs of Jiiv:_nil snook and tarpon. The drainage of those t; .i _c i. is wr:::l.inds i include(] in the rca(;T.r,ty design because the -swamp land o: ne rs :tiid their -lies hrive. convinc _-:ci the County that if they -Llow nct'7 '. r.i:dct•:iter t" reach th•'se wetlands, e" that the County till 'l:1tc le :>iL '. i,ii.. s1:a(F� til; t ac,ain. if your culverts, which breach d i'•:r i>+til .with p tblic, funds, allow t idewett_•r�: to reach this saltmarsh, as e 'r'ive :1e)r 1^undreds, if not thousands, of years, they say the County l.Tili '>e Lia -Le for perceived dama;es caused by the rise and fall of the tides - in short, the County accents responsi')i : for an Act of God. GenLiem,!o. you are being bluffed. I have worked on dredge and fill permits for the last ;.0 years, many of which have been decided in court. Restoration oi'_ tidal access is routinely required in the permit process. Wiien tidc­,,rriter naturally reaches areas which are naturally below a tidal elevat ian, tht_re are no dama4;es involved and liability can only be assigriod ro ilother Nature. If you are really serioi!s c11•.out building this road in an environrien' .l.. acceptable manner, let me make .)n of fcr. H'Itninate the plugs and flap gates and leave the culverts o;;o.n or t"quipped with F.ashboard risers. In the event spurious; claims of damages are filed against Indian �.iv'.r County, I will assist you is cO,t:lining the most qualified group of witnesses available to provide :�xper.t testimony to t_he fact that these have been saltmarsh wetlands subjoct co periodic tidal flooding since pre -historic times. If you want to be con+:err. l .-; t]! :i Logit Lmate legal I'ssue, consider potential lawsuits front envfronnent i or civic. organizations r.egarlli.n)g the very real loss of nubli;_ ]: lei its l -hen a County road project i=; directly responsible for th-- rr) mage et Priv:'-tely-owned saltmarsh wetlands. All of our sa-Ltmars'.t, troth imponnde.d and unimpounded, is either actively or potentially Impori-ant to the Indian River ecosysteli. Any loss of these wetlands L- wcomp;inied by functional value losses for the ecosystem which are often disproportionately large relative to the acreage involved. As cl•2an te:! :e r, riht1i -'.int f.1sh and wildlife, and ,torr protection in tilt-- Indian ,re. cl i-itnisl,od, the net result i:; lower property values and a reduce io!"! in thi, qua t its of 1 i t'o for area res idem The Indian liver Blvd. t:;t.n::ion project has erioligh controvers; surrounding it without these, e�ii: ironmental. prObLems i.n the current design which are so easily c•t•rn.-Jiod. if you are going to go through with it, I urge you to do iz tf)e right. c.•ay by immediately instructing your consultants to mnke rho.,,, es;r ent t_al design changes. SEP 14 1981 23 Box 4.7 PAP 442 SEP 141991 aoo�c47 'FAAW LENGTHY DISCUSSION TOOK PLACE REGARDING CULVERTS, ELEVATIONS AND DRAINAGE. CHAIRMAN LYONS STATED CULVERTS WERE SUGGESTED TO INSURE ADEQUATE DRAINAGE TO COUNTRY CLUB POINTE AND TO INSURE DRAINAGE FOR THE ENVIRONMENTALLY SENSITIVE AREAS, DISCUSSION CONTINUED ABOUT THE DITCHES ON THE EAST SIDE OF THE PROJECT RUNNING SOUTH, AND THE AREA THAT IS IMPOUNDING RAIN WATER. CHARLES M. .JACKSON, 3030 PAR DRIVE, INFORMED THE BOARD OF THE MILEAGE HE HAD COMPUTED USING VARIOUS ROUTES TO THE HOSPITAL. HE FELT THE QUICKEST ROUTE WOULD BE USING CLUB DRIVE, 30TH STREET, AND LOTH PARKWAY, TO GET TO THE EMERGENCY ROOM. LOIS M. MCBANE RELINQUISHED HER TIME TO HER NEIGHBOR, LETA T. CHESBROUGH, WHO READ ALOUD A LETTER SHE HAD WRITTEN, AS WELL AS ONE FROM JACK AND LOIS MCBANE, TELLING OF THE FLOODING CONDITIONS IN THE COUNTRY CLUB POINTE AREA. ATTORNEY JAMES J. RICHARDSON, OF TALLAHASSEE, CAME BEFORE THE BOARD REPRESENTING PAUL AND CAMILLE HOFFMAN. HE ADVISED THAT HE HAD HAD NO CONTACT FROM THE COUNTY OR THE CONSULTANTS. HE STATED HE WAS ASTOUNDED THAT THE ROAD WAS PLANNED ON A 100 YEAR FLOOD BASIS, AS INTERSTATES ARE PLANNED ON A 75 YEAR BASIS. ATTORNEY RICHARDSON EXPRESSED CONCERN ABOUT THE ELEVATION OF THE ROAD AND THE RAINFALL; AND HE QUESTIONED THE NECESSITY OF TAKING ADDITIONAL LAND FROM HIS CLIENTS. HE WONDERED IF THE PROPOSED ROAD WOULD BE FOUR LANES EVENTUALLY. MORE DISCUSSION FOLLOWED. QUEN WILSON, OF REYNOLDS, SMITH & HILLS, THEN DISCUSSED THE PERMIT WITH ST, JOHNS RIVER WATER MANAGEMENT DTSTRICT. HE ADDED THAT AT THIS POINT THE PERMIT IS STILL VALID - THEIR ENVIRONMENTAL COORDINATORS HAVE BEEN WORKING FOR THE PAST 15 YEARS IN THE SAME MANNER. TOM BUCHANAN, PRESIDENT OF THE BOARD OF THE VOLUNTEER AMBULANCE SQUAD, SPOKE AT GREAT LENGTH ABOUT "CODE BLUE" CALLS. MR. BUCHANAN FELT A GREAT MANY PEOPLE WOULD BENEFIT FROM THE PROPOSED EXTENSION, SUCH AS RESIDENTS OF INDIAN RIVER SHORES; VISTA ROYALE; THE FINGERS AREA; AND 6TH AVENUE, AS WELL AS FOR THE STUDENTS FROM BEACHLAND ELEMENTARY AND ST. EDWARDS SCHOOL. HE DID NOT FEEL A ROUTE THROUGH THE VERO BEACH COUNTRY CLUB AREA WAS FEASIBLE - IT WOULD BE TOO DANGEROUS WITH GOLF CARTS CROSSING THE ROAD. MR. BUCHANAN SUMMARIZED THAT THIS ROAD WAS NECESSARY TO MAKE FASTER RUNS TO THE HOSPITAL. HE URGED THE BOARD TO MOVE AHEAD BECAUSE IF IT IS DELAYED ANY LONGER, THE PRICE OF CONSTRUCTION WOULD GO UP. MAYOR GOFF STATED THAT THE CRITICAL TIME WAS FOR THE AMBULANCE TO GET TO THE PATIENT AS QUICKLY AS POSSIBLE, AND MR, BUCHANAN AGREED. ON MOTION BY COUNCILMAN GREGG, SECONDED BY COUNCILMAN COCHRANE, THE CITY COUNCIL UNANIMOUSLY AGREED TO EXTEND THE TIME OF THE MEETING UNTIL CHAIRMAN LYONS CALLED THE MEETING TO A CLOSE. .JAMES S. HAEGER, BIOLOGIST FROM THE STATE OF FLORIDA, DISTRIBUTED SOME MATERIAL WRITTEN BY GRANT GILMORE REGARDING THE ENVIRONMENTALLY SENSITIVE AREA OF THE PROJECT, ERRE J. HAFFIELD, LOCAL CITIZEN, EXPRESSED CONCERN ABOUT THE HIGH WATER THAT COULD OCCUR IN THIS AREA. MR. GHIOTO NOTED THE HIGH WATER COULD OCCUR FROM A HURRICANE SURGE, FLOODING FROM THE MAIN CANAL, AS WELL AS FROM RAINFALL. RICH VOTAPKA, CIVIL ENGINEER, SPOKE ON HIS OWN BEHALF AND ADDRESSED THE DRAINAGE IN COUNTRY CLUB POINTE. HE FELT THE SUBDIVISION WOULD FLOOD BECAUSE OF THE WAY IT WAS BUILT BY THE DEVELOPER AND WOULD FLOOD REGARDLESS OF WHETHER OR NOT THE ROAD WAS BUILT. HE THOUGHT THAT IT WAS A `BUYER BEWARE" SITUATION IN THAT SUBDIVISION. MR. VOTAPKA REITERATED THAT COUNTRY CLUB POINTE HAPPENED TO BE IN A VERY LOW AREA. HE THEN ADDRESSED THE INTENSITY OF STORMS AND WONDERED WHAT INTENSITY THE ENGINEERS WERE GOING TO PICK FOR THE DESIGN. MR. VOTAPKA SPOKE ABOUT THE JOHNSTOWN FrOOD WHERE THE INTENSITY OF THE STORM WENT BEYOND THE DESIGN CAPABILITY. S f' 25 HE THEN GAVE VARIOUS ma 147 PAGE 444 REASONS WHY THE ROAD SHOULD BE -BUILT: BOOK 4.7 PAPE 445 IT WOULD PROVIDE A ROAD TO THE HOSPITAL; IT WOULD BE A BY-PASS TRANSPORTATION ROUTE; THE ROAD WOULD BE NECESSARY FOR CIVIL DEFENSE PROCEDURES, SHOULD THERE BE A RAILROAD PROBLEM OR IF U.S. #1 WAS CLOSED; IT WOULD PROVIDE A WATER LINE; AND EMERGENCY VEHICLES SHOULD NOT BE ROUTED THROUGH RESIDENTIAL NEIGHBORHOODS. HE THEN COMMENDED REYNOLDS, SMITH & HILLS FOR THEIR WORK AND RECOMMENDED THE BOARD PROCEED WITH THE CONSTRUCTION OF THIS ROAD. ANN MARIE MCCRYSTAL DEFERRED HER TIME TO DR. ROBERT WILLIAMS. DR. WILLIAMS REFUTED WHAT DR. FITTS HAD TO SAY ABOUT GETTING PATIENTS TO THE HOSPITAL. HE FELT THE TIME SPENT GETTING TO THE HOSPITAL WAS VERY IMPORTANT, AND MINUTES DO MAKE A DIFFERENCE IN THE MATTER OF SAVING A LIFE. HE STRESSED THAT THE REAL ACTION TAKES PLACE IN THE EMERGENCY ROOM AND MANY LIVES COULD HAVE BEEN SAVED HAD THE PATIENTS ARRIVED THERE QUICKLY. CRAIG STEWART, 3027 GOLFVIEW DRIVE, DEFERRED HIS TIME TO ATTORNEY DICK BOGOSIAN, BUT HE HAD ALREADY LEFT THE MEETING. JOHN FRIEND, 3000 NASSAU DRIVE, ALSO FELT THE SHORTEST ROUTE TO THE HOSPITAL WOULD BE THROUGH 30TH STREET AND 10TH PARKWAY. D. C. SMITH, 600 RIOMAR DRIVE, APPROACHED THE BOARD SPEAKING AS AN INTERESTED CITIZEN, AND HE FELT THIS PROJECT WOULD BE A VERY IMPORTANT IMPROVEMENT TO THE ENTIRE COUNTY. HE ADDED THAT IT WOULD CREATE ACCESS FROM THE ENTIRE BEACH AREA TO THE HOSPITAL AND TO THE NORTH COUNTY AREA. JUDGE SMITH NOTED THAT THE ENGINEERING ON THIS PROJECT WAS NOW COMPLETE. THERE HAD BEEN A GREAT DEAL OF DISCUSSION ABOUT ALTERNATE IMPROVEMENTS THAT SHOULD OCCUR FIRST BUT HE POINTED OUT THAT NO ENGINEERING HAS BEEN DONE AND IT WOULD TAKE AT LEAST TWO YEARS OF ENGINEERING TIME FOR ANY MAJOR ALTERNATE IMPROVEMENT. JUDGE SMITH RELATED HOW THERE WERE MANY OBJECTIONS WHICH CAUSED DELAY TO THE BUILDING OF THE NEW BRIDGE. HE URGED THE BOARD TO PROCEED WITH THIS PROJECT, AS THE ROAD WAS NEEDED NOVI. HE ALSO URGED THE BOARD TO START THE ENGINEERING WORK ON SOME OTHER ADVISABLE PROJECT AND BY THE TIME THE ENGINEERING FOR IT IS COMPLETED, THERE WILL BE ADDITIONAL MONEY FOR IT. JUDGE SMITH EMPHASIZED THAT THE BOARD SHOULD NOT LET THE ARGUMENTS DEFEAT THIS IMPORTANT PROJECT. _I WILLIAM J. STEWART, ATTORNEY FOR THE INDIAN RIVER MEMORIAL HOSPITAL, CAME BEFORE THE BOARD AND STATED THAT HE DID NOT WANT TO GET INTO A DEBATE REGARDING PRIORITIES AND HE WAS HOPEFUL THAT BOTH PROJECTS COULD MOVE FORWARD. HE THEN RELATED THAT OUT OF 17:000 EMERGENCY VISITS TO THE HOSPITAL, ONLY 3,300 WERE BROUGHT BY AMBULANCE. HE THEN ASKED THE BOARD TO CONSIDER THAT THESE UNTRAINED, NON- PROFESSIONAL PEOPLE WERE DRIVING THROUGH RESIDENTIAL AREAS TRYING TO GET TO THE HOSPITAL IN A HURRY. ATTORNEY STEWART ALSO POINTED OUT THAT WITH 800 EMPLOYEES AND 500 VISITS A DAY AND OVER 100 PHYSICIANS MAKING TWO ROUNDS A DAY, THE HOSPITAL GENERATES A GREAT DEAL OF TRAFFIC THE ROAD WAS NEEDED. HE ADDED THAT THE HOSPITAL HAD INVESTED A GREAT DEAL OF TIME AND THE RIGHT-OF-WAY WAS DONATED FOR BARBER AVENUE. FGA: THE BEST INTEREST OF THE COUNTY AND THE HOSPITAL, HE URGED THAT THE ROAD BE COMPLETED AS SOON AS POSSIBLE. STUART CAMPBELL WAS NOT PRESENT WHEN HIS NAME WAS CALLED. DR. HUGH MCCRYSTAL, 511 BAY DRIVE, APPROACHED THE BOARD REPRESENTING HIMSELF AS AN INDIVIDUAL AND SEVERAL GROUPS: HE IS A BEACH RESIDENT, HAS AN OFFICE IN CLOSE PROXIMITY TO THE HOSPITAL, IS ON THE BOARD OF TRUSTEES AT THE HOSPITAL, AND WAS A RESIDENT OF COUNTRY CLUB POINTE FOR FOUR YEARS. DR. MCCRYSTAL STATED THAT COUNTRY CLUB POINTE WAS A LOW AREA WHEN IT WAS DEVELOPED, AND HE DID NOT BUY A HOUSE THERE BECAUSE OF THAT FACT. HE WAS APPALLED AT THE COMPARISON MADE OF THE ROAD PRIORITIES AND WHAT WAS MORE IMPORTANT: DANGER OF A 16 YEAR OLD STUDENT GETTING HURT IN TRAFFIC ON 16TH STREET, OR A 64 YEAR OLD MAN DYING WITH A HEART ATTACK, DR. MCCRYSTAL THOUGHT PEOPLE SHOULD FORGET THE POLARIZATION OF ONE ROAD VERSUS ANOTHER AND TO TRY TO WORK OUT IMPROVEMENTS ON BOTH ROADS. HE STRESSED HOW DANGEROUS IT WAS TO GO THROUGH COUNTRY CLUB POINTE TO GET TO THE HOSPITAL IN AN EMERGENCY. AFTER THE PROPOSED ROAD IS COMPLETED, THERE WOULD BE FEWER TURNS NEAR THE HOSPITAL EMERGENCY ENTRANCE - IT WOULD BE A STRAIGHT SHOT INSTEAD. HE THEN RECOMMENDED THAT THE COUNTY PROCEED WITH BOTH ROADS: INDIAN RIVER BOULEVARD AND 16TH STREET, AND GIVE MAXIMUM DRAINAGE TO COUNTRY CLUB POINTE. SEP 14 1981 MA Boos 47 Pact 446 SEP 141981 Box 47 PArE447 FRANK L. ZORC, 20TH AVENUE, CAME BEFORE THE BOARD AND EXPRESSED CONCERN WHETHER THE BOULEVARD EXTENSION WAS REALLY JUSTIFIED; HE COULD SHOW THE BOARD ANOTHER ROUTE WHICH WOULD REQUIRE ONLY TWO BLOCKS OF EXTENSION► HE THEN REFERRED TO THE GAS TAX DOLLARS THAT WOULD BE USED FOR THE PROJECT AND WAS CONCERNED ABOUT THE ENVIRONMENTAL PROBLEMS AND STATED THERE WAS SERIOUS DOUBT THAT THE ROAD WAS NEEDED AT ALL. MR. ZORC STATED THAT THE ENGINEERING WAS FAR FROM COMPLETE FOR THE PROJECT, AND JUST BECAUSE THE EXTENSION WAS DECIDED ON YEARS AGO DID NOT MEAN THAT IT HAD TO BE DONE, AS PEOPLE DO CHANGE THEIR MINDS. HE FELT THE FIRST PRIORITY SHOULD BE 16TH STREET. DR. PAUL W► TAYLOR, JR. PASSED HIS OPPORTUNITY TO SPEAK WHEN HIS NAME WAS CALLED. GLENN W. LEGWEN ALSO PASSED UP HIS OPPORTUNITY TO SPEAK. ANN DEWHURST DID NOT RESPOND WHEN HER NAME WAS CALLED-. DR. HERBERT W. KALE, 35 1sT COURT SW, APPROACHED THE BOARD MEMBERS AND MADE THE FOLLOWING STATEMENT: Statement presented to j o, _n ': C i ;o Commission Advisory IIearin� on the proposed Indian Rivcr- vard E.titension,- Sc^teiiiber 14. 1'- 81 Dr. herbert 1%*. Kale II 11y name is Herbert W. Ka 1e II, I lives at 3D ist Court Vero'Beach. 1 €gym a vertebrate k cologist by training alai expt ierce, and am currently Vice President for Ornithological i.ox the Florida Audubon Societe. Tonight, I ars speakin as } vate individual and my comments Dere are ray awn. I requ-st <<;3 they be made a part of the record of tl:is he:,rin,;. Up until the mill 194Us an;' early 1950s, e::Le,isive natural ..i.a, lands existed all along the Indian River. lire tide flowcnl3 i.. <: cut of these marshes, dail-y at some elevations, monthly at. oti-.- i and only several times a hoar at higher eleva::ions, but the c_1 ,- nectlon betwoen the marslh inclS an 4 the lniiian Nive: reMI?]'O ; 1 find opon. t i2,1, u].1lu1,ife lr,.,.t' extremely a1,' � pan -1 so were salt M&I'Sll mo:-(juitoes. Be-inninc, in the 194(JS Y- ti.nuing into the 1960s hun renis of acres of marshland in lndie:i :.i., - er County were dreuged and i.illed to create waterfront hone:.=i.t,�,! The last massive dredge and :ill development was that of the 1•-oo - i ngs Development in the t.c i 96',,. Also in the late 1950s aric! early 1960s almost all of the- ing natural marshlands were: impounded by construction of cjii..:; L• - tween the river an;', the mars.:;. These dikes w(,re built with r: 0, funds by the 1-iosquitc-) Control District on both :,alalic an,,,. pri,::t lands with the permissio:1 01 the landoi�-rer. i'tri; procc.iuie moscuito control was extre-Rcly cuccessiD , resuiting in :_ t'_> --tion in mosquito popul-=t ions, nn;; a sizeaL,lr reductio -i iTl I annual costs of mosquito :;cntrol. Tt:e permanent imaoundiii,, o -i ,.;ator n a salt il;arsh change.i character of the marsh co;,u:unity, , ho over it dict not reduce ;-—.1 }productivity, and birds, fis:l an.. ach,2r wildlife continucci in these marsh impounc -rents. In the 1960s with i1.icreasin,; awareness of the high vale_ eti of rite marscl ec(alovical s�•s ve n:,, dredging and filling of wetlands �.Iaille to a halt. Lvidencc tai losses attributable to the destruction of wetlands are most t i i igly seen in the SJR a ecuction .;L commercial fish harvest 1*'r Indian River betweer 11950 ail,t 1;70, and the decline in iiacii 1}, iiopulations in south Florida from over a million birds in to about 150,000 girds today. The public rt'ali. ed that it was in it:a best interests to er- ; 1 . rampant destruction of our dwindling coastal marches, and to o;. 1, additional destruction only when it was shown to be in teas pub! gest interest. Unfortunatei v, a number of marshland owners the Indian River have never loarned this .V1L3 o;,1 - their :•4):'t a'. "c.. ;_; greed for wealth, which they conA use ,.it1h property rights, ;1�t,. blinded them. In :iii effort c1sa_1`;e the history of their thev ordered the mosquito control lbojr<l to clowater t: eir wetlal:',: so it would leeok like high ur-y land. L ey have successfully -Ln- timitiated tyle Mosquito Control Eo it arra local r;overnments by tareirinint; law suits if effort- ­rc rr.acie to ret -,tire natural tidal Uow onto t}"' ?ir lands. In -Afec_, t} c.: are now using tlik(e!; built ;?t public exnense .:as privy -.P' : trut_'.:uros to _!ewate.t their For those who might t11inkt t}iut r_hiese dr fined iEipoundments are now worthless as biological i:abit.acs, I remind yott that all they require is a year or two of .,�at.er ;rinr" r_idal flora to restore thert to natural marsh]. ands. A large bo(ly of scientific evidence documents -lot Only t:he historic exist=e>ice o•f these salt marshes, but also their value and contribution to ;;i rine )roc'_tictivity, sports and owaierc:ial fishing, bird pc-piiiatia-ls, storm and hurricane flood irotect'-ion, aad human recreaticn a: esthetics. With pussibly one or two exceptions, most of yell realize the need today to pro tett our remaining alaarshl.and.:; in 111....an River County. Whan this road project wa:� ina.t_J.; i:ed, rest of the cot.i:,.ty co,n- inissioners at the time with hor I. a_'.reed t1iat ti11' L:J_`L, it it had to be built in the marsh, •.,ou d be c es i fined ane cc,1l:, t ru"" L in an enviroillnontally responsible ;:ianner, even li thiS ;7roject costs. Several o you ::-ret' that if this; r; -,id it%a l to 'LO i)uilt in the inarsh that ever'; e.'ifo 4oui-d also havo to ;'lack to discourage any subsequent ;ievel­i_::Ont of the Early in the }Manning sta ;CIS £it ".!11.:3 vca I'r 3117.eJ ttlat Lo encourage the state and fee e_ :1 to issue ;i for :ontruction in `he wetlands yo -i ;ous.d died t,l 1)uild iilto the iC:SihTt of ftc.' project mit1.);a*,Jn m �Ures to OffsOL v.etian.: losses. Today you hav ! a permit a--pl; ca: - i1i1 pending, beforO Llo. U.E.R. and Corps of Engineers. A `first :tep in the proeessini,, of this .lerit is acceptance of the �I:Rti s Molt) ical and Water t;:.;lity t,s- Zssraent, and after several deLer:linations of fact as outlined in Ir. Houlihan's lneiro of Septer,i;er 8, approval of the proji�et. Before I go into some envi.ri_. Men _ai aspects of the project, i gust r.:ake a few remarks about the justification £or building this C( -ad in tho wetlands. Initially we we're told that the roast was vitally necessary in order to save, Lives by enabling emer,;ettcy ',ehicles to move quickly over a shorier distance between the beds;; end the new hospital. The Hospi L.31 Board, many doctors, a11d mem- oers of the Ambulance Squad have all cmpliasized the need. Oil the surface it seems so logical - if it is a matter of life or eath who Glares to question it? `io, we all agreed that this road ,.gas badly needed by the public, l:t. :t:y i� it is in the public's in- Lorest, then we were justified in building it in the marshland. t0 a 29 nex 47 PAPE 448 Boa 47 Pn 449 SEP 141991 Those of us concerned about the environmental aspects of building in the wetlands agreed in conversation with several of you that the loss in wetland habitat incurred by uie roadbed could be offset by Alitigation features incorporated into the design of the project. And, aside f.rcm the concerns about po°-sible flooding; in the country ,.lub point subdivision, you slid not <-ar any oppos icion to this project from environmentalists. la retrospect, iool;ing at the ct . design now be.rore u:,, and noting the frantic maneuvering )i some of the adjacent landovners , 1 think we erred in not oppos- ing this project from the outsct. This emergency access jU.Stitication has now come under serious question. The time clained to be saved by this roar, ranges f ron 2-5 minutes. From what I have been Gble to learn, of all the � in- ergency trips to the hospital in the past several years, no lilt e has been lost because of the distance or time in transit to the hospital. Of course, there -;r% oD.,i3ys Com— a first time, but., tar, we have seen no statirc:icC }ex ed 1,ythe hospital Board, the dd�etors, or the anbulanc _' i lint show _flat the t iiia b:iL c ct could have indeed prevented any deaths that occurred after the emergency runs. 1 have oitcr. hear,i that the real emergency pot It) . 4.s not that of getting tho lmtient to the- hospital, but that o: setting the ambulance squad to the patient.. Indere ci, just this last June the Ambulance Squ;:(i .it,u:': ht:fore ttae County Cor:,.miss; chat an advanced cardiac '_ij .' sup ort sy te= and a tram of pnr.• - m6dics would increase the nii• 'L-er of lives saved in this coiinty :,',• 160., If I were a taxin-yer resident with ea heart cond tion would be more interested in having; the county finance a parane+ i.c program costing under $100,OeO before I would insist th-y Lai lr' multi-million dollar road that mmight save a few minutes drivi.ni- time after the ambulance sru�-d izas already rea,ihc?d rte. This claim of emergency need is no shall Natter. On rale -, c•' the DERIs biological ass,� ssment or -,,ears this statement: `Regul<n c. agencies have been giving special c:cnsider4tion to this project: because of ; the expressed need to: provide quick emergency service to the hospital and the lack of alternate routes." This state! -is :suggests to me that if there is no basis of fact for this eoci r n reed, then no special consir.c-ration by the re.-ulatory ugencio: -justified. Concerning th.- lack c alternate : at tc s p I lcrarn : i yesterday that the ambulance sc?uj4 has alreac:y beer. using; an tprnate route that avoids S. 1, a- , cuts several :minutes <lis the beach -hospital trip. Well, if the emergency need and lac t of altori-� ate route art; : c?on't Bold water, then what (:)bier justification is there for hu i, road in the welands. Let us now address some of the environmental aspects of Cie , r, jeet. One of our greatest concerns about this project was thc- impacts on developing of the nearby wetlands. un July 17, 197 shortly after a vis -it with the DE.It, Commissioner Lyons reportek.. the Board "I feel that there is -a good chance that the DER will vc.t vavorably, if we also preface our application with an, statem n that no other roads will be connecte!. to this section of indiar. .River Boulevard without prior approval of :he DEER." I have rici been able to find this preface in the application. The fn,_ -t t the only roads that can be guilt in the wetlands must firs': hav DER approval anyway, way : t: plain this. During the past several months we h.avo been dismayed b; all iii, activity being pursued by lando-�.rners setting; up tl-teir domin)s i,. the wetlands. Land has been purchased along tlac right of '.,;-a1. : u establish nice fat prices, and one owner has bought a ncrro.i r strip of land across the right of tray to establish :prior acco:::. This landowner and others have inch c,at0d that t ileV Week: Stam C ^aunty if this project cause,'. .,iny -_estori-Aticln cJ natural iTii-_e -, ' I ow or drainage on their I— u;; . r .y _ - v -� M 30 I The designers rl:yve failed to i.iclu :e �,u-A is fent :.itigat; pro- ceduros in the desi,,n rpian:­. Cr: .'c,)ril 27, 1931, the 1''';ritia Carle and Fresh dater .- ish Corimis�dan stx ,�sted .lour modifications - three of these relatively in .:ost or design Chang o. These were: 1) Removal of the old c:onLrol dike and fille:i area south of `forth Canal and west of t:i:e road ali.gninent to restore iutertieal habitat - a dosign feature L hat i,; already a par: oa the project. ?) Rcrioval of the dike north o- Horth Canal, thus providing 3%4 a. -re of additional intortidal habitat. 3). .'eplact.nent of the flap gates with flashboard ri ;er.s to maximise -Eu Lura manag{_meilt_ c: )tioilf; _U% i7?Tpoundment, <ir?iIl Uf't and tidal access. gib) Re lit~iT1t•'n Of I�?Lii; C�(� Cl.li�'?`Ci_r w'.th Allt1S�'ikl(� �(A risers. Three or the four requests hdve not. been incoT poi".teij into the road desi-t., and acco-_-dln£: Ln t.li:� C,jiLnt`, Acl_111nistr: "Or 1.I1 a maim :n t `'t On AL"hist .::i), l fv� , ri:ili 1'li L i, e? i,I T !fit : Q low r£';5��*jti; t_ana1/ t3S n0J_ '(}ccn- .. f i`Iriy)! 1_':1k' a. ;I:G' n"3r5 t'.3`r'E:= t .iii:;?- 1 tit.:: i. anti ._t would be me red a xpellsiv f' C:'h ]il �.: � i �lllil feel. c1i'YirUr " :eco,lraendation No. 3 1re,,ents question. It appears ;:hat the owne i-3 clid nor 'Atilt t- i'dal 47at;e� In the -'-e and if we did tris the owners would ha ­e ti-rinl -• :t.?- in, there. Reynold:=, --midi ::nd grill, a:3 Cve11 as our Ut:tcriley, that there is a legal (lues - tion. Quen Wilson has as'•.e j the i_iu :or a legal ruling regarding this particular issue." ifRecQ=eadat.ion No. 4. The culverts are plugged, here again, to appease the land holders aad we would have objections from them if xia would put in the flaslit)card risers rather than the plugs.,' It is quite apparent to me that up until now the owners of these environxe:ntally sensitive wetlands have not only had a lot of input inter this public project, but they have been blessed withk supply if advocates in thein behalf amon17 our county administration„ant: the project pladhne'rs . How else could they have leen 5c SUCCAssful illi obtaining; free pos11' ive? :'rainag;e of their oL'Lznc:s at public exponse? 1, fe%lt°mbnr, Oieso lands ars' not devel-Qpet: with bullrings already in place. Chis is vacant undeveloped wotlanL's developed by nature to natur- Aly handle tiJal_ flow and unlan:_: drainage. By what stretch of _:ase law or court precedes z an ti,. y require that the public provide tlherl with free drainage? To n )pons 1-- h- 1,nzwlower,� v. -5t igners have .3.11.3ed :sill arlr_: Box 47 PACE 451 lt is really a shame that the County did not see fit to purci .-Yse ►Q 55 -acre impoundment just east of the roadway when they had a i..irnce to acv_uire it. For $175,000 they could have obtained a .i2-shland perk with considerable potential for public use and at ec: sane time avoided the tremendous problems that private ownership now causing and certainly will cause in the near future. Back in July 1979 Mr. Lyons wrote "It was decided that one or .010 bridge sections would be substituted for a box culvert near ie northern end (North Canal) of the road in order to protect the -tlands and to provide for future drainage requirements." I note -at that bridge has now been replaced by a smaller -sized culvert. .iiy? When this project first came under~ discussion we were assured u,t the road would not continue in the r}arshlands north of Barber . Vc-liue. Now, Commissioner t.odke is saying that lie believes Indian ,:r Boulevard will eventually connect to U.S. 1 north of Barber Ave. Speaking of Barber Avenue, why does the Barber Avenue connection 7 Indiaii River Boulevard shots, or appe;-.r to show, on the design + an extension eastwarl beyonki Inti i;1:A River I3oulevarci? l:ho is to benefit frca.i this conn(.cLion? is the public paying; for r"jad extension Callose only function is to encourage more wetland +: c loTialent? :peaking to this issue of encourage:hent of wetland development by. !i.lic bodies at public expense, the conments of City Manager John at a special session of the. County Commission on 114ay I alarm ,;neatly. Mr. Little hoped that the .,rid -e across the main canal designed to suppert a water- -m.dad if it wasn' 1=, the city .01.,ld put a water rain on support structures across the canal." :f is to be a matter of public policy to discourage development in -ire wetlands in order to obtain state and federal permits to build :)ridge in the wetlands, then why are we planning to route a water .i.a along this highway? f you really want the DER and the Corps of Engineers to approve �c?.:3 permit, then you are going to have to include some mitigating ti,tures to compensate for the loss of wetland incurred by the road. .'e inclusion of structures that prevent restoration of tidal flow' �ikl natural drainage are self-defeating. If the threat of lawsuits t_:te reason you have taken this action, then why haven't your : ..)rnPys been making an effort to obt..+in a legal ruling on this her? These natural marshes wore diked at public expense for public: benefit - mosquito cont.rol.., 1f the landowners no longer ire this public benefit, then le t-1 l:>re ,-,ch those dikes and restore conditions to the land. Mr. Houl.lhan }gas indicatec! that j1nz1l local governments must make :e�rer�l detcrc�in.�tio2ls rc��c+r.e_in t;iz i)roposed construction prior to ticting on the permit applic--Itlon. -ane of these, Determination No.4 :Mates "That no material or m,-.)netar}, injury will result to adjoin- ing lands" and antler, Deterrrinat. Lon 'No. 5 concerns interference with the conservation of fisia, marina and v i..l_dliie. I ti:ink you find yourselves on the horns of a 'i.lrnnma. Until you ol,t:din z :;uund legal opinion concernirc, :;'.ze �;,L.� or n:,t naterial or iranetary ;_rdury *,rill result to7d'oini::z; by re:;I.orin� natural drain - and tidal flow into o. ncr ;�iosiiuiro control itapoundmcnt:.., you :ally ca2u-iot make this det; n �121�t 1+�s1. If, just to play it safe -.1n this point you clecide that you tiili not risk t.lis inju.•y, you .:ill then not incornrate any cf the mitigating actions outl `ued in te:im E of the DF.'t� s Biological cn- i-ater -,utility :assessment, in of f ect rejecting he DER) s roco"ri' c',n i�il.ions. If this should be your aci_ion a:, .i You ap-)rove the permit applica- tion ;3s presently designed, l pre(iit.tthat it will be fatal to the o�roject. As it is now desit,ned i; w-111 cause positive drainage of riearby weVl.and5, and neith�,r ...lv- ; t. s; or th,,! DEIN will iss-,e a per- :iiit to do that, unless they w;jnt to :;111)ject thetnse,lves to a court ,,h allenge. — _. M _I lside from r ,)L L:uil+:ir,,; ;.,'c roa t in the -first place - iihich r,_- ;rin:s as one v� youraltern::t_iv>>s - all :oLI nned :o do to :.,eke thtk, Cojoct' cnvi.ron-....•rrt il?_v r: s� .:r,s�;. is to ir_ �.r��rate _;IL r file _Ic- kgrt the .few miti-ation faa LUr r" _`,,at -a-,re beer: suf,i,este(!.. 11r. Lyons, you were cuotcc: ir. t: c i)r.ess t.s saiyini, ti.at ;s an or.-- i rnnmentaitst you t-;ould be cz po,,3 ;i t:o this 'aro j ec t, bu t. L:l , L you .,cra. for it bec:au<ic the liubiju ill?�"•;lecl this particular r:%..sa! .-ir_ tilis -ima and location. Y lik=e to i:`-iin;i that a5 an eiiviroi-Lmerltali.. t ! am thinking of t:he public w�ien r ;idvocate environmental respon- ib.ility. Our .�nviron­rent i U• so _uch a port ref :,.ur everyday hoalth !n.d welfare - as well as the ,:?a.ltn ane, we' bare of future i;e ;era - r -ions - that we eannot arfor: to .livorce en-viromiental Concerns ;:roln the public need. Are you now saying that there is no way this road can be built n an environmentally responsible Manner? That none of these litigation features recommen�_ed by well-qualified and exxperienc�ad oculogists can be incor-,crate,i into the design of this roa.�dway? fhat the greed and avariceness of the owners of the surrounding t,atlands are overpowering an(i clomin Int, that there is no way that Indian River County can build this read and at the same time protect t)ur valuable disappearing wetlands:' If this county needs and wants this road badly enough, there it ;Mould be willing; to build it in an environmentally responsible ^anner. Thank you for this opportunity to present my views on this subject. Herbert W. :Gale II MARK WRIGHT DID NOT RESPOND TO THE CALLING OF HIS NAME. DONNA DUVAL STATED THAT SHE CONCURRED WITH DR. WILLIAMS AND DR. MCCRYSTAL. SHE FELT THE BOTTOM LINE WAS SAVING LIVES. BILL BIESCHKE, INTERESTED CITIZEN, INQUIRED IF THE ENGINEERS HAD GATHERED ANY DATA FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OR THE CORPS OF ENGINEERS. MR. GHIOTO RESPONDED THEY HAD OBTAINED THE 100 YEAR SURGE INFORMATION FROM THE FEDERAL MANAGEMENT AGENCY, HE ADVISED THAT THERE WAS NO OTHER DATA AVAILABLE BASED ON STUDIES FOR ANYTHING OTHER THAN HURRICANE SURGE AND THE RIVER. MIKE WODTKE, MEMBER OF THE FIRE DEPARTMENT, EXPRESSED CONCERN ABOUT HAVING TO GO THROUGH A RESIDENTIAL AREA FOR EMERGENCY RUNS TO THE HOSPITAL. .JOHN LITTLE, CITY MANAGER, BRIEFLY DISCUSSED WATER CONTROL AND DRAINAGE IN THE PROPOSED PROJECT AREA. CITY ATTORNEY VITUNAC REVIEWED WITH THE COUNCIL MEMBERS THE FOLLOWING FORM: SEP 14 191 33 s ox 47 RAcf 452. I SEP 14 1981 DREDGE AND FILL REVIEW FORM w 47 PnE 453 Concerning the application of the Board of County Conmi.ssioners of Indian River County to construct an extension of Indian River Boulevard, Section 253.124 F.S. provides that the Board of County Comnissioners must make an application to itself and the City Council of Vero Beach on an application which contains the information listed in paragraph I of this form. The law requires that -the biological report mentioned in paragraph I be read into the record and duly considered at the same meeting at which the Board of County Com-nissioners and City Council takes final action on the application for a permit. 1. The Written Application Must Contain: A) A plan or drawing showing: Check ifIncluded 1. The proposed construction 2. The manner in which said construction will be accomplished 3. The area from which any fill material is to be dredged if the proposed construction is intended to be created from dredged material. B) Biological Report C) Ecological Report D) A hydrographic survey of the area within which such construc- tion and dredging is proposed where deemed necessary by the DepartmeAt of Natural Resources F) An indication whether the applicant holds title to the sub- merged lands which are the subject of the application or is the riparian owner with respect thereto. 2. Column 1 Column 2 Coltman_ _3 If the answer was Yes in Coltman 2, does the p�u lic benefit outweigh the public Area of Inquiry Findings of Fact ham? Is the proposed project in violation Yes of any statute, zoning law, ordinance No or other restriction? Not applicable Is there any harmful obstruction to Yes or alteration of the natural flow of No the navigable water within the area? Not applicable Will there be any harmful or increased Yes erosion, shoaling of charnels, or stag No nant areas of water created thereby? Not applicable Will there be any material injury or umetary damage to adjoining land? Wbuld the project interfere with the conservation of fish, marine, and wildlife or other natural resources? Will the project destroy oyster beds, clam beds, or marine productivity including but not limited to destruc- tion of natural marine habitats, grass flats suitable as nursery or feeding grounds for marine life, including established marine soil suitable for producing growth of a type useful as a nursery or feeding grounds for marine life? Yes No Not applicable Yes No Not applicable Yes No Not applicable Yes No Yes No Yes No Yes No Yes No Yes No 3. If the application was complete and if all questions in Colum 3 were answered Yes then the Hoard of County Comni:si.oners and City Council shall grant the permit to the applic rit subject to the approval of the Board of Trustees of the Internal Iirprovcny-mt Trust Pnnd who shall have the power to approve, reject or issue the permit. M OW FMA.9/81 THE CITY ATTORNEY POINTED OUT THAT THE MEMBERS MUST CONSIDER THE FINDINGS OF FACT, AND EVEN IF THEY DID VOTE TO GRANT THE PERMIT, THEY MAY BE OVERRULED. ATTORNEY VITURAC NOTED THAT THE ONLY THING THAT WAS NOT RELEVANT WAS THE PRIORITY OF ROADS; ALL THEY COULD CONSIDER WERE THE ENVIRONMENTAL ISSUES. CHAIRMAN LYONS NOTED THERE WAS A REQUIREMENT FOR THE READING OF THE BIOLOGICAL REPORT CONCERNING THIS PROJECT. ATTORNEY CIANFRONE STATED THAT IF THERE WAS NO ONE IN THE AUDIENCE WHO OBJECTED, THE REPORT COULD BE SUBMITTED INTO THE RECORD, SINCE IT HAD ALREADY BEEN READ ALOUD, MR. WILSON OF REYNOLDS,, SMITH & HILLS THEN READ ALOUD THE AMENDMENT OF THE BIOLOGICAL REPORT, AS FOLLOWS: 35 Boix 47 PAGE 454 SEP 141991 C State of Florida DEPARTMENT OF ENVIRONMENTAL REGULATION INTEROFFICE MEMORANDUM Box 47 PAGE 455 1 ST. JOHNS RIVER DISTRICT MEMO TO: File THROUGH: Beverley Birkitt THROUGH: Walter. H. Wheeler FROM: Reese Kessler DATE: August 31, 1981 SUBJECT: 31-39798, Indian River County Indian River Boulevard Extension The applicant has modified the original proposal by revising the mean high water elevation from 2.2 ft. (msl) to 0.8 ft. (msl) and providing a .2 mile segment of road between the North end of Indian River Boulevard (proposed) and the East end of Barber Avenue. The section of land between the two roads'consistg of a dirt road that originally was part of a mosquito control impoundment dike. Adjacent to the road is a tidal drainage ditch. This ditch is vegetated by scattered mangrove and flows Southernly toward the North canal (Va.ssinburg Creek) . The proposed modification is not expected to have a significant adverse ef- fect on Marinc biological rC—sources . The original r ^. nmrn � �ti r ...._. � on for minimizing the proposed road are still offered. The flapgate on the culverts must be on the upstream side to restore natural tidal innundation of the swamp. Downstream flagpgate will only drain the impoundment at the benefit of the property owner and not the general public. Therefore flapgates on the upstream side of the culvert or entire removal of the culvert (or plugged culvert) are suggested. For Routing To District Offices And/Or To Other Than The Addresses To: Loctn.: To: Loctn.: I To: Loctn.: From: Date: ) Reply Optional ( ) Reply Required ( ) Into. Only ( ) Date Due: Date Due: _ ST. JOHNS RIVER DISTRICT MEMO TO: File THROUGH: Beverley Birkitt THROUGH: Walter. H. Wheeler FROM: Reese Kessler DATE: August 31, 1981 SUBJECT: 31-39798, Indian River County Indian River Boulevard Extension The applicant has modified the original proposal by revising the mean high water elevation from 2.2 ft. (msl) to 0.8 ft. (msl) and providing a .2 mile segment of road between the North end of Indian River Boulevard (proposed) and the East end of Barber Avenue. The section of land between the two roads'consistg of a dirt road that originally was part of a mosquito control impoundment dike. Adjacent to the road is a tidal drainage ditch. This ditch is vegetated by scattered mangrove and flows Southernly toward the North canal (Va.ssinburg Creek) . The proposed modification is not expected to have a significant adverse ef- fect on Marinc biological rC—sources . The original r ^. nmrn � �ti r ...._. � on for minimizing the proposed road are still offered. The flapgate on the culverts must be on the upstream side to restore natural tidal innundation of the swamp. Downstream flagpgate will only drain the impoundment at the benefit of the property owner and not the general public. Therefore flapgates on the upstream side of the culvert or entire removal of the culvert (or plugged culvert) are suggested. TWIN TOWERS OFFICE BUILDING 2600 BLAIR STONE ROAD TALLAHASSEE, FLORIDA 32301 w—� BOB GRAHAM GOVERNOR JACOB Q. YARN SECRETARY or fXC4 - STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION June 22, 198.1 Indian River County 5406 Hoover Boulevard Tampa, Florida 33614 Attention: Quen Wilson: As we advised you on March 18, 1981 , your application is incomplete without local approval, pursuant to Section 253.124, Florida Statutes, for filling waterward'of the existing mean/ ordinary high water line. Please submit the enclosed copy of our biological comments together with your permit application to the Board of County Commissioners/City Council or their authorized permitting authority. Section 253.124, Florida Statutes, states that the county commission/city council ". . .shall have in hand the (biological) report and findings thereof." It further states, "The report shall be read into the record and duly considered at the same meeting at which the board of county commissioners or other authorized body takes final action on the application for permit." You will need to obtain a copy of the minutes of the meeting or an appropriate indication of the local approval. This letter, resolution or copy of the minutes should be sent to this office. Your application will remain incomplete without valid local approval. If you have any questions concerning this procedure, please contact us. BFB/mlj Enclosure DER Form 17-1.122(50) SEP 141981 37 Sincerely, .41-- _ 67— Beverly F. Birkitt Environmental Specialist Standard Permitting Section mox 47 'PAGE 456 SEP 141991 BOOK 4 7 PACE -4 5- 7 DEPARTMENT OF ENVIRONMENTAL REGULATION PERMIT APPLICATION APPRAISAL �`2G 31' 39798 Indian River File No.; r' County: Date: 52' 1`81 l Applicant Name: Indian River County Address: County Courthouse, Room 115, Vero Beach, Florida 32960 uuen Wilson Agent (if applicable): Environmental Science and Engineering, Inc. Tampa, Florida 33614 Address: Airport Service Center, Suite D. 5406 Hoover Boulevard Location of project: Section(s) Section (s) 36 Township 32S Range 39E - Township - Range - Local Reference: Impoundment between Main Canal and Barber Avenue Water Body: Indian River f Water Classification of Project Area: III Adjacent Waters: III Aquatic Preserve: N/A Outstanding Florida Waters: N/A On site inspection by: Reese Kessler Date of Inspection: 4/30/81 Original Application: Yes No X Revised Application: Yes No XX Date: - Date of 2nd Insp. - Biological and Water Quality Assessment A. Description of proposed project and construction techniques. Quantify area of project.which extends into waters of the state (including the submerged'lands of those waters and the transi- tional zone of the submerged land) as defined in Section 17-4.02 and Section 17-4.28, Florida Administrative Code. B. Biophysical features of general area. Include comments concerning extent of development of adjoining properties as well as relevant historical facts about the area. C. Biophysical features of specific project site and spoil site if applicable. Include identification of bottom types and any relevant historical facts about the area of the project. D. Potential impact of project on biological resources and water quality. Address long-term impact as well as immediate impact for all aspects of the project. E. Suggestions, where appropriate, for modifications that may reduce or minimize the potential impact of project. PERM 16-10(Rev.6/79) LENGTHY DISCUSSION FOLLOWED ABOUT APPROVING THE REPORT, AND WHETHER IT COULD BE AMENDED BASED ON THE INPUT RECEIVED THIS EVENING. MOTION WAS MADE BY COUNCILMAN COCHRANE TO PROCEED IMMEDIATELY WITH THE EXTENSION OF INDIAN RIVER BOULEVARD CONSIDERING THE SUGGESTIONS THAT HAVE BEEN MADE HERE THIS EVENING BY MRS. ROBINSON, THE AUDUBON SOCIETY, AND THE FLORIDA GAME & FRESH WATER FISH COMMISSION; START THE 16TH STREET PROJECT; AND APPOINT A COMMITTEE TO CONSIDER AND RECOMMEND FUTURE ROAD PRIORITIES IN THE CITY AND COUNTY. THE MOTION DIED FOR LACK OF A SECOND. COMMISSIONER WODTKE EXPRESSED CONCERN ABOUT THE DRAINAGE AND HE HAS NO INTENTION OF DRAINING ANY OF THE WETLAND AREA. HE POINTED OUT THAT THE COUNTY HAS DONE CONSIDERABLY MORE THAN THE ENGINEERS HAVE INDICATED BUT THERE IS A SPECIFIC PROBLEM OF DRAINAGE OF THE WETLAND AREA TO THE EAST OF THE PROPOSED ROAD. ATTORNEY CIANFRONE COMMENTED THAT TONIGHT THE TWO BOARDS ARE ACTING AS THE APPLICANT FOR THE PERMIT BECAUSE IT IS A PUBLIC PROJECT. LENGTHY DISCUSSION ENSUED. REESE KESSLER, OF THE DEPARTMENT OF ENVIRONMENTAL REGULATION, CAME BEFORE THE BOARD AND ADVISED THEM THAT HE WAS THE AUTHOR OF THE REPORT ABOUT WHICH EVERYONE IS DEBATING. HE STATED THAT THE REPORT CAN BE APPROVED SUBJECT TO CONDITIONS REFLECTED BY THE PROPOSALS MADE BY FLORIDA GAME & FRESH WATER FISH - THEN THE PROPOSAL COULD BE AMENDED ACCORDINGLY, THROUGH THE DRAWINGS OF MR. GHIOTO. ALL OF THE PRECEDING CONCERNS COULD BE INCORPORATED INTO THE PROPOSAL. COMMISSIONER WODTKE REITERATED THAT IF THEY WOULD APPROVE THE BIOLOGICAL REPORT AND INSTRUCT THE CONSULTANTS TO ADHERE TO THE REPORT, THEY WOULD THEN CONFORM. MR. KESSLER THOUGHT THAT IF THEY WOULD VARY FROM THOSE CONDITIONS PRESENTED, THE BOARD WOULD HAVE TO GO THROUGH -THIS PROCEDURE AGAIN. SEP 141981 Box 47, pace 58 39 SEP 141981 Boa , 47 PACE 459 MR. FERNALD INTERJECTED THAT THEIR ONLY PROBLEM WAS THE EXTENSION OF BARBER AVENUE - THEY WOULD OPPOSE THAT PORTION OF THE PROJECT. A GREAT DEAL OF DISCUSSION OCCURED AT THIS POINT REGARDING THE MOSQUITO CONTROL DIKES. MRS. ROBINSON STRESSED THAT WHAT THE BOARDS ARE ACTUALLY VOTING ON WAS THE PERMIT APPLICATION. ATTORNEY RTCHARDSON OBJECTED TO THE PROCEEDINGS, ON BEHALF OF HIS CLIENTS, SINCE HE DID NOT RECEIVE THE INFORMATION THAT HE HAD REQUESTED FROM THE COUNTY. REFERENCE WAS MADE TO THE FOLLOWING LETTER REGARDING THE RIGHT-OF-WAY: M, DIIII(CIIIIAN& ® HAIERM MEMORANDUM 77 August 24, 1981 TO: NEAL NELSON COUNTY ADMINISTRATOR --INDIAN RIVER COUNTY RE: • INDIAN RIVER BOULEVARD CONDEMNATION Peter Armfield has pretty much completed his appraisal of the properties within the area of the Indian River Boulevard right-of-way. The appraisal totals $204,995.00. As you know, the County will have to pay the landowners' attorneys and expert witnesses over and above the price paid for the land. I estimate that total attorneys' and experts' fees are going to total somewhere around $75,000.00. I am writing this memo to you first, because Peter has not yet formalized his appraisals, although the work has been done and, secondly, you had indicated that you wanted to advise members of the Board of costs involved in the project from the condemnation point of view. If you require anything further, let me know and, in the meantime, I will continue to mark time until I am given the green light by you to pr eed w' condemnation. 1 ICH EL ' AI MO' H/pkm P.S. I would like to know as soon as possible what the probability of condemnation is in order to get photographs of the property while it is still under water from Dennis. This could be an item of around $500.00. MO'H/pkm �aDa: HaD .oma PAA111'r 9.I1a I:`iII.A�'llD ��x•nrIl4; a :����I�au. QD°nnAu�a . (QUX. o a (a Aa fltj:m 9$108$(V AR DIIWAAL IlDI AVY.' • V�iRO ➢$HAAVI7 • W7,01111 DA �°�'�DQn® Bon -'.--119$1-iin900 A6, a 41 Box 47, FAGS 460 Box 4.7 PACE 46 SEP 14191 . MRS. ROBINSON THEN REVIEWED THE CONCERNS OF THE COUNTRY CLUB POINTE RESIDENTS: TO RESTORE THE AREA OF BRIDGING THAT WAS IN THE PLANS IN 1979; CONCERN ABOUT WHAT THE CONDITIONS WILL BE IN THEIR NEIGHBORHOOD 5 OR 10 YEARS FROM NOW; AND TO PURCHASE PROPERTY LYING BETWEEN COUNTRY CLUB POINTE AND INDIAN RIVER BOULEVARD TO SERVE AS A RETENTION POND. BRIEF DISCUSSION FOLLOWED ABOUT THE ACQUISITION ADJOINING PROPERTY TO SERVE AS A RETENTION POND, AND CHAIRMAN LYONS DID NOT KNOW THAT IT EVER WAS OFFICIALLY PROPOSED. DISCUSSION FOLLOWED ALONG THOSE LINES. ATTORNEY VITUNAC COMMENTED THAT THE MOTION SHOULD BE TO APPROVE THE PROJECT, AS AMENDED, WITH CONSIDERATION OF THE BIOLOGICAL REPORT, NOT STRICTLY THE APPROVAL OF THE BIOLOGICAL REPORT. MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMIS— SIONER BIRD, THAT THE BOARD APPROVE THE PROJECT WITH THE AMENDMENTS PROPOSED BY THE FLORIDA GAME & FRESH WATER COMMISSION, TAKING INTO CONSIDERATION THE BIOLOGICAL REPORT, WHICH THE BOARD APPROVES. 77 Stat'', of Florida DEPARTMENT OF ENVIRONMENTAL REGULATION INTEROFFICE MEMORANDUM TO: File ST. JOHNS RIVER DISTRICT THROUGH: Beverly Birket THROUGH: Walt Wheeler 1 FROM: Reese Kessler DATE: May 15, 1981 f SUBJECT: Indian River County - D/F Indian River County File -No. 31-39798 A. The applicant proposes to construct approximately a one mile ex- tension of Indian River Blvd. from SR60 north to Barber Avenue. The primary purpose for the road is to provide quicker access to a nearby hospital. The extension, across mosquito control impoundments, includes: 1) constructing a 126 foot bridge over the main canal, 2) installing a double 10 foot by 5 foot box culvert in the north canal (Vossinbury Creek), 3) installing a double 9 foot by 4 foot box culvert in a'ditch along Barber Avenue, and 4) providing several eliptical pipes under the proposed road. A total of approximately 8.1 acres of wetlands are involved. 1a The crossing and filling of the wetlands will be of fill (mostly a moquito control back dike) and 24 inch culverts with flap gates (on downstream tidal influence to impounded wetlands. 0 offs the side) O� The general vicinity is the west shore of the Indian Ri`*Vero Beach north of SR60. This section of the Indian River is Ka"Is' III Waters and is moderately developed. Development, restricted mainly to south of SR60 and the river east shore, consists of single family waterfront homes. The project vicinity and areas immediately n6rth can be characterized as historical mixed mangrove and Batis/Salicornia communities. Later these areas were impounded to control mosquito breeding. Due to property owner requests, each impoundment cell is now in differing adverse conditions. Some cells are no longer managed for mosquito breeding by the impounding to-chnique (dikes remain) while others are influenced by tides. Within the past few H6 • Rev 7/76 43 Boy 4 i PAGf 462 For Routing To District Offices And/Or To Other Than The Addressee To: Loctn.: To: Loctn.: To: Loctn.: From: Date: ST. JOHNS RIVER DISTRICT THROUGH: Beverly Birket THROUGH: Walt Wheeler 1 FROM: Reese Kessler DATE: May 15, 1981 f SUBJECT: Indian River County - D/F Indian River County File -No. 31-39798 A. The applicant proposes to construct approximately a one mile ex- tension of Indian River Blvd. from SR60 north to Barber Avenue. The primary purpose for the road is to provide quicker access to a nearby hospital. The extension, across mosquito control impoundments, includes: 1) constructing a 126 foot bridge over the main canal, 2) installing a double 10 foot by 5 foot box culvert in the north canal (Vossinbury Creek), 3) installing a double 9 foot by 4 foot box culvert in a'ditch along Barber Avenue, and 4) providing several eliptical pipes under the proposed road. A total of approximately 8.1 acres of wetlands are involved. 1a The crossing and filling of the wetlands will be of fill (mostly a moquito control back dike) and 24 inch culverts with flap gates (on downstream tidal influence to impounded wetlands. 0 offs the side) O� The general vicinity is the west shore of the Indian Ri`*Vero Beach north of SR60. This section of the Indian River is Ka"Is' III Waters and is moderately developed. Development, restricted mainly to south of SR60 and the river east shore, consists of single family waterfront homes. The project vicinity and areas immediately n6rth can be characterized as historical mixed mangrove and Batis/Salicornia communities. Later these areas were impounded to control mosquito breeding. Due to property owner requests, each impoundment cell is now in differing adverse conditions. Some cells are no longer managed for mosquito breeding by the impounding to-chnique (dikes remain) while others are influenced by tides. Within the past few H6 • Rev 7/76 43 Boy 4 i PAGf 462 File May 15, 1981 Page two BOOK 47 Pic 3 months, consultants have inquired about developing the nearby uplands and impoundments. Several meetings have been held with county officials, regulatory agencies and the project consultant. One of the major concerns is the effect that the road might have on the master drainage plan now being considered by the county. Immediate attention to this problem has been expressed by residents within a subdivision west of the proposed road. f Another concern which has been obvious to all regulatory agencies since the early 1970's has been the concomittant development of the wetlands surrounding the proposed road and the possible extension of the road further north through additional wetlands. Regulatory agencies have been giving special consideration to this project because of the expressed need to provide quick emergency service to the hospital and the lack of alternate routes. C. The project area can be divided into 3 distinct areas: 1) Main Canal, 2) Vossinbury Creek, and 3) mosquito control impoundments. Main Canal The main canal is the Indian River Farms Drainage Canals "ch drains to the Indian River. This canal provides drainage no or citrus groves but also for urban and residential are nal is approximately 60 feet wide, has a wier structure ( str the proposed road) and steep banks vegetated by peppert e (m e toward the Indian River). Vossinbury Creek Vossinbury Creek is now a ditch that runs the Indian River and is between mosquito ditch is approximately 25 feet wide and i The upstream end of Vossinbury Creek, the widens and has islands of red mangrove. northward from Vossinbury Creek and along dike to Barber Avenue. ®jk A!%" west to east t . y of control impoundments. The s vegetated by mangrove. west end of the impoundment, A tidal ditch extends the mosquito control back File May 15, 1981 Page three Mosouito Control Impoundments Four separate cells will be crossed. One is more distinct than the other three in that it has not been subjected to "dewatering" by mosquito control as requested by the property owner. This cell apparently receives some runoff from the adjacent subdivision and has a relief culvert at the southeast corner to the Main Canal. This area is distinct because a viable black mangrove/sea oxeye community exists. The remaining impoundment cells are in an adverse condition due to mosquito control techniques both impounding and the requests of property owners to stop flooding the land, discharge of fill and no efforts to restore tidal conditions within the wetland. This condition was worsened as a result of recent severe cold winters. The result of these factors are a dry wetland, significant number of dead mangrove (however, several are sending out new shoots), and the invasion of undersirable vegetation (Melaleuca sp. and peppertree). The invasion of these plants have occurred near fill sites. to The proposed road will cross wetlands that have been impo mosquito control and large sections that are filled wetla (including back dikes). The impacts to these areas will by fill removal and, therefore, recreating the tidal wet the restoration of tidal action to the impounded sites. E. d for Discussions with other regulatory agencies have broughNPWv� additional ways to minimize the impact. These include: use ofan adjustable wier instead of a flap gate, and 2) tval of the section of back dike between Vossinbury Creek and Barber Avenue. Both of these would better restore lost wetlands. If a flap gated culvert must be used then the flap gate must'be installed on the upstream end of the culvert. The flap gate on the downstream end serves only to drain the impoundment and not to restore tidal action. The additional dike removal will also provide additional sources of fill for road construction. SEP 14 1981 45 47 PAGE 464 801( 47 PAGE . SEP 14 1981 COMMISSIONER SCURLOCK COMMENTED THAT AFTER ALL THE DISCUSSION HEARD THIS EVENING, HE CONCURRED THAT THE ENGINEERS HAVE INDICATED THEY WOULD BE ABLE TO INCORPORATE SATISFACTORILY ALL THE COMMENTS HEARD THIS EVENING. HE FELT THE PORTION OF THE LAND BETWEEN INDIAN RIVER BOULEVARD AND COUNTRY CLUB POINTE SHOULD NOT BE ALLOWED TO IMPACT THE AREA OR BECOME DEVELOPED. HE STATED HE WOULD VOTE IN FAVOR OF THE MOTION AND FELT THAT THE CONTROVERSY OVER THE PROJECT HAD BEEN CLOUDED OVER A GREAT DEAL. COMMISSIONER SCURLOCK NOTED THAT THERE HAD BEEN A LACK OF COMMUNICATION AND BETWEEN THE VARIOUS ENVIRONMENTAL AGENCIES, THEY HAVE BEEN ABLE TO OVERCOME THE PROBLEMS, COMMISSIONER FLETCHER QUESTIONED THE NEED TO CONTINUE WITH THE PROJECT, OR TO EVEN HAVE THE ROAD AT ALL, HE REMINDED THOSE PRESENT THAT THEY HAVE ALREADY SPENT $200,000 FOR THE ENGINEERS' WORK AND THAT THERE WERE THOUSANDS OF TAXPAYERS IN THE COUNTY LIVING ON DIRT ROADS WONDERING WHEN THEY WERE GOING TO GET THEIR ROADS PAVED. COM- MISSIONER FLETCHER POINTED OUT THAT THERE ARE 20 BRIDGES IN THE COUNTY THAT NEED DIRECT ATTENTION AND MANY ROADS THAT NEED TO BE MAINTAINED HE FELT IT DIFFICULT TO CONSIDER TAKING CARE OF THE INDIAN RIVER BOULEVARD AND THE 16TH STREET PROJECTS IF WE HAVE TO BORROW ADDITIONAL MONEY TO DO SO. COMMISSIONER FLETCHER FELT IT WAS TIME TO TIGHTEN UP AND MAINTAIN WHAT WE HAVE AND NOT ENCOURAGE DEVELOPMENT IN ENVIRON- MENTALLY SENSITIVE AREAS. HE STATED THAT HE WOULD BE VOTING AGAINST THE MOTION. COMMISSIONER BIRD EXPRESSED CONCERN ABOUT THE PEOPLE LIVING IN COUNTRY CLUB POINTE AND WAS CONVINCED THAT THE ENGINEERS COULD MAKE THE PROPER CHANGES IN THE PLANS. HE EMPHASIZED THAT THIS ROAD WAS NEEDED, NOT ONLY TO GO TO THE HOSPITAL BUT ALSO FOR THE PEOPLE LIVING IN THE NORTH PART OF THE COUNTY TO BE ABLE TO GET TO THE BEACH AREA. COMMISSIONER BIRD FELT A GOOD POINT WAS MADE BY MR. VOTAPKA REGARDING AN EVACUATION BY-PASS - THIS ROAD WOULD ASSURE THE COUNTY OF A SAFE ACCESS. HE STATED THAT HE WOULD VOTE FOR THE MOTION. THE CHAIRMAN STATED THAT THE ENGINEERS° PRESENTATION HAD COMPLETELY SATISFIED HIM. 4 THE CHAIRMAN CALLED FOR THE (QUESTION. IT WAS VOTED ON AND CARRIED WITH A VOTE OF 4 TO 1, WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION. COUNCILMAN CAIN EXCUSED HERSELF FROM PARTICIPATING IN A VOTE DUE TO A CONFLICT OF INTEREST. COUNCILMAN GREGG STATED THAT HE WAS SATISFIED THAT THE CONCERNS WERE MET THAT WERE BROUGHT OUT BY THE FLORIDA GAME & FRESH MATER FISH COMMISSION, THE AUDUBON SOCIETY, AND OTHER ENVIRONMENTALISTS. HE HOPED THE DRAINAGE PROBLEM COULD BE ADDRESSED ADEQUATELY, MAYOR GOFF FELT THE BIOLOGICAL CONCERNS HAVE BEEN MET BUT HE WAS NOT SATISFIED WITH THE DRAINAGE AS DISCUSSED. COUNCILMAN GREGG ASKED MR. GHIOTO IF HE COULD ASSURE THEM THAT THE IMPACT OF ADDITIONAL BUILDINGS THAT HE ADDRESSED IN THEIR CITY STUDY WOULD NOT ADVERSELY IMPACT THIS AREA. MR. GHIOTO COMMENTED THAT RELATIVE TO FUTURE DEVELOPMENT, HE WOULD MAKE RECOMMENDATIONS TO BOTH CITY AND COUNTY BODIES TO INCORPORATE REGULATIONS - THIS WOULD BE THE ONLY WAY TO CONTROL FUTURE DRAINAGE PROBLEMS. DISCUSSION FOLLOWED ABOUT ORDINANCES ADDRESSING SITE PLAN DRAINAGE AND ON-SITE WATER RETENTION. COUNCILMAN BARTON REPORTED THAT HE WOULD VOTE•FOR THE MOTION. HE POINTED OUT THAT IN THE FUTURE HE FELT ALL ELECTED BODIES SHOULD TAKE INTO CONSIDERATION ALL OF THE FACTORS, SUCH AS WATER, SEWER, AND ROADS WHEN THEY PLAN TO BUILD A FACILITY. HE FELT THAT THE TAXPAYERS SHOULD BE TOLD THE TOTAL COST OF THE FACILITY, NO MATTER WHO WAS GOING TO PAY FOR IT. COUNCILMAN BARTON SUGGESTED ALL BODIES WORK TOGETHER TO FIND OUT JUST WHAT WAS NEEDED WHEN PLANNING A PUBLIC FACILITY. HE URGED COOPERATION SINCE FEDERAL FUNDS ARE BEING CUT, LOCAL MONEY WILL HAVE TO BE USED, AND IT COULD BE COSTLY IF WE DO NOT ALL WORK TOGETHER. ATTORNEY VITUNAC ADVISED THE COUNCIL MEMBERS TO ADOPT THE IDENTICAL MOTION THAT THE COUNTY ADOPTED, SEP 14191 �ofl 47 47 Ace 466 SEP 1419911 Book 4 7 pn,E 467 LOTION WAS MADE BY COUNCILMAN GREGG, SECONDED BY COUNCILMAN COCHRANE, THAT THE CITY COUNCIL APPROVE THE PROJECT AS AMENDED BY THE COMMENTS OF THE FLORIDA GAME & FRESH WATER COMMISSION, TAKING INTO CONSIDERATION THE APPROVED BIOLOGICAL REPORT. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY, WITH DOROTHY CAIN ABSTAINING FROM THE VOTE. THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 1:20 O'CLOCK A.M., SEPTEMBER 15, 1981, ATTEST': CLERK