HomeMy WebLinkAbout1/8/1986 (2)Wednesday, January 8, 1986
The Board of County Commissioners of Indian River County,
Florida, met in Special Session at the County Commission
Chambers, 1840 25th Street, Vero Beach, Florida, on Wednesday,
January 8, 1986, at 5:15 o'clock P.M. Present were Don C.
Scurlock, Jr., Chairman; Patrick B. Lyons, Vice -Chairman; Richard
N. Bird; Margaret C. Bowman; and William C. Wodtke, Jr. Also
present were Michael J. Wright, County Administrator; Charles P.
Vitunac, Attorney to the Board of County Commissioners; and
Virginia Hargreaves, Deputy Clerk.
The Chairman called the meeting to order and announced that
it is the first of two public hearings in regard to the
imposition of a fair share roadway improvements fee on new land
development activity.
The hour of 5:15 o'clock P.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit: VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who 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
in the
lished in said newspaper in the issues of
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-
tiserrent; 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.
Sworn to and subscribed before me this day of A.D.
A w ii w
(Clerk of the Circuit (_'ourt, Indian River Cou. lorida)
(SEAL)
BOOK( ', FAU1,E
,d r
Boa 63 PAGE 209
NOTICE OF
'-.46ADWAY IMPROVEMENTS ORDINANCE
asr.�-��.:��_�. A
The Board of County Commissioners of Indian River County proposes to adopt a Fair Share Roadway
Improvements Ordinance to be applied to all land within the area shown in the map in this advertisement. ,
A public hearing on the proposed ordinance will be held on Wednesday, January 8, 1986, at 5:15 p.m., in
the County Commission Chambers in the County Administration Building located at 1840 25th Street, Vero
Beach, Florida.
The purpose of this public hearing is to consider the adoption of a County Ordinance establishing a Fair
Share Roadway Improvements fee for all new land development activity generating traffic including
development in -the unincorporated part of the County and development within municipalties..The ordinance is
entitled:
AN ORDINANCE TO BE KNOWN AS THE INDIAN RIVER COUNTY FAIR SHARE ROADWAY
IMPROVEMENTS ORDINANCE; PROVIDING FOR SHORT TITLE, AUTHORITY AND APPLICABILITY,
PROVIDING FOR INTENT AND PURPOSE; PROVIDING RULES OF CONSTRUCTION; PROVIDING
FOR DEFINITIONS; PROVIDING FOR THE IMPOSITION OF -A FAIR SHARE ROADWAY
IMPROVEMENTS FEE. ON ALL NEW LAND DEVELOPMENT ACTIVITY GENERATING TRAFFIC;
PROVIDING FOR TIME OF PAYMENT, PROVIDING FOR INTERPRETATION OF THE FEE SCHEDULE,
PROVIDING FOR CREDITS; PROVIDING FOR REVIEW OF THE ORDINANCE AND FEE SCHEDULE;
PROVIDING FOR USE OF FUNDS COLLECTED AND TRUST FUNDS; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR LIBERAL CONSTRUCTION AND SEPARABILITY, PROVIDING FOR
PENALTIES; PROVIDING FOR EFFECTIVE DATE.'
The Ordinance establishes a fair share roadway improvements fee for various land use activities
based on which districtof the County the use is located in. The fee schedule .is established as
follows:
FEE SCHEDULE FOR NEW
LAND DEVELOPMENT A iV
•
CT B'fY
Type of Land
District ._• District
District District. District District District District
District
Development Activity
I II
III • • IV V VI VII Vlll
IX
Residentiah
Single family (per unit)
$1095 `1444
$ 793 $ 526 $ 704 $ 330 $ .148 $ 435
$ 161
Multi -family 3 stories +
_
(per unit)
540 712
391 260 347 162 73 214
83
Mobile homes
760 1003
550 366 489 229- 103 302
112
Hotel/motel (per bedroom)
1552 2046
815 541 723 339 1.52 447
166
All other residential
1095 1444
793 526 704 330 148 435
161
Office and Financial
Medical Office
(per 1000 sq.ft.)
2281. 3008
1.651 1097 '1466 687 309 905
336
Other Office
,-
(per 1000 sq. ft.)
937 1235
678 '' 450 602 282 127 372.
138
Industrial:
Warehouse
(per 1000 sq. ft.)
312 :. ;. ,412.
226 150 201 94 42 '` 124
46
General Industrial
(per 1000 sq. ft.)
346 456
25.0 166 222 104 .. ; 47' 137
51
Retail:
Under 50,000 sq. ft.
2031 2679:
1470 ` 977 1305: `• 611275 806
299
(per 1000 sq. ft.) ..
50,000-99.999 sq. h•
2090 2757
', 1513 1005 1343 629' 283 830
- 308
(per 1000 sq. ft.)
J.
100,000.249,999 sq ft
2399 • 3156
.: 1733— • 11$1 - • 1538 `. 720 324 950
353
(per 1000sqft.
250,000 andover ,..
Z47a - " 3260
. ' 1790. 1189 1588 744 ` 335. 981
364
(per 1000 sq, ft.1 }
. y .
Anyone who may wish to appeal any decision which may bemade at this meeting will need'to ensure that
a verbatim record of the proceedings, is made,
which includes the testimony ;and evidience upon which the
appeal is based.
Indian River 'CouMy •,
Board of County Com* aliasi' ners
-s-Patrick B. Lyons, Chairman
2
The Chairman informed those present that the Board would
hear the staff presentation first and then have discussion from
the public.
Public Works Director Davis briefly reviewed staff's actions
since the October 30th workshop. He reported that the County
Administrator, consultants and staff have met with the five
municipalities in the county and also met with the Board of
Realtors and a number of concerned groups and have made some
revisions as a result. Due to the input from the cities and the
DOT's five year Plan, which earmarks about 3/4 million dollars
for a feasibility study on replacing the Merrill Barber Bridge
with a four -lane non-movable structure, they now have focused in
on the Merrill Barber Bridge as that facility that would provide
additional bridge capacity in the 20 year plan. Also, they have
redefined some of the districts, District 5 now being only on the
mainland side, and the barrier island being separated into two
districts - District #1 north of the Merrill Barber Bridge and
District #2 to the south. A new fee table has been developed,
and there have been a number of minor revisions which Director
Davis did not feel require review.
Commissioner Bird wished to know how we justify charging
almost the same in the South Beach District as the North Beach
District if the assumption is that most of the traffic in the
South Beach area will use the 17th Street Bridge.
Director Davis explained that in looking at providing
service between the barrier island and the mainland, they are
looking at the island, the mainland and the bridges as a whole.
The study done by Barton Aschmann isolated the Merrill Barber
Bridge and distributed the cost to all the districts in the
county based on the deficiency we will have on that bridge in the
next twenty years. Since the 17th Street Bridge is now under
capacity, as the island gets more developed, some of the load on
the 17th Street Bridge will be dispersed to the Merrill Barber
o
Bridge when it is improved.
r:3
JAN 8 1986 BOOK 63. FAGc 21®
- r
AN 1996 Boos 63 PAGE 211
Commissioner Bird asked if he was saying all of the 9
districts will pay a share for replacing the Merrill Barber
Bridge, and Director Davis confirmed each district would pay a
proportionate share, not only for the bridge, but for the
approach to it. The further away the district, the lower the
percentage they would be charged.
Commissioner Bird inquired about the percentages to be paid
by the North Barrier Island District and the South Barrier Island
District, and Administrator Wright advised it would be 31% and
- 29% respectively.
Commissioner Bird asked if there are any other major
expenditures, such as the bridge, that have been apportioned
throughout the districts, and he was advised just the access to
the bridge, which would include a portion of the Twin Pairs
project.
Director Davis explained that the DOT had a problem
justifying funding the off system link of the Twin Pairs project,
and the cost we are including as a county contribution (about
$400,000) is just for that off system link which will tie the
Boulevard to U.S.1 and serve as an approach to both bridges.
Commissioner Bird continued to discuss the breakdown of
costs within the districts, noting that medical offices appear to
be paying 21 times as much as other offices, and he assumed there
is some hard data to justify that.
Michael Brown of Barton Aschmann, Consultants, advised that
all these numbers are based on trip generation types. They set
traffic counters out all over the county, and while the trip
generation figures for that particular category are higher than
the state average, those are the numbers their study came up
with.
Commissioner Wodtke asked if Medical Office refers simply to
a regular doctor's office or a medical clinic, and Mr. Brown
advised they were referring to a doctor's office as such;
4
however, it is not based on a single office but on so much per
thousand square feet.
The Administrator requested that the consultant explain the
provision people have to "opt out" of this chart.
Mr. Brown informed the Board that since the categories are
very general, they have set up a provision in the ordinance which
allows an individual to come in and state that his development
does not fall into these categories and that it has a different
trip generation rate. He then has the option of either using the
statewide average for trip generations or having someone go out
and do an independent study for him and petition to have his fee
reduced accordingly.
Chairman Scurlock felt if a significant amount of the appeal
process took place and many reductions were granted, the cumula-
tive effect would be that some portion of the capital improvement
program would turn out to be underfunded and would have to be
picked up by someone else.
Commissioner Wodtke inquired how these fees will be col-
lected - will the cities collect them or will we collect them and
turn them over to the cities to utilize?
Chairman Scurlock advised that it depends on the situation.
For example, the City of Vero Beach building permits are issued
out of the County offices so we are in control of that while
other municipalities do this separately and will collect the fees
and convey them over.
Commissioner Wodtke noted that in all cases, however, the
impact fees will be money the Board of County Commissioners will
have the responsibility to spend and to make the traffic
improvements. This was confirmed, and it was noted that the
funds will be escrowed in specific accounts for specific
districts.
Commissioner Wodtke then inquired how the various projects
In the different districts will be handled, i.e., R/W
acquisition, what is to be done to the road, etc.
I
BOOK 63 Fact 2��
JAN 1986
BOOK 63 PAGE 213
Director Davis advised that there is a detailed scope of
work for each project in their report. For some of the secondary
roads, it includes right-of-way (R/W) access and the construction
of a 2 or 3 lane roadway, including drainage, etc., and this
varies depending on the project. He noted that they have
actually gone in and estimated R/W costs and tried to come up
with a realistic construction cost for each district. For
instance, it is much more expensive to acquire R/W on the Barrier
Island and construct a road in an urban part of the island than
in the western reaches of the county, and it -is the cost per lane
mile that is important in the calculation of the impact fees.
Chairman Scurlock emphasized that this whole process is not
static-; it is dynamic and will continue to be readdressed as
additional items are added to the capital improvement list.
Commissioner Wodtke noted that 12th Street, for example,
lies between District 8 and District 9, and he wished to know
which district it is considered to be in, and how the costs of
improving it will be handled?
Mr. Brown advised that there are many projects that fall on
the boundary lines and can be funded by both districts, and
Director Davis clarified that each district would fund 50% of the
total project costs, including acquisition of R/W on both sides
of the road.
Commissioner Wodtke believed we said every dollar we collect
in a district must be spent in that district, but Craig
Richardson of Barton Aschmann pointed out that there is a
provision in the ordinance that states that if a district is
bounded by a major arterial, the monies from either district can
be used for the capital improvements on that road.
Commissioner Wodtke brought up the situation on 12th St.
just a few weeks ago where an additional 50' R/W was requested
from Sugar Mill Estates. He understood that particular R/W was
not included in the impact fees and wished to know if it is now
included.
Director Davis explained that the R/W issue is a major issue
they have been struggling with. He clarified that the R/W
included is the R/W necessary to build all projects on the 20
year program that has been identified. Exhibit B includes all
the projects in that 20 year plan, and if the project is not
shown there, then the money would not be used to fund that R/W
acquisition. Director Davis noted that impact fees are not going
to be a total remedy to all of our R/W problems. He commented
that they met with Lee County yesterday, and they are struggling
with this same issue.
Administrator Wright confirmed that impact fees will fund
only about 20-250 of our needs for the next 20 years. We will
have to solve the R/W issue through some other methodology, and
we do not yet have an answer for the off system acquisitions.
Chairman Scurlock agreed this is a real problem because it
seems inequitable to require donation of R/W because someone is
ready to build, and the person next door ends up getting paid for
it because he is not ready to build. He almost felt we should
pay for all our R/W.
Commissioner Wodtke wished to know why widening of 12th
Street in the 43rd Avenue area is not included in the 20 year
plan.
Director Davis noted that it is hard to see on the map, but
basically on 12th St. there are major intersection improvements
scheduled at 27th Ave. and at 43rd Ave., and there is a secondary
project between Kings Highway and 90th Avenue. He explained that
the computer model has projected future trips based on past
growth; that 12th St. corridor in the past has not grown to all
that great a degree and, therefore, it is not showing major
widening of 12th Street in that area around 43rd Ave. and Old
Sugar Mill Subdivision.
Chairman Scurlock pointed out that if activity increased in
that area, it could be added to the program, and he believed it
7
JAN 8 1986Boa 63 m".;L 214
FFF--
,SAN, Boor, 63 Fnn_ 215
will occur in certain road situations that the activity does not
track the historical records.
Commissioner Wodtke asked it, for instance, a development
were to occur west of Kings Highway on 12th Street, and 50'
additional R/W was requested from those individuals, would they
receive credit toward their impact fee?
Director Davis confirmed that they would get a portion
depending on the value of the R/W; there is language in the
ordinance that spells out how they get that credit.
--- Commissioner Bird asked if they don't get full credit for
the appraised value of the R/W donation, and Director Davis
explained they would only if it is on our capital improvement
program.
Commissioner Wodtke noted that apparently then if they are
east of Kings Highway on 12th St., they won't receive credit
towards the impact fee, and Administrator Wright agreed that is
the problem we have been struggling with for several weeks. We
have to find some equity, but he did not think we can find it
tonight. Lee County is experiencing the same problem. The
Administrator felt it must be kept in mind that this is only part
of an overall funding mechanism.
Commissioner Bird brought up 53rd Street which runs east and
west and divides districts 7 and 8. He wished to know how we
explain to someone who builds a single family home on the south
side that their impact fee is $450 while on the north side of the
same street, the fee is $150, or 1/3 as much.
Mr. Richardson stated that the impact fee ordinance they
have developed for the county is very clear on this. The first
impact ordinances developed used a countywide fee schedule, but
experience showed that this resulted in people in the more remote
areas of the county paying a lot higher fee than their impact
actually was. The proposed ordinance tries to mitigate that
problem and recognize those differences by creating districts
with varying fees.
However, in districting you also create some
8
averages and you have to draw the line somewhere. Mr. Richardson
felt they have contoured the boundaries in such a way that they
are legitimate. For example, the individual who lives on the
north of 53rd St. most probably will use it every time he goes to
town while the person on the south side of 53rd St. will travel
for the most part within District 8 and the road cost there is
greater.
Commissioner Bird agreed a line has to be drawn, but felt
the characteristics of Districts 7 and 8 actually are very
similar and did not know how to justify the triple difference in
the fee.
Mr. Brown referenced the population projections the county
provided which he felt were fairly reasonable, and stressed that
the key element is SR 60, which is the major east -west corridor
linking out to 1-95 as well as into downtown Vero and also across
the bridge to the island. More growth will occur in that area,
and therefore, more improvements will be required in District 8
than District 7.
Commissioner Bird argued that although it will cost more
money to put the roads in District 8, he felt you will have more
development there to share the burden because the area will
in -fill faster than District 7.
Mr..Brown agreed but pointed out that real estate costs will
be higher there because it will develop faster.
Commissioner Bird realized impact ordinances have not been
implemented for a long period of time, but asked if Barton
Aschmann has seen any shift in commercial, industrial or even
residential development patterns in areas where they have set
impact fees.
Mr. Brown stated that they do not have experience in terms
of districting, which is a fairly new concept, but when you have
a countywide impact fee right next to a county that doesn't have
an impact fee, such as Broward County which has a substantial
impact fee and is next to Dade County, which has none, they have
9
JAN 8 1986 Bou 63 Fa,E 216
JAN
X9 6 Boa 63 ��,-L217
not seen any cooling oft effect in Broward County. To the
contrary, it is one of the fastest growing counties in the state.
Chairman Scurlock felt it is logical to assume that
development will take place where you have the infrastructure.
Water, sewer, transportation, and land costs are all inter-
related, and he felt it will all balance because where you have
this, land values will rise.
Director Davis wished the Board to be aware that during the
workshops, the City of Vero Beach had some comments re the fact
that we have a 15% reduction in the fee table to encourage the
use of the fee table, and there were some who felt we should not
have such a reduction and that the fee should be 100%.
The Chairman asked if anyone present wished to be heard.
Robert Gaskill came before the Board representing Vista
Properties and stated he would like to file the first appeal
since he had a problem with the multi -family shown on the table.
He noted that previously the chart showed multi family and single
family, and now it shows multi family 3 story and over. Under
the new criteria anything two stories and under would fall under
single family assessments. Mr. Gaskill pointed out that if you
had a project with two and three story buildings with identical
units, the person in the 3 story building would be paying half
what the person in an identical unit in a 2 story building would
be paying. He felt we should have multiple family as such and
single family as such and not differentiate by height.
Mr. Brown explained the reason for the difference is that
all the units they surveyed in the county that were over three
stories high were primarily retirement situations and generally
their trip generation is about half.
Mr. Gaskill pointed out that Vista Properties has put in
well over 2,000 two story retirement units in this county.
Mr. Brown believed if it is a retirement community, that it
is definitely open to apply for a modification of the fee.
10
Mr. Gaskill stated that rather than go through a study and
the whole appeal process, he would like to have this specified in
the ordinance.
Administrator Wright asked if Mr. Gaskill was saying put
retirement units in as a special category, and Chairman Scurlock
felt he was saying that the actual use is what is important and
that doesn't relate to whether it is a two or three story
building.
Mr. Gaskill clarified that he was mainly concentrating on
differentiating between single family and multiple family and
differentiating by use rather than height.
The Board continued to discuss this situation at length, and
Administrator Wright noted that we have another hearing on this
ordinance scheduled in two weeks; staff will be looking at this
closely and possibly do some adjusting.
Barclay Henderson, Executive Vice -President, Associated
General Contractors of America, West Palm Beach, was very
interested in hearing some of the comments made by Commissioner
Bird and wished to acquaint the Board with the discussion he had
with attorneys who handled the case for Palm Beach County. He
understood what the Dunedin Case presented was water and sewer as
individual entities not interconnecting whatsoever, and those
fees were different rate structures. It is their contention, to
alleviate the problem Commissioner Bird has, that the Palm Beach
County case speaks to roads, and they consider roads different
than water and sewer plants because they consider the road
network interconnecting. They, therefore, think and believe very
strongly that the fee arrangements for all the various categories
should be the same throughout the county. In regard to holding
one year reviews of the impacts fees, Mr. Henderson submitted
possibly a three year review would be more in keeping with the
growth of the county. He also felt the Board might wish to
consider increasing the number of categories in the plan; there
is nothing for a convenience store, for instance. Mr. Henderson
11
1986 Boors 63 "A"218
JA
1986BOOK
63 inn 219
felt the County is on the right track but
that more
discussion
and input from the community is required.
Commissioner Bowman asked if convenience stores wouldn't
come under the retail category.
Director Davis advised that staff has been working on imple-
mentation policies and has tables from Lee County. This would be
a part of implementation policies.
Commissioner Bird believed there is no doubt at all that a
convenience store generates far more trips than any doctor's
office, but Mr. -Brown stated it would .depend on the size of the
facility, and the problem is how many categories can you list.
Discussion resumed re the varying fee vs, single fee issue,
and Mr. Richardson, who was involved in the Palm Beach litiga-
tion, emphasized that he was very comfortable with the idea of
the varying fee districts. He felt it was made clear in the
Dunedin decision, which is the landmark case in Florida, that you
can have varying rates. He further noted that the issue of the
distinctions between water and sewer and transportation as they
apply to the legal principles that were to be applied in the
design of the road impact fees were addressed both by the circuit
and appellate courts and the courts determined that there is no
distinction as far as the application of legal standards are
concerned.
Peter Robinson, developer of Laurel Homes, and also
representing Treasure Coast Builders Association, reported that
the Building Association had a meeting today and reviewed these
fees. Mr. Robinson believed we can all find problems with these
fees, but agreed we all know it is a fact of life that we are
going to get impact fees. He felt it is very important that this
county sets up some sort of committee to keep working on these
things and keep improving them and believed what is needed is an
infrastructure committee that is concerned with nothing else. As
far as the different districts are concerned, he noted that in
Orange County, they tried to throw all the districts together,
12
and it was terrible. In fact, at one time Orange County wanted
to charge convenience stores an $110,000 impact flee.
Chairman Scurlock believed we have used workshop meetings
very well, and it would be his thought process that the
interested groups would be very formally involved not only in the
one year evaluation but the 5 year capital improvement program
also. He certainly felt it would be to the interests of the
Commission to have some kind of committee, have a liaison with
the various groups, and go back to workshop.
Mr. Robinson felt there is a need to spend more time with
the multi family area. He went on to address his personal
problem with his development on 12th St. He noted that as soon
as they came in with Laurel Court, they were told 12th Street had
to be widened and they had to give up two lots that were worth
$35,000; however, when he asked if he got credit for this against
the impact fees, he was told he would not because it isn't shown
on the map. Mr. Robinson felt being required to donate land and
then still being required to pay impact fees is something that
will have to be dealt with. He pointed out that the wording in
the ordinance indicates it is not the purpose of the ordinance to
collect any funds, land or public facilities from new land
development activity in excess of the actual amount necessary to
offset the demand on the county's major network system. He felt
when the county has people on the major road network system and
wants them to give all that R/W but refuses to give excess
credit, they are going to be faced with a situation where the
person will only give whatever equals his impact fee and then
make the county pay.for the rest of it. He did not know how the
county will deal with this problem.
Attorney Vitunac pointed out that if the development has a
site related roadway need, the developer will have to donate it
without credit and still pay an impact fee. He explained that a
site related need is some need on the roadway system specifically
related to the development itself - access, signalization, etc. _..
13
JAN 8 1986 63
J A N 1986 BOOK 63 FAGc 291
Mr. Robinson clarified that what he is talking about is
giving up road R/W not being used right now, but that is needed
for the future. Administrator Wright noted that the instance Mr.
Robinson was referring to was an off system dedication.
Chairman Scurlock expressed his opinion that possibly the
County should pay for all right-of-way so that everyone gets
treated fairly whether they are going to develop now or later,
and then the only question is the methodology of paying for the
R/W.
Administrator Wright concurred that we are going to have to
come up with a R/W acquisition methodology and we are probably
dealing with one of three things - special assessments, a gas tax
or ad valorem taxes. He did feel the special assessment would be
the best, and felt we will have to face this very shortly.
Mr. Robinson believed the gas tax is a possibility the
County hasn't used yet.
Discussion ensued about the fact that we only went to 2t
while most other counties went to 44 and now the state says you
can go to 6¢.
Commissioner Lyons left the meeting at 6:15 o'clock P.M
Commissioner Wodtke felt we need to look at the practicality
of some of the primary and secondary roads actually being four
laned. For instance, he did not know the economic practicality
of us saying that 16th, 12th and 4th Sts. are going to be four
lane highways into U.S.I, and if so, he would like to have an
idea of what the cost might be. Also if all this is going west
to east, do we want to channel some of it somewhere else?
Administrator Wright noted that one other option is density
reduction, and Chairman Scurlock commented that in major cities,
buildings are pulled down for highway expansion.
The Administrator agreed that we need to look at the
Thoroughfare Plan continuously as the county grows.
Director Davis pointed out that we are not indicating that
16th St. or 8th St. or 1st St. SW will be four laned. At this
14
time those will be three lane roads similar to 16th St. 12th
Street is a primary collector, and they will be greater than 3
lanes. Our traffic model is based on a 20 year horizon and based
on that we do not know what will be four laned.
Vero Beach City Manager John Little complimented the Board
on "biting the bullet." He believed the consultants have done a
good job and felt the questions the City staff had have been
addressed. He stated that, from the City staff level, they are
content at the reaction from the County staff and have concluded
that the City does not need an interlocal agreement. Mr. Little
felt the County should put this ordinance in place as quickly as
possibly and not study it to death, but deal with the imperfec-
tions as experience grows. He advised that he will inform City
Council that the county staff has dealt with the City's sugges-
tions, and then when the Board has approved this ordinance and it
is final, the City will again scrutinize it at the staff level,
and he will go to the City Council and recommend that they not
opt out.
George Gross, speaking as a private citizen, expressed
concern with the use of the districts' funds for the b.ridge. He
noted that the language proposed states that the nine trust
accounts "may" be used out of the districts, but he wanted to
know why the percentages by district are not spelled out. He
thought we had to specify where the funds are -being used, and he
felt the percentages should be noted for everyone.
Mr. Richardson explained that the reason the language "may"
was used is because at this point in time the bridge facility is
planned, but it is not a certainty. There is a requirement in
the ordinance that the monies must be expended within 7 years.
If 7 years from now a bridge facility has not been initiated, the
Commission could decide to refund the monies. In terms of
setting down the specific percentages by district, that could be
done. He did not have strong feelings about that.
15
Bou 63 pn 222
JAN 8 1986 Boos 63 Face2?3
Administrator Wright felt this should be included as
Appendix "C", and this was agreed upon.
Nancy Offutt next came before the Board representing the
Chamber of Commerce and the Board of Realtors. She asked if a
dollar amount to be applied for the bridge and the twin pairs
project has been attached to every district, and it was explained
that it will be a percentage rather than dollars.
Mrs. Offutt wished to know if the level of service in an
area deteriorates and there are not sufficient impact fees in
--- that district for. -the improvements for the road, where the money
for that comes from.
Director Davis pointed out that basically the Comprehensive
Plan would prohibit development from impacting a roadway
adversely and degrading the level of service below a certain
level; so, the developer would have certain options. He could
communicate with other developers and fund the shortfall and that
would be his premium for accelerating development in his area.
Administrator Wright again emphasized that impact fees will
only account for a fraction of our total road cost. We have
done a good job of staying ahead of level of Service "D", but to
meet our road needs, we will need the revenue we have now, the
impact fees, and more gas tax monies.
Mrs. Offutt asked if the redevelopment efforts that would
take place in some of the urbanized areas were taken into
consideration in the model.
Director Davis noted that the 20 year horizon does not
anticipate going into an an area in Vero Beach and tearing down
single family homes. It has taken a look at historic growth
trends in the area and projected new growth on a 20 year horizon.
Mrs. Offutt asked if the new growth is based on the fact
that it is already built out and, therefore,.you don't anticipate
much new growth.
16
Administrator Wright noted that as we get into some
redevelopment, the model will show that we may need to change
fees some, and they will be changed accordingly.
Mrs. Offutt inquired whether building permits will be
issued based strictly on intensification of use or on the size of
the commercial establishments in square footage because she would
hate to see building permits held up or impact fees attached just
for improving properties, but not necessarily intensifying the
use.
Mr. Richardson explained there actually has to be a change
of the use and an addition of use which increases traffic on the
road system. The fee assessed would be the difference between
the existing use and the use as it intensified.
Mrs. Offutt supported Peter Robinson's recommendation about
the need for an advisory committee, and Chairman Scurlock noted
that we already have the Transportation Planning Committee in
place where we look at traffic situations and make recommenda-
tions, and it has representation from the municipalities. He
asked if Mrs. Offutt felt that would serve.
Mrs. Offutt believed other counties have a specific infra-
structure committee, and she would like to see the committee
expanded. Commissioner Wodtke concurred that the committee might
need to be a little different structure.
Charles Davis, member of the Board of Directors of the Board
of Realtors, agreed that there are a lot of imponderables and
unknowns. One thing that did come out at their meetings was a
concern for the adequacy of this fund, and apparently it is not
totally adequate to do what is needed. He noted that the gas tax
and special assessments have been mentioned as additional funding
sources and wondered whether any thought has been given to
bonding based on a limited ad valorem tax or whether any thought
has been given to tolls on specific bottlenecks.
Administrator Wright pointed out that it is necessary to
7 BOOK J p,AGE
JAN 8 1986 ,
JAN 8 1986 Boa63 F,1^E 296-o5
�6-o
have a referendum to bond ad valorem taxes, and Chairman Scurlock
stated the emphasis is away from ad valorem taxes.
Administrator Wright noted that we will need funds for
bridge replacements, etc., and we can only use the impact money
for new growth. We will need additional money just to keep up
what we already have.
Realtor Davis had a question about how long this money will
sit there before it will be used.
Commissioner Bird believed there is borrowing that can be
done interfund because some of the kitties in some of the
districts will be slow in growing.
Director Davis advised that the state is urging the counties
to adopt a 64 gas tax; he believed the state will offer incen-
tives; and felt we must give this consideration.
Chairman Scurlock determined that no one further wished to
be heard, and, therefore, this meeting will be continued to
January 22nd.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Bird, Commissioner Lyons having left
the meeting, the Board unanimously (4-0) continued
the public hearing on the Fair Share Roadway Im-
Provements Ordinance to 5:15 o'clock P.M. on
January 22nd and instructed staff to make revi-
sions in the proposed ordinance as discussed.
There being no further business, on Motion duly made,
seconded and carried, the Meeting adjourned at 6:45 o'clock P.M.
ATTEST:
Clerk
18
Chairman
0