HomeMy WebLinkAbout1/7/1993= MINUTES TrTACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
SPECIAL MEETING
THURSDAY, JANUARY 7, 1993
7:00 P.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Carolyn
Fran B.
K. Eggert,-
Adams
Chairman ( Dist. 2) James E. Chandler, County Administrator
(Dist. 1)
Richard
Kenneth
N. Bird
R. Macht
(Dist.
(Dist.
5) Charles P. Vitunac, County Attorney
3)
John W..
Tippin
( Dist.
4) Jeffrey K. Barton, Clerk to the Board
***********************************************f
7:00 P.M. OVERVIEW OF INDIAN RIVER COUNTY'S BEACH MANAGEMENT PAGE
EFFORTS
( memorandum dated December 30, 1992) 1 - 72
ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE
AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL WILL BE BASED.
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS ' MEETING MAY
CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA)
COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF
MEETING.
J A N 7 1993 �00X C) F'A.0 45 7
SPECIAL MEETING
Thursday, January 7, 1993
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 Thursday, January 7, 1993,
at 7:00 P. M. Present were Richard N. Bird, Chairman; John W.
Tippin, Vice Chairman; Carolyn K. Eggert; Fran B. Adams; and
Kenneth R. Macht. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, County Attorney; and Patricia
Held, Deputy Clerk.
Present from the City of Vero Beach were Vice -Mayor Carl
Pease; Councilwoman Caroline Ginn; Councilman Bill Jordan; City
Manager T. M. Klaric; City Attorney Larry Braisted; and Planning
Director Dennis Ragsdale.
Also present was Dr. Peter Fallon, Commissioner of the
Sebastian Inlet Taxing District.
The Chairman called the meeting to order.
The hour of 7:00 P. M. having passed, the County Attorney
announced that this public hearing has been properly advertised as
follows:
VERO BEACH PRES'AJOURNAL
Published Daily
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 dally newspaper published
at Vero Beach In Indian River County, Florida; that the attached copy of advertisement, being
a
In the matter of
In the Court, was pub
fished in said newspaper In the issues of ID..i•»r f: L�
Affiant further says that the sold Vero Beach Press -Journal is a newspaper published at
Vero Beach, in sold Indlah River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mall matter at the post office in Vero Beach, In sold Indian River Coun•
ty. Florida, for a period of one year next preceding the tical publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund lot the purpose of securing this
advertisement for publication In the said newspaper.
r a
Swam to and subscribed before me Ihi �_ day o r
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Ity CaoaWcdsrt bohis Able 29, 1991
NOTICE
PUBLIC NOTICE
The Board 01 Cowry Convrnsxx*M. 01 bow
i River County' w6 hold a workshop M"10V 10
gather general intormaoon re9ar&V the teach. end
to dmtaiss a prrogposed releren0un ordnance Tho
r'led for JANUARY 7.
99j�7.00 O'CLOCK Pjjq � in the COUnry AD.
MWISIRATION BUILDING located at 1640 251h.
Street. Vero Beach. FL
Anyone who may wish to appeal any decision vvttldl
may be mate at V" meeting wig need to ensu*l
that a verbatim re=d of ine proceedings is made.
which ►chines testmorq and evtterce won which
ox+ appeal Is based.
Anyone etw�h0o mn�eyeds ■ sped@' scox .rhodalion tar ,
this pdh Act�ADA) CoordinatoCt the r al 66 -07 000
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Chairman Bird announced that'the special workshop was called
for a twofold purpose: First, to review the matter of the beach
and inform the new Commissioners what has been done to this point
regarding the beach management; second, to address Frank Zorc's
request to the Board to consider adopting an ordinance calling for
a referendum for any beach improvement project. The Chairman
recognized that consideration of this matter was started during
Chairman Eggert's term and asked her to summarize the intent of the
Commissioners back in October of 1992.
Commissioner Eggert recounted conversations with Frank Zorc
and with City of Vero Beach Mayor Jay Smith and stated that it is
not the goal of this meeting to try to solve the problems of the
beach but rather to bring everyone up to date on what has been done
to this point and to consider adoption of an ordinance regarding a
referendum. She noted that the representatives of the City of Vero
Beach were invited to attend tonight's meeting because there have
not been any city -county discussions and the Commissioners wanted
to hear their comments about the beach issue. Mayor Jay Smith was
unable to attend because he was ill and Dennis Ragsdale attended in
his stead. Commissioner Eggert asked for an overview from both
County Public Works Director Jim Davis and City Planning Director
Dennis Ragsdale.
Public Works Director Jim Davis commented from the following:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Directo
SUBJECT: Overview of Indian River County's
Beach Management Efforts
DATE: December 30, 1992 FILE: beach.dec
Throughout the 1970'x, the City of Vero Beach was pursuing a
beach nourishment project (sand pumping from an off -shore borrow
area to widen the beach) between Riomar reef to the north city
limits. Various methods to stabilize the long term erosion in
the area were also considered (including groins, breakwaters,
sand bags, 'etc.). The US Army Corps of Engineers, State of
Florida Department of Natural Resources, and Florida DER were
involved in project permitting and funding. In the early 1980's,
Indian River County became involved in the beach preservation/
restoration effort, and the Board of County Commissioners
established the Beach Preservation and Restoration Committee.
Prior to 1988, the County applied yearly to the Federal and State
agencies for project funding. The following chronology of events
has occurred:
2
August 1980 - The US Army Corps of Engineers completed the
"Feasibility Report for Beach Erosion Control for Indian
River County" which proposed a plan to restore the beach to
an approximate 200' width along 9,200' of Vero Beach
frontage and a smaller project for Sebastian Inlet.
1982 - Indian River County assumed sponsorship of the US Army
Corp. of Engineers Beach Nourishment Project for the City of
Vero Beach and Sebastian Inlet Park.
Thanksgiving Day, 1984 - A potent northeast storm resulted in
approximately $3.4 million in property damage along the
County coastline.
May 1, 1985 - The Board of County Commissioners and Beach
Preservation and Restoration Committee authorized a
comprehensive Beach Preservation Plan be performed for the
entire 15 mile coastline of Indian River County. The County
continued to seek State and Federal funding for a $9.6
million beach nourishment project.*
Nov. 3, 1987 - The Board of County Commissioners and Beach
Preservation and Restoration Committee adopted Resolution
#87-133 transferring local sponsorship of the Vero Beach
Nourishment Project to the City of Vero Beach since over 90%
of the project is within the City limits.
Summer 1988 - North portion of Indian River County shoreline
nourished by Sebastian Inlet Navigation _District Sand
Placement Project.
August 1988 - Board of County Commissioners approved the Indian
River County Beach Preservation Plan performed by Cubit
Engineering.
February 1992 - US Army Corps of Engineers began a beach erosion
study of.the entire Florida Coastline.
At this time, staff is awaiting completion of the US Army. Corps.
of Engineer Florida Region IV Coast of Florida study prior to
proceeding with specific projects.
Director Davis further reported that in 1988 a document was
published by our consultant, Cubit Engineering, which divided the
shoreline into 8 sectors and recommended a plan for each sector:
Since that time the Sebastian Inlet Taxing District has
aggressively pursued nourishment and creation of a feeder beach at
the Sebastian area where they pump out the sand that is trapped in
the inlet itself and place that sand on the beach just south of the
south jetty. That sand theoretically works its way south along the
shoreline. A state-wide program involving the U.S. Army Corps of
Engineers along with DNR and DER developed a computerized mapping
system of the shoreline of the state of Florida, and that study is
ongoing. County staff attended meetings conducted by the U.S. Army
Corps of Engineers to maintain communication and to see if their
ongoing study is compatible with the Cubit plan that the County has
adopted. The County has not pursued an aggressive program to
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JAS 7 M3
BOOK 8® FACE 461 7
implement the Cubit recommendations because of the action of other
agencies, such as the Sebastian Inlet Taxing District which
addresses the needs of the North County Beach. We have been
monitoring erosion of the Wabasso area and we have cooperated with
property owners in the Ambersand and Wabasso Beach area to allow
those property owners to restore the primary dune.
Chairman Bird asked, and Director Davis responded that by
adoption of Resolution 87-133 the County transferred sponsorship of
beach nourishment to the City of Vero Beach because most of the
endangered shoreline was in the corporate limits.
City Planning Director Dennis Ragsdale distributed a document
titled "City of Vero Beach Planning Concept for Beach Erosion
Control." He recounted that after the beach nourishment project
was transferred to the City in 1987, it was defeated twice by
referendum. Afterward, the City Council created a Beach Advisory
Board in April 1990. The Beach Advisory Board prepared a report of
their recommendations relative. to beach nourishment. The plan
included location of a near -shore rock outcrop, determination of
the sources of sand to be used and a location for a beach -based
dewatering system. At the City Council's direction, the Beach
Advisory Board devised a plan of action to: (1) provide adequate
recreational beach; (2) protect upland property; (3) protect near -
shore rock outcroppings; and (4) preserve, enhance and create
dunes. The study included a review of the past 20 years to see
where the beach has eroded and where it has been accreting. The
recommendation was that the first line of defense would be a
continuous reef system to decrease erosion and that sand bypassing
at the Sebastian Inlet must be increased. Director Ragsdale
reported on several court cases involving inlet districts and felt
that the findings in those cases indicated that the inlet taxing
districts should pay for portions of the severely eroded beaches to
be restored and to ensure that adequate sand is bypassed. He
stated that if we do not do something to stop the erosion, we will
need a plan to retreat because there will be flooding on the island
with severe damage.
Chairman Bird led discussion regarding the renourishment plan
designed by the U.S. Army Corps of Engineers.
Director Davis reported that the Corps' design has been the
basis for the County's applications for funding through 1988. The
funding was a combination of federal, state and local funds, and
there have been proposals of various methods of obtaining local
funds.
Director Ragsdale explained that the Corps' design was
essentially sand pumping in large quantities. All their projects
4
- M M
seem to be large and extensive, and their reasoning is that the
sand would last for a longer period of time.
Chairman Bird asked whether the City's proposed plan has a
time table as to when we will start seeing a positive benefit from
it.
Director Ragsdale could not give a construction time estimate.
The reef would stop the erosion, which would show an immediate
impact. If a dune system were put in place, it would result in a
recreational beach most of the time, with some winter erosion and
summer accretion. The City has been in contact with the DNR and
Florida Department of Transportation (DOT) about use of the rubble
from the Merrill Bridge for the reef, but that rubble would not be
available for about 3 years.
Chairman Eggert stated that the public is interested in what
is being done at Humiston Park, and Councilman Pease reported that
the dune will be replaced to protect the concrete boardwalk.
Replacement is the only activity that is permitted to avoid further
erosion of the dune.
City Manager Tom Klaric reported that the plan was to defer
placing sand on the Humiston Park Beach until early in the spring,
but because of requests from the public and from tourists, that
sand will be placed earlier.
Chairman Bird expressed a sense of urgency and emergency
regarding the beach project because of the buildings and asked
whether the City has the same sense of urgency.
Director Ragsdale agreed that the timetable should be
accelerated.
City Manager Klaric stated that the experimental dewatering
project is going forward and that one of the conditions of that
project is that sand must be placed on the beach in advance of the
dewatering system.
Chairman Bird asked, and Director Davis responded that the
Corps plan is usable. There are surveys that need to be done, but
much of the Corps' design work can be utilized.
Commissioner Macht's impression was that the Corps' proposal
was considered extreme.
Director Davis stated that there must be a local sponsor for
any project. Sponsorship of the project that was identified as the
Corps' project was transferred from the County to the City of Vero
Beach through Resolution 87-133. That project changed over the
years, but it still remains the Corps' project.
Commissioner Eggert asked whether the authority would remain
with the City if a new project appeared on the horizon; or whether
the County would take back that authority for a new project.
5
BOOK
JAN 7 1993
r JAN 71
BOOK ®8 PvF 63
County 'Attorney Charles Vitunac advised that the County did
not irrevocably transfer its power, but as long as both bodies
agree, the City is the sponsor. The County would have the power to
retake that authority unilaterally by a simple motion if the City
does not care to go forward with the project.
Councilman Pease noted that the language in the resolution
indicated that the County Commission relinquished local sponsorship
but pledged its support and continued participation, so the County
is not out of the picture.
Councilwoman Ginn asked if the sand pumping project is
considered the Corps' project, and Director Davis responded that
although the design has evolved and changed, the project is defined
as a certain section of the Vero Beach shoreline that needs
nourishment.
Frank Zorc, 1225 20th Avenue, stated that he has been in touch
with Washington, D.C., through the years and directed the Board's
attention to a letter from Congressman Tom Lewis stating that there
are no funds left anywhere in state or federal sources for any
beach project in Vero Beach. He also indicated that any funding
would require the very strong general backing of the people. He
requested the Board pass an ordinance requiring the County to
provide a referendum vote similar to that required by the City of
Vero Beach before any funds were expended for a beach project. Mr.
Zorc pointed out that a referendum can work both ways, it can
support the project or deny it. Up to this point the project has
been denied but that does not mean another proposal might not pass.
Mr. Zorc felt the City's requirement does not protect the County
residents because the County residents do not vote on proposals
within the City of Vero Beach. There have been petitions against
the project but those petitions could not be considered by the City
government. He thought that all residents are being asked to pay
a large percentage of the cost of a project that will benefit only
a small group and that a fairer method could be proposed. He also
felt that the problem is misrepresented and that we have lots of
beaches, as is advertised in publications from the Chamber of
Commerce. Mr. Zorc described a referendum that would be based on
3 factors: (1) Whether the general taxpayers see a proper need to
spend millions of local or federal tax dollars to protect a small
percentage of private property by replacing sand; (2) Whether that
is a public need or a private need; and (3) If it is a combined
public and private need, a fair funding formula must be offered.
Mr. Zorc urged the Board to pass an ordinance that offers the
binding referendum voting right to the taxpayers on this
controversial issue.
6
- Attorney Vitunac advised that the County is not a city or
chartered county so there is no legal way for this Board to bind
future county commissioners by ordinance. It cannot be done. We
could have a straw ballot proposal, but it cannot be the subject of
a referendum. It would have to be combined with something else.
A straw ballot does not bind the Board but rather is an impediment
to quick action on an issue. An ordinance is an expression of
policy at that given moment and can be repealed at the very next
meeting. In other words, the very next week the Board can change
its mind and would not be fettered by an ordinance except for
having to go through the process of repealing it. It really causes
an expense of taxpayers' money without really binding the Board
irrevocably as Mr. Zorc is requesting.
Mr. Zorc asked for confirmation that the same situation is
applicable to the proposed ordinance, and Attorney Vitunac
confirmed that it would only be a straw ballot.
Mr. Zorc argued that while it may be a straw ballot, it would
have the meaningful effect of letting the Board know the feelings
of the general public.
Commissioner Eggert was not in favor of adopting an ordinance
requiring a referendum because it would bind a future commission
years from now to take a straw ballot on something the nature of
which we do not know.
Commissioner Adams felt the requested ordinance would be
discriminatory by singling out one project. She has a strong
commitment to do what the majority of the public wants to do on any
public works project, but stressed that we must be consistent.
This type of project would call for large amounts of money which
could not be appropriated without public input.
Commissioner Macht questioned the timeliness of the request
because we are at the very beginning of delving into the aspects of
the project and we need more information on the economic impact of
the project. Commissioner Adams will be heading a committee to
study the details and when that report is available, Commissioner
Macht felt we will be in a better position to deal with the facts.
Anything else is premature.
Commissioner Adams confirmed that the committee will receive
input from other agencies and groups and will view the problems and
work on the whole project rather than bits and pieces. Then the
general public will have a better idea of the issues.
Berman Cook, resident of the City of Vero Beach, thought Mr.
Zorc made his request because the group called Save our Shores was
attempting to get the County to take the project back -so that the
County could turn the project into a taxing district for the
7
JAN 71993
r JAS 7X393
BOOK 88
PrF 465
benefit of a few residents on the barrier island. He stated that
the requirement of a referendum in the City of Vero Beach was a
protection for the public. If the County takes the project back,
that takes the right to vote away from the people in Vero Beach and
turns that right over to five people. He charged that three
members of the Board were sponsored financially through the
election process by proponents of Save Our Shores, and he felt that
gave a favorable slant to their desire for a taxing district. He
urged the Board to leave the project with the City of Vero Beach.
He felt that the City's proposed project of placing sand on the
beach is a good idea.
Commissioner Tippin stated that he does not vote because of
who kicked in for his campaign, and he felt Mr. Cook does not trust
the good old American system.
Commissioner Adams felt the City is doing a find job with the
project but the County is willing to assist.
Councilman Jordan recommended that no action be taken until
the Beach Preservation & Restoration Committee has an opportunity
to study the situation.
Commissioner Macht felt sure that the Board has no intention
of taking anything away from the City. The County wants to
cooperate.
William Friesell, 241 Live Oak Road, opposed adoption of an
ordinance requiring a referendum. He felt it would weaken the
Commission: -The voters elected the Commissioners and expect them
to have good judgment.
Dean Luethje, 6 Tarpon Drive, immediate past president of the
Chamber of Commerce, stated that the Chamber considers the beach
problem a community problem because tourism is the second largest
industry in Indian River County and the beach in the city limits of
Vero Beach attracts tourists. Mr. Luethje cited numbers and
percentages of funds brought into the County by tourism. He urged
the Board to hire a consultant, proceed with the project design,
work out the problems and present it to the public.
Nancy offutt, government affairs coordinator for the Vero
Beach -Indian River County Board of Realtors, recounted that when
the City of Vero Beach considered a referendum on the beach issue,
the Board of Realtors opposed it. They believe that the issues are
scientific in nature and demand the opinion of experts in the
field. Elected officials bear the responsibility to seek out those
expert consultants and use those resources. Our beaches and
coastal area are valuable resources that contribute to the quality
of life, the quality of our economic life, and the tax base of our
community. Ms. Offutt warned that we are losing Vero's beach, we
8
are losing that quality of life, we are losing tourism and we are
losing that resource that taxpayers have been paying for. She is
relying on the City Council and County Commission to resolve the
issue.
William Hoolage, 11 Vista Gardens Trail, asked for
clarification regarding the referendum. He noted that we just had
a referendum regarding purchase of environmentally sensitive lands.
Attorney Vitunac explained that the Constitution requires an
election before bonds can be issued which will be supported by ad
valorem taxes. The law allows districts to be established which
can issue bonds, but only after a referendum. That is why the
referendum to purchase environmentally sensitive lands is binding.
This County Commission can ask for a referendum at any time, it can
make a public announcement that it will go along with the result,
but the referendum cannot bind the Commissioners if they change
their minds.
J. B. Norton, executive director of the Chamber of Commerce,
represented himself only. He conceded that the Chamber publishes
a brochure which mentions that Indian River County has many
beaches, but it does not say where the beaches are located. He
urged the Board to address this situation because the stretch of
beach within the city limits of Vero Beach is in. dire need of
immediate attention and we cannot afford to wait. He felt the
Board needs to get the facts, study the situation, see what we have
to do, present that to the community, and proceed with it.
Denis Scarpinato, director of Conserve Our Resources, stated
that his group basically supports the project but not the designs
proposed by the U.S. Army Corps of Engineers. He recounted his
experience with the original beach committee dealing with the
Corps' plan. He stated that Conserve Our Resources advocates the
dewatering project. He wanted to see the community work together
to protect the environment, protect the buildings and protect our
recreational beaches.
Councilman Pease wanted the Sebastian Inlet itself to be
studied because he felt the sand is not reaching our beaches. He
realized that it takes time for beach nourishment but we must try
to bring nature back into the process. He suggested extending the
Sebastian Inlet Taxing District to the south.
Dr. Peter Fallon, Sebastian Inlet Taxing District
Commissioner, felt that coastal engineers would argue that
virtually every inlet in Florida causes significant down -drift
erosion. The problem we are having to date is the actual
scientific quantification of how far south the effects of the
Sebastian Inlet are felt. He noted that his home is affected by
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JAN 7 1993
BOOK $8 FA{ r 166
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JAN 7 10n
BOOK 88 PAGE 487
the down -drift and he can empathize with both sides. He pointed
out that he was speaking unofficially as a Sebastian Inlet Taxing
District Commissioner and that the rest of the commissioners and
the executive director had no knowledge about his appearance before
the Board. He pledged his role as a commissioner to be liaison for
the discussions and the input that the County is trying to gather
to make a proper decision. He personally felt that prior to the
inlet being modified, it had caused no problems. Judging from the
records, the photographs and talking with folks like Mr. Tippin, he
acknowledged the.beach was significantly larger years ago, and that
the inlet is a part of the cause as well as part of the
recreational benefit. We have to look at both together and to that
end he pledged his support in any type of liaison need for sharing
information to get a proper solution for all interests involved.
Dr. Fallon also stated that the Sebastian Inlet Commission has a
25 -year approved management plan.
Chairman Bird asked about_ the current and future plans for
sand transfer and pumping at the Sebastian Inlet.
Dr. Fallon reported that a dredge was leaving Jacksonville
that very night and he expected the process to be totally mobilized
in 7 to 10 days. They have a March 1 deadline to finish because
the dredge is committed to another location at that time. Dr.
Fallon explained that sand is trapped within the inlet and the
trapped sand is pumped across on an easement to the beach. At this
stage it will not be pumped to any greater southerly location than
it was 3 years ago. However, the Sebastian Inlet Taxing District
Commission is considering an attempt to move the sand a little bit
further down the beach to see what effect that might have.
Michael Walther, resident of City of Vero Beach and consultant
to the Sebastian Inlet Taxing District, reported that available
study data indicates that the impact of the inlet clearly extends
approximately 5 miles south of the inlet. Independent studies
indicate that with an infinite passage of time, the influence of
the inlet would impact the beach infinitely down the shoreline.
Discussion ensued regarding various inlets and their
influence, as well as lawsuits concerning the effect of inlets on
down drift areas.
Mr. Walther summarized that a lawsuit involving Port Canaveral
dealt with mitigation of damages from all historical impact. The
management plan at Sebastian Inlet seeks mitigation from today
forward, and that program has been adopted successfully by the
Sebastian Inlet Taxing District.
Discussion ensued regarding dredging the Sebastian Inlet.
10
Mr. Walther reported that we replace 93 percent of the sand
that would be on the beach if the inlet was not there. Nature
moves at its own pace; the district moves at discreet intervals.
It does not entirely mimic nature. Studies have shown it is
neither cost-effective nor physically effective to mimic nature.
Discussion ensued regarding the difference in buildup on the
north side of the inlet versus the reduction of beach on the south
side, and Commissioner Macht pointed out that a portion of that
transferred sand is lost.
Dr. Fallon agreed that we lose about 7 percent of the sand,
and the inlet commission will be addressing that 7 percent loss to
see how it can be curtailed.
Ralph Sexton, 8805 37th Street, came before the Board to talk
about money. He noted that we have a government project that is
only good for 3 more years and the deadline for applications this
year is January 27. He urged the Board to hire Michael Walther to
fill out the application because he has the data that is needed.
Mr. Sexton realized that there are many questions to be answered
and decisions to be made but the application must be submitted
before January 27.
Chairman Bird asked about the application process and whether
it would be possible to submit an application to get the funding
without having a specific project attached.
Mr. Walther thought the application should include the prior
recommendation of the Corps and reflect the ongoing effort of the
City and the County to define the local project. If an application
is submitted now and progress is made in defining the project
within the next year, the application would be seriously considered
by Congress.
Bob Devine, 1608 36th Avenue, commented that Uncle Sam is
"dead bloody broke," the federal government owes $4 trillion, and
we should not scheme about how much of Uncle Sugar's money we can
get.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously denied
Frank's Zorc request for an ordinance because it
would not be binding on this Commission and would
tie the hands of future Commissions.
Commissioner Macht thought that Mr. Sexton's request to submit
an application would not bind anybody to do anything. However, if
the application is not submitted and we decide to proceed, we have
lost a year.
it
JAN 7 1993 BOOKS
JAN 7 BOOK 88 PAVE 469
Director Davis assured the Board that staff is knowledgeable
about the process and acquainted with the people who sit on the
state review committee. . That committee is familiar with our
project from prior applications, and we must advise them that this
is the same project that was transferred to the City of Vero Beach.
Commissioner Macht addressed the representatives of the City
of Vero Beach and asked whether they could communicate to Mayor
Smith the Board's intention. He also felt that this action would
be approved by Mr. Zorc and Dr. Scarpinato inasmuch as this is
federal and not local money.
Dr. Scarpinato confirmed that the Corps has not changed; there
is only one project and it is their project.
Chairman Bird clarified that Director Davis feels we must
attach a plan to the application, and the plan we would attach is
the beach sand pumping renourishment plan that the Corps designed
and which the City of Vero Beach is currently sponsoring.
Mr. Walther stated that the U.S. Army Corp of Engineers has
changed current regulations of allowing the Corps to scale back a
project for environmental considerations. He recommended that we
should attach the maximum project that might considered locally and
which is represented by the Corps' plan. We can scale it back and
reduce the request for federal funding when the project is defined
more specifically.
Councilwoman Ginn felt the City Council would agree to that.
Councilman Jordan saw nothing in Resolution 87-133 that would
prevent the County from submitting the application because the
County did not relinquish responsibility but only changed sponsors.
Attorney Vitunac suggested we include an authorization from
the City for the County to file the application. That way the City
continues to be the sponsor but the County would submit the
application in a spirit of cooperation with the City.
Commissioner Bird asked, and Mr. Walther thought his
professional fee might be $1500, or could be as low as $500. Mr.
Walther also offered to assist County staff in the process.
Councilman Pease felt the City would approve the County's
request for authorization for the County to submit the application.
Director Davis advised that to avoid confusing the committee,
there should be some letter of understanding that the City and the
County are in concert regarding the application. The matter of the
sponsor is important to the committee that reviews these
applications, and the committee does not meet for 5 or 6 months
after the deadline for the applications.
Councilman Jordan stated that the council members and staff
had a mini conference and they felt the County should go ahead and
12
prepare the application. The City Council will meet and will give
the green or red light.
Commissioners Macht and Adams indicated that they were
comfortable with that suggestion.
MOTION WAS MADE by Commissioner Macht, SECONDED by
Commissioner Eggert, to accept the offer by
Councilman Jordan, and to direct County staff to
prepare an application for federal funds.
Under discussion, Chairman Bird asked if the motion included
authorization for professional services.
County Administrator Jim Chandler proposed that he would meet
with Director Davis in the morning, address the details of the
application and put together the basic aspects. He felt they could
accomplish that and present it to the Board rather quickly because
County staff has prepared the applications for many years.
Chairman Bird asked whether the Board wanted to wait until the
next regular meeting.
Commissioner Macht responded in the negative and restated the
motion to act on the offer of the City Council and to direct our
staff to proceed with preparing the application.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on -and carried unanimously.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 9:40 P. M.
ATTEST:
J. arton, Clerk
13
L JAN 7 �,9,93
Richard N. Bird, Chairman
BOOK 88 PA,F 9 0