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HomeMy WebLinkAbout4/27/1993 (2)� MINUTES"ATTACIIEllM AGENDA JOINT BOARD OF COUNTY COMMISSIONERS / FELLSMERE CITY COUNCIL MEETING TUESDAY, APRIL 27, 1993 7:00 P.M. - FELLSMERE ELEMENTARY SCHOOL CAFETERIA 50 NORTH CYPRESS STREET, FELLSMERE COUNTY COMMISSIONERS Richard N. Bird, Chairman ( Dist. 5 ) John W. Tippin, Vice Chairman ( Dist. 4) Fran B. Adams ( Dist. 1) Carolyn K. Eggert ( Dist. 2 ) Kenneth R. Macht ( Dist. 3 ) FELLSMERE CITY COUNCIL Renee Herrera, Mayor Bob Baker Lorraine Derry James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board Alvin Thomas Carol Hendricksen Ruby Korman 7:00 P.M. Discussion Item: PAGE Improvements to 130th Avenue (Willow Street) South of CR512 in Fellsmere ( memorandum dated March 30, 1993) 1 - 15 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. APR 2 71993 BOOK 89 FADE 404 SPECIAL MEETING Tuesday, April 27, 1993 The Board .of County Commissioners of Indian River County, Florida, met in Special Joint Session at the Fellsmere Elementary School Cafeteria, 50 North Cypress Street, Fellsmere, Florida, on Tuesday, April 27, 1993, at 7:00 P. M. Present were Richard N. Bird, Chairman; John W. Tippin, Vice Chairman; Fran B. Adams; and Carolyn K. Eggert. Absent was Kenneth R. Macht who was out of the county on County business. Present from the City of Fellsmere were Renee Herrera, Mayor; Ruby Korman, Vice Mayor; Council Members Bob Baker; Lorraine Derry; Alvin Thomas; Carol Hendricksen. Also present were James E. Chandler, County Administrator; William G. Collins II, Deputy County Attorney; Jim Davis, Public Works Director; and Patricia Held, Deputy Clerk. Also present from the City of Fellsmere were Warren Dill, Attorney for the City of Fellsmere; Debra Krages, City Clerk. The Chairman called the meeting to order. The hour of 7:00 P. M. having passed, Deputy County Attorney William G. Collins II announced that this public hearing has been properly advertised as follows: VERO BEACH PRESS -JOURNAL 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 daily 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 0_-C 1-f�'3 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian 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 mail matter at the post office in Vero Beach, In said Indian River Coun- ty, Florida, for a period of one year next preceding the first 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 for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this Bay of A.D. 19_ ,e (Businesd Manager) APR 2 7 199@ NOTICE PUBLIC NOTICE The Board of County Commilasioners of lrhdian River County will fold a Joint meeffN with the City of Fellsmere City Council to discus the pa of WillowStreat from CR512 to Berry Groves. A� In- terested members of the public are Invited to attend and participate In the ffw#M scheduled for TUES- DAY, APRIL 27, 1993 -AT. 7:00 P.M. in the FELLS- ; MERE ELEMENTARY SCHOOL CAFETERIA, 50 NO. CYPRESS ST., FELLSMERE. Anyone who may wish to appeal any decision which may be made at this meemhg will need to en- sure that a verbatim record of theproceeds Is I made, which Includes testimony and evidence upon - . which the appeal Is based. Anyone who reeds a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at 587.8000 x408 at least 48 hours In advance of meetirg. April 23,1993 994333 BOOK 89 PAGE 405 r APR 27 199' BOOK 89 FAGF 4067 Public Works Director Jim Davis related the history of the roadway improvements for Willow Street. Two years ago the citizens of both the incorporated and unincorporated areas along Willow Street, also known as 130th Avenue, indicated an interest to have that road improved. With the aid of an enlarged aerial photograph of the area, Director Davis showed the 2-1/4 mile length of roadway and advised that it is divided into three, sections of multi - jurisdictional maintenance for grading. The north one mile is and has been maintained by the City of Fellsmere; the middle 3/4 of a mile is maintained by the County; and the very southern portion south of 81st Street has been graded over the years by Berry Groves. Director Davis reported that the southeast portion of the area depicted on the aerial consisting of 5 -acre tracts has been developing and residents have expressed the need for better grading of the road and the need to improve that roadway. County staff found that we have only a 30 -foot right-of-way from CR512 south and the road itself consumes most of that right-of-way, making it very difficult for the County to put any drainage alongside the road. We do not own the real estate or right-of-way to construct proper swales to get the water off the roads which is paramount in providing a good roadway. Letters were sent to all the property owners along the 2-1/4 mile section of Willow Street asking if they would be willing to donate right-of-way to the County. The owners either did not respond or they wrote back saying they are not willing to donate the right-of-way. Director Davis recounted that staff conducted workshops, held a meeting with the citizens in the Grange Hall and attended a meeting before the City of Fellsmere City Council, and subsequently proposed a special assessment paving program to purchase the right-of-way as well as to pave the roadway. The people in the area expressed the concern that Berry Groves uses the road not only for employees but heavy trucks also use the road to transport the citrus out of the grove area. County staff spent time counting the traffic on that road and found that in peak citrus season as many as 15 trucks come out of the grove at night time after they closed the gate to the west of the grove. Staff estimated that 10 percent of the total traffic on Willow Street is from Berry Groves with about 3 to 15 trucks per night, and that was confirmed with Berry Groves' management. Director Davis stated that 100 to 200 cars per day is a comfortable volume for an unpaved road. He estimated that as many as 600 to 650 cars per day use Willow Street which is significant volume and makes it very difficult to keep the road graded. On the enlarged aerial photo Director Davis pointed out the area which staff feels should be included in the assessment project as the benefitted area. That 2 area extends one mile parallel to Willow Street on the east, and forms a triangular area west of Willow Street. The benefitted area totals about 1950 acres. Staff included 120 acres of Berry Groves property in the assessment area based on the traffic study which was done. The cost for acquiring the necessary right-of-way is estimated at $300,000 and the cost for construction including engineering, paving the roadway, culvert pipes that need to be installed in the cross canals that drain beneath the roadway and other drainage improvements is $560,000. That means that if 100 percent of the benefitted 1950 acres were assessed, each acre would contribute about $458 to the cost of right-of-way acquisition and paving and drainage improvements. There is an area consisting of about 160 acres, or about 8.2 percent of the benefitted area, which falls within the incorporated city limits of Fellsmere. The County does not have jurisdiction to assess property owners there; that would have to be done by the City of Fellsmere. Director Davis pointed out the 2 -square mile residential area and indicated that the residential area will grow and residential traffic will probably accelerate more than the traffic generated by Berry Groves. That is a very difficult thing to estimate but it makes sense that as this area grows, there is going to be more demand for road improvements. The $458 per acre assessment is conservative, which means it is a high estimate, and the total project cost depends on acquisition of right-of-way. The 1950 acres includes everything; we have not subtracted other roads and public land. Director Davis clarified that if a person owned half an acre, he would pay 1/2 of the estimated $458, and if he owned 3 acres, it would be 3 times the estimated $458. Councilwoman Hendricksen led discussion regarding the traffic from Berry Groves and presumed that if the road is paved the truck traffic from Berry Groves would increase because the truck drivers prefer to use a paved road rather than the alternate dirt road. Director Davis reported that Berry Groves management prefers to move the citrus west to CR512 and then south to SR60. If they did route more traffic northward along Willow Street they would be competing for use of the roadway with residential traffic, including school busses and pedestrian traffic. Councilwoman Hendricksen pointed out that a paved road results in less wear and tear on vehicles and thought we should assess more increased traffic to Berry Groves because of the possibility that they will be using the road more, which will cause more impact on the new road. Director Davis responded that the weight and type of vehicles has an effect on an unpaved roadway, but the paving would be 3 APP 2 7 1993 BOOK 89 Faun 407 J r APR 271993 BOOK 89 FACE 40 7 designed to accommodate the heavy vehicles because we do estimate between 10 and 20 percent truck traffic on any roadway. Councilman Baker asked whether we would not need so much material if the road were built for automobile traffic only, but Director Davis responded that every collector road is designed with 8 inches of limerock base and 12 inches of subgrade. Councilwoman Korman questioned the traffic count and suggested that half of the automobile traffic is Berry Groves employees and deliveries to,Berry Groves. Director Davis advised that the count did include employee traffic and in the peak season that count went up as high as 20 percent. Vice Mayor Korman disagreed that the west side of Willow Street would be developed because it consists of 5- and 10 -acre tracts, and Commissioner Adams clarified that development meant that the owners of those tracts would build their individual homes there. Councilwoman Hendricksen led discussion regarding funding and suggested that local infrastructure money could be used to pay for this project. She wanted to know if there was any prohibition to the City of Fellsmere and the County using motor fuel tax monies for this purpose, since those monies are specifically collected for transportation improvements. Commissioner Adams thought that would be prohibited because residents of Wabasso and South Vero Beach do not want to fund paving of Willow Street. Chairman Bird clarified that the project as outlined by Director Davis is based on this project being funded by property owners only. If the City of Fellsmere has funds to contribute to the project, then the total cost of the project would be reduced and each property owner's proportionate share would be reduced. Director Davis explained that the County historically has three funding sources for paving roads. One source is the traffic impact fees which are collected from new development and used only for widening collector and arterial roadways, not maintenance and not for paving existing 2 -lane roads. Collection of impact fees on building permits started in 1986, so anyone who built a home prior to 1986 did not pay transportation impact fees. Deputy County Attorney William G. Collins II advised that impact fees cannot be used to correct operating deficiencies. They are to be used to add capacity to existing roads which meet our standards. Councilwoman Hendricksen argued that Willow Street really is not a 2 -lane road. She also clarified that the funds she is speaking of are funds from federal and state sources. 4 Chairman Bird pointed out that we must rule out transportation impact fees. Director Davis discussed the gas tax revenue which is collected through local option gas tax. The City of Fellsmere gets a share of that and could use that for traffic and transportation purposes at their discretion. The County receives a share of that gas revenue but limits its use to capital improvements with a smaller portion for operating expenses, but it is not used for projects which benefit only a specific area. Director Davis advised that the third source of funds for paving and drainage, projects is the County's program for special assessment. When a project benefits a specific area and does not benefit the general public, the County determines who benefits, the cost of the project is developed, the County allocates 25 percent of the cost of the project as the County's share and the remaining 75 percent is assessed to the property owners in the benefitted area. It is called a fair share assessment program because we develop an assessment formula which is fair to everyone. Public hearings are held, the affected property owners can voice their concern, and a decision is made whether to go ahead with the project. Councilwoman Hendricksen contended that while this project benefits a restricted area, the area involved consists of many large parcels which means fewer people being assessed. She also contended that Jack Berry Groves did not pay impact fees and they are drawing benefit from this project, and she urged that their share be increased. Commissioner Adams pointed out that we do not consider agriculture in terms of impact fees for development because we want to encourage agriculture. She did not want to characterize the grove owner as the bad guy. Councilwoman Hendricksen agreed that the grove owner is not the bad guy, but she wanted to be sure Berry Groves was fairly assessed along with all the other property owners. Deputy County Attorney Collins explained that if a grove were newly developed, the County would analyze the impact and they would be assessed. Chairman Bird summarized that of the three sources of funds for paving projects, the traffic impact fee funds and the gasoline tax revenue could not be used for this project. The County can only contribute under the petition paving program, which normally is a 25-75 split. Funds are kept in a revolving account for petition paving programs and he understood from the County Administrator that sufficient funds are available for the County to �i APP 2 7 poi DQOl4, 89 ; FAGE 99 Bou 89 PAGE 410 -7 contribute to this paving project if the citizens wanted it. Director Davis related that Vero Lake Estates has a unique program where they tax themselves for future paving projects.. They have 70 miles of roads and many years ago they established a municipal service taxing unit. The funds are kept specifically for paving. Councilwoman Hendricksen was sure that most people were in favor of paving Willow Street, but they do not think the residents alone should carry the burden and that we should use other sources. If the City of Fellsmere could contribute some infrastructure funds and the County contributes a portion, then the burden would be lighter on individual property owners. Director Davis explained that the County has the ability to give the property owners a payment schedule over several years. When the project is approved, the paving and drainage completed, and all the costs of construction tallied, the County would prepare an assessment roll which would be sent to the County Tax Collector. The property owners have the choice of paying the assessment in a lump sum or agreeing to an extended time payment schedule. Vice Mayor Korman did not want to see the full burden fall on the citizens of Fellsmere because some people cannot afford it. Chairman Bird explained that petitions were received at the County, one in favor and one opposed to the project, and the reason for the ongoing meeting was to hear the opinions and concerns of the property owners involved and make a decision whether to go ahead with the project. Discussion ensued regarding the County's contribution and the fact that in two paving projects the County contributed 50 percent, but Director Davis explained that those two projects were on heavily travelled feeder roads with 1200 cars per day. Councilman Baker felt that paving Willow Street would start a demand for all the streets in Fellsmere to be paved because the citizens could argue that they did not live on Willow Street but had to pay for the paving. He explained that he is not opposed to the project but is voicing the comments he has heard from the people in Fellsmere. Director Davis explained that those who receive a benefit are assessed. If property owners feel they do not receive a benefit from this project, they can voice their opinion at the public hearing and the Commissioners will make a decision on a case-by- case basis. Councilwoman Hendricksen was sure that the paving will be done if the majority of the residents want it, and the major decision 6 M M will be to find a way to fund the paving. Councilman Thomas was sure the majority of the citizens wanted the road paved and realize it must be paid for because there is no free lunch. If the assessment can be spread over five years, it will be easier on the property owners. Whether the road is paved or not, Berry Groves will continue to haul fruit over Willow Street and the cars and trucks will continue to be torn up and the street will remain in the same bad condition. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Peter Yerkivich, 175 South Elm Street, was opposed to being included in the assessment area because he has other routes that he can use to reach the paved or main roads. He challenged the petitions and speculated that those favoring it were in the unincorporated area and that residents of the City of Fellsmere opposed being assessed for the paving. He emphasized that he wanted to voice his opinion because all the commissioners and councilpersons were present. Chairman Bird assured Mr. Yerkivich that he would be able to voice his opinions at the public hearings also and that the project will not proceed unless a majority of the assessed property owners favor it. Harold Cox, was concerned about 79th Street and felt sure everyone will benefit by paving Willow Street because their cars will not be abused so much. He asked whether the estimated $850,000 was for the complete project, and Director Davis responded affirmatively. Jim Cloughly, representative of Jack Berry Groves, addressed the concerns of the Fellsmere City Council. He assured the council members that Berry Groves would not route more traffic onto Willow Street because the western route is shorter, safer and the trucks can avoid the high traffic areas. He disagreed with some of the figures of the traffic study. He related that the last mile of Willow Street was constructed by Mr. Berry and the entire length of the road was maintained by Berry Groves over the years until the County asked that they not grade it. He stated that when the City of Fellsmere was without a grader for several months, Berry Groves graded Willow Street from the grove to CR512 for at least a year. He contended that the grove owner pays a large amount of real estate taxes, possibly more per acre proportionately than the 5 - acre tract owners with homestead exemption. Since the estimated 7 APR 2 `1 BOOK 89 FAGS 411 1993 Fp" - APR 2! 1993 BooK-7 89 FA,, 412 cost of the project includes the cost of paying for right-of-way, if the property owners want to lower the cost and still get the road paved, they must donate the right-of-way. Frank Vilardi, 12555 79th Street, favored the paving project but disagreed with the traffic count because the drivers went around the barriers used for the count. He did not believe there are 600 cars in the whole area. He contended that a large portion of the traffic is employees of the grove. Gary Bagaley, 81st Street, agreed that residents in the unincorporated area try to stay away from driving on Willow Street because of the wear and tear on their vehicles. He commended Berry Groves for maintaining Willow Street in the past. Mr. Bagaley also urged the Board to pave Willow Street because during the recent major storm vehicles could not use that roadway for 3 days. He urged the County to consider funding 50 percent of the cost of this project. Director Davis explained that the 50 percent funding is limited to roads which collect traffic from a large geographic area and funnel that traffic to a major highway. Those roads handle 1,200 or more cars each day and that is the criterion that most engineers in the industry use to define feeder roads. In 13 years the County has funded 50 percent of the cost for only two projects which are 1st Street S.W. and 16th Street. He pointed out that the 600 cars were counted at the CR512 end of Willow Street and decreased to about 250 cars at 89th Street and 60 to 70 cars at the south end. Georgia Alan, resident of Roseland, appeared before the Board representing Anthony Wallace of Tropical Land Real Estate. Realtors are in favor of the paving because they will sell more real estate with the paved road. She pointed out that the County has always allowed people who buy 4.63 acres to consider that as 5 acres. The realtor was concerned that when the right-of-way is taken from the 5 -acre tracts it would make the lots much less than 5 acres. She urged the Board to keep that in mind and do nothing to harm the people. Eleanor Shefski, Mulberry Street, opposed being assessed for Willow Street because she anticipated that she would be assessed again when her street is paved. Charlie Dyer, resident in the unincorporated area, owns 5 acres and asked whether the owners who donate right-of-way will be assessed also. He felt that the truckers would use the paved road rather than the dirt road. He realized that it will be a couple of years before we see any asphalt on that road and urged the County to maintain the grading of Willow Street in the meantime. 8 M M Director Davis responded that when owners donated right-of-way on prior projects they were given credit for it. Susan Wilson, 91st Street, was in favor of the paving because she lives 3/4 mile off of Willow Street and depends on that road. She thought that paving this street will create more tax base not only for the County but also for the City of Fellsmere. People from the County will come to the City to spend their money. She felt Berry Groves should be assessed more. She also commented that e the road needs to be graded oftener. Joe Lavis, 12955 81st Street, did not consider Willow Street 2 -lane because two vehicles cannot pass on that road. He was not in favor of the paving because the residents of Fellsmere cannot afford it. He preferred to have the drainage improved and the road graded. Frances Golden, resident of the City of Fellsmere on Willow Street, asked how much property will be taken for right-of-way because her home is only about 25 feet back from the road. Director Davis responded that we try to take right-of-way from both sides, but if her home is too close, they will do something else. Dale Carter, stated that he will have a new home on 83rd Street and is ready for the paving. He thought the County should clarify that if an owner has a trailer lot which is 2/10 acre, they will not be assessed $458 but only 2/10 of that. Mr. Carter disagreed with the percentage of traffic allocated to Berry Groves and thought it should be estimated at 12 to 13 percent. He urged the County to consider Willow Street a feeder road because of all the roads that run off of it and because once it is paved there will be more development. David Kane, owner of 5 acres on 81st Street, pointed out that there will be benefit from the influx of people who will be using the local retail stores. The Chairman determined that no one else wished to be heard and thereupon closed the public hearing. Chairman Bird asked for a show of hands of those in favor of the paving project. The vast majority of those in attendance raised their hands. Chairman Bird asked for a show of hands of those opposed to the paving project, and a voice from the audience stated that it was an unfair question because he was not opposed to paving, he was opposed to the residents of City of Fellsmere financing it and that the method of assessment was not fair. r7 APR 2 71991 BOOK 89 PAGE 4i3 APR 2 7 1993 BOOK 89 NVE -7 414 Chairman Bird asked for a show of hands of those in favor of paying their fair share or any share of the paving cost. The vast majority of those in attendance raised their hands. MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Eggert, to direct staff to initiate the study, the design and the engineering, present a more definite estimate of the costs, and schedule a public, hearing to discuss the paving of Willow Street. Under discussion, Commissioner Eggert emphasized that holding a public hearing does not mean the paving will automatically go on. The County Commission has stopped projects after property owners voiced overwhelming opposition at a public hearing. Chairman Bird confirmed that at the public hearing the property owners will hear the final numbers and the assessment formula and if they like it, it will proceed; if not, we can cancel the project. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously (4-1, Commissioner Macht being absent). The City of Fellsmere City Council approved the County's action. There being no further business to come before the Board, the meeting was adjourned at 8:50 P. M. ATTEST < Z;;,)Y, 1; i � J. arton, Clerk 10 Richard N. Bird, Chairman