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MINUTES ATTACHED
AGENDA
JOINT MEETING OF THE
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
AND
SEBASTIAN INLET TAX DISTRICT
OCTOBER 6, 2003 — 2:00 P.M.
CITY OF SEBASTIAN — COUNCIL CHAMBERS
1225 MAIN STREET
SEBASTIAN, FL
1. Call to Order
2. Invocation and Pledge of Allegiance
3. Introductions
4. Update on Channelization Issue
5. Discussion of Sand Transfer Plant Feasibility
6. Adjournment
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
City of Sebastian's Americans with Disabilities Act (ADA) Coordinator, Jim Sexton, at
589-5330 at least 48 hours in advance of meeting.
INDEX TO MINUTES OF
SPECIAL JOINT MEETING OF
OCTOBER 6, 2003 of
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
AND SEBASTIAN INLET TAX DISTRICT
1. CALL TO ORDER.................................................................................................................1
2. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG......»......................2
3. INTRODUCTIONS.........................................................................................�......................2
4. UPDATE ON CHANNELIZATION ISSUE................................................�......................2
5. DISCUSSION OF SAND TRANSFER PLANT FEASIBILITY......................................4
6. ADJOURNMENT...................................................................................................................8
OCTOBER 6, 2003
October 6, 2003
SPECIAL JOINT MEETING OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY AND THE SEBASTIAN
INLET TAX DISTRICT
PROOF OF PUBLICATION OF ADVERTISEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
The Board of County Commissioners of Indian River County, Florida, met in Special
Session with Commissioners of the Sebastian Inlet Tax District at the Sebastian City Council
Chambers, 1225 Main Street, Sebastian, Florida, on Tuesday, October 6, 2003 at 2:00 p.m.
Present were Board of County Commission Chairman Kenneth R. Mach; Commissioners Fran B.
Adams, Thomas S. Lowther and Arthur R. Neuberger. Vice Chairman Caroline D. Ginn was
absent. Also present were County Attorney, William G. Collins II, County Administrator James
Chandler, Coastal Resource Manager Jonathan Gorham, Coastal Engineer James Gray, and
Deputy Clerk Maria I. Suesz.
Present from the Sebastian Inlet Tax District were Chairman Beth Glover, Vice Chairman
Patricia Hartman, Commissioner Enzor Maggard and Commissioner Ann Perry.
Secretary/Treasurer Tom Lawton was absent. Also present were Counsel Clifton A. McClelland
and Administrator Raymond K. LeRoux.
1. CALL TO ORDER
SITD Chairman Glover called the meeting to order.
OCTOBER 6, 2003
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2. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG
BCC Commissioner Adams delivered the Invocation.
SITD Commissioner Enzor Maggard led the Pledge of Allegiance to the Flag.
3. INTRODUCTIONS
BCC Chairman Macht and SITD Chairman Glover introduced their respective
delegations.
SITD Chairman Glover thanked the Board for inviting them to this meeting. She made
reference to the joint project in 1995 and the interlocal agreement that never materialized. She
was glad that they were once again meeting in an attempt to work together.
4. UPDATE ON CHANNELIZATION ISSUE
SITD Administrator Ray LeRoux gave a brief background on the Sebastian Inlet Tax
District's channel extension efforts since 1930 and brought the BCC up-to-date on the present
mitigation plan. He said they have never been able to secure both a State and Federal permit.
They have experienced a battle getting through the permitting process and then being able to
meet the time requirements in that process. In 1996 they were issued a construction permit from
the Florida Department of Environmental Protection, but they failed to coordinate with the Army
Corp of Engineers. The current mitigation plan for the Sebastian Inlet Channel Dredge Project is
to extend the existing inlet channel with markers all the way to the Intercoastal Waterway. There
have been many changes to the original mitigation plan and the latest change is now in the 60 -
day comment period that ends the middle of December. The earliest they can obtain a permit is
mid-January and then they can apply to the State. There are two obstacles that have been raised.
One comes from the Florida Marine Fisheries Commission. They want the channel narrowed to
50 feet which is not acceptable to the Sebastian Inlet Tax District because it makes it difficult for
two boats to pass through the channel simultaneously
OCTOBER 6, 2003
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The other issue is from the Save The
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Manatee Club. They keep threatening Chapter 120 (Administrative Procedures Act of the
Florida Statutes) action. Mr. LeRoux said they would deal with that issue when the time comes.
There is enough money remaining to apply to the State; however, the funding expires December
1, 2003. Mr. LeRoux felt positive there would be no problem in being granted a one-year
extension. He thought the only problem that exists is actually with the Save the Manatee Club.
BCC Chairman Macht asked SITD Chairman Glover if, after the presentation she wanted to open
the meeting to comment from the public.
Mr. LeRoux said he had reservations since they are involved in litigation on some of
these issues and they do not want to go into discussion until the matters are brought before the
court.
BCC Commissioner Adams confirmed that those issues have nothing to do with the
channel and Mr. LeRoux agreed.
In response to Commissioner Adams' questions, Mr. LeRoux advised that the reason the
Save the Manatee Club is opposed to widening the channel is the impact on seagrasses and on
manatees. He explained they see boat traffic taking shortcuts through the channel and some
commercial boats cutting the seagrasses. Over a period of time the Save the Manatee Club will
insist that all boat traffic is diverted into the navigation channel.
SITD Chairman Glover commented because of the timeframe requirements they have
had to endure the cost of redoing studies already completed. She said it has been a very
frustrating process.
Commissioner Adams asked what the BCC could do to help.
Mr. LeRoux felt they were in good standing with the Federal and State agencies and
believed they made a major breakthrough with the current mitigation plan.
SITD Vice Chairman Hartman said initially the Sebastian Inlet Tax District voted for a
longer, wider, deeper channel connected with the Intercoastal Waterway and they are going to
continue pursuing those objectives. One thing that did hurt them was a letter they received from
Brevard County regarding some mitigation issues. She felt a letter from the BCC enumerating
all the positive outcomes could help.
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5. DISCUSSION OF SAND TRANSFER PLANT FEASIBILITY
Dr. William R. Dally, Surfbreak Engineering Sciences, SITD Consultant, used a
PowerPoint presentation (copy is on file) of aerials of the channel to orient the BCC, with
technical information on the sand survey.
BCC Commissioner Adams told Dr. Dally his expertise is dealing with the Sebastian
Inlet and she felt that is where he needs to focus his presentation. She advised him that the
County's coastal engineers are capable of educating the BCC on the County's coastline.
Dr. Dally covered the survey -based sediment budget, outlining sand transfer bypassing
issues at the Sebastian Inlet and several sand transfer bypassing options. He also reviewed an
annual cost comparison of alternative bypassing systems for the Sebastian Inlet.
In response to BCC Chairman Macht's questions, Dr. Dally explained how yards of sand
that accumulate in the sand trap every year can be more than expected from one year from to the
next and explained how changes in the wave patterns contribute to the wide variations in the
amount of sand accumulated.
BCC Commissioner Adams inquired if Dr. Dally had ever designed a sand transfer
station, and Dr. Dally's responded in the negative.
BCC Chairman Macht questioned if there was a model sand transfer system and Dr.
Dally replied "no" because there are numerous ways to pump sand.
BCC Chairman Macht was curious why construction of a jetty is a monolithic structure from the
shoreline out to some appropriate length instead of a bridge of pilings so sand can flow through.
Dr. Dally explained the purpose of the jetty was to keep sand out of the Inlet for
navigation. It was not built for sand management. He explained that what BCC Chairman
Macht described is a weir jetty that has a leaky section close to the beach that allows sand to spill
into a pre -dredged trap that goes into the inlet. Dr. Dally continued reviewing options of
different types of jetties and their benefits.
BCC Commissioner Neuberger asked Dr. Dally which option he would recommend.
Dr. Dally said he believed he would choose harvesting the fill or trucking (or pipelining)
OCTOBER 6, 2003
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it across the bridge.
BCC Commissioner Neuberger asked why he thought the Department of Transportation
might frown about trucking across the bridge.
Dr. Dally replied that it would cause a lot of wear and tear to the bridge.
SITD Chairman Glover added that the Department of Transportation just completed
repairs to the bridge.
Dr. Dally explained that in the last six month period 60,000 cubic yards have
accumulated in the trap. During that same period, Indian River County had dredged 536,505
cubic yards to the Ambersand Beach area. There have not been any northeastern winds during
that time, the drift has been from the south to the north.
BCC Commissioner Neuberger asked how much sand did they think came from the
County's sand transfer project since it has been completed only a couple of months.
SITD Chairman Glover said they do have the survey results and the figures to
substantiate their conclusion and she will provide copies of the slides presented as well (copies
are on file) so the BCC can see why the management plan is showing these results. She said it
seems logical to reduce expenses and eliminate duplication of efforts if the two Boards share
their knowledge.
Dr. Dally explained that the wind patterns over the last six months show a decrease in
sand transport north to south. He also explained how the sand backs up behind the south jetty
every summer,
Indian River County Coastal Engineer Jonathan Gorham inquired how much of the sand
collected south of the jetty is contributed by natural bypassing rather than transport from the
south.
Dr. Dally did not have the statistics to answer that question. He explained that they have
an extremely volatile system and he encouraged the BCC to think of flexibility when going
through the list of options.
SITD Administrator LeRoux explained the Sebastian Inlet Tax District's plan of action.
They have decided to begin a new two-year management plan.
OCTOBER 6, 2003
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BCC Coastal Engineer Gorham felt the County could benefit greatly by forming a closer
working relationship with the Sebastian Inlet Tax District and said the County would welcome
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the opportunity to become involved in the process of the revised management plan, both
formally and on a staff level. He thought it would be valuable if the Sebastian Inlet Tax District
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presented to the County's Beach and Shore Preservation Advisory Committee what they have
planned so that they could go to the Department of Environmental Protection with an Inlet
Management Plan that has everybody on board. He covered the development of specific
strategies to optimize future placement of sand by the Sebastian Inlet Tax District so they can
maximize benefits to the County's beaches and address the concern of the nearshore reef impact
from the sand replacement projects. He suggested two sites that have established trucking access
points to the upland areas as the sites for sand replacement; Treasure Shores Park and Golden
Sands. He estimates by the year 2008 the Sector 1 and 2 project will experience significant
P losses due to erosion The major point is that they should be working together to make sure they
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get the most benefit from their dollars.
SITD Administrator LeRoux stated that the Tax District has two counties to work
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withand expressed the District's desire to be a part of the County's future plans. He commented
that the District has frequently discussed the Indian River County reef at length and assured the
BCC that the District does not want to put sand on top of the reef because they want to avoid
litigation. Mr. LeRoux said they cannot make an agreement until the current litigation is over
and then they would be happy to discuss the placement of sand. Mr. LeRoux added if they were
to place sand in our County near the plaintiffs' residences, the District would be admitting that
the erosion is their fault.
BCC Chairman Macht asked the County Attorney if he felt that was a valid observation.
Indian River County Attorney William G. Collins said they could structure an agreement
to stipulate that this in no way constitutes any kind of admission.
SITD Chairman Glover sought advice from SITD Counsel Clifton A. McClelland.
SITD Counsel McClelland explained the theory of the lawsuit is that the Sebastian Inlet
is depriving the plaintiffs of sand to which they are entitled.
OCTOBER 6, 2003 6IT I
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ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther the BCC unanimously (4-0, Commissioner
Ginn absent), authorized County Attorney Will Collins to work
with Sebastian Inlet Tax District Attorney Clifton McClelland to
draft a resolution that will provide expansion of the Sebastian Inlet
Tax District permit to place sand on sites other than the County's
Beach Restoration project and stipulate that action is not an
admission of fault in the court cases.
Discussion continued and BCC Commissioner Adams welcomed communication and
involvement from the Sebastian Inlet Tax District and asked them to bring forth all the
advantages and disadvantages of their issues regarding the sand transfer plan and move forward
as a team.
SITD Chairman Glover concurred and asked Commissioner Adams what options she
favored.
BCC Commissioner Adams said she did not have any favorites, but unequivocally did not
want the Inlet closed.
SITD Chairman Glover stated they all felt the same way and believed that government
needs to work together to save taxpayers' money so all can benefit from sharing.
BCC Chairman Macht said they have a great interest in seeing the sand transfer plant
work but understands that it is the taxing district's responsibility to come up with a design that
works and to manage the operation of it.
SITD Chairman Glover said they have a sand transfer plant in service now and they
need to look at other options.
BCC Commissioner Adams disagreed with BCC Chairman Macht that the sand transfer
plant is the District's total responsibility. How it operates impacts the County and she felt that
one of the options to look at is whether we need to share the responsibility.
OCTOBER 6, 2003
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ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther the BCC unanimously (4-0, Commissioner
Ginn absent), authorized County Attorney Will Collins to work
with Sebastian Inlet Tax District Attorney Clifton McClelland to
draft a resolution that will provide expansion of the Sebastian Inlet
Tax District permit to place sand on sites other than the County's
Beach Restoration project and stipulate that action is not an
admission of fault in the court cases.
Discussion continued and BCC Commissioner Adams welcomed communication and
involvement from the Sebastian Inlet Tax District and asked them to bring forth all the
advantages and disadvantages of their issues regarding the sand transfer plan and move forward
as a team.
SITD Chairman Glover concurred and asked Commissioner Adams what options she
favored.
BCC Commissioner Adams said she did not have any favorites, but unequivocally did not
want the Inlet closed.
SITD Chairman Glover stated they all felt the same way and believed that government
needs to work together to save taxpayers' money so all can benefit from sharing.
BCC Chairman Macht said they have a great interest in seeing the sand transfer plant
work but understands that it is the taxing district's responsibility to come up with a design that
works and to manage the operation of it.
SITD Chairman Glover said they have a sand transfer plant in service now and they
need to look at other options.
BCC Commissioner Adams disagreed with BCC Chairman Macht that the sand transfer
plant is the District's total responsibility. How it operates impacts the County and she felt that
one of the options to look at is whether we need to share the responsibility.
OCTOBER 6, 2003
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BCC Chairman Macht said he did not feel that it is the Board's responsibility.
Discussion ensued among the BCC Commissioners and the overall feeling expressed was
that the responsibility should be one that is shared. Both Commissions agreed to send a
representative from staff to each other's meetings.
SITD Vice Chairman Hartman asked the BCC if the meeting satisfied their
expectations and if the Board would like to meet again.
BCC Commissioner Neuberger felt that they should meet quarterly.
SITD Vice Chairman Hartman mentioned the next issue coming up is dredging.
SITD Administrator LeRoux explained that they are waiting to find out what their
mitigation costs are and waiting for the lawsuit to run its course. They will then place dredge
material in the wading pool area of the north jetty to store until they work out an interlocal
agreement.
BCC Chairman Macht said he would appreciate receiving copies of anything on
recommended or actual construction.
ALL BACKUP DOCUMENTATION IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD AND IS HEREBY MADE A PART
OF THESE MINUTES
6. ADJOURNMENT
There being no further business, on Motion duly made, seconded and carried, the meeting
adjourned at 4:00 p.m.
OCTOBER 6, 2003
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ATTEST:
Jeffrey K. Barton, Clerk
Minutes Approved: NOV 1 R 20n -I
/MIS/Minutes/SpecialMinutes
OCTOBER 6, 2003
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ATTEST:
Jeffrey K. Barton, Clerk
Minutes Approved: NOV 1 R 20n -I
/MIS/Minutes/SpecialMinutes
OCTOBER 6, 2003
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R. Macht. Chairman
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R. Macht. Chairman