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Home My WebLink About11081993 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL SPECIAL MEETiNG MONDAY, NOVEMBER 8, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAiN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE iNSPECTED iN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAiN STREET, SEBASTIAN, FLORIDA. PURPOSE: Discuss Habitat Conservation Plan Implementatlon 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 93.336/ 4. 92.213 DISCUSS HABITAT CONSERVATION PLAN IMPLEMENTATION (Director of Community Transmittal dated 11/2/93 - List of Events and Exhibits) 5. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) City of Sebastian ~E~_~E._D~.~:~.~ e SEBASTIAN, FLORIDA--8 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING MONDAY, NOVEMBER 8, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. PURPOSE: Discuss Habitat Conservation Plan Implementation Mayor Powell called the Special Meeting to order at 7:00 p.m. and explained its purpose. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: City Clerk/Acting City Manager, Kathryn M. O'Halloran Assistant City Attorney, Richard Torpy Director of Community Development, Bruce Cooper Deputy City Clerk, Sally Maio Special city council Meeting November 8, 1993 Page Two 93.336/ 4. 92.213 DISCUSS HABITAT CONSERVATION PLAN IMPLEMENTATION (Director of Community Development Transmittal dated 11/2/93 - List of Events and Exhibits) The Director of Community Development noted the atten~anc~ of this meeting~y Dawn Zattau, U.S. Fish and Wlldllfe Service; Brian~Tolland, Florida Game and Freshwater Fish; and Lisa Barr, Brevard County; and read a letter from U.S. Fish and Wildlife, received at City Hall today, for the record (see attached), the content of which advised that U.S. Fish and Wildlife will no longer issue "no take" concurrence letters on a lot by lot basis and advised that permit applicants will be able to choose between development of an individual habitat conservation plan (HCP) or wait for completion of a city-wide HCP. Edra Young, 1151 Clearmont Street; Barrett Balthaser, 679 SW Bayfront Terrace; Keith Miller, 961 Riviera Avenue; John Revella, 429 Georgia Boulevard; Wally Kramer, Micco; A1 Vilardi, 445 Georgia Boulevard; and Sal Neglia, 461 Georgia Boulevard; addressed City council on the issue, generally objecting to the mandates established by U.S. Fish and Wildlife Service relative to scrub jay habitat. The Director of Community Development recommended that individual lots be left alone and those tracts not yet subdivided be looked at for mitigation. Lisa Barr, Director of Brevard County Outdoor Resources Management Division, informed city Council on the course that Brevard County followed to finally begin implementation of a habitat conservation plan with a thirty year duration for approximately 12,000 acres and development of a system to spread funding over as wide a base as possible, and submitted a briefing document to City Council which was prepared by Brevard County to submit to the federal government for additional funding. TAPE I - SIDE II (7:48 p.m.) Ms. Barr responded to questions from city Council. Special City Council November 8, 1993 Page Three The Director of Community Development noted that Roland DeBlois, Indian River County was also in the audience to answer questions, and introduced Dawn Zattau, U.S. Fish and Wildlife Service. Dawn Zattau responded to questions from staff and city Council, updated city Council on recent reports that approximately twelve families of scrub jays have been lost within the last two years, reported that the agency has been assigned the task of protecting the species by Congress and cannot allow unauthorized incidental takes to continue, resulting in today's letter to the city. In response to Mayor Powell, she said the average territory size for a scrub jay family is twenty five acres and reported that the Golf Course property can be used but biologically will not sustain the entire scrub jay population to keep the link between the rest of Indian River County and Brevard County active. Vice Mayor Oberbeck excused from 8:08 p.m. to 8:10 pm. Discussion continued on possible alternatives to satisfy U.S. Fish and Wildlife mandates. The Director of Community Development advised that the current procedure has been for individual lot owners to obtain "no take" letters from U.S. Fish and Wildlife on their own and advised that if Council decided to develop an HCP, in addition to implementation of the plan, funds would have to be expended for consultants and land purchase. Mrs. Damp referred to local governmental agencies' resolutions urging an end to unfunded mandates and noted that Indian River County has spent $30 million on unfunded federal mandates thus far. Mayor Powell called recess at 8:20 p.m. and reconvened the meeting at 8:36 p.m. Ail members were present. In response to Mrs. Corum, Ms. Zattau recommended City Council obtain a mediator to assist the city in implementing a habitat conservation plan and recommended Michael O'Connell, at the Nature Conservancy in Winter Park. Special City Council November 8, 1993 Page Four Mrs. Corum recommended that the city order the book, "Reconciling Conflicts Under the Endangered Species Act", by Mr. O'Connell. Ms. Zattau said individual 10ts can be developed now by using mitigation methods, although definitive ratios have not yet been determined by the U.S. Fish and Wildlife. TAPE II - SIDE I (8:49 p.m.) City Council input and inquiries continued. Ms. Zattau responded to inquiries from the Director of Community Development stating that loss of scrub jays would mean loss of the habitat on which they exist, that in areas that have been developed over the last two years jay families have been lost, if birds eventually die out on preserved land the land would probably be released but it would have to be left open for a couple~of breeding seasons, the map provided by Brian~Tolland shows the areas of concern for U.S. Fish and Wildlife, that if the city does not develop an HCP individual lot owners will have to obtain "no take" letters and the process could take up to sixty days, it will cost individual lot owners even if the city develops an HCP, that the only way a permit would ever be denied is if it jeopardized the continued existence of the entire sub-species, and that U.S. Fish and Wildlife will have no problem with totally grass lots in scrub areas. Ms. Zattau again urged development of an HCP and recommended a mediator. The majority of City Council expressed objections to U.S. Fish and Wildlife mandates. The city Attorney explained options available and advised city Council on the legal ramifications of those options, stated that, in his opinion, U.S. Fish and Wildlife is posturing itself for action against the city of Sebastian if the city does not comply with their mandates, advised that if the city issues a development permit which results in a take of habitat it will be held liable with fines up to $25,000 per take, said that the city could 1) prepare an HCP, 2) take a posture that it will not issue a permit unless the applicant obtains a permit from U.S. Fish and Wildlife or from the State of Florida during nesting season, referring to a case in Juno Beach, and 3) to issue permits and develop a test case, which, in his opinion, the least viable option, since 4 Special City Council November 8, 1993 Page Five it will be difficult to decide who will be the test case, could be very costly and because the city's ability to challenge the Endangered Species Act is very questionable. He recommended option two and surmised that eventually indian River County will soon be dealing with this same issue. Mayor Powell reiterated citizen advice to send letters to Congressmen and Mr. Freeland suggested a resolution be adopted and submitted to Congress. The Director of Community Development sought direction and recommended, if it is Council's intent to pursue an HCP, his first step would be to contact Indian River County regarding land acquisition and advised that the five designated scrub areas will be removed from the tax rolls regardless. MOTION by Oberbeck I say leave it up to Fish and Wildlife we'll let the property owners apply to Fish and Wildlife, burden them with paper, they can hire more people, the bureaucracy can get bigger and they can give them permits, number two, my position would be let the citizens request permits, secure them from state and Fish and Wildlife, appropriate agencies and come back to the city. MOTION died for lack of a second. MOTION by Corum I make a motion for Council to contact a mediator to start the process of an HCP. MOTION died for lack of a second. MOTION by Corum Can I make a motion that the city contacts Indian River County to discuss an HCP. MOTION died for lack of a second. Mrs. Corum explained her last motion for the benefit of Mrs. Damp. The Director of Community Development said if there is no motion he will abide by the Fish and Wildlife letter and not issue permits until individuals obtain approval from Fish and Wildlife. 5 Special City Council November 8, 1993 Page Six MOTION by Oberbeck/Freeland I'm going to move again (tape ended) TAPE II - SIDE II (9:37 p.m.) I'll reword that'not to issue any permits on properties where Fish and Wildlife are involved until such time as Fish and Wildlife provides the proper permits to the applicant or the property owner - option two. Mr. Freeland expressed his objection to federal mandates, Mayor Powell urged citizens to speak out against the mandate and Mrs. Corum urged implementation of an HCP. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - nay MOTION CARRIED 3-2 (Corum, Powell - nay) The Director of Community Development requested further direction to pursue other avenues to assist property owners. Being no further business, Mayor Powell adjourned the Special Meeting at 9:43 p.m. Approved~at the Meeting. Kathryd M. O'Halloran, CMC\AAE City Clerk As , 1993, City Council / /" /:,.' , ') // 6