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Home My WebLink About09/27/2002 (:ltY O~ HO~, OF PELI~-~AN L~LAI'~D 1225 Main Street [] Sebastian, Florida 32958 Telephone (772) 589-5330 [] Fax {772} 589-5570 City Council Information Letter September 27, 2002 Appointment of Recreation Leader Kathy Falzor~ I am pleased to report that current Indian River County Department of Parks and Recreation employee Kathy Falzone was officially hired by the City of Sebastian to the capacity of Recreation Leader. In this position, she will continue hosting various exercise and dance instruction related programs at the Sebastian Community Center effective Tuesday October 1st. In addition, per goals and objectives outlined in the Fiscal Year 2002/2003 Adopted Budget, Mrs. Falzone will have the ability to appoint three part-time recreation aides to assist the operation. As such, no disruption of programs are anticipated whatsoever, as our community now enjoys the opportunity to substantively expand recreational services opportunities for both residents and visitors alike. In an effort to further enhance activities, the Division of Parks and Recreation of the Department of Public Works will soon forward recommendations to purchase new gymnasium and dance related equipment. Respective authorization consideration is therefore anticipated during an upcoming October City Council meeting. Letter from Florida, Power and Light - Franchise Fee,~ As reported by both Rich Stringer and I a couple weeks ago, the Florida, Power and Light Company (FPL) wishes to direct that the City of Sebastian continues collecting franchise fees from the School District of Indian River County. The attach letter as received eadier this week from FPL External Affairs Manager Rachel Scott clearly and formally outlines their position, including reference about the Florida Supreme Court's ruling that such processes are unequivocally appropriate. Interesting, FPL has also formally taken the position that any potential settlement with the School District cannot and will not change collection of franchise fees and respective payments to the City of Sebastian. City Council Information Letter September 27, 2002 Page 2 Contact with Army Corp of Engineers - Pelican Island To add to Mayor Barnes' comments offered Wednesday evening relative to the Pelican Island Restoration Program, I have spoken with a Ms. Debra Pearson (904-614-5064) of the United States Army Corp of Engineers in an effort to initiate a more formal dialogue relative to the overall scope of construction in the Indian River Lagoon. According to Ms. Pearson, work is not anticipated to begin until sometime during the first half of the 2003 calendar year. In addition, she informed me that engineering logistics are still being revised and fully developed. As such, arrangements are being made to host Ms. Pearson and other representatives from the Corp sometime in early 2003 via formal presentation to City Council. Concerned residents will therefore be encouraged to attend, so as to learn more about the project, as well as offer questions to federal officials involved in project administration. Department of Health Fill Requirements A meeting took place a few days ago in my office with representatives and staff from the Indian River County Department of Health and the Sebastian Building Department in an effort to address numerous concerns relative to fill height requirements governing new home construction activities in our community, notably impacts to drainage vis-a-vis older structures adjacent to new projects. Officials from the Department of Health consented to work with Building Department staff to offer and/or direct ancillary solutions relative to such cases, including possible installation of additional infrastructure to curtail potential problems accordingly. In addition, arrangements are being made to host a presentation regarding such matters during your October 23rd meeting, as health officials will have the opportunity to publicly discuss details relative to the aforementioned process, as well as to clarify and outline state requirements regarding construction fill material as related to septic tanks installation. Out of Office Just a reminder that I will be away from the community beginning this weekend as I will be representing the City of Sebastian at this year's International City/County Management Association (ICMA) Annual Conference. This year's event marks a very special occasion for me City Council Information Letter September 27, 2002 Page 3 professionally, as I will be presented with a service award from the association commemorating ten years of local government service (my career officially began in June 1991 when I was hired as an analyst with the City of Chicago prior to initiating graduate studies). Additionally, I recently satisfied all requirements necessary to secure the ICMA Credentialed Manager Certification, a designation that will formally register me as a fully trained and educated local government management professional. I will therefore be appropriately ordained during the conference. I have provided each of you sealed personal copies of my contact information, should any of you feel the need to speak with me directly while I am away. As I will not report back to City Hall until Thursday morning, October 3rd, no information letter will be delivered next week. Enclosure(s): Letter from Rachel Scott, FPL - Franchise Fees Letter and Map from James Duck, Planning Division Chief, Army Corp of Engineem - Pelican Island Restoration Personal Sealed Notice - Contact Information, ICMA Conference My Docum ents/InfoLetter150 I=1=/ September 19, 2002 Mr. Terrence Moore City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Mr. Moore: Florida Power & Light Company, 1401 S.E. Monterey Read, Stuart, FL 34994 (561}781-3118 Fax (561)781-3117 As you and I discussed recently, we were surprised to learn of the city's "settlement" with the Indian River School Board over the issue of franchise fees. You probably know the School Board involved us in this suit over the same isaac. We believe it is a very well established matter of Florida law that we are required to collect and remit franchise fees from all our customers within the jurisdictional limits of Sebastian. That is our clear, legal duty with regard to franchise fees. FPL is not permitted to exempt any customer from the payment of those fees. That means that your settlement aside, we have no choice but to continue to charge and collect franchise fees from the School Board accounts and pay those mounts to the City of Sebastian. In 1976 the Florida Public Service Commission implemented the "direct" system of collecting franchise fees. The direct system required those fees to be collected from all customers within a city which had granted the franchise and those fees were to be shown as a separate item on the bill. There was much litigation over this issue and the Flor/da Supreme Court finally decided in 1979, that the direct method was appropriate. FPL was ordered by the Public Service Commission to make the necessary changes to its tariff to implement the "direct method". FPL did that, the Commission approved those changes and since then all electric utilities in the state have operated according to the direct method. Since this matter is in litigation, our attorneys will be sending a more formal statement of our legal position to your attorney and perhaps, the School Board's, but we wanted you to know that your settlement cannot and will not change our collection of franchise fees or payments to the City. Please let me know if I be of assistance in responding to any questions. Thank yon. Your/~ truly, j Rachel Scott External Affairs Manager an FPL Group company Planning Division Environmental Branch DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS P. O. BOX 4970 JACKSONVILLE, FLORIDA 32232-00~9 TO ADDRESSES ON THE ATTACHED LIST: The U.S. Army Corps of Engineers, Jacksonville District, is gathering information to define issues and concerns that will be addressed in an ecosystem restoration study being conducted within Pelican Island National wildlife Refuge, Indian River County, Florida. More specifically~ the study area is located on three spoil islands within the refuge that were created during the construction of the Atlantic Intracoastal Waterway. The Florida Department of Environmental Protection has designated the islands with the numbers 4, 5, and 6(see enclosed map). Authority and funds for the project are provided by Section 1135 of the Water Resources Development Act of 1986 (P.L. 99-662), as amended. Currently, islands 4, 5, and 6 are populated with exotic vegetation (e.g. Brazilian Pepper and Australian Pine). The goal of the project is to convert this system into a viable, native vegetative complex through the removal of exotic species and manipulation of substrate elevations to foster the desired habitat. Habitat alternatives being considered are 1) seagrass bed, 2) mangrove swamp, 3) scrape to original lagoon bottom, or 4) a combination of 1 and 2. A no action alternative is also being considered. In addition, placement options for the material removed from islands 4, 5, and 6 would be relocation to a Dredged Material Management Area (upland site), a nearshore site, a beach location, or strategically placed to protect Pelican Island. We welcome your views, comments, suggestions, and information about environmental and cultural resources, study objectives and important features within the described study area, as well as any suggested improvements. Letters of comment or inquiry should be directed to the letterhead address, attention of Planning Division, Environmental Branch, within thirty (30) days of the date of this letter. Sincerely, James C. Duck Chief, Planning Division Enclosure Pelican island NWR Island 4 ~ Spoil Habitat Types Ss~l_~r0sses ~ wetlands ~ pelican.island ~, proposed.shoal