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HomeMy WebLinkAbout09062006 EB OIY Of SE~ ~ ,.' .' ....~:~ - --:--- -: . HOME OF PELICAN ISlAND TEMPORARY ENVIRONMENTAL ADVISORY COMMITTEE MEETING MINUTES WEDNESDAY, SEPTEMBER 6,2006 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Chair Adams called the meeting order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Members Present: Dale Simchick Larry Birchmeyer Pat Beckwith Trish Adams Kristi Yanchis Jane Kresge Diane Powers Jim Slattery Members Absent (excused): Linda DeSanctis Also Present: Sal Neglia, Council Member Jeanette Williams, Recording Secretary 4. APPROVAL OF MINUTES A. August 1, 2006 Meeting On a MOTION by Mr. Birchmeyer with a SECOND by Ms. Beckwith the minutes were approved with a voice vote of 8-0. 5. OLD BUSINESS A. Discussion of Developing a Conservation Fund 1 Temporary Environmental Advisory Committee September 7,2006 Page Two Ms. Simchick passed out information she has found so far (attached). She stated she favored a transfer tax collected at home closing and that communities usually use land acquisition fees. She requested additional research time before approaching Council. Ms. Adams steered her towards initiatives possibly taken by Port St. Lucie and Martin County for her fact finding. Ms. Adams also stated new habitat conservation plans under development on the west coast will have fees associated with development applications that Sebastian may be able to copy. B. Overview of presentation to Council Ms. Adams thanked members who joined her at the Council meeting for their support. C. Incidental Take Permit Presentation Ms. Adams, U. S. Fish & Wildlife Service (USFWS), South Florida Habitat Conservation Planning Coordinator, whose area covers Indian River County, west to south of Tampa all the way down to the keys. She began her presentation by explaining Section 10 of the Endangered Species Act is designed to minimize development impacts of a species' habitat and the thought to remember is: "Will the action cause extinction?" She explained that direct take is the direct killing of the species and indirect take alters the breeding, feeding or shelter of a species. She also said the process is designed to have no surprises if all conditions are followed and if a take has been exceeded the Service will help the offending party work through the issue. She said habitat conservation plans have been drawn up for the Eastern Indigo Snake, Sand & Bluetail Mole Skink and quite a few plants. Ms. Adams also said Sebastian's Habitat Conservation Plan (HCP) is six years old, covers 14,000 General Development Corporation (GDC) lots in the Highlands and 317 of those lots are used by scrub jay families. She complimented the City for using all of the platted GDC lots because the territories shift as new jay families form and lots are developed. Side II, Tape I Ms. Simchick asked who paid for Sebastian's HCP and Ms. Adams said it was done by the County. Ms. Simchick asked who would pay if the City needs additional mitigation and Ms. Adams said the City would be responsible but the City is not in violation of the permit and is a model for many other communities. Ms. Simchick stated an environmental position could monitor the scrub jays for the City. 2 Temporary Environmental Advisory Committee September 7,2006 Page Three Ms. Beckwith asked what happens to the land if the scrub jays live in one spot for their whole life. Ms. Adams explained that the jays would stay as long as it was viable and offspring would move to another location to start a new family and the Sebastian Buffer Preserve is designed for juvenile birds to move to. 6. NEW BUSINESS A. Earth Day 2007 - April 21st, 2007 Ms. Adams asked the Committee if they wanted to continue with Earth Day since they may be sunsetted in March. It was the consensus of the Committee to move forward with Earth Day on April 21st at Riverview Park. Council Member Neglia pointed out that continuing may impact Council's sunset decision. It was consensus of the Committee that middle school students should participate, there will be interactive booths and it will focus on Sebastian's resources. B. Gopher tortoise protection Ms. Adams reported that Council has tasked the Committee to learn the status and biological needs of gopher tortoises and to draft ordinance language to protect them and prohibit entombment. She advised that she and Ms. Yanchis because of their background, would take the lead with input from fellow members on this assignment. Ms. Beckwith asked what to do if a tortoise is found in your yard. Ms. Adams said that would be part of the research. Ms. Adams asked if the Public Works Department is using the integrated pest management knowledge from the class held at City Hall last spring. Council Member Neglia said he would find out. She also asked who to contact regarding the boy scouts placing the drain markers in the upcoming weeks. She reported the scouts meet every Tuesday at 7 pm and are ready to apply the markers. Again, Council Member Neglia offered to find out the contact person. Council Member Neglia stated he had gone to a Treasure Coast Council of Local Government meeting yesterday and the use of phosphorous fertilizer was discussed. He had a CD for the committee to review but it was not the right format for the projector. Copies will be distributed at a later time. Ms. Kresge pointed out the Rockledge Gardens sold a high content phosphorous fertilizer. Ms. Beckwith said it is sometimes used as a bloom starter. 3 I Temporary Environmental Advisory Committee September 7,2006 Page Four Mr. Slattery requested a special meeting in two weeks for go over Earth Day plans. It was the consensus of the Committee to meet October 16 at 6 pm. 7. Set Next Agenda It was the consensus of the Committee to include Earth Day planning update, gopher tortoise update and public comment on the next agenda. Ms. Beckwith reported that she received 75 calls on her request for air potato locations and there is a concentration of the plant on City property that should be removed. Council Member Neglia pointed out that the Public Works crew would have to leave another project to pull this plant. Ms. Adams suggested applying for grants to have it removed. 8. Being no further business, the meeting adjourned at 8: 19 pm. Approved at the October 3, 2006 meeting. 4 Submitted by Dale Simchick to Temporary Environmental Advisory Committee on 9/6/06 IMPACT FEES VS. TRANSFER TAX VS. REFORENDUM . TRANSFER TAX - AT CLOSING WHEN RECORDING DEED FL. STATE TRANFER TAX IS COLLECTED. OTHER STATES ALLOW LOCAL GOVERNMENTS TO EXERCISE USE OF THIS TAX BUT FLORIDA STATE GOVERNS AND CONTROLS TRANSFER TAX FUNDS AND ALLOCATIONS. . IMPACT FEES- COLLECTED FOR SPECIFIC INFRASTRUCTURE NEEDS (CAPITOL EXPENDITURE ONL Y) PARKS, ROADS, PUBLIC SAFETY (CITY OF SEBASTIANS RECREATIONAL IMPACT FEE) CITY ORDINANCES PASSED AND COLLECTED THROUGH SPECIFIC FUND FOR SPECIFIC ALLOCATION. ENVIRONMENTAL IMPACT FEE MUST BE DEEMED FEASABLE AND DEFENDABLE BY CITY ATTORNEY(HIGHL Y UNLIKELY ACCORDING TO COUNTY REPRESENT A TIVE.(NONE IN PALM BAY , BREVARD, WEST PALM) . DEDICATED TAXES- SIMILAR TO LAND ACQUISITION TAX ON COUNTY BILL OR EEL PROGRAM IN BREVARD. VOTED IN BY TAX PAYER. WHERE DOES THIS LEAVE US? . AS A COMMUNITY - REQUEST MINOR EXPENSE ACCOUNT FOR MAILINGS / FL YERS/ETC. AS SUGGESTED BY CITY COUNCIL LAST BUDGET MEETING . AS A CITY- REQUEST CITY ATTORNEY DOUBLE CHECK FEASABLITY (OR UNFEASABLITY IN IMPACT FEE FOR CONSERVATION /PRESERVATION CAUSES) WITHTHAT INFORMATION COMBINE REPORT WITH OTHER INFORMATION ON G.O. BONDS/FEDERAL AND STATE FUNDS/GRANTS/ VS. DEDICATED TAXES. . ENVIRONMENTAL PLANNER-HOPEFULLY PLANNER POSITION WILL BE APPROVED AND SUBJECT IllRED WILL HA VB GRANT WRITING CAP ABLITIES REQUEST TO CONTINUE . REQUEST CONTINUE TO FACTFIND ON MEANS TO OBTAIN FUNDS ARTICl:E III. RECREATIONAL IMPACT FEES Page 1 of3 ARTICLE III. RECREATIONAL IMPACT FEES Sec. 74-50. Fee required. The payment of a fee to the city in the amount of nine hundred seventy-five dollars ($975.00) to be used for the acquisition, expansion, construction and provision of city recreational facilities shall be requiredas a condition of the issuance of a building permit for any newly constructed dwelling unit of any kind. A dwelling unit shall be considered newly constructed whether it is constructed on a vacant lot or parcel, is the reconstruction or renovation of a building that was not previously occupied as adwelling unit of any kind, or whether it is an additional dwelling unit added to a lot, parcel, tract of property, thereby increasing the total number of dwelling units to two (2) or more. (Ord. No. 0-01-15, 91, 7-11-01) Sec. 74-51. Credit for parcels vested under 1992 Bankruptcy Court Order. Pursuant to the Settlement Agreement and Order in Case No. 90-12231-BKC-AJC of the United States Bankruptcy Court for the Southern District of Florida, the fee for lots developed pursuant to the plats of the Sebastian Highlands Units 1-17 shall be six hundred fifty dollars ($650.00), which represents a credit of three hundred twenty-five dollars ($325.00) for the pro-rata amount of the impact fee attributable to costs of land acquisition under the level of service standards of the comprehensive plan. (Ord. No. 0-01-15, 92,7-11-01) Sec. 74-52. Credit for the dedication of land for active recreation uses. Upon the dedication of two (2) or more contiguous acres of land to the city as hereinafter set forth, a developer shall receive a credit against the fee otherwise required to be paid pursuant to this article. The credit shall be applied as follows: (1) The credit shall become effective upon city council acceptance of the dedication of the land. Said land shall not be accepted by the city council unless it finds the land to be suitable for public park or active recreation purposes. In determining the suitability of the land for such purposes, the city council may consider all factors and variables affecting such suitability, including, but not limited to: a. Access from paved public streets. b. Size. c. Fair market value. d. Physical characteristics and qualities. e. Proximity of the land to other recreation facilities. f. Availability of city funds to construct facilities on the land. g. Conformance with the city's comprehensive plan. Conservation lands required as a condition of development approval by regulatory agencies shall not be eligible for impact fee credits. http://1ibrary4.municode.com/mcc/DocView/1 0311/1/117 /120?hi1ite=impact;impacts; 9/512006 ARTICLE III. RECREATIONAL IMPACT FEES . . Page 20f3 (2) The fair market value of the land to be dedicated shall be established by a formal MAl appraisal which is acceptable to the city. The appraisal shall be provided by the developer at his expense. The developer shall provide the city manager or his designee with detailed plans and specifications of any improvements and facilities to be constructed thereupon, including estimates and information as to costs, and the city shall make a determination as to the credit available for such construction. (3) The land shall be dedicated to the city in fee simple, and shall be free of any liens or encumbrances. (4) The credit shall be calculated as a ratio of the fair market value of land dedicated, plus the value of any facilities constructed thereupon by the developer, divided by the total recreational impact fee required to be paid. The fee required to be paid pursuant to this article shall be reduced by the percentage of credit determined by the above formula. (5) Recreation impact fees credited to a developer, for dedications and improvements eligible for impact fee credits, shall be provided on a lot by lot basis. The impact fee amount shall be reduced equally for each lot or in the case of multi-family residential projects each dwelling unit, within the development by assessing the total impact fee per lot or unit minus the proportionate share of the credit applied to each lot. (6) If the percentage of credit is one hundred (100) percent or more, no fee shall be required to be paid. Any dedications valued in excess of the total projected impact fee due for the project shall result in an impact fee credit in favor of the developer, which shall be assignable and shall remain in effect for a maximum of ten (10) years. Such excess credits may be used anywhere within the city if arising from the dedication of a community park facility. However, credit arising from dedication of neighborhood park facilities may only be utilized within the recreational zone in which the development containing the dedicated facility is located. (7) A recreation impact fee agreement shall be provided governing credits and payment of fees. Such agreement shall be acceptable to the city attorney and city manager, and shall be recorded. (Ord. No. 0-01-15, ~ 3,7-11-01) Sec. 74-53. Time of payment. The fee required by this article shall be paid at the time the building permit is issued for each dwelling unit. (Ord. No. 0-01-15,~, 7-11-01) Sec. 74-54. Establishment of recreation zones. The city shall be divided into four (4) recreational zones which shall function as service areas for neighborhood park facilities as follows: (1) Zone A. Begin at the intersection of centerlines of Fleming Street and CR 512; thence follow centerline of Fleming Street north to Main Street; thence follow centerline of Main Street northeast until it intersects with the perpendicular extension of the lot line between Lots 3 & 4, Block 12, Sebastian Highlands Unit 1; thence follow said extended lot line through to the boundary of Roseland Satellite Airfield Tract 1 (Sebastian Municipal Airport); thence follow along said boundary to the west and north, and continue along the same as it becomes the boundary to Roseland Satellite Airfield Tract http://library4.municode.com/mcc/DocView/1 0311/1/117 /120?hilite=impact;impacts; 9/512006 ARTICLE III. RECREATIONAL IMPACT FEES . . Page 3 of3 3, continuing as the same line becomes the city limits; thence follow said city limits to the west and around until the same intersects with CR 512; thence follow northeast along the centerline of CR 512 to the point of beginning. (2) Zone B. Begin at the intersection of centerlines of Fleming Street and CR 512; thence follow centerline of Fleming Street north to Main Street; thence follow centerline of Main Street northeast until it intersects with the perpendicular extension of the lot line between Lots 3 & 4, Block 12, Sebastian Highlands Unit 1; thence follow said extended lot line through to the boundary of Roseland Satellite Airfield Tract 1 (Sebastian Municipal Airport); thence follow along said boundary to the west and north, and continue along the same as it becomes the boundary to Roseland Satellite Airfield Tract 3, continuing until said line intersects with the city limits along the northwest corner of the former St. Sebastian PUD; thence follow said city limits to the northeast and around until the same intersects with the boundary between Sections 7 & 18; thence follow west along said section line continuing as it becomes the boundary between Sections 12 & 13 until the same intersects with the centerline of CR 512; thence along said right-of-way to the point of beginning. (3) Zone C. Begin at the point the city limits intersect the boundary of Sections 7 & 18 from the north; thence follow said city limits east and around south until the same intersects with Powerline Road; thence follow the centerline of Powerline Road north to Barber Street; thence follow Barber Street to the west and north to the centerline of the Elkam Waterway; thence follow the centerline of the Elkam Waterway east to mouth of the Collier Waterway; thence follow the Collier Waterway to the point it intersects withthe boundary of Sections 12 & 13; thence follow east along said section line, continuing as it becomes the boundary of Sections 7 & 18 to the point of beginning. (4) Zone D. Begin at the point the boundary of Sections 12 & 13 intersects the centerline CR 512; thence follow said section line east to the point the Collier Waterway intersects the same from the south; thence follow the centerline of the Collier Waterway until it intersects with the Elkam Waterway; thence follow the centerline of the Elkam Waterway to the west to the centerline of Barber Street; thence follow the centerline of Barber Street to the south and east to the intersection with Powerline Road; thence follow the centerline of Powerline Road south to the city limits; thence follow the city limits to the west and around to the north to CR 512; thence follow along the centerline of CR 512 to the northeast to the point of beginning. (Ord. No. 0-01-15, S 5,7-11-01) Sec. 74-55. Use of fees paid. The fees paid pursuant to this article shall be segregated and held in trust by the city in its recreation trust fund. The city shall maintain records of monies collected adequate to determine the amount contributed to the fund from each particular development. The funds collected from any development shall be used only to acquire, construct or provide recreational improvements or facilities, but may not be used on a neighborhood park facility located in a different recreation zone than the one containing the originating development. The city shall maintain records of all funds expended and the purposes for which they were expended. Funds must be encumbered for a qualifying project within seven (7) years of being collected. (Ord. No. 0-01-15, S 6,7-11-01) http://library4.municode.comlmcc/DocView/1 0311/1/117 /120?hilite=impact;impacts; 9/5/2006