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HomeMy WebLinkAbout06192008 ISBA SPECIAL CALL JOINT MEETING OF INDIAN RIVER COUNTY, CITY OF VERO BEACH, INDIAN RIVER SHORES, SEBASTIAN, FELLSMERE AND ORCHID MINUTES THURSDAY, JUNE 19, 2008 - 10:00 A.M. THE RICHARDSON CENTER, 6155 COLLEGE LANE, VERO BEACH, FLORIDA: CITY OF VERO BEACH: PRESENT: Mayor Tom White, present; Vice Mayor Sabe Abell, present; Councilmember Ken Daige, present; Councilmember Bill Fish, present and Councilmember, Debra Fromang, present Also Present: City Manager, Jim Gabbard; City Attorney, Charles Vitunac; Planning and Development Director, Tim McGarry; City Clerk, Tammy Vock and Deputy City Clerk, Sherri Philo INDIAN RIVER SHORES: PRESENT: Mayor Thomas Cadden, present; Vice Mayor E. William Kenyon, present; Council Member William Ahrens, present; Council Member Frances Atchison, present; Council Member David Becker, present Also Present: Town Manager, Robert Bradshaw CITY OF SEBASTIAN: PRESENT: Vice Mayor Sal Neglia, present; Council Member Eugene Wolff, present; Council Member Dale Simchick, present and Council Member Al Paternoster, present Also Present: City Attorney, Rich Stringer; AICP Director, Rebecca Grohall, and City Manager, Al Minner CITY OF FELLSMERE: PRESENT: Mayor Sara Savage, present; Council Member Cheryl Hampton, present and Council Member Fernando Herrera, present Also Present: City Manager, Jason Nunemaker and City Attorney, Warren Dill TOWN OF ORCHID: PRESENT: Vice Mayor Susan Joyce, present Also Present: Town Attorney, Anthony Garganese; Town Clerk, Terri Wallace and Town Manager, Deb Branwell; INDIAN RIVER COUNTY: PRESENT: Commission Chair Sandra Bowden, present; Commissioner Joseph Flescher, present; Commissioner Gary Wheeler, present; Commissioner Peter O'Brien, present and Commissioner Wesley Davis, present Also Present: Assistant County Attorney, George Glenn; Assistant County Administrator, Michael Zito and Community Development Director, Bob Keating 1. CALL TO ORDER Mayor Tom White called today's meeting to order at 10:00 a.m. 1 06/19/08 Joint Special Call City Council 2. PLEDGE OF ALLEGIANCE The Elected Officials and the audience present for today's meeting joined together in the Pledge of Allegiance to the flag. 3. OPENING COMMENTS Mayor White stated .that one year ago they started to look at annexations that the City of Fellsmere was doing and there were conversations about Charter Government. He reported that after the City of Vero Beach learned of the new Florida Statute regarding Interlocal agreements, they formed a Task Force made up of Indian River County City Attorneys, County Attorneys, the Indian River County Administrator and all the City Managers. The Interlocal Agreement in front of them today is what has transpired over the past year (on file in the City Clerk's office). He felt that if they could not come to some sort of an agreement, they would be looking at Charter Government. 4. DISCUSSION OF INTERLOCAL SERVICE BOUNDARY AGREEMENT - Charles Vitunac, City Attorney/City of Vero Beach Mr. Charles Vitunac, City of Vero Beach City Attorney, stated that staff has been meeting on this agreement every two weeks for the past year. He then asked staff to introduce themselves. The staff that has been working on the agreement are: Town of Orchid Town Manager, Deb Branwell; Town of Orchid Town Attorney, Anthony Garganese; Indian River County Assistant Attorney, George Glenn; Indian River County Assistant Administrator, Michael Zito; Indian River County Community Development Director, Bob Keating; City of Vero Beach City Attorney, Charlie Vitunac; City of Vero Beach City Manager, Jim Gabbard; City of Vero Beach Planning and Development Director, Tim McGarry; City of Sebastian City Manager, AI Minner; City of Sebastian City Attorney, Rich Stringer; City of Fellsmere City Manager, Jason Nunemaker; City of Fellsmere City Attorney, Warren Dill and Town of Indian River Shores Town Manager, Robert Bradshaw. Mr. Vitunac felt that all the municipalities should be proud of the representation they had working on this agreement. He then showed in his presentation the five municipal boundaries of Indian River County from the mid 1990's and the boundaries as they are today (please see attached). He said that any city is allowed, under law, to undertake an annex procedure if they wish. After Fellsmere's annexation, staff began working on this Interlocal Agreement. Mr. Rich Stringer, City of Sebastian City Attorney, stated that the growth issues have been a focal point in Indian River County for the past seven or eight years. In the give and take on those issues Charter Government became a question and some of the cities who were less involved realized that Charter would affect all the cities. At that point, there were meetings of the Mayor's of each of the municipalities and they discussed a 2 06/19/08 Joint Special Call City Council new State Statute that allows Interlocal Service Agreements. They decided to initiate a process to try to come up with alternatives to Charter Government. Guidance was given by the local municipalities to have their staff work on an Interlocal Agreement. During this process a Stand Down Agreement was put in place, which meant that there would not be any annexations while Chapter 171 Part II Florida Statutes was being explored. Mr. Anthony Garganese, Town of Orchid Town Attorney, explained that State Statute Chapter 171 Part II was a new Statute that was adopted in 2006. The intent of this Statute is to encourage local governments to jointly determine how to provide services in the most efficient and effective manor while balancing the needs of the entire community. The Legislature provided a more flexible process for adjusting municipal boundaries to address a wide range of effects that annexation causes while they occur. The Legislature encouraged intergovernmental coordination in the planning level with respect to delivery of services and boundary adjustments by agreement. The Legislature also intended to reduce intergovernmental conflicts, to promote sensible boundaries, to reduce cost to local government, to avoid duplication of services and increase political transparency, and to prevent inefficient service delivery. Generally speaking, an Interlocal Service Boundary Agreement is a negotiating process. The process begins when an initiating Resolution is adopted, which was done by the City of Fellsmere, and it ends with an agreement or an impasse. If there is an impasse, the Legislation provides another process, which is the Governmental Dispute Resolution Act. If there is an agreement reached by all parties, the Statute requires that the agreement be implemented by Ordinance and by Comprehensive Plan amendments. He explained that the maximum term of this agreement is 20 years. He said that government agencies have to review the agreement periodically and make adjustments as necessary. Mrs. Sandra Bowden, Indian River County Commission Chair, asked how many successful agreements have been signed. Mr. Stringer reported that at the last Florida Municipal Attorney Association meeting, it was reported that one had been signed and another one was in the works. He said that took place about one year ago. Mr. Mike Zito, Indian River County Assistant Administrator, said that Sarasota was the first to engage in an Interlocal Agreement. Mrs. Bowden requested a copy of a signed Interlocal Agreement. Mr. Bob Keating, Indian River County Community Development Director, showed in his presentation, the Urban Service Area. He said the Urban Service Area was established by the County in its Comprehensive Plan in 1990 and functions both as an Urban Service Area and as an Urban Growth Boundary. He explained that the Urban Service Area was an important component of this Agreement. The purpose of an Urban Service Area is to identify the area where urban services will be provided. It is also to designate the area where urban growth will be allowed. The most significant purpose of an Urban Service Area is to limit urban sprawl_ It also has the benefit of protecting agriculture uses outside 3 06/19/08 Joint Special Call City Council the Urban Service Area and is designed to maintain the rural look outside the Urban Service Area. He showed in his presentation where the Urban Service Boundary is located. He explained that this includes the recent annexations of the City of Fellsmere. Currently inside the Urban Service Area there is a little more than 123,000 acres and outside the Urban Service Area there is almost 250,000 acres, but about 90,000 acres is conservation land. Mr. Tim McGarry, City of Vero Beach Planning and Development Director, explained that the Agreement establishes intergovernmental framework procedures and requirements for review and approval of changes in the Urban Service Area Boundary, changes in the density, height and land use of annexed areas both inside and outside the Urban Service Boundary including density and height changes proposed by the County outside the Urban Service Boundary. A major element of the Agreement is the Interlocal Service Agreement Map, which is Exhibit A. Basically, that depicts the boundaries of each municipality's future annexations. The Agreement also creates an Urban Services Advisory Committee (USAC) consisting of one representative from each municipality. This Committee would review most annexations, comprehensive plans, land use changes, etc. and makes recommendations to all six municipalities in the Agreement. He explained that. the Interlocal Agreement requires unanimous agreement by all six parties. It does provide exceptions from unanimous agreement, which are shown in Exhibits B and D. Mr. Gary Wheeler, Indian River County Commissioner, asked if they had a breakdown on the number of acreage inside the Urban Service Boundary. Mr. Vitunac said they have the information for each City. He explained that over the last two months the staff of each City and County was suppose to go over the proposed Agreement in detail -with their Elected Officials. Staff met last week and went over the feedback from the Elected Officials. At that meeting, they came up with three issues that were unresolved. Today's meeting was really for staff to get some direction from the elected officials on those issues. The three issues that they had were: 1) Annexation Reserve Area Boundaries, 2) LDR's for land recently annexed by Fellsmere and 3) LDR's for the 4,000 acre Sebastian Reserve Area outside the Urban Service Line. The boundaries shown on the map in his presentation was each city's choice of a reserve area. They were not bargained for with the other cities. They also were not blessed by staff as they felt it was a political decision. This is a major issue and staff needs direction from the elected officials. He then showed in his presentation the existing boundaries in the City of Vero Beach and their reserve area. Mr. Jim Gabbard, City of Vero Beach City Manager, explained that when they started this process, they were all trying to determine what the elected ofEcials wanted them to accomplish. So they tried to determine where they might be in the next 20 years. They received lots of feedback from their elected officials as well as from the public. There has been a lot of reporting of this by the media referring to their efforts in land grabs. He assured them that this was not the purpose. They were only trying to determine where they could logically annex and provide urban services. He then went over the City of 4 06/19/08 Joint Special Call City Council Vero Beach's existing service area for electric, water and sewer. Their justification for this area was that they are the ones who would best be able to provide services to the residents of that area. Mr. Keating did not have any objections with the City of Vero Beach's area. He felt that this was a good reasonable annexation area. Mrs. Bowden asked for an explanation on why they would want an Interlocal Agreement. She asked for a formula for the cost factor, not duplication of service, on how they would come up with services that you would be providing citizens in the new area more cost effective than are presently. She asked how they came to terms on the new services that they would have to provide when they expand their borders. Mr. Vitunac explained that the City of Vero Beach already provides service in virtually all of that area. There will be some areas that is in the City, but the County is providing one of the services, and vice versa. He said that they have such a good working relationship with the County that he hoped they could sit down and come to an agreement on who is best able to serve, how they would transfer assets, who pays for what, etc. He reminded everyone that this is not a land grab. In fact, the City could annex the land today without the County's permission. What the cities are doing is giving up rights to annex outside these boundaries. What they get for that is a say in the annexation policies of every other city and they would assist the County in keeping rural outside the Urban Service Area alive for the next 20 years. 1Vli-s. Bowden asked how the taxpayers would benefit. Mr. Vitunac said that he was only speaking for the City of Vero Beach. He reported that they recently enlisted an outside professional financial analysis to look over tax consequences for any annexations they would do in the future within this reserve area. So, before the City even proposes an annexation they will have a study showing exactly what the tax consequences would be. Mr. Gabbard explained that they also would have to go to referendum. Mrs. Bowden said every municipality has different rules that they operate under and the City of Vero Beach is very strict in what they do and a lot of what they do has to go to referendum. Mr. Zito explained that Chapter 171 Part II of the Florida Statutes contemplates specifically that the parties identify provision of all services. Mr. George Glenn, Indian River County Assistant Attorney, felt that it was contemplated when the annexations come in that there is a review available to the municipality and to the property owner. Therefore, he felt that the .agreement contemplates doing a cost benefit analysis at a later date. 5 06/19/08 Joint Special Call City Council Mr. Wheeler said what brought this about was the annexation by the City of Fellsmere. He said the City of Vero Beach has a Charter that if the City wants to raise height or density it has to go before the voters. He asked if any of the other municipalities has the same restrictions. Mr. Stringer said that the City of Sebastian does not. Mr. Jason Nunemaker, City of Fellsmere City Manager, said that the City of Fellsmere does not. Mr. Anthony Garganese said that the Town of Orchid does not. Mr. Robert Bradshaw, Town of Indian River Shores Town Manager, said that Indian River Shores does not. Ms. Dale Simchick, City of Sebastian Councilmember, said that her Council agreed to attend today's meeting only because services have not been discussed. She said that only the boundaries have been discussed and they can't get past the boundaries and this is one year later. She said that it does not make any sense to discuss services when they can't agree on the boundaries. Under the Florida Statute, there are seven plus services and one that was important to her was the water. She said that they are a long way from where they wanted to be on this Agreement. Mr. Vitunac said the choice of annexation areas was dependant in part on who could best provide the services. To get down to fine detail on water, sewer, etc., it would take forever and they need to make a decision quickly. If this Agreement is passed and they have a USAC Committee, good things will happen in all areas in due time. Mr. Peter O'Brien, Indian River County Commissioner, asked what is the southern boundary reserve area for the City of Vero Beach. Mr. Vitunac answered Eighth Street. Mr. O'Brien ;asked if that was an area where they currently have water and sewer available, but are not providing it. Mr. Gabbard said they have electric there, but the County provides water and sewer. In their discussions, they felt it would free up capacity for the County if the City of Vero Beach took over the water service in a particular area. Mr. O'Brien asked in the long-range plans for the City of Vero Beach's Wastewater Treatment Plant, does the Plant have the capacity to expand services. Mr. Gabbard said the Plant has some capacity now and they would factor that into any annexation plans. He said that they will not receive help from the State to move the Plant, but there is an idea to move the Plant off the river and expand their capacity within 6 06/19/08 Joint Special Call City Council the next 10 years. He reported that they would not extend their boundaries if they cannot provide service. Mr. Sal Neglia, Vice Mayor of the City of Sebastian, said that the City of Sebastian has not discussed the reserve area boundaries. Mr. Vitunac felt that it was time for the elected officials to let their staff know where the reserve area should be. Mayor White said the City of Vero Beach is not actively looking at annexing property. What they were doing was to protect their borders. He felt that it was important that they sit down and discuss the reserve areas. This is not a land grab. At this time, Mr. Vitunac showed the Town of Orchid's current boundary and their reserve area. Mr. Garganese said there were three general reasons why the Town selected the areas, which was that the area along 510 is Marsh Island, the area to the north is Windsor and the other area is considered "Old Orchid" and for historical purposes the Town may have some interest in annexing that area. Mr. Vitunac then showed Indian River Shores current boundary and their reserve area. Mr. Bradshaw explained that their reserve areas reflect requests from communities to the north who are requesting annexation. Mr. Vitunac said that there is a gap in the boundaries for the Town of Orchid. He reported that there is an exception in the rule that there can be gaps. This is the only one that he knows of and the gap is there because the Town of Orchid does not want to annex the land to the north. Mr. David Becker, Councilmember, Indian River Shores, said that no municipality is obligated to annex any of the areas in their reserve and in fact, annexation may not take place at all. It merely defines that if there is to be annexation in the future how it would come about and what areas are reserved for each municipality. At this time, Mr. Vitunac showed the City of Sebastian's current boundary and their reserve area. Mr. Stringer said the City of Sebastian and the City of Fellsmere are faced with a situation that the other municipalities are not, which is that the location of the Urban Service Area is against their borders. The problem that Sebastian faces is that they have no industrial base. Sebastian had originally planned and platted property behind City Hall as an industrial tract. But, the public purchased the property for a conservation area for the Scrub Jays. They had one other large industrial tract, which was north of their Airport and that property was also purchased as a conservation area for a Scrub Jay 7 06/19/08 Joint Special Call City Council r mitigation bank. Therefore, Sebastian has no industrial tracts. They are now looking at a community where they can live, but not work. They know long term they are going to need somewhere to have an employment base within their City to restore what the original planning of the community was built around. He said they know they are going to need to go south. He said that they did not ask for Roseland or Vero Lake Estates. It was requested that they not carve around those areas, that they include them within their reserve. He said that within the Urban Service Area are two golf courses that are large tracts that would not go into Sebastian. US 1 has businesses and a condominium that would not go into Sebastian. Most of the area to the south would be blocked. The one area that they hope to get to is toward the west of their southern boundary. They are trying to make that area the centerpiece for an employment center. He said that they went as far south as they could. He said that compared to the size of their existing City, up until the recent pull back by the larger cities, it is the most modest on a basis of overall acreage and percentage of current city limits. They based it on what makes good sense. Mr. Keating stated that the County had some general concerns regarding the size of the Sebastian reserve area, although the County does acknowledge that Sebastian has a reasonable desire to increase their commercial base. There is a significant amount of acreage in the reserve areas for both Sebastian and Fellsmere that is outside the Urban Service Area. Sebastian has 4,000 acres in their reserve area and outside the Urban Service Area. He said that the County has some concerns with the size, but they are mostly concerned with the Agreement as it is structured. He explained that the Agreement exempts Sebastian's reserve area from complying with the general rule that any annexed area has to get a unanimous consent by all parties in the Agreement. At this time, Mr. Vitunac showed the City of Sebastian's current .boundary and their reserve area. Mr. Nunemaker did not believe that Fellsmere was responsible for being where they are today. He felt that these were some political issues regarding property rights and economic development. He said that he was directed by his Council to keep an open mind with this Agreement and to be receptive. But, when it is discussed that Fellsmere was the cause, he felt that there were other issues that were responsible. He reminded everyone that since 2005, the City of Fellsmere has been requesting a joint planning agreement that would have set forth reserve areas. He said that this was not a new issue for them. It is something that they have been proactive with. He said that the area outside the existing boundaries should be reviewed in context with the existing City limits. In some respect they would be squaring off their borders and others are economic development opportunities. He said that they have been reduced about nine square miles since the introduction of their initiating Resolution. They also added Vero Lake Estates at the request of the County. In an act of good faith, the City of Fellsmere felt that they could look at Vero Lake Estates, which would require a vote. He said that there are other issues that they are looking at, such as water issues. He said that that these annexation areas are by no means inevitable, they are possible. 8 06/19/08 Joint Special Call City Council Mr. Keating said both the City of Fellsmere and the City of Sebastian have reserve areas outside the Urban Service Boundary. Fellsmere's reserve area is almost completely outside the Urban Service Boundary and the size of their reserve area is over 20,000 acres and the County is concerned with the size. He said that the County was not the only jurisdiction that has concerns with the size of the reserve area. He said that Fellsmere's reserve area should be reduced significantly. Mr. Nunemaker referred to the map from 1999 that was displayed earlier in today's meeting. He said that the entire City was outside the County's Urban Service Area. At that point nobody raised the point that the County needed to take into consideration the future of Fellsmere. Mr. Vitunac said at every meeting they had, the City of Vero Beach indicated their desire that the City of Fellsmere retract its reserve area. But, they are waiting for a Resolution from the elected officials. Mr. Bill Fish, City of Vero Beach City Councilmember, said that St. John's Water Management District has not been discussed. He asked if that could be annexed and if so, what is the implication of annexing land that they own. Mr. Nunemaker said that the land could be annexed, but they took them out because they felt it might cause some controversy. If that conversation came back up, he would recommend that they make it contingent upon the property remaining conservation land. Mr. Ken Daige, City of Vero Beach City Councilmember, asked Mr. Keating if they gave a recommended size reduction for the City of Fellsmere's reserve area as well as for the City of Sebastian's reserve area. Mr. Keating answered no. He said that they would like Fellsmere to cut their reserve area in half if not more. Their major concern with Sebastian is the exemption from the unanimous approval requirement. Ms. Simchick said from what she understands, the County has discrepancies with the City of Fellsmere and the City of Sebastian. She said that she attended the County Commission meeting and staff stated that they would like to go back to the table and discuss these problems. She said that the City of Sebastian was told that this was a roadblock. She said that the Sebastian City Council attended today's meeting not to hear the roadblock from staff, but to discuss the roadblock with the elected officials. If they cannot get past this, then they cannot go to the next step. Mr. Vitunac said that the second issue that needs resolved is the development regulations for the land annexed by Fellsmere. Mr. Nunemaker said the new- City policy was something that the County allows in the unincorporated area with certain provisions. He said that if the City of Fellsmere annexes land outside the reserve area, they could develop consistent with County guidelines- 9 06/19/08 Joint Special Call City Council From that, the County requested that the City of Fellsmere develop some guiding principles for the lands that recently came into the City. He said that Fellsmere felt that the level of specificity requested by the County was to the point of micromanaging the development. While in spirit they agree with the County's concerns, they cannot afford them the specificity that they requested. Mr. Keating said when they started this process Fellsmere was adamant that the areas they have already annexed would be off the table and that the Agreement would not have any influence at all on how those could be developed. Over time, Fellsmere agreed to come up with some standards that would define how those areas could be developed. The County has some objections to those standards. He said that this is a significant area and before the property was annexed it had a density of one unit per 10 acres. He said there is a concern on how that area is going to be developed. He said that there is nothing in the Agreement or in Exhibit E that states what the maximum density of those areas are. He knows that the annexation agreements limits the density to two units per acre, but those could be changed. He said one of the reasons the County has an Urban Service Boundary is to protect agriculture and the rural character to make sure that they do not get urban sprawl outside the Urban Service Area. For those reasons, the County has a lot of concerns regarding Fellsmere's development standards. Mr. Warren Dill, City of Fellsmere City Attorney, wanted to make it clear that when Fellsmere annexed the property they had a contract with the landowner. Therefore, there are certain restrictions as to what they can do with the property at this point in time. He said that they are not free to make all the changes that the County has been asking them to do. What was not discussed is that the Agreement restricts the City of Fellsmere in the size of development in the reserve area if it is ever annexed. He stated that they are obligated to develop that area at the same intensity as the County. Mr. Wheeler said what Mr. Dill said was accurate if this Agreement is adopted. He said that the Agreement is active for 20 years and after 20 years it could be developed. Mr. Dill said the Agreement also provides that it is reviewed every five years. He said that it could be extended at any time. Therefore, the 20-year window could be extended. Mr. Wheeler said they were looking for solutions to several problems. One problem is building heights. The City of Vero Beach and the County has a building height maximum. He did not know if the other municipalities have building height restrictions. He asked each municipality if they would be willing to put a question on the ballot of the upcoming election to see if their citizens would like to have a Charter similar to the City of Vero Beach to protect the building height. Mr. Minner, City of Sebastian City Manager, said that each municipality has rules that govern how they are going to grow and expand. He did not think it would be proper to put that into Charter form or a referendum form of government. He thought the purpose of today's meeting was to get the elected officials to begin discussions. He did believe that they were here today because of the annexations that Fellsmere started and because 10 06/19/08 Joint Special Call City Council there was a fear of Charter Government. He thought that they might be using Chapter 171 differently than what was intended. He felt that the intent was to control utility service issues. He would like to focus in on the fact that the City of Sebastian wants to maintain ability to control land development regulations the best way their elected officials sees fit. They are concerned that Charter would take away their ability to predict how they were going to look, what color to paint their buildings, etc. Mr. Wheeler said the Charter adopted by the County does none of those things mentioned. It specifically states that if there is a conflict between the County's Ordinance and a city's Ordinance, the city's Ordinance would take precedence. He said that Charter would not stop annexation. Height in Indian River County has become a rallying call. It is something that makes Indian River County unique up and down the entire east coast. He said that he wants to protect building heights. He felt that some of Mr. Minner's comments were reaching out too far. Mr. Minner said some of the comments that he made was reaching out. He felt that what is driving the train here is fear. He said the City of Sebastian does not have a Charter for height and density. They have land development regulations. He felt that it was important today to devise a plan to put a shell over the growth issue that they were all concerned about. Mr. Vitunac said the third issue to be resolved is the 4,000 acres in the City of Sebastian's reserve area. Mr. Keating showed in his presentation the County's objections to the City of Sebastian's development standards (please see attached). He said that the ISBA, as drafted, would exempt development in the Sebastian reserve area from the rule of unanimous agreement from all parties involved. Instead the City came up with development standards that would serve in lieu of unanimous requirements (Exhibit D). The County objects to the standards because the area is too large to allow it to be developed without the general rule of the Agreement. There is no overall provision for agricultural preservation in this reserve area. They also have objections to the specific standards that the City came up with. The City of Sebastian has three separate areas of different standards that are all within their reserve area. The County does not have any problems with the Western Employment Center (WEC), but their biggest concern is that they feel there should be a minimum acreage that this applies to. The second area of concern is the natural extension of Sebastian neighborhoods, which allows three units per acre and there are some standards that are not specific on how it would be developed. The County's objection is that their standards do not go far enough to ensure that this won't be a typical urban sprawl. Their last area of concern was the Sebastian Transitional Area_ This is a low density area, but not as low as the County's density. The County's density in the area of Sebastian's reserve is one unit per five acres and the City of Sebastian wants one unit per two acres. The County feels that this is not good and would represent urban sprawl. Mr. Springer said the Sebastian reserve area is largely outside the Urban Service Area. He said that they do not have any place for employment. He said that they looked at 11 06/19/08 Joint Special Call City Council going south. They looked at a western employment center that would be based around the intersection of Citrus Highway and possibly Winter Beach Road. They would look to have employment centers there, not retail. They would want it to be a 50/50 split between residential retail and job generating. He said that they can't do residential until they do commercial. Mayor White requested that the Councilmembers of each municipality receive a copy of Mr. Springer's document. Mr. Springer said the City of Fellsmere and the County are looking at their future development as being based upon village concepts. The City of Sebastian does not want a new town, they want to expand Sebastian as it grows naturally. Mayor White asked the elected officials of each municipality to think of the alternatives. He felt that they all would be sacrificing something, but they need to get this done. Mr. O'Brien felt that Section 15, Item B, of the Agreement was a Charter poison pill. He said that if the County ever initiates a Charter review process or citizen petition, etc., the Agreement would be null and void. He did not think that they could prohibit future Commissioners from considering that. He felt that this section should be taken out or at least be debated. 5. QUESTIONS & ANSWERS -Elected Officials Mayor Cadden thanked staff for the outstanding job they have done on this Agreement. He felt that it was a good starting document. Mr. Wheeler asked where they were with the Stand Down Agreement and if they extended it to October 2008. Mr. Vitunac said that they ran into a problem with the Stand Down Agreement. He explained that he suggested an extension of the date and nothing else. Then it ended up that in order to extend the date, they would have to give up some of their rights. Mr. Nunemaker said that the Stand Down Agreement is on their agenda for tonight and they are prepared to move forward with it. He said that he spoke with all the other municipalities and they are all prepared to move forward with it with the exception of the City of Vero Beach. Mr. Vitunac said the only reason the City of Vero Beach has not signed it was because they would be giving up their right to go to Chapter 164 Dispute Resolution if they don't reach an agreement on the ISBA. Mr. Glenn stated that the County approved a different version. In the initial Stand Down Agreement, what was recorded wasn't actually voted on by most of the municipalities in the County. That was why a simple extension wasn't sufficient. The County's new 12 06/19/08 Joint Special Call City Council version does waive Chapter 164. The City of Fellsmere agreed to approve the Stand Down Agreement, but only if they waive Chapter 164 and the County agreed. The City of Vero Beach has taken the position that it is not worth the tradeoff. Mr. Vitunac thought that the City of Sebastian agreed with the City of Vero Beach. Mr. Stringer said they were putting this on their agenda for Council's consideration. He felt that there was more protection within Chapter 164 than the extra three months of the Stand Down Agreement. Mr. Nunemaker reported that the City of Fellsmere's perspective on the Stand Down Agreement was that the aspects of Chapter 164 were redundant. He said that they were not going to waive rights regarding their severity of their existing lands. Mr. Vitunac suggested that they wait to see what the City of Sebastian does and if the City of Fellsmere agrees with it, he would bring it before the City of Vero Beach City Council. If they do not, then staff would meet again. Mayor White felt that the Stand Down Agreement was working the way it is and all they need is an extension to October 31, 2008. 6. COMMENTS BY THE PUBLIC Mr. John Williams quoted an expression "the road to hell is paved with good intentions." He felt that was exactly what is happening. He stated that there should have been a seat at today's meeting for the Mayor of Palm Bay because there is a close tie between Palm Bay and Fellsmere. He felt that this issue was about Fellsmere and that the Agreement was full of loopholes. 7. CLOSING COMMENTS BY ELECTED OFFICIALS Mr. Vitunac recommended that the staff who has been working on this Agreement be designated as a Committee. It was the consensus of the elected officials of each of the municipalities that the staff who has been working on the agreement be made a Committee and would work within the Sunshine Law. Mrs. Fromang felt that the vast number of annexations should be made smaller. Mr. Sabin Abell, Vice Mayor of the City of Vero Beach, said that some of his concerns were the annexation reserve areas, the size of different municipalities, etc. He said that he does have some real problems with some of this. Mayor White said that they would schedule another meeting and asked that the different municipalities to get the Stand Down Agreement signed. 13 06/19/08 Joint Special Call City Council 8. ADJOURNMENT Today's meeting adjourned at 12:05 p.m. /sp 14 06/19/08 Joint Special Call City Council O •~, e~ a~' a G~ E"~ ~~ ~ O O ~% ~ ~ ~~ ~ ~~ ~ ~ ~ ~ v ~~ ~ ~ U ~ o Z O ~ ~ c~ ~ c~ .~ O y O ~ ~ ~ ~ 0 ~ ~ ~° ~ ~ O L~ O U CC3 a~ as 0 a~ ~7 w 4~ O a ~I 0 i~~l ' ^' ~, ~ ~ '~ O y ~ N N ~ ~ U ,~ ~ ~ ~ r--~ ~ O s-a • ~-' ~ O ~' ~ ~ N Q ~ N • • a~ a~ w N c~ . ,~ c~ N N ~, U c~ O O O Q M • ~L/ . r...~ .~ T~ V 1 c~ a~ 0 a~ d ~1 ~~ 4~ `~' ~ ~ .~ ~ O ~ ~ ~ ~ ~/ o ~ ~ a~ a~ ~ ~ ~ ~ ~ ~ ~, ~ ~ •~ w ~ o . ,.., .~ ~~ . ~..~ U .~ V. 4; Q 4~ 4~ U 4~ . r....~ U 0 c~ N N N ~, O ,sue . r., c~ . r., '.d W 5 ~ ~ ~ ~ W ~' = _ = ~ ~ ~ i ~ ~ ~ ~~ ~e s ~ ~ ~ W ~ ~ zi ~ ~ ~ ~ ~~ ~ W ~ ~ ~ e ``-~' W ~`~' - ~ ~ l , _~ - a~~ a ~ ~ 11 ~ ~ r W 'fir d a W ~-~ ~ ~ ~ 4~ ~ = 'F ''r.. k ~ ~ ~ = W ~. _ - _ y. ~' ~' ~ ~ 4 '~ ~ ~ ~ Q - ~ W ~ ~~.. ~ J ~ W cn Y U ~ ~ ~ ~W/~ w ~ p J u f b ~ ~ ~ ~ B ~ O O ~ ~ ~ z J V/ N a W O J--~ .~ • ~~ • !~ V r~- r--+ ^^~l ~1J ~1/ 1~ o ~j ° o ~ ~ ~ '~~ II ~ ~ W J ' 4 4 ~ ~ G {66E ~ 6 {~ te a" ~~ ~ ~ ~ ~ W 'Y ~ -- i ~ _ J Q ~'~y U ` ~ ~ ~ ~ U ~ ~ . . ~ d w v ° z ~ ~ ~ ~~ ~~~~ .. __ ---- 417 o ~ __ _ _ __ Q ~ Q v r~ ~ ~ w ~ _ O ~ vi ~ ~ _ ~ ~~- o 'w' c`~ ~ t ~ ~ z ~ . , ~ ~: ~ ~ ~ ~ r~ W ~ ~ W ~ ~ U W m ~, ~ ° ~ ~ ~ a ~ o Q~ ~ ~ ~ w 3 ,, ~ Q ~ ~ g ~ C.1 f- ~~ ~ d W 4~ •,~ •,~ C~ C~ G~ 4~ 4~ rn w ~ _ ,~ W ~` d ~ 4 Q U] - d ~ W Q ~ M ~ ~~Y W U' m~ ~~ d -~~ II r-ti ~ n-~ ~ ~ ~ ~ ~ M ~ ~ } v ~ ~/~ S ~ W {3 d v ~' r.J OGb W~ = ~ ~"r,° Q ~ ,~ ~ ~ S = _~~ ~~r~, "• ~ ~ ~ ~ ~-- o o ~ y~~ ~~ ~~~ ~~ `~ 0 ~ ~ ~ W cn w '~ ~ ~ W ~~ ~ 0 ~ 4 ~ ~ ~'~~~ W ° a ~ o p ~ ~ ~ ~ ~..~ ~ ~ ~ ~ ~ iY ~ ~ 3 ~ 4 iD ~ w o ~ ~ u~ ~ ~ ~ _ ~ ~ ~ ¢ w ~ ~ ~_ ~ ~ ~ ~ II ~ _l a ,-. o o ~ ~ ~N v7 ~ ~ W ~ ~ M w~ ~ ~ ~ ~ ~ w v ~ O m ~ a m ~ o ~ ~ ~ } a ~ ~ _~ ~ ~ U F' 4 W 4~ O 4~ ~Q O r..~ 4~ O v a~ ~/1 ~~ ~, ^d e~ ~ ~ ~ ~ ~ w . r..~ • r~ •• r~ ~i/ V ^^~l ~J o ~] o c- iG ~7 t~ II ~ w ~ ~ ~~ te a" ~~ ~ ~ ~ m ~ ~ o ,r. 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