HomeMy WebLinkAbout06122013 MinutesSEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, JUNE 12, 2013 - 6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor McPartlan called the Regular Meeting to order at 6:30 p.m.
2. Invocation was given by Father John Morrissey, St. Sebastian Catholic Church.
3. The Pledge of Allegiance was led by Council Member Andrea Coy.
4. ROLL CALL
City Council Present:
Mayor Bob McPartlan
Vice -Mayor Don Wright
Council Member Jerome Adams
Council Member Andrea Coy
City Council Absent:
Council Member Jim Hill (excused)
City Staff Present:
City Manager, Al Minner
City Attorney, Robert Ginsburg
City Clerk, Sally Maio
Police Chief, Michelle Morris
MIS Senior Systems Analyst, Barbara Brooke -Reese
5. AGENDA MODIFICATIONS
Modifications and additions require unanimous vote of City Council members
Item 12 B Impact Fees had been withdrawn previously by the City Manager email (see
attached).
Mayor McPartlan requested addition of Resolution No. R -13 -14 to approve the 2013
MPO Apportionment Plan passed by the MPO Board in April, as consent item 7E. (see
email and backup documentation attached).
Mr. Adams requested removal of Item 7C for discussion.
There were no objections to any of the requested changes.
Regular City Council Meeting
June 12, 2013
Page Two
6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS
Presentations of proclamations, certificates and awards, and brief timely announcements by Council and
Staff. No public input or action under this heading.
13.087 A. Certificate of Appreciation to Scott Simpson - Parks and Recreation Advisory
Committee
Mayor McPartlan read and presented the certificate to Scott Simpson, congratulating
him for his time on Parks and Recreation.
13.091 B. Appreciation Award from Dave Wortmann, North County Veterans Advisory
Group for Memorial Brick Walkway Program
Mr. Wortmann and Chip Jamieson, North County Veterans Advisory Group, presented
an appreciation award to the City Manager for City workers' efforts on the delivery and
installation of the memorial brick walkway at the Veterans Memorial in Riverview Park.
Ms. Coy thanked the groups involved in the walkway, said it was their idea and they
followed through on the project. Mr. Wortman confirmed to her that so far 700 bricks had
been installed. Ms. Coy said this is a continuing project and there are other plans for the
memorial. She said people can obtain the application for bricks in the City Hall lobby,
Sebastian American Legion and VFW, and cost is $35.
C. Brief Announcements - None
7. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no
separate discussion of consent agenda items unless a member City Council so requests, in which event, the
item will be removed and acted upon separately. If a member of the public wishes to provide input on a
consent agenda item, he /she should request a Council Member to remove the item for discussion prior to
start of the meeting or by raising his/her hand to be recognized.
A. Approval of Minutes — May 22, 2013 Regular Meeting
13.092 B. Prior Approval for Any Member of City Council to Attend Florida League of Cities
Annual Conference at World Center Marriott Orlando — August 15 -17, 2013 (City
Clerk Transmittal)
13.093 C. Approved Expenditure of Police Department Forfeiture Funds in the Amount of
$1219.00 to Creative Product Sourcing, Inc. and $500.00 to Treasure Coast
Crime Stoppers (PD Transmittal, DARE Invoice, Memo and Letters of Support)
13.094 D. Resolution No. R -13 -12 — Amending R -01 -38 Which Changed the Name of
CR512 from Fellsmere Road to Sebastian Boulevard to Include Newly Annexed
Area (Community Development Transmittal, R- 13 -12, R- 01 -83)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
CHANGING THE NAME FOR COUNTY ROAD 512 WITHIN THE CITY LIMITS TO SEBASTIAN
BOULEVARD; PROVIDING FOR RETROACTIVE AND PROSPECTIVE EFFECT; PROVIDING
FOR AN EFFECTIVE DATE.
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Regular City Council Meeting
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Page Three
MOTION by Ms.
consent agenda.
Roll Call: Ayes:
Item C
Coy and SECOND by Mr. Wright to approve items A, B, D and E of the
McPartlan, Wright, Adams, Coy Nays: None Passed 4 -0 (Hill Absent)
Mr. Adams noted $1000 was given to Crime Stoppers last year and only $500 this year
and asked why. Chief Morris said they did not generate as much in forfeiture fees this
year.
MOTION by Mr. Adams and SECOND by Ms. Coy to approve item 7C.
Roll Call: Ayes: Wright, Adams, Coy, McPartlan Nays: None Passed 4 -0 (Hill Absent)
8. COMMITTEE REPORTS & APPOINTMENTS
City committee reports and Council Member regional committee reports. No public input or action except for
City committee member nominations and appointments under this heading.
Mr. Wright reported on a discussion at the Chamber of Commerce Board Meeting to
consider asking the Economic Development Council to support the Sebastian request to
MPO to slow speed limit on US 1 through the business corridor, and asked Council if this
is something they want to see agendized for EDC, and then inquired of the City Attorney
whether he is within guidelines of sunshine in making this request.
The City Attorney said as long as all the discussions take place at noticed public
meetings it is fine.
Mr. Wright said the EDC agenda goes together tomorrow and he would have to move
quickly, stating the speed limit is an important economic development element. It was
the consensus of Council to proceed to EDC.
Mayor McPartlan said he was unable to attend the July 10th MPO meeting and asked for
an alternate. Vice Mayor Wright said he could attend.
Mr. Adams reported that at the last Treasure Coast Council of Local Goverments
meeting it was discussed that Governor Scott had vetoed a $2M Indian River Lagoon
cleanup funding request, and TCCLG was not pleased. He said they are looking at
sending letters to Governor Scott to say how important the lagoon is to this region and
asked if the Council was interested.
Ms. Coy suggested starting with the Natural Resources Board and have them report to
Council.
Mr. Wright said there were comments made on this issue at the Press Journal forum on
the lagoon and the rationale for why it was vetoed was that it was thought the money
should be coming from the water management districts, and was supported by
Representative Mayfield to put it in the St. Johns River Water Management District
budget, and it is clear that both South Florida Water Management District and St. Johns
Water Management Districts are being held responsible for funding. He suggested Mr.
Adams speak to Representative Mayfield before sending a letter. He said he has a
meeting with SJRWMD coming up, and their position is starting to change. He said he
has shared emails with Troy Rice, with the Indian River Lagoon Estuary Program, and
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Regular City Council Meeting
June 12, 2013
Page Four
he understands how critical it is. He said it is a huge problem with huge costs, that he
goes to all the seminars and meetings, and will keep everyone advised.
Ms. Coy said it is kind of unanimous that as a Council we need to do something as soon
as feasibly possible, but it is the "what to do" that is hard to know.
9. PUBLIC HEARINGS
13.015 A. Second Reading, Public Hearing and Final Adoption of Ordinance No. 0 -13 -03 —
Solid Waste Collection Franchise Agreement (City Manager Transmittal City
Manager Transmittal, Revised 0- 13 -03)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, GRANTNG AN EXCLUSIVE
FRANCHISE FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION TO WASTE
MANAGEMENT, INC. OF FLORIDA; PROVIDING FOR SUNSET OF EXISTING COMMERCIAL
PROVIDERS; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. (1s` Reading, 5/22113, PJ
Ad 5/29/13)
Mayor McPartlan opened the public hearing at 6:52 p.m. and the City Attorney read
Ordinance No. 0 -13 -03 by title.
The City Manager said this wraps up the franchise agreement process with Waste
Management, outlined the process leading up tonight's action to finalize the agreement.
He highlighted the revisions from first reading, in response to requests from Council,
clarifications, correction of typos and insertion of language, moving rates to the end of
the agreement as an exhibit, and recommended approval.
Ben Hocker, Sebastian, asked if the 6% franchise fee is built into the rates listed. The
City Manager said the residential rate was $10.55 at proposal and is $11.18 as listed in
the exhibit and that amount includes the 6% franchise fee.
Mr. Hocker questioned the automatic annual 3% increases in the agreement and Mr.
Wright responded they would be CPI adjustments and can increase or decrease and not
unusual in this type of agreement. Ms. Coy said she could recall only one increase.
The City Manager said CPI increase is a reasonable issue.
Mayor McPartlan closed the public hearing.
MOTION by Mr. Wright and SECOND by Ms. Coy to adopt Ordinance No. 0 -13 -03 as
amended.
Before the roll call was completed, Ms. Coy requested to ask a couple of questions.
Ms. Coy asked about yard trash removal and the City Manager read from provisions on
yard trash. She asked about ongoing problems of trucks not arriving in the Doctor
Avenue area, near the Bewersdorf residence. The City Manager said these issues are
being resolved. Mr. Geletko confirmed for her that the solar park containers will be the
pairs with trash and recycling compactors side by side.
Roll Call: Ayes: Adams, Coy, McPartlan, Wright Nays: None Passed: 4 -0 (Hill Absent)
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George Geletko, Waste Management, introduced Waste Management staff, Dena
Reider- Hicks, Public Affairs Manager, Michael Lewis, Senior District Manager, and Bob
Delacruz, Local Site Manager, who were seated in the audience and then gave a
comprehensive Power Point presentation (see attached to minutes), on strict worker
training and testing, commitment to CNG trucks and facility, City park solar compactors,
bagsters, the Program Waste Watch, and timeline for the transition and green initiative
kickoff media events (the Power Point with transition time lines will be aired on Channel
25 slides).
Following the presentation, Michael Lewis, Senior District Manager for Brevard and
Indian River Counties, reported on the Waste Watch program camera system which
records activity within and outside cabs and can assist local law enforcement, and on-
board GPS and customer tracking computer systems. In response to Ms. Coy, Mr. Lewis
said the computer system sequences the routes for drivers and will highlight any misses.
Mr. Wright said he was pleased to have them back and optimistic the next ten years witll
go as smoothly as the last ten years.
10. UNFINISHED BUSINESS - None
11. PUBLIC INPUT
Sal Neglia, Sebastian, expressed concern for a Mulligan's golf cart running along Indian
River Drive, walkway, and Cavcorp, with no lights or registration; for advertisements on
vehicles parked on public property for the Gator airboat, and para - sailing based at
Captain Hirams. He spoke about being at the riverfront and seeing Teddy Hulse and
women from the Sebastian Junior Womens Club cleaning the Kroegel statue and the
plaque on the former City Clerk's bench, and said they routinely take care of these
things and we should acknowledge the things they do with some type of recognition.
Ms. Coy said she would be happy to spearhead some type of recognition for the GFWC.
She also expressed concern about the golf cart and said she had spoken to them, that
people are taking liberties and that we need to tighten up on people using the roadways
inappropriately.
12. NEW BUSINESS
13.095 A. Consider Open Burn Request from Jane Schnee (City Manager Transmittal)
62 -65
The City Manager said section 42 of Code of Ordinances requires open burn requests to
come before Council, the purpose of the requested burn is to remove scrub, and staff
does not recommend approval of the burn due to the location of the property. He said he
has spoken to both Ms. Schnee and Forest Service, and had received some complaints
about the planned burn. He said he thought it did not meet the litmus test on criteria in
the City code.
Jane Schnee gave some background on her land purchase in August of 2011 to save
scrub habitat, scrub jays, gopher tortoises and is now doing scrub restoration by removal
of Brazilian peppers and pine trees, and has been encouraged by many agencies to do
a prescribed burn which is necessary to maintain scrub habitat.
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She said she had copies of the Sebastian fire code, and FS 590.125 which provides for
three different types of burning, non - certified burning, certified prescribed burning which
is what she wants to do, and wildfire hazard reduction. She said she assumed she could
do the burn because Sebastian's code did not list prescribed burns and thought by virtue
of its absence it would be allowed.
Trish Adams, US Fish and Wildlife Service, discussed how important this property is to
the overall scheme of scrub jay federal protection, citing the City's approved incidental
take permit from the 1990s to allow residential development in the highlands because of
the purchase of several large parcels dedicated to scrub jay habitat. She said the scrub
jays in this habitat are genetically unique and run in an area generally along the railroad
tracks on the Atlantic Coastal Ridge from Palm Bay to the north and St. Lucie County to
the south and they are decreasing due to lack of fire. She encouraged Council to allow
Jane to implement her burn plan.
Tim Towles, Florida Fish and Wildlife Conservation Agency, said Ms. Schnee came to
them for assistance, she has cleared exotics, but needs to do a prescribed burn, which
he said is important in maintaining the scrub ecosystem, which requires low habitat
preferred by scrub jays and open land for gopher tortoises. He said there is no other
alternative to the prescribed burn to maintain the habitat and hoped Council would
recognize that this is a land management tool.
In response to Mr. Wright, Mr. Towle said burns should be conducted maybe every ten
years, but initially they would do just three acres and the rest down the road, noting there
are only seven acres of burnable land on this property and there is one pair of scrub
jays.
Dale Armstrong, Florida Forestry Service, said scrub habitats are designed to have fire
perpetuate them and it is a key component to the ecosystem. He said this burn would
happen once every ten years and for one day, or in smaller portions to hold back smoke
concerns. He said wind direction and relative humidity will be considered when selecting
the right time. He said a prescribed burn is not addressed in the City Code because it is
not a land clearing operation, he had heard of three complaints to the plan, and said
some adjacent property owners were all for it, and it may alleviate future wildfires. He
exhibited where the smoke impacts will most likely be on the overhead, said they are
very serious about smoke impacts and will notify homeowners at least 24 hours in
advance. In response to Mr. Wright he said the burn would occur anytime after 10 am,
perhaps around 11 am when heat will build and lift the smoke better, and the operation
would take about two to three hours.
Mr. Wright said there are concerns about health and the possibility of the fire getting out
of control, and Mr. Armstrong makes it sound simple to control. He asked about safety
procedures and how neighbors can be convinced. Mr. Armstrong said units would be
sent in to do mop ups to extinguish any remaining fire, showed them that the direction of
the fire would meet with asphalt and bahia grass on the perimeter, there will be a plow
line, and type six engine brush truck on -site.
In response to Mr. McPartlan, who asked how much other private property they have
burned, Mr. Towle described only other public properties and some ranch lands.
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Ms. Coy said this property was rescued from development, and Ms. Schnee spent
$100K to buy it to save it for scrub jays, which are extraordinarily important and the
public needs to know that her personal money went into this.
The City Manager said this is still multi - family zoning and not a conservation easement.
Ms. Schnee cited the high cost of changing it to a conservation easement.
Mayor McPartlan said he was concerned about smoke and the embers that may go up
and into residential properties, and he is worried about those property owners.
Mr. Armstrong said they have contingency plans if the weather changes and typically
with this type of fire, you don't get the embers that lift. Mayor McPartlan asked if the
Indian River County Fire Chief is out there during the burn. Mr. Armstrong said there are
two brush trucks and a dozer.
Ms. Schnee noted that during the winter months she smells smoke from backyard fire
pits and this is only part of one day where people would smell smoke, that some people
on Bristol are all for it, and she wants to talk to the people in Palm Lake to get this
cleared up. She invited anyone to take a half hour walk with her and she would show
them scrub jay families.
Mr. Adams said he was glad to hear precautions are being considered and how safe it
can be to do, but still had concerns about proximity of homes, and could not shake it. Mr.
Armstrong said we could do a small demo burn.
Mr. Wright said he thought this was a simple project, that growth is not that high and
would be burning mostly weeds, the potential for it to get out of control with their
expertise is almost nothing. He said it is unique that we have this population of birds,
and with satisfying the obligation to neighbors to find out this is not a haphazard
operation, we should allow it.
Mr. Adams asked if there were any alternatives to this. The City Manager said the
Habitat Conservation Plan states burning is best, but chopping is an option in this case,
he did not disagree with anything stated, but staff feels that it is small and urban and is
not a conservation property and completely surrounded by residences, and the HCP
never took this into consideration as a polygon and was not a targeted area. He said Ms.
Schnee, to her credit, took this on and council is put in a place to weigh protection of
scrub habitat versus the safety of those around it. He posed the question, because
timber has been taken out do we really need to burn at this time, that the City could help
with chopping but gopher tortoise would be affected. He said staff is erring on the
conservative side but Council is the ultimate authority for an open burn.
The City Attorney said both the State and City have burn provisions, and with regard to
"prescribed burn" in State law, advised there needs to be a "prescription ", a written plan
they could look at to decide whether or not to approve.
Mr. Armstrong said he has started the plan and map, as certified burner he would have
to create a plan. The City Attorney said the plan was not in Council's packet and asked
when it will be completed. Mr. Armstrong said it could be completed by the end of the
week. He confirmed to the City Manager that this burn would take place in fall or winter
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if approved and the City Manager suggested a stipulation that he submit a plan 30 days
prior to the scheduled burn for review.
Mayor McPartlan said he would want to see the plan before he fully voted on it.
The City Attorney clarified the "prescription" is the manner in which the burn will be
conducted.
Mr. Wright asked Mayor McPartlan, in the interest of fairness to everyone, if the Mayor
were satisfied with the submitted plan, would he approve it. Mr. Wright said he was
trying to figure out logistics and would like to see Ms. Schnee go to the property owners
to alleviate their concerns. He said he felt comfortable that these are professionals.
Ms. Coy agreed there are professionals in place, she would like to see the maximum
number of notifications to residents as possible, said we have had prescribed burns in
area, and the day will come when lightening strikes that property and this can protect the
neighbors from that. She said she would like more information, and we are probably
looking at a two -two vote tonight.
Mayor McPartlan asked where the Fire Chief was on this, and said he would like his
opinion, and if the Fire Chief says good, he could go ahead. The City Manager said staff
talked to the Fire Department and they gave no response.
Mr. Wright suggested the applicants talk to the Fire Chief, and then provide Council with
a burn plan and additional information. There was no objection from Council to this idea.
*13.097 B. Impact Fees (Requested at 5 -22 -13 Meetinq by Vice Mayor Wright)
This item had been previously removed by the City Manager prior to the meeting
(see City Manager email attached).
13. CITY ATTORNEY MATTERS
13.088 A. Litigation Update (City Attorney Memo)
The City Attorney presented his corrected report to City Council, which he said, will be
provided three times per year.
14. CITY MANAGER MATTERS
The City Manager reported the Clambake Foundation had approved the City's request
for a $15K grant to begin work on the Working Waterfront museum. He said he and the
Community Development Director will go before Florida Inland Navigation District on
June 22nd on the FIND grant request for the fish house.
He announced Anjani Cirillo had advised him the Clambake slogan will be "Don't Worry,
Be Clammy"
15. CITY CLERK MATTERS - None.
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Regular City Council Meeting
June 12, 2013
Page Nine
16. CITY COUNCIL MATTERS
13.096 A. Charter Officer Evaluations (Clerk Transmittal)
Mayor McPartlan said he had completed his evaluations but had not sat down with the
officers, said they have all done a tremendous job, and said there is no money for
increases, though he wished there was.
Mr. Wright said he typically does not do written evaluations, works with each of them
every day, and would rate all as superior to excellent, noting for the first time in years we
are in a situation where taxes didn't decrease, that through the past years of concern the
City has functioned fairly well, and all need to be commended to getting us to where we
are today.
Ms. Coy said she did a written narrative this year, all three have read and acknowledged,
gave all of them a big thank you for outstanding service, said she appreciates the hard
work, and as soon as we can give other staff a raise, she'd recommend they get a raise.
Mr. Adams said this is his first year on Council, it has been a short period, said it has
been a pleasure, he has learned a lot, had nothing but good things to say and each is
doing a fantastic job.
B. Vice Mayor Wright - None
C. Council Member Adams - None
D. Council Member Cov - None
E. Council Member Hill - None
F. Mayor McPartlan - None
17. Being no further business, Mayor McPartlan adjourned the Regular Meeting at 8:50 pm.
Approved at the June 26, 3 Re ular Council Meeting.
Bob McPartlan, Mayor
Attest.•
a` J
Sally A. Maio, 71 City clerk
0
Page 1 of 1
Sally Maio
From: Alfred Minner
Sent: Tuesday, June 11, 2013 8:28 AM
To: Sally Maio; Adam Neal; Andrea Coy; Bob McPartlan; Chris McCarthy; Chuck Mechling; Damian
Gilliams; Debbie Carson; Dept Heads; Don Wright; Donna Keys; Ed Bierschenk; Ed Herlihy; Ella
Chabot - Remington; jamdway @comcast.net; Janet Begley; Jerome Adams; Jess Roland; Jim Hill; Joe
Scozzari; Lisa Zahner; Michael Goodfellow; Robin Johnston; Seth Goldsmith
Subject: RE: Impact Fee Backup from CM.pdf
Council Members,
I have asked Sally to pull from Wednesday's agenda the item on Recreation Impact Fee discussion.
Don Wright spoke with me about this item yesterday and said it was his wish to have Council discuss this
matter after the Indian River County Board of County Commissioners resolves this matter. IRC BOC will
be discussing impact fees today, but that item is for public input only. It will not be until later this summer
that the County will take official action on this matter. At that time, Sally and I will place a discussion for
Recreation Impact Fee suspension on your agenda.
Please let me know if you have any questions on this matter.
AI Minner
City Manager
City of Sebastian
From: Sally Maio
Sent: Tuesday, June 11, 2013 8:10 AM
To: Adam Neal; Andrea Coy; Bob McPartlan; Chris McCarthy; Chuck Mechling; Damian Gilliams; Debbie
Carson; Dept Heads; Don Wright; Donna Keys; Ed Bierschenk; Ed Herlihy; Ella Chabot - Remington;
jamdway @comcast.net; Janet Begley; Jerome Adams; Jess Roland; Jim Hill; Joe Scozzari; Lisa Zahner;
Michael Goodfellow; Robin Johnston; Seth Goldsmith
Subject: Impact Fee Backup from CM.pdf
For those of you who routinely receive Sebastian City Council agenda packets, this backup for the item
on impact fees on the June 12th agenda was sent out after the packet was emailed.
Sally
6/14/2013
Page 1 of 1
Sally Maio
From: Sally Maio
Sent: Wednesday, June 12, 2013 1:27 PM
To: Adam Neal; Andrea Coy; Bob McPartlan; Chris McCarthy; Chuck Mechling; Damian Gilliams;
Debbie Carson; Dept Heads; Don Wright; Donna Keys; Ed Bierschenk; Ed Herlihy; Ella Chabot -
Remington; jamdway @comcast.net; Janet Begley; Jerome Adams; Jess Roland; Jim Hill; Joe
Scozzari; Lisa Zahner; Michael Goodfellow; Robin Johnston; Seth Goldsmith
Cc: Jeanette Williams; Jean Tarbell; 'Sharon Schalm'; 'Phil Matson'
Subject: R -13 -14 MPO Apportionment Plan - Add to 6 -12 -13 (2).pdf
Attachments: R -13 -14 MPO Apportionment Plan - Add to 6 -12 -13 (2).pdf
Council -
Attached please find City of Sebastian draft Resolution R -13 -14 with the 2013 MPO Apportionment Plan
attached.
The City Manager will request that R -13 -14 be added to tonight's agenda for Council consideration and
adoption.
We received a call from the IRC MPO office this morning asking if City Council had adopted the
requested resolution. They said they had mailed out a request in April to each of the IRC municipalities
and had received all of the adopted resolutions except Sebastian's. We did not find that correspondence
from them in our records or that any action had been taken on the issue. Sharon Schalm then emailed me
the proposed resolution language, the 2013 apportionment plan adopted by the MPO in April, and later a
copy of the letter that was sent.
I drafted the resolution and the City Manager will request that you add it to the agenda tonight. Your
support of the resolution would confirm that you agree with the MPO's vote on the 2013 apportionment
plan to retain the existing twelve voting members of the MPO Board. Approval by all governing bodies
within the county is a State Statute requirement.
If added to the agenda and adopted, I will send three certified copies of the resolution to Sharon tomorrow
in time for their deadline to the State. Perhaps Mayor McPartlan or Ms. Coy could answer any questions
you may have tonight since MPO Board already adopted the plan.
Sally
6/12/2013
RESOLUTION NO. R -13 -14
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, ACCEPTING THE 2013 APPORTIONMENT PLAN OF THE INDIAN
RIVER COUNTY METROPOLITAN PLANNING ORGANIZATION;
PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, the Indian River County Metropolitan Planning Organization (MPO) was
established pursuant to an interlocal agreement executed on April 12, 1993, and fled with the
Cleric of the Circuit Court of Indian River County; and
WHEREAS, the Indian River County MPO is the designated and constituted body
responsible for urban transportation planning and programming for the Sebastian/Vero Beach
Urbanized Area; and
WHEREAS, pursuant to Section 339.175(3)(a), Florida Statutes, the Indian River County
MPO adopted an apportionment plan in 2003 which defined the current voting membership of
the MPO Board; and
WHEREAS, State Statute requires the Governor to review the membership composition
of each MPO in conjunction with the decennial census and to apportion it as necessary to
comply with State and Federal requirements; and
WHEREAS, the MPO prepared a 2013 apportionment plan which reflects changes
indentified in the 2010 census; and
WHEREAS, the MPO, at its April 10, 2013, meeting, approved its 2013 apportionment
plan which recommends retaining the MPO's existing twelve voting member Board; and
WHEREAS, pursuant to State requirements, each general purpose local government
within the MPO area shall accept or reject the MPO's 2013 apportionment plan by resolution;
and
WHEREAS, Federal law requires the designation of MPO's to be accomplished between
the Governor and affected local governments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA as follows:
Section 1. That the City Council of the City of Sebastian hereby accepts the MPO's
2013 apportionment plan which provides for a twelve voting member MPO Board; and
Section 2. That three originals or certified copies of this resolution will be provided to
the Indian River County MPO.
Section 3. This Resolution shall take effect upon its adoption.
The foregoing Resolution was moved for adoption by
seconded by , and upon, being put to a vote, the vote was as
follows:
Mayor Bob McPartlan
Vice Mayor Don Wright
Council Member Jerome Adams
Council Member Andrea Coy
Council Member Jim Hill
The Mayor thereupon declared this Resolution duly passed and adopted this day
of 2013.
CITY OF SEBASTIAN, FLORIDA
Bv:
Bob McPartlan, Mayor
ATTEST:
Sally A. Maio, MMC
City Clerk
State of Florida
County of Indian River
1 HEREBY CERTIFY that on this day, before me, an officer authorized in this State and
County to take acknowledgements, personally appeared,
and as Mayor of the City of Sebastian, and City Clerk,
respectively, to me known to be the persons described in and who executed the foregoing
instrument and they acknowledged before me that they executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this day
of 2013.
NOTARY PUBLIC
Signature
SEAL
Approved as to Form and Content for
Reliance by the City of Sebastian Only:
Robert A. Ginsburg, City Attorney
2
INDIAN RIVER COUNTY
METROPOLITAN PLANNING ORGANIZATION
2013 APPORTIONMENT PLAN
INTRODUCTION
According to 1990 Census data, the City of Vero Beach and the densely populated land
surrounding the City had a population that in 1990, exceeded 50,000. Consistent with federal
regulations, the Greater Vero Beach area was then designated as a Census urbanized area. With
a total population of 64,707 in 1990, the urbanized area included three general-purpose local
governments. Those were: the City of Vero Beach, the Town of Indian River Shores, and the
Board of County Commissioners (unincorporated area). As a result, the Indian River County
WO was formed in 1993 with a nine -member board consisting of members from the cities of
Vero Beach and Sebastian, the Town of Indian River Shores, and Unincorporated Indian River
County.
By 1999, the population of Unincorporated Indian River County and the City of Sebastian had
grown substantially, while other areas of the County experienced more moderate growth. As a
result, the MPO Board structure was changed to include an additional Indian River County
Board of County Commissioners representative and a second City of Sebastian representative.
In 2003, an Indian River County School Board member was added to the Governing Board. That
action did not affect proportional representation on the board by geographic area, since the
School District represents all residents of Indian River County.
Most recently, the urbanized area of Indian River County changed yet again as a result of the
2010 census. Therefore, the MPO must once again evaluate its existing membership and
determine what changes, if any, must be made to accurately reflect proportional representation
for all jurisdictions within Indian River County.
In Indian River County, the five incorporated areas are: the City of Vero Beach, the City of
Sebastian, the Town of Indian River Shores, the City of Fellsmere, and the Town of Orchid. Of
those, the City of Sebastian is the largest. With a 2010 population of only 415, the Town of
Orchid is the smallest. Table 1 identifies 1990, 2000, and 2010 populations for the county and
each of the municipalities.
Besides population size, there are other differences among the county's municipalities. Probably
the most significant are geography and affluence. Both the Town of Orchid and the Town of
Indian River Shores are located entirely on the barrier island. Those communities have limited
transportation facilities within their jurisdictions. In fact, SR Al A is the only state maintained
roadway within the two communities. Both towns are predominately residential, with only
minor retail commercial uses, and both have affluent residents and high median family incomes.
Vero Beach is the most diverse municipality in Indian River County. Including both mainland
and banner island areas, Vero Beach has significant residential and non - residential areas.
Various state roads (SR 60, SR AIA, US 1), non -state arterials, public transportation, a public
use airport, and the FEC railroad constitute the major components of the transportation system
within the City.
Both Sebastian and Fellsmere are completely located on the mainland. Fronting on the Indian
River Lagoon, Sebastian is the larger of the two and has a public use airport and a portion of US
I within its boundaries, while Fellsmere, which is the only municipality located west of I -95,
recently annexed areas along CR 512 up to and past the I -95 interchange. Currently, both
communities are served by public transportation.
TABLE 1
Indian River County
Population Estimates
5oarm U.S. DepartmentofCommerce, Bureau of the Comm
WO PLANNING AREA BOUNDARIES
As per the requirements of 23 USC 134(c) and 23 CFR 450.308, the metropolitan planning (PL)
area shall at a minimum include the existing urbanized area and the area expected to become
urbanized within twenty years. According to federal regulations, the PL area may include all or
part of a county. When the MPO was created in 1993, the metropolitan (PL) area boundary was
established pursuant to those requirements. Later, that boundary was adjusted to reflect changes
to the urbanized area resulting from the 2000 Census.
Most recently, the U.S. Census Bureau redefined urbanized area boundaries throughout the
country in light of the 2010 Census. In Indian River County, the Sebastian/Vero Beach
urbanized area (officially known as the Sebastian/Vero Beach South/Florida Ridge urbanized
area) expanded in a few locations, but is similar to the 2000 WO planning area. The three
major expansions to the urbanized area since 2000 include Vero Lake Estates in northern Indian
River County; the area between 58th Avenue and 66th Avenue in central Indian River County;
and the Oslo Corridor between 43rd avenue and 58th Avenue in southern Indian River County.
It should be noted that, as in 2000, the 2010 urbanized area is not confined solely to Indian River
County. Two small portions of the Sebastian/Vero Beach urbanized area are actually located
outside of Indian River County, in Brevard County and St. Lucie County, respectively. Those
two areas are contiguous to the Indian River County MPO's planning area and are located within
the current metropolitan planning areas for the Space Coast and St. Lucie TPOs, respectively.
0A
1990 Census
Population %
2000 Census
Population
%
2010 Census
Population %
Indian River County
90,208
100%
112,947
100%
138,028
1040/0
Unincorporated
58,175
64.5%
71,660
63.4%
91,366
66.2%
City of Vero Beach
17,360
19.2%
17,705
15.7%
15,220
11.0%
City of Sebastian
10,206
11.3%
16,181
14.3%
21,929
15.9%
Town of Indian
River Shores
2,278
2,5%
3,448
3.1%
3,901
2.8%
City of Fellsmere
2,179
2.4%
3,813
3A%
5,197
3.8%
Town of Orchid
10
0.01%
140
0.1%
415
0.3%
5oarm U.S. DepartmentofCommerce, Bureau of the Comm
WO PLANNING AREA BOUNDARIES
As per the requirements of 23 USC 134(c) and 23 CFR 450.308, the metropolitan planning (PL)
area shall at a minimum include the existing urbanized area and the area expected to become
urbanized within twenty years. According to federal regulations, the PL area may include all or
part of a county. When the MPO was created in 1993, the metropolitan (PL) area boundary was
established pursuant to those requirements. Later, that boundary was adjusted to reflect changes
to the urbanized area resulting from the 2000 Census.
Most recently, the U.S. Census Bureau redefined urbanized area boundaries throughout the
country in light of the 2010 Census. In Indian River County, the Sebastian/Vero Beach
urbanized area (officially known as the Sebastian/Vero Beach South/Florida Ridge urbanized
area) expanded in a few locations, but is similar to the 2000 WO planning area. The three
major expansions to the urbanized area since 2000 include Vero Lake Estates in northern Indian
River County; the area between 58th Avenue and 66th Avenue in central Indian River County;
and the Oslo Corridor between 43rd avenue and 58th Avenue in southern Indian River County.
It should be noted that, as in 2000, the 2010 urbanized area is not confined solely to Indian River
County. Two small portions of the Sebastian/Vero Beach urbanized area are actually located
outside of Indian River County, in Brevard County and St. Lucie County, respectively. Those
two areas are contiguous to the Indian River County MPO's planning area and are located within
the current metropolitan planning areas for the Space Coast and St. Lucie TPOs, respectively.
0A
Even though portions of the SebastianfVero Beach urbanized area are located in Brevard and St.
Lucie Counties, those areas interact more with their home county than with Indian River County.
That fact, coupled with the difficulties of administering a multi- county, multi-FDOT District
MPO, provides a basis for limiting the MPO's planning area to the portion of the Sebastian/Vero
Beach urbanized area located within Indian River County and having those portions of the
urbanized area located outside the county remain within the corresponding planning areas of the
Space Coast and St. Lucie TPOs. Through ongoing regional coordination efforts, MPO staff
determined that this is also the position of the Space Coast and St. Lucie TPOs.
Depicted in Figure 1, the 2010 MPO Boundary encompasses the easternmost portion of the
county, comprising approximately 25 percent of the county's land area. While the MPO area
incorporates only 25 percent of the county's land area, it includes virtually all of the county's
population, since most of the land outside of the metropolitan area boundary is undeveloped
marshland, agricultural land, or conservation/natural land.
Figure 1. 2010 MPO Boundary
Indian River County MPO
0 0 ff t ITi. =r y
Legend
MPO Bwmtlary 2010
MPO Boundary 2000
�2!
S
i
$
to
:.
t0{A1XROAO
/
•� BOND.
Legend
MPO Bwmtlary 2010
MPO Boundary 2000
3
i . rrk to SW `LA
r�
fi
3
APPORTIONMENT
1993 APPORTIONMENT PLAN
Section 339.175, Florida Statutes, identifies MPO apportionment requirements. Of those
requirements, the three most important are: the size requirement; the proportionality
requirement; and the requirement that (with minor exceptions) only elected officials of general
purpose local governments may serve on the MPO Policy Board.
When the Indian River County MPO was formed in 1993, an apportionment plan was developed
in accordance with Section 339.175, F.S. The development of the apportionment plan involved
an alternatives analysis regarding the number and geographic distribution of the MPO Board
members_ In order to provide for a manageable governing body in relation to the relatively small
population included within the MPO area, alternatives were considered which limited the size of
the MPO Policy Board to 7, 8, or 9 members. In the assessment of board membership
alternatives, a major consideration was the proportionality requirement. From a proportionality
perspective, the most equitable alternative in terms of population and geographic representation
was found to be the nine member option.
The nine member option, which was subsequently adopted, consisted of an MPO Policy Board
with four County Commissioners, two members of the Vero Beach City Council, one member of
the Sebastian City Council, one member of the Fellsmere City Council, and one member of the
Indian River Shores Town Council- Besides those voting members, three nonvoting members
were appointed to the MPO Board Those were representatives of the Town of Orchid, the
Indian River County School District (IRCSD), and the Florida Department of Transportation
(FDOT) District Four. With this option, the unincorporated county representation (based upon
the four County Commission representatives) was close to the unincorporated proportion of the
total county population. Table 2 depicts the MPO Policy Board structure established by the 1993
Indian River County MPO apportionment plan.
TABLE2
Indian River County MPO
1993 Apportionment Plan
Jurisdiction
1990 Population
Total °%
1993 Apportionment
Plan
Members %
County/MPO
90,208
100°%
9
100%
Unincorporated
58,175
64.5%
4
44.4°%
City of Vero Beach
17,360
19.2°%
2
22.2%
City of Sebastian
10,206
11.3%
1
11.1°%
Town of Indian River Shores
2,278
2.5°%
1
11.1%
City of Fellsmere
2,179
2.4%
1
11.1%
Indian River County School Board
WA
WA
1`
Town of Orchid
10
0.01%
1`
Florida Department of
ransportation (FDOT) District N
N/A
WA
1*
Non -Voting Member
4
1999 APPORUONM ENT PLAN
In 1999, the Indian River County MPO considered a new apportionment plan that included the
Indian River County School District as a voting member. As written, Chapter 339.175(2)a, F.S.,
states that an MPO "may include, as part of its apportioned voting members, an official of an
agency that operates or administers a major mode of transportation." In Indian River County, the
Indian River County School District (IRCSD) provides a greater number of trips over a greater
number of miles with a larger fleet than any other transportation provider, including the county's
public transportation provider. Unlike the County, municipalities, and other major transportation
providers, such as the Indian River Transit public transportation system and the county's three
public airports, all of which have direct or indirect voting representation on the MPO Policy
Board, the IRCSD did not have direct or indirect voting representation on the MPO Board in
1999.
In accordance with Chapter 339.175, F.S. and FDOT policies and procedures, the MPO
unanimously approved the 1999 apportionment plan. Once approved by the MPO, the 1999
apportionment plan was then accepted by resolution by four of the county's five municipalities
as well as by the Board of County Commissioners and the IRCSD. The apportionment plan was
subsequently transmitted to MOT District Four, FDOT Central Office, and to the Governor's
Office for review and final approval. In February, 2000, the Governor's office notified the MPO
that the MPO's 1999 apportionment plan had been approved.
After the Governor's office approval of the MPO's 1999 Apportionment plan, MPO staff
coordinated with FDOT staff to revise the Indian River County MPO Interlocal Agreement. The
Interlocal Agreement is the formal document establishing the MPO. That agreement must be
revised and then re-executed by all parties whenever there is a change in the structure (voting
membership) of the MPO. Those parties consist of FDOT, all general purpose local
governments within the MPO area, and any non-general purpose local government MPO
members (IRCSD).
Subsequently, all parties except the City of Vero Beach executed the revised interlocal
agreement.. Because of opposition to the Indian River County School District having voting
membership on the MPO board, the City of Vero Beach declined to sign the interlocal
agreement. Since federal regulations mandate that the census designated central city within an
MPO area be a signatory to the interlocal agreement, the City of Vero Beach's refusal to execute
the revised interlocal agreement effectively voided the revised interlocal agreement and the
approved and adopted 1999 Apportionment Plan. Consequently, the original (1993)
apportionment plan and interlocal agreement remained in effect.
2000 APPORTIONMENT PLAN
Later in 1999, the MPO Board directed staff to initiate the process of updating the then
applicable 1993 Apportionment Plan. The purpose of that update was to add another voting
representative from the City of Sebastian to the MPO board. That addition was proposed in
order to reflect the City of Sebastian's growth since adoption of the 1993 Apportionment Plan.
By 1999, the City of Sebastian had a population comparable to that of Vero Beach but had only
one representative, while the City of Vero Beach had two members on the MPO board. Since
5
the 1990 population estimates were the basis of the 1993 Apportionment Plan and because 1999
population estimates showed significant change between Vero Beach and Sebastian in terms of
each city's percent of total county population, it was appropriate to revise the MPO's voting
structure to reflect those changes.
Table 3 depicts the MPO Policy Board structure established by the 2000 Indian River County
MPO apportionment plan. On January 9, 2001, the Indian River County MPO selected an
apportionment option that added two members to the nine voting member board established by
the 1993 Apportionment Plan. One of the two new voting members was a second City of
Sebastian representative, while the other new member was a fifth Board of County
Commissioners representative.
As established by the 2000 apportionment plan, the MPO Board structure included five County
Commissioners, two members of the Vero Beach City Council, two members of the Sebastian
City Council, one member of the Fellsmere City Council, and one member of the Indian River
Shores Town Council. The MPO Board also included one representative of the Town of Orchid,
one representative of the IRCSD, and one representative of MOT District IV as non - voting
members. As structured, the MPO Board had direct representation from five of the six general
purpose local governments within the MPO area. Only the Town of Orchid, which had a 1999
population of 150, did not have direct representation on the MPO Board.
TABLE 3
Indian River County MPO
2000 Apportionment Plan
Jurisdiction
1999 Population
Total
2000 Apportionment
% Members
Plan
%
County/MPO
109,579
100%
11
1000A
Unincorporated
70,425
64.3%
5
45.5%
City of Vero Beach
17.907
16.3%
2
18.2%
City of Sebastian
15,747
14.3%
2
182%
Town of Indian River Shores
2,790
2.5%
1
9.1%
City of Fellsmere
2,600
2.4%
1
9.1%
Indian River County School Board
N/A
N/A
1'
0
Town of Orchid -
150
0.1%
1'
0
Florida Department of
Transportation (FDOT) District IV
N/A
N/A
1'
0
!, �Vaung Memba
2003 APPORTIONMENT PLAN
At its September 10, 2003 meeting, the MPO Board directed staff to draft a new apportionment
plan. The purpose of developing the new Apportionment Plan was twofold: to add the Indian
River County School District as a voting member to the MPO governing board, a request that
was considered and unanimously approved by the MPO at its July 15, 2003 regular meeting, and
M
to comply with the federal requirement to update the apportionment plan using the most recent
Census population figures.
With respect to adding the School District to the MPO Board, Chapter 339.175 {2 }a, F.S., states
that an MPO "may include, as part of its apportioned voting members, an official of an agency
that operates or administers a major mode of transportation." Since the Indian River County
School District is an agency that operates a significant transportation service in the county, the
School District qualifies for MPO Board voting representation. In comparison with other
transportation providers, the IRCSD provides a greater number of trips over a greater number of
miles with a larger fleet.
Concerning the 2000 Census, MPO staff determined that there had not been any significant
change in the proportional distribution of population throughout the county since the 2000
Apportionment Plan was adopted. Since the school district represented the entire county, the
equitable geographic proportionality of the MPO Board established in the 2000 Apportionment
Plan was preserved with the addition of a member representing the School District. As a result,
the MPO in 2003 voted to retain the voting structure established in 2000, with the addition of a
representative of the Indian River County School District.
TABLE 4
Indian River County MPO
2003 Apportionment Plan
Jurisdiction
2000 Population
Total o%
2003 Apportionment Plan
Members o%
County/MPO
112,147
i00%
12
100%
Unincorporated (Board or county commFsMoners)
71,660
63.4%
5
41.7 °%
City of Vero Beach
17,705
15 -7%
2
16.7°%
City of Sebastian
16,181
14.3%
2
16.7%
Town of Indian River Shores
3,448
3.1%
1
8.3%
City of Feilsmere
3,813
3.40/6
1
8.3°%
Indian River County School Board
NIA
N/A
1
8.30%
Town of Orchid
140
0.1%
1*
0
Florida Department of Transportation
(FDOT) District N
N/A
N/A
1*
0
`Non- voting Member
2013 APPORTIONMENT PLAN
In early 2013, FDOT issued a directive requiring all MPO's in the state to review their current
apportionment plans and make any necessary revisions as a result of the 2010 Census. For Indian
River County, that involves updating the 2003 apportionment plan using recently released 2010
Census population estimates.
7
2010 Census Analysis
Although the county population increased by approximately 27,000 persons between 2000 and
2010, the percentage of the population residing in the various jurisdictions in the county
experienced only minor changes. Daring that time, the City of Vero Beach experienced the
largest percentage change, with the city's population decreasing from 15.7% of the county's
population in 2000 to 11.9% in 2010. Three jurisdictions — Indian River Shores, Orchid, and
Fellsmere — experienced only minor changes in their share of total county population.
As shown in Table 5, population estimates for 2010 were used to develop the 2013
apportionment plan. Because those 2010 estimates do not indicate a significant change in the
proportional distribution of the population that lived in Indian River County since the last
Apportionment Plan, there is no need to make any additional changes to the WO structure as a
result of the 2010 census.
TABLE 5
Indian River County MPO
2013 Apportionment Plan
Jurisdiction
2010 Population
Total %
2013 Apportionment Plan
Members %
County /MPO
138,028
100%
12
100%
Unincorporated (Board of County Commissioners)
91,366
66.2%
5
41.7%
City of Vero Beach
15,220
11.0%
2
16.7°
City of Sebastian
21,929
15.9%
2
16.7%
Town of Indian River Shores
3,901
2.8%
1
8.3%
City of Fellsmere
5,197
3.8%
1
8.3%
Indian River County School Board
N/A
N/A
1
8.3°l
Town of Orchid
415
0.3%
1'
Florida Department of Transportation
(FDOT) District N
N/A
N/A
1'
0
Non -voting Member
CONCLUSION
This MPO 2013 apportionment plan has been developed to be consistent with all of the
requirements outlined in Chapter 339.175, F.S. The plan also addresses the two areas of the
Sebastian/Vero Beach Urbanized Area that lie outside of the County limits: Lakewood Park near
the St. Lucie County line and Barefoot Bay near the Brevard County line. Rather than add
commissioners from other counties to the WO Governing Board to represent those areas, the
plan allocates those areas to the St. Lucie and Space Coast T/MPOs, respectively. The 2013
apportionment plan also addresses FDOT's recent directive instructing MPOs to review their
apportionment plans as a result of the 2010 census.
Fic ninny mas�po 2mmver�m�aswn+..a:we:ranos
8
Figure 2. Indian River County MPO 2013 Apportionment Plan
Jurisdiction
2013 Apportionment Plan
Members
%
County!MPO
12
100%
Unincorporated (Board of County Commissioners)
5
41.7%
City of Vero Beach
2
16.7%
City of Sebastian
2
16.7%
Town of Indian River Shores
1
8.3%
City of Fellsmere
1
8.3%
Indian River County School Board
1
8.3%
Town of Orchid
1
1'
0
Florida Department of Transportation
(FDOT) District IV
- von- voting memDC7