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HomeMy WebLinkAbout11192014 MinutesMYOF SEBAST�N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, NOVEMBER 19, 2014 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA The City Clerk swore in newly elected City Council Members Jerome Adams and Jim Hill prior to the opening of the meeting in accordance with the City Charter. Mayor McPartlan called the meeting to order at 6:33 p.m. 2. Reverend David Newhart, St. Elizabeth's Episcopal Church gave the invocation. 3. The Pledge of Allegiance was led by Council Member Gillmor. 4. ROLL CALL City Council Present: Mayor Bob McPartlan Vice Mayor Jim Hill Council Member Jerome Adams Council Member Andrea Coy Council Member Richard Gillmor City Staff Present: City Manager, Joe Griffin City Attorney, Robert Ginsburg City Clerk, Sally Maio City Engineer, Frank Watanabe Building Director, Wayne Eseltine Parks Supervisor, Chris McCarthy Administrative Support Officer, Cynthia Watson Deputy Police Chief, Greg Witt E -Records & Information Manager, Barbara Brooke -Reese AV Specialist, Matt Sinno 14.019 5. ELECTION MATTERS (City Clerk Transmittal, Certificate of IRC Canvassing Board) A. Reading of IRC Canvassing Board Final Certification of Results by City Attorney The City Attorney read the Certificate of the Indian River County Canvassing Board (see attached). Regular City Council Meeting November 19, 2014 Page Two B. Call for Nominations for Mayor by Incumbent Mayor - City Clerk Calls Roll on the Nominations if More than One Nomination Incumbent Mayor McPartlan called for nominations for Mayor. Mr. Adams nominated Mr. Gillmor; and Ms. Coy nominated Mr. McPartlan. The City Clerk called the roll alphabetically and each member stated the name of his or her choice. Roll Call: Mr. Adams — Mr. Gillmor Ms. Coy — Mr. McPartlan Mr. Gillmor — Mr. Gillmor Mr. Hill — Mr. Gillmor Mr. McPartlan — Mr. Gillmor Richard Gillmor was elected Mayor for a one year term to November 2015. C. Call for Nominations for Vice Mavor by Newly Elected Mavor — City Clerk Calls Roll on the Nominations if More than One Nomination Mayor Gillmor called for nominations for Vice Mayor. Mr. Hill nominated Mr. Adams; and Ms. Coy nominated Mr. McPartlan. The City Clerk called the next roll alphabetically and each member stated the name of his or her choice. Roll Call: Ms. Coy — Mr. McPartlan Mr. Gillmor — Mr. Adams Mr. Hill — Mr. Adams Mr. McPartlan — Mr. Adams Mr. Adams — Mr. Adams Mr. Adams was elected Vice Mayor for a one year term to November 2015. 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members It was noted that item E under Presentations had been withdrawn until December 10th 7. 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. 14.012 A. Certificate of Appreciation to Larry Paul — Planning & Zoning Commission Service Mr. Paul was not present (he did arrive later in the meeting during public input and was presented with his certificate). 2 Regular City Council Meeting November 19, 2014 Page Three 14.046 B. Certificate of Appreciation to Robin Graves — Natural Resources Board Service Mayor Gillmor read and presented the certificate to Ms. Graves. 14.170 C. Employee of the Quarter — Dan Hainey. Chief Building Inspector, Building Department Mayor Gillmor read a brief bio and presented the plaque to Mr. Hainey. 14.171 D. Senior Activity Center Update Glenn Goodfellow expressed his gratitude to the City and presented a check in the amount of $500 on behalf of the Senior Center 14.172 E. Environmental Learning Center Brief Presentation — Impact 100 Grant Withdrawn from the agenda until December 10tH F. Brief Announcements - Saturday, December r — Craft Club Show in Riverview Park 10 am to 3 pm - Saturday, December dh — Christmas Parade & Santa in Riverview Park — Indian River Drive — 6 pm — Sunday, December 7d— Craft Club Show in Riverview Parr 10 am to 3 pm - Saturday, December 13th — Sebastian Art Club Show in Riverview Park 10 am to 4 pm - Followed by Christmas Concert by Local Churches until 8 pm — concert to begin at 1 pm Mayor Gillmor read the brief announcements above. Ms. Coy announced the Sebastian Day of the Salvation Army collection day at Walmart on December 6t' and said all donations collected that day will stay in Sebastian to benefit the North County Hunger Relief. She said members of Council and Russ Lemmon will participate. 8. 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 — October 8, 2014 Regular Meeting 14.173 B. Approve December 6, 2014 Christmas Parade Street Closings and Close Main Street Boat Parking Area for Staging at 3 pm with Signage — Same as in Previous Years (Transmittal) 14.048 C. Resolution No. R-14-29 — FDOT Supplemental Joint Participation Agreement (JPA) for Airport Hangar C Construction — Additional $520K (Transmittal, 10-13-13 Transmittal, FDOT JPA & Attachment A, R-14-29) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FDOT TO PROVIDE FUNDING FOR HANGAR CONSTRUCTION AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 3 Regular City Council Meeting November 19, 2014 Page Four 14.174 D. Resolution No. R-14-31 — Re -Establishing and Renaming the Handicapped Self - Evaluation Committee to Disabilities Advisory Committee (Transmittal, R-14-31) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-01-80 TO RE-ESTABLISH AND RENAME THE EXISTING "HANDICAPPED SELF-EVALUTION COMMITTEE" TO BE NAMED THE "DISABILITIES ADVISORY COMMITTEE"; PROVIDING FOR MEMBERSHIP, LIAISON, AND GOALS AND OBJECTIVES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. 14.175 E. Award Bid and Contract for Barber Street Bridge Deck Overlay to Tim Rose Contracting in the Amount of $52,109.10 and Authorize City Manager to Execute (Transmittal, Bid Tabulation, Bid Documents) 14.156 F. Approve $25,000 Grant Agreement With Florida Department of Economic Opportunity for US 1 Corridor Vision Plan and Authorize Mayor to Sign Grant Agreement (Transmittal, Work Scope, Grant Agreement) 14.176 G. Expend Sebastian Police Department Forfeiture Funds in the Amount of $1,000 for Treasure Coast Crime Stoppers in Accordance with FS 932.7055 (Transmittal, FS 932.7055, Chief Certification) 14.177 H. Expend Sebastian Police Department Forfeiture Funds in the Amount of $428.21 to Creative Product Sourcing, Inc. for DARE Graduates in Accordance with FS 932.7055 (Transmittal, Invoice, FS 932.7055, Chief Certification) 14.157 I. Expend Sebastian Police Department Forfeiture Funds in the Amount of $2,000 for Executive Roundtable of Indian River County in Accordance with FS 932.7055 (Transmittal, FS 932.7055, Chief Certification) 14.178 J. Approve Alcoholic Beverage Use at Yacht Club — Wedding Anniversary Party (Name on File) on December 6, 2014 from 6 to 11 pm — Permittee DOB Verified (Transmittal) 14.179 K. Approve Five Year Lease for Copier and Printer Equipment to Atlantic Business Systems in the Amount of $120,365 over the Five Year Period by Piggybacking Martin County School District Bid (Transmittal, Proposals from EGP and Atlantic Business Systems) 14.080 L. Approve Agreements for Donation and Display of Art at Fisherman's Landing Museum with Charles Clifford and Billie Allen and Authorize City Manager to Execute (Transmittal, Agreement) Ms. Coy removed item B for discussion and Mayor Gillmor removed item I for discussion. MOTION by Ms. Coy and SECOND by Mayor Gillmor to approve items A, C -H and J -L. Roll Call: Ayes: Gillmor, Adams, Coy, Hill, McPartlan Nays: None Passed: 5-0 11 Regular City Council Meeting November 19, 2014 Page Five Item B Ms. Coy said she had pulled this item on behalf of Bruce Zingman. Mr. Zingman gave a brief presentation on the upcoming Christmas Parade on December 60' hosted by the GFWC, Property Owners Association, Chamber of Commerce and City of Sebastian and its Police and Public Works Volunteers, stating that people interested in participating can call the Chamber at 589-5969. Ms. Coy noted this is for the children and no politics. MOTION by Ms. Coy and SECOND by Mayor Gillmor. Roll Call: Ayes: Adams, Coy, Hill, McPartlan, Gillmor Nays: None Passed: 5-0 Item I Mayor Gillmor read from Florida Statutes on the uses of the Police forfeiture fund for law enforcement purposes and said though the Executive Roundtable is a great organization, questioned whether the $2000 can be legally given while a good percentage will be used for salary. In response to Mr. McPartlan, the City Attorney this was a proper use of the forfeiture fund due to the organizations emphasis on youth literacy and its positive effect on crime as cited by Chairman Peter O'Bryan at a recent presentation to Council. Mayor Gillmor called for public input and there was none. Ms. Coy said the Chief of Police was highly in favor of this and she supports her request. MOTION by Mr. Hill and SECOND by Ms. Coy to approve. Mr. Adams agreed that this is a great benefit to youth. Roll Call: Ayes: Coy, Hill, McPartlan, Gillmor, Adams Nays: None Passed: 5-0 9. 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. 14.012 A. Planning and Zoning Commission - Interview, Unless Waived, Submit Nominations and Fill One Expired Regular Member Position w/ Option to Appoint Alternate (Transmittal, Applications, Ad, List) The City Clerk noted Larry Paul vacated the regular position and two alternates applied for the position, Louise Kautenburg, who was appointed in 2012 and John McManus who was appointed in 2013, as well as two other applicants, Albert Alvarez applied and Terry Taylor who submitted after deadline the deadline. She noted if Council moves an alternate up, they can appoint another applicant immediately to fill the vacated alternate position. Ms. Coy nominated Ms. Kautenburg and Mr. Hill nominated Mr. McManus. E Regular City Council Meeting November 19, 2014 Page Six Roll Call (Regular Member): Mr. Hill — Mr. McManus Mr. McPartlan — Ms. Kautenburg Mayor Gillmor — Mr. McManus Vice Mayor Adams — Mr. McManus Ms. Coy — Ms. Kautenburg Mr. McManus was appointed to the regular member position. Ms. Coy nominated Albert Alvarez to fill the open alternate position vacated by Mr. McManus and Mayor Gillmor seconded the nomination. Being no other nominations, no roll call was required and Mr. Alvarez was appointed. 14.046 B. Natural Resources Board - Interview, Unless Waived, Submit Nominations and Fill One Unexpired Regular Member Position w/ Option to Appoint Alternate (Transmittal, Application, Ad, List) The City Clerk noted this is similar to the last item and that two alternates James Clifton and Rose Glaser (formerly Harris) have applied and were both appointed on 6/25/14, as well as Andrea Ring and Terry Taylor who applied after the deadline. She said if Council moves up an alternate, they can appoint someone immediately to fill the vacated alternate position. Mr. Hill asked to hear from the applicants. Ms. Glaser and Mr. Clifton were in attendance and came to the podium. Ms. Coy nominated Rose Glaser and Vice Mayor Adams nominated James Clifton. Roll Call (Regular Member): Mr. McPartlan — Ms. Glaser Mayor Gillmor — Mr. Clifton Vice Mayor Adams — Mr. Clifton Ms. Coy — Ms. Glaser Mr. Hill — Ms. Glaser Vice Mayor Adams nominated Mr. Taylor to fill the open alternate position vacated by Ms. Glaser, and Ms. Coy nominated Ms. Ring. Roll Call (Alternate Member): Mayor Gillmor — Ms. Ring Vice Mayor Adams — Mr. Taylor Ms. Coy — Ms. Ring Mr. Hill — Ms. Ring Mr. McPartlan — Ms. Ring 0 Regular City Council Meeting November 19, 2014 Page Six 14.003 C. Citizen Budget Review Advisory Board - Direction for Council Member to Select One Representative Member Each and Two At -Large Members at the December 10, 2014 Regular Meeting (Transmittal) The City Clerk said this item was for information only but if City Council members know that their appointees wished to continue they could name them at this time, but will bring back the at -large applications on December 10th for appointment. Ms. Coy said her appointee Dionna Farmer would continue and Mr. Adams said his appointee Ed Herlihy would continue. The other members said they will confirm their appointees on December 10''. 14.181 D. Indian River County and Regional Boards - Council Appointees (Transmittal, Liaison List) City Council reviewed the list and decided to continue in the same positions. The only change would be the School Concurrency EOOC which is always the seated Mayor and the Treasure Coast Regional Planning Council position is voting member this year. 14.182 E. Indian River County Commission Meetings — Assign Council Monitors - December 2014 through November 2015 (Transmittal) Rotation was approved as follows: December — Council Member Hill December 2, 9, 16 January — Council Member McPartlan January 6, 13, 20 February — Mayor Gillmor February 3, 10, 17 March — Vice Mayor Adams March 3, 10, 17, 24 April — Council Member Coy April 7, 14, 21 May — Council Member Hill May 5, 12, 19 10. PUBLIC HEARINGS - None June — Council Member McPartlan June 2, 9, 16, 23 July — Mayor Gillmor July 7, 14 August — Vice Mayor Adams August 18 September — Council Member Coy - paper September 15, 22 October — Council Member Hill - October 6, 13, 20 November — Council Member McPartlan November 3, 10,17 7 Regular City Council Meeting November 19, 2014 Page Eight 11. UNFINISHED BUSINESS 14.028 A. CRA Sewer Connection Grant — Consider Methods to Promote Program — Council Member Gillmor Request from 1018114 Council Meeting (No Backup) Mayor Gillmor noted there is $100K in the CRA budget for sewer connection grants and asked if anyone had tapped into it yet, and the City Manager said he has heard only rumblings. Mayor Gillmor cited a city ordinance which requires hookup to existing lines and it has not been enforced, and in conversations with the City Attorney he has stated we need a new ordinance. He said we should advertise availability of grant, and say we would like to see properties in the Riverfront District to hook up, and if not there would be consequences, noting some have been there for years and there are concerns about plumes from failing drainfields into the lagoon. Mr. Hill said he liked the idea of mandatory hookup but that $100K will go quickly and mandatory hookup will be a great expense, and suggested we find out how many ERUs there are. Ms. Coy said we need to review the ordinance first and perhaps state that if a septic system fails you cannot renew it, and said we need to write our grant program and come up with a plan. Mayor Gillmor said again we need to publicize the grant availability. Ms. Coy suggested an incentive could be a no interest loan to be paid over time, and that we agendize this and direct the City Manager to bring us something soon. Mr. Hill said we need facts and costs to hook up. Mayor Gillmor noted the County went ahead with the north county sewer study, we did not pay the $62K requested, so if they get the grants they are seeking, the City needs to help with hookups. 14.018 B. Summary of All Aboard Florida Florida Surveys (Transmittal, AAF Surveys and Summary Charts) Cynthia Watson gave a Power Point Presentation (see attached) on the 229 survey responses collected by the City in reference to the All Aboard Florida Draft Environmental Assessment (DEIS). Ms. Watson also presented research she conducted on the effect of increased freight train activity and length (see attached) on the City. Ms. Coy noted thanked her for the presentation and said there are 500 pages of attachments to our response to the DEIS. The City Engineer said the response would be submitted by December 1 St for the December 3`d deadline, noted that this presentation tonight has updated pie charts from responses received after the packet went out. He noted he had included the Chamber of Commerce survey responses so the response package will be approximately 600 pages. Mayor Gillmor said the City is doing everything it possibly can and urged citizens to contact Senators Nelson and Rubio. E Regular City Council Meeting November 19, 2014 Page Nine Mr. Hill said he read most of the draft EIS and it is clear that AAF completely discounted Indian River County and Martin County throughout. He said IRC passed a resolution in opposition and if we did something similar it would hold more weight. He said we represent Sebastian and we should be strong in our opposition, said that AAF has been disingenuous when they say that they would pay for upgrades when they have to do so, and are glad handing us, and it is clear in the EIS that they have little regard for Indian River County and no regard for Sebastian. He said the train will change the quality of life in this town and all the activities we do, and we can do something stronger as Indian River County did. Ms. Coy said though she does not disagree with Mr. Hill's characterization, we need to look at this and stated she is opposed to the DEIS we received but hates to go so far as condemning the entire project because we will need to work with them so we should pick and choose how we tell them. She said Sebastian was left out of the DEIS and she would be totally okay with telling them that. She said the freight is coming whether we like it or not and we have to negotiate with them, was not for condemning the whole project but would entertain a slight change on the DEIS process. Mr. Hill responded that the idea should be that they don't receive public dollars, noting they can build two tracks for freight without the DEIS but we should say as representatives of Sebastian that we stand in opposition but still want mitigation. Mayor Gillmor asked Mr. Watanabe if AAF has gone private all the way. Mr. Watanabe responded that is correct and the project would still have to be studied but not as detailed as a full DEIS. Mayor Gillmor said he agreed with Ms. Coy and would be in favor of stating that the DEIS is a sham and they did not look at us as they did other counties. Ms. Coy said Fortress is the pinnacle of this and they are going out for bonds, and we need to put our political shoes on to leverage what we want, not completely condemn and would prefer to stick to that the DEIS was fatally flawed because it failed to include us. MOTION by Ms. Coy and SECOND by Mayor Gillmor to condemn the DEIS process and request they redo it. Andrea Ring said she agreed wholeheartedly and suggested an alternative for AAT to follow the 1-95 corridor. Ms. Coy explained that the FEC corridor is owned by them and they don't own the land by 1-95. Ms. Ring suggested writing and giving them an alternative. Bob Walter asked if AAF has to get permits to do the work they do on the tracks. Ms. Coy explained that the City has to get permission to cross the railroad tracks. Roll Call: Ayes: Adams, Coy, Hill, McPartlan, Gillmor Nays: None Passed: 5-0 12. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda Bruce Zingman thanked the 500 volunteers and City staff who made the Clambake Festival a success; discussed the Salvation Army bell ringing at Walmart noting this location collects the most money. Ms. Coy said they have for the past five years. E Regular City Council Meeting November 19, 2014 Page Ten Mr. Hill said the Clambake was a great event and noted that during Brief Announcements the Sebastian River Area Chamber of Commerce Light Up Night was not mentioned, noting it takes place on Friday, December 51" and for further information people can visit www.sebastianchamber.com. Leonard Dubie, VFW and American Legion Posts, noted they are deeply involved in the community, leaders of parades and local events, and requested funding in the amount of $100K to switch to the County water and sewer systems to allow them to continue to provide services to the community. He listed the costs to connect. Mr. Hill in response to applause for Mr. Dubie, requested in the interest of a smooth meeting, while understanding that people are happy, that clapping and jeers are not appropriate. Mayor Gillmor added we do allow clapping for people who receive awards but it is not appropriate for items on the agenda. Bob Walter, cited what he believed was an inequity in the Code that requires individuals to maintain their swales, which for him has become difficult. He said he saw City staff digging swales so he called the City to see how he could get on the list and was told the City maintains unimproved property. He said citizens are paying for property owners of unimproved lots out of their own pockets and suggested the City could possibly place liens on those properties since they are providing a service for some and not for others. At this time, Mayor Gillmor presented a certificate to outgoing nine year Planning and Zoning member and Chairman Larry Paul, who explained he had a family medical issue and was not able to be at the meeting earlier. Mayor Gillmor called recess at 8:17 pm and reconvened the meeting at 8:33 pm. He noted before we leave Public Input he had been asked by an individual to speak on the seawalls, since the item is listed under City Manager matters and does not allow public input and "Public Input" does not allow one to speak on items on the listed agenda. Jean Gillette, Joy Haven Drive, said she had been a resident since 1993 and expressed concern for the condition of seawalls on the Elkcam canal, citing history from 1990 and 1993 on the installation of dams on the canal, and statements by the former City Attorney in 2011 during the Collier Canal seawall repairs. She said she has heard rumors of lawsuits, said people cannot afford to fix the seawalls themselves and asked that water be put back in the canal to keep the seawalls up. 13. NEW BUSINESS 14.056 A. Resolution No. R-14-32 FY 2013-2014 a Quarter Budget Amendment (Transmittal, R-14-32. Quarterly Financial Report for Quarter Ending 9/30/14) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-14-32 by title 10 Regular City Council Meeting November 19, 2014 Page Eleven The Administrative Services Director gave a brief update on the amended budget, stated the City used 96.7% of allocated funds, the numbers are preliminary to the annual audit which will begin on December 8t', that 35-36 Capital projects were closed and some are continued into the current fiscal year. He said there has been some interest in improving the departmental activities to make it more goals oriented. MOTION by Mr. Hill and SECOND by Ms. Coy to approve Resolution R-1432. Roll Call: Ayes: Coy, Hill, McPartlan, Gillmor, Adams Nays: None Passed: 5-0 14.183 B. Consider Request to Release Code Enforcement Liens and Disposition of Fine on 925 Beach Lane (Clark Email, Payoff Calculations for Nine Liens, Summary of Liens, IRC Clerk of Court Foreclosure Info) Peter Sutherland, representing property owners Jason and Lisa Clark, 925 Beach Lane, Sebastian, requested a waiver of the nineteen outstanding liens on the property from the previous owner for primarily overgrown grass cutting. Ms. Coy said as the City we pay out of tax dollars for someone to mow overgrown grass, and the City Manager confirmed we paid the vendor. Mr. Adams asked if it was purchased as a foreclosure and Mr. Sutherland said it was purchased at auction, and they did not get clear title and he currently has a contract for sale. He said the City has spent time and money, and while he sympathizes, we should acknowledge what staff had to do, and asked if they would be amenable to a partial release. Mr. Sutherland said they are asking for a total release. Mayor Gillmor said on the courthouse steps announcements state there may be liens and encumbrances and it is the bidder's responsibility to know. He said he visited the Building Department and found it was easy to disclose. Ms. Coy said she assumed there would be a profit from the sale of the property and Mr. Sutherland said there would be but they were not represented by anyone. Mr. Hill said this changes for him knowing this is a flip, and said when you buy from the courthouse, you buy as is. He said citizens paid several times to mow and file liens and the couple refused to pay for the application to release the liens and he was ready to reject this request. Mayor Gillmor said he would be amenable to getting rid of the interest. Ms. Coy said taxpayers have paid out money and this would set precedent. She said she would go for the release of the interest. MOTION by Ms. Coy and SECOND by Mayor Gillmor to remove the interest on the liens for 925 Beach Lane. Roll Call: Ayes: McPartlan, Gillmor, Adams, Coy Nays: Hill Passed: 4-1 11 Regular City Council Meeting November 19, 2014 Page Twelve 14.184 C. First Reading of Ordinance No. 0-14-06 — Public Hearing for December 10, 2014 (Transmittal, 0-14-06) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-2-3.2 REGARDING PROCEDURES AND CRITERIA FOR REVIEW OF TEMPORARY USES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Ordinance No. 0-14-06 by title. MOTION by Mr. Hill and SECOND by Ms. Coy to approve staff recommendation (pass on first reading and set public hearing for 12110114) Bud Zelinski, representing St. Sebastian Catholic Church, said their flea market event attracted thousands, most vendors were residents of Indian River County, some from Brevard and St. Lucie and mostly seniors trying to supplement their income and the money the church takes in helps the poor and needy. Ms. Coy asked that the reference to "circuses" on page 221 of the packet be deleted as an approved use, noting lots of objections to petting zoos and the fact that we have not had a circus here in a long time. Mr. Hill said he would not object to that. The motion was amended to delete "circuses" (Editor's note: subsequent to the meeting, it was determined by staff that the page referenced which was part of the LDC definitions was for information only and not part of the ordinance) Ms. Coy went on the record with the history of this situation, with many phone calls and lots of attention, noting this was not caused by Council but was generated by Planning and Zoning and is back before Planning and Zoning tomorrow night, then back to Council on December 10'' for second reading. She said she had been to a Chamber function where she asked everyone their thoughts on this issue, and one did not know of it, and no one had anything negative to say and as for the Chamber Board, on which she sits, the general consensus was flea markets were not a problem at this location. She said Walmart loves it and only one business brought it to her attention. A brief discussion followed on cleanup cost language but no change was made. It was verified that if cleanup costs were necessary that person doesn't get another permit. Roll Call: Ayes: McPartlan, Gillmor, Adams, Coy, Hill Nays: None Passed: 5-0 14.185 D. First Reading of Ordinance No. 0-14-07 — Repealing Stays on Appeals - Set 2nd Reading and Public Hearing for December 10, 2014 (Transmittal, 0-14-07) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO ZONING AND LAND USE PLANNING PROCEDURES, REPEALING STAYS UPON APPEALS OR PETITIONS OF WRIT OF CERTIORARI, AMENDING SECTIONS 54-1-2.5, 54-1-2.4 AND 54-4-18.6 OF THE LAND DEVELOPMENT CODE, PROVIDING FOR RETROACTIVE EFFECT, REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-14-07 by title. 12 Regular City Council Meeting November 19, 2014 Page Thirteen The City Attorney said he had prepared this ordinance and placed it on the agenda because the Code requires an automatic stay of proceedings when an appeal is filed and it can last weeks or months or even years. He said there are occasions when a zoning applicant can afford to go forward during an appeal recognizing their risk if the appeal is upheld. He cited the appeal of Captain Hiram's 16 room hotel approval which took nine months and was ultimately dismissed. He said as a matter of policy, if there are problems we can revisit them, that the current language is fairly complicated and he would leave it to Council as a matter of policy. MOTION by Mr. Hill and SECOND by Ms. Coy to approve staff recommendation (pass on first reading and set public hearing for 12110114) Roll Call: Ayes: Gillmor, Adams, Coy, Hill, McPartlan Nays: None Passed: 5-0 14.186 E. Review Procedures Resolution No. R-13-18 for Suggested Amendments (Transmittal, R-13-18) Mr. Adams suggested moving Public Input after Committee Reports, so that people don't have so long to wait, but after a brief discussion of how it is set out in the resolution, the different locations of that item on the agenda, other circumstances which could bog the meeting down with Public Input, and assurance by Mayor Gillmor that Council has the ability to change positions on the agenda based on circumstances, motion was made as follows: MOTION by Ms. Coy and SECOND by Mayor Gillmor to leave R-13-18 as is. Roll Call: Ayes: Adams, Coy, Hill, McPartlan, Gillmor Nays: None Passed: 5-0 14.187 F. Consider Legislative Delegation Items to be Submitted to Representative Mayfield's Office by December 1, 2014 for December 5, 2014 Legislative Session in Vero Beach City Council Chambers (Transmittal, Rep Mayfield Letter, Form) Mr. Hill listed items: Indian River Lagoon and Environment Economic Development Issues Potential Grants for sewer hookup — State and Federal Ms. Coy read from the Indian River County list she gleaned from her monitoring of their meeting: Indian River Lagoon North County Septic to Sewer Connections Oyster Bed Projects AAF MOTION by Mr. Hill and SECOND by Mr. McPartlan to add items discussed to the Legislative Delegation agenda to be presented by Mayor Gillmor. Roll Call: Ayes: Coy, Hill, McPartlan, Gillmor, Adams Nays: None Passed: 5-0 13 Regular City Council Meeting November 19, 2014 Page Fourteen 14.188 G. Council Member Gillmor Reauest — Discuss Annual Review of City Mission Statement and Goals Setting at Workshop in January (Transmittal, Mission Statement, R-10-05) Mayor Gillmor said each year the budget includes the City Mission Statement, noting when he was elected in 2008 it was not presented to him. He read the statement, and said some departments follow it to a tee, and asked if new hires receive a copy. He noted R-10-05 also requires Council to bi-annually set goals and objectives in January and July and he said he would like Council to consider providing the mission to City Council and new hires and have a visioning meeting in January after the seating of new Council. Mr. Hill agreed on the Mission Statement noting it is posted on walls in City Hall, but said Section 1 of the Resolution can be eliminated which provides for setting goals for Charter officers in January and July because Council sets goals every time it meets and they do visioning through the budget process. He said he thought this process was set up in 2005 following a retreat when there was not a lot of harmony and we don't have that problem in this setting, and bi-annual goal setting is a little bit hokey. He said we do need to do annual review of Charter officers. Ms. Coy agreed with deletion of Section 1 of the resolution regarding goal setting agreeing that Council visions every time it meets and did not see a need for a workshop. She stated that the Mission Statement was grammatically incorrect and awkward and needs fixing. Mayor Gillmor tasked Ms. Coy with cleaning up the Mission Statement and she said she would be happy to. He also said perhaps when we get a light agenda we can have a session where we talk about our thoughts. 14. CITY ATTORNEY MATTERS - None 15. CITY MANAGER MATTERS 14.015 A. Florida City Gas Franchise (No Backup) The City Manager said the gas franchise has been signed and that FCG has asked to conduct a gathering in the Council Chambers for businesses to provide information. He asked for consensus of Council to schedule this which would coincide with the ribbon cutting in January, which would include participation by members of Council. No objection. 14.189 B. Discuss Elkcam Canal Seawalls — Powerpoint Presentation (No Backup) The City Manager gave a brief opening on the problem developing with seawalls on private property and the City Engineer gave a brief Power Point presentation on the issue (see attached). The City Manager said as a result of a meeting held with concerned residents, three have retained an attorney, noting one we talked to requested our help with supplying raw materials to shore up his seawall to mitigate future damage. He said staff had met with the Attorney representing the property owners, and made it clear that something needs to be done with the canal itself. 14 Regular City Council Meeting November 19, 2014 Page Fifteen Ms. Coy asked if any lawsuits had been filed yet and the City Manager said no. Ms. Coy clarified that they can discuss this with citizens and he said yes. 14.190 C. Citizens' Request Line (Slide) The City Manager said in an effort to make customer service more responsive he has added a Citizens Request Line (see slide attached) to the front desk where calls will be answered or monitored and forms distributed to the appropriate staff for immediate response by volunteers in the morning and City staff person in the afternoon. 16. CITY CLERK MATTERS - None 17. CITY COUNCIL MATTERS A. Mayor Gillmor - None B. Vice Mavor Adams Mr. Adams thanked residents for an opportunity for a second term and as Council Member and Vice Mayor said he would do his best; said he was disappointed to know that someone had stolen his political signs and it was deliberate; and offered to take on the creation of the Youth Advisory Council for Ms. Coy. Ms. Coy said she would provide FLC materials. C. Council Member McPartlan Mr. McPartlan announced National Adoption Day celebration at Kiwanis Park Saturday, and December 6th One Church One Child Event to promote foster care and adoptions in Stuart. D. Council Member Hill Mr. Hill expressed concern with the committee and the direction Council provided in 2009 to get business in compliance, and felt that FSL has gone way beyond the scope of the grant to get conformity, we have one to three people who decide on who gets grants, and we have ordinances that tell you what conforms so why do we need a committee. He said he is concerned when we have something written in stone and it becomes arbitrary, and that a staff committee can review and bring to Council. Mayor Gillmor said we should revisit because we are paying 80% of the improvements, so we should have a say. Mr. Hill said his concern is the idea of the grant where we said if you don't comply with the overlay we will help you out. He said we should ask staff to bring something back. Mr. McPartlan said maybe it would be more efficient done in-house and cost less. The City Clerk noted there is a CRA meeting scheduled on December 10th to award grants and asked if they still wanted to hear them. Mr. Hill said absolutely but as soon as possible look into this. 15 Regular City Council Meeting November 19, 2014 Page Sixteen E. Council Member Coy Ms. Coy said there were so many compliments on the Clambake and thanked City staff. 18. Being no further items, Mayor Gillmor adjourned the Regular Meeting at 9:58 p.m. ApprovWhber 10, 2094 r Council Meeting. By:Ricor Attest: Sally A. Maio)*C, City Clerk **Official** CERTIFICATE OF CANVASSING BOARD OFFICIAL RETURNS CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA We, the undersigned, David Morgan , County Court Judge, Leslie Rosswav Swan , Supervisor of Elections and Bob Solari , Board of County Commissioners, constituting the Board of County Canvassers in and for said County, do hereby certify that we met on the Fourteenth day of November, 2014 A.D., and proceeded publicly to canvass the votes given for the offices and persons herein specified at the General Election held on the Fourth day of November, 2014 A.D., as shown by the returns on file in the office of the Supervisor of Elections. We do hereby certify from said returns as follows: For (Two Year Term) City Council Member Term, the whole number of votes cast was Jy , aao, of which number (VOTE FOR NO MORE THAN TWO) JEROME ADAMS DAMIEN GILLIAMS EDWARD H. HERLIHY JIM HILL ALBERT IOVINO RECEIVED 3 `-} O VOTES RECEIVED a;!6 o d VOTES RECEIVED d03 VOTES RECEIVED I VOTES RECEIVED ^ u VOTES We Certify that pursuant to Section 102.112, Florida Statues, the canvassing board has compared the number of persons who voted with the number of ballots counted and that the certification includes all valid votes cast in the election. David Morgan, County Court Judge Canvassing Board Chairman Leslie Rossway Swan, Supervisor oftlections Canvassing Board Member Bob Solari, County Commissioner Canvassing Board Member November 14, 2014 afl .f SEBASTIAN HOME OF PELICAN ISLAND 11/19/2014 CITY OF SEBASTIAN ALL ABOARD FLORIDA (AAF) SURVEY RESULTS Response to Draft Environmental Impact Statement (DEIS) November 19, 2014 Response to the Draft Environmental Impact Statement • City Council approved $50,000 for the All Aboard Florida project. • The Draft Environmental Impact Statement was released in September 2014. This is a document that is required by the National Environmental Policy Act (NEPA) because the AAF applied for a loan under the Federal Railroad Association's Railroad Rehabilitation and Improvement Financing Program. • The DEIS purpose is to disclose all environmental effects associated with the project alternatives, whether they are adverse or beneficial and to allow the public to review and comment on the document. • The City of Sebastian held a public workshop on October 15, 2014 where approximately 68 people were in attendance. • In attendance were representatives from All Aboard Florida. • Surveys were disbursed at community events and could be picked up at City Hall. • Comments to the DEIS are due by December 3, 2014 to the Federal Railroad Administration SES 11/19/2014 rsm cr n rc+� re+.n We are interested in learning how you will be impacted by the proposed high speed passenger rail service that will run along the Florida East Coast Railway tracks which run the length of Indian River County. If positive or negative, please describe the specific ways in which you will be impacted. z3` d I 10% ■ Postively 8%L 1 ■Negatively 79% li ■ No or minimal impact 1 10% ■ No response 3% Total Surveys 229 11/19/2014 3 weu a rtiKu� nuw I FM � » � �2 o � o � =rq � § � — � � m < (D m CL — o $ � \ f q 0 (D° cu o M S / § o .nj -0 0 (A rD 0- » . . . . -CL ` } i $ ± 0 f § 0« \ } k k \ 0 k ( { § \ } r � » � �2 o � o � =rq � § � — � � m < (D m CL — o $ � \ f q 0 (D° cu o M S / § o .nj -0 0 (A rD 0- » L � M1. to i O LA v Ln 4� �. ho 0 GJ 0 CL N s t W s >' 13 N aj O u CL a O O O Q 4- w C L Qi .- 4-0 L 'V) >. 0 0 CL a a CL ro N 'F' 4 m 0 L u o rc�l o � a m m m Y N u � m ' 2 A b m v C i N •� `m d o O m 7 O N C N as N m c m e v v v o m a o s O C o 0 au zw z z u In the Environmental Impact Statement (Page 300 under "No Action Alternative), it states that: ... freight traffic on the FECR (Florida East Coast Railroad) Corridor is predicted to increase. FECR operated 24 daily trains in 2006 and had projected growth of 5-7% between today and 2016. However, due to delays in the expansion of the Panama Canal and other factors, it is now expected that freight operations will increase from the current number of trains (now 8 to 10 daily) to 20 trains per day by 2016, and at a 3% annual growth after 2016. This in addition to the proposed 32 high speed passenger trains. How do you believe this increase in train traffic will impact our city and county? 9 14 4% 6% 7 12 4 19VI ■ This increase will have a negative impact 76% ■ Moderately negative impact 5% ■ No Impact 1% ■ Moderately positive impact 3% ■ High positive impact j_ 5%_ ■ 1 do not have enough information about the projected number of trains to have an opinion ' 6% ■ No Response 14% Total Surveys 229 11/19/2014 „d„a 6 What do you believe are the most critical issues of concern to the community as it relates to the proposed high speed rail passenger service and the increases expected in freight train traffic? Check all that apply. 2 0 4 .8% lr 153 67% 121 53% 147 198 86% ■ Noise from moving trains 77% ■ Noise from train horns or stationary crossing horns F7-4-%- • Vehicle 74%■vehicle and pedestrian safety issues 80% ■ Length of time it takes for the trains to pass through a street crossing 76% ■ Emergency services access 86% ■ Negative impact on our eco -system 64% J ■ Negative impact on structures 53% ■ Local ability to deal with potential rail accidents 67% ■ Vibration 62% ■ General Quality of life 70%-1 ■ No Response 14% ■ other .8% Total Surveys 229 11/19/2014 7 xwi a nucw nwro Tell us how visitors to your home or customers/clients coming to your business will be impacted by the proposed high speed passenger railroad service and increased freight traffic? ■ 15 6% ■ positive 6% ■ Negative 68 % ■ No or Minimal Impact , 12 ■ No Response IL 14 Total Surveys 229 11/19/2014 8 w,�w a nih,w natio Summary of Survey Comments • Emergency Response (#1 reason) — hospitals and doctors on east side of tracks. • Safety of vehicles and pedestrians at Railroad crossings. • Increased noise from the freight trains. • Vibration from additional trains. • Loss of property value. • Lack of benefits to Indian River County — Lack of new jobs for residents; Lack of a Railroad station. • Public opinion has it that the second set of tracks is for hauling freight. • Who will be responsible for the maintenance and payment of the maintenance of the tracks and railroad crossings? • Fear of increased property taxes due to maintenance of the railroad crossings. • Impact on historical properties/landmarks. • Impact to the environment. 11/19/2014 S=Tu 9 Ik \II •`1 fl lli l\ I(IA11. Where do we go from here? • December 1, 2014 comments will be submitted by the City of Sebastian to the Federal Railroad Administration regarding the Draft Environmental Impact Statement. • Submittal package will include the City of Sebastian's Technical Review, Public Surveys and citizen letters as well as any other forms of information submitted to the City in response to the DEIS. • City is still waiting for final set of plans for the railroad crossings. • City staff anticipates a supplemental Draft to be released for additional comments. 11/19/2014 K \II M RIk0.Y ISLV(D u V) a--+ m W iJ CL W a-.+ M i LL .. i W lqt r -I O N • Northern canal systems • Collier Canal • Southern canals/retention • South Collier Canal • George St Canal • Schumann Waterway • Elkcam Waterway • Stormwater park i � iE6T SNIPI.ES / bm iFv Fvo' .�. •. �.�^. uaro N. 512 1,769 ACRES %_ �m o I i S. CR 512 4,583 ACRES h rl - ,L LL, Pf 2014 - WATER QUALITY TESTING SEBASTIAN. FLORIDA uu\n OI PRIL N ISI \ND Col ier a J -Seawalls- �' • Collier Canal Construction completed in aoo6. • Collier Canal limits were 5,000 LF from CR512 to Hardy Park Dam. • Project included dredging canal for drainage capacity. • Seawalls were 9o% in City right of way and io% were on private property. • Dredging funded with grant and seawall was bond funded. • Total Collier Canal was $4.9 million. 'I,, SEAT" HOME OF PELICAN ISLAND Q CD Q) v Im .-. +� v b .'., v �, 00 00 ... v .� c, A v ... 3 .� �. v a b v v �. +r v �. r� v v 3 v • Field investigation of the canal seawalls along Joy Haven during Oct 2014. • Identified three locations of damaged seawalls at 197,219 and 243 Joy Haven. • Researched past documents and right of way maps of properties. • Conducted property survey to locate City right of way within canal. • Subject seawalls along Joy Haven are not within City's right of way. • City mailed letters to the three residents with damaged seawalls. ML -f SEBASTLAN HOME OF PELICAN ISLAND 0 r. IVICCIL1116 VVIL11 .1Vy 1 10VG11 I GJIVI�rI1{.J • Held a meeting on Friday 11/7 to review findings with Joy Haven residents. • Reviewed past history of canal system and seawalls. • Identified the seawalls along Joy Haven are on private property per surveys. • Need to work together on a long term option to replace the canal seawalls. • Look into options. LRF SEe��A1V HOME OF PELICAN ISLAND on 66 91 E 0 u 11', 0 0 0 s 6A Cx E a E 0 V 0 ONE a� U 0 Yll L 3 0 W Z J r 0 a 6 SE�`sT." HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cityofsebastian.org Mr. John Winkle Federal Railroad Administration 1200 New Jersey Avenue, SE Room W38-311 Washington, DC 20590 December 1, 2014 RE: Comments to Draft Environmental Impact Statement (DEIS) Project: "All Aboard Florida" (AAF) The City of Sebastian has reviewed the DEIS for AAF (the Project) and have identified numerous comments and deficiencies within the technical document per the NEPA process. Attached to this comment letter are letters, surveys and correspondence received by the City regarding concerns of this project which the City is officially submitting to be addressed as part of the NEPA review process. In addition, the City believes that the document is inadequate and does not follow the "Scoping" process as stated in the DEIS, page S-4, which states, "Scoping- an early and open process for identifying significant issues related to a project. As part of the scooping process, agencies and the public are invited to participate and provide comment. A series of public scooping meetings for the Project were held in April and May 2013 in Orlando, Fort Pierce, West Palm Beach, Fort Lauderdale and Miami and an agency scooping meeting was held in April 2013. Agencies and the public provided input that informed the scope and content of the environmental studies conducted for the DEIS, including concerns about noise and vibration impacts, impacts to navigation, impacts to wildlife and protected species, safety and traffic operations at grade crossings. The public comments also indicated in interest in additional stations and the opportunity to include a bicycle trail within the railroad right-of-way (ROW)." As stated above, no where does it state that Indian River County or any of the cities within Indian River County near or along the railroad tracks which includes Comments to DEIS —1213114 K the City of Sebastian were contacted to participate in the "early and open process". Therefore, information, appendices, maps, etc., in the DEIS is insufficient, incomplete or missing. Additionally, the public meeting held on November 5, 2014 at Indian River State College, Mueller Center displayed a map that did not include the City of Sebastian or the City of Vero Beach. Also, where are the comments from these meetings? They were not provided. CITY OF SEBASTIAN COMMENTS INTRODUCTION Section 1.1 and 1.1.2 states, "FRA and AAF conducted an environmental review of Phase 1 in 201212013, including preparing and issuing both an Environmental Assessment (EA) (Environmental Assessment and Section 4(f) Evaluation for the All Aboard Florida Passenger Rail Project West Palm Beach to Miami, Florida)", "As a result of the environment review process conducted by FRA in cooperation with AAF for Phase I, AAF is authorized to construct the Phase I component of the Project as reviewed and approved in the 2012 EA and FRAs subsequent FONSI. Since the FONSI, AAF proposed and FRA has evaluated a new location for the proposed ..."; "...impacts exclusively from Phase 1 have already been addressed in the 2012EA and FONSI and will not be reanalyzed in the DEIS." Comment: Justify why the project was split into two phases. The typical NEPA process cannot split a corridor project. The Project needs to be independent. Section 1.1.2 states, "The Project includes purchasing five additional passenger train sets, and would add 16 new round trip intercity passenger train trips (32 one-way trips) on the new railroad segment and on the FECR Corridor between Cocoa and West Plan Beach. No additional trips beyond those considered in the 2012 EA (16 round-trip) intercity passenger train trips [32 one- way trips]) would be added on the West Palm Beach to Miami section." Comment: What about freight trains? Note the existing number of freight trains and the additional freight train trips. Section 1.3 states, "FRA requested that FAA act as a cooperating agency on the EIS, and the FAA agreed. The Project will require FAA review and approval over changes to FOAA property. Under 49 USC sub -section 401, the FAA has jurisdiction over the layout of airports, including but not limited to approval of airport layout plans, airspace, and facility development." Comments to DEIS —1213114 3 Comment: The City of Sebastian requested to be part of the cooperating agency due to local knowledge and expertise and was excluded as being a cooperating agency. Why? Purpose and Need for the Proposed Action Section 2.1 states, "Project would consist of a 235 -mile long intercity passenger rail service with anticipated three-hour travel time. Improvements needed to support the service would include both construction within existing railroad rights- of-way (ROW) and new construction outside of existing railroad corridors. Comment: The DEIS does not identify where outside? The following are not specified in the DEIS: New Construction activity, existing street crossing impacts and limits outside the corridor. Section 2.3.4 states, "The municipal areas at the two ends of the project corridor are among the five largest cities in Florida, with .... Miami, at the southern end of the Project Corridor, is the second largest city in Florida (BEBR 2011 a; Schlueb 2013)." Comment: There isn't any mention of Indian River County or other local cities between the two destinations, why not? Section 2.3.4 illustrates in Table 2.3-4 Population Employed Outside of the County of Residence. It states that 85% are employed in County of residence while 15% are not. Comment: The DEIS needs to provide support on where the resident population are employed outside the County? Section 3.2 states, "Level 2 was more fine-grained and evaluated segment alternatives within the preferred route." Comment: DEIS report does not provide evaluation of preferred route in relation to Indian River County and the local cities. Section 3.2 states, "FRA has independently evaluated AAF's analysis, validated assumptions, and has prepared the following summary of the alternatives evaluation process." The "Screening Alternatives Chart shows a Process at "Level 2 Connection Alternatives". Comment: What about the impacts to Indian River County crossings and the seven street crossings within the City of Sebastian. Comments to DEIS —1213114 4 Section 3.2.1.1 states, "The primary screening criteria used at this level was developed to assess (1) whether the alternative satisfies the purpose and need of the Project, (2) whether the alternative is practicable to construct and operate (satisfies AAF's specified .critical determining factors), and (3) to what degree the alternative would have impacts to key environmental resources." Comment: What is the purpose and need of the project? Who and what determines whether the alternative is practicable to construct and operate? What are the RAF's critical determining factors? What degree is considered to have impacts or not to key environmental resources? Section 3.2.1.1 states, "...a 300 -foot wide corridor centered on the track. This corridor includes the 100 -foot ROW in which direct consequences (losses) of the resource would be anticipated, and an additional 100 feet on either side of the ROW where indirect effects to the resource could occur." Comment: Environmental impact is within 300 foot width ---there are many homes and businesses within 300' of the corridor in Sebastian. This was not addressed within the North-South Corridor and the area along the City of Sebastian. Please address. Section 3.2.1.3 states, "The CSX Route Alternative does not meet the Project purpose. Trip times would exceed the 3 -hour target." Table 3.2-1 Screening Analysis Results — Level 1 Route Alternatives. Comment: The purpose is not stated. What is the purpose and the time of the CSC route? Comment: Under FECR columns clarify: What is meant by "Partial" for sections: "Use of Existing Infrastructure" and "Train Signaling and Control Systems". Comment: Under FECR columns, how were the quantities calculated for sections: Environmental: Wetlands and Waterways — Amount of resource directly or indirectly affected (134 acres); Conservation Lands — Amount of resource potentially affected (5 miles); Threatened and Endangered Species — Number of habitats directly or indirectly affected (11). Section 3.2.2 states, "The FECR Route Alternative (connecting Orlando at the proposed GOAA Intermodal Station to the proposed AAF West Palm Beach Station) consists of a sequence of connected segments. The segments include the western terminus at MCO (the MCO Segment), the East-West Corridor (E -W Corridor), the connection between the E -W and the North-South Corridors (E- W/N-S Connector), and the North-South Corridor (N -S Corridor)." Comments to DEIS —1213114 5 Comment: There isn't any mention of an Alternate route within Indian River County and City of Sebastian crossings. Why? Section 3.2.2.1 states, "The total number of at -grade crossings would potentially impact train speeds as trains must reduce speeds in some areas with at -grade crossings;" "New at -grade crossings would add to the Project cost and would impact traffic on local roads. Improvements or widening of existing at -grade crossings would also impact Project cost. The number of at -grade crossings for each alternative was estimated using GIS mapping." Comment: What is the total number of at -grade crossings? Comment: What are the costs for the safety improvements at each grade crossing and what are the cost for the seal corridor safety improvements? Section 3.2.2.6: Table 3.2-2 presents the results of the Level 2 screening analysis. Column Criterion "At -Grade Crossings" number of new or extended crossings states a number "8" under column 2A. Comment: Why weren't impacts evaluated to street crossings and the nearby intersection of US1 within Indian River County and the City of Sebastian? Comment: What does the number "8" represent? Comment: Explain the 2A, 213, 2B GOAA and 2C. Comment: Under Threatened and Endangered Species — Number of habitats directly or indirectly impacted under 2B states "11". Where are the 11? Section 3.3.2 states, "3.3-1 shows the future freight operations within the FECR Corridor that would occur in the absence of the Project. " Comment: Table 3.3-1 illustrates in 2013 there are 14 trains on average. Total existing trains 14" is not consistent in DEIS. Section 3.3.2 states, "Currently, the prevailing train control system on the FECR Corridor is commonly known as a "cab with wayside" type system. It utilizes wayside color light signals at interlockings that control safe switching trains from mainline track to mainline track to controlled sidings. The control system is "route -signaling" augmented y in -cab.... FECR is required by FRA regulations to implement a new signal system that will provide positive train control (PTC) by 2015 (49 CFR Part 229). PTC systems are integrated command, control, communication, and information...." Comment: How does PTC coordinate at existing traffic signal crossings with the existing traffic signal systems along US 1 which are operated by local agency or FDOT? Comments to DEIS —1213114 6 Section 3.3.3 states, "A new signal system would be implemented as part of the Project that will provide a PTC overlay system with a back office server in the operations control center to achieve compliance with 49 CFR part 229." Comment: State how train PTC System will work with the existing traffic signal systems since they are two different systems? Section 3.3.3.3 — North-South Corridor — "The approximately 128.5 miles of the N -S Corridor between Cocoa and West Palm Beach (3.3-3) is part of a larger existing 351 -mile system currently operating as a freight railroad." Comment: What are the project miles within Indian River County and within the City of Sebastian? Section 3.3.3.3 states, "The proposed improvements include upgrades to bridges and grade crossings, as .well as new signalization, new communication systems, and PTC systems. ... The new construction and improvements proposed along the FECR Corridor are: Improve approximately 128.5 miles of rail line; ... Eight miles of new third track; Upgrade highway and pedestrian crossings; and upgrade signals and grade crossings." Comment: Where are pedestrian crossings and safety upgrades for the grade crossings within the City of Sebastian since the city has identified to AAF sidewalk improvements to the three grade crossings on Barber Street, Schumann and Main Street? Section 3.3.3.3 states, "Drainage would be accommodated using an existing channel along the east or west side of the ROW. In some cases, this would require relocating existing drainage channels within the ROW"; "At -Grade Crossings — There are approximately 170 highway -rail crossings within the N -S Corridor, of which 159 are at -grade and 11 are grad e-separated"..."FECR is responsible for maintenance of the crossing equipment. Each affected highway - rail grade crossing will go through a diagnostic team review to determine the appropriate level of warning. To mitigate noise impacts from train horns AAF has committed, as part of the Project description, to install pole -mounted horns at all highway -rail grade crossings on the N -S Corridor and the WPB -M Corridor unless the community establishes a quiet zone." Comment: Where is the report and findings from the Field Diagnostic Review that was completed on July 14m 2014? Where is the report and findings for the safety improvements and grade crossing improvements in Indian River County? Comment: The DEIS did not address the cities that have submitted for the Notice of Intent for Quiet Zones and how does that differ from the AAF sealed corridor improvements? The DEIS needs to identify and address the quiet zones and sealed corridors. Comments to DEIS —1213114 7 Comment: Project Mitigation is to install pole mounted horns? Are these wayside horns? Where will they be located? Section 3.3.3.6 states, "Positive Train Control (PTC) System — AAF will implement a PTC system throughout the Project, including the E -W Corridor between Orlando and Cocoa, and the N -S Corridor between Cocoa and Miami. The new PTC system will be interoperable between the AAF and FECR trains. AAF will outfit 55 FECR locomotives as well as its own locomotives to avoid any incompatibility issues.... AAF will use the existing FECR Radio Base Stations. Parallel additional 11 towers in the planning process.$$ Comment: Where will the towers be located? Specify sites and heights. Section 3.4 Operations — Table 3.3.9 — The projected Average Passenger Rail Operating Speeds by County indicate in 2013/2016 Freight No -Action Alternative speed at 38.57 mph; in 2016 Freight (with Project) 43.45 mph, and 2016 Passenger speed at 103.34 mph. Comment: The Freight and Passenger speeds vary in other reports. Alternatives Considered in this DEIS Why aren't the tracks being built in the center of the state, along 1-95? Why weren't overpasses considered for certain railroad crossings? Environmental Effects What are the environmental effects for the City of Sebastian? Land Use and Transportation Section 4.1 states, "The Project Study Area for land use includes the 50 -foot wide existing track bed along the N -S Corridor plus 125 feet on either side (east - west) (east and west) and a 50 -foot central track bed plus 125 feet on either side (north -south) for each of the E -W Corridor alternatives"; "Indian River County: Commercial and Services, Industrial, and undeveloped lands." Comment: 125' + 125' + 50' = 300'; Note: The study corridor width is 300' wide, why are homes and businesses within the 300' not addressed? Comment: What about residents, homes and mobile homes within the 300' width in the City of Sebastian? Comments to DEIS —1213114 8 Section 4.1 states, "The N -S Corridor passes through several incorporated municipalities: Cocoa, Melbourne, Vero Beach, Fort Pierce, Jupiter, Palm Beach Gardens, Riviera Beach, and West Palm.—The existing FECR Corridor traverses established and heavily developed areas of the three counties. Land uses transition from high density, central business district urban, to medium density residential, to industrial and commercial uses." Comment: The City of Sebastian was not included. Why? Section 4.1 — Land Use Plans states, "Table 4.1.1-1 lists the relevant land use plans for those counties crossed by the Project." The Table 4.4.4-1 lists various counties and cities master plans. Comment: The City of Sebastian has a Comprehensive Master Plan. DEIS does not include it. Why? Section 4.1.2.1 states, "The existing freight traffic consists of an average 15 trains per day with a low of nine daily trains on Saturday and a high of 17 daily trains Tuesday through Thursday." Comment: This statement does not match page 3-26 —14 trains average. Section 4.1.2.6 states, "The N -S Corridor crosses 159 roadways at grade between Cocoa and West Palm Beach (AAF 2013c)." Table 4.1.2-3. Comment: The statement above is not consistent with the statement between pages 3-37 stating 170 roadways and 11 grade separations. Explain. Section 4.1.2.6 Table 4.1.2-4 shows 18 Crossings in Indian River County. Comment: The total train crossings are not consistent with page 4-8 which has has 14 trains and not 18? Section 4.1.3.2 states, "St. Sebastian River is a tidal waterway on the border between Brevard and Indian River Counties." Comment: The St. Sebastian River is within both Brevard and Indian River County. Section 4.2.1 states, "The primary type of emissions contributing to air pollution in the Project Study Areas is mobile source emissions from combustible engines such as automobiles. Table 4.2.1-3 shows existing mobile source emissions for 2008, the most recent year available, for the Phase 11 Project area." Comments to DEIS —1213114 9 Comment: Was a comparison study conducted regarding the figures shown for Indian River County emissions of CO, NO.? If so, where is the comparison? If not, why wasn't it conducted? Section 4.2.2.1 states, "Environmental noise fluctuates over time, so noise levels over a stated period of time (1 hour) are commonly represented by the "equivalent sound level," Leg. The "day -night average" sound level (Ld„) is a noise metric that represents the equivalent sound energy over a 24-hour period, with a 10 -db penalty added to noise events occurring between 10:00 PM and 7 AM. This penalty is intended to compensate ..." Comment: What about the increment impact of train horns X 32 trains and the freight trains X 14, or X 18? Section 4.2.2.2 states, "Vibration that propagates into buildings can cause the floors, walls, and ceilings of a room to radiate sound called ground -borne noise (GBN). GBN normally is characterized as a low frequency `rumbling' sound. GBN is often not a concern for at -grade transit sources and buildings with windows and doors exposed to the transit sources because the contribution of noise from airborne paths can be more significant than the contribution of GBN. Comment: There needs to be more specific evaluations regarding soil types and how vibration passes through soil since soil material type determines propagation. Comment: Were any bores conducted and tested and at what depth? If so where and what were the results? Section 4.2.4.2 states, "Surrounding land uses include undeveloped, residential, commercial, and light industrial properties. As shown in Table 4.2.4-1, 337 potentially contaminated sites occur within 200 feet of the N -S Corridor." Comment: Where are these 337 locations? Section 4.3.2 is the section entitled 'Wild and Scenic Rivers". Comment: Where is Indian River Lagoon? Section 4.3.3.2 states, "Streams and waterways communities include rivers, creeks, canals, and other linear waterways. Freshwater rivers and streams cross the E -W Corridor, the N -S Corridor..." Comment: What about the Indian River Lagoon? Section 4.3.4.2 Table 4.3.4-2 indicates that the St. Sebastian River is located in St. Lucie County." Comments to DEIS —1213114 10 Comment: The St. Sebastian River is located in Brevard and Indian River Counties. Section 4.4.1.2 states, "The N -S Corridor is within the existing FECR Corridor, and passes through numerous incorporated municipalities: Cocoa, Melbourne, Vero Beach, Fort Pierce, Jupiter, Palm Beach Gardens, Riviera Beach, and West Palm Beach. Among these municipalities, West Palm Beach has the highest population (98,795), while Vero Beach has the lowest total population (15,664) (USCG 2011)". Comment: What happened to the City of Sebastian? The City has a population of approximately 24,000. Section 4.4.1.2 states, "Vero Beach's tourist attractions are an important part of the city's economy and the greater region known as the "Treasure Coast" (Vero Beach, Florida n.d.). Recreational activities and attractions in Vero Beach including golfing, water sports, fishing, beaches, museums, and nature tours (Visit Florida 2013b). Vero Beach has a land area of 11.4 square miles: its population density is approximately 1,374 persons per square mile (USCB 2013) Comment: Where are the tourist attractions and importance of the economy for the City of Sebastian? Comment: Consistency is lacking in the USCB dates, using population in years USCB 2011 but persons per square mile uses USCB 2013. Section 4.4.2.2 titled "Affected Environment". It states, "For this analysis, the minority or `non-White' population refers to persons who reported their ethnicity and race as something other than `White alone' during the 2010 Census (USCB 201Oa) ... and shown in Appendix 4.4.2-A." Table 4.4.2-1 Summary of the Minority/'Non-White' Populations per County shows population and percent for 'Non -White'. Comment: There is a large senior base population. Add seniors as an environmental justice. There are impacts to seniors, noise, vibrations and reaction time at crossings and medical transportation. Section 4.4.2.2 titled "Low Income". It states, "CEQ's guidance for environmental justice indicates that low-income populations in an affected area .... Table 4.4.2-3 Summary of Poverty Data Status in the past 12 months at the State, County, and Census Tract Level within the Project Study Area shows Indian River County's population for which Poverty is Determined at 134,445 with a population below poverty as 16,984 or 12.6%. In addition, it states that the Median Household Income is $46,363. Comment: Senior information needs to be included. Comments to DEIS —1213114 11 Section 4.4.4 titled Public Health and Safety with sub -section 4.4.4.1 {Methodology states, "Highway/rail at -grade crossing information was collected from the FRA Grade Crossings database (FRA n.d.). This database provides spatial crossing information that originates from the National Highway -Rail Crossing Inventory Program." Comment: There is no mention of the 7/23114 Field Diagnostic review of the crossing and proposed improvements. Section 4.4.4.2 titled Public Safety states, "The N -S Corridor crosses approximately 171 at -grade crossings. Two of these, located in Palm Beach County... Table 4.4.4-1 N -S Corridor At -Grade Crossing Accident Data by County states there were 31 at -grade crossings in Indian River County. Comment: Where were these incidents, at what street crossings? Comment: There isn't any mention of reduction of response time with increase of trains. There isn't any mention of reduction of response time with increase in trains at gate crossings. Comment: There isn't any mention of local police or fire response times or how response time will impact local emergency response time. The following are additional comments related to the DEIS. Navigation What improvements are being taken for the railroad bridge in the City of Sebastian or will a new bridge be built? If a new bridge is planned, when will the new bridge be built and what impacts will the building of the bridge have on the residents in the area of the bridge as well as the City of Sebastian? Comment: How will the new bridge affect boat traffic? Noise Were there noise studies conducted in the City of Sebastian and if completed when? If they were conducted why aren't they included in the appendix? If not why weren't they conducted? Comment: why were they not completed? Vibration Was there vibration studies conducted along the tracks in the City of Sebastian? If so, when and where are the results? If not, why were they not completed? Comment: Was there vibration studies conducted near residences and historical buildings or landmarks? If not, why? Comments to DEIS —1213114 12 Hazardous Materials and Solid Waste Disposal What type of safety measures are in place for the safety of pedestrians and vehicles? Comment: What preventative measures are in place in the event there is a derailment and/or a spill of hazardous materials/liquids since the lagoon, river and ocean are in the proximity of the railroad tracks? Threatened and Endangered Species Comment: What environmental procedures are being taken to protect the scrub jays, tortoises, manatee, and trees within the City of Sebastian since there are conservation areas close to the railroad tracks? AAF did not contact the City to find out where the protected areas are located. Communities and Demographics Comment: The map displayed at Indian River State College on November 5, 2014, did not name the City of Sebastian let alone any other City along the railroad tracks in Indian River County. Why? Economic Conditions According to an article on the St. Johns Water Management District website entitled, "The Indian River Lagoon: An estuary of national significance," states, "The Indian River Lagoon is a diverse, shallow -water estuary stretching across 40 percent of Florida's east coast. Spanning 156 miles from Ponce de Leon Inlet in Volusia County to the southern boundary of Martin County, the lagoon is an important commercial and' recreational fishery and economic resource. The total estimated annual economic value of the lagoon is $3.7 billion, supporting 15,000 full and part-time jobs and providing recreational opportunities for 11 million people per year. The people attracted to the lagoon by its features — its vast diversity of marine life, plants and animals; temperate climates; accessibility and direct links to the Atlantic Ocean — have changed those characteristics over the last century and particularly within the last 50 years. Throughout recorded history, there have been fish kills, algal blooms and changes in water quality. The lagoon has had a natural ability to absorb a certain amount of pollutants. However, when overloaded, the lagoon suffers. Comment: Explain why the City of Sebastian was excluded. Comment: Explain how the increase in freight trains and high speed passenger trains provide benefits to the City of Sebastian as well as Indian River County and Vero Beach? Comments to DEIS —1213114 13 Comment: What will happen to the second set of tracks if the high speed passenger train is not profitable and fails? Comment: Who will pay for the loss in property value with the additional tracks and the increased freight train trips and high speed passenger trips? Comment: Who will pay for the maintenance of the railroad crossings? Comment: What does maintenance programs are in place for the track, anti - vibration pads, RR crossing facilities, etc.? How often will the tracks be inspected? Comment: How many passengers are anticipated for all 32 trips? What is the price of a ticket? What kinds of profit margins are being considered so the high speed train reports a profit? And if this is not profitable, who will be using the tracks? Public Health and Safety Comment: What type of safety measure such as quiet zones, quad gates, pedestrian gates, anti -vibration pads, sound walls, etc. were or are considered along the railroad tracks in residential area? Comment: Due to the hospital and physician office being on the east side of the tracks and the residence on the left, how long will it take for a freight train to pass through a station? A freight train even 1 mile long will block all main intersections in the City of Sebastian which will prevent emergency vehicles from crossing the tracks. Therefore, what are the lengths of the freight trains traveling through the City 20 times a day? Will the trains be 2 miles long? Comment: How fast will a freight train travel? How fast will the freight train be traveling if 2 miles in length? What are the plans for increased freight service in the future? Comment: What safety measures are in place for the high speed passenger train if it derails? What will the speed of the high speed passenger train be as it travels through the City of Sebastian? Cultural Resources S-18 last paragraph, states that, "The Project will not adversely affect ("use") any public parks, recreation areas, or wildlife refuges. Collectively, these properties are protected under Section 4(f) of the Department of Transportation Act, as are historic properties." Comments to DEIS —1213114 14 Comment: AAF representatives for the DEIS never attempted to contact local expert historians from the Sebastian Historical Society to discuss historical buildings, landmarks, etc. Instead, information that was provided from all other Southern Counties and cities was used which was their attempt to mask the lack of Indian River County participation. The DEIS is not reflective of the City's cultural heritage information. This is unacceptable. Comment: It fails to recognize any historic sites in the City of Sebastian. This needs to be addressed. Comment: The study needs to determine if the vibration of the freight trains and high speed trains will damage historical buildings, landmarks, etc.? Recreation and other Section 4(f) Resources S-18 last paragraph, states that, "The Project will not adversely affect ("use") any public parks, recreation areas, or wildlife refuges. Collectively, these properties are protected under Section 4(f) of the Department of Transportation Act, as are historic properties." Comment: The DEIS fails to recognize any recreation, public park areas or wildlife refuges in the City of Sebastian. This needs to be addressed? Comment: The DEIS fails to recognize the Indian River Lagoon in the City of Sebastian. This needs to be addressed. (See article in section "Economic Conditions".) Visual and Scenic Resources S-19 Visual and Scenic Resources states, "viewsheds along "N -S" Corridor would remain primarily unchanged." Comment: This area of the document addresses mostly those areas along SR528 while barely noting the railway immediately adjacent to US 1 that runs from Wabasso (in Indian River County) to Roseland Road. It fails to mention the Indian River Lagoon, Riverview Park or Indian River Drive impacts. Technical review comments on the Draft Transportation and Railroad Crossing Analysis for AAF dated September 2013 by AMEC Consultants 1. The introduction needs to provide information regarding the AAF field review diagnostic on the North-South corridor, mainly the 32 railroad crossings with Indian River County and the 7 crossings within the City of Sebastian which took place on 7/14/2014 with representatives from FRA, FEC, FDOT and the local agencies. Comments to DEIS —1213114 15 2. The introduction should include a description of the 32 railroad crossings within Indian River County and the local cities of Vero Beach and Sebastian and the safety improvements required at each of the railroad crossings to ensure a safety seal corridor as mentioned by AAF during public workshops and presentations. 3. Existing Rail and Bus System needs to include a list of all existing transit services and providers along the North-South corridor. It should include the transit service within Indian River County and City of Sebastian known as the Go -Line Transit Service which is provided by the Senior Resource Service. It crosses all 7 crossings within the City of Sebastian. 4. Existing Roadway Network — Table 2-2 contains existing street connections to 1-95. It should also list all other parallel regional streets such as US 1, Old Dixie Highway and Indian River Drive within Indian River County and the City of Sebastian. In addition, the Table identifies a segment Level of Service (LOS), but does not identify the location of this segment LOS in relation to the railroad crossings or the street segment. 5. Existing Highway Rail Grade Crossings — Table 2-3 provides a summary of total existing street crossings by County. The number of crossings in Indian River County is listed as 30 crossings, but the actual number of rail crossings within Indian River County is 32 crossings per the AAF field diagnostic data list provided by FEC and AAF for the field review completed in July 14, 2014 which identified design improvement plans that are still not available for review. 6. The FEC/AAF Field Diagnostic Report and improvement plans for each of the North-South Corridor crossings within Indian River County and the City of Sebastian needs to be included with this report and the DEIS to allow for public and local agency review comments 7. Section 3 Railroad Crossing Analysis identifies Indian River County. It should include all the existing regional roadways with AADT within Indian River County and City of Sebastian such as Barber Street, Schumann Drive, CR 512 EB, CR 512 WB and Main Street as well as any pedestrian counts at these crossing. Q Comments to DEIS —1213114 8. As noted in comment 7, the additional regional street crossings within the City of Vero Beach and City of Sebastian should include aerial maps of the these street crossings with AADT per the field diagnostic study conducted on July 14, 2014 and any safety. Street crossing improvements need to be shown on these aerial plans to allow the public and local agencies to review and provide comments on the crossing improvements as it relates to the local streets. 9. Traffic Data — Where are the traffic counts for the streets within the City of Sebastian which include Barber Street, Schumann Drive, CR 512 EB, CR 512 WB and Main Street that were conducted with the field diagnostic study? 10. The Traffic Data identifies a standard 2% truck (heavy vehicle factor) which is low for streets such as CR 512. CR512 is the only regional access into the City of Sebastian and therefore needs to be verified and revised. 11. The DEIS noted traffic signal system improvements needed at street crossings within the North-South Corridor. These improvements need to be identified in this Railroad Crossing Analysis as well as any improvements to the signal timing system. They need to be shown to allow for a technical review from the public and local agencies. 12. The FRA On-site Engineering Field Report — Part 1 dated March 2014 needs to be mentioned and included in the Railroad Crossing Analysis of the DESI document since it identified specific technical safety improvements relating to the crossings and the seal corridor. 13. The identified percentage for the manual turn movement counts need to be justified with actual turn counts to validate these percentages for turn movements within the City of Sebastian intersections. 14. Need to provide the support data or analysis regarding how some of the train data shown on Table 3-1 were determined, such as the "time to clear crossing of 5 sec" and "maximum closure time per hour of 1.7" Comments to DEIS —12/3/14 17 15. The Traffic Operational Analysis identifies using the Level of Service (LOS) per ICU method which is not used by FDOT and most local agencies when determining LOS for intersections and street segments. FDOT uses the Highway Capacity Method to determine LOS. Review and correct using the correct method. 16. Add tables to show the Level of Service (LOS) for the intersections and segments within the City of Sebastian at the railroad crossings along Barber Street at US 1, Schumann Drive at US 1, CR 512 EB at US 1, CR 512 WB at US 1 and Main Street at US1. In addition, add a street segment LOS at these street crossings showing the approach queue values. 17. Construction impacts should identify the impacts to the local street crossings and the adjacent intersections of US 1 to the street crossings in the City of Sebastian at US 1 and Barber Street, Schumann Drive, CR 512 EB, CR 512 WB and Main Street. 18. Regional Roadway Network impact needs to include the regional roadway crossings of Barber Street, Schumann Drive, CR 512 EB, CR 512 WB and Main Street and the adjacent parallel regional roadway of US 1 which is the only North-South corridor within the City of Sebastian. 19. Local Vehicular Transportation Impacts need to include the regional roadway crossings of Barber Street, Schumann Drive, CR 512 EB, CR 512 WB and Main Street as well as the adjacent parallel regional roadway of US 1 which is the only North-South corridor within the City of Sebastian. 20. Table 4-1 needs to include all of the street crossings and needs to include the regional roadway crossings at Barber Street, Schumann Drive, CR 512 EB, CR 512 WB and Main Street as well as the adjacent parallel regional roadway of US 1 which is the only North-South corridor within the City of Sebastian. 21. Table 4-2 shows the total number of crossings to be 30 within Indian River County; however the correct number is 32 crossings per the AAF/FEC field diagnostic review study. r ,4 Comments to DEIS — 12/3/14 18 22. Summary and reference need to note the AAF field review diagnostic on the North-South corridor, mainly the 32 railroad crossings within Indian River County and the 7 crossings within the City of Sebastian, The AAF field review diagnostic took place on 7/14/2014 with representatives from FRA, FEC, FDOT and the local agencies 23.The summary and report should have addressed pedestrian crossings at all of the street crossings within the corridor and in the City of Sebastian since the City has sidewalk design plans for each of the railroad crossings at Barber Street, Schumann and Main Street. Address this. 24.Barber Street grade crossing, in the City of Sebastian, is not officially listed in the FRA inventory of railroad crossings, so why was this not identified in the DEIS or the Additional Railroad Crossing Analysis? The City of Sebastian encourages the Federal Railroad Administration, the All Aboard Florida consulting firm, and All Aboard Florida principals Final EIS incorporate provisions that will address the issues outline in the response document and in every other DEIS response document provided by organizations and individuals in the City of Sebastian, Florida. Respecffully submitted, f Frank Watanabe, City Engineer Joe Griffin, City Manager cc: File