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Home My WebLink About06-24-2020 CC AgendaINSTRUCTIONS FOR PARTICIPATION USING COMMUNICATIONS MEDIA TECHNOLOGY CAN BE FOUND ON PAGE 6 PLEASE CONTINUE TO CHECK THE CITY'S WEBSITE AND FACEBOOK PAGE FOR ANY UPDATED INSTRUCTIONS CITY OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & BOARD OF ADJUSTMENT & COMMUNITY REDEVELOPMENT AGENCY AGENDA WEDNESDAY, JUNE 24, 2020 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are on Back of Agenda 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE — Led by Council Member Gilliams 4. READING OF CIVILITY PLEDGE WE WILL BE RESPECTFUL OF ONE ANOTHER EVEN WHEN WE DISAGREE. WE WILL DIRECT ALL COMMENTS TO THE ISSUES. WE WILL AVOID PERSONAL ATTACKS. 5. ROLL CALL 6. AGENDA MODIFICATIONS Modifications for additions require unanimous vote of City Council members 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. Brief Announcements Reminder — 4th of July Fireworks have been postponed to September 5th 8. Recess the Citv Council Meetinq and Convene the Board of Adjustment Hearinq, pgs A. Approval of January 8, 2020 Board of Adjustment Minutes 1 of 113 B. Quasi -Judicial Public Hearing Adopted Quasi -Judicial Public Hearing Procedures: • Chairman opens hearing • Attorney reads title of request • Board discloses ex-parte communication • City Clerk swears in all who intend to provide testimony • Applicant makes presentation • Staff presents findings and analysis • Board asks questions of the applicant and staff • Chairman opens the floor for anyone in favor of the request • Chairman opens the floor for anyone opposing the request • Applicant provided opportunity to respond to issues raised by staff or public • Staff provided opportunity to summarize request if needed • Board deliberation and questions • Chairman calls for a motion JOSEPH AND JULIA SCOZZARI, IN REGARDS TO LOT 26, BLOCK 381, SEBASTIAN HIGHLANDS UNIT 11, LOCATED IN THE RS-10 (RESIDENTIAL SINGLE-FAMILY) ZONING DISTRICT AT 1411 THORNHILL LANE, ARE REQUESTING A VARIANCE TO ALLOW AN EXISTING 1728 SF ACCESSORY STRUCTURE TO BE CONSIDERED THE PRINCIPAL STRUCTURE OF THE LOT FOR STORAGE USE, WHEREAS THE CODE DEFINES A DWELLING UNIT TO BE DEEMED THE PRINCIPAL STRUCTURE IN A RESIDENTIAL ZONING DISTRICT, AND WHEREAS THE CODE DOES NOT ALLOW A STORAGE FACILITY [AS THE PRINCIPAL STRUCTURE] AS A PERMITTED OR CONDITIONAL USE IN THE RS-10 ZONING DISTRICT. (Transmittal, Report, Criteria, Exhibits, Application, Notice) 9. Recess the Board of Adiustment Hearing and Convene the Communitv Redevelopment Agencv Meetinq A. Approval of the February 26, 2020 CRA Meeting Minutes 20.080 B. Approve Sidewalk Replacement at Riverview Park under the Timothy Rose Contracting, Inc. Concrete Construction Service Agreement in the Amount of $78,622.36 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Quote, Bid, Plan, Minutes Excerpt) 10. Recess the Communitv Redevelopment Aqencv Meetinq and Reconvene the Reqular Citv Council Meetinq 11. 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. 20.081 A. Approve Sole Source Purchase of Police Carport from Carolina Carports in the Amount of $22,747.50 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Letter, Quote) 20.082 B. Approve the Sole Source Purchase of Ten (10) Mobile Radio Systems to Install in Police Patrol Vehicles from Communications International in the Amount of $30,612.11 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Letter, Quote) 2 of 11 i 20.083 C. Approve Alcoholic Beverages for Nowlin Family Event at Yacht Club on 7/11/20 from 3:00 p.m. to 7:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) 12. 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. 20.084 A. IRC Affordable Housing Committee — Council Member Gilliams (Committee Agenda Item, 2019 Report) i. Request for municipalities to review/update their regulations to encourage development of more housing that is affordable to various income groups 20.085 B. Parks Integrated Pest Management Plan Update (no backup) 13. PUBLIC HEARINGS 14. UNFINISHED BUSINESS 15. PUBLIC INPUT The heading on Regular Meeting agendas "Public Input' provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 16. NEW BUSINESS 20.052 A. Approve a Pre -Construction Services Agreement with Wright Construction Group, Inc. (RFQ #18-09) for the Design Build of the Municipal Garage and Public Facilities Compound near the Sebastian Airport in the Amount of $446,335.00 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Agreement, Proposal, Minutes Excerpt) 20.085 B. Approve Piggyback Purchase of Florida State Contract #21100000-15-1, Agriculture and Lawn Equipment to Replace an Athletic Field Groomer in the Amount of $19,006.59 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Quote, Intent, Price List, Contract) 20.086 C. Approve Piggyback Agreement with M.T. Causely, LLC — a SAFEbuilt Company for As Needed Building Inspection and Plan Review Services - Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Proposed Agreement, Intent, Astatula Minutes Excerpt) 20.077 D. Discussion Regarding the Approved and Codified Recycling Ordinance 0-19-07 for the Industrial Zoning District — Per Council Member Parris (Transmittal) 17. CITY ATTORNEY MATTERS 20.077 A. Warrior Salvage Investigative Packet (Transmittal) 18. CITY MANAGER MATTERS 19. CITY CLERK MATTERS 3 of 11 i 20. CITY COUNCIL MATTERS A. Council Member Gilliams B. Council Member Hill C. Council Member Parris 20.010 i. Budget Adjustment for Vegetation Removal D. Vice Mayor Mauti E. Mayor Dodd 21. ADJOURN (All meetings shall adjourn at 9:30 p.m. unless extended for up to one half hour by a majority vote of City Council) HEARING LOOP INSTALLED. SWITCH HEARING AID TO T-COIL. HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are aired live on Comcast Channel 25, ATT UVerse Channel 99 and streamed on City of Sebastian Website www.cityofsebastian.org. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Future Council Meeting Dates: July 8, 2020 — Regular City Council Meeting — 6:00 pm July 22, 2020 — Regular City Council Meeting — 6:00 pm August42,2020 Regular City o nc-il-Meeting CANCELLED TO ACCOMMODATE EARLY VOTING August 26, 2020 — Regular City Council Meeting — 6:00 pm 4 of 11 i PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-20-02 Reqular Citv Council Meetinqs Public input is ALLOWED under the headings: ✓ Consent Agenda ✓ Public Hearings ✓ Unfinished Business ✓ New Business ✓ Public Input Public input is NOT ALLOWED under the headings: ✓ Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); ✓ Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); ✓ City Council Matters ✓ Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetinqs. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealinq Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Headinq on Aqenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 5 of 115 Ways To Do Public Input As of May 14th, 2020, all upcoming board and council meetings held by the City of Sebastian can be held by Virtual Meetings. Some or all elected officials or board members may choose to participate through video conferencing and members of the public will be provided with several options to participate in the meeting. These meetings will be broadcasted live on Comcast Channel 25, ATT Channel 99, the City's website (www.cityofsebastian.org/live), Facebook(https:Ilwww.facebook.com/cityofsebastianilive), UStream (https://video.ibm.com/channel/channel25), YouTube(https:llwww.youtube.com/sebastianflorida/live). For members of the public to participate in these virtual meetings, they will have the following options: To participate in Virtual Meetings (NOT INCLUDING ANY QUASI-JUDICIAL HEARINGS) please use the following methods: 1. Maximum Densitv Capacity as allowed by the Governor DeSantis Executive Order Number 20-52 & 20-112 Meetings will be conducted in accordance with the Governor DeSantis Executive Order Number 20-52120-112. Thus, members of the public that want to be heard will be able to do so. Because of social distancing guidelines, there are only 26 seats available within the city council chambers. These seats will have ADA preference given to them. Additionally, will be no available seating in the atrium (Lobby). There will seating will be available outside of the city hall in the courtyard with a television and speakers. Please see a member of staff, when you arrive, if you are planning on speaking or need anything relating to ADA at least 48 hours in advance. All public speaking will be done inside the chambers using a special microphone setup that will allow public input while making sure that there are no surfaces to be touched. In order to provide an orderly manner of input, we will be giving out numbers. These numbers will be called in order so that we can allow people to queue (line-up) while maintaining appropriate social distancing. There will be marks on the floor where someone can stand while waiting for their turn. At all times, members of the public must strictly adhere to the mandates of EO 20-83 and must keep the appropriate social distancing of a minimum of six (6) feet at all times. The City will NOT be providing any face coverings, please bring your own. 2. Zoom Webinar - Audio Particioation Possible Durinn The Meetinq Via the Zoom.us Application (must be installed on computer or phone) When the agenda is published, the Zoom.us information should be included with it, as well as it being listed with the agenda on the city's website. This information will include a link will be provided for those who wish to view or participate in virtual meetings in a timely manner. There will also be telephone numbers. You can dial any of the numbers provided with the zoom information, and then entering the Webinar ID for the meeting when prompted. The Webinar ID will be provided in a timely manner for upcoming virtual meetings. G0Uie1 M-ORMA"I1Uiv l W 1 iiL JUNE 24. 2020 — RFGULAR CITY COUNCII MFETfNG Please click the link below to join the Webinar: https:llus02web.zoom. uslj/87626422790 Or iPhone one -tap : US:+13126266799„87626422790# or+19294362866„87626422790# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 312 626 6799 or +1 929 436 2866 or +1 301 715 8592 or +1 346 248 7799 or +1 669 900 6833 or +1 253 215 8782 Webinar ID: 876 2642 2790 International numbers available: https:/IusO2web.zoom.us/u/kbT7uvelcf 6 of 113 Attendees may be allowed to speak, when called on, by raising their hands (via the app or by pressing k9 while dialed in) and then waiting for permission to speak. More information can be found on the City's Website at http:l/www.cityofsebastian.org/imageslZoomTipsRaiseHand- 1587151643835. pdf More instructions may follow as needed. If you are having issues with the online virtual meeting, please contact us at 772-388-8226 or email us at costs@costv.cityofsebastian.com and we will attempt to assist you. Please visit the website for detailed instructions on how to provide public comment using any of the previously mentioned options. 7 of 113 Parliamentary Procedures Workshop Board of Adjustment & Regular Council Meeting January 8, 2020 Page Three Bob Stephen asked if the City Manager wasn't doing his job, did he have to wait until the next Council meeting to talk to Council. Mayor Dodd advised him to speak under public input at a Council meeting or call the hotline number to begin a paper trail. It was the consensus of City Council to move up Public Input after the Consent Agenda or Committee Reports through a revision of the resolution. Mayor Dodd reviewed that a Council Member has the power to brine an item to Council and then turn the power to Council who can then act on the item and then give it to the Charter Officers for implementation. Being no further business, Mayor Dodd recessed the workshop at 5:45 p.m. 5. ADJOURN WORKSHOP & CONVENE REGULAR CITY COUNCIL MEETING Mayor Dodd reconvened the Regular City Council Meeting at 6:01 p.m. All Members except Council Member Hill were present. 6. AGENDA MODIFICATIONS Modifications for additions require unanimous vote of City Council members MOTION by Mayor Dodd and SECOND by Council Member Gilliams to add item #13a requesting to lift the spraying moratorium in order to spray the bailfields. Council Member Gilliams said he would not vote for the additional item and requested the information be placed on the next agenda so they would have time to review the material. No further action was taken. 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, cerlifrcales and awards. and brief timely announcements by Council and Staff. No public input or action under this heading. Brief Announcements January 11 — Craft Club Show in the Park -- 10 am to 3 pm January 18 to 19 — Sebastian River Fine Art and Music Festival in Riverview Park January 16 to 19 — Fellsmere Frog Leg Festival in Sister City Fellsmere Mayor Dodd announced the upcoming events and the City Manager added the Indian River County Executive Roundtable Committee would be holding their 5K Run Saturday at the Fellsmere Preserve which will support the underserved youth of Indian River County. At 8. ADJOURN CITY COUNCIL MEETING AND CONVENE BOARD OF ADJUSTMENT MEETING Chairman Dodd adjourned the Regular City Council meeting and convened the Board of Adjustment meeting at 6:11 p.m. A. MOTION by Chairman Dodd and SECOND by Mr. Gilliams to approve the May 8, 2019 Board of Adjustment Minutes passed with a unanimous vote of 4-0. 8 of 113 Parliamentary Procedures Workshop Board of Adjustment & Regular Council Meeting January 8, 2020 Page Four B. Quasi -Judicial Public Hearinq L FRED AND GLORIA CLIFFORD REQUESTING A VARIANCE FROM SECTION 54-2-5.2.2(d)(5) OF THE SEBASTIAN LAND DEVELOPMENT CODE IN REGARDS TO LOT 45, SAN SEBASTIAN SPRINGS SUBDIVISION REPLAT, LOCATED AT 616 CROSS CREEK DRIVE. THE VARIANCE IS FOR AN EXISTING POOL SCREEN ENCLOSURE TO BE AT MAXIMUM 1.3 FEET FROM THE SIDE PROPERTY LINE OF A CORNER LOT. AND ENCROACH INTO A 5 FOOT UTILITY EASEMENT, WHERE THE REGULATIONS FOR THE RS-20 ZONING DISTRICT REQUIRES THAT STRUCTURES MAINTAIN A MINIMUM SETBACK OF 15 FEET FROM THE SIDE PROPERTY LINE. (Transmittal, Staff Report, Criteria, Exhibits, Application, Aerial, Notice) Chairman Dodd opened the public hearing and the City Attorney read Mr. and Mrs. Clifford's request. There were no ex-parte communications to disclose by the Council Members. The City Cierk swore in everyone that was to provide testimony. Mr. Clifford explained that they purchased house in December 2017 and a year later found out the 1998 pool enclosure was installed utilizing an old survey with a ten foot setback however today's code requires a fifteen foot setback. The Community Development Manager said the 1998 pool enclosure permit was issued in good faith, but now that Mr_ Clifford would like to sell his house, there may be a title insurance issue because of the encroachment into the setback and the utility easement. She said based on the Land Development Code definition, this was a considered a side yard encroachment requiring it to be 15 feet from the property line; they advised Mr. Clifford that he would need to see if the encroachment was okay with FPL and the homeowner's association (HOA). She said the backup included approval from both parties. She said staff did feel that the request met all of the criteria outlined on pages 19-21 of the agenda packet. She said if the enclosure was redesigned, it would have to meet the 15 feet setback and staff recommended approval. Mr. Gilliams stated the FPL letter cited the wrong lot number. The Community Development Manager gave him a copy of a letter with the corrected lot number and he noted the date should have been yesterday or today. The Community Development Manager noted the FPL letter was received within an hour of requesting the lot correction; the legal notice was published in the newspaper as well as 28 property owners were notified within 300 feet. She was also in receipt of approval submitted by the HOA's attorney. The City Attorney said the applicant has the responsibility to provide the information, Council could certainly request additional information, but at some point staff has to determine there is enough information provided. 9 of 113 Parliamentary Procedures Workshop Board of Adjustment & Regular Council Meeting January 8, 2020 Page Five Council Member Gilliams said staff should have checked the date of the FPL letter and the validity of the homeowner's document indicating the (HOA) board's consent. Ted Godfrey said the Cliffords are not responsible for the previous owner's violation nor should they be expected to bear any hardship to rectify the situation. He supported the request for a variance. (See statement attached) There was no one to speak in opposition. MOTION by Vice Chairman Mauti and SECOND by Ms. Parris to approve the variance. Roll call: Vice Chairman Mauit -- aye Mr. Gilliams — aye Ms. Parris — aye Mr. Hill — absent Chairman Dodd — aye Motion carried 4-0. 9. ADJOURN BOARD OF ADJUSTMENT MEETING AND RECONVENE REGULAR CITY COUNCIL MEETING 1K Mayor Dodd reconvened the City Council meeting at 6,36 p.m. All members were present except for Council Member Hill. 10. CONSENT AGENDA All sterns 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 — November 26, 2019 Special Council Meeting B. Approval of Minutes - December 11, 2019 Regular City Council Meeting 20,001 C. Approve Municipal Election Agreement between the Indian River County Supervisor of Elections and City of Sebastian for Calendar Year 2020 (Transmittal, Agreement) 20.002 D. Approve the Fiscal Year 2020/2021 Budget and Capital Improvement Program Calendar (Transmittal, Calendar) 19,063/20,003 E. Award Agreement to Guardian Community Resource Management, Inc. (RFP #19- 12) for CDBG Administration Services in the Approximate Yearly Expense of $20,000-$24,000 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Scoresheet, References, Response, Agreement) 20.004 F. Approve the Piggyback to Florida Sheriff's Association Contract #FSA18-VEH16.0 Cab & Chassis Trucks and Heavy Equipment to Replace a Caterpillar (CAT) 311 F Excavator with Attachments for the Public Works Department in the Amount of $182,793.00 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Quote, Notice of intent, Contract Info, Comparative Quotes) 10 of 113 Ma SE13T�v HOME OF PELICAN ISLAND BOA MEETING DATE BOARD OF ADJUSTMENT AGENDA TRANSMITTAL June 24, 2020 AGENDA ITEM TITLE: Scozzari Variance Request RECOMMENDATION: Conduct a quasi-judicial public hearing to consider a variance request for the property located at 1411 Thornhill Lane, Lot 26, Block 381, Sebastian Highlands Unit 11 Subdivision BACKGROUND: A variance to allow an existing 1,728 SF accessory structure to be considered the principal structure of the lot for storage use. The code defines a dwelling unit to be deemed the principal structure in a residential zoning district, and the code does not allow a storage facility [as the principal structure] as a permitted or conditional use in the RS-10 zoning district. Storage facilities are a permitted use in the Industrial zoning district. In accordance with Section 54-1-2.5, staff has provided a report detailing the request, applicable exhibits, the criteria established for determining variances, along with additional information to assist with your consideration. ATTACHMENTS: 1. Staff Report and Board Criteria 2. Exhibits A through J 3. Application 4. Public Hearing Notice If Aeenda Item Requires Expenditure of Funds: Total Cost: NIA Amount Available: NIA If Cost Requires Appropriation. NIA City Manager Authorization: Date: June 18, 2020 11 of 113 cm OF SEtokV HOME OF PELICAN ISLAND Community Development Variance Application - Staff Report 1. Project Name: Scozzari Storage Facility 2. Requested Action: A variance to allow an existing 1,728 SF accessory structure to be considered the principal structure of the lot for storage use; whereas the code defines a dwelling unit to be deemed the principal structure in a residential zoning district; and whereas the code does not allow a storage facility [as the principal structure] as a permitted or conditional use in the RS-10 zoning district. Storage facilities are a permitted use in the Industrial zoning district. (Exhibit A, Land Development Code (LDC) definition of a principal structure) (Exhibit B, Table 54-2-5.9 Land Uses by District Matrix for RS-10 and 1N) 3. Project Location a. Address: 1411 Thornhill Lane b. Legal: IRC Tax Parcel ID No. 31-38-25-00001-3810-00026.0 Lot 26, Block 381, Sebastian Highlands Unit 11 4. Project Owner: Joseph & Julia Scozzari 1401 Thornhill Lane Sebastian, Florida 32958 (772) 388-7453 5. Project Agent: Michael Sapoutn, Esq. Law Offices of Michael Sapourn, LLC 100 Rialto Place, Suite 700 Melbourne, Florida 32901 (321) 537-3175 6. Project Surveyor: William B. Zentz & Associates, Inc. Bill Zentz, PLS #5276 684 Old Dixie Highway Vero Beach, Florida 32962 (772) 567-7552 7. Project Description: a. Narrative and history of proposed action: The applicants purchased their residence at 1401 Thornhill Lane in 2003 (Lot 27), and the adjacent vacant lot to the north in 2013 (Lot 12 of 113 28). A few months later, in 2014, the two lots were formally unified together and a 288 SF pre-fab shed and fence were installed. Five years later the applicants purchased the three adjacent lots to the south (Lots 26, 25, & 24), two with improvements, and the southernmost lot vacant. (Exhibit C, Aerial, Parcel layout & Survey) The middle lot is improved with a 1,500 SF house built in 1980 (1421 Thornhill Lane, Lot 25), and on the lot to the north, Lot 26, the subject 1,728 SF accessory structure was built by that owner in 1994 as a detached garage with a connecting breezeway. LDC Section 54-2-7.5(a) states "No accessory structure shall be constructed or placed upon a lot until the construction of a principal structure has been started and no accessory structure shall be used unless the principal structure has received a certificate of occupancy." In 1994, when the resident of 1421 Thornhill Lane applied for his building permits for construction of the subject detached garage, city staff used at that time a "Route List" and a "Zoning Compliance Checklist" to process most building permit applications. Based on those documents found with the accessory structure's application, (Exhibit D, Permit application) (Exhibit E, application checklists)(Exhibit F, Inspection card), it appears a recorded Unity of Title form was required and submitted in order to unify Lot 26 to the principal structure at 1421 Thornhill (Lot 25), and that all other regulations were met in order to issue the permit. After the permit was issued, applicable inspections were performed. When the applicants contacted staff a few months ago inquiring if it was possible to join the detached garage to their property, staff relayed that a Release of Unity of Title separating Lot 26 from Lot 25 would most likely be needed, and an application for a variance would be needed since the existing detached garage did not meet today's regulations. However, after a considerable amount of research time, staff was unable to locate the recorded Unity of Title document that was required with the building permit in 1994 - not in the Official Records at the courthouse, nor anywhere within the city's property files. As such, it has been determined that the detached garage located on Lot 26 is not formally connected with any principal structure, and therefore is a non -complying structure and in non- compliance with the above referenced LDC code requiring a principal structure. On February P, 2020, the applicants submitted an application for a previous variance request to be able to unify the detached garage to their residence at 1401 Thornhill Lane as the required principal structure. On February 12t11, staff was also given and reviewed an application for a fence pen -nit on Lot 26, the non -unified Lot with the detached garage. Because the property is not currently unified with a principal structure, and a fence is also defined as an accessory structure, staff can not approve the fence permit as it would be an increase in the existing non -conformity of no principal structure. After reconsideration by the applicants, the variance application was formally withdrawn via an email on May 23`d by the applicants' attorney, Mr. Sapourn, and a new variance request was submitted on June 1st. Staff requested, and a clarification of the new variance application was received from Mr. Sapounr. (Exhibit G, 613120 Email) The applicants are currently requesting a variance to allow the subject accessory structure (1,728 detached garage) to become the principal structure of the property to be used for oil 13 of 113 storage use as a storage facility. Storage facilities are a permitted use in the Industrial zoning district, and not a permitted or conditional use in the residential districts. (Exhibit H, Photos of structure). b. Current Zoning: Current Land Use: C. Adjacent Properties: North: East: South: West: RS-10 (Single -Family Residential - 10,000 SF Lots) LDR (Low Density Residential, 5 units per acre) Zoning RS-10 RS-10 RS-10 RS-10 d. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Water Service: (4) Sanitary Sewer Service: S. Staff Comments: Current Land Use residence residence residence residence Future Land Use LDR LDR LDR LDR .23 acres, or 10,000 SF Accessory Structure/Detached Garage None None 1) If the subject accessory structure is allowed to become the principal structure, and the property remains as a stand-alone lot with no Unity of Title required, potential conveyance and assignment of the lot to a different owner is a possibility. A future property owner could then also use the structure as a private or rentable storage facility without owning a residence in the vicinity. Or the applicants could move from their current residence, and still own the lot and structure and use it for storage from a distance. Staff opines that this is not the intent of the land development regulations for the residential areas, and in fact, the reason why the requirement of a necessary principal structure is mandated. This requirement of a principal structure or main building, is found as far back as the 1974 Zoning Ordinances. (Exhibit 1, Applicable 1974 zoning ordinance pages) 2) As stated in the city's Comprehensive Plan Future Land Use element, specifically Objective 1-2.1, Plan and Design for Residential Quality, Policy 1-2.1.1 states: "Protect Residential Areas from the Adverse Impact of Transition in Land Use. Stable residential areas and moiected future residential areas as delineated on the Land Use Map shall be protected from encroachment by incompatible nonresidential development. This does not preclude necessary community facilities from locating within residential areas when such activities satisfy established criteria of this plan and the City's Land Development Code." Allowing a permitted accessory use (residential detached garage) to become the principal structure as a storage facility would be facilitating the encroachment of an industrial -defined use into a stable residential area. K, 14 of 113 3) With regards to a referenced Unity of Title hardship, numerous other residents have recorded the document to unify their adjoining lots. Land development decisions should not be considered based on suppositions that future bankruptcy may occur. Residents that have submitted building permit applications for larger detached garages for storage of their recreational vehicles on adjacent owned lots, and have recorded Unity of Title documents, also have the same risk to possibly suffer a foreclosure proceeding. However, one can also consider the valuable increase to a property that adds acreage and sought-after detached garages to its residence as not a hardship but a benefit. 9. Board Criteria for Determining Variances: See attached analysis. This criteria was also considered in determining staff s recommendation. Most important is Criterion #i, which states a variance cannot be granted to permit a use generally not allowed in the zoning district involved. The applicants have also submitted a response to the Board criteria. (Exhibit J) 10. Staff Recommendation: Based on existing Comprehensive Plan policies, Land Development Code regulations, and the criteria for determining variances not being met, staff recommends denial of the requested variance. 11. Board Action: Conduct quasi-judicial hearing to consider the requested variance. Dorri Bosworth, Manager/Planner Community Development Department ►s —� LZ D ate 15 of 113 BOARD CRITERIA FOR DETERMINING VARIANCES Section 54-1-2.5 In order to authorize any variance from the terms of the land development regulations, the Board of Adjustment must use the following criteria for approving or denying a variance: a. Existence of special conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. Meets Standard Yes ❑ No V The subject structure can be used as a residential accessory structure if properly unified to adjacent properties either north or south, each with existing residential principal structures. There are no special conditions or circumstances unique to this property which would necessitate the structure to become a storage facility on a stand-alone lot which could be conveyed and used in the future by a different owner. b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. Meets Standard Yes ❑ No V The decision to not unify subject Lot 26 with either adjacent Lot 25 or Lot 27, both with principal residential structures, is from the applicants, thus creating the hardship. C. Special privileues not conferred. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. Meets Standard Yes ❑ No The size of the subject structure (1,728 SF) could not be built today because of current regulations, and therefore the applicants are being given a special privilege not afforded to other property owners in the residential zoning districts, although the structure is existing. However, they applicants would be allowed to keep their existing 288 SF shed to the north of their residence, allowing them a total of 1,016 SF of additional accessory structure space over the maximum 1,000 SF allowed. There are no existing accessory structures in M residential zoning district, within the city limits, that are not connected to a principal structure, on the same lot or lots unified by a recorded document. 5 16 of 113 d. Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. Meets Standard Yes ❑ No C� The subject structure could be unified to either the residence to the north at 1401 Thornhill Lane (with a necessary staff supported variance), or the residence to the south at 1421 Thornhill Lane. A search of court records indicates there is not a mortgage note being held for the southern property. Both residences are owned by the applicants. e. Only the minimum variance granted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Meets Standard Yes ❑ No / Staff opines that there is no minimum variance that could be granted that would support a storage facility as the principal use in a residential zoning district. f. Not incurious to public welfare or intent of ordinance. That the granting of the variance will be in harmony with the general intent and purpose of the comprehensive plan and this code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. / Meets Standard Yes ❑ No Because of structures like this one, the LDC was changed to the current regulations for accessory structures. It is non -conforming and generally not in harmony with what is visualized for our residential districts. Furthermore, if allowed to be the principal structure of the lot, the intent and purpose of the Comprehensive Plan would not be met. Future conveyance of the lot, and possible use by a different owner for industrial -like activities could diminish the neighborhood and negatively affect property values. g. Conditions and safeguards may be imposed. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with chapter 163 F.S., the comprehensive plan, and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. Meets Standard Yes ❑ No V No conditions of approval are recommended. :1 17 of 113 h. Time limit may be imposed. The board of adjustment may prescribe a reasonable time limit during which the applicant shall commence and/or complete the subject actions and conditions approved by the board. Meets Standard Yes ❑ No No time limit is proposed. i. No use variance permitted in specified instances. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. Meets Standard Yes ❑ No ***The request is a use -related variance -- Storage facility in a residential zoning district, whereas storage facilities are a permitted use in the Industrial zoning district. *** 7 18 of 113 E,H1 1 LANGUAGE AND DEFINITIONS § 54-5-22. A1_- Porch. An open-air roofed structure surrounded by a railing or other retaining device which is located along the facade of a building at any level. A porch shall include columns, which support its roof and floor. Precision instrument runway. A runway having an instrument approach procedure utilizing an instrument landing system, microwave landing system or a precision approach radar including a runway for which such a system is planned and is so indicated on an approved civil or military airport layout plan, other FAA planning documents, or comparable military service planning documents. Premises. Any land together with any buildings, structures or other appurtenances occupying it. Principal building. A building in which the principal use of the property is located. Principal structure. A building occupied by the principal use of the premises or lot. In a residential district any dwelling shall be deemed to be the principal building on the lot where it is located. An attached carport, shed, or garage with one or more walls or a part of one wall being a part of the principal building andFstructurally dependent, totally or in part, on the principal building, shall comprise a part of the principal building and be subject to all regulations applied to the principal building. Principal use. The primary use and chief purpose of a lot or structure. Proceeding in good faith. Tangible and continuing actions taken by an applicant of an approved final development order to perform actual project construction and implementa- tion leading to completion of a final development plan within a reasonable period of time. k Prohibited or undesirable exotic trees: The following five tree species that if present on the site are considered to be prohibited trees (or undesirable exotic) and are subject only to a verification inspection by tithe city prior to removal: (1) Ear tree (Enterolobium cyclocarpum); (2) Chinaberry (Melia azedarch); (3) Australian Pine (Casuarina spp.); (4) Punk tree or cajeput tree (Maleleuca quinquernervia or Maleleuca Leucadendron); (5) Brazilian pepper (Schinus terebinthifolius). Project area. For the purpose of computing density, lot coverage, and floor area ratio for any project site shall not include public rights -of -way, or land lying below the mean high water line. Project site. That portion of the real property that is being developed. See also: "Development." Protected tree. Any tree four inches diameter (or 12.6 inches in circumference) at breast height (DBH) or more, and shall include all mangroves and exclude palm trees except for sabal palms. Supp. No. 18 LDC22:21 19 of 113 EXHIBIT ARTICLE XXII. LANGUAGE AND DEFINITIONS Sec. 54-5-22.1. General interpretation. For the purpose of the land development regulations, certain terms used herein are herewith defined. When not inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural; and words in the plural number include the singular number. The word "shall" is always mandatory and not merely directory. The word "structure" shall include the word "building". The word "used" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used. The word "lot" includes the word "plot", "tract", and "building site". Sec. 54-5-22.2. Definition of terms. Terms not otherwise defined herein shall be interpreted first by reference to the compre- hensive plan and this code; secondly, by reference to generally accepted engineering, planning, or other professional terminology if technical; and otherwise according to common usage, unless the context clearly indicates otherwise. For the purpose of enforcing and administering this code, the following words shall have the definition and meanings herein ascribed: Abandon. To discontinue a land use for a period of six months without demonstrating an intent to continue the use as indicated by the following: (1) Allowing licenses to lapse; (2) Removing meters; (3) Not maintaining structure in a habitable condition; (4) Not making unit available for occupation (i.e. advertising or marketing through a realtor or other agent); and/or (5) Failure to perform pursuant to the terms of an active building permit. Abutting. Having a common border with, or being separated from such a common border by a right-of-way, alley, or easement. Accessory structure. A structure which is customarily associated with, subordinate in size and incidental in use to the principal structure and located on the same site. Examples are tool sheds and garages. Accessory use. A use that is clearly incidental to the principal use, that is subordinate in area, extent or purpose to the principal use and that contributes to the comfort, convenience or necessity of the principal use, and that is located on the same lot with such principal building or use. Accessway. A paved or unpaved area intended to provide ingress and egress from a public right-of-way to a public or private premises, including an off-street parking area. LDC22:3 20 of 113 TABLE 54-2-5.9. LAND USES BY DISTRICT MATRIX C RE-40 RS-20 RS-10 RM-8 R-MH C-512 ' CL CG CR CWR IN Al PS z Restaurants, excluding drive -through P C P P 0 P P C facilities a Restaurants, including drive -through C C P facilities Gasoline sales, retail C C P P P Trade and skilled services P P P P Trade and skilled services, marine- P P related Storage facilities P Skydiving services P Vehicular service and maintenance C C P Vehicular sales and related service P P Veterinary services C C C C P I Wet/dry storage of boats P C P P r dI Wholesale trades and services C P P cn IYacht clubs P P Footnote: Adult life care and nursing homes shall include rest homes and convalescent homes, but no commercial offices or retail uses are allowed unless expressly restricted, designed and marketed only to serve residents of the facility and not the general public. Footnote: In all zoning districts, accessory uses to permitted uses shall be considered permitted uses. In all zoning districts, accessory uses to conditional uses shall be considered conditional uses. (Ord. No. 0-12-10, § 6, 10-10-2012; Ord. No. 0-18-01, § 3(Exh. A), 6-13-2018) " a m- m EXHIBIT § 54-2-5.2.2 SEBASTIAN LAND DEVELOPMENT CODE U_j part of the principal structure. If a fully enclosed garage is provided, then no utility structure shall be mandated. The garage or carport shall have a minimum interior clear dimension of ten feet by 20 feet. Sec. 54-2-5.2.3. Single -Family Residential District (RS-10). (a) Intent: The RS-10 District is established to implement comprehensive plan policies for low -density residential development on lots of 10,000 square feet. (h) Uses permitted: Single-family dwellings Foster care/group homes with 6 <_ residents Accessory residential uses Home occupations (c) Conditional uses: Foster care/group homes with > 6 residents Model homes Child care services Schools, public or private Churches Utilities, public and private Parks and recreation, public Protective and emergency services, public Accessory uses to conditional uses (d) Dimensional regulations: (1) Maximum density: One dwelling unit per 10,000 square feet (2) Maximum height: 25 feet (3) Lot coverage and open space: Maximum building coverage: 30% Minimum open space: 50% (4) Lot dimensions: Minimum lot size: 9,500 square feet Minimum lot width: 80 feet Maximum impervious surface: 55% Minimum lot depth: 100 feet (5) Minimum setbacks. All development must comply with requirements for setbacks from wetlands and open waters established in section 54-3-11.1(c). Front setbacks 25 feet Secondary front yard setbacks: 20 feet Side setbacks: 10 feet Rear setbacks: 20 feet Supp. No. 3 LDC5:6 22of113 23 of 113 24 of 113 25 of 113 EX CITY OF SEBASTIAN LHIBIT APPLICATION FOR PERMITS D �! EM D APPLICANT TO COMPLETE ALL ITEMS IN I, II, III, UNIT / f 1. LEGAL DESCRIPTION: LOT BLOCK 3 8 I SID S�C3ASTrs�.rl fig%G�f s CONSTRUCTION ADDRESS: -5 /��'I l q2 T� C� �' ^, �", I( I INDIAN RIVER COUNTY TAX PARCEL #: - - IT. CONTRACTOR: (,U /UcQL!/L2 PHONE: ADDRESS: CITY STATE: ZIP: STATE REG #: III. OWNER OF PROPERTY: ro 'Box ADDRESS: jIYZ/ ,.SIW LAI CITY: ST: FL DAYTIME PHONE NUMBER: .5-S-F- (13 7 ZIP: 3 al"5 IV. TYPE OF WORK: NEWy ADD./ALT. REPAIR DEMOLITION RESIDENTIAL: `� COMMERCIAL: MULTI -FAMILY DESCRIPTION OF WORK: 40h G-Rk46-"c— �� 7r z,� Ga.vNii-r,�-TtaV r-o PUBLIC SEWER: YES NO f PUBLIC WATER: YES NO TOTAL SQ. FT. 12291 = CONDITION U + NON-COND. ESTIMATED FAIR MARKET VALUE $ TOILETS BATH TUBS TUB/SHOWER WELL LAVATORIES WASH.MACH.HOOK-UP SERVICE AMPS A/C TONAGE DISPOSAL LAUNDRY TUB TEMP. SERVICE HEAT STRIP SHOWER KITCH.SINK WATER HEATER HOSE BIBS DISHWASHER OUTLETS/SWITCHES Wr3E' APPLICANT MOST COMPLETE PAGE TWO AND SIGN PAGE THREE PAGE ONE 26 of 113 PAGE THREE D EXHIBIT APPLICATION IS HEREBY MADE TO OBTAIN A PERMIT TO DO THE WORK AND INSTALLATIONS AS INDICATED. I CERTIFY THAT NO WORM OR b INSTALLATION HAS COMMENCED PRIOR TO THE ISSUANCE OF A PERMIT AND THAT ALL WORK WILL BE PERFORMED TO MEET THE STANDARDS OF ALL LAWS REGULATING CONSTRUCTION, INSURANCE, AND WORNMAN'S COMPENSATION. I UNDERSTAND THAT A SEPARATE SUB -PERMIT MUST BE OBTAINED FOR ELECTRICAL, PLUMBING, MECHANCIAL, POOLS, ETC. PROPERTIES SHALL BE KEPT CLEAN OF LITTER AND ALL STREETS, SIDEWALKS, AND CURBS DAMAGED DUE TO THIS CONSTRUCTION SHALL HE REPAIRED TO THE SATISFACTION OF THE CITY ENGINEER PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY. OWNER'S AFFIDAVIT: I CERTIFY THAT ALL THE FOREGOING INFORMATION IS ACCURATE AND THAT ALL WORK WILL BE DONE IN COMPLIANCE WITH ALL APPLICABLE LAWS REGULATING CONSTRUCTION AND ZONING. ti WARNING TO OWNER! YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFO E ECORDING YOUR NOTICE OF COMMENCEMENT. IGNATURE ODE' OWNER OR AGENT SIGNATURE OF CONTRACTOR D TE : d 9 DATE: OTA�S TO OWNER'OR AGENT NOTARY AS TO CONTRACTOR MY COMMISSION Ex MMISSION EXPIRES: *m 1D HOLM 1� W 3d�117 DO NOT W OFFICE USE ONLY BUILDING PERMIT # ZONING �d TAZ APPLICATION RECEIVED BY :D DATE / /�*EP�je' PLANS CHECKED BY: �Y_ ,5"10�1`4 ISSUANCE B FLOOD ZONE: SLAB SURVEY REQUIRED: ------------------------------------------------------------------------- FEES BUILDING PERMIT PLUMBING PERMIT ELECTRICAL PERMIT MECHANICAL PERMIT RADON (STATE) OTHER TOTAL FEES 27 of 113 28 of 113 29 of 113 30 of 113 31 of 113 EXHIBIT E1 ROUTE LIST: Applicant fI Lk) 5-U EH�J Address I LIZ! T1)o, r ) r (1 Lu>nE Lot 25 W, Block � �I Unit � { ############################################################# Received: Date ��- � T Time im Approved for Comments: wii( b} ,,v,o0 fro 0� �cfit Permit By , ��% Released Date ✓" (��`�� Time #########################################################c#�### Contractor Licensing: Review Date 5-16) -9q Time O'.9;0 Comments; 0 _�4 . A-) By V Rel eased Date~ C t,--C i Time Q•� 5 ############################################################# Zoninq: Review Date J _��r�� Time - By Released Date Time L-ZO Plan Review: Review Date �� ( Time Comments: /19 lop By �j�1�' Released Date Time rl—)a ############################################################# Permit Issuance: Review Date 15-12-- 01 C Time Comments: By �� Released Date l Time 3 ############################################################# 32 of 113 E2 U ZONING COMPLIANCE CHECKLIST Lot 2`-1-2-(Q Block 3? Unit I ( Sub 5 !T ` Street Address ��{ Z i TV-\a�-h h.'I I L,�,- En�� Approved Denied 1. Zoning 2. Setbacks ........................ 3. Coverage ......................... 4. Septic & Well Location ........... 1JPr 5. Garage/Carport Size .............. T,.),A 6. Plot Plan/Survey Agree ........... �) A 7. Height ........................... 8. Driveway .......................... NA 9. Minimum Living Area ............... rjPr G )DO Calculation of Lot Square Footage: Sok I25 �z Total Square Footage of Lot ...................... 2,0000 Maximum Coverage at � o ...................... tP bd 0 Existing lot coverage: } House with Garage or Carport ..... /Ll99- Screen Enclosure ................. Room Addition .................... Shed ............................. Other ............................. Other ............................ Other ............................ Total Existing Lot Coverage ...... Additional Proposed Structures Total Existing and Proposed ............... 37 LI 30 ALO":- 2, W Li? 0 kL- 33 of 113 EXHIBIT F Wiliam Stevens �: BLOCK 381 LOT 25 '_ 26 D�1�� Seb. Hi. Un1 PBI 7-561 1421 SW Thornhill Lane Sec. 25 T31 R38 CBS $31,000.00 i Reroof (Walker) Permit# 94-00931 Io/J-9 5/12/94 Addition -Garage & Carport PUILDING PLUMBING S�a�b2(0 °�� G('� (Homeowner FOOTING ROUGH-C' `� ¢ +�r, Permit No. 94-02714 iat day �� 12-12-94 'In -,7. 6' Stockade Fence (owner) ZL.AP -r�ppRr(, TIE TEAM COLUMN STAIRS CANOPIES FRAMING ?" /r FINAL TOP OUT FINAL /7 " 000 6r-'-) ELECTRICAL TEMPORARY SLAB ROUGHO;rY; 4 l i / Permit No, Budding''" E> Plumbing if Electric h-Ll t, Septic/Sewer Well FINAL SERK. Block l Lot JS�� Owner s E't/��f� co allI ,4� 51D Address 'F1at ' J Contractor Utilities Jjgrn(,( r 34 of 113 Dorri Bosworth From: Michael Sapourn <michael@sapournlaw.com> rEEXHIBIT Sent: Wednesday, June 03, 2020 7:25 AM To: Dorri Bosworth; 'JOE SCOZZARF �- Cc: Lisa Frazier, Michaei Sapourn Subject: Re: New Variance App CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dorri, The Scozzaris are applying for a variance to accept the building at 1411 Thornhill Ln. as a principle structure for storage purposes on its own lot, with an approval for a permit to be able to erect a fence for subject property on the North south and West boundaries. We believe all building setbacks on the property are within today's building code standards. This building is a free standing building on its own lot with no encroachment on any side, and has been there, "as -is" since the mid to late 80's. The fence is desired to keep the property free and clear of trespassing, dumping of debris and any other liabilities arising from the absence of a physical barrier. The hardships are clearly stated in the Variance App. It's our position that the existing structure is a "principal structure" as defined below. Principal building. A building in which the principal use of the property is located. Principal structure. A building occupied by the principal use of the premises or lot. In a residential district any dwelling shall be deemed to be the principal building on the lot where it is located. An attached carport, shed, or garage with one or more walls or a part of one wall being a part of the principal building and structurally dependent, totally or in part, on the principal building, shall comprise a part of the principal building and be subject to all regulations applied to the principal building. Principal use. The primary use and chief purpose of a lot or structure. Structure. Anything constructed or erected with a fixed location on the ground, or attached to something having or requiring a fixed location on the ground. Structures shall include buildings, mobile homes, walls, fences and signs, paving, sidewalks, utility transmission towers, and other similar improvements Michael Sapourn Law Offices of Michael Sapourn, LLC 100 Rialto Place, Suite 700 Melbourne, Florida 32901 35 of 113 36 of 113 37 of 113 38 of 113 39 of 113 40 of 113 1 CITY OF SEBASTIAN ZONING ORDINANCE AN ORDINANCE REVISING ORDINANCE NO. 159 AND NO. 202 OF THE CITY OF SEBASTIAN, AID ALL AMENDMENTS THERETO AND RELATING TO ZONING OF THE CITY OF SEBASTIAN, AND ENACTING IN LIEU THEREOF A NEW ZONING ORDINANCE TO PROMOTE THE HEALTH, SAFETY, MORALS AND GENERAL WELFARE OF THE INHABITANTS OF THE CITY OF SEBA.STIAN$ FLORIDA; TO FACILITATE THE ADEQUATE PROVISION OF TRANSPORTATION, SEWERAGE, WATER, SCHOOLS, PARKS AND OTHER PUBLIC REQUIREMENTS, AND TO REGULATE AND RESTRICT THE LOCATION AND USE OF BUILDINGS, STRUCTURES, LAND AND WATER FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSE TO REGULATE AND RESTRICT THE ERECTION, CONSTRUCTION, RECONSTRUCTI6N OR ALTERATION OF BUILDINGS; TO REGULATE AND RESTRICT THE HEIGHT, NUMBER OF STORIES AND SIZE OF ALL BUILDINGS AND STRUCTURES AND THE SIZE OF ALL YARDS AND OTHER OPEN SPACES SURROUNDING BUILDINGS; TO REGULATE AND RESTRICT THE DENSITY OF POPULATION,•AND FOR ALL SAID PURPOSES TO DIVIDE THE CITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREAS AS MAY BE BEST SUITED TO CARRY OUT THESE REGULATIONS; TO ADOPT A ZONING MAP OF THE CITY OF SEBASTIAN; TO PRESCRIBE PENALTIES FOR THE VIOLATIONS OF ITS PROVISION) TO PROVIDE FOR CHANGES AND AMENDMENTS; TO PROVIDE FOR ITS ENFORCEMENT; TO PROVIDE FOR A BOARD OF ADJUSTM2NTS AND TO PRESCRIBE THEIR POWER AND DUTIES. WHEREAS, the Council of the City of Sebastian deems it necessary in order to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote the health and general wel- fare; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements, to make and promulgate such regulations with reasonable consideration among other things, to the character of the district and its peculiar suitability for particular uses, and to conserve the stabilize property values and encourage the more appro- priate use of land throughout said city in accordance with a comprehen- sive plan. For the purpose of this Ordinance, certain terms and words are defined as follows: Y All words used in the present tense include the future; words in the singular number include the plural and words in the plural number include the singular;.and,words "used for" shall include the meaning "designed for"; the word "building" includes the word "structure'?; the word Blot" includes the words Itplot1t, "tract", "site" and "space" and the word "shall" is mandatory and not directory. ACCESSORY USE OR ACCESSORY STRUCTURE: A use or structure on the same lot, with and of a nature customarily incidental,and subordinate to the principal use or structure. AIRPORT OR AIRSTRIP: Any run -way landing area designed, used, or intended to be used either publicly or privately for the landing and taking off of aircraft, including taxiways, storage and tie -down areas, hanger and other necessary buildings. EnHISIT � r - 1 - 41 of 113 G. II . I. J. EXHIBIT AUGES60RY BUILDINGS: 1. Ao accessory building shall be constructed upon a lot until the construction of a main building has been started and no accessory building shall be used unless the main building is in use. 2. No accessory building or structure shall be located in any required yard area 3. No mobile homes, travel trailers, or old cars shall be permitted as an accessory building. No accessory build- ing shall be built without a permit being issued from the City Clerk expressly designating the type of acces- sory structure and if the City Clerk is in doubt as to the type of structure of added accessory building, the Clerk shall immediately forward same to the Planning and Zoning Commission for their approval prior to the issuance of said permit. ABOVE GROUND STORAGE OF GASOLINE AND OTHER COYD6USTIBLE FLUIDS: This is subject to the compliance with all ordinances of the City of Sebastian, Florida pertaining to ground storage of gasoline and other combustible fluids. MALLS AND FEHCES: Structural walls and fence: not exceed- ing five (5) feet in height, except barbed wire fences, are permitted in required side and rear yards of all districts. Nigher fences and walls in required side and rear yards, all barbed wire fences, and fences and walls in all required front yards may be authorized by the City Building Inspector, who shall first determine that they will be visually compat- ible in the area where they are to be located. NONCONFORI-IING LOTS. NONCONFOR11ING USES OF LAND OR STRUCTURES, NONCONFORI4ING STRUCTURES AND PREMISES: 1. Continuation of Nonconformities: Nonconformities may be continued so long as they remain otherwise lawful, sub- ject to the remaining provisions of this section. 2. Expansion or change of Nonconformities: No nonconform- ity shall be enlarged or changed to a different noncon- formity except upon a determination by the City Building Inspector that the change results in a lessening of the degree of nonconformity. 3. Repair or Alteration of Nonconformities: Repairs, main- tenance and improvements on nonconformitiec may be car- ried out, provided that such work does not increase the cubicle content of the building or the floor or ground area devoted to the nonconforming use. The preceding requirement does not prevent compliance with applicable zn 42 of 113 c EXHIBIT by the City Council is hereby directed to enforce this Ordinance. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforce- ment of any of the provisions of this Ordinance shali be fines! twenty-five (25.00) dollars and/or imprisonment for a term not to exceed twenty-five (25) days. Each day a violation exists shall constitute a separate offense. (Ord. No. 202, Paragraph 14, 5-13-63 ) SECTION X1X - VALIDITY Should any section, clause or provision of this Ordinance be declared invalid, the same shall not affect the validity of the Ordinance as la whole or any part thereof, other than the part so declared to be invalid. All Ordinances or parts of Ordinances in conflict herewith or inconsistent with the provisions of this Ordinance are hereby repealed. SECTION XX - W j EFFECTIVE This Ordinance shall become effective immediately upon its passage. ***********************i�********* I hereby certify that the foregoing Ordinance was finally passed by the City Council on the 14th day of January, 1974. Attest: _ 1 Ulty c;ierl�: yor 43 of 113 -- 57 7H'I Re: Property and structure at 1411 Thornhill In. Sebastian. This Building is a free-standing building, not unified with any other property and is non conforming. Possibly because the building / structure was not mandated to be unified which may have been the code at the time. The building was built in 1985, long before I moved to Florida and purchased my home. The City of Sebastian records state it was built in 1994, Photo evidence, as well as one of the friends of the former owner, will show it was built in July of 1985. My family has played no part in the construction of this building and it was pre existing before my home was built. My home address is 1401 Thornhill In. Sebastian, directly next door to the buildingin question. The building is over sized, in that the footprint exeeds todays codes and standards for storage and utility structures. This is not a request for special priviledge. This building has been here before some of your employees worked for the city and before some were born. The building will remain as it was intended for storage. Should the variance not be permitted it will cause financial hardship to my wife and myself. Nothing has changed on the building since 1985Most surrounding neighbors built their houses long after its erecting. "Note the two hardships we will experience with unity of title": 1 By requiring unity of title, the subject lot will necessarily be down - valued, as it cannot be sold separately nor can we develop the lot with a code -approved house. 2 We bought the subject property free and clear, but we have a mortgage on our residence dwelling. In the event we suffer a foreclosure on the residence dwelling, unity of title would allow the bank to receive the subject property as a windfall in a foreclosure proceeding, and we would forfeit this otherwise valuable asset. 3 Without a boundary fence on the subject lot, access by the public and, especially, children would go unfettered, with possible injury to trespassers. Without a boundary fence, an unnecessary dangerous condition affecting the public welfare exists." This variance will in fact, minimize the non -conformities of the property. As stated, this structure was here before all of the homes were built in this 300' radius. This shows there is no injury to anyone that had chosen to build in our area or on our block. 44 of 113 f FEX:HIBIT Section 54-1-2.5(c)(2) Criteria for determining variances. In order to authorize any variance from the terms of this code, the board of adjustment must find the following: a. Existence of special conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. Response. building was erected in the mid 80's, at which time the ordinances where laxer. rel Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. Response: Trespassers and neighbors placing their debris on the property cause a hazard and financial liability to us. C. Special privileges not conferred. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. Response: As the structure was built prior to any resolution or code that would have inhibited the build, it would not provide any special privilege Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. Response: Financial loss, safety factors and liabilities would be created and are being created daily, as I am unable to protect my property with a fence C. Only the minimum variance granted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Response: The variance we seek is a minimum to leave this structure or garage as a grandfathered stand alone building "AS BUILT" and to place a fence around it at its borders. 10 Not injurious to the public welfare or intent of ordinance. That the granting of the variance will be in harmony with the general intent and purpose of the comprehensive plan and this code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Response: This building has been in place since the 80s, many people chose to build their homes around it and during that time it was an eyesore. We have cleaned it up and 45 of 113 landscaped it, spent a great deal of money to improve the aesthetics, which the city was requesting in the prior Variance application. 9- Conditions and safeguards may be imposed. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with chapter 163 P.S., the comprehensive plan, and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. h. Time limit may be imposed. The board of adjustment may prescribe a reasonable time limit during which the applicant shall commence and/or complete the subject actions and conditions approved by the board. 1. No use variance permitted in specified instances. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the salve zoning district and no pennitted use of lands, structures, or buildings; in other zoning districts shall be considered grounds for the authorization of a variance. EEXHIIBIITj 46 of 113 Mv Permit Application No. City of Sebastian Z-1 ..,.; Development Order Application H06AF OF PEi7f.W KiW6 1 Applicant (ii not owner, written authorization (notarized) from owner is required) i Name: - I Address: / vial 7-r,,,orit Lu . S�R bo-s 1 Phone Number: (722 ?I,3 - /0 16 FAX Number: ( ) - E-Mail: SCO2-1-Z-CL6'[(23 Ga(Mc0—.54- AJe� 1 Owner (If different from applicant) Name: Address Phone Number: ( ) _. - FAX Number:( E-Mail: Title of permit or action requested: �j t f VOLL GZ i x.q As A+ca �-F— PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-112" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): B. Site Information Address: , L JI / 7-� h , J l( VL Lot: Block: Unit: Subdivision: Indian River County Parcel Zoning Classification:,, uture Land Use: } ��. l 4� Existing Use � Proposed Use C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if nneecessarv). , 14, I DATE RECEIVED: U 1 l 120 FEE PAID: RECEIVED BQc ) oZDC1.� T 47 of 113 Permit Application No.___._...._ . D. Project Personnel: Agent: _.r Name: Address V/ Phone Number: ( ) - FAX Number: ( E-Mail: Attorney: Name: P) ` G kc'Led Address'O� ! v ` Phone Number� �.� % � FAX Number: E-Mail: Engineer: _ Name: Address Phone Number: ( ) FAX Number: ( ) - I E-Mail: 1 Surveyor: Name: w (l Address ao f 1 ` •�-� � w � f�0 �eaGL Phone Number``(?M d%� AX Numnber. ( )� - E-Mail: BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: —,I—/, AM THE OWNER l AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE D TR TO BPT OF MY KNOWLEDGE AND BELIEF. §dii /TRE DAT---ELLLE SWORN TO AND SUBSCRIBED BEFORE ME BY _M_cu ScQ i 0 yr \ WHO IS PERSONALLY Icnrrvncni TO ME OR PRODUCED AS IDENTIFICATION, THIS DAY OF A.L20M�_ KELLYM BECKERT MY COMMISSION #GaG159975 NOTARY'S SIGNATURE �� EXPIRES: NCV 14, 2021 PRINTED NAME OF NOTARY , . Bonded Through 1st Stale Insurance COMMISSION NO./ExPIRATION� SEAL: T 48 of 113 Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. NF THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DE�}}��CRIBE7 RICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE ��t J`Y`�L zv- V- 130ARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. 16 >EREBY WAIVE ANY OBJECTION OR DEFENSE IIWE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PR EEDINGS, RESULTING FROM ANY BOARDICOMMISSION MEMBER ENTERING OR VIEWING THE: PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED 13Y SUCH ENTERING OR VIEWING, THIS WAIVER AND CONSENT is BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY VJPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SI ATURE DATE Sworn to and subscribed before me by _�) u l I e SGo7 r i who is perso ally kl n to me or produced as identification, this 5 , day ofne 20. Notary's Signature rr Printed Name of Notary KELLY M SECKERT k- o�,�..� ? �n MY COMMISSION #GG1S9975 Seal:mission No./Expiration (� I f V.r EXPIRES: NOV 14, 2021 Bonded through 1st State insurance APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE APPLICANT. ACKNOWLEDGMENT DATE 49 of 113 Permit Application No. Ma HOME OF 9EiiCAD7 #lAt* Supplemental Information Application to the Board of Adjustment -Z-1. This application is for a (check one): V//variance(s) appeai(s) ,t__ 2. Specify all code provisions for which a variance is being requested or the decision or decisions that you are appealing. (Attach extra sheets If necessary):, - --V—/3. Legal description of the property involved: Oe L 0-5 t .t r,"-_ 9 4 I.. jf c" of 14— r 1 DIV, -3$1 LoT- 9� P B r 7-561 V 4. Attach the following: za. Boundary survey of the property executed by a Florida Registered Surveyor. The survey shall show the dimensions of the lot or parcel at issue, the location of all structures, if any, along with adjacent streets, and all easements and right-of-ways. b. Additional data and Information as required to properly advise the Board of the facts and circumstances needed to decide the case on its merits. c. The names and addresses of all property owners whose property or part of their real property is within 300 feet of any outer boundary of the lot or parcel of land that is subject of the application. 50 of 113 art LT HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cityofsebastian.org PUBLIC NOTICE CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY, FLORIDA THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A QUASI-JUDICIAL PUBLIC HEARING ON WEDNESDAY, JUNE 24TH, 2020, AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 54-2- 5.2.3(b)&(c) AND IN REGARDS TO SECTION 54-5-22.2 OF THE SEBASTIAN LAND DEVELOPMENT CODE. JOSEPH AND JULIA SCOZZARI, IN REGARDS TO LOT 26, BLOCK 381, SEBASTIAN HIGHLANDS UNIT 11, LOCATED IN THE RS-10 (RESIDENTIAL SINGLE-FAMILY) ZONING DISTRICT AT 1411 THORNHILL LANE, ARE REQUESTING A VARIANCE TO ALLOW AN EXISTING 1728 SF ACCESSORY STRUCTURE TO BE CONSIDERED THE PRINCIPAL STRUCTURE OF THE LOT FOR STORAGE USE, WHEREAS THE CODE DEFINES A DWELLING UNIT TO BE DEEMED THE PRINCIPAL STRUCTURE IN A RESIDENTIAL ZONING DISTRICT, AND WHEREAS THE CODE DOES NOT ALLOW A STORAGE FACILITY [AS THE PRINCIPAL STRUCTURE] AS A PERMITTED OR CONDITIONAL USE IN THE RS-10 ZONING DISTRICT. ED DODD, CHAIRMAN BOARD OF ADJUSTMENT CITY OF SEBASTIAN DUE TO HEALTH CONCERNS REGARDING CORONAVIRUS, ALTERNATIVE METHODS WILL HE IN PLACE FOR THE PUBLIC TO PROVIDE INPUT REGARDING THIS VARIANCE REQUEST. INTERESTED PARTIES MAY CONTACT THE CITY AT 772-388-8226 OR E-MAH, QUESTIONS AT COSTVQCOSTV.CITYOFSEBASTIAN.ORG OR MAY VISIT THE CITY'S WEHSITE AT httn://www.citvofsebastian.orv,/nublic-input-methods. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. PUBLISHED: Tuesday, June 9, 2020 51 of 113 Regular City Council & CRA Meeting February 26, 2020 Page Five She said the recall election is a legal process promulgated by the state of Florida and those concerned just have to show up and vote their own feelings. Mayor Dodd reported there was some vandalism to Council Member Gilliams' cars and the foyer of his real estate building which is unacceptable behavior. The individuals involved in the recall have the right to go through the process; everyone should respect that as well as respect those that don't want a recall_ Council Member Gilliams said he was for the recall if it is justifiable but shame on those who come to his home and throw eggs on his vehicles and at his business. He said if people wanted to come to his home to meet, just call hire but don't vandalize his property. 7:07 pm 9. Recess Citv Council Meetina and Convene as Communitv Redevelopment Aqencv A. MOTION by Council Member Hill and SECOND by Council Member Gilliams to approve the January 22, 2020 €ebfuar-y- 6724 0 CRA minutes passed with a voice of 5-0. (Editor's note: February 26 was listen on the agenda but the ,tarnrary 22 minutes were provided for approval in the agenda packet. j 8. Septic to Sewer Grant Program i. Consider Grant Request for 1644 N. Central Avenue — Kelly Residence, (Transmittal, Application, Deed, Tax Receipt, Permit, Invoice) MOTION by Mr. Hill and SECOND by Mr. Gilliams to approve the grant request for 1644 N. Central Avenue. Roll call: Vice Chair Mauti - aye Mr. Gilliams - aye Mr. Hill - aye Ms. Parris - aye Chairman Dodd - aye Motion carried 5-0. ii. Consider Grant Reauest for 1662 N. Central Avenue — Hall Residence (Transmittal. Application, Deed, Tax Receipt, Permit, Invoice) MOTION by Mr. Gilliams and SECOND by Ms. Parris to approve the grant request for 1622 N. Central Avenue. Roll call: Mr. Gilliams - aye Mr. Hill - aye Ms. Parris - aye Chairman Dodd - aye Vice Chair Mauti - aye Motion carried 5-0. iii. Consider Grant Request for 1698 N. Central Avenue — Commercial (Transmittal, Application, Deed, Tax Receipt, Permit, Invoice) 52of113 Regular City Council 8 CRA Meeting February 26, 2020 Page Six MOTION by Mr. Hill and SECOND by Chairman Dodd to approve the grant request for 1698 N. Central Avenue. Roll call: Mr. Hill - aye Ms. Parris - aye Chairman Dodd - aye Vice Chair Mauti - aye Mr. Gilliams - aye Motion carried 5-0. iv. Consider Grant Reauest for 1805 Central Avenue — Sebastian Communitv Center (Transmittal, Application, Plat, Easement, Tax Receipt, Invoice) MOTION by Vice Chairman Mauti and SECOND by Mr. Gilliams to approve the grant request for 1805 N. Central Avenue. Roll call: Ms. Parris - aye Chairman Dodd - aye Vice Chair Mauti - aye Mr. Gilliams - aye Mr. Hill - aye Motion carried 5-0. v. Consider Grant Reauest for 608 Davis Street — Nilsson Residence (Transmittal. Application, Deed, Tax Receipt, Permit, Invoice) MOTION by Vice Chairman Mauti and SECOND by Mr. Gilliams to approve the grant request for 1805 N. Central Avenue. Roll call: Chairman Dodd - aye Vice Chair Mauti - aye Mr. Gilliams - aye Mr. Hill - aye Ms. Parris - aye Motion carried 5-0. 7:15 pm 10. Chairman Dodd adjourned the Community Redevelopment Agency meeting at 7:15 p.m - and reconvened the City Council meeting. IMP 11 _ CONSENT AGENDA 20,037 A. Approve 2020/2021 Show Dates for Sebastian River Art Club at Riverview Park (Transmittal, Letter, Application) 20,038 B. Approve Concrete Services under the Concrete Construction Service Agreements with Tim Rose Contracting, Inc. for the New Pavement Swale Regrading Project — Not to Exceed $40,000 (Transmittal, Minutes Excerpt, Price Sheet) 6 53 of 113 MLf $EBAST" HOME OF PELICAN ISLAND COMMUNITY REDEVELOPMENT BOARD (CRA) AGENDA TRANSMITTAL Council Meetina Date: June 24, 2020 Aqenda Item Title: Approve Sidewalk Replacement at Riverview Park Recommendation: Staff recommends that the CRA Board APPROVE sidewalk replacement at Riverview Park for $78,622.36 using Timothy Rose Contracting, Inc. awarded on the Agreement for Concrete Services. Backqround: The Sebastian City Council recommended annual funding for the review and implementation of a Tree Protection Plan for Riverview Park. GAI/Community Solutions, a continuing services landscape planning consultant with the City, provided a certified arborist to conduct an assessment of the Riverview Park canopy. The result of this assessment produced a DRAFT Tree Succession Plan (See Attached). Additionally, the Clam Bake Committee granted $3000 to the City to spearhead replacement of the cracked and dangerous sidewalks in Riverview Park. As part of the tree protection recommendations, and for the consideration of continuing safe community events within the Park, replacement of the sidewalk network has been recommended. The new sidewalks will include root barriers to protect adjacent tree roots and protect canopy from foot traffic and maintenance activities. The new sidewalk network will match the existing in order to cause the least amount of disturbance to existing tree canopy. Please see the attached plan for your reference. The initial contract term for continuing services is April 10, 2019 — April 9, 2021. Pricing is based on line item bid amounts received on ITB 19-02 for Concrete Services awarded on April 11, 2019. Sidewalk plans and project intent was sent to both awarded vendors requesting a quote, in which the City received one (1) response as the other awarded vendor declined due to their workload. If Aqenda Item Reauires Expenditure of Funds: Amount Budgeted in Current FY: Adjusted to $78,622 Fund to Be Utilized for Appropriation: Community Redevel ment and Local Option Gas Tax Administrative Services Department Review.'/l �l Attachments: 1. Quote from Tim Rose 2. Bid Proposal — Timothy Rose Contracting, Inc 3. Tree Succession Plan (Sidewalk Plan) 4. Award of ITB 19-02 — City Council Meeting Minutes (04/10/2019) City Manag r Authorization: C Date: 54 of 113 (TFY 0 SFl3AsrLAN -- lilt) As Needed Concrete Services KID PROPOSAL PIUCE After having.examiatA all spe-eilictttions, Contrac:t/Agreemunt lXrcuments, and other doctttneuts relativu to the: laavitation to Ilicl, I tiro utadersiRnd hereby propose to iat l5orm everythiu.Z required to be perform€.d in strid conformity with tiro req,uirenicats of tbese documents, and to provide and furtu.Ai all the equipment, labor, ind n7atcrials taccesgary to provide antral concrete Nvorlc uneeting or excec: dizag the specifications as set forth herein for the ui- t prices as stated below, The: price quotcd below itacictdcs aaay addetada %vliich way be issited, lif there is aliv Mega ,.Ytr_tt wish not to laid oil please.Fvr.ite "iyt3 11)" in the Price per Square Yard colamn. ANNUAL CONCRETH WORKS DESCRJ3ED: Cancreto Quantity _—.._w..._.t'ri e perSgtaare_Y_ard_ Concrete saw and Removal (4") 60 5Y Concrete saw and Removal (4) � 6t -100 SY Concrete saw and Removal (4") 101 < SY _ Concrete Removal and replace W/Flber(4" )' 1- 60 SY 37 i :xc Concrete Removal and replace Irti/FfberW )* 61-100 5Y Concrete Removal and replace W/Fiber(4" )* ___ -1-0 1< _ SY 57a.ac> Concrete W/Fiber(4")* _ 1-60 SY ?on.cac Concrete W/Fiber(4")* 61-100 5Y Concrete W/Fiber(4")* 101< SY Concrete saw and Removal (6") _ 1-60 5Y _ — $180.00 Concrete saw and Removal (6") t 61-100 _ $€6.00 1 102<._- 5Y --- $16.00 Concrete saw and Removal (6") -------- Concrete Removal and replace WjFibEr(6")* 1-60 SY $ 390MO Concrete Removal and replaceW/Fiber(6")* m -100 _.._SY_..._ T �74.ea� Concrete Removal and replace s/l° 101< SY Concrete W/Fiber{V)* "I. -GO SY a Concrete W/Fiber(6") * 61-100 SY 1t,.taca C€tncretelN/Fibr(C"�* _ ----- 1C11< SY _ y,t�ts_.__. MISC Concrete* 1-5_ CY MISCCt)ncrete* .-._.__ 5.5-10 CY MISC Concrete* 10.5-15 CY MISC Concrete* 15.5-20 CY _ MISC Concrete* _ 20< CY Driveway Culvert Replacement (8" ADS")_ 1._ t.F Driveway Culvert Replacement (10* � ADS") _ ._ � LF Driveway Culvert Replacement (12" A_D ) 1 - LF Driveway Culvert Replacement (15" ADS') _ _ 1 _ Ll+ Driveway Culvert Replacement (18" AW') 1 ___--- - L -rim .t10 51)�j ml a trf j.[10 ty.c3ca RASE. Gsr-t5��u�7t�! 55 of 113 56 of 113 57 of 113 Regular City Council Meeting April 10, 2019 Page Six Roll Call: Council Member lovino — aye Council Member McPartlan --- absent Mayor Hill — aye Vice Mayor Kinchen --- aye Council Member Dodd — aye Motion carried. 4-0 19,051 B. Award As -Needed Concrete Construction Service Agreements to Santa Cruz Construction. Inc. and Tim Rose._Contractinq, Inc. and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, RFB. Responses) The City Manager said proposals went out on three different occasions and this time Santa Cruz and Tim Rose Construction responded. He asked for dual award because there were different pricing structures based on what will be needed. MOTION by Council Member Dodd and SECOND by Council Member lovino to award as - needed concrete construction service agreements to Santa Cruz Construction and Tim Rose Contracting, Inc. There was no public input. Roll Call: Mayor Hill — aye Vice Mayor Kinchen — aye Council Member Dodd — aye Council Member lovino — aye Council Member McPartian — absent Motion carried. 4-0 19.052 C. Approve Piqqv-Backing of Collier County Aareement with Eric Ryan Corporation for Utility Audits for a Twelve (12) Month Period and Consecutive Automatic Twelve (12) Month Renewals and Authorize the City Manaaer to Execute Appropriate Documents (Transmittal. Agreement, Lists, Recommendations, Aareement) The City Manager said Eric Ryan Corporation has given us a proposal to review and monitor our utility billing whereby the City would get to keep any savings they find after 20 %. MOTION by Council Member Dodd and SECOND by Council Member lovino to approve an agreement with Eric Ryan Corporation to audit the City's utilities. Roll Call: Mayor Hill — aye Vice Mayor Kinchen — aye Council Member Dodd — aye Council Member lovino — aye Council Member McPartlan — absent Motion carried. 4-0 19.053 D. Consider Lien Reduction and Disposition of Fine in Exchanqe for Developer's Aqreement for 1671 U.S. Highway 1 (Transmittal, Request, Calculations, Aqreement) The City Manager stated the current owner of the building at 1671 U.S. Highway is required to clear up some fines before the new owner, AT&T, can move in. He asked City Council to consider reducing the fines so the building can be demolished and the land put back on the tax roll. 58 of 113 CML+ SETYV HOME OF PELICAN ISLAND Council Meetinq Date: Aqenda Item Title: Recommendation CITY COUNCIL AGENDA TRANSMITTAL FORM June 24, 2020 Purchase of metal carport from Carolina Carports. Move to approve the purchase of the carport per sole source letter from Carolina Carports. Backqround: The carport will be installed at the police vehicle compound at the airport. This compound is used to store vehicles that are towed from crime scenes and vehicle crashes and need to be kept in the same condition as when they are received. This carport will keep the vehicles out of the elements that cause them to deteriorate. If Agenda Item Reauires Expenditure of Funds: Total Cost: $22,747.50 Amount Budgeted in Current FY: 40,000 Amount of Appropriation Required: -0- Fund to Be Utilized for Appropriation: DST Administrative Services Department Review. 1 Attachments: 1. Sole Source letter & form 2. Vendor Quote City a ger th r' tion: Date: 59 of 113 Quote 26-30 Wide 160 MPH P.O. Box 1263 1187 Cardinal Ridge Trail Dobson, N.C.27017 Email: CCI@carolinacarportsinc.com Website: www.carolinacarportsinc.com I i Customer Name: I Dan Acosta I Stale I FL Customer Phone Number: I I Alt. j Email: (Quoted by: Pablo.C@carolinacarports.com STYLE yg I Size IQ I x I Al I Height: Options Quantity I Size Base Price 30x81 IGauge 12 Certified Certification 180 MPH Leg Height 14 Each Side Closed H 2 $0.00 Each End Closed H 1 $0.00 (Gable End(s) H 0 $0.00 Extended Gable End(s) H 0 $0.00 Extra Panels H 0 $0.00 Cut Fees 0 J Trim (Per sides) 0 L Trim (Per gable) 0 Header(s) with no door 6 Headers(s) I GD Frameouls 0 Headers Wider than 12' 0 I 0 Window Frameouts(s) 4 Walk in Door Frameout(s) 0 45(s) 0 Extra Bows 0 Extra Mobile Home Anchor(s) 0 (Connection Fee 81 (Vertical Deluxe Pricing 0 Insulation Roof 0 Double Bubble Insulation Sides 0 Double Bubble Insulation Ends 0 Double Bubble Custom Utility Sides (HxL) H x End Walls (WxH) H x IWindows 0 0 I Walk in Door 0 0 I Certified Garage Door(s) y 0 x Certified Garage Door(s) y 0 x Chain Hoist 0 Color Screws 0 Frame out 0 I I Total $25,275,00 I I Tax $0.00 I Freight Charge 0 $0.00 I Promo -2527.5 Total Retail Cost $22,747.50 I JA IGauge I u Price $12,390.00 $1,400.00 Included $3.920,00 $3,600.00 $2,335.00 $0.00 $0, 00 $0.00 $0.00 $0.00 $0.00 $1,350.00 $0.00 $0.00 $280.00 $0.00 $0.00 $0.00 $0,00 NO Charge $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 II II $25,275.00 I Rate EEKI Toll Free: (800) 670-4262 Local: (336) 367-6400 Fax: (336) 367-6410 Fax: (336) 367-6411 Carolina Carports, Inc Fax Number: Date: 1 212712020 11:08:32 Certification 180 MPH Allen REG= Regular I BX= Box Eave / VR= Vertical H= Horizontal Panels 1 VR = Vertical Panels ** Certification Includes MHA Double Legs Double Baserail Notes: This is a quote only, and Carolina Carports Inc. reserves the right to correct any price discrepencies that resulted from any errors made by CCI employee, or dealer. 60 of 113 CaroCma arports City of Sebastian 1225 Main Street Sebastian, FL 32958 Corporate Headquarters 187 Cardinal Ridge Trail, Dobson, NC 27017 Toll Free 1-800-670-4262 s www.carolinacarports.com RE: Sole Source Provider Letter for Purchase of 26 gauge Panels to be used iArith the 30' x gx' x 14' unit from the Quote given. to City of Sebastian The purpose of this letter is to formally document that Carolina Carports, Inc. is the sole provider of 26 gauge panels that are offered in the field.of manufacturing prefabricated metal products that has been tested and certified by Keystone Quality Assurance Program. Pricing is below any other manufacturer of a similar product with less quality. Keystone is officially recflgnized by the Florida Department of Business and Professional Regulation (DBPR) for de'monstrating compliance with the third -party quality assurance requirements cif the Florida State Product Approval Rule 9N-3 and 1CC Evaluation Reports. Roof panels ape listed ender FPA Nuns/NOA 6596.1 and 66g6.2 Wall panels are listed under FPA Num/NOA 6702.1 and 6702.2 Dutch Lap Panels are listed ender FPA NUM/NOA 6702.3*and 6702.4 Heather Smith General Manager for Carolina Carports,Inc. 61 of 113 CID Of HOME OF PELICAN ISLAND EXTRAORDINARY PROCUREMENT CERTIFICATE An Extraordinary Procurement Certificate is required whenever there is intent to have an exception made for an Emergency, Single Source or Sole Source purchase, below $15,000. Should the intended purchase not oonform to at least one of the definitions below, refer to Threshold Requirements to determine the process for the purchase. An Emergency purchase is defined as an unexpected turn of events that causes immediate danger to public health, safety and public property; or an interruption of essential governmental services or City operations. A Single Source purchase is defined as the purchase of required good/service from one source because of City standardization, warranty or other distinctive factors (provide details). A Sole Source purchase is defined as having only one practical source for the purchase of the required good/service (attach Sole Source Letter from vendor or manufacturer). Fully completed Certificates are subject to review and approval by the ProcurementlContracts Manager and City Manager DATE: June 16, 2020 TO: Ann -Marie Fraser, Cl MBA DEPARTMENT HEAD: Daniel Acosta DEPARTMENT: Police TYPE OF PURCHASE: 13 Emergency 10 Single Source Q Sale Source PROPOSED VENDOR: Carolina Carports ITEMS OR SERVICES Metal Carport REQUIRED: JUSTIFICATION FOR EXCEPTION TO NORMAL. PROCUREMENT PROCEDURE: Carolina Carports, Inc. is the sole provider of 26 gauge panels that have been tested and certified by the Keystone Quality Assurance Program. CERTIFICATION OF AVAILABILITY/NECESSITY I hereby certify that I have thoroughly reviewed the facts and circumstances of this requested purchase and that (1) the Department has an urgent needfemorgencytor the purchase of the goods/services and the emergency Is such that a delay through the use of normal competitive procuremont methods to acquire such good Iservica. would not be In the public's best interest and would be detrimental to the City; (2) due to the City's standardization, warranty or other distinctive factors only one sourc Is available or (3) the supplieer�of}he goodsfscrvlces requested is the sole source supplier. Submitted:'�Jv=4 /J Date: %1G f 0000 _ - Signature Dd"artmenl Head Approved: /% � Date: 7.IJ-0,20 Anri aria Fraser, CPPB, MBA Pro+arrr entlConoes Manager /� Approved: maul E_ Ca isle, G Vanager 62 of 113 Cfi10 SE T, �r HOME OF PELICAN ISLAND Council Meeting Date: CITY COUNCIL AGENDA TRANSMITTAL FORM June 24, 2020 Aqenda Item Title: Purchase of ten (10) mobile radio systems to install in police patrol vehicles as replacements for older radios that are being discontinued. Recommendation: Move to approve the purchase of ten (10) mobile radio systems from Communications International per sole source letter. Background: The mobile radio systems are installed in all police patrol vehicles. The radio systems are used to communicate from car to car and car to station. Officers communicate their actions and receive calls for service. The older style of radio is being discontinued in the near future and we must replace those radios with the new version. If Agenda Item Requires Expenditure of Funds: Total Cost: $30,612.11 Amount Budgeted in Current FY: $37,200.00 Amount of Appropriation Required: -0- Fund to Be Utilized for Appropriation: DST Administrative Services Department Review: ' 1 Attachments: City Manager Authorization / Date: /( 7 /,L -- ;.--) 1. Sole Source letter & form 2. Vendor Quote 63 of 113 • COMMUNICATIONS INTERNATIONAL An Employee Owned Company Communications International 4450 US Highway 1 VERO BEACH, FL 32967 Bill to Sebastian, City of - Police Department Attn.: Administrative Services 1225 Main Street SEBASTIAN, FL 32958 Sebastian, City of - Police Department Item Description DM-M78B MOBILE,XG-25M,7001800 MHZ,35W DM-PKGPT Feature Package,P25 Trunking DM-PL4F Feature, P25 Phase 2, TDMA DM-PL7M Feature,256-AES,ECP Encryption DM-PL4U Feature, Single -Key DES Encryption DM-PL5K FEATURE, PROFILE OTAP DM-PL77 Feature,512 Systems/Groups DM-ZN9Z KIT, CONVERSION, CH-25 REM CTRL HD, 30FT DM-ZN9X Kit,Accessorles,XG-25M DM-MC9R Microphone,Standard,XG-25M DM-MN1D SPEAKER, MOBILE, 4 OHM DM-Y1EWM Warranty, Extended 1 Year, Mobile AN-125001-001 Antenna Base, Standard Roof Mount AN-225001-004 Antenna,Element,7001800 2dB Low Profile Programming Trade Ins Quotation Page 1 of 2 Quotation ID Q00010346 Date 06/04/2020 Expiration date 07/04/2020 Customer C000957 Terms N30 Reference Requested By Salesperson Jeffery L Willingham Delivery address Sebastian, City of - Police Department Attn.: Administrative Services 1225 Main Street SEBASTIAN, FL 32958 Line Quantity Price Discount Net Price Extended Price 10 2,100.00 28% 1,512.00 15,120.00 10 750.00 28% 540.00 5,400.00 10 250.00 28% 180.00 1,800.00 10 495.00 28% 356.40 3,564.00 10 0.01 0% 0.01 0.10 10 265.00 28% 190.80 1,908.00 10 0.01 0% 0.01 0.10 10 481.77 28% 346.87 3,468.74 10 195.00 28% 140.40 1,404.00 10 80.94 28% 58.28 582.77 10 27.00 28% 19,44 194.40 10 80.00 100% 0.00 0.00 10 40.00 28% 28.80 288.00 10 60.00 28% 43.20 432.00 10 45.00 0% 45.00 450.00 -10 400,00 0% 400.00 -4,000.00 64 of 113 • Quotation C1 COMMUNICATIONS INTERNATIONAL An Employee Owned Company Order Acceptance - Please sign below Signature Printed name Date Page 2 of 2 Quotation I❑ Q00010346 Date 06/04/2020 Expiration date 07/04/2020 Subtotal $30.612.11 Sales tax $0.00 Total $30,612.11 Not an Invoice — Do Not Pay By signing this quotation and/or submitting a purchase order pursuant to this quotation you acknowledge that you have read and agree to be bound by Communications International, Inc.'s terms and conditions of sale, service, and technical support. Orders may be subject to shipping & handling charges. All warranties are manufacturers warranties. Terms and Conditions! www.ask4ci.com/termsandconditions 65 of 113 June 15, 2020 Sebastian Police Department ATTN: Chief Dan Acosta 1201 Main Street Sebastian, FL 32958 RE: Communications International (Ci) This letter is to certify that Communications International (Ci) is an authorized 1-31-larris Corporation Public Safety and Professional Communications Channel Partner, Warranty Service Provider and is authorized to sell and service 1-31-larris portfolio of products. Communications International (Ci) is the authorized 1-31-larris Channel Partner assigned to provide regional sales and service support. Orders for 1-31-larris equipment, service, repairs and calibrations for 1-31-larris products. and associated accessories should be placed through Communications International (Ci), If you have any further questions or concerns, I encourage you to call me at my office. Thank you again for choosing 1-31-larris and Communications International (Ci) for your communications needs. Regards, David B. Muniz Regional Channel Manager — South East Region Indirect Channel Management COMMUNECKNON SYSTEMS / 1-3HARFtIS TECHNOLOGIL5 Mobile: +194123.8 9253 wvfw_l3Harris.ram / David.Munl7CE BHarrisxom 5857 Imbe Street / North Port, FL 34286 / USA UHARRIS" 66 of 113 CROF EWGnAN HOME OF PELICAN ISLAND EXTRAORDINARY PROCUREMENT CERTIFICATE An Extraordinary Procurement Certificate Is required whenever there is intent to have an exception made for an Emergency, Single Source or Sole Source purchase, below $15,000. Should the intended purchase not conform to at least one of the definitions below, refer to Threshold Requirements to determine the process for the purchase. An Emergency purchase is defined as an unexpected turn of events that causes immediate danger to public health, safety and public property; or an interruption of essential governmental services or City operations. A Single Source purchase is defined as the purchase of required goodiservioe from one source because of City standardization, warranty or other distinctive factors (provide details). A Sole Source purchase is defined as having only one practical source for the purchase of the required goodiservice (attach Sole Source Letter from vendor or manufacturer). Fully completed Certificates are subject to review and approval by the Procurement/Contracts Manager and City Manager. DATE: June 16, 2020 TO: Ann -Marie Fraser, Cl MBA DEPARTMENT HEAD: ban Acosta DEPARTMENT: Police Department TYPE OF PURCHASE: ❑ Emergency 13 Single Souree . a Sole Soufce PROPOSED VENDOR: Communications International ITEMS OR SERVICES Ten Mobile Vehicle Radios REQUIRED: JUSTIFICATION FOR EXCEPTION TO NORMAL PROCUREMENT PROCEDURE: Communication International is the sole authorized sales and service agent for Harris Corporation PSPC for central and southwest Florida, which includes Indian River County. -- CERTIFICATION OFAVAIL BILITY/NECESSITY— ------ I hereby certify that I have thoroughty reviewed the facts and circumstances of this requested purchase and that (1) the Department has an urgent neediemergency for the purchase of the goodslservices and the emergency Is such that a delay through the use of normal competitive procurement methods to acquire such good !service° would not be In the public's best Interest and would be detrimental to the City; (2) duo to the City's standardization, warranty or other distinctive factors only one sours, is available or (3) the supplier of we goodslservices requested Is the sole source supplier_ Submitted: /�!.4�Z_-, c _ .L Date; /210 Z-4 Department Y(ead Signature ! / Approved: di .24 Date: ' 171 /fProGo Ankrraser CPPB MBA cts Hager Approved: Date: 7 ,,aul E. Carlisle, City Manager 67 of 113 an L IF HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: June 24, 2020 AGENDA ITEM TITLE: Alcohol beverage approval. RECOMMENDATION: Approve alcoholic beverages for the Nowlin Family Going Away Party Event at the Yacht Club. BACKGROUND: Shelley Nowlin is seeking Council approval to serve alcoholic beverages at the Yacht Club on Saturday, July 1lth, 2020 from 3:00pm to 7:00pm. Staff has verified Applicant's date of birth. They are expecting approximately 30*40 people. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: N/A Administrative Services Department/CFO Review: ATTACHMENTS: City Manager Authorization: � f Date: 1. Facility Rental Permit Application 2. Receipt(s) 68 of 113 �rC given t 711r17,0 CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION HI HOME OF PELICAN ISLAND 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 388-8248 *For emergency purposes ONLY, please dial 772.473.0454 Date: & I. � ❑ Community Center Name of Permittee (permit may only be issued to an adult) Physical Address Ck 41"1 F L. City State Office Use Only: $250 Security Pd: Date Initials Rental Fee 6.5% Tax Total Rental Pd: Date Initials City Manager Approval: Date Initials City Council Approval: Date (if applicable) Police Hire Verification: (If applicable) Initials Ri Yacht Club Name of Organization (if applicable) Mailing Address if different) 9ELLSO qT4 , Phone E-Mail Reason for Rental — Type of Function LAc) Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) � 11�� Re ueste q d I] to Time: From To Please answer the following yes or no: 1) Are you a resident of Sebastian? 2) Will there be an admission charge or door charge? 3) Will alcoholic beverages be served? If yes, please provide govt. issued ID proof of age r, v J � Date of Birth 3 Verified by the undersigned, acknowledge that i am the applicant or authorized agent of he—atrove referer ed organization, that I am aware of the provisions of the City of Sebastian Codes and Resofutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in—par-1 or full, of th security deposit. l`t, Igna ure of,9plicant 69 of 113 v C O W CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2051 Name Sh erLle�f r i t7 04'__n ❑ Gash Date i 1 -2"J!?-,0 2_0 ❑Check # C Ev-ent D4r- 71 r r Jz-e7,o p *Credit Coo! nor. Aw� l PAmount Paid 001001 208001 Sales Tax -50 001001 220000 Security Deposit 250' o O 001501 362100 Taxable Rent 1040,00 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services Total Paid 35(.50 Initials White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Applicant June 17, 2020 AHAC MEETING AGENDA 1. Call to Order 2. Additions or Deletions to the Agenda 3. Approval of Minutes of November 13, 2019 and January 22, 2020 Meetings 4. BCC Action on AHAC Recommendations — Bill Schutt, Chief of Long Range Planning 5. Proposed Meeting Dates (Recommendation 9) — Bill Schutt, Chief of Long Range Planning 6. HB 1339 - New Legislation for AHAC Responsibilities — Bill Schutt, Chief of Long Range Planning 7. Community Education for Issues Affecting Ability to Obtain Housing (Recommendation 7) — AHAC Discussion 8. Legal Considerations Related to AHAC Recommendations Summary List (Recommendations 4, 11, 12, and 14) — County Attorney Dylan Reingold 9. Other matters A. Former Gifford Gardens Apartments Update (Recommendation 8) B. Request for Municipalities to review/update their regulations to encourage development of more housing that is affordable to various income groups (Recommendation 10) 10. Topics for next meeting (tentatively August 19, 2020): A. Follow-up items from June meeting B. Review of DRAFT 2020 AHAC Incentives Review and Recommendation Report (Public Hearing in October) C. Review of DRAFT Proposed Revised Local Housing Assistance Plan for FY 2021 /22-2023/24 D. Process streamlining suggestions 11. Adjournment Anyone who needs a special accommodation for this meeting may contact the County's ADA (Americans with Disabilities Act) Coordinator at 772-226-1223, at least 48 hours in advance of the meeting. Anyone who may wish to appeal any decision made at this meeting will need to ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal is based June 17, 2020 AHAC Meeting Agenda Page 2 of 2 F:1Communily DevelopmenbSl IINAI IACIAHAC 2019 - 20201AIIAC 2020 - 3 Year KeviewUune 17, 202MAHAC A6ENDA -June 17 2020.docx 71 of 113 Affordable Housing Provisions by Jurisdiction April 2019 I# Type of Affordable Housing Provision IRC Fellsmere IR Shores** orchid Island" Sebastian Vero Beach I1 Density bonus for Affordable Housing YES NO NO NO NO NO 12 iDensity bonds maximum 20% N/A N/A N/A N/A N/A YES (AH Zoning 3 Small lot subidvision for Affordable Housing YES District allows small NO NO NO NO 50' wide lots) 14 Process for flexible lot size, setbacks YES; PD YES; PD/PUD NO NO YES; PD/PUD YES; PD/PUD YES, limited to 5 Accessory dwelling unit allowed on single-family lots YES homesteaded NO NO YES NO properties existing prior to 1/1/2004 16 Accessory dwelling unit rentable to non -family YES YES NO NO NO NO Expedited review for Affordable Housing projects and 2 permits YES* NO NO Consider cost impacts on Affordable Housing with 8 any local regulation proposed YES NO NO regular inventory of surplus lands for �Conducts S Affordable Housing use YES NO NO Finances water and/or sewer capacity charges for 10 affordable housing YES NO NO Applies for/obtains grants (eg CDBG) for Affordable 11 Housing YES YES NO NO YES YES YES, in 12 Allows small homes (less than 750 sq ft) by right YES NO NO NO NO Commercial Zoning Districts YES; in YES; 5% AH units set 13 Affordable Housing Set Aside (Inclusionary Zoning) aside within the NO NO NO NO New Vihages of Fellsmere Towns N IRC Staff currently proposing improvements to IRC's expedited review process, (copy of the new form is attached) O ** Coastal Towns that cannot provide affordable housing within their jurisdiction may contribute to the county affordable housing trust fund. )(see attached policy 4,6 in the county's Comprehensive Plan 1990 Housing Element and policy4.5 in the 1998 Housing Element) W F:\Community Oevelopment%SHIP\AHAC- Affordable Housing Advisory Committee (AHAC)%AHAC2019\AHAC Meeting -April 24, 2019\af!ordable housing provisions by jurisdictions mcf SJETV�V HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: March 18, 2020 Agenda Item Title: Approval to Enter into a Pre -Construction Services Agreement with Wright Construction Group, Inc., Awarded Vendor of RFQ #18-09 Design Build of City Garage and Public Facilities Storage Building Compound. Recommendation: Staff recommends that the Council APPROVE to enter into a Pre - Construction Services Agreement for $446,335.00 with Wright Construction Group, Inc., awarded vendor of RFQ #18-09 Design Build of City Garage and Public Facilities Storage Building Compound. Background: The Procurement Division, on behalf of the Public Facilities Department, recommends to Council, the approval to enter into a Pre -Construction Services Agreement with Wright Construction Group, Inc., the awarded vendor of RFQ #18-09 for the Design Build of City Garage and Public Facilities Storage Building Compound. The attached proposals are for the pre -construction services for the offsite building and surrounding facilities as well as the offsite sewer service connection between the City and County. The Design Build method is used to allow a single vendor to provide planning, design and all construction services under one contract. This ensures a unified flow of work from initial concept through completion. The Pre -Construction phase (Phase 1) of this process promotes cost and time -saving strategies to proactively solve complex problems upfront to reduce possible budget and schedule challenges. This phase includes value engineering, analyzing design ideas and developing creative alternatives and solutions. This allows for more refined estimates to reach a more concrete Guaranteed Maximum Price (GMP) to complete the project. Wright Construction Group, Inc. (Design Builder) was awarded on April 10, 2019 by City Council authorizing the City Manager to negotiate. The solicitation process included Evaluation Committee review of the submitted proposals and presentations to Council from the top -ranked firms. The award was made based on the qualifications of the firm and their ability to fulfill the City's requirements for this project. Following award, meetings were held to determine the specific needs of the City and the best way to achieve those needs. Due to the size of this project, multi -year funding is required and will be phased to achieve the end goal. If Agenda Item Requires Expenditure of Funds: Pre -Construction Services Cost: $446,335.00 Fund to Be Utilized for Appropriation: Discretionary Sales Tax Fund ` �] Administrative Services Department Budget Review: Attachments: 1. Pre -Construction Services Agreement 2. Pre -Construction Proposal (Onsite and Offsite Utilities) 3. RFQ #18-09 Council Approval City Man7eC)1,),-_),4[ r Authorization: Date: � 73 of 113 DESIGN BUILD PRE -CONSTRUCTION SERVICES AGREEMENT RFQ 18-09: Design Build of City Garage and Public Facilities Storage Building Compound This Agreement is entered into by the parties this day of 2020. 1. Parties: City of Sebastian, a municipal corporation of the State of Florida, (City). and Wright Construction Group, Inc. (Design Builder). 2. Designated Contact Person as to Cam: Scott Baker (PROJECT MANAGER) Public Facilities Director 1225 Main Street Sebastian, Florida 32958 Phone: 772-388-8113 Cell: 772-633-0897 Email: sbaker@cityofsebastian.org 3. Designated Contact Person as to Desiqn Builder: Scott Loiacano (PROJECT MANAGER) Senior Project Manager 5811 Youngquist Road Fort Myers, FL 33912 Phone: 239-481-5000 Cell: 239-243-5065 Email: scott.loiacano@wcgfl.com 4. Scope of Work. Pre -Construction services include, but are not limited to, cost estimating, value engineering, scheduling, construction phasing, constructability review, weekly design review meetings, input from key subcontractors as to build systems, and means & methods of construction. Pre -Construction is expected to last six (6) months. 5. Term and Completion Time. Pre -Construction services are expected to last six (6) months. After which time, a Construction Services Agreement will be issued for the completion of the Design Build project. Time is of the essence in the performance of this Agreement. NOTE: The City reserves the right to allow for any approved extensions. 6. Compensation. Pre -Construction services for the project and additional offsite utility work is $446,335.00. The Design Builder shall be entitled to no increase in this phase of the project. Termination of Agreement. Either party may terminate this Agreement by giving the other party thirty (30) days written notice. If either party defaults in the performance of this Agreement or materially breaches any of its provisions, the non -defaulting party may, at its option, terminate this Agreement by giving written notification thereof to the defaulting party. In the event of termination, City will be responsible for compensating Design Builder only for the Work satisfactorily completed or partially completed up to the date of termination. Design Builder shall not be entitled to compensation for loss of anticipated profit. Agreement Document. The entire agreement between the City and Design Builder, consists of: this Agreement and all exhibits hereto; the Design Build General Terms and Conditions; special conditions, if any,- proposal(s) submitted by Design Builder and accepted by the City, if any; the Construction Documents; any amendments or addenda executed by the City and the Design Builder hereafter; and City -approved change order(s) or field orders. Documents not included or expressly contemplated in this Section 8 do not, and shall not, form any part of the Agreement for Design/Build Construction. Without limiting the generality of the foregoing, shop drawings and other submittals from the Design Builder or its subcontractors and suppliers do not constitute a part of the Agreement for Design/Build Construction. • Exhibit "A" — Pre -Construction Proposal (Onsite) submitted by Design Builder • Exhibit "B" — Pre -Construction Proposal (Offsite Utilities) submitted by Design Builder City of Sebastian, Florida 1 Wright Construction Group, Inc. RFQ #t18-09 Design Build of City Garage and Public Facilities Storage Compound 70agS 11 Jf4 9. City's Project Manager. City shall designate a Project Manager. All Work done by the Design Builder shall be subject to the review, inspection and acceptance of the Project Manager and the City. Any and all technical questions which may arise as to the quality, completeness and acceptability of Work performed, or Work to be performed, interpretation of plans/specifications and all technical questions as to the acceptable fulfillment of the Agreement on the part of the Design Builder shall be referred to the City Manager who will resolve such questions. All Work shall be subject at all times to inspection and review by the Project Manager and the City. 10. Project Team. Design Builder will provide names and roles of the Project Team assigned for approval by the City. If any member of the Project Team discontinues service on the Project for any reason whatsoever, Design Builder shall promptly replace such team member with a qualified individual approved by the City, in writing, which approval will not be unreasonably withheld. 11. Schedules, Reports and Records. Design Builder shall submit to City cost schedules, progress schedules, estimates, records, reports, and any other data, as related to the provision of the Work covered under the Agreement. Furthermore, City reserves the right to inspect and audit Design Builder's books and records relating to the Agreement, when deemed appropriate by City. All schedules, reports and records of Design Builder, as they relate to the Agreement, shall be retained by Design Builder for a period of three (3) years from the date of final payment under the Agreement. 12. City Funds. If sufficient funding is not available for Design Builder to complete the Work, City reserves the right to modify the terms and conditions of the Agreement to change the Scope of Work to reduce the cost to match any available funding. If such modifications to the Scope of Work are not feasible, or if funding has been totally exhausted prior to Design Builder's completion of its Work, the Agreement shall be terminated on terms reasonably acceptable to both parties. 13. Insurance. During the term of the Agreement, Design Builder, at its sole expense, shall obtain and maintain insurance of such a type and with such terms and limits as noted below. Providing and maintaining adequate insurance coverage is a material obligation of Design Builder. Design Builder shall provide City a certificate(s) of insurance, evidencing such coverage. It is the Design Builder's responsibility to ensure that the City has current Certificate(s) of Insurance at all times during the duration of the agreement, including renewal terms. 13.1 Minimum Insurance Requirements. The coverage's, limits or endorsements required herein protect the primary interests of City, and these coverage's, limits or endorsements shall in no way be required to be relied upon when assessing the extent or determining appropriate types and limits of coverage to protect Design Builder against any loss exposures, whether as a result of the Project or otherwise. All insurance policies shall name and endorse the following as additional insured(s): the City of Sebastian and its City Council members, officers, employees and agents. General Liability Insurance: Not less than $1,000,000 Combined Single Limit per each occurrence Professional Liability Not less than $1,000,000 per each occurrence, (Errors & Omissions): covering any damages caused by an error, omission or any negligent acts. Cyber Liability: Not less than $1,000,000 per each occurrence, covering any damages arising from alteration of, loss of, or destruction of electronic data and/or information "property" of the City. Automobile Liability: Not less than $500,000 Combined Single Limit. Worker's Compensation: In accordance with Florida Statutes 440, maintain worker's compensation insurance to the extent required by law for all their employees to be engaged in work under this contract. City of Sebastian, Florida 1 Wright Construction Group, Inc. 7A5 J I RFQ #18-09 Design Build of City Garage and Public Facilities Storage Compound a� 2 0 14. Payment of Payment Requests: 14.1 Payment Requests/Invoices. Requests for payment for the provision of the Work provided under the Agreement shall be submitted no more frequently than once per month, unless stipulated differently in the Agreement or solicitation documents. All requests for payment/invoices shall be submitted in sufficient detail to demonstrate compliance with the terms of the Agreement and to allow for the proper pre -audit and post -audit thereof. Upon receipt of Design Builder's payment request/invoice, the City will review to ensure completeness and that the Work covered under the payment request has been completed in accordance with this Agreement. If it is found that the payment request/invoice is not complete, or the Work covered under the payment request does not satisfy this Agreement, the payment request may be rejected. 14.2 Prompt Payment. City shall make payment of a payment request in accordance with Chapter 218, Part VII of the Florida Statutes "Local Government Prompt Payment Act" from the date which a properly received payment request/invoice is recorded as received by City, for Work completed to the satisfaction of City. 15. Indemnification. The Design Builder shall indemnify and hold the City harmless from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise out of the use and occupancy of the property by the Design Builder, its family, associates, Design Builders, agents, employees, customers and attendees. This paragraph shall survive the expiration or termination of this agreement. Nothing in this agreement shall be construed as the City waiving its immunity pursuant to §768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. 16. Public Records: Design Builder will keep and maintain public records required by the City to perform the service. Upon request from the City's custodian of public records, Design Builder will provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statues, or as otherwise provided by law. Design Builder will ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of the Agreement and following completion of the Agreement if Design Builder does not transfer the records to the City. Upon completion of the Agreement, Design Builder will transfer, at no cost, to the City all public records in possession of the Design Builder or keep and maintain public records required by City to perform the service. If Design Builder transfers all public records to City upon completion of the Agreement, Design Builder shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Design Builder keeps and maintains public records upon completion of the Agreement, Design Builder shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology system of the City. If Design Builder does not comply with the City's request for public records, the City shall enforce the provisions of the Agreement in accordance with the terms of the Agreement and may cancel the Agreement. IF DESIGN BUILDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO DESIGN BUILDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT JEANETTE WILLIAMS, CUSTODIAN OF PUBLIC RECORDS, AT 1225 MAIN STREET, SEBASTIAN, FL 32958; EMAIL: jwilliams@cityofsebastian.org; PHONE: 772-388-8215. City of Sebastian, Florida 1 Wright Construction Group, Inc. RFQ #18-09 Design Build of City Garage and Public Facilities Storage Compound 749f31Al 17. Disadvantage Business Enterprise (DBE). The DBE requirements of applicable federal and state laws and regulations apply under this agreement, as defined in 49 C.F.R. Part 26. DBEs should have a fair and equal opportunity to compete for dollars spent by the City of Sebastian to procure construction -related services. Design Builder shall use good faith efforts to ensure opportunities to compete for and perform contracts are available on the Project. 18. Waiver. The delay or failure by City to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of City's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude the City of any other or further exercise thereof or the exercise of any other right. 19. Severability. If a court deems any provision of the Agreement void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 20. Survival. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive completion or termination of the Agreement for any reason. 21. Authority. Each person signing the Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year noted above. ATTEST (SEAL): Jeanette Williams, MMC CITY CLERK Approved as to form and legality for reliance by the City of Sebastian only: Manny Anion Jr., Esq. CITY ATTORNEY THE CITY OF SEBASTIAN: BY: Paul E. Carlisle CITY MANAGER WRIGHT CONSTRUCTION GROUP, INC. BY: Fred M. Edman PRESIDENT City of Sebastian, Florida 1 Wright Construction Group, Inc. 77 RFQ #18-09 Design Build of City Garage and Public Facilities Storage Compound 7Pa9141A wcc WRIGHT February 13, 2020 Scott Baker Public Facilities Director; Airport Director City of Sebastian — Public Works Maintenance and Garage Compound -- Design Build 1225 Main Street Sebastian FL 32958 RE: Preconstruction Proposal for Design Build of the City of Sebastian Public Works Maintenance and Garage Compound — Revision 3 Dear Scott, Wright Construction Group would like to thank you for this opportunity to present you with our proposal for pre -construction services for the above referenced project. We here -in propose to work on the proposed services to become the base of the contract. Construction costs will be added in to the base contract by amendment once this GMP has been established and approved by the City. Our proposal is based on the following assumptions: 1. The design and construction progress schedules will be established during the preconstruction phase and coordinated with the City. 2. The construction budgets are currently yet to be established Preconstruction services include the following: 1. Work with the City and BSSW to develop the project to the construction phase based on meetings with the City. 2. Manage the design services being performed by BSSW and their sub consultants. 3. Survey and geotechnical soil borings are included by the Civil Engineer in the preconstruction proposal. 4. Perform redi-check and Clash Detection on the construction documents to identify any conflicts, questions, omissions, and submit requests for information (BFI's) to the design team for clarification. 5. Prepare milestone documents for the Review and Approval of the City including a Schematic and Design Development set in addition to the final for construction set of documents 6. Develop a schematic estimate for the project based on design concepts prepared by the Architect. 78 of 113 7. Develop a progress estimate to within 10 % of the cost of the project, when the design development documents are developed to 50-60 %. 8. Provide and recommend value engineering and cost savings alternatives throughout the process. 9. Attend project related meetings and provide written records of the meetings (as required). 10. Solicit and pre -qualify subcontractors and vendors for the project. 11. Develop bid packages for all major components of the project to issue with bid invitations. 12. Provide the appropriate bid documents needed for subcontractor and vendor pricing. 13. Advertise and solicit bids via our on-line plan room, and other public sources 14. Conduct pre -bid meetings to inform prospective bidders and minimize unknowns. 15. Provide additional Value Engineering received from Subcontractors and Vendors after the bidding process has been completed and before the GMP is submitted. 16. Identify critical scheduling issues and develop milestones as required. 17. Prepare a construction detailed schedule to attach to subcontracts when issued. 18. Develop a Phasing Plan (if required) 19. Develop a Site Utilization Plan 20. Establish the Guaranteed Maximum Price (GMP). 21. Include an owner's contingency in the GMP. We propose to present this project in a series of GMP's (Guaranteed Maximum Price) and not to restrict it by line item. ALL design services for Schematic. Design Development, and GMP Phases from BSSW and sub consultants required to establish the GMP are included in this proposal. The Project contingency will be managed by the project team with the entire unused portion returned to the Owner upon completion and close out of the final pay application. The Project contingency will not be spent without approval from the Owner. Our proposed lump sum fee for the above services is $ 386,857.00 (Three Hundred Eight Six Thousand Eight Hundred Fifty Seven Dollars) which will be invoiced on a periodic basis as preconstruction milestones are achieved. We propose to prepare the general conditions necessary to manage the construction phase of the project and submit them with the Guaranteed Maximum Price. Please review our proposed scope of services for this phase of your project and contact me with any questions or comments regarding same. Respec ly Submitted, 110 �i Scott Loiacano Senior Project Manager Page 2 of 2 79 of 113 City of Sebastian Public Works Building Preconstruction Phase Services 2/13/2020 Schematic Design Phase Develop the preliminary conceptual design and subsequent schematic design documents. This preliminary phase will also include the necessary site survey and geotechnical testing. A schematic estimate will be created from all available documents provided by BSSW and Carter Associates. The schematic estimate will include the new Public Works Building with all associated sitework and related infrastructure improvements, Schematic design phase will include some V.E. as we consider major building components. $86,830 Design Development Phase Once the preliminary design is approved, we will proceed with the design development drawings. At this stage, the design will begin to fill in the details of the major strucutral and MEP elements as well as architectural details and specifications. In addition to developing the building details and the major structural and MEP design elements, these documents will also include the major site plan development including drainage and utilities, all zoning and other items required for the city's checklist of requirements. We will provide more detailed estimates at this stage and verify that the design team is working within the budget parameters established in the Schematic Stage. We will also begin looking at Constructability and Life Cycle Costs of the building elements and make recommendations to the City and the Design Team where appropriate. Value Engineering as a process is integral with this effort and will continue through Design Development. $101,700 GMP Phase At this stage in preconstruction, all construction documents shall set forth in detail the requirements for the construction of the project. This will include all final structural, mechanical, and electrical calculations, drawings, and specifications. Any required offsite sanitary designs are included. In addition, all permitting services will be finalized in this phase as well. (permit fees are not included) Detailed scopes of work will be finalized for each division of work. The subcontractor bid process will be expanded at this point to include broadcast advertising through multiple outlets, prequalifying, and holding pre -bid meetings to ensure an understanding of scopes, schedule, and site constraints. Red! -Check will be performed again to flush out any potential issues in the documents. Final CPM schedules will be created for each phase of the project. RFI's will be coordinated with the appropriate design professionals. Material purchases will be negotiated with major suppliers where advantageoud to the City. Receive, review, and qualify bids from subcontractors. Finalize GMP for presentation to the City of Sebastian. $171,220 Misc. Administrative Costs $0 G/L Insurance $1,799 Subtotal $361,549 7% Fee (OH & P) $25,308 Total Preconstruction Phase Services $386,857 * NOTE: Included in WCG Preconstruction Services above are ALL Civil. Architectural. Structural & MEP Designs for ALL Phases. Preconstruction Dhase services amount above is ALL inclusive. 80 of 113 February 13, 2020 Scott Baker Public Facilities Director; Airport Director City of Sebastian — Public Works Maintenance and Garage Compound — Design Build 1225 Main Street Sebastian FL 32958 RE: Preconstruction Proposal for Design Build of the City of Sebastian Airport Drive West Off -Site Utility Project Dear Scott, Wright Construction Group would like to thank you for this opportunity to present you with our proposal for pre -construction services for the above referenced project. As requested, we here -in propose to work on the proposed services to become the base of the contract. Construction costs will be added in to the base contract by amendment once this GMP has been established and approved by the City. Our proposal is based on the following assumptions: 1. The design and construction progress schedules will be established during the preconstruction phase and coordinated with the City. 2. The construction budgets are currently yet to be established. Preconstruction services include the following: 1. Work with the City and Carter and Associates, Inc. (Civil Engineer) to develop the project to the construction phase based on meetings with the City. 2. Manage the design services being performed by Carter and Associates, Inc. and their sub consultants. 3. Survey services are included by the Civil Engineer in the preconstruction proposal. 4. Provide civil construction documents and specifications for review with the City of Sebastian any other municipalities. 5. Electrical design for grinder pump station connections located at existing and future private residences is not included at this time. 6. Electrical design and estimates for connection to the regional lift station is included in the base project preconstruction and conceptual design estimates. 7. Perform a constructability review of the project construction documents and specifications. 81 of 113 8. An opinion of probable cost to be developed during the design development stage. 9. Attend project related meetings and provide written records of the meetings (as required). 10. Provide the appropriate bid documents needed for subcontractor and vendor pricing. 11. Advertise and solicit bids via our on-line plan room, and other public sources 12. Conduct pre -bid meetings to inform prospective bidders and minimize unknowns. 13. Prepare a construction detailed schedule to attach to subcontracts when issued. 14. Develop a Phasing Plan (if required) 15. Develop a Site Utilization Plan 16. Establish the Guaranteed Maximum Price (GMP). 17. Include an owner's contingency in the GMP. We propose to present this project in a series of GMP's (Guaranteed Maximum Price) and not to restrict it by line item. ALL design services for Design Develoument. and GMP Phases from the Civil Engineer. Carter and Associates. Inc.. and sub consultants reauired to establish the GMP are included in this DroDosal. The Project contingency will be managed by the project team with the entire unused portion returned to the Owner upon completion and close out of the final pay application. The Project contingency will not be spent without approval from the Owner. Our proposed lump sum fee for the above services is $ 59,478.00 (Fifty -Nine Thousand Four Hundred Seventy -Eight Dollars) which will be invoiced on a periodic basis as preconstruction milestones are achieved. We propose to prepare the general conditions necessary to manage the construction phase of the project and submit them with the Guaranteed Maximum Price. Please review our proposed scope of services for this phase of your project and contact me with any questions or comments regarding same. Respectfully Submitted, Scott L acano Senior Project Manager Page 2 of 2 82 of 113 City of Sebastian Public Works Off Site Utilities Preconstruction Phase Services 2/13/2020 Schematic Design Phase Preliminary design sketches to identify scope. $0 Design Development Phase Once the preliminary design is approved, we will proceed with the design development drawings. Includes coordination of lift station location, multiple progress meetings, design analysis, grant application coordination, including updated sketches and opinions of probably costs. Electrical design to the lift station and actual power will be included in the garage compound project. Electrical design to grinder pump stations from existing and future private residences is not included at this time. Includes topographic surveys required, locates of existing driveways, elevations, and proposed property lateral connections. Includes regional lift station design to existing properties on Airport Drive West and 4 Each proposed service lateral connections to properties. Includes formal construction plans and specifications for the gravity sewer, force main, and lateral connections as required. Includes complete permitting services for Indian River County (Utility) , City of Sebastian (Right Of Way), and FDEP (General Permit for Construction of Wastewater Collection System). Wright Construction group to facilitated and coordinate as necessary. $30,950 GMP Phase At this stage in preconstruction for the off site utilities, all construction documents and specifications have been completed prior. Necessary permitting will also be well underway. The subcontractor bid process will begin at this point to include broadcast advertising through multiple outlets, and holding pre -bid meetings to ensure an understanding of scopes, schedule, and site constraints. Redi-Check will be performed again to flush out any potential issues in the documents. Final CPM schedules will be created. RFI's will be coordinated with the appropriate design professionals. Material purchases will be negotiated with major suppliers where advantageous to the City. Receive, review, and qualify bids from subcontractors. Finalize GMP for presentation to the City of Sebastian. Construction services for Carter and Associates, Inc. are included in this proposal. Includes Civil Engineering "on - site" representation as necessary and system certification and "as-builts" for permitting agencies. $24,360 Misc. Administrative Costs $0 G/Llnsurance $277 Subtotal $55,587 7% Fee (OH & P) $3,891 Total Preconstruction Phase Services $59,478 * NOTE: Included in WCG Preconstruction Services above are ALL CIVIL DESIGN AND CONSTRUCTION SERVCIES. Preconstruction chase services amount above is ALL inclusive. 83 of 113 Regular City Council Meeting April 10, 2019 Page Four Roll Call: Motion carried Council Member Dodd — aye Council Member McPartlan — absent Vice Mayor Kinchen — aye 4-0 Council Member lovino — aye Mayor Hill — aye 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. 19.018 A. Natural Resources Board (Transmittal, Applications. Ad. List) i. Interview, Unless Waived, Submit Nominations for One Regular Member Position Natural Resources Board — Term to Expire 7/1/2022 Mayor Hill nominated Donna Ware to the regular member position. There were no other nominations. Ms. Ware will fill the regular member position to expire July 2022. 9. PUBLIC HEARINGS - None 10. UNFINISHED BUSINESS - None 11. PUBLIC INPUT Rick Lewis described the Wreaths Across America Program and said he would like to bring this ceremony to the Sebastian Cemetery on December 14, 2019. Mayor Hill invited him to work with the City Manager. 12. NEW BUSINESS 19.050 A. Desion-Build Public Facilities Compound Presentations by Top Three Candidates (Transmittal) The City Manager said seven qualified firms responded to the request for qualifications, which were narrowed down to three by the selection team. The top three firms were present to make a brief presentation to Council, followed by a question and answer period. 6:18 pm i. Ahrens Companies Richard Ahrens presented a PowerPoint presentation outlining their brief history, accolades and testimony of similar projects. (See attached) Mayor Hill said he wanted to be careful about the aesthetics of the building and asked what it would take to make their design more appealing. Fernando Savala, licensed architect, responded there were many options to keep it within price to make it more palatable and compatible with the area. Council Member Dodd asked if the building would be leed certified. Mr. Ahrens said it wasn't requested in the RFQ documents but they could prove the required points necessary for certification, but it would cost $10-15K more to become certified. Council Member lovino asked if a scaled down, rolled bay door would be possible as depicted in their Palm Beach Garden Fire Station photo. Mr. Ahrens said their six doors were $250K. 4 84 of 113 Regular City Counc] Meeting April 10. 2019 Page Five Vice Mayor Kinchen noted the front of building faces Airport Drive West and the rear will face Roseland Road with a huge buffer so residents won't see too much of the building. 6:40 pin ii. Wright Construction Scott Loiacano presented a PowerPoint presentation describing their work methodology. (See attached) 6:57 pm Mayor Hill said he appreciated their zero change order philosophy and thew aesthetic design. Mr Loiacano said they would be hiring local subcontractors with Wright Construction supervision. Council Member lovino said he appreciated the one-way entrance, function of the building layout, one year start -to -finish, the zero change order. and the cyclic punch -out list. There will be showers which are not depicted in the slide. While they did not anticipate building a leed certified building, Mr. Loiacano said the desired level should be discussed at the construction design phase. The City Manager noted it was not requested in the RFQ that the project will be completed in a year, but it is to be a phased project. 7:00 pm iii. W & J Construction Eric Kauffman, President, introduced his associates and presented a PowerPoint presentation, (See attached) He noted that W & J Construction is the closest to the City and 70% of their business involves municipalities. Mayor Hill asked how they could make the building more aesthetically appealing. Mr Kaufman said they could come up with some siding, overhangs or a more prominent entry feature would add to the appearance of the building. Mr. Kauffman said there is no learning curve with his team and their main focus was to bring to the City a pleasing building at a competitive local market cost. TG9 pm 19.050 AA Selection of Desion-Build Contractor for New Public Facilities Conlooilnd and Authorization of Citv Manager to Negotiate a Work Service Agreement The City Manager asked Council to rank the three firms, then direct staff to negotiate the final design, contract and maximum price. Mayor Hill recommended that Council choose 1) Wright Construction, 2) Ahrens, then 3) W & J. Council Member Dodd agreed with Mayor Hill's ranking. Vice Mayor Kinchen said all three presentations were great, she could go either way with Wright Construction and Ahrens. MOTION by Mayor Hill and SECOND by Council Member Dodd to begin to negotiate with 1) Wright Construction, 2) Ahrens Companies, then 3) W & J Construction. There was no public input, 85 of 113 Regular City Council Meeting April 10, 2019 Page Six Roll Call: Council Member lovino — aye Council Member McPartlan — absent Mayor Hill — aye Vice Mayor Kinchen — aye Council Member Dodd — aye Motion carried. 4-0 19.051 B. Award As -Needed Concrete Construction Service Agreements to Santa Cruz Construction. Inc. and Tim Rose Contractinq. Inc. and Authorize the Citv Manaqer to Execute the Aopropriate Documents (Transmittal. RFB. Responses) The City Manager said proposals went out on three different occasions and this time Santa Cruz and Tim Rose Construction responded. He asked for dual award because there were different pricing structures based on what will be needed. MOTION by Council Member Dodd and SECOND by Council Member lovino to award as - needed concrete construction service agreements to Santa Cruz Construction and Tim Rose Contracting, Inc. There was no public input Roll Call: Mayor Hill — aye Vice Mayor Kinchen -- aye Council Member Dodd — aye Council Member lovino — aye Council Member McPartlan — absent Motion carried. 4-0 19.052 C. Approve Piaav-Backing of Collier Countv Agreement with Eric Rvan Corporation for Utilitv Audits for a Twelve_f 12) Month Period and Consecutive Automatic Twelve (12) Month Renewals and Authorize the Citv Manaqer to Execute Appropriate Documents (Transmittal, Aqreement. Lists. Recommendations, Aqreement) The City Manager said Eric Ryan Corporation has given us a proposal to review and monitor our utility billing whereby the City would get to keep any savings they find after 20%. MOTION by Council Member Dodd and SECOND by Council Member lovino to approve an agreement with Eric Ryan Corporation to audit the City's utilities. Roll Call: Mayor Hill — aye Vice Mayor Kinchen — aye Council Member Dodd — aye Council Member lovino — aye Council Member McPartlan — absent Motion carried. 4-0 19.053 D. Consider Lien Reduction and Disposition of Fine in Exchange for Developer's Agreement for 1671 U.S. Hiqhwav 1 (Transmittal. Request. Calculations, Aqreement) The City Manager stated the current owner of the building at 1671 U.S. Highway is required to clear up some fines before the new owner, AT&T, can move in. He asked City Council to consider reducing the fines so the building can be demolished and the land put back on the tax roll. 6 86 of 113 CM Of SE�V HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: June 24, 2019 Aqenda Item Title: Approval to "Piggyback" Florida State Contract #21100000-15-1, Agriculture and Lawn Equipment to Replace an Athletic Field Groomer Using the General Fund Renewal & Replacement Account. Recommendation: Staff recommends that the Council APPROVE "Piggyback" Florida State Contract #21100000-15-1 and APPROVE a Budget Adjustment to Use the General Fund Renewal & Replacement Account for the Replacement Purchase of a Toro Athletic Field Groomer. Backqround: The Procurement Division, on behalf of the Leisure Service Department, requests Council's approval to "piggyback" Florida State Contract #21100000-15-1, Agriculture and Lawn Equipment for the replacement purchase of a Toro Athletic Field Groomer for the Leisure Services Department — Parks Division. "Piggybacking" guarantees that the same pricing and contract terms will be honored while the contract is active; this includes any contract extensions or renewals. The initial contract term was September 1, 2015 — June 30, 2017, with a renewal term of July 1, 2017 — June 30, 2020. This purchase is to replace the current field groomer that has out lived its expected life. During budget planning in 2019, a replacement was considered but it was thought that the groomer would last at least another year for purchase in 2021. Manufacturer and specifications of the current mower was provided by the end -user department and it has been determined that it is in the best interest of the City to continue to use this type of equipment. This equipment falls under Group 18: Golf and Sports Specialty Equipment and Accessories, Sub Group 34: Walk -behind 1 Push power Equipment or Riding Equipment: Sod cutters, Edgers, Sprayers, Spreaders, Aerators, Overseeders, etc. of Florida State Contract #21100000-15-1. For Toro brand equipment in this group, was awarded to Wesco Turf, Inc. While Toro equipment is awarded on other public/cooperative contracts (Sourcewell), the Florida State Contract mentioned herein provides the lowest total cost for the replacement equipment. If Acienda Item Reaulres Exr)enditure of Funds: Total Cost: $19,006.59 Fund to Be Utilized for Appropriation: General jFund Rene al & Replacement Administrative Services Department Review:` l.� �— Attachments: / 1. Quote from Wesco Turf, Inc. — Hector Turf 2. Signed Intent to Piggyback 3. Price List 4. Contract Documents City Manager Authorization Date: 6 I ( ;? /,4 , 87 of 113 0—M� � I Wt.ill 1301 NW 3rd Street Quotation I Deerfield Beach, FL 33442 Tel 954-429-3200 Fax 954-725-6701 Sold To: Date: Date: 06/15/20 City of Sebastian Quote 9 Quote # Q48532-2 Attn: Mr. Brian Benton Terms Terms N30 1225 Main Street Sebastian, FL 32958 Via Email: bbenton4kitvofsebastian,ort= I City of Sebastian If Qty. Model Description MSRP Unit Price Unit Price 1 08705 Toro Sand Pro 5040 S20,095.75 S 15,875.64 S 15,875.64 1 08733 Spring Tine Toolbar $1,024.48 $ 809.34 $ 809.34 l 08731 Mid -Mount Assembly $1,463.25 $ 1,155.97 $ 1,155.97 4 l 08751 Tooth Rake $1,475.50 $ 1,165.64 $ 1,165.64 Total Amount For (1) Toro Sand Pro 5040 S 19,006.59 pricing per Florida State Contract# 21100000-15-1 Terms.• All prices quoted FOB Deerfield Beach unless otherwise indicated. The preceding pricing is valid for 30 Days. Prices and incentives based upon complete package purchase. Prices include assembly where applicable and accessability to parts and service manuals. Timing of delivery may vary and is subject to manufactures availability. Purchaser is responsible for applicable taxes and duties. No credit card payments on equipment purchases. Quotation Provided By: HECTOR TURF Jason DuPree Account Representative Government and Municipals Serving South Florida for Over 100 Years 1 of 1 88 of 113 June 15, 2020 Frank Pitman Wesco Turf, Inc. 2101 Cantu Ct Sarasota, FL 34232 cm �> Oak...- T:h HOME OF PELICAN ISLAND Administrative Services — Procurement Division 1225 fain Street — Sebastian, Florida 32958 Emil: frank.pitman@wescoturf.com SUBJECT- Notice of Intent to Piggyback Contract #21100000-15-1 (Florida State Contract) AGRICULTURE AND LAWN EQUIPMENT Dear Mr. Pitman,. The City of Sebastian intends to piggyback the above referenced Florida State Contract in accordance to the City's Ordinance Section 2-10 (c)(2)_ The authorized Dealer being used is Hector Turf. Acceptance of piggybacking guarantees that the some pricing and contract terms will be honored for the purchase of goods/services made while the contract is active; this includes any contract extensions or renewals. Period Covered: by Contract: September 1. 2015 -- June 30. 2€920 Please return the signed Notice of Intent to Piggyback and an updated Certificate of Insurance to the City by Wednesday, June 17, 2020 via email to afraser@cityofsebastian.org, Should you have any questions, please contact Ann -Marie Fraser, CPPB, MBA — Pr urement(Contracts Manager, at (772) 388-8231 or afraser@cityofwbasban.org. We value your association with the City of Sebastian. Sincerely, a4r2eC%G" - %rl jer Ann -Marie Fraser, CPP8. MBA Procurement/Contracts Manager Check one, Dies Wesco Turf, Inc. — Hector Turf WILL honor lancing submitted in reference to #21100000-16-1 (Florida State Contract). 0No Wesco Turf, Inc. — Hector Turf WILL NOT honor pricing submitted in reference to #21100000-15-1 (Florida State Contract). f Frank Pitman, Contract AdministraW — Wesco Turf, Inc. Date ��l7�ZQ Jaso � IPree, Account Representative — }lector Turf D to 89 of 113 Sub Groups I Model I Item Description I State Price 21100000-15-1 Agriculture and Lawn Equipment Wesco Turf, Inc. Group 18 Sub Group 34 B 02610 Toro HoverPro 450 $ 834.33 B 02611 Toro HoverPro 550 885.11 B 02619 Hi -Rise Kit - HoverPro 450 $ 82.23 B 02622 Transport Wheel Kit - HoverPro 450, 500 & 550 $ 91.09 B 02623 Extension Handlebar Kit $ 31.44 B 02657 Toro ProStripe 560 $ 1,522.75 8 07053 Toro Versa Vac $ 18,209.351 B 07055 New Rake 0 Vac $ 31,377.24 B I 07068 Toro Pro Sweep 11,604.04 B I 070$0 Hand Held Hose - Versa Vac $ 935.10 B I 07081 Rubber Finger Deck $ 3,798.42 B 07082 Combination Deck $ 7,116.40 B 07162 Street Broom Includes Bearings & Sprockets $ 2,126.54 B 09703 Toro Sand Pro / Infield Pro 3040 13,838.58 B 08705 Toro Sand Pro / Infield Pro 5040 $ 15,875.64 B 08706 Toro Sand Pro 2040Z $ 9,317.89 B 08712 Front Lift Frame ASM 1,429.25 B 08713 Flex Blade $ 810.95 B 08714 Manual Blade (40") $ 1,233.36 0 08716 Tooth Rake - Sand Pro 204OZ $ 1,275.27 0 08717 Nail Drag - Sand Pro 204OZ $ 1,458.26 0 08718 Drag Mat Kit - SP204OZ $ 434.49 0 I 08719 Brush Kit -Sand Pro 2044Z $ 625.55 0 I 08720 Speed Limit Kit - Sand Pro 204OZ 259.57 0 I 08721 Light Kit - SP2040Z $ 359.53 0 li 08731 Mid -Mount ASM $ 1,155.97 0 08732 Weeder Tine Toolbar $ 766.62 0 08733 Spring Tine Toolbar $ 809.34 0 08734 Solid Tine Toolbar 765.81 0 08735 Carbide Tine Toolbar $ 1,142.46 0 08751 Tooth Rake $ 1,165.64 0 I 09752 Spring Rake $ 585.24 0 I 08753 Segmented Grooming Broom $ 1,299.46 0 08754 QAS Finish Grader 2,168.45 0 08755 QAS Spiker $ 3,305.07 0 08756 Drag Mat Carrier system $ 1,093.90 0 08757 Steel Drag Mat $ 236.19 0 08758 Coco Drag Mat $ 403.97 0 08759 OAS Debris Blower 3,557.39 0 08761 QAS Nail Drag $ 1,076.16 0 I 08762 QAS Flex Groomer Kit (for Nail Drag 08761) $ 802.89 0 I 08763 AutoMat Drag Mat $ 786.77 l 0 I 08765 QAS Bunker Pump 2,979,40 0 08766 QAS Vibratory Edger 2,964.90 0 I 08767 QAS Flex Tooth Rake 1,254.38 0 I 087g1 Rear Remote Hydro 1,547.75 0 08783 Front Remote Hydro $ 521.56 0 I 08790 QAS Synthetic Turf Conditioner $ 2,230,52 0 08794 Turf Groomer -QAS $ 1,088.25 0 08816 Broom -Tooth Rake $ 659.40 0 09200 Toro ProCore 648 $ 21,254,86 0 09220 Windrower Kit $ 411.92 0 09225 Tire Scrapers $ 93.51 90 of 113 FLO DA DEpAJrtMF,;TOf MFaMAGEMM$ERVQS state Purchasing �� . !`� ser-wr RAeEa ra' sor+�B P'Bc7rlsia AMENDMENT NO,; 1 Contract Renewal Contract No.: 21100000-15-1 Contract Name: AgricuHure and Lawn Equipment If. Contract Renewal. Pursuant to section 4.15 "Renewal," State Term Contract No, 21100000-15-1 is renewed for a period of three (3) years under the same terms and conditions, with a new contract expiration date of June 30, 2020. Ill. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment snail control. IV. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. V. Effect, Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. State of Florida: Contractor: Department of Management Services Wesce Turf Inc. Dame: Debra-FoTbew Title-, A;diTdnWWWn Cate: Agriculture and Lawn Equipment State Term Contract No., 211GOOM15-1 By. �.. _. Title: rate v xfaL � CO-41 �°�` Date: `- Page 6 of 6 91 of 113 CITY OF 5ET�N HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: June 24, 2020 Agenda Item Title: Approval to enter into a Piggyback Agreement with M.T. Causley, LLC — a SAFEbuilt Company, for as needed Building Inspection Services. Recommendation: The Procurement Division, on behalf of the Building Department, recommends that the Council APPROVE to enter into a Piggyback Agreement with M.T. Causley, LLC — a SAFEbuilt Company for as needed fire and building inspection and plan review. Background: SAFEbuilt has been providing services since 2018 under a piggyback contract that recently expired from Orange County, FL. To continue receiving the type and level of service with comparable rates, a new piggyback agreement from Town of Astatula, FL is being proposed. This new agreement provides for fire inspector and plans review services as well as building inspector and plans review services as needed. In accordance with the City's Ordinance Section 2-10(c)(2) "Piggyback", the procurement procedures carried out by the awarding agency are equivalent to that of Sebastian's procurement process. "Piggybacking" guarantees that the same pricing and contract terms will be honored for the purchase of goods/services made while the contract is active; this includes any extensions or renewals. Period Covered by this Aareement_ `This Agreement shall be effective on the latest date on which this Agreement is fully executed by both Parties. The initial term of this Agreement shall be twelve (12) months, subsequently, Agreement shall automatically renew for twelve (12) month terms; unless prior notification is delivered to either Party thirty (30) days in advance of the renewal date of this Agreement. In the absence of written documentation, this Agreement will continue in force until such time as either Party notifies the other of their desire to terminate this Agreement." Effective date of the Original Agreement between Town of Astatula, FL and M.T. Causley, LLC — a SAFEbuilt Company was March 24, 2020. If Agenda Item Reauires Expenditure of Funds: Total Cost: $105.00 per hour (as needed — 2 hour minimum) Amount Budgeted in Current FY: $8,500.00 Fund to Be Utilized for Appropriation: Building Department En riprise Fund � Administrative Services Department Budget Review:" 1 � . 1 Attachments: 1. Proposed Piggyback Agreement wl Original Agreement 2. Executed Intent to Piggyback 3. Award Document from M.T. Causley, LLC —a SAFEbuilt Company City Manage Authorization L� Date: / / / 7�� - 4X 92of113 "PIGGYBACK" AGREEMENT Town of Astatula, FL — RFP Building Inspection Services This Agreement is entered into by the parties this day of , 2020. 1. Parties: City of Sebastian, a municipal corporation of the State of Florida, (City). and M.T. Causley, LLC — A SAFEbuilt Company (Consultant). 2. Designated Contact Person for City: 3. Designated Contact Person for Consultant: Wayne Eseltine, CBO FSI CFM Thomas M. Walsh Building Director / Fire Marshal Account Manager 1225 Main Street 18001 Gulf Blvd, Sebastian, Florida 32958 Redington Shores, FL 33708 Phone: 772-388-8235 Phone: 407-615-1964 Email: weseltine@cityofsebastian.org Email: twalsh@safebuilt.com 4. "Piggyback". City of Sebastian Procurement Ordinance Section 2-10 (c)(2) allows for "piggybacking" contracts/agreements. Pursuant to this procedure, the City has authority to utilize contracts or master ; agreements of state, federal or other local governments or other public entities, and there is no need to obtain formal or informal quotes, proposals or bids. The Parties agree that the Consultant has entered a contract with Town of Astatula, FL, identified as: Professional Services Agreement, referred to as the i "Original Agreement" (Exhibit "A"). 5. Terms and Conditions. All terms and conditions set out in the Original Agreement are fully binding on the Parties and are incorporated herein. 6. Fees. All fees for services performed in accordance to the Scope of Services are set out in the Original Agreement, section 3 — Fee Structure. 7. Scope of Services. Consultant can provide services from the following list: a) Building Official Services b) Building, Electrical, Plumbing and Mechanical Inspection Services c) Plan Review Services d) Fire Plan Review and Inspection Services 8. Modification to Original Agreement. Notwithstanding the requirement that the Original Agreement is fully binding on the Parties, the Parties have agreed to modify and add certain technical provisions as applicable to this Agreement between the Consultant and the City, as follows: a. Article 12 — Indemnification: The Consultant shall indemnify and hold harmless the City from any and all third- party personal injury or property damage claims, liabilities, losses or causes of action to the extent arising from Consultant's (i) negligent or unlawful use or occupancy of the property or (ii) use or occupancy of the property in breach of any lease agreement between City and Consultant. NOTE: Nothing in this agreement shall be construed as the City waiving its immunity pursuant to §768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity." b. Article 14 - Insurance: Consultant shall provide a Certificate of insurance naming the City as an "additional insured". c. Section 23 — Notices: The Consultant agrees that all business will be Conducted and all notices and invoices shall be mailed to: City of Sebastian 1225 Main Street, Sebastian, FL 32958 d. All other provisions in the original contract are fully binding on the Parties and will represent the agreement between the City and Consultant. City of Sebastian, Florida / M.T. Causley, LLC - A SAFEbuilt Company "Piggyback" Town of Astatula, FL - RFP Building Services Page 1 of 2 93 of 113 9. Waiver. The delay or failure by City to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of City's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude the City of any other or further exercise thereof or the exercise of any other right. 10. Severability. If a court deems any provision of the Agreement void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 11. Survival. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive completion or termination of the Agreement for any reason. 12. Authority. Each person signing the Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year noted above. ATTEST (SEAL): Jeanette Williams, MMC CITY CLERK Approved as to form and legality for reliance by the City of Sebastian only: Manny Anon Jr., Esq. CITY ATTORNEY THE CITY OF SEBASTIAN L'- 7 Paul E. Carlisle CITY MANAGER M.T. CAUSLEY, LLC — A SAFEBUILT COMPANY Michael T. Causley PRESIDENT City of Sebastian, Florida 1 M.T. Causley, LLC - A SAFEbuilt Company "Piggyback" Town of Astatula, FL - RFP Building Services Page 2 of 2 94 of 113 EXHIBIT "All "Piggyback" Agreement Town of Astatula, FL - RFP Building Inspection Services PROFESSIONAL SERVICES AGREEMENT BETWEEN TOWN OF ASTATULA AND M.T. CAUSLEY, LLC — A SAFEBUILT COMPANY This Professional Services Agreement ("Agreement") is made and entered into by and between Town of Astatula ("Municipality") and M.T. Causley, LLC, a Florida limited liability company, ("Consultant"). Municipality and Consultant shall be jointly referred to as "Parties". RECITALS WHEREAS, on January 29, 2020, Municipality issued Request for Proposal for Building inspection Services ("RFP"); and WHEREAS, on February 10, 2020, a recommendation was made to the Town Council regarding the top ranked Firm, approving the award of the RFP to Consultant; and WHEREAS, Municipality desires to retain Consultant to perform Building Inspection Services; and WHEREAS, Consultant is ready, willing, and able to perform Services. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, Municipality and Consultant agree as follows: I. SCOPE OF SERVICES Consultant was selected pursuant to RFP for Building Inspection Services. To the extent of inconsistencies with this Agreement or the RFP, the terms and conditions in the RFP shall prevail. Consultant will perform Services in accordance with codes, amendments and ordinances adopted by the elected body of Municipality. The qualified professionals employed by Consultant will maintain current certifications, certificates, licenses as required for Services that they provide to Municipality in accordance with State of Florida, Chapter 468, Florida Statutes. Consultant is not obligated to perform services beyond what is contemplated by this Agreement. Unless otherwise provided in Exhibit C, Consultant shall provide the Services using hardware and Consultant's standard software package. In the event that Municipality requires that consultant utilize hardware or software specified by or provided by Municipality, Municipality shall provide the information specified in Exhibit C. Consultant shall use reasonable commercial efforts to comply with the requirements of Exhibit C and Municipality, at its sole expense, shall provide such technical support, equipment or other facilities as Consultant may reasonably request to permit Consultant to comply with the requirements of Exhibit C. 2. CHANGES TO SCOPE OF SERVICES Any changes to Services between Municipality and Consultant shall be made in writing that shall specifically designate changes in Service levels and compensation for Services. Both Parties shall determine a mutually agreed upon solution to alter services levels and a transitional timeframe that is mutually beneficial to both Parties. No changes shall be binding absent a written Agreement or Amendment executed by both Parties. 95 of 113 3. FEE STRUCTURE In consideration of Consultant providing services, Municipality shall pay Consultant for Services performed in accordance with Exhibit B — Fee Schedule for Services. 4. INVOICE & PAYMENT STRUCTURE Consultant will invoice Municipality on a monthly basis and provide all necessary supporting documentation. All payments are due to Consultant within 30 days of Consultant's invoice date. Payments owed to Consultant but not made within sixty (60) days of invoice date shall bear simple interest at the rate of one and one-half percent (1.5%) per month. If payment is not received within ninety (90) days of invoice date, Services will be discontinued until all invoices and interest are paid in full. Municipality may request, and Consultant shall provide, additional information before approving the invoice. When additional information is requested Municipality will identify specific disputed item(s) and give specific reasons for any request. Undisputed portions of any invoice shall be due within 30 days of Consultants invoice date, if additional information is requested, Municipality will submit payment within thirty (30) days of resolution of the dispute. 5. TERM This Agreement shall be effective on the latest date on which this Agreement is fully executed by both Parties. The initial term of this Agreement shall be twelve (12) months, subsequently, Agreement shall automatically renew for twelve (12) month terms; unless prior notification is delivered to either Party thirty (30) days in advance of the renewal date of this Agreement. In the absence of written documentation, this Agreement will continue in force until such time as either Party notifies the other of their desire to terminate this Agreement. 6. TERMINATION Either Party may terminate this Agreement, or any part of this Agreement upon ninety (90) days written notice, with or without cause and with no penalty or additional cost beyond the rates stated in this Agreement. In case of such termination, Consultant shall be entitled to receive payment for work completed and approved by Municipality up to and including the date of termination All structures that have been permitted, a fee collected, and not yet expired at the time of termination may be completed through final inspection by Consultant if approved by Municipality. Consultant's obligation is met upon completion of final inspection or permit expiration, provided that the time period to reach such completion and finalization does not exceed ninety (90) days. Alternately, Municipality may exercise the option to negotiate a refund for permits where a fee has been collected but inspections have not been completed. The refund will be prorated according to percent of completed construction as determined by Consultant and mutually agreed upon by all Parties. No refund will be given for completed work. 7. FISCAL NON -APPROPRIATION CLAUSE Financial obligations of Municipality payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Municipality, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated. 8. MUNICIPALITY OBLIGATIONS Municipality shall timely provide all data information, plans, specifications and other documentation reasonably required by Consultant to perform Services. Municipality grants Consultant full privilege, non- exclusive, non -transferable license to use all such materials as reasonably required to perform Service. Town of Astatula Building Inspection Services Agreement Page 2 of 12 96 of 113 9. PERFORMANCE STANDARDS Consultant shall perform the Services using that degree of care, skill, and professionalism ordinarily exercised under similar circumstances by members of the same profession practicing or performing the substantially same or similar services. Consultant represents to Municipality that Consultant retains employees that possess the skills, knowledge, and abilities to competently, timely, and professionally perform Services in accordance with this Agreement. Municipality's sole remedy and Consultant's sole obligation in the event of failure to perform Services in accordance with the terms of this Section shall be re -performance of the services by Consultant. 10. INDEPENDENT CONTRACTOR Consultant is an independent contractor, and neither Consultant, nor any employee or agent thereof, shall be deemed for any reason to be an employee or agent of Municipality. As Consultant is an independent contractor, Municipality shall have no liability or responsibility for any direct payment of any salaries, wages, payroll taxes, or any and all other forms or types of compensation or benefits to any personnel performing services for Municipality under this Agreement. Consultant shall be solely responsible for all compensation, benefits, insurance and employment -related rights of any person providing Services hereunder during the course of or arising or accruing as a result of any employment, whether past or present, with Consultant, as well as all legal costs including attorney's fees incurred in the defense of any conflict or legal action resulting from such employment or related to the corporate amenities of such employment. Consultant and Municipality agree that Consultant will be free to contract for similar service to be performed for other employers while under contract with Municipality. Consultant is not an agent or employee of Municipality and is not entitled to participate in any pension plan, insurance, bonus or similar benefits Municipality provides for its employees. Consultant shall determine all conditions of employment including hours, wages, working conditions, discipline, hiring and discharge or any other condition of employment. Consultant employees are not subject to the direction and control of Municipality. Any provision in this Agreement that may appear to give Municipality the right to direct Consultant as to the details of doing the work or to exercise a measure of control over the work means that Consultant will follow the direction of the Municipality as to end results of the work only. 11. ASSIGNMENT Neither party shall assign all or part of its rights, duties, obligations, responsibilities, nor benefits set forth in this Agreement to another entity without the written approval of both Parties; consent shall not be unreasonably withheld. Notwithstanding the preceding, Consultant may assign this Agreementto its parent, subsidiaries or sister companies (Affiliates) without notice to Municipality. Consultant may subcontract any or all of the services to its Affiliates without notice to Municipality. Consultant may subcontract any or all of the services to other third parties provided that Consultant gives Municipality prior written notice of the persons or entities with which Consultant has subcontracted. Consultant remains responsible for any Affiliate's or subcontractor's performance or failure to perform. Affiliates and subcontractors will be subject to the same performance criteria expected of Consultant. Performances clauses will be included in agreements with all subcontractors to assure quality levels and agreed upon schedules are met. 12. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall defend, indemnify, and hold harmless Municipality, its elected and appointed officials, employees and volunteers and others working on behalf of Municipality, from and against any and all third -party claims, demands, suits, costs (including reasonable legal costs), expenses, and liabilities ("Claims") alleging personal injury, including bodily injury or death, and/or property damage, but only to the extent that any such Claims are caused by the negligence of Consultant or any officer, employee, representative, or agent of Consultant. Town of Astatula Building Inspection Services Agreement Page 3 of 12 97 of 113 13. RESERVED. 14. INSURANCE A. Consultant shall procure and maintain and shall cause any subcontractor of Consultant to procure and maintain, the minimum insurance coverages listed below throughout the term of this Agreement. Such coverages shall be procured and maintained with forms and insurers acceptable to Municipality. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. B. Worker's compensation insurance to cover obligations imposed by applicable law for any employee engaged in the performance of work under this Agreement, and Employer's Liability insurance with minimum limits of one million dollars ($1,000,000) bodily injury each accident, one million dollars ($1,000,000) bodily injury by disease — policy limit, and one million dollars ($1,000,000) bodily injury by disease — each employee. Worker's compensation coverage in "monopolistic" states is administered by the individual state and coverage is not provided by private insurers. Individual states operate a state administered fund of workers compensation insurance which set coverage limits and rates. Monopolistic states: Ohio, North Dakota, Washington, Wyoming. C. Commercial general liability insurance with minimum combined single limits of one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) general aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, independent Consultant's, and products. The policy shall contain a severability of interest provision and shall be endorsed to include Municipality and Municipality's officers, employees, and consultants as additional insureds. D. Professional liability insurance with minimum limits of one million dollars ($1,000,000) each claim and two million dollars ($2,000,000) general aggregate. E. Automobile Liability: If performance of this Agreement requires use of motor vehicles licensed for highway use, Automobile Liability Coverage is required that shall cover all owned, non -owned, and hired automobiles with a limit of not less than $1,000,000 combined single limit each accident. F. Municipality shall be named as an additional insured on Consultant's insurance coverage. G. Prior to commencement of Services, Consultant shall submit certificates of insurance acceptable to Municipality. 15. THIRD PARTY RELIANCE This Agreement is intended for the mutual benefit of Parties hereto and no third -party rights are intended or implied. 16. OWNERSHIP OF DOCUMENTS Except as expressly provided in this Agreement, Municipality shall retain ownership of all work product and deliverables created by Consultant pursuant to this Agreement and all records, documents, notes, data and other materials required for or resulting from the performance of Services hereunder shall not be used by Consultant for any purpose other than the performance of Services hereunder without the express prior written consent of Municipality. All such records, documents, notes, data and other materials shall become the exclusive property of Municipality when Consultant has been compensated for the same as set forth herein, and Municipality shall thereafter retain sole and exclusive rights to receive and use such materials in such manner and for such purposes as determined by it. Notwithstanding the preceding, Consultant may use the work product, deliverables, applications, records, documents and other materials required for or resulting from the Services, all solely in anonymized form, for purposes of (i) benchmarking of Municipality's and others performance relative to that of other groups of customers served by Consultant; (ii) sales and marketing of existing and future Consultant services; (iii) monitoring Service performance and making Town of Astatula Building Inspection Services Agreement Page 4 of 12 98 of 113 improvements to the Services. For the avoidance of doubt, Municipality Data will be provided to third parties only on an anonymized basis and only as part of a larger body of anonymized data. If this Agreement expires or is terminated for any reason, all records, documents, notes, data and other materials maintained or stored in Consultant's secure proprietary software pertaining to Municipality will be exported into a CSV file and become property of Municipality. Notwithstanding the preceding, Consultant shall own all rights and title to any Consultant provided software and any improvements or derivative works thereof. Upon reasonable prior written notice, Municipality and its duly authorized representatives shall have access to any books, documents, papers and records of Consultant that are related to this Agreement for the purposes of audit or examination, other than Consultant's financial records, and may make excerpts and transcriptions of the same at the cost and expense of Municipality. 17. CONSULTANT ACCESS TO RECORDS Parties acknowledge that Consultant requires access to Records in order for Consultant to perform its obligations under this Agreement. Accordingly, Municipality will either provide to Consultant on a daily basis such data from the Records as Consultant may reasonably request (in an agreed electronic format) or grant Consultant access to its Records and Record management systems so that Consultant may download such data. Data provided to or downloaded by Consultant pursuant to this Section shall be used by Consultant solely in accordance with the terms of this Agreement. 18. CONFIDENTIALITY Consultant shall not disclose, directly or indirectly, any confidential information or trade secrets of Municipality without the prior written consent of Municipality or pursuant to a lawful court order directing such disclosure. 19. CONSULTANT PERSONNEL Consultant shall employ a sufficient number of experienced and knowledgeable employees to perform Services in a timely, polite, courteous and prompt manner. Consultant shall determine appropriate staffing levels and shall promptly inform Municipality of any reasonably anticipated or known employment -related actions which may affect the performance of Services. Additional staffing resources shall be made available to Municipality when assigned employee(s) is unavailable. 20. DISCRIMINATION & ADA COMPLIANCE Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, disability, national origin or any other category protected by applicable federal or state law. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notice to be provided by an agency of the federal government, setting forth the provisions of Equal Opportunity laws. Consultant shall comply with the appropriate provisions of the Americans with Disabilities Act (the "ADA"), as enacted and as from time to time amended, and any other applicable federal regulations. A signed certificate confirming compliance with the ADA may be requested by Municipality at any time during the term of this Agreement. 21. PROHIBITION AGAINST EMPLOYING ILLEGAL ALIENS Consultant is registered with and is authorized to use and uses the federal work authorization program commonly known as E-Verify. Consultant shall not knowingly employ or contract with an illegal alien to perform work under this Agreement and will verify immigration status to confirm employment eligibility. Consultant shall not enter into an agreement with a subcontractor that fails to certify to Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Town of Astatula Building Inspection Services Agreement Page 5 of 12 99 of 113 Agreement. Consultant is prohibited from using the E-Verify program procedures to undertake pre- employment screening of job applicants while this Agreement is being performed. 22. SOLICITATIONMIRING OF CONSULTANT'S EMPLOYEES During the term of this Agreement and for one year thereafter, Municipality shall not solicit, recruit or hire, or attempt to solicit, recruit or hire, any employee or former employee of Consultant who provided services to Municipality pursuant to this Agreement ("Service Providers"), or who interacted with Municipality in connection with the provision of such services (including but not limited to supervisors or managers of Service Providers, customer relations personnel, accounting personnel, and other support personnel of Consultant). Parties agree that this provision is reasonable and necessary in order to preserve and protect Consultant's trade secrets and other confidential information, its investment in the training of its employees, the stability of its workforce, and its ability to provide competitive building department programs in this market. If any provision of this section is found by a court or arbitrator to be overly broad, unreasonable in scope or otherwise unenforceable, Parties agree that such court or arbitrator shall modify such provision to the minimum extent necessary to render this section enforceable. In the event that Municipality hires any such employee during the specified period, Municipality shall pay to Consultant a placement fee equal to 25% of the employee's annual salary including bonus. 23. NOTICES Any notice under this Agreement shall be in writing and shall be deemed sufficient when presented in person, or sent, pre -paid, first class United States Mail, or delivered by electronic mail to the following addresses: If to Municipality: Graham Wells, CIVIC Town Clerk, Finance Officer 25009 CR 561, P.O. Box 609, Astatula, FL 34705 24. FORCE MAJEURE If to Consultant: Tom Walsh, Account Manager M.T. Causley, LLC 18001 Gulf Blvd Redington Shores, FL 33708 Mike Causley 866 Ponce de Leon Blvd., 2nd Floor Coral Gables, FL 33134 Any delay or nonperformance of any provision of this Agreement by either Party (with the exception of payment obligations) which is caused by events beyond the reasonable control of such party, shall not constitute a breach of this Agreement, and the time for performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing such performance. 25. DISPUTE RESOLUTION In the event a dispute arises out of or relates to this Agreement, or the breach thereof, and if said dispute cannot be settled through negotiation, Parties agree first to try in good faith to settle the dispute by mediation, before resorting to arbitration, litigation, or some other dispute resolution procedure. The cost thereof shall be borne equally by each Party. 26. ATTORNEY'S FEES In the event of dispute resolution or litigation to enforce any of the terms herein, each Party shall pay all its own costs and attorney's fees. Town of Astatula Building Inspection Services Agreement Page 6 of 12 100 of 113 27. AUTHORITY TO EXECUTE The person or persons executing this Agreement represent and warrant that they are fully authorized to sign and so execute this Agreement and to bind their respective entities to the performance of its obligations hereunder. 28. CONFLICT OF INTEREST AND ETHICS REQUIREMENTS This Agreement is subject to State of Florida Code of Ethics. Agreement may be subject to Lake County Code of Ethics and investigation and/or audit by the Lake County Inspector General. Accordingly, there are prohibitions and limitation on the employment of Municipal officials and employees and contractual relationships providing a benefit to the same. 29. PUBLIC RECORDS Pursuant to section 119.071, Florida Statures, Consultant shall comply with Florida's Public Records Act, Chapter 119, Florida Statutes, and agrees to: A. Keep and maintain all public records that ordinarily and necessarily would be required by Municipality to keep and maintain in order to perform Services under this Agreement. B. Upon request from Municipality's custodian of public records, provide copies to Municipality within a reasonable time and public access to said public records on the same terms and conditions that Municipality would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that said public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining said public records and transfer, at no cost, to Municipality all said public records in possession of Consultant upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from Chapter 119, Florida Statutes, disclosure requirements. All records stored electronically must be provided to Municipality in a format that is compatible with the information technology systems of Municipality. E. IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Clerk Office: Graham Wells Phone: (352) 742-1100 Address: 25019 County Rd 561, Email: gwells@astatula.org Astatula, FL 34705 30. GOVERNING LAW AND VENUE This Agreement shall be construed under and governed by the laws of the State of Florida and all services to be provided will be provided in accordance with applicable federal, state and local law, without regard to its conflict of laws provisions. 31. COUNTERPARTS This Agreement and any amendments may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. For purposes of executing this Agreement, scanned signatures shall be as valid as the original. 32. ELECTRONIC REPRESENTATIONS AND RECORDS Parties hereby agree to regard electronic representations of original signatures as legally sufficient for executing this Agreement and scanned signatures emailed by PDF or otherwise shall be as valid as the Town of Astatula Building Inspection Services Agreement Page 7 of 12 101 of 113 original. Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 33. WAIVER Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. 34. ENTIRE AGREEMENT This Agreement, along with attached exhibits, constitutes the complete, entire and final agreement of the Parties hereto with respect to the subject matter hereof, and shall supersede any and all previous communications, representations, whether oral or written, with respect to the subject matter hereof. Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word herein orthe application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement. The undersigned have caused this Agreement to be executed in their respective names on the dates hereinafter enumerated. Mic el T. Causley Date M.T.f LLC-A'5—AFEbuilt Company Signature Dat Mitchell Mack, Mayor Town of Astatu I a (Balance of page left intentionally blank) Town of Astatula Building Inspection Services Agreement Page 8 of 12 102 of 113 EXHIBIT A - LIST OF SERVICES 1. LIST OF SERVICES Building Official Services ✓ Manage and help administer the department and report to Municipality's designated official ✓ Be a resource for Consultant team members, Municipal staff, and applicants ✓ Help guide citizens through the complexities of the codes in order to obtain compliance ✓ Monitor changes to the codes including state or local requirements and determine how they may impact projects in the area and make recommendations regarding local amendments ✓ Assist Municipal staff in revising and updating municipal code to comply with adopted requirements ✓ Provide Building Code interpretations for final approval ✓ Oversee our quality assurance program and will make sure that we are meeting our agreed upon performance measurements and your expectations ✓ Provide training for our inspectors on Municipality adopted codes and local amendments as needed ✓ Oversee certificate of occupancy issuance to prevent issuance without compliance of all departments ✓ Attend staff and council meetings as mutually agreed upon ✓ Responsible for reporting for Municipality — frequency and content to be mutually agreed upon ✓ Responsible for client and applicant satisfaction ✓ Work with Municipal staff to establish and/or refine building department processes ✓ Issue stop -work notices for non -conforming activities— as needed Building, Electrical, Plumbing, and Mechanical Inspection Services ✓ Consultant utilizes an educational, informative approach to improve the customer's experience. ✓ Perform code compliant inspections to determine that construction complies with approved plans ✓ Meet or exceed agreed upon performance metrics regarding inspections ✓ Provide onsite inspection consultations to citizens and contractors while performing inspections ✓ Return calls and emails from permit holders in reference to code and inspection concerns ✓ Identify and document any areas of non-compliance ✓ Leave a copy of the inspection ticket and discuss inspection results with site personnel Plan Review Services ✓ Provide plan review services electronically or in the traditional paper format ✓ Review plans for compliance with adopted building codes, local amendments or ordinances ✓ Be available for pre -submittal meetings by appointment ✓ Coordinate plan review tracking, reporting, and interaction with applicable departments ✓ Provide feedback to keep plan review process on schedule ✓ Communicate plan review findings and recommendations in writing ✓ Return a set of finalized plans and all supporting documentation ✓ Provide review of plan revisions and remain available to applicant after the review is complete COMMUNITY CORE SYSTEMS TERMS AND CONDITIONS ✓ Provide Community Core in accordance with the terms, and conditions of Exhibit C. MUNICIPAL OBLIGATIONS ✓ Municipality will issue permits and collect all fees ✓ Municipality will provide Consultant with a list of requested inspections and supporting documents ✓ Municipality will intake plans and related documents ✓ Municipality will provide a monthly activity report that will be used for monthly invoicing Town of Astatula Building Inspection Services Agreement Page 9 of 12 103 of 113 ✓ Municipality will provide zoning administration for projects assigned to Consultant ✓ Municipality will provide codes books for front counter use ✓ Municipality will provide office space, desk, desk chairs, file cabinets, local phone service, internet, use of copier and fax 4. TIME OF PERFORMANCE Services will be performed during normal business hours excluding Municipal holidays. ✓ Services will be performed two (2) days a week, two (2) hours per day minimum ✓ Building Official will be on -site at the Municipal offices as mutually agreed upon ✓ Inspectors will be dispatched on an as -needed basis ✓ Consultants representatives) will be on -site weekly based on activity levels ✓ Consultants representative(s) will be available by cell phone and email ✓ Consultants representative(s) will meet with the public by appointment ✓ Additional Inspectors will be dispatched on an as -needed basis Deliverables INSPECTION SERVICES Perform inspections received from the Municipality prior to 4:00 pm next business day TWO HOUR INSPECTION Provide a two-hour window of time that the permit holder can expect to have WINDOW their inspection performed — Upon request only MOBILE RESULTING Provide our inspectors with field devices to enter results immediately PRE -SUBMITTAL MEETINGS Provide pre -submittal meetings to applicants by appointment PLAN REVIEW Provide comments within the following timeframes: TURNAROUND TIMES Day 1= first full business day after receipt of plans and all supporting documents Proiect Type: First Comments Second Comments ✓ Single-family within 5 business days 5 business days or less ✓ Multi -family within 10 business days 5 business days or less ✓ Small commercial within 10 business days 5 business days or less (under $2M in valuation) ✓ Large commercial 20 business days 10 business days or less within APPLICANT Put a survey in place that allows applicants to provide feedback on their SATISFACTION experience throughout the process Town of Astatula Building Inspection Services Agreement Page 10 of 12 104 of 113 EXHIBIT B — FEE SCHEDULE FOR SERVICES FEE SCHEDULE — Consultant shall provide notice to Municipality 60 days prior to renewal date of proposed hourly rate increase to be reviewed and approved by Town Council. Parties will collaborate to ensure a mutually beneficial arrangement. If increase is approved by Town Council, it shall be based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the "CPI") for the Municipality or, if not reported for the Municipality the CPI for cities of a similar size within the applicable region from the previous calendar year, such increase, however, not to exceed 4% per annum. — Consultant fees for Services provided pursuant to this Agreement will be as follows: Building Official: — Residential and Commercial Inspection (all Trades) — Residential and Commercial Plan Review (all Trades) — Flood Plain Management — CommunityCore Permitting Software Residential and Commercial Inspection Services — Includes Building, Electrical, Plumbing and Mechanical Residential and Commercial Plan Review Services — Includes Building, Electrical, Plumbing and Mechanical Fire Plan Review and Inspection Services Weekend/After Hours/Emergency Inspection Services $105.00 per hour —two (2) hour minimum No cost $95.00 per hour - two (2) hour minimum $95.00 per hour - two (2) hour minimum $105.00 per hour - two (2) hour minimum $210.50 per hour - two (2) hour minimum Time tracked will start when staff checks in at the Town or first inspection site. Town of Astatula Building Inspection Services Agreement Page 11 of 12 105 of 113 EXHIBIT C - COMMON CORE 1. Consultant is able to provide Services pursuant to this Agreement using hardware and Consultant's standard software package, CommonCore. In the event that Municipality requires that Consultant utilize hardware and/or software specified by and provided by Municipality, Consultant shall use reasonable commercial efforts to comply with Municipal requirements. 2. When Municipality requires that Consultant utilize hardware and/or software specified by and provided by Municipality, Municipality, at its sole expense, shall provide such technical support, equipment or other facilities as Consultant may reasonably request to permit Consultant to comply with Municipal requirements. Municipality will provide the following information to Consultant. ✓ Municipal technology point of contact information including name, title, email and phone number ✓ List of technology services, devices and software that the Municipality will provide may include: ■ Client network access ■ Internet access ■ Proprietary or commercial software and access ■ Computer workstations/laptops ■ Mobile devices ■ Printers/printing services ■ Data access ■ List of reports and outputs Town of Astatula Building Inspection Services Agreement Page 12 of 12 106 of 113 CRY CW SEBA4.4R IAN HOME OF PELICAN ISLAND Administrative Services - Procurement Division 1225 Main Street - Sebastian, Florida 32958 June 17, 2020 Michael T. Causley Email: twalsh@safebuilt.com M.T. Causley, LLC — A SAFEbuilt Company 866 Ponce de Leon Blvd., 2"d Floor Coral Gables, FL 33134 SUBJECT; Notice of Intent to Piggyback RFP Building Services (Town of Astatula, FL) BUILDING INSPECTION SERVICES PROVIDERS Mr. Causley: The City of Sebastian intends to piggyback the above referenced Contract from Town of Astatula in accordance to the City's Ordinance Section 2-10 (c)(2). Acceptance of piggybacking guarantees that the same pricing and contract terms will be honored for the purchase of goods/services made while the contract is active; this includes any contract extensions or renewals. Period Covered by this Aareement: 'This Agreement shall be effective on the latest date on which this Agreement is fully executed by both Parties. The initial term of this Agreement shall be twelve (12) months, subsequently, Agreement shall automatically renew for twelve (12) month terms; unless prior notification is delivered to either Party thirty (30) days in advance of the renewal date of this Agreement. In the absence of written documentation, this Agreement will continue in force until such time as either Party notifies the other of their desire to terminate this Agreement." Effective date of the Agreement is March 24, 2020. Please return the signed Notice of Intent to Piggyback and an updated Certificate of Insurance to the City by via email to afraser@cityofsebastian.org by Monday, June 22, 2020 Should you have any questions, please contact Ann -Marie Fraser, CPPB, MBA — Procurement/Contracts Manager, at (772) 388-8231 or afraser@cityofsebastian.org. We value your association with the City of Sebastian. Sincerely,,�,ry� Anw-�/l/(,arie Fraser Ann -Marie Fraser, CPPB, MBA Procurement/Contracts Manager Check one: Yes M.T. Causley, LLC — A SAFEbuilt Company WILL honor pricing and contract terms submitted in reference to RFP Building Services (Town of Astatula, FL). ❑No M.T. Causley, LLC — A SAFEbuilt Company WILL NOT honor pricing submitted in reference to RFP Building Services (Town of Astatula, FL). Jl / June 17, 2020 aeLlaGa alley, resident Date 107 of 113 Councilman Cross stated that he wanted to review the contract but was happy to move forward once the attorney had looked at it. He added to ensure that there was an adequate termination clause, should things not work out. The Mayor suggested a motion to approve him to negotiate and execute the contract with M. T. Causley, subject to the review from the attorney. MOTION by Councilman Cross, so moved; SECONDED by Councilwoman Kobera A Roll Call vote was taken Mack YES Kobera YES Sikkema YES Cross YES Issartel YES MOTION CARRIED 5-0 Mayor Mack introduced Sean Donnelly who was present and asked Council for a motion to confirm his recommendation. MOTION by Councilman Cross to approve the appointment of Sean Donnelly to the Planning and Zoning Board; SECONDED by Councilwoman Sikkema A Roll Call vote was taken Mack YES Kobera YES Sikkema YES Cross YES Issartel YES MOTION CARRIED 5-0 The Mayor said that Council should annually approve all Board and Committee members, however as it was not an agenda item it would be tabled to the March meeting. The Mayor asked if Council were happy with their current liaison positions. Councilwoman Sikkema requested that she move from Economic Development to Legal, Grants, Land Development, Regulation, Ordinances and Councilwoman Issartel take over Economic Development. The positions for 2020 are as follows: Finances - Councilman Cross; Public Works/ Streets - Mayor Mack, Public Safety/Code Enforcement - Vice -Mayor Kobera; Legal, Grants, Land Development, Regulation, Ordinances - Councilwoman Sikkema; Economic Development - Councilwoman Issartel. Town ofAstatula Meeting Minutes February 10, 2020 Page 3 of 6 108 of 113 MEETING MINUTES Approval of Minutes for November 12, 2019 Regular Council Meeting Approval of Minutes for December 10, 2019 Regular Council Meeting MOTION by Councilman Cross to approve the minutes show above; SECONDED by Councilwoman Issartel For: Cross, Kobera, Mack, SMema, Issartel MOTION CARRIED 5-0 NEW BUSINESS The Mayor explained that the City of Umatilla had terminated their agreement with NOVA Engineering for their building inspection services and subsequently NOVA terminated their contract with the Town. The Clerk had issued an RFP inviting firms to bid to take over from NOVA and M.T. Causley, LLC dba as Safebuilt was the only respondent. Mark Ogles, a representative with Safebuilt was present and the Mayor gave him the opportunity to address Council. Clerk Wells gave an overview of the response from Safebuilt including the difference between the way they and NOVA billed the town. NOVA was on an 80/20 split of permit fees, whereas Safebuilt charged by the hour with a 2-hour minimum. He said that the permit fee schedule would have to be reviewed to ensure that the town covered the new cost. A contract had been received from Safebuilt; however, it had only just arrived and had not been reviewed by the attorney and sent to Council. A meeting was scheduled with their management, coordinator and inspector on February 121h to have our questions answered, and the clerk opined that we could not put this off until the March meeting as there was already a backlog of permits applications. The Clerk also stated that he had reviewed the proposal and felt that it was a good fit for the town; the only issue was he way that they billed for their services. A further benefit was that their inspector was also a certified for fire inspector. The change of billing could benefit the town once the fee schedule has been looked at. Also that the current fire inspector comes from Tampa and charges the town for his travel time. Jane had worked tirelessly to get inspections on all, but a couple of the outstanding permits before the end of the contract. Clerk was workingwith NOVA to have a refund for all inspections that had not taken place on open permits that would have to be done by the new firm. In summary, the Clerk suggested that as we only have one response we needed to move forward with negotiations on the contract, have the attorney review it and bring it back retroactively to the Council for approval. Mr. Ogles addressed theCouncils concerns. Councilman Cross asked about the billing for travel time; the Clerk responded that their billing started when the inspector was on site. Town ofAstatula Meeting Minutes February 10, 2020 Page 2 of 6 109 of 113 ' .� I � , L � � .Y_ • I 1. , .Y. _ , , - .}- _ u. e. - ' -\ • - 7. _ I l , - � , .f- — AND PERMITTING SERVICES 1 THE TOWN, The Mayor said that the services being provided were Fantastic and that he would also like to add fire review and inspections as well. The following agenda item requires the town to have an alternative vendor for those services and this could be done by M.T. Causley. It makes no sense to pay Kerry to come from Tampa when the building inspector can do both jobs while he is here and at the same rate. It is part of the contract so there is no additional action needed. The contract has been reviewed by the attorney. MOTION by Councilman Cross to approve the execution of the contract with M.T. Causley, LLC; SECONDED by Councilwoman Sikkema A Roll Call vote was taken Mack YES Sikkema YES Cross YES Issartel YES MOTION CARRIED 4-0 The Mayor stated that this was a duplication now that the building inspector could do fire as well. He added that everything with Kerry had not gone smoothly and there had been some issues. Councilwoman Sikkema added that the town was paying his travel to come from Tampa as well. The contract has a 30-day termination clause. The mayor requested a motion. MOTION by Councilwoman Sikkema to terminate the contract with Kerry Barnett; SECONDED by Councilwoman Issartel A Roll Call vote was taken Mack YES Sikkema YES Cross YES Issartel YES MOTION CARRIED 4-0 RESQLUTIONREPEAL REFEE SCHEDULE. A RESOLUTION OF THE TOWN OF ASTATULA, FLORIDA; REPEALING RESOLUTION 2019-16; ESTABLISHING A FEE SCHEDULE FOR THE TOWN OF ASTATULA, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. The title was read by Councilwoman Sikkema. The Mayor requested a motion to approve the resolution. Town of Astatuia Meeting Minutes March 9, 2020 Page 3 of 6 110 of 113 Cfi1 F SEBASTN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council MeetinLFDate: 24 June 2020 Asenda Item Title: Discussion (per Councilmember Parris) regarding the approved and codified Recycling Ordinance 0-19-07 for the Industrial Zoning District Recommendation: Consideration of approved recycling uses within the Industrial Zones of the City of Sebastian Background: Staff has prepared the following information for consideration to allow "motor vehicles" to be allowed as part of the recycling ordinance: 1. A change in the City Comprehensive Plan Future Land Use (FLU) Element; Industrial Land Use (IND) will be required in order to change the Recycling Ordinance allowing for "salvage yards and junkyards" in the City limits. a. The City of Sebastian Comprehensive Plan Objective 1-1.5: INDUSTRIAL LAND USE (IND) states that "salvage yards,...shall be prohibited"; b. And, According to 49 USCS § 30501 [Title 49. Tran.Sportation; Subtitle VI. Motor Vehicle and Driver Programs; Part A. General; Chapter 305. National Motor Vehicle Title Information System], salvage vard means an individual or entitv enzaRed in the business of acouirina or owning salvage automobiles for: (A) resale in their entirety or as sn_ are Darts; or (B) rebuildine_, restoration, or crushing. 2. Following the change in FLU Element for IND, two Ordinances will require modification or deletion from the City Land Development Codes. a. Section 54-2-5.6 Industrial District (IN) provides that "salvage yards and junkyards are deemed to generate highly extensive adverse impacts for the urban area and shall not be permitted uses in the city limits of Sebastian"; b. Chapter 86, Solid Waste. ARTICLE III. Junk, Sec. 86-46. - Definitions. Provides a clear definition of "Junk" which is prohibited within the City. (a) "Junk" shall include, without limitation: Old and dilapidated motor vehicles, trailers, boats or other vessels and parts thereof, ... ... ...A motor vehicle shall be deemed to be a motor vehicle which is incapable of 111 of 113 locomotion under its own power, or which can no longer be used for the purpose for which it was originally manufactured or shall have only salvage value whereby parts thereof are kept and used for the replacement and repair of other motor vehicles. A motor vehicle which has been substantially wrecked or demolished as a result of a collision or upset shall be deemed to become a junk if it becomes impracticable to repair because of financial reasons or otherwise and if it shall remain without repair for a period of 30 days after the collision or upset which substantially wrecked or demolished the motor vehicle. Therefore, further modifications to the existing Recycling Ordinance that includes the ability to recvcle iunk vehicles and allows salvage yards within the Citv of Sebastian would first require a modification to the Comprehensive Plan which could occur during the current update. The PZ Coinmission/Local Planning Agency will be reviewing the Future Land Use Element at the July 30, 2020 meeting. The Comprehensive PIan process should be complete by March or April 2021. Modification to the Land Development Code as presented above will require three (3) public hearings, one with PZ Commission and two with City Council, which may occur simultaneously. Therefore, best guess June or July 2021 would allow for Recycling of motor vehicles within the City of Sebastian. City eager A ahort ation: J Date: 24 Tune 2020 112 of 113 t L* E HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: June 24, 2020 Aqenda Item Title: City Attorney Matters: Warrior Salvage Investigative Packet. Recommendation: For City Council to review and if necessary, to give further direction to staff Background: The Warrior Recycling Site Plan Application stems back to the Fall of 2017. On or about November 06, 2017, MBV Engineering submitted a Conceptual Plan for "Cook Recycling Facility". Several meeting occurred between staff and the Applicant's representatives to get additional information. On May 04, 2018 a Site Plan was submitted for "Warrior Salvage & Recycling. The Site Plan was forwarded to Consulting City Engineer and jurisdiction agencies for review, including a Traffic Impact Statement. Several emails were sent between the parties asking for additional information, including floor plans and elevation. Finally, on February 19, 2019, a Revised Site Plan was submitted for "Warrior Salvage & Recycling. On April 23, 2019, a Site Plan denial letter was sent to the Applicant. On May 06, 2019 the Applicant's representative responded to the city and changed the name to "Warrior Scrap Metal", removing the word "salvage". They stated in their letter that "no materials remain on site and that all is removed regularly." Further they stated that "Warrior Scrap Metals is a purchase and resale scrap metal business." Several meetings occurred between the parties and on July 17, 2019, a Revised Site Plan #2 was submitted again for "Warrior Salvage & Recycling." During this time, Staff prepared and presented Ordinance 19-07 to the P&Z Board which voted to recommend it to Council. 1st and 2nd readings and public hearings were held on November 20, 2019 and December 11, 2019, respectively. After being tabled, Ordinance 19-07 passed 4-0 by City Council on January 8, 2020, thus, creating a Recycling Facilities as a conditional use in the IN Zoning District, excluding vehicles. As a result, on January 24, 2020, Ms. Rebecca Grohall emailed the city stating that "Warrior Recycling still would like to continue on with the site plan application and conditional use with the understanding that recycling text amendment did not include recycling cars." Accordingly, Staff was moving forward with the site plan application and waiting for some additional information, revised plans and/or direction from MBV or the applicant. If Agenda Item Requires Expenditure of Funds: NIA Under Separate Cover: 1. Binder: City's Packet & Warrior Salvage Packet 2. City Attorney's Email Thread City Manag/eAuthorization Date: �! ' P /�i°,d 113 of 113