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12-09-2020 CC Agenda
INDIVIDUALS ARE SUBJECT TO MEDICAL SCREENING PRIOR TO ENTERING ANY CITY BUILDING AND ENTRY MAY BE DENIED IF ANY INDICATOR OF ILLNESS OR PRIOR COVID-19 EXPOSURE IS IDENTIFIED. My OF SIESASPM," HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL SUNSHINE LAW & PUBLIC RECORDS WORKSHOP - 5:00 P.M. BOARD OF ADJUSTMENT MEETING, COMMUNITY REDEVELOPMENT AGENCY & REGULAR MEETING UPON ADJOURNMENT OF WORKSHOP WEDNESDAY, DECEMBER 9, 2020 CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA AGENDA 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. CONVENE SUNSHINE LAW & PUBLIC RECORDS WORKSHOP pgs 7-11 A. Florida Government in the Sunshine Presentation - Manny Anon, Jr., City Attorney 6. ADJOURN WORKSHOP & CONVENE REGULAR CITY COUNCIL MEETING 7. AGENDA MODIFICATIONS Modifications for additions require unanimous vote of City Council Members 8. 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. A. Presentation by AguaCulture, LLC - Mike Elfenbein Brief Announcements City of Sebastian Annual Christmas Parade - December ? 9 at 6:30 pm 9 RECESS CITY COUNCIL MEETING AND CONVENE BOARD OF ADJUSTMENT p�s 12-17 A. Approval of June 24, 2020 Board of Adjustment Minutes B. Quasi -Judicial Public Hearings Adonted 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 deliberations and questions • Chairman calls for a motion 1 of 409 p9s 18-37 i. CHRISTOPHER LAWHON, IN REGARDS TO LOT 16, BLOCK 493, SEBASTIAN HIGHLANDS UNIT 15, LOCATED AT 242 DICKENS AVENUE, IS REQUESTING A VARIANCE TO ALLOW A 280 SF SHED TO BE TWO (2) FEET FROM THE SIDE PROPERTY LINE AND WITHIN A DEDICATED UTILITY EASEMENT, WHEREAS THE CODE REQUIRES THE STRUCTURE TO BE TEN (10) FEET FROM THE SIDE YARD PROPERTY LANE IN THE RS-10 (RESIDENTIAL SINGLE-FAMILY) ZONING DISTRICT. (Transmittal, Staff Report, Exhibits, Application) Pgs 3&-60 ii. CHRISTIAN ELLIS, IN REGARDS TO LOT 20, BLOCK 231, SEBASTIAN HIGHLANDS UNIT 6, LOCATED AT 702 CARNATION DRIVE, IS REQUESTING A VARIANCE TO CONSTRUCT A FENCE SIX (6) FEET IN HEIGHT ON A CORNER LOT WITHIN THE SECONDARY FRONT YARD AREA, SPECIFICALLY ELEVEN AND ONE-HALF (11.5) FEET FROM THE CORNER PROPERTY LINE, WHEREAS THE CODE WOULD REQUIRE SUCH FENCE TO BE TWENTY (20) FEET FROM THE CORNER PROPERTY LINE. (Transmittal, Report, Exhibits, Application, Signatures) 10. ADJOURN THE BOARD OF ADJUSTMENT MEETING AND CONVENE THE COMMUNITY REDEVELOPMENT AGENCY MEETING pg 61 A. Approval of September 28, 2020 CRA meeting minutes. p}s 62--81 B. Award Bid (ITB#21-02) Landscaping Maintenance in the CRA District to SSS Brevard OPCO LLC dba Tropical Property Management with an Annual Expense of $171,684 (Transmittal, Bid Tab, Ex. A, Reference Checks, Specs) 11. ADJOURN THE COMMUNITY REDEVELOPMENT AGENCY MEETING AND RECONVENE THE REGULAR CITY COUNCIL MEETING 12. 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. P9s 82-95 A. Approval of Minutes - November 18, 2020 Regular City Council Meeting P�s %-98 B. Resolution No. R-20-33 - Expressing Support for an Innovative Pilot Project by AguaCulture, LLC (Transmittal, R-20-33) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING AN INNOVATIVE PILOT PROJECT BY AGUACULTURE, LLC TO REMOVE INVASIVE AQUATIC VEGETATION AND UNCONSOLIDATED SLUDGE FROM LAKE OKEECHOBEE WHICH WILL REDUCE CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 99-123 C. Notification and Ratification Request of Emergency Contract for Ground Application Services from Aquatic Vegetation Control, Inc., using South Florida Water Management District Contract #4600004255 in an Amount Not to Exceed $50,000 (Transmittal, Agreement, Notice, Certificate, Rate Sched., Cover Page, Information) 2 of 409 pgs 124-129 D. Approve the Purchase of One (1) 2021 Ford F-350 from Bartow Ford in the Amount of $61,098.30 for the Building Maintenance Division (Transmittal, Quote, Contract, Other Quotes) pgs 130-134 E. Approve the Purchase of One (1) 2021 Ford F-350 from Bartow Ford in the Amount of $33,400.70 for the Traffic Engineering Division (Transmittal, Quote, Contract, Other Quotes) pgs 135-141 F. Approve the Purchase of a Semi -Tractor and Low -boy Trailer in the Total Amount of $165,085.00 for the Stormwater Division (Transmittal, Quotes, Award Info) pgs 142-144 G. Approve the Purchase of a Mulcher Head from Kelly Tractor in the Amount of $38,005.00 for the Stormwater Division (Transmittal, Quote, Award Info) pgs 145--147 H. Approve Alcoholic Beverages at the Yacht Club for Fantastikids Academy Company Event on December 12, 2020 from 6:00 pm to 10:00 pm - DOB Verified (Transmittal, Application, Receipt) 13, 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. pgs 148-163 A. Planninq and Zoning Commission (Transmittal, Applications, List, Advertisement) i. Interview, Unless Waived, Submit Nominations for One Expired, Regular Member Position - Term to Expire November 1, 2023) pgs 164-209 B. Charter Review Committee (Transmittal, Code, Applications, Advertisement) i. Council Confirmation of Their Two Appointees ii. Interview, Unless Waived, Submit Nominations for Five at -Large Members 14. QUASI-JUDICIAL PUBLIC HEARING pgs 210-326 A. Resolution No. R-20-29 - Approved the Subdivision Preliminary Development Plan/Plat for Pods 1 & 2 for the Spirit of Sebastian Subdivision PUD (Transmittal, R- 20-29, Info, Plans, Minutes) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE SUBDIVISION PRELIMINARY DEVELOPMENT PLAN/PLAT FOR (PODS 1 & 2 WITHIN A PLANNED UNIT DEVELOPMENT KNOWN AS SPIRIT OF SEBASTIAN, CONSISTING OF 77.99 ACRES, AND 208 LOTS, LOCATED EAST OF SEBASTIAN HIGHLANDS UNIT 15, NORTH OF SOUTH MOON UNDER SUBDIVISION, WEST 01: OLD DIXIE HIGHWAY, AND SOUTH OF VACANT INDUSTRIAL LAND; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 15. UNFINISHED BUSINESS pgs 327-344 A. Consider the Repeal of Resolution R-20-08 and Adopt Resolution No. R-20-32 - Encouraging the Voluntary Compliance of Wearing Face Coverings (Transmitial, R- 20-32, Local State of Emergency) 3 of 409 AN EMERGENCY RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION r-20-08 IN ITS ENTIRETY, TO ENCOURAGE VOLUNTARY COMPLIANCE OF WEARING FACE COVERINGS WHEN IN PUBLIC, REQUIRING ALL PERSONS ENTERING A CITY FACILITY THAT CANNOT MAINTAIN SOCIAL DISTANCING TO WEAR FACE COVERINGS; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 16. 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. 17. NEW BUSINESS P9s 345-367 A. Comprehensive Plan 2040 Presentation - Lisa Frazier, Community Development Director, CRA Manager (PPT) pgs 36B--376 B. First Reading Ordinance No. 0-20-03 - Proposing a Land Development Code Amendment to Section 54-2-5.10(2) Size and Dimension Criteria with Regards to Establishing Starting Points for Building Height Measurement - Set Public Hearing and Second Reading for January 13, 2021 (Transmittal, 0-20-03, Sec. 26-1, Ex. A, Minutes) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-2-5.10(2), SIZE AND DIMENSION CRITERIA, REGARDING THE ESTABLISHMENT OF STARTING POINTS FOR BUILDING HEIGHT MEASUREMENT; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 377-387 C. Resolution No. R-20-34 - City Council Meeting Procedures (Transmittal, R-20-02 with changes, R-20-34) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ESTABLISHING THE DATES AND TIMES FOR CITY COUNCIL MEETINGS AND WORKSHOPS; REVISING START AND END TIME; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR PROCEDURES FOR AGENDA PREPARATION, AGENDA FORMAT, AGENDA MODIFICATIONS, PUBLIC INPUT, PUBLIC HEARINGS, AND TRANSCRIPTS; REPEALING RESOLUTION NO. R-20-02; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENERS ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 388-400 D. Resolution No. R-20-35 - City Council and City Boards Procedures for Quasi - Judicial Hearings (Transmittal, R-99-12, R-20-35, Memo) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-99-12, AND REESTABLISHING PROCEDURES FOR QUASI-JUDICIAL HEARINGS; DETERMINING APPLICABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR EFFECTIVE DATE. 4 of 409 pgs 401-404 E, Review and Approve 2021 Legislative Session Priorities (Transmittal, List) 18. CITY ATTORNEY MATTERS pgs 405-406 A. Pelican Island Audubon Society, Graham Cox, and Donna Halleran v. City of Sebastian Joint Stipulation and Order pgs 407-40B B. October 26, 2020 Demand Letter to Graves Brothers 19. CITY MANAGER MATTERS ., ,rr. 20, CITY CLERK MATTERS 21. CITY COUNCIL MATTERS A. Council Member McPartlan B. Council Member Nunn C. Mavor Dodd i. Veterans Council of Indian River County (Letter) D. Vice Mayor Hill E. Council Member Jones 22. 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) NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, BOARD, OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, THEY WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S 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) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE ciTY'S ADA COORDINATOR 388- 8226 or ADA@CITYOFSEBASTIAN. ORG AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Future Council Meetina Dates: January 13, 2021 — Regular City Council Meeting - 6:00 pm January 27, 2021 — Regular City Council & CRA Meeting — 6:00 pm February 10, 2021 — Regular City Council Meeting — 6:00 pm February 24, 2021 — Regular City Council & CRA Meeting — 6:00 pm March 10, 2021 — Regular City Council Meeting — 6:00 pm March 24, 2021 — Regular City Council & CRA Meeting — 6.00 pm ZOOM INFORMATION https:/IusO2web.zoom.us/j/89964020865 Or Whone one -tap: US: +13017158592„89964020865# or +13126266799„89964020865# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 301 715 8592 or +1 312 626 6799 or +1 929 436 2866 or +1 253 215 8782 or +1 346 248 7799 or +1 669 900 6833 Webinar ID: 899 6402 0865 International numbers available: https:1/us02web.zoom.us/u/ks6ud2Lrc 5 of 409 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-20-02 Reaular Citv Council Meetinas Public input is ALLOWED under the headinqs: ✓ Consent Agenda ✓ Public Hearings ✓ Unfinished Business ✓ New Business ✓ Public Input Public input is NOTALLOWED 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 Meetings. 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 Agenda 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. 6 of 409 Florida Government in the Sunshine tad December 9.2020 Prepared by the Office of the City Attorney City of Sebastian What is the Sunshine Law? . Florida's Government in the Sunshine Law, also called the Open Mry�`nq)aw, provides a governmental proceedings. . The Government in the Sunshine law is such an important part of Florida law that it is constitutionally guaranteed at Article I, Section the Florida NE Constitution. Open Meetings Requirements Unless these three requirements are met, two or more members of the same board, council or commission may not discuss any matter on which foreseeable action will be taken by that board, council or commission. Topics for Review • Florida Government in the Sunshine: Open Meetings • Public Records • Quasi-judicial Review Open Meetings Requirements: Florida Statute 286.011 111 Three Simple Requirements: ``_ ilEa.—'i 1. Meetings of public boards, councils and commissions must be open to the public; 2. Reasonable notice of such meetings must be given; and 3. Minutes of the meetings must be taken. Who is covered under the law? ■ Councils, boards and commissions ofit•1 state agencies, counties, municipald, corporations and political subdivisions. ■ Elected or appointed boards or commissions. 66 • Private companies doing business on behalf of a government agency. ■ One person acting on behalf of a board or commission or acting as liaison between board members, or acting in the place of the board or its members at their direction. Does the Open Meetings law apply to members - elect? Yes. Members -elect of public councils, boards and commissions are covered by the Sunshine Law immediately upon their election to public office. Open Meetings Sanctions ■ An unintentional violation: non -criminal infraction punishable by a fine up to $500.00 • A knowing violation: 2"d degree misdemeanor punishable by a fine of not more than $500.00 and/or a jail term of not more than 60 days ■ Suspension or removal from office • Attorney's fees and court costs VIVO,� What is a public record? The Florida Supreme Court has determined that public records are all materials made or received by an agency in Connection with 44fjfFj�ss I bbuu��m��ess which are used to er a date. LI�ftr�Ylli_[ate_or Formalize know d�� T They are not limited to traditional written documents: Tapes, photographs, films, emails and sound recordings are all (Ikgj# public records subject to ffd runless a statutory exemption exists. Can two members of the same public board socialize? Yes. Two members of the same board may socialize, but they may not discuss matters which may come before the board. Be careful to avoid the appearance of impropriety.. Florida's Public Records Law Florida's constitution guarantees the access to Government Records in Article I, Section i 24(a) What about emails? It-A„� ■ An email sent to or from a work or home computer is a public record if it is prepared or received in connection with official City business and if there is no exemption from the Public Record law. • The Florida Supreme Court has ruled that nvate em it does not automatically i Lf� it record just because it is stored in a government computer. To be considered a public record, such email must meet the definition. How long do public records have to be retained by the local government? The state Bureau of Archives and Records Management publishes ch `i ti Ut46 oversees the retention of all City records. Please provide copies of all public records to the City Clerk. Quasi -Judicial ,- _y I Review Procedure . In 1995 the Florida Supreme Court changed the way local governments review and process land use decisions and other decisions that apply adopted policy. This court decision dramatically changed your jobs as decision -makers, placing you in the role of a judge when deciding quasi-judicial matters. . This change in the law applies to quasi- judicial hearings before the City Council, the Board of Building Appeals, the Code Enforcement Board, the Planning and Zoning Board, the Architectural Review Board and the Historical Preservation Commission. So why does it matter? - It matters because in a quasi-judicial hearing, where decisions implementing an adopted policy are considered: s You are acting in a quasi-judicial role, similar to a judge in a courtroom. - The decision you reach must be supported by competent substantial evidence. ■ You must apply the applicable law to the facts and evidence presented in the hearing. - Quasi-judicial hearings require that due process be afforded. . Ex-parte communications should be avoided. Summary of Open Meetings Law and Public Records Law . Open Meetings Law: No interaction with another member of your same council, board or comm ission except during an gr� pl �wervminu es ar �1fL� dj41�6 uncil, board and commission members must not dispose of any materials made or received that r�lt�tp_City business. Instead, all such publk L 15" should be provided to the City Clerk for retention pursuant to state requirements. ■ When in doubt, contact the Clerk's office or the City Attorney's office with any questions. 13 What is the difference between quasi-judicial J and legislative actions? ■ Decisions that set general policy rather than implement or apply policy are legislative. . Decisions that implement or apply an adopted policy are quasi-judicial. ■ Examples of quasi-judicial matters: rezonings, site plan approvals, development plan approvals, appeals of administrative decisions, code enforcement proceedings and variances. 16 What does all of that jargon mean?? Competent Substantial Evidence: When a decision is quasi-judicial, the decision must be supported by competent substantial evidence. The Florida Supreme Court definition Is: "The evidence...that is sufficiently relevant and material that a reasonable mind would accept it as adequate to support the conclusion reached." . Relevant • Material ■ Reasonable MAI 14 Some examples of competent substantial evidence exactly . Professional planning staff and Plannin and Zoning Board opinionycomments where there are facts in the record to support those opinions. . Professional expert opinion supported by facts the expert knows or has reviewed. r Non-professional lay -person opinion that is fact -based on issues that are not highly technical or scientific. Must the Council, Board or Commission make a finding of fact? . Legally, no. The Florida Supreme Court has stated that findings of fact are not required in quasi-judicial proceedings. HOWEVER...... r Practically speaking: YES! A hearing record that includes a coherent finding of facts based upon competent substantial evidence tends to be upheld by the courts on appeal. n What is due process and how does it fit in to a quasi-judicial decision? ■ Due process means following the established rules set up for the enforcement and protection of private rights. ■ Quasi-judicial hearings meet basic due process requirements if the parties are provided notice, provided an opportunity to be heard, and allowed to present evidence and cross-examine witnesses. We also require swearing - in of those who speak or testify at the hearing. What is NOT competent substantial evidence? z ip Mere statements/opinions of public support ` or opposition. + Attorney argument unless the attorney establishes on the record additional educational background or employment experience in the field at issue. + "Expert" testimony from non -staff professionals who do not state on the record the education or experience they are claiming to have. ■ Letters, documented phone calls, emails or petitions where there can be no cross- examination by the parties. What is the recommendation about findings of fact by the City Attorney's Office? • . During the discussion and deliberation portion of the quasi-judicial hearing, the council, board or commission is strongly encouraged to discuss the evidence and testimony presented as it relates to the facts and to the Code or Ordinances criteria, and base a decision upon those specific, stated, factual findings. r Findings of fact should be recited in the motion for inclusion in the order. What is an ex-parte communication?� It is a communication made outside of the hearing and off the record. Such a communication makes your final decision subject to a presumption of prejudice. Imagine someone who will be appearing before a judge in a court of law talking to the judge about the case before the hearing! Ex-parte communications include: all forms of communications, investigations, site visits and expert opinions. Ex-parte communications should be avoided where they are identifiable. Just say no when someone wants to discuss a pending quasi-judicial matter with you outside of the council chambers. It protects you and it protects the proceeding! What happens if there is an ex parte communication? . Ex-parte communications must be disclosed by the council, committee or board member at the beginning of the quasi-judicial hearing. In this way, an adverse party is provided the opportunity to confront, respond to and/or rebut any such disclosure to prevent the appearance of impropriety. Summary of Quasi-judicial hearings • J • Decisions that apply an adopted policy are quasi - Judicial. ■ In a quasi-judicial hearing, elected and appointed officials act as judges." t The decision you reach must be supported by competent substantial evidence, the applicable law must be followed, and due process must be afforded. ■ EX-partc communications should be avoided, and if they occur, should be disclosed on the record. Is there a special way we conduct quasi-judicial proceedings at the City of Vero Beach? Yes. The City Attorney's Office has a Quasi -Judicial Order of Proceeding that the Mayor or Chairman follows to make sure that the strict requirements of a quasi- judicial hearing are met. A copy of the Order of Proceeding is provided to you at the hearing. 6:13 pm He said he has been discussing how to enforce a mask mandate with County officigis and noted one way is to use the "no shirt, no shoes, no service" idea where astomers can chose which businesses they feel comfortable with. He said the mas re' uirement is a work in progress; the enforcement is a challenge. Mayor Dodd said an Orlando bar was closed by t eTlorida Dept. of Alcohol and Tobacco because the people were not social distanci nd several individuals became infected. He asked that as patrons, everyone b careful that we don't hurt the owners of the establishments by not wearing s. Council Member G' ka s noted the wearing of masks has to be a community effort, statewide. Tie- ity Manager stated Miranda Hawker with the Florida Department of Health has the City ui i tl it� lint to -will lc4 uG knsvd-when-tests--wtWbe-avaHalale. 8. Recess the Citv Council Meeting and Convene the Board of Adiustment Hearinq Mayor Dodd recessed the City Council meeting and convened the Board of Adjustment meeting at 6:11 p.m. A. AQoroval of January 8. 2020 Board of Adiustment Minutes Motion by Mr. Gilliams and SECOND by Ms. Parris to approve the January 8, 2020 Board of Adjustment meeting minutes passed with a unanimous voice vote of 5-0. B. Quasi -Judicial Public Hearing JOSEPH AND JULIA SCOZZARI, IN REGARDS TO LOT 26, BLOCK 381, SEBAS'TIAN 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) Chairman Dodd opened the hearing and the City Attorney read the title of Mr. and Mrs. Scozzari's request. Ex Parte Communication Chairman Dodd indicated he had four telephone conversations and one meeting with the applicant. Vice Chairman Mauti said he spoke to the applicant and met with him at the property. Mr. Gilliams also said he spoke to the applicant. Ms. Parris said she spoke to the applicant on the phone. June 24, 2020 Board of Adjustment, CRA, and Regular City Council Meeting Page 2 12 of 409 In response to the City Attorney's request to identify the subject matter of the board members conversations, they all indicated they spoke in regard to the requested variance. Andrea Coy, 501 Palm Avenue, asked if Mr. Gilliams had any business activities with the applicant. The City Attorney advised the contrary statement should be regarding the conversations or site visits that were disclosed by the board members. Mr. Gilliams stated he threw Mr. Scozzari out of his business. Christopher Nunn asked if there were any promises made to Mr. Scozzari. The City Attorney stated the board member did not indicate any promises. The City Clerk swore in everyone that was to provide testimony. Michael Saproun, representing Mr. and Mrs. Scozzari, said he was retained after the March 181h hearing was not held at which time he regrouped with the Scozzaries and discussed what they really wanted. He said they bought the property to enjoy the benefit of the personal storage facility (further referred to as the barn) which was permitted and approved in 1994 but the unity of title was never received by the original owner. The Scozzaries would now like to fence the property with an adjacent lot that they own to protect the property. Mr. Saproun stated the City has acquiesced over time that the storage facility is considered to be the principal structure. Julie Scozzari said they bought this property a year ago but lived next to it for 17 years and they would like to put up a fence to protect the property and prevent liabilities. She stated they do not intend to run their commercial roofing business out of this building and requested approval. Joe Scozzari said they have come to the City in good faith, an error was made in 1994, the title is clear to the properties. Staff Presentation The Community Development Manager said Mr. and Mrs. Scozzard's request has changed since the March 18 and April 22 Board of Adjustment meetings. In April, they wanted to unify the lot to the house and there were some variances that would have been needed. She asked that the Staff Report dated June 17, 2020 be entered into record. She said today, she found a note in the file from June 2018 indicating that Mr. Scozzari wanted to join the 1,700 sq. ft. accessory structure onto his double lot which was his initial approach to the City. Council Member Gilliams objected to her entering the note into the record because it was not part of the backup. The Community Development Manager said at that time staff assumed the barn had been unified to the original permanent structure it was permitted to, because it was a requirement for issuance of the building permit. She let him know that the City would need a survey to see if the unity could be released; there wasn't a fence application until January 2020. Based on the survey submitted, staff determined four variances would be needed. June 24, 2020 Board of Adjustment, CRA, and Regular City Council Meeting Page 3 13 of 409 She noted this barn and a Quonset but in the area of Brisbane were the two impetuses that prompted the existing code into place. The Community Development Manager reported the barn did meet all of the required conditions in 1994; the staff report does not state that staff or the court house made an error with the unity of title but just simply it cannot be located. She stated the City did not discover this until Mr. Scozzari made his request which refutes Mr. Saproun's comment that the City acquiesced to this. She also noted if the barn would be allowed to be the principal structure, it would not be in compliance with the camp plan; once the properties are unified, the Scozzaries can begin to install the fence. Mr. Mauti said he understood people's rights to protect their property as he came before the board to fence his vacant lots at which time he found that his rights were being taken away because he wanted to protect his property. A simple fence should not be denied. Mr. Saproun said the unity wasn't followed up on in 1994 and it did not appear on the title search when the Scozzari's bought the property and in fairness they should have been noticed they would have a problem. He said he would like the board to say they understand the properties weren't unified, you can have the fence. Chairman Dodd noted the hearing was to define the barn as the principal structure and was not a decision on the fence. Ms. Parris asked if there was a grandfather effect to the unity of title. Mr. Saproun said that would be the same as acquiesce. Mr. Gilliams said this was on March 18 agenda and asked if there was a difference between that agenda and this one. Mr. Saproun said the meeting was adjourned before his client could ask for the unity of title and now that the Scozzari's have thought about their property and would now like to keep the lot separate and have the barn to be considered a principal structure. Mr. Gilliams asked Mr. Saproun if his client was denied his hearing and due process. In response to Chairman Dodd, Mr. Scozzari stated that Mr. Dodd did call him on March 18 to let him know the why the hearing would not take place and he did not come to the March 18 meeting. Mr. Gilliams continued to talk about the March 18 meeting and Chairman Dodd called for a ten minute recess at 6:51 p.m. The hearing reconvened at 6:57 p.m. All members were present. Chairman Dodd stated during the quasi-judicial process, the board is obligated to make! their decision based on the evidence presented by the applicant and the staff. Mr. Gilliams said the application started March 18 and was postponed to April 22 and further because of the pandemic and the lack of meetings; he wanted the board to take everything into consideration. June 24, 2020 Board of Adjustment, CRA, and Regular City Council Meeting Page 4 14 of 409 The City Attorney advised they were at the point in the agenda that questions could be asked of staff and the applicant; Mr. Gilliams could continue his discussion during the deliberations. In response to Mr. Gilliams, Mr. Saproun stated the applicant would not be using the structure for his commercial business, There was no one to speak in favor of the request. In Opposition Tracey Cole said she was upset that Mr. Saproun's letter addressing the closure of the March 18 meeting was being used to overtake the City; she did not want to see the request approved because every lot could have a two story storage unit. Grace Reed said she did not know the applicant but her concern is this is not primary structure but storage and should always be. Sharon Herman, Sebastian, said the zoning was changed to keep this from becoming routine in the City and if this was opened up this could happen anywhere in town which isn't reasonable. Andrea Coy, Sebastian, said in regard to Mrs. Scozzari's comments, a dumpster should not be allowed on residential lots, she has pictures of three roofing trucks on their property and workers should not be coming and going to a residential site for their work vehicles. Ms. Coy said at the last time the variance was presented, the City recommended approval because there was unity of title but tonight's request was a different variance. She asked the board to follow the City's rules and do it right. Applicant's Response Mr. Scozzari said the dumpster goes on his two lots. Mr. Saproun said he heard legitimate concerns that if this was granted, structures would pop up everywhere but that is not true. The Scozzaries do not want to unify the lots to have something to fall back on if the world continues to turn upside down (they could sell one of the lots); and the code definition does not limit dwellings as principal structures in residential districts. Mrs. Scozzari said they have one employee that comes to their house every morning; they have a unified lot next to her house where she keeps her trucks, and a boat. They are trying to do this the right way. The City Attorney asked for a meeting pause to speak to the Community Development Manager. Staff Summarization The Community Development Manager stated the City did not acquiescence to the absent unity of title because the City did not realize there wasn't one and staff proceeded to advise June 24, 2020 Board of Adjustment, CRA, and Regular City Council Meeting Page 5 15 of 409 7:24 pm 7.27 pm the applicant on the procedure to correct the unification to eliminate non -conformities on their property. She said Mr. Saproun is correct in that the code does not say, in a residential district that a residence is the only allowed primary structure. The RS40 district allows other uses such as churches to be primary. But it does not allow storage facilities as permitted or conditional uses in the residential districts. She went over the criteria required by code to approve the variance to which staff felt the request did not meet. (See attached) Board Deliberations Mr. Gilliams asked if conditions of approval could be attached to the variance. The City Attorney advised there could be; as well as restrictions. Mr. Gilliams asked if a condition could be that the lot would stay single but future owners would have to own property within 300 feet. The Community Development Manager stated the loft could be sold to a different owner but she wasn't sure if they could impose restrictions on who a new owner could be. Ms. Parris said the omission of the word only (in definitions) led her to believe that the barn could be considered the principal dwelling; the family is considering safety and liability, it was only fair to vote in favor of their request. Mr. Hill stated they cannot grant the request; it is not an allowable use. He noted that staff is willing to work with the applicant to get the fence around their property. Vice Chairman Mauti asked what the difference was between a storage facility and a garage. Mr. Hill replied the unity of title is critical so the storage facility becomes the accessory structure to the home. Vice Chairman Mauti said the applicant could put up a fence on one side, receive a permit from the neighbor in the back and have his fence; he just won't receive his stand alone building; and it could go on for another 20 years. Chairman Dodd said the one thing the City can't do is to provide exceptions to the code because it is convenient, they should change the code instead of allowing exceptions. He said the code is very clear that every time, a person asks to build a garage or storage facility the property owner is required to have a unity of title. He said he couldn't support this option because a storage facility is not defined as a primary structure; he said they could change the code to open up the residential areas to commercial development. MOTION by Mr. Hill and SECOND by Chairman Dodd to deny Mr. and Mrs. Scozzari's application. Mr. Gilliams said he could list three or four properties on Indian River Drive with variances; based on who someone is, there are waivers and favors. He said he would deny Mr. Hill's motion. Chairman Dodd noted that he didn't believe he ever said he wouldn't support this because he doesn't like the guy but because it doesn't fit the code. June 24, 2020 Board of Adjustment, CRA, and Regular City Council Meeting Page 6 16 of 409 7:53 pm iJ 20.080 Chairman Dodd called for a break at 7:40 p.m. and reconvened the meeting at 7:46 p.m. All members were present. The motion was to disapprove the request to define the accessory structure as the principal structure on the lot; a yes is to deny the application. Roll call: Vice Chairman Mauti - nay Mr. Gilliams - nay Mr. Hill - aye Ms. Parris - nay Chairman Dodd - aye Motion failed. 3-2. MOTION by Mr. Gilliams and SECOND by Ms. Parris to approve the variance for Joseph and Julie Scozzarri in regards to lot 26, block 381, Sebastian Highlands Unit 11. Roll call: Mr. Gilliams - aye Mr. Hill - nay Ms. Parris - aye Chairman Dodd - nay Vice Chairman Mauti - nay Motion failed. 3-2. Mr. Gilliams started to make a motion to include a condition that if the Scozzaries would sell the property, they would have to sell the lot to someone who lives within 500 feet of the structure. Chairman Dodd said he wasn't sure how that could be stipulated as the code was clear. The City Attorney advised that the City's position outlined on pages 11-51 of the agenda backup were to be included as part of the record. Recess the Board of Adiustment Hearina and Convene the Communitv Redevelopment �— Aaencv Meetinq Mayor Dodd adjourned the Board of Adjustment Hearing and convened the CRA meeting. A. MOTION by Mr. Hill and SECOND by Vice Chairman Mauti to approve the F-eb ary 26, 2020 CRA Meeting Minutes passed with a unanimous voice vote. !e B. Aporove Sidewalk Replacement at Riverview Park undo-r the Timothv Rose Contracting, Inc. Concrete Construction Service Acireement_in-the Amount of $78,622.36 and Authorize the Citv Manaaer to Execute the A-Drooriate Documents (Transmittal. Quote. Bid. Plan, Minutes Excerpt) The City Manaaid the sidewalk replacement is part of Riverview Park tree protection plan to_ra- Eve existing sidewalk and replace it with a more substantial sidewalk. In regard _JQ`ttl-e bidding process, the City Manager explained that the City does multiple year contracts June 24, 2020 Board of Adjustment, CRA, and Regular City Council Meeting Page 7 17 of 409 Cm if SEAT-N HOME OF PELICAN ISLAND BOARD OF ADJUSTMENT AGENDA TRANSMITTAL Council Meeting Date: Agenda Item Title December 9, 2020 Lawhon Variance Request Recommendation: Conduct a quasi-judicial public hearing to consider a variance request for the property located at 242 Dickens Avenue, Lot 16, Block 493, Sebastian Highlands Subdivision Unit 15 Background: A variance application has been submitted from Christopher Lawhon for relief from Section 54-2-5.2.3(d)(5) and Section 54-2-7.5(b)(1) of the Sebastian Land Development Code to allow an existing 280 SF shed to be 2 feet from the side property line and encroach into a public 6-foot utility and drainage easement, whereas the code requires the enclosure to be a minimum distance of 10 feet from the side property line and prohibits accessory structures to be within an easement. 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. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: Total Cost: NIA Funds to Be Utilized for Appropriation: Attachments: 1. Staff Report and Board Criteria 2. Exhibits A through G 3. Application Administrative Services Departmen eview:. City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization Date: 18 of 409 �M Lf HOME OF PELICAN ISLAND Community Development Variance Application - Staff Report 1. Project Name: Lawhon Shed Encroachment 2. Requested Action: Variance requested from Section 54-2-7.5(b)(1) and 54-2- 5.2.3(d)(5) of the Sebastian Land Development Code to allow an existing 280 SF shed to be 2 feet from the side property line and encroach into a public 6-foot utility and drainage easement, whereas the code requires the enclosure to be a minimum distance of 10 feet from the side property line. 3. Project Location. a. Address: 242 Dickens Avenue Sebastian, Florida b. Legal: IRC Tax Parcel ID No. 31-39-07-00001-4930-00016.0 Lot 16, Block 493, Sebastian Highlands Subdivision Unit 15 4. Project Owner: Christopher M Lawhon 242 Dickens Avenue Sebastian, Florida 32958 (732) 620-0011 5. Project Agent: Homeowner 6. Project Surveyor: Thomas R Cecrle, P.L.S. #4896 Cecrle Land Surveying, Inc. 10749 US Highway#1, Suite A Sebastian, Florida 32958 (772)388-0520 Project Description: a. Narrative of proposed action: Mr. Lawhon purchased this property as his residence in November 2019. A few months later he applied for a fence permit. However, at that time he was told by the Building Department that his property had been previously flagged in 2008 after proper notice was given to the previous owner that an illegal shed had been placed without a permit and that it was 19 of 409 encroaching into the required side yard setback and public utility easement (Exhibit A). A permit application for the shed was never submitted by the previous owner. The survey that was submitted with Mr. Lawbon's fence permit application clearly identified the encroaching shed (Exhibit B), and because of the permit systern's flag on the property, the plans reviewer denied the fence perrnit until the shed matter is resolved (Exhibit C). The applicant is willing to apply for the after -the -fact shed permit, but does not desire to relocate the structure out of the setback and/or easement area. The applicant is requesting an 8-foot variance from the 10-foot side yard setback required for this zoning district. Mr. Lawhon will also need to formally apply to abandon the 6-foot public utility and drainage easement, if the variance is granted, in order to allow the shed permit to be issued given that Section 54-2-7.5(b)(1) prohibits accessory structures to be placed in an easement. b. Current Zoning: Current Land Use: C. Adjacent Properties: North: East: South: West: d. Site Characteristics RS-10 (Single -Family Residential) LDR (Low Density Residential, 5 units per acre) Zoning (1) Total Acreage: RS-10 RS-10 RS-10 RS-10 (2) Current Land Use(s): (3) Water Service: (4) Sanitary Sewer Service: 8. Staff Comments: Current Land Use residence residence residence residence Future Land Use LDR LDR LDR LDR .23 acres, or 10,000 SF Single-family residence County water Septic system Florida Building Code regulates specific distances that structures must be from adjacent property lines before they are required to be fire -rated. The Building Director has determined the subject shed must be a minimum three feet the property line unless fire suppression measures are added to the walls (Exhibit D). Building permit issuance for the shed, as it is located currently, could not occur unless a relocation of the structure by 1 foot at minimum is proposed, independent of a variance approval or denial. 2 20 of 409 Staff has reviewed the aerial of the property (Exhibit E) and scaled survey, and established at least two alternative locations that the shed could be relocated to which meet code requirements and that would not require abandoning the utility and drainage easement (Exhibit F1 & 2). State law requires that properties undergoing real estate transactions (sales/purchases) must verify that all building permits and code enforcement violations are closed before final documents are executed. Usually this verification is performed by a Title Company or similar service, but can be done by the sellers/purchaser themselves. If due diligence occurred for the subject property, even though a permit did not exist for the shed, the property's flag would have disclosed the shed violation. 9. Board Criteria for Determining Variances: See attached analysis. This criterion was considered in determining staff's recommendation. The applicant has also submitted a written deliberation for the Board"s consideration (Exhibit G). 10. Staff Recommendation: Staff recommends denial of the variance request for the property located at 242 Dickens Avenue, Lot 16, Block 493, Sebastian Highlands Subdivision Unit 15, to allow a shed to be 2 feet from the side property line within a public utility and drainage easement. The denial is based on the movability of the structure, and having to abandon the 6-foot easement. 11. Board Action: Conduct quasi-judicial hearing to consider the requested variance. Dorn Boswoth, Manager/Planner Community Development Department Date 3 23 of 409 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 / The applicant's property is a standard Sebastian Highland interior lot, 80' X 125' in size, with the same 6-foot side yard public utility and drainage easements (PU&DE) as the surrounding neighborhood. The shed is a standard pre -manufactured metal accessory structure with a wooded floor, not tied to a concrete slab, which is similar to many accessory structures found in Sebastian. The physical property and structure does not present any special conditions or circumstances. 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 ❑ The incorrect placement of the shed, and the no -pen -nit violation are not the results of any actions by the applicant. However, it appears proper due diligence regarding the property, whether by a Title company or the applicant, was not done prior to the real estate transaction or conveyance and issuance of the deed. 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. Meets Standard Yes ❑ No 51/ Numerous pen -nits have been issued for sheds and accessory structures on interior lots that have met the setback requirements. When structures are determined to not have a proper building pen -nit, the required after -the -fact application must meet all current code requirements, independent of how long the structure existed or when constructed. Currently, only fences and concrete are allowed to be constructed within easement areas, and only after the homeowner signs an affidavit acknowledging that the concrete or fence 4 24 of 409 may need to be removed, at the homeowner's expense, if the city or utility needs use of the easement. For practical matters, buildings are not allowed in the easements considering the costs, and hurdles, for both the property owner and utility entity, if a building in the easement would impede a utility service. A special privilege would be conferred if the shed was allowed to remain in the easement. 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 E/ Because the structure is not tied to a concrete slab, the shed is movable. At minimum, in order to at least meet the Florida Building Code (FBC) for fire -rated exterior walls, (which needs to be met in order to be able to issue a building permit), the structure will need to be moved one foot. Since the necessary means to relocate the shed for that required amount will be in place, additional relocation can occur to remove the building out of the easement and meet the I0-foot setback regulation, as proposed in Exhibit F1 & 2. e. Only the minimum variance -aranted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Meets Standard Yes V No ❑ If a variance is considered, the 8 feet requested will still not allow a building permit to be issued based on non-compliance with the FBC's regulation of having to be a minimum 3 feet from the property line (Exhibit D). If granted, only a variance of 7 feet should be approved. Abandonment of the PU&DE would still need to be applied for. 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 F/ The intent of separation between buildings and structures from adjacent properties will not be met. If the requested variance for 8 feet is granted, fire safety regulations of the FBC will not be complied with. 5 25 of 409 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 CY No ❑ Staff's recommendation is for denial based on movability of the structure. However, if a variance is granted, it should be conditional that abandonment of the side -yard easement is achieved and recorded, and that the variance is specific for the existing 280 SF shed only - which does not transfer to any future replacement shed. 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 1 / No ❑ If a variance is granted, staff recommends that the applicant be required to apply for the after -the -fact shed permit and Abandonment of Easement within 30 days. If a variance is not granted, staff recommends that the applicant be required to apply for the after -the -fact shed permit within 30 days and relocate the structure within 60 days. 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 not a use -related variance — Accessory structures are allowed in this zoning district. 6 26 of 409 Exhibit C �m Lx SEBAST�"__ HOME OF PELICAN ISLAND BUILDING DEPARTMENT 1225 MAIN STREET - SEBASTIAN, FLORIDA32958 TELEPHONE: (772) 589-5537 • FAX (772) 589-2566 Date: . 1/13/2020 Permit No: 20-115 Work Description: FENCE Permit Address: 242 DICKENS AVE BUILDING PERMIT PLAN REVIEW COMMENTS Notice to applicant: Your application for permit has been reviewed for code compliance. The following comments were made regarding your project which requires correction and/or clarification. Please provide revised plans as applicable to address the comments. Corrections require a plan correction/revision form to be filled out and resubmitted through the City of Sebastian Building Department. Zoning Status: General Denied by Daniel Hainey DUE TO THE PROPERTY VIOLATION THAT EXISTS AT THIS PROPERTY SINCE 10/29/2008 FOR A SHED INSTALLED IN THE SIDE YARD SET BACK,WITHOUT A PERMIT. NO PERMITS CAN BE ISSUED, PLEASE CORRECT THIS VIOLATION A.S.A.P. Please feel free to contact our plan reviewers directly for any questions or concerns. A complete list of contact information can be found at our website at cityofsebastian.org. 29 of 409 Exhibit D Dorri Bosworth From: Wayne Eseltine Sent: Thursday, December 03, 2020 837 AM To: Dorri Bosworth Cc: Daniel Hainey Subject: RE: 242 Dickens Ave Dorri, Here are the Building Department findings regarding the property located at 242 Dickens Ave.: Our records show that a permit for a fence was applied for on 1/3/2020. This permit was denied by Daniel Hainey on 1/13/2020 due to a previous unresolved property violation from 10/29/2008 where a shed was placed on the property without a permit. This shed tie down system was never inspected for code compliance, it was placed in the 6 ft. utility and drainage easement and does not meet the 10 ft. side yard setback requirement. Records show that a violation notice was posted on the property and a letter was sent to the owner on 10/29/2008. In these situations, additional permits that are not essential for health and safety are withheld until the previous violation is resolved. The new survey provided with the fence permit application shows that this shed was located approximately 2 ft. from the side yard property line. The Florida Building Residential Code section R302.1 states that exterior walls of dwellings and accessory structures which require a permit to be a minimum of 3 ft. from the property line unless a one hour fire rated exterior wall is provided. Further, it is incumbent upon the buyers of real estate to research the property records for any potential open permits or code violations from the City. This is typically done through a realtor or a title company. Regards, Wayne Eseltine, CBO FSI CFM City of Sebastian Building Director / Fire Marshal 772-388-8235 30 of 409 Exhibit G 33 of 409 Permit Application No. SEBASTM City of Sebastian NLNIMF Of ELI:M Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Name: T 0;'Is �I.� n/X Z a4-1-111-0.✓ Addres%,2,, ' AtILZ7 Phone Number: (7,�Z) + FAX Number: E-Mail: Owner (If different from applicant) Name: Address: Phone Number: ( ) E-Mail: Title of permit or action requested: FAX Number: ( 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): 6tfeo Jc'ieoiQ i1' a ' B. Site Information Address: y'-2 t Lot: /� Block: Unit: Subdivision: Indian River County Parcel #: 3 1 3`t o 7C300e 1 Y?3ococw C) Zoning Classification: Future Land Use: ks -10 L1) Existing Use: Proposed Use: i SlN&-L_-FAAnm� 4c� <K� J C. Detailed description of proposed activity and purpose of the requested permit or action,,(attach extra sheets if necessarv): T'o cA)4-c�_7,N e (/G����,�C �o: }'r�� SLtT�1/ c„-1 -1 DATE RECEIVED: t 1 Y1 QD FEE PAID: $ 900. CO RECEIVED B j34tu- IN Fd = 34 of 69 Permit Application No. D. Project Personnel: Agent: Name: Address Phone Number: { ) - FAX Number: E-Mail: Attorney: Name: Address Phone Number: { ) - FAX Number: E-Mail: Engineer: Name: Address j Phone Number: ( ) - FAX Number: E-Mail: Surveyor: Name: - Address Phone Number: ( 7771) - FAX Number: ( ) - 3�g � � z � 77z E-Mail: 1, L...riu-!I` 4 ,-- , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: )(— I AM THE OWNER 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 ANDICR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE ND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. SIGNATURE DATE -r / r ���1411HIIIIN���� SWORN TO AND SUBSCRIBED BEFORE ME B�ISz� r„+� i./�t l 3 f 1��^ ��[�Y 8psl1� WHO 15 PERSONALLY KNOWN Tp ME OR PRODUCED DuY� L LL ��`Q�,h1�SSlONA •,� AS IDENTIFICATION, THIS 1 DAY OF �,u /}, 20 Zo 4. NOTARY'S SIGNATUREi— • �r"F 96�i0E2 PRINTED NAME OF NOTARY r►L• �Su,ArCYZ{- ' o COMMISSION NO./EXPIRATION (O ��%i5l .1 �o P :;UbficUnde ,•`.w O SEAL: �Iffl 1Ikl' �ON`, 35 of 409 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. UWE, THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE 5 BJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE�6a(LD S ,L� l BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. IIWE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION 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 BY 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 EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SIGNATURE DATE Sworn to and subscribed before me by 0,4e swlz� A- kAWt'kL- who is personally Known to me or produced ie &.tC . as identification, this JLt�'_ day of I 2020 . Notary's Signature ,. Printed Name of Notary „K . f3as U,crertf Commission No./Expiration Seal: ' IB+OSrWD ,���i o�a�SsIO 9pnded t' a�.'� l rim 9,Q''ypu6lic Und`d '�a``� 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 36 of 409 Permit Application No. 5 —" HOMI OF PELICAN ISLAND Supplemental Information Application to the Board of Adjustment 1. This application is for a (check one): variance(s) appeal(s) 2. Specify ail code provisions for which a variance is being requested or the decision or decisions that you are appealing. (Attach extra sheets if necessary): t,/y,t$ el,i—I-E, p � c o t,-�t� 4�/�Y� Is Li 3. Legai description of the property involved: S 1,-, 4. Attach the following: !' a. 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. 9(W 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. 37 of 409 CMCf SERAST_" HOME OF PELICAN ISLAND BOARD OF ADJUSTMENT AGENDA TRANSMITTAL Council Meeting Date Aqenda Item Title: December 9, 2020 Ellis Variance Request Recommendation: Conduct a quasi-judicial public hearing to consider a variance request for the property located at 702 Carnation Drive, Lot 20, Block 231, Sebastian Highlands Subdivision Unit 6 Background: A variance application has been submitted from Christian Ellis for relief from Section 54-2-7.7(c)(3) of the Sebastian Land Development Code to allow construction of a six (6) foot high fence within a secondary front yard setback area on a corner lot, specifically 11.5 feet from the property line, whereas the code for the RS-10 Zoning District would require such fence to be a minimum distance of 20 feet from the property line. 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. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: Total Cost: NIA Funds to Be Utilized for Appropriation: Attachments: 1. Staff Report with survey and Board Criteria 2. Exhibits A through E 3. Application and Neighborhood Signatures Administrative Services DepartmpKt Revie ' City Y Attorne Review. �� � 5 Procurement Division view, ifappGca6!<s: City Manager Authorization Date: /'�% C"cc SEBASTV HOME OF PELICAN ISLAND Community Development Variance Application - Staff Report 1. Project Name: Ellis Residential pence on Corner Lot 2. Requested Action: Variance requested from Section 54-2-7.7(c)(3) of the Sebastian Land Development Code to allow construction of a six (6) foot high fence within a secondary front yard setback area on a corner lot, specifically 11.5 feet from the property line, whereas the code for the RS-10 Zoning District would require such fence to be a minimum distance of 20 feet from the property line. 3. Project Location a. Address: 702 Carnation Drive b. Legal: Lot 20, Block 231, Sebastian Highlands Unit 6 4. Project Owner: Christian Ellis 702 Carnation Drive Sebastian, FL 32958 Chriske2@comcast.net 5. Project Surveyor: Brunner Hagen Land Surveyors Inc. Jon Brunner #6431 (Original survey, 2017) 7. Project Description: a. Narrative of proposed action: Christian Ellis has requested a variance to construct a 6-foot fence within his secondary front yard setback area on his property located at 702 Carnation Drive (Exhibit A). Because the property is a corner lot, Mr. Ellis has two front yards. His primary front yard is the yard in front of his house facing Carnation Drive, and his secondary front yard runs along Melrose Lane. Per the Sebastian Land Development Code, a 6-foot fence must be located behind the secondary front yard setback line, which for the RS-10 zoning district is 20 feet. Mr. Ellis would like to install the 6-foot fence approx. 12.0 feet from the wall of his house facing Melrose Lane, which would place the fence 11.5 feet from the property line and within the secondary front yard setback area. 39 of 409 If Mr. Ellis installed the fence in compliance with the 20-foot setback requirement, it would be placed 3.5 feet from the house (See Attached Survey). This placement would interfere with the location of his existing septic system drain field, in addition to losing a portion of his back yard (See Exhibits B, C & D). A 4-foot high fence may be placed within the secondary front yard setback area, but it should be noted that the applicant has stated on his application that they have two large dogs that could easily jump a fence with a reduced height - they have also expressed concerns regarding a reduction of privacy with a smaller fence (See Exhibit E); these items are noteworthy, but not necessarily considered a hardship that requires relief from the code. Therefore Mr. Ellis is asking for relief from the code as a result of the placement of the existing septic system, which is a hardship that the Commission may consider. b. Current Zoning: RS-10 (Residential Single Family) C. Adjacent Properties: Zoning Current Land Future Land Use Use North: RS-10 vacant LDR East: RS-10 residence LDR South: RS-10 residence LDR West: RS-10 vacant LDR d. Site Characteristics (1) Total Acreage: .26 acres (2) Current Land Use(s): residence (3) Water Service: public water (4) Sanitary Sewer Service: septic system 8. Staff Comments: The city's main concern with fences located on corner lots is regarding traffic safety and visibility for vehicles stopped at the intersection and residents backing out of nearby driveways. Staff has analyzed the variance request based on the conditions of the site and provided photos from the applicant indicating the proposed location of the fence and the negligible impact on traffic visibility at the intersection (Exhibit B). Staff finds that if a variance is granted, the fence location would be in compliance with Section 54-2-7.10 requiring a visibility triangle of 30 feet at the strect-to-street intersection and 15 feet for other intersections (nearby driveways). 2 40 of 409 9. 10. 11 Board Criteria for Determining Variances: See attached analysis. Staff Recommendation: Staff recommends approval of the variance for Christian Ellis at 702 Carnation Drive to allow a 6-foot fence within the secondary front yard setback area on a corner lot, or more specifically, 11.5 feet from the secondary front property line along Melrose Lane and 12.0 feet from the wall of the house- the code will require the finished side of the fence to face the streets. Board Action: Conduct quasi-judicial hearing to consider the requested variance. s- ig, nior Planner Development Department -f �7--a- !7- Date 9 41 of 409 BOARD CRITERIA FOR DETERMINING VARIANCES Section 54-1-25 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 ❑ The existence of a corner lot within the grid layout of Sebastian does not create a peculiarity for the subject property, nor by installing a fence on the secondary front yard. Most corner lots are wider by 5 to 10 feet than interior lots within the same block. The applicant however does have a septic drain field that may create a special condition and circumstance that the Commission may wish to consider. 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 ❑ There is no regulation in the Land Development Code that requires corner lots to have a fence; also, the location of the property was evident when the purchase was made- however, it should be noted that the placement of the home and septic system were conditions not created by the applicant. 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. Meets Standard Yes ❑ � No ❑ Numerous permits have been issued for fences on corner lots that have met the secondary front yard setback requirement for a 6-foot fence; It is also common for single family dwellings to have privacy fences. The Commission must decide what would be considered to be a reasonable amount of relief required- if any, for the applicant to obtain a privacy fence. 4 42 of 409 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 ❑ Due to the location of the home and septic drain field, location of the septic and associated plumbing within the secondary front yard, requiring a 6-foot fence to be located 20 feet from the secondary front yard on this property may create undue hardships for the applicant. e. Only the minimum variance wanted. 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 ❑ Allowing a 6-foot fence to encroach eight and one-half (8.5) feet within the 20' secondary front yard setback area, as requested by the applicant, would make reasonable use of the property; staff feels that it would be the minimum amount of distance required to clear the active septic field plumbing and allow reasonable utilization of the rear yard, while maintaining sight visibility to motoring traffic at the nearby intersection. f. Not iniurious 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 ❑ The granting of the variance would be in compliance with the requirements of Section 54-2-7.10 regarding visibility triangle regulations, and meet the general intent and purpose of the Comprehensive Plan and the Land Development code and will not be injurious to the area involved, or surrounding properties. 5 43 of 409 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 ❑ If the variance is granted, the code will require that the finished side of the fence must face the street. h. Time tin -tit 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 being 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 not a use -related variance. R 03150MOOE Criteria for Variance EXHIBIIT'E' A. Circumstances — Leech field. We are trying to accommodate the leech field as to not puncture any areas with fence post positioning. (See exhibit 3) B, Conditions not created by applicant — we did not build the home. We are the second owners. C. Special privileges not conferred — there are at least six corner lots in the area that have 6-foot fences from corner of home to front corner of home. We are not asking for anything that does not already exist. (See exhibit 4) D. Hardship conditions exist — 1. Dogs. We have 2 dogs that can easily jump a 4-foot fence. There is a lot of neighborhood activity such as biking, walking, and other dogs which could cause our dogs to react in a negative manner. 2. Privacy. We will hopefully be installing an inground pool and would appreciate as much privacy as possible. B. Taxes and maintenance. We pay taxes and maintenance on an oversized corner lot and would like to utilize the property to its maximum potential. E. Minimum variance — 12 feet off the house would be the minimum to go around the leech field. F. Not injurious to the public welfare — will not affect public. Drivers need to be at least 30 feet past fence to see around telephone poles to proceed through intersection. Fence will not obstruct view. (See exhibit 1 & 2). G. Acknowledged and understood. 50 of 409 H. Time limit — contractor indicated total fence install will be completed within 2 days. Acknowledged and understood. 51 of 409 Permit Application No SETN City of Sebastian HOhIE OF PELICAN IiCAND Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Name: - /�2� Address: Phone Number; ( ) FAX Number: ( ) E-Mail: C,%7i^�J-�C� Owner (if different from applicant) Name: - Address: Phone Number: ( ) - FAX Number: E-Mail: - Title of permit or action requested; PLEASE COMPLETE ONLY THOSE SECTICNS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): - B. Site Information _ Address: Lot: ao Block: Unit: Subdivision; — Indian River County Parcel #: _ 3_ r,_3Sr� r3 -Qnoe[ alto-- c�oo�o.f� Zoning Classification; Future Land Use: Existing Use; Proposed Use: - tiSING1�-E..V �� • S�� C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessarv): r ran sC� ,raR„Q� 6E!0 rr YAeu) DATE RECEIVED: �// o� FEE PAID: $ 20�L RECEIVED BY; x 56 of 409 Permit Application No. D. Project Personnel: Agent: Name: Address f Phone Number: ( ) - FAX Number: E-Mail: Attorney: Name: Address f Phone Number: ( ) - FAX Number. E-Mail: Engineer: Name: Address Phone Number: ( ) - FAX Number: E-Mail: Surveyor: Name: Address Phone Number: ( ) - FAX Number: E-Mail: I, OHfaSrlmo OLL( 9 BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: Lefl AM THE OWNER I 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 AND TRUE TO THEEBBFSST OF MY KNOWLEDGE AND BELIEF. 4IGNITUII c DATE SWORN TO AND SUBSCRIBED BEFORE ME BY _oer, L�"U WHO IS PERSONALLY KNOWN TO ME OR PRODUCED `L AS IDENTIFICATION, THIS � `x" DAY OF 1Ik)0Q V\i5 rJL 20ao055, NOTARY'S SIGNATURE _$ : �y �� ��,•.S PRINTED NAME OF NOTARY COMMISSION No./ExPIRATIOiJ:yGM34U SEAL: i� 1 46lic Un660 Y/�j C STATE !! 111111110N 57 of 409 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. IIWE, /THE OWNER(S) 1 _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE at,41 cP }l ojtAi� BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. IIWE= HEREBY WAIVE ANY OBJECTION OR DEFENSE IIWE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, 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 BY 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 EMPPLTOYEE. AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. EM SIGNATURE DATE Sworn to and subscribed before me by () ko"— who is personally known to me or produceda\sR I,(L�;gOSyyO�i�� as identification, this � day of A1oI)etv--&,q_, 20 Notary's Signature Printed Name of Notary M' cue1R F =* 4W`� Commission NoJExpiration 4/ `f % 2•'.ti mZ': Q Seal: y�a'prdyeondad��`°.' a'� `Itrr;11ruII ►»0�. 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 58 of 409 Permit Application No. S�T�N HOME OF ffUCAN 15LAND Supplemental Information Application to the Board of Adjustment 1. This application is for a (check one): _X variance(s) appeal(s) 2. Specify all code provisions for which a variance is being requested or the decision or j�decisions that you are appealing. (Attach extra sheets if necessary): /� 1' l//t%1ZC r / I /� C✓-7 f hXC G d/_1 y rj Sr�t�i•? _% d N 4 3. Legal description of the property involved: 4. Attach the following: a. 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 an dresses of all propert rs whose property or part of their real property is fan outer boundary of the lot or parcel of land that is ject of the application. 59 of 409 Special City Council Meeting 2" FY20/21 Budget Hearing September 28, 2020 Page 2 Attorney, Special Counsel Dan Abbott, the City Manager and Court Reporter Greg Campbell. The session was expected to last one hour. The City Clerk confirmed the meeting notice was advertised on the corkboard in City Hall's lobby, on the website, and distributed to a standing e-mail list as well as the Council Members. Council then convened to. the 2nd floor conference room at 5:03 p.m. and terminated the attorney client session at 5:36 p.m. 6. REOPENING OF PUBLIC MEETING TO ANNOUNCE TERMINATION OF ATTORNEY - CLIENT SESSION Mayor Dodd reconvened the public portion of the meeting at 6.00 p.m. All Council Members were present. 7. CONVENE PUBLIC HEARING FOR THE COMMUNITY REDEVELOPMENT AGENCY FY20/21 BUDGET A. Conduct Public Hearing on CRA Budget for FY20/21 — CRA Resolution No. 21-01 (Transmittal, CRA 21-01, Ex. A) A RESOLUTION OF THE CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY (CRA) ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBE=R 1, 2020 AND ENDING SEPTEMBER 30, 2021; MAKING FINDINGS; AUTHORIZING AMENDMENTS AND TRANSFERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to CRA Resolution No. 21-01. The City Manager said this was required to be adopted separately but will be incorporated into their overall budget document. There was no public comment. MOTION by Vice Chairman Hill and SECOND by Mr. McPartlan to approve CRA Resolution No. 21-01 adopting the FY20/21 Community Redevelopment Agency budget. Roll call: Chairman Dodd - aye Vice Chairman Hill - aye Mr. Jones - aye Mr. McPartlan - aye Mr. Nunn - aye Motion carried. 5-0 8. MAYOR DODD RECONVENED THE CITY COUNCIL MEETING AT 6:03 P.M. 61 of 409 Lin LX $EBAST_" HOME OF PELICAN ISLAND CRA BOARD AGENDA TRANSMITTAL Council Meetina Date: December 9, 2020 Agenda Item Title: Award Invitation to Bid (ITB) #21-02 Landscape Maintenance in Sebastian CRA District to SSS Brevard OPCO LLC dba Tropical Property Management with an annual expense of $171,684 for a 3-year contract term. Recommendation: The Procurement Division, on behalf of the Community Development Department, recommends that CRA Board AWARD ITB #21-02 to SSS BREVARD OPCP LLC DBA TROPICAL PROPERTY MANAGEMENT with an annual expense of $171,684 for a 3-year contract term. Backaround: An ITB soliciting these services was advertised via local newspaper and released on November 2, 2020 via the City's website; DemandStar.com and myVendorLink.com. All bids were due electronically on November 20, 2020, in which one (1) bid was received. The bid was reviewed for responsiveness by the Procurement Division and reviewed by the end -user departments to ensure all requirements were met as provided in the solicitation documents and specifications. This ITB replaces a contract for these services awarded in 2016. The proposed contract cost for the services currently being provided will decrease by an annual amount of $8,766 and additional services were added. It is recommended to award ITB #21-02 to the lowest, responsive and responsible Bidder, SSS BREVARD OPCP LLC DBA TROPICAL PROPERTY MANAGEMENT for Landscape Maintenance in Sebastian CRA District. This award will result in a 3-year contract term with the option to renew for two (2) — one (1) year terms contingent upon Contractor's performance and availability of budget. Monthly Cost (w/ Fertilization Oct. - May): $12,657 (8 months) = $101,256 Monthly Cost (w/o Fertilization June — Sept.): $11,607 (4 months) = $46,428 ADDITIONAL SERVICES: US Highway 1 (monthly) $2,000 (12 months) = $24,000 TOTAL ANNUAL: $171,684 If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: $171,684.00 Total Cost: $171,684.00 Funds to Be Utilized for Appropriation: CRA and Stormwater Utility Fund Attachments: 1. Bid Tabulation ITB 21-02 2. Bid Form submitted by Recommended Bidder (Exhibit "A" of Agreement) 3. Reference Checks for Recommended Bidder 4. Proposed Agreement with Specifications Administrative Services Department view.. City Y Attorne Review: Procurement Division Revietiri, if applicable: �+ City Manager Authorization: Date: 62 of 409 ar, Of SEBAST_N HOME OF PELICAN ISLAND BID TABULATION Administrative Services Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772)388-8231 ITB 21-02 LANDSCAPE MAINTENANCE IN SEBASTIAN CRA DISTRICT Due Date: November 20, 2020 at 2:00 PM EST Date: November 23, 2020 Bids Received MONTHLY ANNUAL BID TOTAL TOTAL ALTERNATIVE SSS BREVARD OPCO LLC $11,607.00 dba TROPICAL PROPERTY (June 1 —Sept. 30) $147,684.00 $ 2,000.00 $12,657.00 MANAGEMENT (Oct. 1 —May 31) Notes: 1. The above list of bids received is made available for information purposes only, requested in the form of a Public Records Request in accordance with Chapter 119, Florida Statutes. 2. The City of Sebastian has a pending review of the bids by the Procurement Division and end -user department to determine lowest, most responsive and responsible Bidder. 3. The City of Sebastian shall have no liability to any successful Bidder unless and until the City executes a contract with such Bidder. 4. If additional information is requested, Bidder(s) will be contacted and such notice will be provided. 5. Any and all notices will be posted on the City's website, DemandStar.com and VendorLink.com. If there are any questions or request for clarification regarding this list of bids received, please contact Ann -Marie Fraser, CPPB, MBA — Procurement/Contracts Manager at afraser citvofsebastian.ora. Thank you for your interest in doing business with the City of Sebastian. 63 of 409 5N HOME OF PELICAN ISLAND LANDSCAPE MAINTENANCE IN SEBASTIAN CRA DISTRICT ITB n2t-a2 I EMCrRaNIC819 FORM CRA DWMCT LANDSCAPE MAINTENANCE COMPANY NAME: SSS Brevard OPCO, LLC d/b/a Tropical Property Management COMPANY ADDRESS: 6300 1st St SW, Vero Beach, FL 32968 `CONTACT PERSON: Tim Vetde TITLE: Senior Branch Manager PHONE: 772-562-1800 EMAIL: office@tpmlandscape.com The awarded Contractor agrees to furnish all supervision. labor, materials and equipment- tools, transportation, supplies, traffic control and expertise necessary for providing services in a good, rrrm, substantial and workmanlike manner, in accordance with the specifications listed in Section 4 of the ITS Document. A. TURF AND LAWN MAINTENANCE Monthly Cast 1 $ 7,296.00 B. ORNAMENTAL AND SHURB MAINTENANCE I Monthly Cost $ 1,824.001. C. TREE MAINTENANCE Monthly Cost $ 912.130 D. PEST CONTROL Monthly Cost $ 1,575.00 I. MONTHLY TOTAL (A+B+C+D) 1$$11.607.00 E. FERTILIZATION Cost (no aoolication June 1st - September 30th) 11. MONTHLY TOTAL W/ FERTILIZATION APPLICATION (A+B+C+D+E) 1 $ 12,657.00 ANNUAL COST ((I x 12) + (11 x 8))1 $ 400.00 ]$ 147,684.00 S11,607 x 12=S13U84 - 51.050 x 8 = S8,400 o� Monthly Cost St 1.607 x 4 = S46.428 512.657 x 8 = 510 t 2 56 The aid Total shall remain in full force and effective for a period of sixty (601 days after the time bids are due. During this time, Bidder will not revoke or cancel this bid or withdraw from the competition. The Bidder further attests that the Bid Total herein proposed represents and includes the entirety of the work, fees, profit, overhead, general requirements, general conditions, etc., of the project per the ITB documents. The Bidder, if awarded, agrees to the following: - Contractor is responsible for submission of completed permit documents to City's Building Department. City will be responsible for all permit costs. Shall maintain a neat and orderlyjob site, clean up and consolidation for site storage is a must an a daily basis Contractor shall provide a one (1) y ar warranty rust defects on all workmanship and materials SIGNATURE: _ _ - —DATE: C f Page 1 of 1 64 of 409 REFERENCE LIST Bidder's Name 1TB #21-02 ARM - D CRA LANDSCAPE MAINTENACE List a minimum of three (3) client references that can speak to the Bidder's experience and performance, within the last five (5) years. References from public sector clients are preferred. The City will send Reference Check Surveys via entail to the references provided- If the contact information is incorrect or the reference does not respond, the Bidder will lose points awarded for this criterion. Company Name: 1_ Location (City, State):, L,�,/1 Jtj�j(b (3ecxGln , F L. i7a�ir Olgirt phone #: �'i2'�` Contact PersonlTltle: i Email Address: r n _ Oave.l3layr ®W�fldsor y,�da.�art► Dates of Service. u zoo 0 - CG UMgr* Services Provided: �A Tissues Experienced, if _ -t4 Jg- - none write NIA: ... Reference42 _.,.. _'. ....< Company Name: i .. _ ► fSil Ff Snr.ur�n.aS , .f G . - Location (City, State): II 1f&Rn Zfirc)F FCD4X4CA Contact PersonlTitle; -wci IQ. V ", Y Phone #: 1 t!rg( 77> rq qq -3 Email Address: uCtc "��177E Stae.0 �.to, . a3�x Dates of Service: for f 1 To Cu9tFaT Services Provided; Issues Experienced, if i none write NIA: Company Name: &azv A a,7 A -cam; Location (City, State):yjFO ; cf► F_+ yQ4 i Contact PersonMtle: 1 - V Piione #: _ I>r� �&-F�- rare Sys-o��a Email Address` LARr=rr *A'MA)(1P o ,as UtAjOe-A . I. -pm — Dates of Service: b S /pl/ ! I -m Gum Services Provided: L'"u" s Experienced, if write NIA: t vit.) x LA, osrt,ag Jcf: /r6Xr11.17rtsCaJ ,V A Failure to fully complete and submit this List may result in reiee lon of the submittal Page 21 of 26 eo,:ao 65 of 409 41YiF PROCUREMENT DIVISION 1225 Main Street, Sebastian, FL 32958 1 Office: (772) 388-8231 1 ofraserecityofSebastian .org L HOME OF PEi.icnh iSUNn - � REFERENCE CHECK SURVEY SUBMIT VIA EMAIL: REFERENCES CITYOFSEBASTIAN-ORG Contractor Being Surveyed Contractor INI SSS BREVARD OPCO LLC dba TROPICAL PROPERTY MANAGEMENT Person Completing the Survey Company Name: Windsor Properties Name, Dave Blair_ Date: 12/02/2020 Title_ Community Association Manager I Email Or Phone #: dave.blair@windsorflorida.com If you do not have sufficient knowledge of performance in a specific area, write NIA. 1. What services did the Contractor provide to your company? Lawn and Landscape maintenance Lawn and Shrub Fertilization and Pest Control Rate each criterion on a scale of 1-5, 5 beinq very satisfied and 1 beinq very unsatisfied. CRITERIA --- — -- — _ SCORE (14) E2. Contractor's Qualifications and Fee Structure 5 3. Customer Service and Response Time to Inquiries 15 4. Quality of Work Performed 5 Circle one option for each question. Provide details where necessary. 5. Were project(s) completed on time? YES NO 6. Were project(s) completed within budget? ES NO 7. Were there any problems encountered? If yes, describe in comments. YES Q 8. Would you recommend this Contractor? ES NO 9. How would you rate this Contractor overall? POOR AVERAGE 42D, 10. Comments 66 of 409 CmLf PROCUREMENT DIVISION ts'� 1225 Main Street, Sebastian, FL 32958 1 Office: (772) 388-8231 I afraserea cityofsebastian.org HOME Of PELICAN I5mLAN0 REFERENCE CHECK SURVEY SUBMIT VIA EMAIL: REFERENCES(a CITYOFSEBASTIAN.ORG Contractor Being Surveyed I Contractor Name: I SSS BREVARD OPCO LLC dba TROPICAL, PROPERTY MANAGEMENT Person Completing the Survey Company Name: Insite solutions, Inc. Name: Jodie Love Date: 12/02/2020 Title: Administration to Owner Email or Phone #:, 772-999-3494 If you do not have sufficient knowledge of performance in a specific area, write NIA. 1. What services did the Contractor provide to your company? Lawn and Landscape Maintenance Fertilization and Pest Control Rate each criterion on a scale of 1-5, 5 beinq very satisfied and 1 beinq very unsatisfied. CRITERIA SCORE (1-5) 2. Contractor's Qualifications and Fee Structure 5 3. Customer Service and Response Time to Inquiries 5 4. Quality of Work Performed 5 Circle one option for each question. Provide details where necessary. 5. Were project(s) completed on time? YES NO fi. Were project(s) completed within budget? ES NO 7. Were there any problems encountered? if yes, describe in comments. YES NO 8. Would you recommend this Contractor? ES NO 9. How would you rate this Contractor overall? POOR AVERAGE`( J 14- Comments We've gone through many companies with the various HOAs that we service and we have never received a a call from residents. We are happy with their services, they are effiecent. 67 of 409 � PROCUREMENT DIVISION L 1225 Main Street, Sebastian, FL 32958 J Office: (772) 388-8231 1 afraser cit ofsebastian.org _ HOME OFFEUCANISLAND REFERENCE CHECK SURVEY SUBMIT VIA EMAIL: REFERENCES(a'�CITYOFSEBASTIAN.ORG Contractor Being Surveyed _ _ Contractor Name: SSS BREVARD OPCO LLC dba TROPICAL PROPERTY MANAGEMENT Person Completing_ the Survey Company Name: OrcWd Island Golf & Beach Community Association Name: Larry Hoffman -- — 4 Date: 1210212020 Title: Property Manager Email or Phone #: 772-581-0310 If you do not have sufficient knowledge of performance in a specific area, write NIA. I. What services did the Contractor provide to your company? Lawn and Landscape Maintenance Lawn and Shrub Fertilization and Pest Control Rate each criterion on a scale of 1-6, 5 beinq very satisfied and 1 being very unsatisfied. CRITERIA -- - SCORE (1-6) 2. Contractor's Qualifications and Fee Structure 5 3. Customer Service and Response Time to Inquiries 5 4. Quality of Work Performed 5 Circle one option for each question. Provide details where necessary. S. Were project(s) completed on time? ES NO 6. Were project(s) completed within budget? ES NO 7. Were there any problems encountered? If yes, describe in comments. YES ED 8. Would you recommend this Contractor? ES NO 9. How would you rate this Contractor overall? POOR AVERAGE lZD11 10. Comments Extremely accommodating and a pleasure to work with. Company is stable, same employees working with them for years. Size of the company allows for them to complete big projects on time. CRA DISTRICT LANDSCAPE MAINTENANCE AGREEMENT ITB #21-02: Landscape Maintenance in Sebastian CRA District This Agreement is entered into by the parties this day of 1. Parties: City of Sebastian, a municipal corporation of the State of Florida, (City). and SSS Brevard OPCO LLC dba Tropical Property Management (Contractor). 2. Designated Contact Person as to City: Lisa Frazier (PROJECT MANAGER) Community Development Director 1225 Main Street Sebastian, Florida 32958 Phone: 772-388-8228 Email: Ifrazier@cityofsebastian.org , 2020. 3. Designated Contact Person as to Contractor: Tim Velde Senior Branch Manager 6300 15s St SW Vero Beach, FL 32968 Phone: 772-562-1800 Email: office@tpmlandscape.com 4. Agreement Document. In resolving conflicts, errors, discrepancies, and disputes concerning the scope of services or other rights or obligations of the parties, precedence shall be given in the following order (1) a fully executed Amendment to this Agreement, (2) provisions of this Agreement, (3) provisions of the Invitation to Bid, (4) provisions of Contractor's Bid Submission, (5) provisions of the Purchase Order, and (6) provisions contained in any governmental regulation incorporated herein by reference. There are no understandings or agreements except as herein expressly stated. 1. Exhibit "A" — Bid Form submitted by Contractor 2. Exhibit "B" — Contractor's Bid Submission 3. Exhibit "C" — ITB #21-02 Solicitation Documents, including any addenda, plans and specifications 5. Services. Contractor is to furnish all supervision, labor, materials, equipment, tools, transportation, supplies and expertise necessary for providing services. Components of the landscaping maintenance services include but are not limited to: turf, ornamental and shrub maintenance; tree maintenance, fertilization and pest control, in accordance with the specifications listed in Exhibit "C". 6. Term. The effective date will be on January 15, 2021 for a three (3) year term, with the option to renew for two (2) — one (1) year terms contingent upon Contractor's performance and budget availability. Proposed changes to fees shall be communicated, in writing, to the City 90 days prior to agreement expiration. The intent to extend the agreement will be by written notification to the Contractor by the Procurement Division 60 days prior to agreement expiration. NOTE: The City, at its sole discretion, reserves the right to exercise this renewal option. 7. Compensation. City shall pay Contractor for the completion of the work, in accordance with the Bid Form set forth on the attached Exhibit "A" in the annual cost of ONE HUNDRED SEVENTY-ONE SIX HUNDRED EIGHTY-FOUR DOLLARS AND ZERO CENTS ($171,684.00). Item quantities can be modified as determined by the City, unit prices shall be consistent with Bid Form - Exhibit "A". Completed work must be inspected and accepted by the City of Sebastian's designated Project Manager. NOTE: The City reserves the right to request additional information or documentation to detail items on payment request. City of Sebastian, Florida I SSS Brevard OPCO LLC dba Tropical Property Management ITB #21-02 Landscape Maintenance in Sebastian CRA District Page 1 of 10 69 of 409 B. COVID-19 Disclaimer. Due to the public health and safety concerns relating to the COVID-19 Virus, the Stakeholder may, in their sole discretion, unilaterally alter the Term or other terms of the Agreement(s) or purchase order(s) to ensure the safety and welfare of the Stakeholders residents and employees. No prior written notice shall be necessary to modify the Term pursuant to this paragraph. Unless otherwise explicitly stated, all other provisions of the Agreement or Purchase Order shall be binding upon the parties. 9. Notices. All notices between City and Contractor, as required under the Agreement, shall be by telephone, facsimile, e-mail, mail, or by personal delivery to the respective designated contact person identified above. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 10. Modification of Agreement. The Agreement may only be modified or amended upon mutual written agreement of City and Contractor. No oral agreements or representations shall be valid or binding upon City or Contractor. No alteration or modification of the Agreement terms, including substitution of product, shall be valid or binding against City. Contractor may not unilaterally modify the terms of the Agreement by affixing additional terms by incorporating such terms onto Contractor's documents forwarded by Contractor to City for payment. City's acceptance of product or processing of documentation on forms furnished by Contractor to City for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 11. Services Provided by Contractor. The Services to be provided by Contractor are summarized in Exhibit "C", attached to this Agreement. If City identifies any additional Services to be provided by Contractor that are not covered under the original Agreement, such additional services shall be made a part of this Agreement by a written Amendment. 12. City's Project Manager. City shall designate a Project Manager. All work done by the Contractor 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 Contractor, 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. 13. Materials, Services, and Facilities: It is understood that, except as otherwise specifically stated in the Agreement, Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the Services within the specified time. The City will provide Contractor with access to the Facilities so as to permit Contractor to meet its obligations herein. THIS PAGE INTENTIONALLY LEFT BLANK City of Sebastian, Florida 1 SSS Brevard OPCO LLC dba Tropical Property Management ITB #21-02 Landscape Maintenance in Sebastian CRA District Page 2 of 10 70 of 409 14. Insurance. During the term of the Agreement, Contractor, at its sole expense, shall provide 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 Contractor. Contractor shall provide City a certificate(s) of insurance, evidencing such coverage. It is the Contractor'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. 14.1 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 Contractor against any loss exposures, whether as a result of the Project or otherwise. The requirements contained herein, as well as City's review or acknowledgement, is not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under this Agreement. Comprehensive Liability Not less than $1,0e300,000 Combined Single Limit per each occurrence. Automobile Liability Not less than $500,000 Combined Single Limit In accordance with Florida Statutes 440, maintain worker's Worker's Compensation compensation insurance to the extent required by law for all their employees to be engaged in work under this Agreement. 142 Other Insurance Provisions: 14.2.1 City of Sebastian, its council members, officers, employees and agents are to be covered as an Additional Named Insured on all policies except Worker's Compensation. The coverage shall contain no special limitation on the scope of protection afforded to the City, its council members, officers, employees and agents. Contractor shall provide a Certificate of Insurance to City with a thirty (30) day notice of cancellation and/or changes in policy language, and ten (10) day notice if cancellation is for nonpayment of premium. The certificate shall indicate if coverage is provided under a "claims made" or "occurrence" form. 14.2.2 Contractor has sole responsibility for all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self -insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, self -insured retention, or coverage exclusion or limitation. For deductible or self -insured amounts that exceed $10,000, Contractor shall maintain a Commercial Surety Bond or Letter of Credit in an amount equal to said deductible or self -insured retention. 14.2.3 Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of Contractor's insurance and shall be non-contributory. 14.2.4 For all policies of insurance: Contractor and its insurance carrier waive all subrogation rights against City for all losses or damages that occur during the agreement and for any events occurring during the agreement period, whether the suit is brought during the agreement period or not. The City requires General Liability policies to be endorsed with CG 24 04 Waiver of Transfer of Rights of Recovery Against Others to Us or similar endorsement, and a WC 00 0313 Waiver of Our Right to Recover from Others for Workers Compensation coverage. City of Sebastian, Florida / SSS Brevard OPCO LLC dba Tropical Property Management ITB ##21-02 Landscape Maintenance in Sebastian CRA District Page 3 of 10 71 of 409 15. Change Orders. City may at any time, as the need arises, order changes within the scope of the services without invalidating the Agreement. If such changes result in an increase or decrease in the Bid Price(s), or in the time required for performance of the Services, an equitable adjustment shall be authorized by way of a Change Order. 16. Indemnification. The Contractor 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 Contractor, its family, associates, Contractors, agents, employees, customers and attendees. 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. The selected Proposer shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The selected Proposer expressly understands and agrees that any insurance protection required by this agreement or otherwise provided by the selected Proposer shall in no way limit the responsibility to indemnify, keep and save harmless, and defend the City or its officers, employees, agents, and instrumentalities as herein provided. 17. 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 Contractor only for those Services satisfactorily completed or partially completed up to the date of termination. Contractor shall not be entitled to compensation for loss of anticipated profit. 18. Licenses and Certifications. Contractor, or its sub-Contractor(s), shall possess and maintain during the term of this Agreement any and all licenses required to perform the Services covered under this Agreement, as stipulated by the State of Florida and The City of Sebastian. 19. Public Records: Contractor will keep and maintain public records required by the City to perform the service. Upon request from the City's custodian of public records, Contractor 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. Contractor 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 Contractor does not transfer the records to the City. Upon completion of the Agreement, Contractor will transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by City to perform the service. If Contractor transfers all public records to City upon completion of the Agreement, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the Agreement, Contractor 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 Contractor 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'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 SSS Brevard OPCO LLC dba Tropical Property Management ITB #21-02 Landscape Maintenance in Sebastian CRA District Page 4 of 10 72 of 409 20. Payment of Payment Requests: 20.1 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 requestlinvoice is recorded as received by City, for Services completed to the satisfaction of City. 20.2 Form of Request. If the payment request is not received in proper order, City may reject the payment request within ten (10) business days after the date on which the payment request is recorded as received by City. City shall provide Contractor with a written notification of the rejection specifying the deficiency and corrective measures necessary to make the payment request proper. Upon receipt of a payment request that corrects the deficiency, City shall make payment in accordance with Chapter 218, Part VII of the Florida Statutes "Local Government Prompt Payment Act", or reject the payment request, within ten (10) business days after the date on which the corrected and proper payment request is recorded as received by City. 20.3 Resolution of Payment Request Disputes. In the event of a dispute between Contractor and City concerning the full or partial payment of a payment request, such disagreement shall be finally determined by City. If the dispute between Contractor and City involves a portion of a payment request, the undisputed portion shall be paid by City in a timely manner, as long as the payment request for the undisputed portion is in proper order. Proceedings to resolve the dispute will be commenced within forty-five (45) business days after the date the payment request in dispute was recorded as being received by City. The proceedings may include meetings between the parties, telephone conferences or such other measures to clarify the dispute and attempt to resolve the problem; they will be concluded by a final written decision by City within sixty (60) business days after the date on which the payment request was recorded as being received by City. Such procedures do not constitute an administrative proceeding that prohibits a court from deciding de novo any action arising out of the dispute. 20.4 Payments to Subcontractors. When Contractor receives from City any payment for Services covered under the Agreement, Contractor must pay such moneys received to each subcontractor or supplier in proportion to the percentage of the Services completed by each subcontractor or supplier within ten (10) business days after Contractor's receipt of the payment. If Contractor receives less than full payment, then Contractor shall be required to disburse only the funds received on a pro rats basis to its subcontractors and suppliers, each receiving a prorated portion based on the amount due on the payment. If a subcontractor receives payment from Contractor for labor, services or materials furnished by subcontractors or suppliers hired by the subcontractor, the subcontractor must remit payment due to those subcontractors or suppliers within seven (7) business days after the subcontractor's receipt of payment from Contractor. THIS PAGE INTENTIONALLY LEFT BLANK City of Sebastian, Florida 1 SSS Brevard OPCO LLC dba Tropical Property Management ITB #21-02 Landscape Maintenance in Sebastian CRA District Page 5 of 10 73 of 409 21. Warranties: 21.1 Warranty of Ability to Perform. Contractor warrants that, to the best of its knowledge, there are no pending or threatened actions, proceedings, investigations, or any other legal or financial conditions, that would in any way prohibit, restrain, or diminish Contractor's ability to satisfy its obligations under the Agreement. 21.2 Warranty Against Defects in Workmanship. Contractor shall warrant its Services against defects in materials and workmanship for a minimum period of one (1) year from acceptance of the Services by City. Should any defects in materials or workmanship appear during the warranty period, Contractor shall replace the materials or equipment, or repair or re -do the service, immediately upon receipt of written notice from City, at no additional expense to City. Contractor shall warrant such replaced materials or equipment, or repaired or re -done Services, for a period of one (1) year after acceptance of such by City. 21.3 Warranty of Standard Care. In the performance of professional services, Contractor will use that degree of care and skill ordinarily exercised by other similar professionals in the field under similar conditions in similar localities. Contractor will use due care in performing its Services and will have due regard for acceptable professional standards and principles. Contractor's standard of care shall not be altered by the application, interpretation, or construction of any other provision of this Agreement. If any of the Services performed by Contractor do not comply with the foregoing warranties and City notifies Contractor of such, then Contractor shall (at its sole expense) promptly re -execute the nonconforming Services. All such re -performed Services shall be performed on a mutually agreed schedule. Contractor shall and does hereby assign to City the benefits of any of Contractor's sub consultant's or subcontractor's warranties. Such assignment shall not relieve Contractor of its warranty obligations for performance or standard of care to City under this Agreement. 21.4 Warranty of Title. Title to any work product furnished by Contractor under the Agreement shall pass to City to the extent of the payments made for such by City, or on the date that City accepts the completed Services of Contractor. When title passes to City in accordance with the Agreement, Contractor warrants that the work product furnished will be free and clear of all security interests, liens and encumbrances or claims of any party, 22. Additional Terms and Conditions (alphabetically listed): 22.1 Assignment. Neither City nor Contractor shall sell, assign or transfer any of its rights, duties or obligations under the Agreement without the prior written consent of the other Party. In the event of any assignment, Contractor remains secondarily liable for performance of the Agreement, unless City expressly waives such secondary liability. 22.2 Bankruptcy or Insolvency. Contractor shall promptly notify City in writing of the filing of any voluntary or involuntary petition for bankruptcy and/or of any insolvency of Contractor or any of its subcontractors who are involved in the provision of the Services under this Agreement. 22.3 Compliance with Laws. Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of Local, State and Federal agencies having jurisdiction and authority. These laws, shall include, but not be limited to. Chapter 287 of the Florida Statutes, the Uniform Commercial Code, the Immigration and Nationalization Act, the Americans with Disabilities Act, the United States Occupational Safety and Health Act, the United States Environmental Protection Agency, the State of Florida Department of Environmental Protection, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, sexual orientation, gender identity or expression or veteran's status. Violation of such laws shalt be grounds for termination of the Agreement. 22.4 Conflict of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner of degree with the performance of the Services covered under this Agreement. Furthermore, Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Contractor to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for Contractor any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor, and its subcontractors at any tier, certify that they have not entered into any agreement, sub - agreement, or arrangement in connection with the Project covered under this Agreement, or of any property included or planned to be included in the Project, in which any member, officer, of employee of Contractor or its subcontractors, during its tenure, or for two years thereafter, has any interest, direct or indirect. City of Sebastian, Florida / SSS Brevard OPCO LLC dba Tropical Property Management ITB #21-02 Landscape Maintenance in Sebastian CRA District Page 6 of 10 74 of 409 22.5 Correction of Services. Contractor shall promptly remove from the premises all Services rejected by City for failure to comply with the Agreement, whether incorporated into the Project or not, and Contractor shall promptly replace and re -execute the Services in accordance with the Agreement, without additional expense to City, and shall bear the expense of making good all Services of other Contractor's work destroyed or damaged by such removal or replacement. All removal and replacement of Services shall be done at Contractor's expense. If Contractor does not take action to remove such rejected Services within ten (10) calendar days after receipt of written notice from City, City may remove such Services on their own and store the materials at the expense of Contractor. 22.6 City Funds. If sufficient funding is not available for Contractor to complete the Services, City reserves the right to modify the terms and conditions of the Agreement to change the Scope of Services to reduce the cost to match any available funding. If such modifications to the Scope of Services are not feasible, or if funding has been totally exhausted prior to Contractor's completion of its Services, the Agreement shall be terminated on terms reasonably acceptable to both parties. Additionally, in accordance with Section 216.347, Florida Statutes, and as provided herein. Contractor may not expend any City funds for the purpose of lobbying the legislature, or local, state or federal agencies. 22.7 Debarment. Contractor certifies to the best of their knowledge and belief, that they and their principals 1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Municipal, City, State or Federal department or agency, 2) have not, within a three-year period preceding execution of this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or agreement under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records; making false statements; or receiving stolen property, 3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated above, 4) have not within a three-year period preceding execution of this Agreement had one or more public transactions (Federal, State or local) terminated for cause or default, and 5) will advise City immediately if their status changes and will provide an explanation for the change in status. 22.8 Discriminatory Vendor. Contractor certifies that they are not subject to Section 287.134 (2)(a) which specifies that an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid/bid on an agreement to provide any goods or services to a public entity, may not submit a Bid/Bid on an agreement with a public entity for the construction or repair of a public building or public work, may not be awarded or perform work as a Contractor, supplier, sub -Contractor, or consultant under an agreement with any public entity, and may not transact business with public entity. 22.9 Dispute Resolution. For any dispute concerning performance of the Agreement, which includes without limitation controversies based upon breach of agreement, mistake, misrepresentation, or other cause for agreement modification or rescission, City shall attempt to reach a mutual agreement as to the settlement and resolution of the dispute with Contractor. Should a mutual agreement not be reached, City shall render a decision and reduce such to writing and serve a copy on Contractor. The decision shall be final and conclusive. 22.10 Disposal of Wastes. Contractor shall handle any waste materials generated in the performance of the Services in full compliance with all laws, regulations, and requirements of all governmental authorities and those of City. Contractor shall use only disposal facilities which have proper permits and are in full compliance with all Laws. Contractor agrees that City has the right to reject, for any reason, Contractor's use of any particular disposal facility. All unusable materials and debris shall be disposed of in an appropriate manner. The use of a roll off is permitted. Upon final completion, the Contractor shall thoroughly clean up all areas where Work was done as mutually agreed upon with the Project Manager. Contractor shall at all times, during the performance of Services, keep the Worksite free and clear of all rubbish and debris. Any material or waste generated by Contractor or its employees, agents and Subcontractors shall be removed and disposed of by the Contractor at its expense, to the satisfaction of the City. In the event Contractor falls to remove all rubbish, debris, materials and waste from the Worksite, the City may employ labor and equipment necessary to clear the site and charge Contractor for the City's cost incurred cleaning the site. Contractor shall restore in an acceptable manner or replace all property, both public and private, which has been displaced or damaged by the Contractor during the execution of the work. Contractor shall leave the Worksite unobstructed and in a neat and presentable condition. The term "property" shall include, but is not limited to, roads, sidewalks, curbs, driveways, walls, fences, landscaping, awnings, utilities, footings and drainage structures. 22.11 Documentation. All tracings, plans, specifications, maps, computer files andlor reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived there from, will be considered works made for hire and will become the property of City upon expiration or termination of the Agreement without restriction or limitation on their use. Upon delivery to City of said document(s), City will become the custodian thereof in accordance with Chapter 119, Florida Statutes. Contractor will not copyright any material and products or patent any invention developed under this Agreement. Copies of these documents are not to be sold or distributed to third parties without the written consent of City. 22.12 Drug Free Workplace: Contractor certifies that it has in place a Drug -Free Workplace Program In accordance with the Drug -Free Workplace Act of 1988 (41 U.S.C. 702-706). Refer to Form F submitted with Bid. 22,13 Electronic Signature(s). Contractor, if and by offering an electronic signature in any form whatsoever, will accept and agree to be bound by said electronic signature to all terms and conditions of this Agreement. Further, a duplicate or copy of the Agreement that contains a duplicated or non -original signature will be treated the same as an original, signed copy of this original Agreement for all purposes. City of Sebastian, Florida ! SSS Brevard OPCO LLC dba Tropical Property Management ITB #21-02 Landscape Maintenance in Sebastian CPA District Page 7 of 10 75 of 409 22A4 Employees, Subcontractors and Agents. All Contractor employees, subcontractors, and agents performing any of the Services under the Agreement shall be properly trained to meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of certification or other proof of qualification. All employees, subcontractors, and agents of Contractor must comply with all security and administrative requirements of City. City may conduct, and Contractor shall cooperate in, a security background check or otherwise assess any employee, sub -Contractor, and agent of Contractor. City may refuse access to, or require replacement of, any of Contractor's employee, subcontractor and agent for cause, including, but not limited to, technical or training qualifications, quality of services, change in security status, or non-compliance with City's security or other requirements. Such refusal shall not relieve Contractor of its obligation to perform all Services in compliance with the Agreement. City may reject and bar from any facility for cause any of Contractor's employees, subcontractors, or agents. City shall have the right to review and approve any sub -Contractor used by Contractor. Contractor shall be fully responsible to City for the acts and omissions of its subcontractors, and persons directly or indirectly employed by them. It is Contractor's responsibility to ensure that their subcontractors are properly licensed to do business in the State of Florida and City of Sebastian, as required by law. All workmen must have sufficient knowledge, skill and experience to properly perform the work assigned to them. All workmen must have proper FDOT safety vest or safety shirts during any mowing, staging of MOT or clean-up operation. 22.15 Environmental Issues. All notifications regarding environmental issues or requirements shall be sent immediately to City's Contact Person. Unless directed otherwise by City, Contractor is not to contact any local, state or federal governmental agencies concerning environmental issues involving the Project Site. 22.16 Equal Employment Opportunity. Contractor shall not discriminate on the basis of race, color, sex, age, national origin, religion, and disability or handicap in accordance with the Provisions of: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000 et seg. , Title VII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et sec.), Florida Civil Rights Act of 1992 (§ 760.10 et seer .), Tide 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375, Title 49 CFR 23 and Title 49 CFR 26 for Disadvantaged Business Enterprises, Age Discrimination Act of 1975 (42 U.S.C. § 6101, et seg. , Title 49 CFR 21 and Title 49 CFR 23, Nondiscrimination on the basis of handicap, Title 49 CFR 27, Americans with Disabilities Act of 1990 (42 U.S.C. 12102, et. seg.), Federal Fair Labor Standards Act (29 U.S.C. § 2011, et sea.), and any other Federal and State discrimination statutes. Contractor shall furnish pertinent information regarding its employment policies and practices as well as those of their proposed subcontractors as the State of Florida Department of Transportation, the Secretary of Labor, or City may require. The above shall be required of any sub -Contractor hired by Contractor. All Equal Employment Opportunity requirements shall be included in all non-exempt sub -agreements entered into by Contractor. Sub -agreements entered into by Contractor shall also include all other applicable labor provisions. No sub -agreement shall be awarded to any non -complying sub -Contractor. Additionally, Contractor shall insert in its sub -agreements a clause requiring subcontractors to include these provisions in any lower tier sub - agreements that may in turn be made. Contractor shall comply with all state laws and local ordinances. 22.17 E-Verification System. Contractor shall comply with the Executive order No. 12989 as amended, and Executive Order No. 11-116, and agrees to utilize the U.S. Department of Homeland Security's E-Verify system, httosa/e- verifv.uscis.00vlemo, to verify the employment eligibility of: (1) all persons employed by Contractor during the agreement term to perform any duties within Florida, and; (2) all persons, including subcontractors, assigned by Contractor to perform work pursuant to this Agreement. Contractors meeting the terms and conditions of the E-Verify System are deemed to be in compliance with this provision. 22,18 Force Majeure Event. Neither party shall be considered to be in default in the performance of its obligations under this Agreement, except obligations to make payments with respect to amounts already accrued, to the extent that performance of any such obligations is prevented or delayed by any cause, existing or future, which is beyond the reasonable control, and not a result of the fault or negligence of, the affected party (a "Force Majeure Event"), If a party is prevented or delayed in the performance of any such obligations by a Force Majeure Event, such party shall immediately provide notice to the other party of the circumstances preventing or delaying performance and the expected duration thereof. Such notice shall be confirmed in writing as soon as reasonably possible. The party so affected by a Force Majeure Event shall endeavor, to the extent reasonable, to remove the obstacles which prevent performance and shall resume performance of its obligations as soon as reasonably practicable. A Force Majeure Event shall include, but not be limited to acts of civil or military authority (including courts or regulatory agencies), act of God (excluding normal or seasonal weather conditions), war, riot, or insurrection, inability to obtain required permits or licenses, hurricanes and severe floods. 22.19 Governing Law and Venue. The Agreement shall be governed in accordance with the laws of the State of Florida. In the event of litigation with respect to the obligation of the parties to the Agreement, the jurisdiction and venue of such action shall be an appropriate State Court in Indian River County, Florida. 22,20 Governmental Restrictions. If Contractor believes that any governmental restrictions have been imposed that require alteration of the materials used, the quality, workmanship or performance of the Services offered under the Agreement, Contractor shall immediately notify City in writing, indicating the specific restriction. City reserves the right and the complete discretion to accept any such alteration or to cancel the Agreement at no further expense to City. 22,21 Immigration and Nationality Act: Contractor shall comply with all immigration laws as outlined in 8 USC & 1324a - Unlawful emolovment of aliens. City will not intentionally award City agreements to any Contractor who knowingly employs unauthorized Alien workers. Any violation of the employment provisions outlined in the Immigration and Nationality Act throughout the term of any Agreement with City may result in immediate termination of the Agreement. City will consider the employment of unauthorized aliens a violation of Section 274A (e) of the Immigration and Nationality Act. Such violation will be cause for unilateral cancellation of the Agreement, by City, if Contractor knowingly employs unauthorized aliens. City of Sebastian, Florida 1 SSS Brevard OPCO LLC dba Tropical Property Management ITB #21-02 Landscape Maintenance in Sebastian CRA District Pa e 8 of 10 Y4 of 409 22.22 Inspection, Performance, Supervision. City reserves the right to inspect the Services provided by Contractor, whether partially or fully completed, at any time, as deemed appropriate by City for the purpose of ensuring Contractor's performance under the Agreement. Such inspections performed by City, shall not be construed as a final approval of Contractor's Service, and shall not relieve Contractor from its obligations under the Agreement. City reserves the right to inspect, at any reasonable time with prior notice, Contractor's facilities to assess conformity of the provision of the Services with the Agreement requirements. City reserves the right to investigate or inspect, at any time, whether the provision of the Services complies with the Agreement requirements. Contractor shall at all times during the Agreement term remain responsive and responsible. Contractor must be prepared, if requested by City, to present evidence of experience, ability, and financial standing, as well as a statement as to capacity of Contractor for the performance of the provision of the Services covered under the Agreement. This paragraph shall not mean or imply that it is obligatory upon City to make an investigation either before or after award of the Agreement, but should City elect to do so, Contractor is not relieved from fulfilling all Agreement requirements. Contractor shall supervise and direct the performance of its Services and shall be solely responsible for the means, methods, techniques, sequences, and safety of construction and operations. Contractor will employ and maintain at the Project Site a qualified supervisor or superintendent who shall have been designated in writing by Contractor as the Contractor's representative at the Project Site. The supervisor or superintendent shall have full authority to act on behalf of Contractor and all communications given to the supervisor or superintendent shall be as binding as if given directly to Contractor. The supervisor or superintendent shall be present on the Project Site at all times as required to perform adequate supervision and coordination of the Contractor's Services. 22,23 Lawful Claims and Demands. Should any outstanding claims by subcontractors or suppliers incurred in the performance of the Services materialize after City has made Payment to Contractor. Contractor will indemnify and save City harmless from such claims. Acceptance by Contractor of payment shall be and shall operate as a release to City of all claims and all liabilities to Contractor, other than claims in stated amounts as may be specifically excepted by Contractor for things done or furnished in connection with the provision of the Services, and for every act and neglect of City and others relating to or arising out of the provision of the Services covered under this Agreement. Any payment, whether final or otherwise, shall not release Contractor or his sureties from any obligations under the Agreement. 22.24 Lobbying. Contractor shall not, in connection with the Agreement, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any City officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any City officer or employee. For purposes of clause (2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, Services, employment, or agreements of any kind. 22.26 Non -Collusion. Contractor agrees that neither it, nor any of its officers, partners, agents or employees have entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of a free competitive solicitation in connection with this Agreement, and that Contractor intends to do the work with its own bona fide employees or subcontractors and has not provided a response for the benefit of another Contractor. Furthermore, Contractor certifies that its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to submitting a response on any public agreement. 22.26 Non -Funding Clause. In the event sufficient budgeted funds are not available or depleted, City shall notify Contractor of such occurrence and agreement shall terminate without penalty or expense to the City. 22.27 Non -Performance Clause. The Contractor recognizes that due to the nature of the services to be performed under this Agreement, it is essential that the Work be completed in a timely manner in accordance with the schedules approved by the City. Non-perfonnarnceldeficiencies as identified by the City to the Contractor shall be addressed 1. Verbally 2. Written Notice. If the deficiency has not been corrected to the satisfaction of the City within the time frame provided, the City may have the work performed by either its internal personnel or a third party and charge the cost against payments due the Contractor. Repeated deficiencies may result in the termination of this Agreement. 22.28 Permits. The Contractor shall apply for all required building permits from City of Sebastian and is responsible for any associated fees. 22.29 Project Site Conditions. Contractor shall be deemed to have examined Project Site(s), if applicable and to have secured full knowledge of all conditions under which the Services are to be executed and completed. 22.30 Protection of Persons. Contractor will be responsible for the safety of its employees and the employees of its subcontractors, during the provision of the Services. Contractor will be responsible for initiating, maintaining and supervising all safety programs in connection with the provision of the Services in accordance with applicable safety standards and regulations, as promulgated by the United States Occupational Safety and Health Act. Contractor shall report promptly to City any accident or unusual occurrence during performance of the Services, including personal injury or death to any Contractor employee, sub -Contractor employee of any member of the public, or any damage to any of City's property, the Project Site, or adjacent property. 22.31 Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, bid, or reply on an agreement to provide any goods or services to a public entity; may not submit a bid, bid, or reply on an agreement with a public entity for the construction or repair of a public building or public work; may not submit bids, bids, or replies on leases of real property to a public entity; may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under an agreement with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. City of Sebastian, Florida 1 SSS Brevard OPCO LLC dba Tropical Property Management ITB #21-02 Landscape Maintenance in Sebastian CRA District Page 9 of 10 77 of 409 22.32 Relationship. Contractor is an independent Contractor to City in the provision of the Services under this Agreement and is not an en ioyee, agent, joint -venture, or partner of City. 22.33 Remedies. if any event of default occurs, City shall have the right, at the option of City, to pursue all remedies available at law or equity, including the termination of this Agreement and all rights of Contractor hereunder. Notwithstanding City's termination of the Agreement, Contractor shall remain liable to City for all claims for damages, costs or attorney's fees arising prior to such termination. 22.34 Risk of Loss. Until the Services have been accepted by City, risk of loss or damage to any materials, equipment, supplies or work product, whether partially or fully completed, that are associated with the Services shall remain with Contractor. 22.35 Schedules, Reports and Records. Contractor shall submit to City cost schedules, progress schedules, estimates, records, reports, and any other data, as related to the provision of the Services covered under the Agreement. Furthermore, City reserves the right to inspect and audit Contractor's books and records relating to the Agreement, when deemed appropriate by City. All schedules, reports and records of Contractor, as they relate to the Agreement, shall be retained by Contractor for a period of three (3) years from the date of final payment under the Agreement. 22.36 Security and Confidentiality. Contractor shall comply fully with all security procedures of City in the performance of the Agreement. Contractor shall not divulge to third parties any information obtained by Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of the provision of the Services without the written consent of City. However, Contractor shall be permitted to release information to third parties if such information is publicly available through no fault of Contractor, information that Contractor developed independently without relying on City's information, or information that is otherwise obtainable under State and Federal law as a public record. To insure confidentiality, Contractor shall take appropriate measures as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Agreement. 22.37 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. 22.38 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. 22.39 Taxes. Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by Contractor in accordance with the laws and regulations of the State of Florida which are applicable to the provision of the Services under the Agreement. City will not pay for any personal property taxes levied on Contractor or for any taxes levied on Contractor's employees' wages. City is a political subdivision of the State of Florida and holds a State of Florida Sales Tax Exemption Certificate (No. 85-8012621778C-1). All purchases made by City directly from a dealer, distributor or manufacturer for materials, equipment or supplies ("direct purchase") instead of through the Contractor are exempt from sales, consumer, use and other similar taxes. 22.40 Waiver. The delay or failure by City to exercise of 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. 23. 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. GULFSTREAM BUILDING GROUP, INC BY: Scott Holmes PRESIDENT ATTEST (SEAL): Jeanette Williams, MMC CITY CLERK THE CITY OF SEBASTIAN, FLORIDA: BY: Paul E. Carlisle CITY MANAGER Approved as to form and legality for reliance by the City of Sebastian only: Manny Anon, Jr. CITY ATTORNEY City of Sebastian. Florida 1 SSS Brevard OPCO LLC dba Tropical Property Management ITB #21-02 Landscape Maintenance in Sebastian CRA District Page 10 of 10 78 of 409 in It SEBASTIANITB #21-02 HOME OF PELICAN ISLAND CRA LANDSCAPE MAINTENACE SECTION 4 - SPECIFICATIONS The awarded Contractor to perform landscape maintenance and other related work in the Sebastian Community Redevelopment Agency (CRA) District (refer to page 27 for CRA Map). Contractor is to furnish all supervision, labor, materials, equipment, tools, transportation, supplies and expertise necessary for providing services. The CRA District consists of an area bounded on the north, east, and south by the City limits and on the west by the FEC Railroad right-of-way. Components of the landscaping maintenance services include but are not limited to: turf, ornamental and shrub maintenance; tree maintenance, fertilization and pest control. Expectations of the Contractor ✓ Invoices shall be provided monthly and reflect all bid amount(s) and line item(s). Invoice Requirements will be provided at the time Notice to Proceed (NTP) is issued. ✓ Services shall only occur Monday — Friday, between 7:30 am and 5:00 pm; never on Sundays or City observed holidays; exceptions may be authorized by City's Project Manager in case of inclement weather ✓ Vehicles shall have company name and phone number ✓ Employees will be in uniform (company logo or information) at all times and present themselves in a professional manner ✓ Perform all duties with courtesy and safety of City's residents and visitors ✓ Use of proper, temporary Maintenance of Traffic (MOT) devices such as safety signs, notices, cones, flagmen or other warning devices in accordance with FDOT Index 600 standards ✓ Remove trash from street gutters before it gets washed into storm drains ✓ Establish a maintenance -free zone (do not mow, fertilize, or apply pesticides) of at least 10 feet between lawn or landscape and the water ✓ Follow City's Integrated Pest Management (IPM) Plan for Parks and Properties ✓ Provide listing of proposed chemicals to include commercial name, application rates, type of usage along with the Material Safety Data Sheet (MSDS) for approval of use prior to beginning the work ✓ Must notify City staff prior to any application of chemicals or fertilizer ✓ Consider recommendations from the Florida -Friendly Landscaping (FFL) Program from University of Florida's Institute of Food and Agricultural Sciences (UF/IFAS). ✓ Maintain licenses and certifications as listed in ITS minimum requirements ✓ Comply with all laws and regulations as required 4.1 TURF AND LAWN MAINTENANCE • St. Augustine Turf and Bahia grass will be mowed weekly from April 15, through October 31 s` • Lawns shall be mowed as needed November 1s; through March 315t • Mowing height will be done in accordance with proper landscape principals and recommended mowing height for all turf grasses • Ensure all clippings and debris are not blown into river or Stormwater structures • Turf will be mowed with mulching mowers in a pattern to direct clippings away from structures, river, shrub beds sidewalks and streets where possible • All clipping will be blown off hard surfaces and away from river with each mowing event. • Mowing will be completed in a systematic and timely fashion to maintain the appearance of landscape. • Edging will be done with edger to produce a nice crisp defined edge where required and no less than every other mow (river banks will be edged to waterline rock area). • Lawn clippings will be mulched or removed from the grass to avoid excessive grass clipping being left on turf. • String trimmers will be utilized in areas that conventional mowing is prohibited. Due care will be used to not scalp turf grass with string trimmers. Page 14 of 26 79 of 409 lm, HOME OF PELICAN ISLAND ITB 921-02 CRA LANDSCAPE MAINTENACE TURF AND LAWN MAINTENANCE (continued) • Parking lots and sidewalks will be blown free of debris weekly • Fallen branches, palm fronds and trash debris shall be picked up prior to mowing • Culvert ends and drain grates will be cleared of accumulated clippings, leaves and mulch as needed. They will be inspected biweekly. • Culvert ends and drain grates will be cleared two (2) days in advance of a named storm. • In the event of a festival or event in the park, Contractor will make a pre -festival inspection and/or treatment (Fire ants, additional trimming, cleanup or mowing if needed) in order to have the property in the best possible condition for the event. 4.2 ORNAMENTAL AND SHRUB MAINTENANCE • Shrub and flower beds will be maintained to ensure optimum appearance • Shrubs will be pruned as needed to maintain the health and proper appearance at least one time per month • Pruning of flowering shrubs will be avoided while flowering; unless needed to maintain standards • Diseased and dead wood will be removed as soon as practical • Shrubs will be trimmed leaving a one (1) foot minimum clearance between shrubs and structures • Shrub beds and paved areas will be kept free of broadleaf and grassy weeds — utilizing the City's IPM plan. Walkways, roadways, entry and parking areas will be cleaned of dirt and debris resulting from the performance of landscape maintenance. All debris will be removed the same day it is trimmed. • String trimmers will be utilized in areas that conventional mowing is prohibited. Due care will be used to not damage shrubs and roots with strong trimmers. 4.3 TREE MAINTENANCE • All Trees, including Palm Trees will be maintained • Dead fronds will be removed at least once per month • Seed pods will be removed where practical to maintain appearance • Pruning of dead and diseased branches will be done once every quarter • All debris will be removed the same day it is cut • String trimmers will be utilized in areas that conventional mowing is prohibited. Due care will be used to not damage shrubs and roots with strong trimmers. 4.4 PEST CONTROL • Refer to City's IPM Plan for popular pests within the area. • Fire Ant Control • Disease control for certain fungus such as brown patch • Weeds control in driveways, sidewalks, gutters, parking areas and boat ramps will be maintained per the City's IPM plan. Weeds in landscape beds will be performed one (1) time per month for weeds and invasive plants using City's IPM methods. • All methods shall be in accordance to the City's IPM for Parks and Properties and consideration of recommendation from OF/IFAS FFL Program. Page 15 of 26 E:MIXIM11 �!7 �, SEBASTIAN NOME OF PELICAN ISLAND ITB #21-02 CRA LANDSCAPE MAINTENACE 4.6 FERTILIZATION • Refer to City Ordinance Sec. 50-5. — Florida -friendly fertilizer use on urban landscapes https://library.municode.com/Fllsebastian/codes/code—of_ordinances?nodeld=PT[ICOOR—CH 50HESA_S50-5FLIEFEUSURLA • Liquid micronutrients and fertilizer to help stabilize color and growth • Fertilization will be applied monthly, excluding Summer months (June 1" — September 30"') • Granular Fertilizer will be applied in Spring and Fall • Adjust PH as necessary based on soil tests 4.6 OTHER • Annually replace plants in entryways or other areas designated by City's Project Manager. Replacement and planting will be done preferably in spring or fall, or as requested. This service is an additional cost which will be determined by a submitted estimate from Contractor based on the number of plants. + Provide estimates for additional services outside of the items listed above (i.e. removal and replacement of sod or mulch, etc., as requested by City's Project Manager. Price must be mutually agreed upon by both Parties prior to work commencing. 4.7 BID ALTERNATE: Landscape Maintenance of U.S. Hiahwav 1 {if awarded by the Citvl + Maintain the following in all medians within City limits on U.S. Highway 1 (US-1) o Mowing o Edging o Weed Eating o Trimming of Hedges and Trees o Prevention of weed growth in the pavers and concrete sections of the medians All work completed by the Contractor at any time during the course of the agreement shall be subject to inspection by the City. City shall have full power to accept or reject any part thereof. The Contractor shall remedy any defective or unsatisfactory work at no additional cost to the City. In the event Contractor fails to initiate corrections within forty-eight (48) hours after written notice, the City shall have full right to have same done and to bill the Contractor for cost. Page 16 of 26 81 of 409 CRCT SEBAS-TKV HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, NOVEMBER 18, 2020 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Administration of Oath to Newly Elected City Council Members Ed Dodd, Jim Hill Mayor Dodd called the meeting to order at 6:00 p.m. The City Clerk administered the Oath of Office to Council Members -Elect Ed Dodd and Jim Hill. 2. Mayor Dodd called for a moment of silence and asked everyone to think of those who are trying to get the country back together again. 3. Council Member Jones led the Pledge of Allegiance. 4. ROLL CALL Mayor Ed Dodd Vice Mayor Jim Hill Council Member Fred Jones Council Member Bob McPartlan Council Member Christopher Nunn Citv Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams City Engineer/Public Works Director Kenneth Griffin (via Zoom) Community Development Director/CRA Manager Lisa Frazier Senior Planner Robert Loring Environmental Planner Kimberly Haigler Police Lieutenant Tim Wood Police Lieutenant Constantine Savvidis 5. ELECTION MATTERS (Transmittal) Indian River County Commissioner Laura Moss congratulated the new Council and said she looked forward to working with them. 20.102 A. Readinq of Certificate of Canvassing Board Returns by the Citv Attornev The City Attorney read the November 3, 2020 Election results. (See attached) B. Call for Nominations for Mavor by Incumbent Mavor — Clerk calls roll if more than one nomination 82 of 409 Regular City Council Meeting November 18, 2020 Page 2 Vice Mayor Hill nominated Mr. Dodd to serve as the mayor for the year 2020 to 2021. Council Member Nunn seconded the nomination. There were no other nominations. Ed Dodd will serve as mayor for the upcoming year. C. Call for Nominations for Vice Mavor by Newly Appointed Mavor - Clerk calls roll if more than one nomination Mayor Dodd nominated Mr. Hill to serve as the vice mayor. Council Member Jones seconded the nomination. There were no other nominations. Jim Hill will serve as vice mayor for the upcoming year. 6. AGENDA MODIFICATIONS There were no objections to Vice Mayor Hill adding a Christmas Parade discussion under New Business, Item 13D, T 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. 20.121 A. Proclamation - Small Business Saturdav, November 28, 2020 - Joel Stout, Sandpiper Pest Control - Interim PresidenVCEO Sebastian River Area Chamber of Commerce Mayor Dodd read the proclamation and presented it to Mr. Stout and Sue Skirvin. 20.048 B. Certificate of Appreciation - Matthew Sims. Parks and Recreation Advisory Committee Service Mayor Dodd presented the certificate to Mr. Sims. Vice Mayor Hill thanked Mr. Sims for his service and said he looked forward to him coming back to the committee in the future. Brief Announcements A Public Engagement Open House on the Comprehensive Plan 2040 has been scheduled for December 2, 2020 in the Council Chambers. The Open House will include socially distanced topic tables; map displays; continuous power point presentations on screen; and staff ready to answer questions, provide information and solicit input on the Comprehensive Plan 2040. Please plan on attending one of the scheduled times at 11 am — 1 pm or at 5 pm — 7 pm on December 2nd in the City Council Chambers. Mayor Dodd announced the upcoming Comp Plan Open House and invited the public to attend. Council Member Nunn announced that Indian River County still had CARES Act assistance available for small businesses. 8. CONSENT AGENDA A. Approval of Minutes - September 28, 2020 CRA Budget Hearing & 2nd Budget Hearing - Special Meeting 83 of 409 Regular City Council Meeting November 18, 2020 Page 3 B. Approval of Minutes — October 14, 2020 Regular City Council Meeting 20.108 C. Resolution No. R-20-30 — Ratifying a Wage Adjustment and Amendment to the Coastal Florida Public Employees Association Bargaining Agreement (CFI'EA) (Transmittal, R-20-30, Amendment) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DULY RATIFYING A WAGE ADJUSTMENT EQUIVALENT TO 2% FOR ALL FULL-TIME AND PART-TIME HOURLY EMPLOYEES (EXCLUDING TEMPORARY AND SEASONAL EMPLOYEES) IN ACCORDANCE WITH ARTICLE 20.2 OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BARGAINING UNIT OF THE COASTAL FLORIDA PUBLIC EMPLOYEES ASSOCIATION (CFPEA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2021; AUTHORIZING THE CITY MANAGER TO NOTIFY ALL PARTIES OF THE CITY'S. RATIFICATION AND CAUSE SAID INCREASES TO BE PUT INTO EFFECT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTION IN CONFLICT HEREWITH; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. 20.050 D. Resolution R-20-31 - Amending the General Fund Fiscal Year 2019-2020 Annual Budget for the Unforeseen Costs of $41,604.00 for Conducting the Recall Election (Transmittal, R-20-31) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA APPROVING AN AMENDMENT TO THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2019 AND ENDING SEPTEMBER 30, 2020 FOR THE COSTS OF THE RECALL ELECTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 20,122 E. Approve City of Sebastian Police Department Special Events Road Closure Requests (Transmittal, Map) 20.123 F. Approve the Piggyback Purchase and Installation of Closed Captioning Video Streaming Equipment from Encore Broadcast Equipment Sales, Inc. in the Amount of $66,511.75 with the Annual Maintenance Cost of $6,420.00 (Transmittal, Quotes, Notice, Letter, Code Sec. 2-1 0(c) (2)) 20.124 G. Approve the Lease Agreement Between the City of Sebastian and Rigaud Accounting for Office Space at the Sebastian Municipal Airport Terminal Building (Transmittal, Agreement) 20.125 H. Approve the Purchase and Installation of a Replacement Rooftop Air Conditioning Unit (RTU#2) for City Hall from Trane U.S. Inc. in the Amount of $57,964.00 (Transmittal, Proposal) 20.126 L Approve the Purchase and Installation of Bi-Polar Ionization Cold Plasma Generators (CPGs) in the HVAC Units at City Hall and Police Department by Trane U.S. Inc. in the Amount of $42,540.00 (Transmittal, Proposal) 20.127 J. Approve the Annual Purchase of Sign Shop Materials in an Amount Not to Exceed $87,573.00 from Florida Transcor (Transmittal, Quote, Bid Tab) 0 • 1• Regular City Council Meeting November 18, 2020 Page 4 20.128 K. Approve the Purchase and Installation of a Thor Guard Integrated Lightning Prediction and Warning System at the Barber Street Sports Complex in the Amount of $21,660.00 (Transmittal, Quote, Letter, Specs) 20.129 L. Approve the Purchase of One (1) 2021 Ford F-250 from Alan Jay Fleet Sales in the Amount of $27,651.00 for the Leisure Services Department (Transmittal, Quote, Letter, Other Quotes) 20.038 M. Approve the Annual Expenditure for the Culvert Replacement/Swale Regrading Capital Project in Amount Not to Exceed $100,000.00 (Transmittal, Minutes, Proposal, Notice, Code Sec. 2-10) 20.130 N. Approve 2020/2021 Sebastian River Art Club Show Dates at Riverview Park (Transmittal, Letter, Application, Certificate) Mayor Dodd stated that he wanted to pull Item F. He asked if anyone would like the titles of Resolutions R-20-30 and R-20-31 read to which there was no request. MOTION by Council Member McPartlan and SECOND by Vice Mayor Hill to approve Consent Agenda Items A through N, less Item F. Roll call: Vice Mayor Hill - aye Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Motion carried. 5-0 Item F Mayor Dodd wanted the public to know that upon approval of Item F, closed captioning of the City's meetings would be available. MOTION by Mayor Dodd and SECOND by Council Member McPartlan to approve the purchase and installation of closed captioning video equipment for the broadcast of the City's meetings. Roll call: Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Hill - aye Motion carried. 5-0 9. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 20.048 A. Parks and Recreation Advisory Committee (Transmittal, Applications, Advertisement, List) i. Interview, Unless Waived, Submit Nominations for One Unexpired, Regular Member Position 85 of 409 Regular City Council Meeting November 18, 2020 Page 5 MOTION by Vice Mayor Hill and SECOND by Council Member McPartlan to nominate Mr. Danise for the unexpired, regular member position passed with a unanimous voice vote. 5-0 20.008 B. Citizens Budget Review Advisory Board (Transmittal, Application, Advertisement, List) i. Council Members Confirm Their Appointees Mayor Dodd explained that each member will appoint someone to the board and two at -large positions would be filled. Nominate Two — Additional Members — Terms to Expire November 2021 The City Clerk announced that Council Member Jones had taken Harry Hall as his appointee, leaving Ms. Cerda as a candidate for one of the at -large positions. MOTION by Vice Mayor Hill and SECOND by Council Member McPartlan to nominate Ms. Cerda for the at -large position passed with a unanimous voice vote. 5-0 Mayor Dodd announced Larry Napier would remain his appointee to the board. 20.049 C. Natural Resources Board (Transmittal, R-19-30, Plan) i. Presentation of the Sustainable Sebastian Five -Year Implementation Plan Environmental Planner Kimberly Haigler, Natural Resources Board Chairman Charles Stadelman, and Board Member Jeffrey Carrier introduced themselves and briefly went over the Sustainable Action Plan. She said with Council's supporand staff's guidance, they looked forward to championing the City's continued efforts towards sustainability. Vice Mayor Hill said they have done great work which makes Sebastian great. Fie thanked the staff and the board members. Mayor Dodd said he is very invested with this plan and it has been a pleasure to see the board grab it and go with it, to begin a process. He announced the plan was available for review on the City's website. 20.010 D. Stormwater Inteqrated Pest Management Plan Update (no backup) The City Engineer said the Integrated Pest Management Subcommittee has embarked on an aggressive schedule to develop a plan for the stormwater utility. He advised the committee is composed of: Nickie Munroe, IFAS Indian River County Extension Services Ruth Callaghan, Natural Resources Board Member Thomas Carrano, Natural Resources Board Member Jessica Lovell, Natural Resources Board Member Charles Stadelman, Natural Resources Board Chair Dr. Graham Cox, Advisor Brian Benton, Leisure Services Director Kim Haigler, Environmental Planner Regular City Council Meeting November 18, 2020 Page 6 He said the City's past stormwater maintenance efforts, as well as current activities were reviewed at the first meeting and member assignments were given to research biological control methods. Earlier in the week, members toured the key stormwater assets and reviewed the draft stormwater integrated pest management plan. They plan to meet again December 8th. Council Member Jones said he received some BOLOS regarding the Hardee Park area dated November 11 and asked if anything has been done prior to that date. The City Engineer said there is an ongoing problem in that area and they are planning to apply the WOW product. The City Manager reported that staff is trying to get a licensed applicator that can spray the restricted use pesticides and he has found a company that can take the silt and the vegetation away to use as fertilizer on farmland. He noted that before the moratorium, the cost to the City to maintain the canals and waterways was $60,000 annually. Vice Mayor Hill thanked the subcommittee for working hard on the integrated pest management plan. 20.103 E. Indian River Countv and Reaional Boards/Committee Assiqnments (Transmittal, List) There were no changes to the current member assignments. 20.104 F. Indian River Countv Commission Monthly Meetinq Monitorinq (Transmittal,2021 Schedule) Mayor Dodd said he would take January and asked the Clerk to follow their seating order on the dais for the following months. 10, PUBLIC HEARINGS (Quasi -Judicial and Legislative) A. QUASI-JUDICIAL HEARING 20.131 i. Resolution No. R-20-28 — Preliminary Plat for Cross Creek Lake Estates Addition Subdivision (Transmittal, R-20-28, Report, Minutes, Application, Plat, Ste) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS CROSS CREEK LAKES ESTATES ADDITION; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Resolution No. R-20-08 and Mayor Dodd opened the public hearing at 6A8 p.m. Council Member Nunn stated he has had communications with Planning and Zoning Commission members. The City Clerk swore in all of those who would provide testimony. 87 of 409 Regular City Council Meeting November 18, 2020 Page 7 Warren Dill, Attorney, representing the applicant, stated Dr. Fischer was requesting approval for a preliminary plat lot that will be amended to reduce the number of residential lots to 23 so that one lot will be converted to boat and RV storage. The project is on 25 acres, the main entrance will be off of Powerline Road, there is an emergency ingress/egress south of the existing gate and a second emergency access will be added on the southwest corner on Shakespeare Street. He requested to offset the excessive cul-de-sac length by adding an additional fire hydrant; and to forego the necessity to have street lighting by requiring each home to have a decorative yard lantern. He noted that staff and the Planning and Zoning Commission approved the plat; and, he requested approval of the Cross Creek Lakes Estates Addition. The Senior Planner stated the plat meets the minimum requirements for preliminary plat approval with the additional fire hydrant and individual yard lamps. He said staff recommended approval with the following three conditions: A secondary point of emergency ingress/egress will be constructed prior to the final certificate of completion of the subdivision. A tree, scrub jay and tortoise survey shall be updated and submitted prior to issuance of and land clearing permit. A final stormwater design will be re -submitted with the subdivision construction plans after review and approval by SJRWMD to include their agreement on the appropriate best management practices necessary to provide adequate pollutant abatement. In response to Mayor Dodd, the Senior Planner stated there wouldn't need to be any further enhancements to Shakespeare Street. Council Member McPartlan asked if the developer could put lighting in Shakespeare for emergencies. Mr. Dill said they hadn't plan on putting any lighting therE! and asked to defer until they hear the result of the Fire Department's review. Council Member Nunn said he was concerned the larger fire trucks would not fit on Shakespeare and the homeowners' association was upset that it was going to be a permanent secondary access point. Mayor Dodd said if the Fire Department turns down the plan, they would go back to the developer. The City Attorney advised the recommendations should be resolved by the time: they come to the final plat. Ali Qizilbash, project engineer, noted there were additional connecting streets for the fire trucks such as Periwinkle and Lanfair. There was no one to speak in favor or opposition to the preliminary plat. Vice Mayor Hill noted this was just an extension of an existing beautiful community. Regular City Council Meeting November 18, 2020 Page 8 MOTION by Vice Mayor Hill and SECOND by Council Member Jones to move approval of the Cross Creek Lake Estates Addition preliminary plat with staff's recommendations and the applicant's two variance requests. Mayor Dodd noted this was consistent with the original plat that was approved in 2004. Roll call: Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Hill - aye Council Member Jones - aye Motion carried. 5-0 Mayor Dodd called for a recess at 7:10 p.m. and reconvened the meeting at 7:20 p.m. All members were present. The City Attorney asked that pages 121 to 164 of the agenda backup be incorporated as part of record for the last item. B. LEGISLATIVE HEARING Mayor Dodd opened the public hearing at 7:21 p.m. and the City Attorney read the title to Resolution No. R-20-25. 20.003 i. Presentation by Corbett Aldav, Guardian Community Resource Management. CDBG Administrative Services Consultant Mr. Alday stated this will be the City's 2020-2021 Action Plan for the Community Block Grant to benefit low to medium income people. He displayed a PowerPoint presentation outlining the income limits and the authorized activities. He went over the City's plan to improve the sidewalks on North Central Avenue and improve two additional homes. There was no public input. 20.003 ii. Resolution No. R-20-25 — Community Development Block Grant (CDBGJ Annual Action Plan for FY2020/2021 Public Hearing (Transmittal, R-20-25, Plan. Public Notice, Detail, 5-Yr Plan, PPT) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT 2020/2021 ANNUAL ACTION PLAN, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND TRANSMIT ALL DOCUMENTS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. The Community Development Director stated they have chosen to roll the 2020-2021 dollars into the 2019-2020 dollars to have a bigger pot for the housing rehabilitation program and sidewalk extension/repair project. She requested approval. :• S N 1! Regular City Council Meeting November 18, 2020 Page 9 Mayor Dodd closed the public hearing at 7:26 p.m. MOTION by Vice Mayor Hill and SECOND by Council Member McPartlan to approve the CDBG Annual Action Plan for FY 2020/2021 passed unanimously with a voice vote. 5-0. 20.003 iii. Approve Guardian CRM, Inc. CSA #2 in the Amount of $24,148.00 for FY2020/2021 Grant Administration Services (Transmittal, CSA #2, Notice, Letters) Mayor Dodd noted this was for the administration services of the grant. MOTION by Council Member Jones and SECOND by Council Member McPartlan to approve CSA #2 to Guardian CRM. Roll call: Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Hill - aye Council Member Jones - aye Council Member McPartlan - aye Motion carried. 5-0 11. UNFINISHED BUSINESS 20.132 A. Discussion on Face Coverings Due to COVID-19 (Transmittal, R-20-08) 7:37 pm Mayor Dodd opened the discussion to the public. Andrea Ring said she was against the requirement of face coverings because it doesn't prevent one from catching the virus. Ruth Kulvesky, Founder of Indian River Freedom Coalition, said she was in favor of allowing the order to expire so employees, business owners, and the general public can decide their personal health freedoms for themselves. Bill Flynn said if the masks were so effective they wouldn't see the spikes in certain areas of the country. He asked for the freedom to make the choice and allow businesses to make their own decisions. Charles Stadelman, Sebastian, said there is no telling who is sick and restaurant workers do not have the choice to walk away from possible sick people. He does not accept passing the virus onto someone because they have an attitude. He recently spoke to a doctor who stated the covering is mostly to protect the other person. He said wearing a mask is a personal choice and for those that don't want to wear a mask, don't wear a mask, but some don't want to be infected. Thomas Giglio, Sebastian, said a lot of this is government overreach that is killing the middle class; who will eventually have to survive on social programs and then the government owns you. 90 of 409 Regular City Council Meeting November 18, 2020 Page W 7:45 pm 7:55 pm Vice Mayor Hill said the Governor signed Executive Order 20-244 and the most critical component of the order was section 4, essentially rendering any mask mandates irrelevant and he did not believe any municipality should have a law in place that cannot be enforced. He cited section one, paragraph one of the City's Resolution and said at a minimum that section should be eliminated. He was in favor of eliminating the entire resolution but he did believe the City Manager should have the right to mandate certain requirements if you are entering a place of business. He said it was incumbent upon the people to wear a face mask. MOTION by Vice Mayor Hill and SECOND by Council Member Nunn to rescind Resolution No. R-20-08. Council Member McPartlan said he was in favor of striking the first paragraph and letting businesses decide if they want to require a mask. He said it should be up to the individual, but highly recommended for individuals to wear masks. He noted if an employee gets infected, that employee is out for two weeks and must continue to get tested before returning. The City Manager stated the penalty section must be removed to follow the County's regulation. Council Member McPartlan said that he understands everyone's passion and fear but there is no reasoning on either side. Council Member Jones said he would favor striking paragraph one and the penalty section. He read Chief Justice Roberts' recent statement regarding the South Bay United Pentecostal Church v. Newsom case: "The precise question of when restrictions on particular social activities should be lifted during the pandemic is a dynamic and fact -intensive matter subject to reasonable disagreement. Our Constitution principally entrusts "the safety and the health of the people" to the politically accountable officials of the States "to guard and protect." When those officials "undertake to act in areas fraught with medical and scientific uncertainties," their latitude "must be especially broad." Where those broad limits are not exceeded, they should not be subject to second- guessing by an "unelected federal judiciary," which lacks the background, competence, and expertise to assess public health and is not accountable to the people [as we are]." Council Member Nunn said the City shouldn't be in the business of creating resolutions for the quality of life. He said every business owner should have the right to run their business as they see fit; adults should make decisions based what's best for them. Mayor Dodd said so everyone understands his position on this, his brother who didn't have preexisting conditions, died of COVID. When he thinks about the things they do for public safety, he should have the right to drive 50 mph on CR512 but he can't so it is a violation of his constitutional rights to have a lower speed limit. He said he didn't have an issue in not requiring businesses to have their employees wear masks because he just wouldn't go to those businesses anymore but the resolution iz a 91 of 409 Regular City Council Meeting November 18, 2020 Page 11 8:06 pm public safety issue. He asked why they want to protect City Hall employees but not the citizens. He was not in favor of rescinding the resolution. The City Manager said if the resolution would be rescinded, he could still require City employees to wear face masks. Vice Mayor Hill noted the emergency declaration gives the City Manager the authority to require face masks at City Hall. The City Attorney was asked to research if the City Manager could require the public entering City Hall to wear a face mask. The City Manager asked that paragraph two requiring masks in City Hall remain in place. AMENDED MOTION by Vice Mayor Hill to rescind section one, paragraph one from R- 20-08 and any discussion relative to enforcement. The City Manager said if someone wanted to come into City Hall but not fill out the COVID questionnaire, have their temperature taken, and wear a mask they would have to meet outside or in the lobby area outside the entrance into City Hall. Council Member Nunn rescinded his SECOND on the original motion. Council Member McPartlan SECONDED the AMENDED MOTION. Roll call: Vice Mayor Hill - aye Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Motion carried. 5-0 20.105 B. Aoorove the Decrease of Ferreira Construction's Contract Price and Recoqnize the Chance in Funding Allocation for the Fisherman's Landina Shoreline Protection and Parking Improvements Proiect (Transmittal. Chance Order, Letter of Aqreement) The City Manager said originally there was some anticipation that Fisherman's Landing was going to put money into project but that did not come to fruition therefore value engineering was completed to reduce labor costs to finish the project. MOTION by Council Member Jones and SECOND by Vice Mayor Hill to approve the decreased contract price with Ferreira Construction for Fisherman's Landing project. Roll call: Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Hill - aye Motion carried. 5-0 12. PUBLIC INPUT Grace Reed, Sebastian, thanked Council for their dunk tank expertise at the Celebrate Sebastian Event. She noted it was a beautiful event. 92 of 409 Regular City Council Meeting November 18, 2020 Page 12 Zoom Input Bill Simmons, Sebastian, congratulated Mayor Dodd and Vice Mayor Hill on their re- election to Council. 13. NEW BUSINESS 20.120 A, Approve CSAs #6-10 with Ranger Construction Industries for FY20121 Millina and Resurfacina in Amount Not to Exceed $115,318.60 (Transmittal. CSAs) The City Manager said these continuing service agreements were part of the six -year Pavement Master Plan and asked for approval. MOTION by Vice Mayor Hill and SECOND by Council Member Nunn to approve CSAs #6- 10 with Ranger Construction for milling and resurfacing. Roll call: Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Hill - aye Council Member Jones - aye Motion carried. 5-0 8:19 pm 20.010 B. Notification of Emergencv Purchase of Kubota Tractor from Florida Coast Equipment for Rapid Response to Stormwater Maintenance and Repair in the Amount of $28,338.00 (Transmittal. Certificate, Quote) The City Manager said he authorized this purchase under the Emergency Declaration to get into the smaller ditches to address flooding and clean out some of the canals. MOTION by Council Member Nunn and SECOND by Council Member Jones to approve the emergency purchase of the Kubota tractor. Roll call: Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Hill - aye Council Member Jones - aye Council Member McPartlan - aye Motion carried. 5-0 20.133 C. Review and Consider 2021 Citv Council Meetinq Dates (Transmittal, Calendar) MOTION by Vice Mayor Hill and SECOND by Council Member McPartlan to cancel the November 24 and December 22 meetings and hold meetings on November 17, 2021 and December 15, 2021 passed with a unanimous voice vote. 5-0 Added D. Christmas Parade Mayor Hill said he has had conversations with organizers who would like to see a Christmas Parade and asked for approval to have the parade on December 11 at 6 p.m. if he could get things worked out. 93 of 409 Regular City Council Meeting November 18, 2020 Page 13 MOTION by Mayor Dodd and SECOND by Council Member Nunn to authorize Vice Mayor Hill to coordinate the December 111h parade, authorize the City Manager to close the appropriate streets, and provide the support necessary passed with a unanimous voice vote. 5-0 14. CITY ATTORNEY MATTERS The City Attorney announced he was back from a brief absence. He asked Council to think about who they might want to appoint to the Charter Review Committee. He stated the meeting procedures resolution would be on the next agenda to see if they wanted to make any changes to their meeting format. He also said that he would like to present a Sunshine Law and Public Records PowerPoint to them at a future meeting. It was the consensus of Council to have the presentation prior to the next Council meeting. 15. CITY MANAGER MATTERS The City Manager announced that to date, the City has expended $551,143,26 of CARES Act funding and there is $373,178.74 remaining. The City has only received eight applications for the rent/housing assistance and asked to look at other avenues to expend the remaining funds before December 315t if the City does not receive any more rent/housing assistance applications. Council confirmed that he was granted the authority to look at other avenues. He reported there are two mini reefs installed at Crab E. Bills' dock so staff will watch to see how they evolve over the next year. The City Manager requested more applicants for the Septic to Sewer grants. Mayor Dodd suggested this might be the opportunity to put a time frame to require sewer hook-up or advise businesses how much they would be approved for to garner more interest. 16. CITY CLERK MATTERS - None 17. CITY COUNCIL MATTERS A. Council Member Jones asked if the public is allowed to use the smokehouse at Crab E. Bills Seafood. The City Manager advised it is not open for public use; it is part of the Fisherman's Landing and Crab E. Bills' lease. B. Council Member McPartlan wished everyone a Happy Thanksgiving. C. Council Member Nunn encouraged citizens to stop political fighting, start talking again and leave politics out of the conversation; remember why they live in this paradise. He said he understood what it took to get here and they can never forget what it took to get the City back but they can't continue to relive that over and over again. He called for unity in Sebastian to let the healing begin. He encouraged everyone to find some niceness and peace in their hearts. D. Council Member Hill thanked everyone for putting their trust in him; he will do his best to do what is right; and, wished everyone a Happy Thanksgiving, MISTU,1' Regular City Council Meeting November 18, 2020 Page 14 E. Council Member Dodd noted that he asked each of them to review the Florida League of Cities Policy for the upcoming legislative session. He stated some of the policies that the Florida League of Cities will be promoting is to take away some of the state's limitations on annexations, sales tax issues, and other things. He advised it was all about local government making local decisions, which was important. He said he was thankful for everyone that voted for him and that he too, will try to live up to the trust the people have placed in him. 18. Being no further business, Mayor Dodd adjourned the Regular City Council meeting at 8:41 p.m. 95 of 409 EECITYOF HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: December 9, 2020 Aqenda Item Title: Aguaculture, LLC Presentation and Resolution of Support Recommendation: City Council adopt Resolution R-20-33 Backaround: Aguaculture, LLC has identified agriculture interests in the region to partner with, has applied for a DEP Innovative Technology grant with FWC as a sponsor and is pursuing similar grants and funding opportunities; additionally the Army Corps of Engineers, FDACS and SFWMD have committed their resources to realizing this initiative and they are asking for support from our City. A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING AN INNOVATIVE PILOT PROJECT BY AGUACULTURE, LLC TO REMOVE INVASIVE AQUATIC VEGETATION AND UNCONSOLIDATED SLUDGE FROM LAKE OKEECHOBEE WHICH WILL REDUCE NUTRIENT POLLUTION THAT CONTRIBUTES TO HARMFUL ALGAL. BLOOM; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. If Aaenda Item Reaulres Expenditure of Funds: Budgeted Amount: N/A Total Cost: NIA Funds to Be Utilized for Appropriation: NIA Attachments: 1. Resolution R-20-33 Administrative Services Departme Review: City Attorney Review: _� G Procurement Division Rev' w, if applicable: City Manager Aut orization: Date: xILIA 96 of 409 RESOLUTION NO. R-20-33 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SUPPORTING AN INNOVATIVE PILOT PROJECT BY AGUACULTURE, LLC TO REMOVE INVASIVE AQUATIC VEGETATION AND UNCONSOLIDATED SLUDGE FROM LAKE OKEECHOBEE WINCH WILL REDUCE NUTRIENT POLLUTION THAT CONTRIBUTES TO HARMFUL ALGAL BLOOM; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the health of Lake Okeechobee is intricately connected to wellbeing of our state, its residents, wildlife, and our economy; additionally, nutrient loads in Lake Okeechobee and the downstream estuaries annually exceed allowable levels; and WHEREAS, legacy nutrients, and unconsolidated sludge contribute to harmful algal blooms and damaging release to the coastal estuaries; and WHEREAS, unless a concerted effort is made to remove nutrients from Lake Okeechobee, billions of dollars that have already been spent furthering efforts to restore the Florida Everglades and protect our estuaries will never be realized; additionally, this a scalable, versatile, cost effective solution that provides economic benefit with the potential to be utilized statewide; and WHEREAS, Aguaculture LLC will remove unconsolidated sludge, blue green algae, and invasive aquatic vegetation mechanically and create a soil amendment to grow crops which will then be harvested, permanently removing a minimum of 2,000 pounds of phosphorus daily; and WHEREAS, Aguaculture LLC has identified agriculture interest in the region to partner with, has applied for a DEP Innovative Technology Grant with the Fish and Wildlife Commission as a sponsor and is pursuing similar grants and funding opportunities; additionally, the Army Corps of Engineers, FDACS and SFWMD have committed their resources to realizing this initiative and they are asking for support from our City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, as follows: SECTION 1. 1, City Council of the City of Sebastian, Florida, recognizes that Lake Okeechobee is worth protecting for the benefit of all and nutrient reduction is a primary goal to protect our waters. 2. Removing legacy nutrients will help combat algal blooms. Solutions must be implemented that support the billions of dollars Floridians have invested in saving the Everglades and our estuaries. This project also shows promise for future use for waterbodies in Indian River County and specifically the City of Sebastian, Florida, due to its flexible nature. 97 of 409 3. Aguaculture, LLC has a scientifically vetted, closed -loop process that permanently removes or reduce nutrient pollution from our waters that contributes to harmful algal bloom.. 4. City Council determined it necessary to join our state and federal agencies in support of this innovative pilot project by Aguaculture, LLC to remove invasive aquatic vegetation and unconsolidated sludge from Lake Okeechobee. SECTION 2. RATIFICATION OF RECITALS. The foregoing recitals are hereby ratified and confirmed as true and correct and are hereby made a part of this resolution. SECTION 3. CONFLICT. All resolution or parts or parts of resolutions in conflict herewith are hereby repealed. SECTION 4. SCRIVENER'S ERROR. Sections of this resolution may be renumbered or rc- lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of City Council by filing a corrected copy of same with City Clerk. SECTION 5. SEVERABILITY. The provisions of this resolution are intended to be severable. If any part of this resolution is determined to be void or is declared illegal, invalid, or unconstitutional by a court of competent jurisdiction, the remainder of this resolution shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The resolution shall become effective upon adoption by City Council. The foregoing resolution was moved for adoption by Council Member . The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice Mayor Jim Hill Council Member Fred Jones Council Member Chris Nunn Council Member Bob McFartlan The Mayor there upon declared this resolution duly passed and adopted this 9`}' day of December, 2020. ATTEST: Jeanette Williams, MMC, City Clerk CITY OF SEBASTIAN, FLORIDA M. Mayor Ed Dodd Approved as to form and legality for reliance by the City of Sebastian only: Manny Anon, Jr., City Attorney 01YOF SEBASTtAV HOME of PEUCAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: December 9, 2020 Agenda Item Title: Notify and Request Ratification of Emergency "Piggyback" for Ground Application Services from Aquatic Vegetation Control, Inc. (SFWMD), using South Florida Water Management District Contract #4600004255, in an amount not to exceed $50,000. Recommendation: The Procurement Division, on behalf of the Stormwater Division, provides NOTIFICATION and requests RATIFICATION of Emergency "Piggyback" for Ground Application Services from Aquatic Vegetation Control, Inc., using South Florida Water Management District Contract #4600004255, in an amount not to exceed $50,000. Background: This emergency approval is in response to Council's directive, given at the Council Meeting held on November 18, 2020, to service Stormwater Conveyance Systems in order to return them back to a healthy and safe maintainable state; as a result of the moratorium placed in November 2019. In accordance to the City's Declaration of Local State of Emergency for COVID-19 (Executive Order 20-51), authority is given to the City Manager to "take whatever prudent actions are necessary to ensure the health, safety and welfare of the community." Invasive exotic and nuisance plants threaten the operation and maintenance of Central Florida projects; and the health and stability of the natural ecosystems of our waterways. Plant species with the highest potential for impacting infrastructure and natural areas are best controlled through an integrated management approach using chemical, biological and physical methods. Services provided will include applying herbicides to various types of aquatic, wetland and upland vegetation using ground application equipment and associated supported vehicles. Per the Terms and Conditions set forth in the Original Agreement and the "Piggyback" Agreement, the Contractor will be required to follow the City's IPM Plan for Stormwater Conveyance Systems which is currently being developed, provide a list of proposed chemicals and notify staff prior -to any application of chemicals. Work Orders will be issued by site with estimated expense. To comply with the directive to immediately Contract services to return our waterways to a maintainable state, "piggybacking" the above referenced contract was in the best interest of the City. Multiple SFWMD awarded Contractors were contacted to submit staff qualifications, equipment lists, and schedule availability. The Contractor selected to perform services for the City had immediate availability as well as has extensive experience in providing these services to surrounding public entities. The assigned Project Manager has over 30 years of experience in the field, including experience with St. Johns River. If Agenda Item Requires Exnenditure of Funds: Total Cost: not to exceed $50,000 Funds to Be Utilized for Appropriation: Stormwater Fund Attachments: 1. "Piggyback" Agreement — Executed........................................................................................... 2 2. "Piggyback" Notice......................................................................................................................4 3. Extraordinary Procurement Certificate for Emergency Purchase ............................................... 5 4. Rate Schedule — Negotiated and Awarded by SFWMD............................................................. 6 5. Contract Cover Page.................................................................................................................. 7 6. Documents submitted in Proposal to SFWMD a. References....................................................................................................................8 b. Project Management Strategy for Stormwater Treatment Areas ................................. 13 c. Corporate History / Key Personnel / Equipment List .................................................... 17 Administrative Services Departme Revie * �i A City Attorney Review: Procurement Division R view, 7-applicable. City Manager Authorization: Date: 1_71— % ��v2� 99 of 409 "PIGGYBACK" AGREEMENT Contract 4600004255 GROUND APPLICATION SERVICES South Florida Water Management District (SFWMD) This Agreement is entered into by the parties this 3rd da yof 17ECEMt3ER 1. Parties: City of Sebastian, a municipal corporation of the State of Florida, (City). and Aquatic Vegetation Control, Inc. (Contractor). 2. Contact Person for City. Kenneth Griffin Public Works Director 1225 Main Street Sebastian, Florida 32958 Phone: 772-228-7056 Erman: kgriffin@cityofsebastian.org 3. Contact Person for Contractor: , 2020. Todd J. Olson Vice President of Business Development 1860 W. 10"' Street Riviera Beach, FL 33404 Phone: 561-719-9488 Email: tolson@avcaquebe.com 4. "Piggyback". City of Sebastian Procurement Ordinance Section 2-10 (c)(2) allows for `piggybacking" of 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 Contractor has an active contract with South Florida Water Management District, identified as: Ground Application Services, referred to as the "Original Agreement" (Exhibit "A �. S. 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, on page 43 of Original Agreement — Rate Schedule. Rates listed are the hourly labor rates. The Contractor shall invoice for City IPM approved herbicides and adjuvants used at the standard industry rate. Proof of herbicide actual cast Is required to be submitted with invoicing. 7. Scope of Work. Refer to pages 21-24 of original Agreement — III. Scope of Work, for detailed SOW. S. Modification(s) 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 Contractor and the City, as follows: a. Section 5.1 — Notices: The Contractor 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. b. Section 6.1 -- Indemnification: The Contractor 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, of seq., Florida Statutes, or any other sovereign orgovemmental immunity." c. Section 6.2 - Insurance: Contractor shall provide a Certificate of Insurance naming the City as an "additional insured". 9. Addition(s) to Original Agreement. a. Follow City's Integrated Pest Management (IPM) Plan for Stormwater Conveyance Systems and , incorporating updates and comply with all laws and regulations required to perform services. b. Provide listing of proposed chemicals to include commercial name, application rates, type of usage along with the Material Safety Data Sheet (MSDS) for approval of use prior to beginning the work. c. Must notify City staff prior to any application of chemicals. d. All other provisions in the original contract are fully binding on the Parties and will represent the agreement between the City and Contractor. City of Sebastian, Florida 1 Aquatic Vegetation Control, Inc. "Piggyback" SFWMD - Contract 4600004255 Ground Application Services Page 1 of 2 100 of 409 10. Project Manager. Cw Phillip Patnode Stormwater Phone: 772-633-0916 Email: ppatnode@ctyofsebastian.org Contractor: J.D. 'James' Gillenwalters Project Manager Phone:561-261-4592 Email: jgillenwalters@svcaquatic.com 11. 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. 12. Severabilfty. 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. 13. 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. 14. 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. AQUATIC VEGETATION CONTROL, INC. BY: Todd J. Olson VICE PRESIDENT OF BUSINESS DEVELOPMENT ATTIEST (SEAL): Jm>° fie_ W."Lho � ��t4te Williams, MMC CLERK THE CITY OF SEBASTIAN BY: Paul . Ca rfi e CI MANAGER Approved as to form and legality for reliance by City of stian nly, Man Ari6n.13r., sq.' Gi ATTORNEY City of Sebastian, Florida / Aquatic Vegetation Control, Inc. "Piggyback" SFWMD - Contract 4600004255 Ground Application Services Page 2 of 2 101 of 409 MIX PROCUREMENT DIVISION tom_ __ r_00 1225 Main Street, Sebastian, FL 329581 Office: (772) 388-8231 j afraserCacityofsebastian.org ww oF ?EjjcAN NOTICE OF INTENT TO "PIGGYBACK" November 2, 2020 Todd J. Olson Aquatic Vegetation Control, Inc. 1860 W. 1 dh Street Riviera Beach, FL 33404 Email: tolaen.IL- ayce �ivatic.com SUBJECT: Intent to Piggyback Contract 4600004255 (South Florida Water Management District) GROUND APPLICATION SERVICES Mr. Olson: The City of Sebastian intends to piggyback the above referenced solicitation 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. Contract Term: October 1, 2020 — SeDtember 30. 2023 Renewal Options: Two (2) - one ( 1) vear renewals Please return this signed Notice by Thursday, December 3, 2020 via email to afraser@cltyofsebastian.org. Should you have any questions, please contact Ann -Marie Fraser, CPPB, MBA — Procurement/Contracts Manager, at (772) 388-6231 or afraser@cityofsebastan.org. We value your association with the City of Sebastian. Sincerely, Ann -Marie Fraser, CPPB, MBA Procurement/Contracts Manager Check one: Yes Aquatic Vegetation Control, Inc. WILL honor "piggyback" of Contract 4600004255 (South Florida Water Management District). No Aquatic Vegetation Control, Inc. WILL NOT honor 'piggyback" of Contract 4600004255 (South Florida Water Management District). r � / w 2 3 - Todd J. Olson, VI reside t of Business Development Date vjs�i FOR PROCUREMENT DIVISION USE ONLY Date Notice Returned: 12/03/2020 IFAPPLICABLE - C01 Expiration Date: 04/01/2021 102 of 409 CRYOF SE 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 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 Letterfrom vendor or manufacturer). Fully completed Certificates are subject to review and approval by the Procurement/Contracts Manager and City Manager. DATE: DECEMBER 2, 2020 TO: Ann -Marie Fraser, CPPB, MBA DEPARTMENT HEAD: KENNETH GRIFFIN / PHILLIP PATNODE DEPARTMENT: PUBLIC WORKS - STORMWATER DIVISION TYPE OF PURCHASE: ElEmergency Single Source Sole Source PROPOSED VENDOR: AQUATIC VEGETATION CONTROL, INC. ITEMS OR SERVICES "PIGGYBACK" SFWMD CONTRACT 4600004255 REQUIRED: GROUND APPLICATION SERVICES JUSTIFICATION FOR EXCEPTION TO NORMAL PROCUREMENT PROCEDURE: IN RESPONSE TO COUNCIL'S DIRECTIVE, GIVEN AT THE COUNCIL MEETING HELD ON 11118/2020, TO SERVICE STORMWATER CONVEYANCE SYSTEMS IN ORDER TO RETURN THEM BACK TO A HEALTHY AND SAFE MAINTAINABLE STATE; AS A RESULT OF THE MORATORIUM PLACED IN 11/2019. CITY MANAGER HAS AUTHORITY UNDER CITY'S DECLARATION OF LOCAL STATE OF EMERGENCY FOR COVID-19 TO CARRY OUT THIS EMERGENCY PURCHASE NECESSARY TO ENSURE THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY. ------------------CERTIFICATION OF AVAILABILITY/NECESSITY----------------- ---- I hereby certify that I have thoroughly reviewed the facts and circumstances ofthis requested purchase and that (1) the Department has an urgent need/emergency for the purchase of the goodsiservices and the emergency is such that a delaythrough 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) due to the City's standardization, warranty or other distinctive factors only one sourc- is available or (3) the supplier of the goods/services requested.is the sole source supplier. //Y JL Submitted: C, `J Date: t-2-1j ,3 (JZ� DepartnrI Hea gnature I r Approved: '49ego;,� Date: /a2 ^ ©a- oi0o'1a Ann- Fraser, CPPB, MBA Pro rement/Ca/ntr/acts Manager Approved: ! / Date: aul E. Carlisle, City Manager 103 of 409 �C)LjajiC y-je,4o4iDn EXHIBIT C RATE SCHEDULE Positions Licensed Supervisor Crew Leader/Applicator Laborer Coofrol , Inc . Loaded Hourly Labor Rate $68.50 $63.50 $30.00 Hourly staff rates shall include costs for: average pay rate, benefit costs, lodging and like expenses, insurance, database entry, fuel, equipment (transport trucks, airboats, boat, Swamp Buggy, ATV, Amphibious ATV or similar vehicles, spray and communication equipment, GPS, Communication equipment, smart device (upon implementation of AVATAR unless provided by the District), Back Packs, machetes, mixing and application equipment, spray bottles, and all other safety equipment), and all other components of the hourly rates. Both Supervisor and Crew Leader/Applicator rates include vehicles. All pricing of labor shall exclude sales and use taxes at both the State and Federal levels since the District is exempt from payment of such taxes. • The Contractor shall charge for used herbicides and adjuvants at cost. There will be a two (2) hour charge for lost time due to inclement weather which causes cancellation of a planned workday in the event the Contractor's crew travels to the work site prior the cancellation. On days when the Contractor has initiated work and performs for more than two (2) hours, the Contractor shall charge the District only for actual hours worked. No overtime is allowed. Billing for labor shall begin upon commencement of work (arrival at boat ramp or District gate). Travel time to the initial site shall not be billed. Premium Equipment Type: N/A Cost: N/A • Premium equipment rate does not include supervisor but rather substitutes a premium vehicle for standard vehicle for this additional cost. Page 1 of 1, Exhibit "C" to Contract No. 4600004255 104 of 409 -0 SOUTH FLORIDA WATER MANAGEMENT DISTRICT CONTRACT INE SOUTH FLORIDA WATER MANAGEMENT This number must appear on all Invoices and Correspondence DISTRICT (hereinafter referred to as DISTRICT) HEREBY ENTERS INTO THIS CONTRACT WITH: Contract 4600004255 Naine. Aquatic Vegetation Control, Inc. Address: 1960 W. 101 Street Riviera Beach, Fl, 33404 Project Manager: Mr. Salvador Medina Telephone No: (561) 845-5525 Email: tolsqn.Ca)avcaauatic.com Hereinafter referred to as: Contractor PROJECT TITLE: GROUND APPLICATION SERVICES PO 950000 SUBMIT INN7010ES TO THE DISTRICT AT; ajDhtyoicena,sfWmd. ' gov Include Utilization Reports with all invoices and a copy to SBEPra)sfwmd.gpv SBE PARTICIPATION: Contractor commits to meet Small Business Enterprise goals to be assigned to Work Orders during the course of the contract; goals shall not exceed 25%. The following Exhibits are attached hereto and made a part of this Contract: Exhibit "A" - General Terms and Conditions Exhibit "G" Unassigned Exhibit "B" - Statement of Work Exhibit "ll" Insurance Requirements Exhibit "C" - Rate Schedule Exhibit "I" Sample Work Order Exhibit "D" - Unassigned Exhibit 'T' Unassigned Exhibit "E" - SBE Participation Schedules Exhibit "K" Unassigned Exhibit"F" - SBE Utilization Report Forms Exhibit "L" Unassigned TOTAL CONTRACT AMOUNT $90.000,000.00 Multi -Year Funding (if Applicable) Fiscal Year: Oct. 1, 2020- Sept. 30, 2021 $18,00000,00* Fiscal Year: Oct. 1,2021 -Sept. 30,2022 $ 18,000,000,00* Fiscal Year: Oct, 1, 2022 - Sept. 30, 2023 $18,000,000,00* *,Subject to District Coverning Board Annual Budget Approval CONTRACT1FERN1. 3 Years RENEWAL OPTIONS: Two One -Year Renewal Options District Project Manager: Ellen Allen Telephone No: (561) 682-6130 Email: edonlan6Psfwmdkov SUBMIT NOTICES TO THF DI&I'RICTAT: South Florida Water Management District Procurement Bureau 3301 Gun Club Road West Palm Beach, Florida 33406 CONTRACT TYPE: Work Order Fiscal Year: Oct. 1, 2023 - Sept, 30 - 2024 $18.000,000.00* Fiscal Year: Oct. .1, 2024 - Sept, 30- 2025 $ I8,000,000,00* Fiscal Year. EFFECTIVE DATE: October 1, 2020 District Contract Specialist: Sharman Rose Telephone No: (561) 682-2167 E mail7 Lirg�&sA!gpd.,eov St 1111MIT NOTICES TO THE CONTRACTOR AT: Aquatic Vegetation Control, Inc. 1860 W. 1.0'h Street Riviera Beach., Fl, 33404 IN WITNESS WHEREOF, the authorized representative hereby executes this Contract on this date, and accepts all Terms and Conditions under which it is issued, AQUATIC VEGETATION CONTROL, INC. Accepted By Signat_u_re_or�hon7ed Representative Title: eQAA_-t— Date: (} � v, 2-c),?- 0 5-6-2016 SOUTH FLORIDA WAT ER MANAGEMENTOISTRICT BY ITS G NI N G Accepted By: revi, Bartlett Executive Director Date: Accepted By: Candida Heater, Director Administrative Services Division SW Date: teliet ei 2 -)20 SFWMD OFFICE Of COUNSEL APPROVED as TO 1,EGAI, FORM: By.Gr'jDate: 9/1512020 SFWMD PRnr.IJREA1EKT APPRO111Er)/3 By: Date: 09/14/2020 105 of 409 TAB B 1 CLIENT REFERENCE FORMS SOLICITATION NO.: RFP 6000001057 A. Prime Respondent Name: Aquatic Vegetation Control, Inc. Client #1- Name of firm to be contacted: Palm Beach County Environmental Resource Management Address: 2300 North Jog Road, 4th Floor West Palm Beach, FL 33411-2743 Contact Person: Brenda Hovde Phone Number (561) 233-2487 Project Performance Period: 12/99 to 09/21 Location of Project: Palm Beach County natural areas Approximate Fee for Services: Approximately $4,300,000.00 per year Brief Description of the services performed for this project: Aquatic Vegetation Control, Inc. was contracted by the County ERM to provide exotic vegetation treatment and removal services for their environmental lands program consisting of >30,000 acres. The sites range from spoil islands in the Lake Worth Lagoon to Yamato Scrub to large freshwater wetland/upland systems (Cypress Creek, Pond Cypress) to very large wetland/upland systems (Loxahatchee Slough). Target species included treating and removing guava, climbing fern, moon vine, Australian pine, bowstring hemp, melaleuca, Scaevola, mahoe, downy rose myrtle, and Brazilian pepper. Work includes both initial treatments and regular maintenance events. Treatment methods include foliar, low volume, boom -less broadcast and hack/squirt. There are currently eight, 10-person crews dedicated to this project. In addition to invasive plant control, AVC maintains fence lines around the properties with herbicide vegetation management. Page 68 of 74, RFP 6000001057 SFWMD RFP 1000001057 AQUATIC VEGETATION CONTROL, INC. PAGE 34/175 106 of 409 B. Prime Respondent Name: Aquatic Vegetation Control, Inc. Client #2- Name of firm to be contacted: Martin County Board of County Commissioners Address: 2401 SE Monterrey Rd. Stuart, FL 34996 Contact Person: Mike Yustin Phone Number (772) 341-0816 Project Performance Period: 07/12 to 07/21 Location of Project: Martin County Approximate Fee for Services: Approximately $400,000.00 per year Brief Description of the services performed for this project: Martin County Drainage, Wetland and Upland Maintenance 1. Environmentally Sensitive Lands Program: Invasive Plant Control and Native plant supply/installation. 2. Stormwater Treatment Area Maintenance: Invasive and Aquatic Plant Control. 3. Drainage: Aquatic Plant Control in lakes, ditches and canals. Aquatic Vegetation Control, Inc. was contracted by the County to provide drainage, wetland and upland maintenance throughout Martin County. The contract has three components; 1. Environmentally Sensitive Lands Program: Invasive Plant Control and Native plant supply/installation. Exotic vegetation treatment and removal services for their environmental lands program consisting of >1,600 acres. Target species included treating and removing guava, climbing fern, moon vine, Australian pine, bowstring hemp, melaleuca, Scaevola, mahoe, downy rose myrtle, climbing fern, and Brazilian pepper. Work includes both initial treatments and regular maintenance events. Treatment methods include foliar, low volume, boomless broadcast and hack/squirt. AVC provided and installed over 55,000 native wetland and upland plants at Kitching Creek restoration area. 2. Stormwater Treatment Area Maintenance: Invasive and Aquatic Plant Control. Manual invasive plant removal and selective low volume herbicide treatments to maintain the functions of an STA for water quality and water capacity. 3. Drainaae: Aquatic Plant Control in lakes, ditches and canals. Aquatic weed control to maintain drainage systems throughout the county. There are currently two, 4-person crews dedicated to this project and two applicators using trucks wl sprayers, ATV's w/ trailers, Argos w/ sprayers, skiffs w/ sprayers and airboats w/ sprayers. Page 69 of 74, RFP 6000001057 SFWMD RFP 1000001057 AQUATIC VEGETATION CONTROL, INC. PAGE 35/175 107 of 409 C. Prime Respondent Name: Aquatic Vegetation Control, Inc. Client #3 - Name of firm to be contacted: City of Port St. Lucie, Public Works Department Address: 450 SW Thornhill Drive Port St. Lucie, FL 34984 Contact Person: John Dunton Phone Number (772) 380-2375 Project Performance Period: 10/10 to 09/21 Location of Project: City of Port St. Lucie, FL Approximate Fee for Services: Approximately $1,428,000 per year Brief Description of the services performed for this project: Aquatic Vegetation Control, Inc. was contracted by the City to provide drainage, wetland and upland maintenance throughout the City of Port St. Lucie. The contract has seven components: 1. Stormwater Treatment Area Maintenance: Invasive and Aquatic Plant Control. Manual invasive plant removal and selective low volume herbicide treatments to maintain the functions of an STA for water quality and water capacity. (5 person crew) 2. Drainage: Aquatic Plant Control in lakes, ditches and canals. Aquatic weed control to maintain drainage systems and greenways throughout the county. (3 applicators) 3. Invasive Plant Control for Brazilian Pepper in the road easements for undeveloped lots. (5 person crew) 4. Invasive Plant Control in sensitive natural areas adjacent the St. Lucie River. Selective low volume herbicide treatments to restore native habitat. (5 person crew) 5. Right of Way mowing and maintenance. (3 person crew) 6. Swale maintenance to ensure proper drainage throughout the east half of the city. There are three crews edging, removing debris from the swale liners and performing minor repairs. AVC staff designed and built specific shovels to improve efficiency and ergonomics for the crews. (3 crews at 8 persons per crew)) 7. AVC implemented and maintains a Bio-Zyme bacteria generator at the 100 acre Peacock Lake. The lake had high phosphorus levels and experienced a blue-green algae bloom requiring an adjacent park to be closed. The Bio-Zyme reduced the phosphorus levels in the lake to sustainable levels. Some of the batches of Bio-Zyme are now being applied to other waterways to reduce tussocks, muck and nutrients. (1 applicator) There are currently 7 crews and 4 applicators using trucks w/ sprayers, ATV's w/ trailers, Argos w/ sprayers, skiffs w/ sprayers, airboats w/ sprayers, mowers, chainsaws and weed -eaters. Page 70 of 74, RFP 6000001057 SFWMD RFP 1000001057 AQUATIC VEGETATION CONTROL, INC. PAGE 36/175 108 of 409 D. Prime Respondent Name: Aquatic Vegetation Control, Inc. Client #4 - Name of firm to be contacted: Metric Engineering for the City of Weston Address: 13940 SW 136th St, Miami, FL 33186 Contact Person: Ryan St. George Phone Number (305) 235-5098 ext. 104 Project Performance Period: 04/08 to 03/21 Location of Project: City of Weston Approximate Fee for Services: Approximately $500,000 per year Brief Description of the services performed for this project: Aquatic Vegetation Control, Inc. was contracted by the City of Weston to provide exotic vegetation treatment and removal services for their 2,200 acres of mitigation areas. Target species included treating Old World climbing fern (Lygodium), Australian pine, Melaleuca, Primrose willow, Torpedograss, cattails, bishopwood and Brazilian pepper. We also provided selective control of invasive plants within the mitigation lake shelves within the urban areas of the city. In 2018 AVC was awarded a contract to maintain portions of the city waterways to control shoreline, floating, submerged plants and algae. We also pick up floating debris and report issues with the system to the city. Our applicators use UTV's, skiffs with sprayers to work in the city. There are large expanses of littoral zones that require selective herbicide application to controls Torpedo grass within the native vegetation. Metric Engineering provided the contract oversight and inspections on behalf of the City of Weston Page 71 of 74, RFP 6000001057 SFWMD RFP 1000001057 AQUATIC VEGETATION CONTROL, INC. PAGE 37/175 109 of 409 E. Prime Respondent Name: Aquatic Vegetation Control, Inc. Client #5 - Name of firm to be contacted: Stantec, Inc. Prime consultant for FDOT District Four Address: 901 Ponce de Leon Blvd., Suite 900 Coral Gables, FL 33134 Contact Person: Brook Wolfe Phone Number (305) 445-2900 Project Performance Period: 10/12 to 01/21 Location of Project: FDOT District Four which includes Indian River, St. Lucie, Martin, Palm Beach and Broward counties Approximate Fee for Services: Approximately $312,000 per year or approximately $1,250,000 total Brief Description of the services performed for this project: Aquatic Vegetation Control, Inc. (AVC) was subcontracted by Stantec to furnish all labor, equipment, and materials (including herbicides) necessary to treat exotic and nuisance vegetation in over 12 FDOT District Four mitigation areas. To date, the mitigation areas included the Sheridan Street boardwalk, Pond Apple Slough mitigation area and Mapp road created wetland. Target species included Brazilian pepper, Australian pine, lather leaf, melaleuca, mahoe, Sansevieria, lead tree, cattails, torpedo grass, air potato/yam, and primrose. Treatments were conducted from airboat, Argo amphibious vehicle, backpack, hand wicking, and hand removal. Application methods include low volume, foliar and hack/squirt. In addition to the mitigation maintenance, AVC provided mitigation planting services to restore over 25 acres of mangrove habitat and thirty acres of upland buffer. Page 71 of 74, RFP 6000001057 SFWMD RFP 1000001057 AQUATIC VEGETATION CONTROL, INC. PAGE 38/175 110 of 409 District feedback and is AVC's proposed model for providing continuing services for this solicitation. 4.3. Storm Water Treatment Areas As also described in the Project Approach, the effort to manage nuisance plants within Storm Water Treatment Areas is primarily concentrated in AVC's northern region under the direction of one Project Manager, Kevin Damaso. Multiple aquatic applicators and planting crews are also dedicated to this region. The STA Project Manager is responsible for coordinating all daily activities with District staff, aquatic applicators, native vegetation planting crews, and terrestrial invasive plant control crews. Aquatic applicators dedicated to STA aquatic plant management are Troy Gillett and Cooper Kendrick. To provide uninterrupted service due to employee vacation or extended sickness, alternate aquatic applicators are in place, Jennifer Roge, John Brown, Tony Castaneda and Kyle Rypma. As may be requested by the District, the collection and planting of native plants will be supervised by Orbelin Palacios and Marlene Salgado. When requested, the aquatic applicators or crews reassigned from AVC's Natural Area team are used to treat unwanted terrestrial vegetation along berms and ROWs. Road vehicles will be outfitted with a GPS tracking unit and each piece of application equipment will be outfitted with unit capable of collecting tracking and spray data. The STA Team is also supported by the Corporate Safety Officer, QC Manager, Sr. Scientist and logistical support team. This chain of command is illustrated in Section 5 and a description of key personnel and workload allocation is provided in Section 7. SBE participation is achieved by Applicators Network supplying chemicals and possibly by Eco Crew supplying labor needed for harvesting and planting. Each aquatic applicator possesses a FDACS Aquatic category and is outfitted with reliable application equipment, smart phone communication, wind meter, DO meter, and GPS navigation necessary to perform all control operations following specifications outlined in the RFP solicitation and this proposal response. All treatment work is conducted in strict accordance with all Federal, state, and local regulations governing the application, transportation, storage, use, and disposal of products used under this contract (including strict adherence to Florida's OrganoAuxin Rule). Target species are known to include water lettuce, water hyacinth, hydrilla, torpedo grass, cattails, Carolina willow, and primrose willow. In addition to these regulations, AVC understands that Success Criteria are the maintenance of un-wanted vegetation at the lowest possible level to allow the growth of desirable aquatic vegetation, to facilitate nutrient removal objectives, to avoid overspray to prevent berm erosion, and to prevent or minimize public complaints and potential health hazards. These criteria are at the District's discretion and AVC will demonstrate flexibility and forethought in addressing changes in strategy. SFWMD RFP 1000001057 AQUATIC VEGETATION CONTROL, INC. PAGE 821175 111 of 409 Upon execution of each WO and after obtaining the Project Initiation Form, DPRs, and other documentation, the Work Plan starts with a pre -work meeting with District staff attended by the Project Manager and/or lead applicator. The purpose is to determine work scope and objective, re -affirm administrative procedures, NPDES concerns, safety and accident plans, reporting and correspondence requirements, and other District instructions. The initiation of a systematic treatment for all target species within each identified cell is the next step in the Work Plan, with each application adhering to procedures detailed in this proposal response. It is understood that multiple STAs and cells will be undergoing simultaneous control efforts daily as part of normal operations. Treatment of terrestrial vegetation and the collection and planting of native plants may also be underway simultaneously. AVC understands that it is our responsibility to systematically treat 100% of target plants within the indicated areas and that it is our responsibility to re -treat if it is determined that success criteria have not been satisfied. The typical work day for each aquatic applicator and planting crew is 10 hours and defined as leaving the on -site staging area at 7:00 am and arriving back at the staging area at 5.30 pm. A 30 minute lunch break and two 15 minute breaks are provided during this period. Each aquatic applicator works Monday through Thursday. The four day work week allows effective time lost to weather delays or holidays to be compensated for on Friday. The 10 hour work day allows for more effective time per trip to the work area. The work week for the remainder of AVC administration, management, and staff is five days per week, Monday through Friday. The application of aquatic herbicides is performed by trailering airboats to designated STA cells and applying herbicides directly to target exotic and nuisance species. The fundamental crew consists of one certified applicator with a current, valid FDACS Aquatic license per boat. Each applicator is trained in the proper use of all personal protective gear and will use such gear in accordance with product labeling and in accordance with AVC and District Safety Standards. Due to the remoteness of most STAs, typically (and as the work load allows) two airboats conduct application operations in proximity to one another in order to provide assistance as needed. Each boat is supplied with proper documentation, a limited quantity of herbicides (to minimize the effects in the event of an accident), application equipment, DO meter, wind meter, compass, GPS unit, communications, maps, safety equipment, spare parts, tools, fire extinguishers and other Coast Guard required items. Proper documentation includes SDS sheets, emergency responder contact list, copy of control permit, and vessel documentation. However, outfitting (spray gun, drag hoses, pellet spreader, etc.) varies depending on the target species, site conditions, and herbicides to be applied. A detailed description of AVC airboats is provided in Tab B Section 12 of this response. Target vegetation is treated uniquely depending on the species, age class, and size of infestation by the following methods. As previously stated, in each of the following methods DO degradation and non -target mortality are tightly controlled by a strict adherence to label restrictions (wind speed, concentrations, rates, water use, etc.), SFWMD RFP 1000001057 AQUATIC VEGETATION CONTROL, INC. PAGE 83/175 112 of 409 adherence to the District's Risk Management Standards, and the experience of our applicators in regards to target species identification and overspray avoidance. Floating Aquatic Vegetation: Floating vegetation, primarily water lettuce and water hyacinth is spot treated from airboat (with one -person crew) using either the herbicide Reward or 2, 4-D at the District's discretion. However, in pure monocultures of water hyacinth the herbicide 2, 4-D is recommended for use instead of Reward in order to reduce chemical costs. Based on experience, more than one treatment of dense floating stands may be necessary to achieve 95%. Floating, rooted plants such as invasive floating hearts may be treated by Clipper or ProcellaCOR. Submerged Aquatic Vegetation: Submerged vegetation, primarily Hydrilla is treated from airboat either by dragging hoses, injection, or spreading granular herbicides with gas -powered seeders. Hydrilla control may be obtained using several herbicides, including endothall (Aquathol Super K or Hydrothol 191), fluridone (Sonar), Clipper, diquat (Reward), or ProcellaCOR. Emergent Aquatic Vegetation: Native nuisance and exotic species such as cattails, alligator weed, torpedo grass, floating hearts, rotala, Carolina willow, and primrose willow are also targeted within the same work areas. Treatment of these species consists of spot foliar spraying glyphosate, Clearcast, Imazapyr, or triclopyr. Levee Woody and Priority Vegetation: Nuisance woody and priority invasive plants, such as primrose willow, Carolina willow, Brazilian pepper, acacia, Australian pine, and lead tree are controlled by the foliar application of triclopyr carried in water and adjuvants or by basal treatment using 15% triclopyr carried in oil. As work progresses, AVC's Project Manager or lead applicator is in daily communication with District staff and weekly meetings are held between the Project and/or lead applicator and District staff in order to review the previous week's work and plan for the upcoming week as much as possible. This level of communication is a critical component of a successful maintenance program due to the dynamic nature of plant management within the STAB. Sudden changes in weather, water quality needs, and water flow pattern adjustments dictate vegetation control schedules and change as normal should be anticipated. Regular inspections are conducted by the Project Manager, Sr. Scientist, Safety Officer, or QC Manager during each work order to ensure quality work is being conducted safely. SFWMD RFP 1000001057 AQUATIC VEGETATION CONTROL, INC. PAGE 84/175 113 of 409 Upon request, the collection and planting of native vegetation, including: SAV, bulrush, alligator flag, and cattails will be conducted using 8-10 person planting crews lead by one experienced Crew Supervisor. The crews will be transported by airboat to collection sites, typically within the STA in which plants are to be installed. Collected plant material will be shuttled from the collection site to the nearest berm for transportation by truck to staging area along the berm of the cell to be planted. Once all the required material is collected (or enough material for the day), the crews will be re -located to the planting cell and transported to the actual planting area by airboat. Crews will then install plant material in straight lines or other patterns at the direction of District staff. This work pattern will be repeated until the planting area has been re -vegetated to District specifications. Deliverables for each STA Work Order are treated vegetation at control levels and quantities acceptable to the District, AVATAR/daily progress reports, GPS tracking and spray data, Weeddar and other data entry as requested, and accurate billing. Lastly, a final inspection for each completed WO is conducted no sooner than three weeks after treatment completion to determine if mortality of all target species has met success criteria and non -target losses are within acceptable levels (as specified prior to treatment). Deliverables for this task is the confirmation of a successful treatment effort. The Work Plan for STAs as described above has been followed successfully to collect/install plants and to treat unwanted plants within most cells of STAs 1 East and 1 West, as well as PASTA test cells. In addition, AVC has conducted aquatic applications in STAs 2, 3-4, and 5-6. The Plan is continually modified based on District feedback and is AVC's proposed model for providing continuing services for this solicitation. SFWMD RFP 1000001057 AQUATIC VEGETATION CONTROL, INC. PAGE 85/175 114 of 409 Section 6. Corporate Qualifications and Experience Aquatic Veaetation Control, Inc. The Prime team member, AVC, is a Florida corporation founded in 1986 primarily as an aquatic and roadside vegetation management company. The company was based on three fundamental principles: quality, value, and responsible stewardship. Since its incorporation thirty four years ago, AVC's scope of services has expanded to include invasive plant management in natural areas, forestry infrastructure and ROW applications, geographically expanded transportation application services, utility and industrial applications, native plant installation, wetland creation and maintenance, weed science research, stormwater treatment area vegetation management, and bacterial augmentation for sediment and nutrient management. From AVC's family owned start in 1986 with 4 employees the company has grown to currently employ 117 full time employees and 160-180 contract workers per day operating out of five facilities in Florida. In order to perpetuate its strong sense of unity, AVC adopted an Employee Stock Ownership Plan trust in 2008 whereby the company is now 40% employee owned, representing the majority stock ownership. With the Corporate headquarters being located in Riviera Beach since 1990, many current projects, including the District and Palm Beach County ERM ground application, are managed and logistically supported directly from this well -established facility. In addition to this home facility, there are four other warehouse offices located within the District's boundaries. Aquatic and terrestrial vegetation management experience specific to that sought by the District's solicitation includes AVC providing all administration, management, field supervision, labor, equipment, and materials needed to treat: (1) invasive upland and aquatic plants for the South Florida Water Management District through five consecutive contracts since 1998; (2) invasive upland plants for Martin County ESLP through uninterrupted contracts since 2002; (3) invasive upland and aquatic plants for Florida Department of Environmental Protection and Florida Fish and Wildlife Conservation Commission through uninterrupted contracts since 1999; (4) invasive aquatic and upland plants for the City of Port St. Lucie through uninterrupted contracts since 1986; and (5) invasive upland plants for Palm Beach County ERM through uninterrupted contracts since 2000. In addition to the references presented here, the cumulative area of Florida's waterways and natural lands treated though AVC's thirty four years of experience has not been officially calculated, but stretches from Key West Naval Air Station to the Pensacola area's Gulf Shores Wildlife Refuge and is in excess of one million acres. To this day, AVC's fundamental principles of quality work and positive client relations, value added services for all clients, and the responsible care of aquatic and terrestrial systems under our stewardship remain the driving influences that allow AVC to be considered a leader in providing vegetation management solutions throughout the Southeast U.S. In addition to these core values, the company is also committed to SFWMD RFP 1000001057 AQUATIC VEGETATION CONTROL, INC. PAGE 911175 115 of 409 increasing the quality of the communities in which we conduct business. This is accomplished through involvement in many professional organizations as well as providing volunteer support for community and environmental events. A summary of AVC's commitment to communities in and around The District's boundary is provided as Attachment 9. In light of the District's interest in innovations for the advancement of invasive plant management, AVC has devoted resources to research and develop since the 1990's, including operating a Weed Science Research Station located in Martin County from 2007 to 2019. To perpetuate AVC's strong commitment to the scientific advancement of invasive plant management Elroy Timmer, Senior Scientist, and other AVC personnel have conducted numerous field trials and experiments at approved locations throughout Florida for public agencies and private herbicide manufacturers, including the District. This thirty plus year devotion to research and develop continues to date through several field trials and operational evaluations underway. Range of Services Since establishment in 1986, AVC has broadened its scope of services to include: Aquatic Vegetation Control - golf course and private community waterways - utility and road right-of-ways - drainage system networks - public lakes and waterways - stormwater treatment areas (STAs) Exotic Invasive Vegetation Control - public natural areas - utility and road right-of-ways - stormwater treatment areas (STAs) - private urban preserves - military installations Ecosystem Restoration and Mitigation - management and monitoring plan preparation and implementation - wetland creation/upland enhancement - native plant installation - invasive plant maintenance Ecological Resource Assessment - vegetation resource mapping - threatened or endangered species surveys - critical habitat analysis - aquatic macro invertebrate studies - fisheries investigations SFWMD RFP 1000001057 AQUATIC VEGETATION CONTROL, INC. PAGE 921175 116 of 409 • Nuisance Terrestrial Vegetation Control - DOT right-of-ways - utility right-of-ways and facilities - plant growth regulators • Surface Water and Groundwater Quality Studies • Whole Lake Management - professional consultation - turbidity control - biological control - aeration systems and fountains • Integrated Pest Management - mechanical removal of nuisance vegetation - bacterial and enzymatic nutrient removal - grass carp introductions SFWMD RFP 1000001057 AQUATIC VEGETATION CONTROL, INC. PAGE 93/175 117 of 409 Applicators Network. LLC SBE #0000118168. Applicators Network, LLC (AppNet) is a Florida based group that sells herbicides, adjuvants, and algaecides directly to professionals in the lake, wetland and vegetation management industry. AppNet was founded in 2008 for the purpose of providing a reliable source and full complement of aquatic and terrestrial herbicides along with effective spray adjuvants. AppNet is a SFWMD Small Business Enterprise and services all counties comprising the District that has been supplying chemicals to AVC since 2009. Eco Crew. LLC SBE #0000121648. Eco Crew, LLC is a minority owned temporary labor leasing company located in Greenacres Florida since 2015. The primary service is providing skilled temporary labor to manufacturing, construction, horticulture, and landscaping industries. Eco Crew has employee leasing offices in Broward and Palm Beach Counties and has been supplying temporary labor to AVC since 2017. SFWMD RFP 1000001057 AQUATIC VEGETATION CONTROL, INC. PAGE 94/175 118 of 409 Tab B. Responsibility Documentation Section 1. Key Personnel FDACS License Documentation AVC's project teams, either aquatic or terrestrial, are individually selected to best support the District by providing a competent staff of professionals capable of providing innovative, cost effective management and reporting programs while functioning as an extension of the District's staff in each aspect of a project. The proposed project teams for this District solicitation exemplifies this model and represents AVC teams currently providing invasive and aquatic plant management services to the District. A summary list of all FDACS licensed personnel currently providing administration, management, application, or logistical support services to the District is provided below. In addition to FDACS pesticide application certifications listed, all AVC personnel are certified by the Red Cross for first aid and CPR. FDACS Certification Summary of Proposed District Team. Name Certification # Categorv/Year Yrs cr AVC Jim Burney CM11749 A, ROW 25 Todd Olson CM9714 A, ROW 24 Salvador Medina CM13639 A, NA 22 Elroy Timmer CM19048 A, ROW, NA 17 Angel Lopez CM10296 A 28 John Sullivan CM12801 A, ROW, NA 24 JD Gillenwalters CM17583 A, ROW 18 Linda Defee CM17546 A, ROW, NA 15 Hugh Cucurullo CM21127 A, NA 11 Paul Terry CM17555 A, NA 15 Travis Schwalm CM20408 A, ROW 7 Kevin Damaso CM15305 A, NA, ROW 20 Dominick Dulevich CM22554 ROW 7 Derek Stafford CM26281 NA 1 Christian Quintanilla CM26243 NA 1 John Brown CM19033 A 13 Kevin Peebles CM25839 A, ROW 2 Max Acosta CM23675 NA 5 Santos Bonilla CM24616 NA 12 Reineris Cruz CM24993 NA 10 Jeff Donahue CM20528 ROW, NA 10 Tony Guillen Pending <1 Josh Pacheco CM24827 NA 3 Yury Perez Pending 1 Victor Borrego CM23648 NA 5 Dennis McBain CM18224 A, ROW, NA 6 Skyler Lewis Pending <1 Tony Castaneda CM23844 A, NA 5 James Bromley CM25922 A, NA 2 Jacob Cartales CM26455 A 1 Ty Harris Pending 1 Tyler Schwalm CM24755 A 4 Troy Gillett Pending 1 SFWMD RFP 1000001057 AQUATIC VEGETATION CONTROL, INC. PAGE 20/175 119 of 409 Jennifer Roge Pending Alex Mateos CM12945 A, ROW Kyle Rypma CM17845 A, ROW Cumulative Total for Applicators and Crew Supervisors. * *Does not include listed Administration, Office Management or Logistical Personnel. Cumulative Total for Administration, Office Management, and Logistics FDACS License Documentation: <1 23 15 211 yrs* 184 yrs The following copies of FDACS licenses are provided to verify the summary list and to demonstrate RFP requirement compliance. SFWMD RFP 1000001057 AQUATIC VEGETATION CONTROL, INC. PAGE 21/175 120 of 409 List of road vehicles currently dedicated to the District and proposed for this RFP- Description Model Application I I i i Equipment ; TACOMA 4X4 ACCESS CAB F150 SUPER CAB 4X4 F-150 XL SUPER CAB 4X4 F-150 XL SUPER CAB 4X4 F-150 XL SUPER CAB 4X4 F-150 XL SUPER CAB 4X4 F-150 XL SUPER CAB 4X4 F-150 REG CAB 4X4 j F-150 XL SUPER CAB 4X4 F-150 XL SUPER CAB 4X4 F-150 XL SUPER CAB 4X4 F-150 XL SUPER CAB 4X4 F-150 XL SUPER CAB 4X4 F-150 XL SUPER CAB 4X4_ 2020 I none yes yes none none yes none yes none none none 2007 2013 2014 2014 2014 2014 2014 2014 2014 2015 2015 none_ 2016 none 2016 yes F-150 XL SUPER CAB 4X4 CHEVY _SILVERADO 1500 4X4 CHEVY SILVERADO 1500 4X4 CHEVY SILVERADO 1500 4X4 r CHEVY SILVERADO 1500 4X4 F-250 XL SD REG Cab 4X4 F-250 SINGLE CAB 4X4 F-250 XL SD REG Cab 4X4 CHEVY SILVERADO 1500 4X4 CHEVY SILVERADO 1500 4X4 CHEVY SILVERADO 1500 4X4 CHEVY SILVERADO 1500 4X4 �2019 2016 none 2017 yes 2017 none 2017 none 2018 none 2019 yes 2015 yes 2015 yes 2018 yes 2018 none 2019 none none SFWMD RFP 1000001057 AQUATIC VEGETATION CONTROL, INC. PAGE 60/175 121 of 409 List of equipment currently dedicated to the District and proposed for this RFP: Description Model Use AIRBOAT W/ SPRAY RIG 2005 ALUMITECH AIRBOAT STA AIRBOAT W/ SPRAY RIG 2005 ALUMITECH AIRBOAT STA AIRBOAT W/ SPRAY RIG 2005 ALUMITECH AIRBOAT STA AIRBOAT W/ SPRAY RIG DIAMONDBACK 14'X8' W/ 454 STA 2006 AIRBOAT (CREW) DIAMONDBACK 15 x 8 2007 ARM AIRBOAT (CREW) DIAMONDBACK 15 x 8 2007 ARM AIRBOAT (CREW) DIAMONDBACK 15 x 8 2007 ARM AIRBOAT (CREW) DIAMONDBACK 15 x 8 2007 ARM AIRBOAT (CREW) DIAMONDBACK 14 x 7.6 ARM AIRBOAT W/ SPRAY RIG HAMANT 'I T ALUMINUM FLZ 2007 FS AIRBOAT (CREW) DIAMOND BACK15 X 8 2014 ARM AIRBOAT (CREW) DIAMOND BACK 15 X 8 2014 ARM AIRBOAT W/ SPRAY RIG DIAMOND BACK 15 X 8 2015 FS,NA AIRBOAT W/ SPRAY RIG DIAMOND BACK 14 X 8 2016 ARM AIRBOAT (CREW) DIAMONDBACK 18' AB 2005 FS,ALT ARGO W/ SPRAY RIG FRONTIER 650 GREEN NA ARGO W/ SPRAY RIG FRONTIER 8x8 650 WITH TRACKS NA ARGO W/ SPRAY RIG FRONTIER 8x8 650 WITH TRACKS NA ARGO W/ SPRAY RIG FRONTIER 8X8 650 GREEN FS I ARGO ARGO 750 HDi 2015 FS,NA ARGO ARGO 750 HDi 2016 TUNDRA FS,NA BOAT W/ SPRAY RIG 14" CAROLINA SKIFF 2013 J1450 FS BOAT W/ SPRAY RIG 14" CAROLINA SKIFF 2014 FS BOAT (CREW) 21' CAROLINA SKIFF W/ 90 HP FS,NA BOAT (CREW) SCOUT 185/115HP OB (2005) FS,NA BUGGY #3 (CHEVY 1 TON 454 BIG NA BLOCK) BUGGY #5 9FORD 1-1/4 DRIVE) BLUE V8 NA,FS I BUGGY GREEN HOMEMADE MAGNUM NA I TRAILER MAGIC TILT BOAT TRAILER 2013 STA TRAILER MAGIC TILT BOAT TRAILER 2014 STA TRAILER 2004 PACE AMER, JT58SA STA CARGO TRAILER 2004 PACE AMER. JT58SA FS CARGO TRAILER 2004 PACE AMER JT58SA CARGO FS TRAILER 2007 6x12 DIAMOND CARGO TRL NA BACKPACK (120) 2.5 GALLON BIRCHMEIER ALL SMART PHONE (27) ATT OR VERIZON ALL HANDHELD GPS (26) GARMIN ALL SFWMD RFP 1000001057 AQUATIC VEGETATION CONTROL, INC. PAGE 61/175 122 of 409 Oftor SEBAST _ V HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: December 9, 2020 Aaenda Item Title: Approve to "Piggyback" Charlotte County Contract #2018000509 for the Purchase of a 2021 Ford F-350 from Bartow Ford, in the amount: of $61,098.30 Recommendation: The Procurement Division, on behalf of the Fleet Management Division .and Building Maintenance Division, recommends that Council APPROVE. to "piggyback" Charlotte County Contract #2018000509 for the purchase of a Ford F-350 from Bartow Ford, in the amount of $61,098.30. Background: This purchase is to replace the truck used by the Construction Specialist, allowing additional bed and tool cabinet spaced to facilitate the demands of his job. The current vehicle will be used to replace the service truck used by Fleet Maintenance staff that has extended beyond its life use. Staff proactively recommends this purchase to allow for this replacement in a timely manner. "Piggybacking" guarantees that pricing and contract terms remain the same while the contract is active; this includes any contract extensions or renewals. In accordance with the City's Ordinance Section 2-10(c)(2), the procurement procedures carried out by the awarding agency are equivalent to that of Sebastian's procurement process The initial contract term was October 1, 2018 — September 30, 2020, with a renewal term extending to September 30, 2021. Pricing from other cooperatives, piggybacks and local vendors were considered but did not benefit the City in the aspect of pricing or vehicle availability. The two (2) quotes received are from vendors that can provide the proper upfitting build, there was not a third (3�d) vendor able to provide this addition. If Agenda Item Reauires Exoenditure of Funds: Budgeted Amount: $65,000.00 Total Cost: $61,098.30 Funds to Be Utilized for Appropriation: DST Fund Attachments: 1. Quote — Recommended Vendor 2, Charlotte County Renewal 3. Quotes — Other Vendor Administrative Services Departm t Review: ^t �-;atA-Q , t City Attorney Review: _.�� Procurement Division Review, if applicable: City Manager Authorization Date: 124 of 409 IANWFDP& INIT RIT1 • I RI'ti I.110NES N October 30, 2020 .rune fWN City of Sebastian T. Alan Clarke X3H 2O21 F-350 Chassis 4x4 SD Super Cab 168" WB DRW XL 996 6.2L 2-Valve SOHC EFI NA V8 (Flex -Fuel Engine 1 44G Electronic 10- Speed Automatic 640A Equipment Package X4L Limited Slip w/4.30 Axle Ratio Trailer Towing Package 665 UpFtter Switches (6) 18B Platform Running Boards 52B Trailer Brake Controller 96V XL Value Package Chrome Front Bumper & Steering Wheel -Mounted Cruise Control 90L Power Equipment Group 872 Rear View Camera & Prep Kit Factory Invoice Government Price Concession Discount 4.06% Contract Discount 9' Service Body with Rear Crane Reinforcement, Ventruo ET8KX 3,200 lb. lifting capacity, a 12V DC electric winch, electric rotation and a hydraulic boom elevation, 55" Whelen DUO Legacy GB2-SST Amber/White with S/T/T, Full White Take Down & Alley LED's Rear Traffic Advisor, (2) Whelen Amber/White MICRON's Mounted in Grill Area, (2) Whelen Vertex Amber/White Mounted in Taillights, Spray In Bedliner, 3,000 Watt Power Inverter with remote, 10 ft of 3/0 cable with 300 Amp fuse with block $44,197.00 $7,160.00 $1,503.70 $0.00 $25,565.00 $0.00 u,I MMX� • Pricing in accordance with the Charlotte County contract # 2018000509 If you have any questions or need any additional information please feel free contact me anytime. Sincerely Yours, Richard Weissinger Commercial Fleet Sales Direct Line (813) 477-0052 Fax (863)533-8485 2800 US Hwy North Bartow, Florida 33830 125 of 409 ADMINISTRATIVE CONTRACT RENEWAL APPROVALFORM VEHICLES - ANNUAL CONTRACT Contract #: 2018000509 Award Date: 9/25/2019 Awarded By: BOCC Original Term: From: 10/1/2018 To: 9/30/2019 Renewal Term: From: 10/1/2020 To: 9/30/2021 Description & Background of Contract: This is an annual contract that allows for the purchase of Ford vehicles on an 'as needed' basis. On September 25, 2018, when the Charlotte County Board of County Commissioners formally approved the award of this contract, the Board also authorized the County Administrator to approve renewal options up to two additional one-year terms, at the same prices, terms, and conditions by mutual consent. In accordance with the contract documents, this contract can be renewed for one (1) additional year under the same prices, terms, and conditions as the original contract. The term will be from October 1, 2020 through and including September 30, 2021 Contract Specialist: Alisa True Phone: 941-743-1549 Contract Specialist E-mail: alisa.true@charlottecountytl.gov Fax: 941-743-1384 By acceptance of this contract renewal as indicated above and by all parties' signatures, the parties agree to extend the term of the contract with all other terms and conditions of the Contract to remain the same. Fiscal Reviewed by: Requested by: Richard Weissinger Bartow Ford Approved by: Lord Gutierrez Fleet Operations Manager Approved by: Kimberly A. Corbett, C.P.M., CPPB Charlotte County Purchasing Approved by: Hector Flores County Administration Hal Daniels 7/20/2020 _See attached. Signature/Date Gutierroz, ]Morrie Gutierrez, Lorrie Ju122 2020 1:54 PM Signature/Date Kimberly Corbett Kimberly Corbett Jul 22 2020 2:10 PM Signature/Date Flares, Hector Flores, Hector Jul 22 202U 4:24 PM Signature/Date 126 of 409 November 7, 2019 City of Sebastian 1225 Main Street Sebastian, FL 32958 Attm Ann -Marie Fraser Dear Ms. Fraser: Per your request, please accept this letter as authorization from Charlotte County for the City of Sebastian to "piggyback" Bid #18-509, Vehicles — Annual Contract. It is understood that the City of Sebastian will establish its own contract with the successful bidder(s), place its own orders, be invoiced therefrom and make its own payments to the successful bidder in accordance with the terms of the contract established between the City of Sebastian and the successful bidder It is also hereby mutually understood and agreed that Charlotte County is not a legally bound party to any contractual agreement made between a successful bidder and any local entity other than Charlotte County Board of County Commissioners. If you have any questions, please feel free to contact the Charlotte County Purchasing Division at 941-743-1374. Sincerely, a J04* Ki berly A. Corbett, C.P.M., CPPB S ni or Division Manager — Purchasing /at PURCHASING DIVISION I.IDGET & ADMINISTRATIVE I SERVICE DEPARTMENT 18500 Murdock Circle, Suite 344 I Port Charlotte, FL 33948-1068 Phone: 941.743J 378 I Fax: 941.743,1384 127 of 409 WA" f - �' Sourcewell 711 Call la's first, for all ojamur Fleet ; futunrotive, & Li;rht Truc•h needs. _ Quote PHONE (800) ALANJA )'(252-6529) DIRECT 863.402-4234 111! WWW.ALANJAY.COM 28509_1 Corporate 2003 U.S. 27 South MOBILE 863-9914693 — Mailing 1 P.O. SOX 9200 — Office Sebring, FL33870 FAX 863-402-4221 Address Sabring, FL 33871-9200 ORIGINAL 11 80a 0 ATE QUICK QUOTE SHEET REVISED111012020 1 2 D RATE REQUESTING AGENCY SEBASTIAN, CITY OF CONTACT PERSON ALAN CLARKE EMAIL, TClarke6c:ItvofsebasQaoAw PHONE 772-589-1295 MOBILE 7723214235 FAX 772-689-5570 - SOURCEWELL (FORMERLY NJPA) CONTRACT # 2021 120716-NAF & 06 www-NationalAutoFleet0roup.com MODEL X3H 640A MSRP $42,115.00 2021 FORD F350 SUPER CAB CHASSIS DRW 4WD XL 60" CA 166" WB CUSTOMER ID NJPA PRICE " All vehicles will be ordered white w/ darkest interior unless clearly stated otherwise on purchase order. FACTORY OPTIONS DESCRIPTION Zl AS EXTERIOR COLOR OXFORD WHITE WITH MEDIUM EARTH GRAY HD VINYL 40/20/40 SPLIT BENCH SEAT INCLUDES CENTER ARMREST WITH CUPHOLDERS, STORAGE, AND DRIVERS SIDE MANUAL LUMBAR. - ........................ I .......... __......... .-._.------ 996 44G Engine: 6.2L 2-Valve SOHC EFl NA V8 Flex•Fuel, Transmission: TorgShift 10-Speed Automatic .-....------...----------. .. --------.......-..-.....................-- .............. X4L _ ................... 4.30 LIMrrEO SLIP REAR DIFFERENTIAL ......... ... .------ .........--. _ .. 186 ............... ................ BLACK PLATFORM RUNNING BOARDS 520 ELECTRIC BRAKE CONTROLLER 872 FACTORY REAR VIEW CAMERA & PREP KIT WITH ELECTROCHROMIC MIRRIOR, CAMERA SHIPS LOOSE FOR INSTALLATION AFTER BODY INSTALL. 90L Power Equipment Group -inc: Deletes passenger side lock cylinder, upgraded door -trim panel, Accessory Delay, Advanced Security Pack, 5ecuriLock Passive Anti -Theft System (PATS) and Inclination/intrusion sensors, MyKey, owner controls feature, Power Locks, Manual Telescoping Folding Trailer Tow Mirrors, power/heated glass and heated convex spatter mirror, Remote Keyless Entry, Power Front & Rear Side Windows, 1-touch up/down.-driver../passertger window -------- ---- - ------------ ............. --• ------ -..... 9bV XL VALUE PACKAGE iS3 FRONT LICENSE PLATE BRACKET FACTORY OPTIONS CONTRACT OPTIONS DESCRIPTION CAtrSERA•F Dealer installed factory ordered camera (REQUIRES 872). ---•........_.........,.,,.......... . W LEGACY54-AW .................................. Whelen 54" Legacy DUO light bar, Amber White, with adjustable feet & Strap kit. W TION-4 (2) Whelen ION "T" series ultra thin light heads surface mounted (2) in grille and (Z) to rear of body (arnber/white). 813.3000UL-UB XANTREX 30WW modified sine inverter mounted Inssde Curbside front compartment of utility body with ignition sourced remote / user control mounted on dash mounted on dash. (Alternate mounting location may be required due to Clearance.) Includes freight and Installation with 4/0 powr and ground, ignition controlled solenoid, 300A breaker, heat shrink connectors, and wire loam. (Dealer strongly recommends upgrading alternator and addition of auxiliary battery) PTC WS2109 M Warner 9' Powder Coated Crane Reinforced Utility Body for up to 18,500 ft- Ib. crane with standard shelving, crane OW CR reinforcement, manual outriggers, and 12" work bench bumper. Furnished and installed by Premier Truck Center ................. (Includes 2nd stage MSO, weight slip, &final -stage manufacturers completed vehicle certification.) .......---.---...--........--------...-..........I........... ------ ................. ....... PTC ETBKX 32001b VENTURO E/H 8,000ft-lb rated crane with hydraulic boom extension 6. 10 it, manual boom extension 10 -14 ft, adjustable boom rest 13 - 19", crane side spring buildup, additional battery, and wired pendant remote (Requires Crane Body), HD US0B-T8 HD Scorpion spray on bed liner applied inside cargo area, tops of boxes, and rear bumper of 8' & T utility body. .......... ......... . ...... ......... I.......... . ................ PTC CLV-HD-SB .......... .. Class V trailer hitch for service bodies 20K ratio with 2 1/2" receiver. _.- . ._ ..__ ........_...__... ...... PTC 7/4WIRE ....................... 7 way flat camper trailer wiring . ............... ..-....... -.------- ............. NO -TEMP TEMP TAG NOT REQUESTED, CUSTOMER WILL HANDLE THEIR OWN TAG WORK. _ _ CONTRACT OPTIONS $31,992.00 __1 $0.00 $0.00 S345A0 $440.00 $265.00 $410.00 S860.00 NJPA-SEBASTIAN, CITY OF-X3H 640A_28509-1_Quote.PDF Page 1 of 2 $390.00 SO -DO $2„710.00 $i95.00 $2,265.00 $780.00 $1,615.00 ;'12,27e.00 $13,430.00 $975.00 ........... ...... $530.00 $140,00 $0.00 $32,200.00 128 of 409 sourcewell SOURCEWELL (FORMERLY NJPA) CONTRACT # 2021 120716-NAF & 06 +Nww.NationalAutoFleetGroup.com TRADE IN TOTAL COST S66,902.00 . YES WE TAKE TRADE INS ""'"' ASK ABOUT MUNICIPAL FINANCING $0.00 TOTAL COST LESS TRADE IN(S) QTY 1 $66,902.00 Estirnated Annual payments for 60 months paid in advance: $14,983.30 Municipal finance for any essential use vehicle, requires lender approval, WAC, Comments VEHICLE QUOTED BY SCOTT WILSON FLEET SALES MANAGER scotLwllsonrcPataniay.cq@ "1 Want to be Your Fleet Provider" f appreciate the opportunity to submit dus quotation. Please review it carefully. If there are any errors or changes, please feel free to contact me at any time. 1 am always happy to be of assistance. NJPA-SEBASTIAN, CITY OF-X31-1 640A_2$509-1 Quote.PI)F Page 2 of 2 129 of 409 SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: December 9, 2020 Agenda Item Title: Approve to "Piggyback" Charlotte County Contract #2018000509 for the Purchase of a 2021 Ford F-350 from Bartow Ford, in the amount of $33,400.70 Recommendation: The Procurement Division, on behalf of the Fleet Management Division and Traffic Engineering Division, recommends that Council APPROVE to "piggyback" Charlotte County Contract #2018000509 for the purchase of a Ford F-350 from Bartow Ford, in the amount of $33,400.70. Background: This purchase is to replace the truck used by Traffic Technicians for transporting trailers and painting machines for sign installations throughout the City. The current vehicle has extended beyond its life use and recommendation for replacement is important to ensure that additional vehicle failures do not cause interruption on productivity. "Piggybacking" guarantees that pricing and contract terms remain the same while the contract is active; this includes any contract extensions or renewals. In accordance with the City's Ordinance Section 2-10(c)(2), the procurement procedures carried out by the awarding agency are equivalent to that of Sebastian's procurement process The initial contract term was October 1, 2018 — September 30, 2020, with a renewal term extending to September 30, 2021. Pricing from other cooperatives, piggybacks and local vendors were considered but did not benefit the City in the aspect of pricing or vehicle availability. The two (2) quotes received are from vendors that can provide the proper upfitting build, there was not a third (3`d) vendor able to provide this addition. If Aaenda Item Reauires Expenditure of Funds: Budgeted Amount: $34,000.00 Total Cost: $33,400.70 Funds to Be Utilized for Appropriation: General Fund Attachments: 1. Quote — Recommended Vendor 2. Charlotte County Renewal 3. Quotes — Other Vendor Administrative Services Dep rt nt Rev' /l i City Attorney Review:,. Procurement Division Review, applicable/ City Manager Authorization: Date: 130 of 409 INOWFOP& Shied- IV4N November 2, 2020 City of Sebastian T. Alan Clarke F3B 2021 F-350 4x4 SD Reqular Cab 8' box 142" WB SRW XL 996 6.2L 2-Valve SOHC EFI NA V8 Flex -Fuel Enqine 44G Electronic 10- Speed Automatic 610A Equipment Package X41A Electronic -Locking w/4.30 Axle Ratio Trailer Towing Package 76R Reverse Sensing Package 1 525 Cruise Control 166S Upfitter Switches (6) 1813 Platform Running Boards 52B Trailer Brake Controller I Factory Invoice $39,791.00 Government Price Cance55ion Discount $7,961.00 4.06% Contract Discount $1,292.30 $0,00 55" Whelen DUO Legacy GB2-SST Amber/White with S/T/T, Full White Take Down & Alley LED's Rear Traffic Advisor, (2) Whelen Amber/White MICRON's Mounted in Grill Area, (2) Whelen Vertex Amber/White Mounted in Taillights, Spray In Bedliner, Single Lid Shallow Toolbox $2,863A0 $0.00 Pricing in accordance with the Charlotte County contract # 2018000509 If you have any questions or need any additional information please feel free contact me anytime. Sincerely Yours, Richard Weissinger Commercial Fleet Sales Direct Line (813) 477-0052 Fax (863) 533-8185 2800 US Hwy North Bartow, Florida 33830 131 of 409 ADMINISTRATIVE CONTRACT RENEWAL APPROVALFORM VEHICLES - ANNUAL CONTRACT Contract #: 2018000509 Award Date: 9/25/2019 Awarded By: BOCC Original Term: From: 10/1/2018 To: 9/30/2019 Renewal Term: From: 10/1/2020 To: 9/30/2021 Description & Background of Contract: This is an annual contract that allows for the purchase of Ford vehicles on an 'as needed' basis. On September 25, 2018, when the Charlotte County Board of County Commissioners formally approved the award of this contract, the Soard also authorized the County Administrator to approve renewal options up to two additional one-year terms, at the same prices, terms, and conditions by mutual consent. In accordance with the contract documents, this contract can be renewed for one (1) additional year under the same prices, terms, and conditions as the original contract. The term will be from October 1, 2020 through and including September 30, 2021 Contract Specialist: Aliisa True Phone: 941-743-1549 Fax: 941-743-1384 Contract Specialist E-mail: alisa.true@chadottecountyfl.gov By acceptance of this contract renewal as indicated above and by all parties' signatures, the parties agree to extend the term of the contract with all other terms and conditions of the Contract to remain the same. Fiscal Reviewed by: Requested by: Richard Weissinger Bartow Ford Approved by: Lorri Gutierrez Fleet Operations Manager Approved by: Kimberly A. Corbett, C.P.M., CPPB Charlotte County Purchasing Approved by: Hector Flores County Administration Hal Daniels 7/20/2020 See attached. Signature/Date Gutierrez, Lorric Gutierrez, Lorrie Jul22 2020 1:54 PM Signature/Date Kimberly Corbett Kimberly Corbett Jul 22 2020 2: 10 PM Signature/Date Flores, Hector Flores, Hector Jul 22 2020 4:24 PM Signature/Date 132 of 409 November 7, 2019 City of Sebastian 1225 Main Street Sebastian, FL 32958 Attn: Ann -Marie Fraser Dear Ms. Fraser: Per your request, please accept this letter as authorization from Charlotte County for the City of Sebastian to "piggyback" Bid #18-509, Vehicles — Annual Contract. It is understood that the City cf Sebastian will establish its own contract with the successful bidder(s), place its own orders, be invoiced therefrom and make its own payments to the successful bidder in accordance with the terms of the contract established between the City of Sebastian and the successful bidder, It is also hereby mutually understood and agreed that Charlotte County is not a legally bound party to any contractual agreement made between a successful bidder and any local entity other than Charlotte County Board of County Commissioners, If you have any questions, please feel free to contact the Charlotte County Purchasing Division at 941-743-1374. Sincerely, JX)H- Ki berly A. Corbett, C.P.M., CPPB S ni or Division Manager — Purchasing /at PURCHASING DIVISION BUDGET & ADMINISTRATIVE I SERVICE DEPARTMEN 18500 Murdock Circle, Suite 344 I Port Charlotte, FL 33948-1068 Phone: 941.743.1378 I Fax: 941.743.1364 133 of 409 lle Fzl /t % Citif fie ferw. firr all nFvnirr Fieel A niontolive. & Lildif Truck deeds. Sou rcewell 711 i a a.+rr i.ir. �i�'v.utiG l] LGr,FI aCt ciliate PHONE (800) A"NJAY (.52-6529) DIRECT 863-386-95110Y J WWW.ALANJAY-COM 271B392 Corporate 2003 U.S. 27 South OfflceiSabNng, FL 33870 MOBILE 904-838-4999 FAX 863�f02.4221 Mailing Address P.O. BOX 9200 Sebi FL 33871-9200 ORIGINAL QUOTE GATE QUICK. QUOTE SHEET REVISED QUTE 0 DATE 10112i2020 REQUESTING AGENCY SEBASTIAN, CITY OF CONTACT PERSON ALAN CLARKE _ EMAIL LCC15Ektala citvofseba5lian.ora PHONE 772-09-1295 MOBILE 772-321-1235 - FAX 772-589-5570 SOURCEWELL (FORMERLY NJPA) CONTRACT # 2021 120716-NAF & 06 www.NationalAutoF[eetGroup.com MODEIL F3B610A thSRP $38,545.0II 2021 FORD F-350 REGULAR CAB Si 4WD XL B' seD 142" WD CUSTOMER ID NJPAPRICE 127,905.00._ _ BED LENGTH 8' ' All vehicles will be ordered white W darkest intenor unless clearly staled otherwise on purchase order. FACTORY OPTIONS DESCRIPTION 11 AS EXTERIOR COLOR OXFORD WHITE WITH MEDIUM EARTH GRAY HD VINYL 40/20/40 SPLIT BENCH SEAT INCLUDES $0.00 CENTER ARMREST WITH CUPHOLDERS, STORAGE, AND DRIVERS SIDE MANUAL LUMBAR. 99644G Engine: 6.211.2-Valve SOHC EFl NA VS Flex -Fuel, Transmission: Tor(IShift 10•Speed Automatic $0.00 ISO BLACK PLATFORM RUNNING BOARDS $315.00 .. . ....... ........................ ................... .........._- ..,....--- .................. 525 STEERING WHEEL -MOUNTED CRUISE CONTROL (LPO) REQUIRES FIN CODE. $2311 528 ELECTRIC BRAKE CONTROLLER $255.00 6 6 S FACTORYUPFITITRSWITCHESIREQUIRES67E/ 0N3/4-T0N) 5i6p,0p I ........... ...... . --- ..........--------- ....................... .-.-........................ .... .. .. .. . .......... 76111 REVERSE SENSING SYSTEM :a.oa X4M 4.30 LIMITED SLIP REAR DIFFERENTIAL FACTORY OPTIONS $1,595.00 CONTRACT OPTIONS DESCRIPTION W UBERTY54-AA Whelen 54" Liberty II solo light bar, Amber, with adjustable feet & strap kit, $2,210.00 .............................. ------------------------------------ ................. . W MCRN-2 (2) Whelen Micron series light heads surface mount. Mounted in Grille (Amber/Whitel S360.00 — -----------•... ............................................................................................................................... ......-...........- W-VERTEX Whelen Vertex comer LED kit — (4) Whelen Vertex series hemispherical LED light heads LED's will be mounted In $635.00 headlamps and tail lamps where possible, alternate mounting locations may be substituted, (WHITE) "'Rear Lamps mounted inside red tall light ten_ s."' ............... .... .. _- .......... HD SOB LG HD Scorpion spray on bed liner Hong bed) under rail. S590.00 . _....---. ........ ------------------.....-------------------------........--- DTF 2 TRK Deep tint film installed on front two door glass and rear window. , ] 70.00 ATB-18•LP HO Aluminum tool box with low -profile single lid and 18" depth. ;a 7U,00 - - CONTRACT OPTIONS $4,435.00 TRADE IN TOTAL C05T ___ S3.33 Yf5 WE TAKE TRADL INS ASK ABOUT N4UNICIPAL FINANCING ' � SO.00 II TOTAL COST LESS TRADE IN(S) QTY 1 $33,935.00 Estimated Annual payments for 60 months paid In advance: $7,601 Municipal finance for any essential use vehicle, requires tender approval, WAC. Comments VEHICLE QUOTED BY CHRISTY SELF GOVERNMENT ACCOUNT MANAGER christvsatfrOalaniay.com Want to be Your Fleet Provider" 1 appreciate the opportunity to submit this quotation. Please review it carefully. If there are any errors or changes, please feel free to contact me at any time. 1 am always happy to be of assistance. NJPA-SEBASTIAN, CITY OF-F3B 610A 27839-2_Quote.PDF Page 1 of 1 134 of 409 ail �Y $ESAS hl" HOME Of PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: December 9, 2020 Agenda Item Title: Approve the Purchase of Heavy Equipment, totaling an amount: of $165,285.00. Recommendation: The Procurement Division, on behalf of the Fleet Management Division and Stormwater Division, recommends that Council APPROVE the purchase Heavy Equipment using Cooperative Florida Sherriff's Association (FSA) #20-VEH18.0 and #20-EQU18.0 (Semi -Tractor from SBL Freightliner, LLC and Trailer from Felling Trailers, Inc.), totaling an amount of $165,285.00. Backqround: This purchase is to replace 20-year old equipment. Due to age, parts are harder to purchase and to get serviced; the equipment has to be transported out of the area. The City has worked to standardize equipment to ensure commonality of fleet. The Freightliner Semi -Tractor with additions is recommended to be purchased from Lou Bachrodt Freightliner as a Single Source purchase, in the amount $104,674. The Low -boy Trailer is recommended to be purchased at Felling Trailer, the certified Dealer for Kelly Tractor purchases in the immediate area, in the amount of $60,411. Cooperative purchasing saves time and increases buying power for public entities. Being a Cooperative member, allows access to these contracts. Pricing and contract terms are guaranteed while the contract is active; this includes any contract extensions or renewals. The initial contract terms are FSA20-VEH18.0 October 1, 2020 — September 30, 2022 and FSA20-EQU18.0 October 1, 2020 — September 30, 2023. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: $165,085.00 Total Cost: $165,085.00 Funds to Be Utilized for Appropriation: Stormwater Utility Fund Attachments: 1. Semi -Tractor Quote — SBL Freightliner, LLC/ Lou Bachrodt Freightliner 2. FSA20-VEH18.0 Award Information 3. Low -boy Trailer Quote — Felling Trailers, Inc. 4. FSA20-EQU18.0 Award Information Administrative Services Departm�evie City Attorney Review: / Procurement Division Review, if applicable: aJ () City Manager Authorization: ! Date:/et / 135 of 409 SEBASTIAN CITY OF TRACTOR ITEM 65 SBLILOU BACHRODT FREIGHTLINER LOW BID ON THIS ITEM Prepared by: Drew Ellison LOU BACHRODT FREIGHTLINER 2840 CENTER PORT CIRCLE POMPANO BEACH, FL 33064 Phone: 407-686-6704 FSA 2 0- V E H 1 8. 0, HEAVY TRUCKS T E M 6 5 — F R E I G H T L I N E R M 2, 1 1 2 $ 7 9 7 5 0 • O P T I O N 5- 6 4, 0 0 0 G V W P A C K $ 4 1 9 0 0 • O P T I O N 2 1 - H E A D R A C K $ 5, 9 0 0 T O T A L $ 1 2 7 5 5 0 C R E D I T - A L L I S O N 3 0 0 0 T R A N S _ $ 2 2 8 7 6 1 N L I E U O F 4 5 0 0 S E_ R_I E S T O T A L P R I C E $ 1 0 4 6 7 4 Q U O T A T I O N M2 112 CONVENTIONAL CHASSIS SET BACK AXLE - TRACTOR CUM L9 370 HP @ 2000 RPM, 2100 GOV RPM, 1250 LB - FT @ 1400 RPM ALLISON 3000 RIDS AUTOMATIC TRANSMISSION WITH PTO PROVISION DETROIT DA-RT-46.0-4 HH 46,000# R-SERIES WEIGHT OPTIMIZED TANDEM REAR AXLE AIRLINER 46,000# REAR SUSPENSION DETROIT DA-F-18.0-5 18,000# FL1 71.0 KPI13.74 DROP SINGLE FRONT AXLE 18,000# TAPERLEAF FRONT SUSPENSION 112 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB 4825MM (190 INCH) WHEELBASE FONTAINE 6000 SERIES 6NWB 12.0 INCH AIR SLIDE FIFTH WHEEL 7116X3-9116X11.1/8 INCH STEEL FRAME (11.11MMX282.6MM10.437X11.13 INCH) 120KSI 1450MM (57 INCH) REAR FRAME OVERHANG 114 INCH (6.35MM) C-CHANNEL INNER FRAME REINFORCEMENT PER UNIT TOTAL VEHICLE PRICE TOTAL # OF UNITS (1) $ $ EXTENDED WARRANTY $ $ DEALER INSTALLED OPTIONS $ $ CUSTOMER PRICE BEFORE TAX $ $ TAXES AND FEES TAXES AND FEES $ 0 $ 0 OTHER CHARGES $ 0 $ 0 TRADE-IN TRADE-IN ALLOWANCE $ (0) $ (0) BALANCE DUE (LOCAL CURRENCY) $ 104,674 $ 104,674 COMMENTS: Projected delivery on _ 1 _ 1 _ provided the order is received before APPROVAL: Please indicate your acceptance of this quotation by signing below: Customer: X Date: 1 I Application Version 11.3.004 �� �-7 12/01/2020 1:50 PM Data Version PRL-23M.043 Cf�V-7147ir/yAkr SEBASTIAN CITY OF TRACTOR M2 Page 1 of 2 112 136 of 409 FSA20-VEH18.0, Heavy Trucks Group: CAB AND CHASSIS TRUCKS: 52,000 LB GVWR Cab & Chassis 4X6 SEMI Tractor Item: 65, Freightliner, M2, 112 Zone Rank Vendor Price Build File Options File Western Primary SBL Freightliner, LLC $79,750,00 Build Options Alternate Tampa Truck Center $81,244.00 Build Options Northern Primary Tampa Truck Center $81,244.00 Build Options Alternate SBL Freightliner, LLC $81,750.00 Build Options Central Primary SBL Freightliner, LLC $79,750.00 Build Options Alternate Tampa Truck Center $81,244.00 Build Options Southern Primary SBL Freightliner, LLC. $79,750.00 Build Options Alternate Tampa Truck Center $81,244.00 Build Options FSA 65 52,000 TRACTOR OPTIONS LOU BACHRODT FREIGHTLINER CODE DESCRIPTION PRICE 1 DD 13 450 HP ENGINE $850 2 DD13 505 HP ENGINE $1,900 3 CUMMINSX1247S HP ENGINE $6,9001 4 CUMMINSX12475 HP ENGINE $7,4001 5I64,000 LB GVW PACK WITH ALLISON AUTO TRANS _ ` $41,9001 G 66,000 LB GVW PACK WITH ALLISON AUTO TRANS $43,900 7 5TH WHEEL AIR SLIDE FONTAINE 7000 SERIES $780 8 DOUBLE FRAME WITH REINFORCMENT $1,450 9 DUAL FUEL TANKS BOOR EQUAL $950 10 ALUMINUM WHEEL FRONT AND REAR $1,190 11 DRIVER CONTROLLED DIFF LOCK BOTH REAR AXLES $1,2SO 12 VERTICAL EXHAUST SYSTEM $790 13 COMFORT PACK, POWER WINDOWS AND LOCKS, AIR SEATS, POWER MIRRORS, TILT STEERING. $1,2501 14 LOWBOY WET LINE KIT 3 LINE SYSTEM MANUAL TRANS, ADD $1,850 FOR AUTO TRANS. $6,990 15 DUMP TRAILER WET LINE KIT SYSTEM MANUAL TRANS, ADD $1,850 FOR AUTO TRAN5 $6,980 16 WALKING FLOOR OR TRANSFER TRAILER WET LINE KIT MANUAL TRANS. $6,970 17 AUTO TRANSMISSION FOR ITEM 16 $1,850 18 SINGLE ROOF MOUNTED STROBE $9801 19 4 CORNER STROBES $1,9801 20 1 TON RAMSEY REAR MOUNT WINCH I $48,500 211HEADRACK ALUMINUM WITH CHAIN BOXES AND CENTER WINDOW $5,900� 138 of 409 -ELL/NG FELLING TRAILERS, INC. certified 1525 Main Street South, Sauk Centre, MN 56378 W B E N C 1304-E �vtxl�M.r:[ ��rzgpr�ysts�s,r t ar itt?�r�Et FiS-Swltstt Phone: 800-245-2809 - www.felling.com ATTENTION: (Ph 1) 561-683-1231 Quote, List, Freight Reference No: 123928-JDM Ship To: Phone: BIII To: Customer Unit/Stock: Kelly Tractor Co. 561-683-1231 Kelly Tractor Company 305-592-5374 5460 Okeechobee Blvd FAX: 8255 NW 581h St FAX: West Palm Beach, FL 33417 Miami, FL 33166 561-fi84-64fi1 305A63-6047 PO# Quote Data r i Order Data Order Status * . Sates Person .. _ Appx Completion Productl❑ r Notes: Drawing No: OVL Length: 41.5 City of Sebastian Copy No: Appx Wgi +1-: 14,850 Item Typo Description Add Oty Unit Total CIty Total Arnt Base Model XF-70-2 HDG, Hydraulic Detachable Gooseneck [L] 0.00 Each 1.00 52,508.00 Load Capacity 70,000 Ibs in 16 ft 0.00 Std 1.00 0.00 Gooseneck 11' Hydraulic Detachable Gooseneck 84" Swing Clearance 0.00 Feet 11.00 0.00 Gooseneck, Acc 5 Position Ride Height Cam Blocks 0.00 Std 1.00 0.00 Gooseneck, Acc Hydraulic Pressure Gauge, Liquid Filled, for supply line pressure 0.00 Opt 1.00 0.00 Gooseneck,Ace Hydraulically Operated Center Neck Support Arm 0.00 Std 1.00 0.00 Ramps, Front 26' Front Fold Over Ramps 0.00 Pair 1.00 0.00 Deck Length Main Deck Length (Usable Deck Length +1-) 0.00 Feet 22.00 0.00 Main Deck Removable Swing Out outriggers, 5,000lb rating 0.00 Std 1.00 0.00 Trunnion Length 450 Appx, 10" Half Bolster Trunnion Approach 0.00 Feet 1.00 0.00 Trunnion Length 49" Axle Spread, Trunnion Length in Feet 0.00 Feet 7.50 0.00 Deck Type White Oak Full 2" (Outer Bays Only) 0.00 Sid 1.00 0.00 Appx Deck Height 24" Loaded, 8" Ground Clearance 0.00 Inches 1.00 0.00 Width 102' OD 0.00 Inches 1.00 0.00 Tie Downs D-Rings, t- 0.00 Each 12.00 0.00 Brakes Air. ABS 2511M, Mentor WABCO (Parking brakes on all axles) 0.00 Sid 1.00 0.44 Axles 25K Oil Bath 0.00 Sid 2.00 0.00 Suspension Rtdewell 240 with Dump Valve & Pressure Gauge 0.00 Sid 1.00 0.00 Tires & Wheels 255170R 22.5 H, 10 Bolt (22.5 x 8.25) Hub Pilot 0.00 Sid 8.00 0.00 Hitch Type Semi King Pin [SI with 16" Setback, 50" Height +1- 0.00 Sid 1.00 0.00 Plug 7 Pole Semi Socket 0.00 Sid 1.00 0.00 Lights LED Lights (Peterson), (1) per side Gooseneck, (3) lights per side 0.00 Sid 1.00 0.00 Deck & Trunnion, (3) per side Tailboard, Sealed Wiring Harness (Sea Ico) Trailer Color Felling Black # CCA945378 (White Felling Decal) 0.00 Sid 1.00 0.00 Stripe Color White 0.00 Sid 1.00 0.00 Standard Document Holder 0.00 Sid 1.00 0.00 Standard Drop In Storage Tray in Main Deck (1 Standard) 0.00 Sid 1,00 0.00 Page 1 Appx Completion Date Subject to Engineering Review 3/4/2020 Ref No: 123928-JDM 139 of 409 _JL A=��'� FELLING TRAILERS, INC. 1525 Main Street South, Sauk Centre, MN 56378 1K9 1cgt eO;Ka6��"'-4:r�-VUVX— 1- tWSEI.M1,71 Phone: 800-245-2809 - www,felling.com Standard Plumbed for Wet Kit with Hyd Couplers, Pressure- 314" Pioneer, Male 0.00 6602-12-12, Return- 314" Pioneer Female 6601-12-12 " 3.000 PSI R equired " Option Self Contained 11-13 HP Hydraulic System W/Electric Start 0.00 Option Self Contained Hydraulic Power, Hose Kit to Headboard (PTO) C 0.00 oupters GVWR 94.500Ihs 0.00 0 M5O's are not released until PAINT Payment Received ' -- .*FOB IF NO FREIGHT charged" w " FET Tax may apply on 26,000 lb GVWR and above •' Please sign and date your acceptance of this quate: Page 2 Rppx Completion Date Subject to Engineering Review �certified W B E N CI 1300-E Sid 1.00 0.00 Opt 1.00 5,377.00 Opt 1.00 289.00 Std 1.00 0.00 Standard List Price: $58,174.00 Surcharge: $0.00 Freight: S2,237.00 Misc (see above): $0.00 Standard list Price: $60,411.00 314t2020 Ref. No: 123928-JDM 140 of 409 FSA20-EQU18.0, Heavy Equipment Group: TRAILER: Hydraulic Tail Trailer - 70.000 LB Item: 447, Felling Trailers, FT-70-2-PL-HT, FT-70-2-PL-HT Zone Rank Vendor Price Build File Options File Western Primary Federal Contracts Corp $55,323.90 Build OpLi.:Jrs Northern Primary Federal Contracts Corp S55.323.90 Build Options Central Primary Federal Contracts Corp $55.323.90 Budd Options Alternate Kelly Tractor Co S59.094.00 Build Options Southern Primary Kelly Tractor Co S59.094 00 Build Options to 04 My OF SF to HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: December 9, 2020 Aaenda Item Title: Approve the Purchase of a Mulcher Head, Utilizing Cooperative Sourcewell Contract #032119-CAT from Kelly Tractor Co., in the amount of $38,005.00 Recommendation: The Procurement Division, on behalf of the Fleet Management Division and Stormwater Division, recommends that Council APPROVE the purchase of a Mulcher Head for Excavator using Cooperative Sourcewell Contract #032119-CAT, from Kelly Tractor Co., in the amount of $38,005.00. Backaround: This purchase is for a Mulcher Head attachment for the newly purchased CAT 31 Excavator to cut back the rows and drainage ditches. This piece of equipment is also much safer than the one currently being used. Cooperative purchasing saves time and increases buying power for public entities. Being a Cooperative member, allows access to these contracts. Pricing and contract terms are guaranteed while the contract is active; this includes any contract extensions or renewals. The initial contract term is May 13, 2019 — May 13, 2023. If Aaenda Item Requires Expenditure of Funds: Budgeted Amount: $38,005.00 Total Cost: $38,005.00 Funds to Be Utilized for Appropriation: Stormwater Utility Fund Attachments: 1. Quote — Kelly Tractor Co. 2. Sourcewell Award Information Administrative Services Depart nt Re ' w- City Attorney Review: �— n Procurement Division Review, 4f applic e: .�j�,,,dAa City Manager Authorization: Date: 142 of 409 CRT Keep hatter Co. Se mg ax Indunnr Sara V3M kI Itoke lktra W- -wkdiy[u -tom December 1, 2020 City of Sebastian Attn: Alan Clarke (772) 589-1295 REF: Quote per Sourcewell Contract # 032119-CAT Loose Worktools - -15 % Discount off List Price HM2615 Mulcher for Excavator Qty Part # Description List Price 1 575-1216 MULCHER, HM2615 WRITE LIMITER $36,536 Overall / Working width: 1856mm (73") / 1565mm (62") Overall height: 711mm (28"1, Length 888mm (35"1 Maximum Cutting diameter 152mm (6") Hydraulic Flow range: 98-201 Ipm (26-53 gpm) Hydraulic Pressure range 179-345 bar (2600-5000 psi) INCLUDES: Poly Chain Belt Drive drum with 26 fixed teeth Variable Torque Hydraulic Piston Motor FOR USE WITH: 311F-315F, M314F-M317F REQUIRES: Mounting Bracket and pins, connecting lines, Case drain kit 582- 7934. See Case drain installation instructions for any additional parts needed. HEX machines require Electrical Kit 570- 2146 1 570-2127 BRACKET, MOUNTING $2,335 INCLUDES: Pins FOR USE WITH: HM2615 Mulcher FOR USE WITH: 312 linkage FOR USE WITH: 311F, 312F, 313, 313F, 314F, 315, 315F 577-8543 LINES, CONNECTING $910 FOR USE WITH: HM2615 Mulcher FOR USE WITH: 312 linkage FOR USE WITH: 311F, 312F, 313, 313F, 314F, 315, 315F Medium Pressure lines to control Mulcher door not included 582-7934 LINES GROUP, DRAIN $2,100 FOR USE WITH: Any Boom, any Stick 172-8472 PIN GROUP, SPARE $596 FOR USE WITH: 311, 312, 313, 314, 315F List Price Total $42,477 Less 16% Member Discount $ -6,372 Mulcher Total $36,105 Installation at KTC-WPB $ 1,900 Quote Price Total $38,005 Thank you for consideration of our product. Quote is valid for sixty days. Greg Bennett Office 305-592-5360 Governmental Sales Cell 786-229-7037 Fax 305-477-2024 2re2 bennett@kellvtractor.com www.kellytractor.com/Governmeiital I Miami Oevie West Palm Beach Clewiston Naplae R Myers Orlando (Crean Only) 8255 NW 5B St 2801 Flaws Rd rW� Jk:u l io! ee 81 b 801E Sugmian3 ltoq 3635 Prospect Ave 9651 Kelly Tractor Or 17300 E Wonial Or Miami, FL 33166 pavre, EI 33314 West Palm Beach, Fi 33417 DwAston. rL 33440 Naples Fi 34104 Ft Myers, Ft 33905 Orlando. Fr 3= (305) 532-S 0 (954) 581-0181 15611 OM-1731 (8531 SM-0177 1239) 4033M6 1239) 69 3-92M 1407) SM BB55 FAX 13DSI477.2024 FAX (9541581 6464 FAX w 1683-4591 FAX 1SMJ 9W.1000 FAX V39) 4U 7510 FAX (2391843-W76 FAX (4071 %&7701 143 of 409 Machine New Model* Equipment ZQ2� Discount to Customer (Oft List Price) Wheel Tractor Scrapers 621 623 18.00% 627 18.00% 637 18.00% Articulated Trucks 725 17.00% 730 17.00% 735 17.00°% 740GC 17.00°% 745 17.00% Rigid Frame Trucks 3.00°% �770 I 773 3.00% Landfill Compactors I816 12.00% 626 I 12.00% ILj 836 12.00% Wheel Dozers and Soil Compactors 814 15.00°% 815 13.00°% 824 15.00% 825 13.00% 834 15.00°% Wheel Loaders 903 23.00% 906 23.00% 907 23.00% 908 23.00% 910 23.00% 914 23.00% 918 24.00°% 920 24.00% 926 24.00% 930 24.00% 938 24.00% 950GC 20.00°% 950M 18.00% 962 18.00% 966 15.00°% 972 11.00% 980 11.00% 982 11.00% 988 11.00°% Track Loaders 19763 I 1 23.00% lAftermarket Worktools 1 15.00% Caterpillar Safety Services 15.00% Technology Enabled Safety Solutions 5.00% "Note: Base machines are listed. There may be several different base machine configurations available. The base machine discount will be applied to any model configuration plus any and all options listed on the Caterpillar Machine price list. Used Equipment is discounted 20% from Original Customer List Rental Equipment is discounted 10% from dealership Rental Rates Parts & Service is discounted by the servicing dealer according to work order volume 144 of 409 Liivof SERIAN 21`. .a a HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: December 9, 2020 Agenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Fantastikids Dayvare Christmas Party at the Yacht Club. Background: Margarita Oxenreider is seeking Council approval to serve alcoholic beverages at the Yacht Club on Saturday, December 12"' 2020 from 6:00PM to 10:OOPM. Staff has verified Applicant's date of birth. They are expecting less than 20 people. If Agenda Item Requires Expenditure of Funds: NIA Total Cost: NIA Fund to Be Utilized for Appropriation: NIA Administrative Services Depart nt e 14 City Attorney Review: �_ Procurement Division Review, if requi Attachments: 1. Facility Rental Permit Application 2. Receipt City Manager Authorization Date: /"Z4/� 145 of 409 From=7725715328 RECEIVED NOV 17 2020 City of Sebastian ,c)mfnunity Oevelcpment Dept. 17/17/2020 04:13 #039 P.001 tv&fir ►�i CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION MCI �4� HOME of PELICAN ISLAND 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 226-7054 FAX: (772) 388.8248 "For emergency purposes ONLY, please dial772.473.0454 (0 fo' ., - r Ci Office Use Only: $250 Security Pd: Date Initials Rental Fee 6.5% Tax Total Rental Pd: Dale Initials City Manager Approval: _ Date Initials City Council Approval: Date (if applicable) Police Hire Verification: (if applicable) Initials Date:IM917-oW ❑ Community Center 0 Yacht Club Name of Permitted (permits may only be issued to an adult) Name of Organization (if applicable) l ?7q &(&_ S�re-c�__+ Physical Address Mailing Address (if different) City State Phone t-Mail C'hr �.�5 ,,r,Dc'r,y pe,r- Reason for Rental — Type of Function is Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) Requested Date 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 �'OC Time: From -- �c4t?S fV0 ye,. C/ la8//1 sx Date of Birth Verified by I, Incur• I (L 0)(e-Are. i.Av,-the undersigned, acknowledge that I am the applicant or authorized agent off the abovreferenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions 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 $260.00 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 part or full, of the security deposit. Yiqnature a plicant 146 of 409 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 21 1 9 Name 7tr a rzt_,y An n.5hvste,Pri Cash Date I er 2�02_u- ❑ Check # \4 c e V G_N T- 1 zl12—/z0 Credit Co . C)D PM t CNO,mwt j(-MA:5 CxrvAPAMY VPAQ-� Amount Paid 001001 208001 Sales Tax �® 001001 220000 Security Deposit .z�tJ -L'•'C 001501 362100 Taxable Rent f E C? 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services 0-Y J ,r+ Lo. t ic e n re i ck@V 6 d_s Ac.4lalamy 0 Total Paid 3 1c� �5-0` Initials White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Appiicant 147 of 409 a), J zW HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: December 9, 2020 Aqenda Item Title: Plannina & Zonina Commission Fill one expired, regular member position — Term to expire November 1, 2023 Recommendation: Interview, unless waived, submit nominations for on regular member position In response to the City Clerk's advertisement, the City Clerk has received requests to serve from: Robert Hughan, Current Incumbent Louise Kautenburg, Current Alternate Member John Christina, Current Altemate Member David DeVirgilio, New Applicant Attachments: Applications, List, Advertisement Submitted by the City Clerk: Date: 1 ll Z I ZOLU J - 148 of 409 OR JF SEBAST HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Robert Hughan Name: 1211 ' c*sPuf-FX Sebastian, Fla. 32958 Address: City: State: Zip: Telephone: 47 E-Mail Address: �ri�ln I lr „/ v /� LI - �U r A/ Employer: City: State: Business Telephone: (30 ) � y - I am interested in serving on the following boa rds)/committee(s): 1" Choice: 10,L Hl�/t,,1 I I�/G P 7� &XI I (V 6 2"d Choice: Zip: CHARTER REVIEW COMMITTEE (serves only six months, everyfive years — next meeting in 2016) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** {�ex,t} i rYc; TLE- POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) VETERANS' ADVISORY BOARD (temporary) *Filing of financial disclosure is required following appointment **Must be resident one year prior to application. 149 of 409 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) 1J4-,6F 7�-, L:--- -:5, L u; �0 L2" 6 c1 Vt / Why do you want to serve on this board? 7-d���- f 1 Do you presently serve on another City Board or Committee? J\ If yes, please list: Have you previously served on any other City Board or Committee? If yes, please list. I will represent the hest interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ethics.state.fl.us/ethics/forms.htm_i If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 11Z Part 111) and Florida Sunshine Law (Florida Statutes, Chapter286) Statutes may be reviewed at htti3://www.flsenate.gov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. 1 hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions fr m this application may be cause for my application not to be considered. 7/ I Signature of Applicant: /" Date: g pp / Date Received by City Clerk's Office i 1I3 � f �' by: 150 of 409 Robert H. Hughan Jr. 1244 Larkspur- Street, Sebastian, Florida 32958 Professional Land Surveyor, Florida License # 3570 City of Sebastian Planning and Zoning Board: Employment: ❖ Appointed as an alternate 12/ 16/2015 ❖ Reappointed as an alternate 2/22/2017 + Appointed regular member 11/2017 *2 Vacancy 11/2020 I wish to remain as a regular member for the next term. Retired from the Florida Department of Transportation October 31, 2011 CH Perez and Associates (Part time one day a week plus or minus) Surveying & Mapping Marketing Manager/Quality Assurance/Quality Control November 1, 2011 to Present Responsible for developing and executing strategies for marketing survey services to clients throughout Florida. Responsible for Quality Control and Quality Assurance of all surveying efforts. Prepare scope of services for survey services. FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT IV (FT LAUDERDALE) District Surveyor, Febuary2002 to October 3 t", 2011 Provide coordination of all survey work and photograrnmetry services in the District. Responsible for reviewing all surveying assignments and/or accomplishments of in-house and consultant crews, as well as preparing all scope of services for consultant survey services. Ensure that all surveys performed were in accordance with Florida Statutes, Chapter 61 G 17, Rule 14-17, Florida Administrative Code and all other pertinent rules and regulations. Responsible for the advertisement, selection, management and review consultant services in Right - of -Way Control Surveying & Mapping and Design Surveys as related to FDOT's production goals. Set and maintain production goals for surveying services. Direct the management of all operating budgets for consultant services in the Right -of - Way Control Surveying & Mapping and Design Surveying. Supervise and manage 16 employees. Responsible for developing in-house budget and Strategic Plan in support of the Districts Work Program for surveying projects. Provide advice to consultant surveyors regarding policies, specifications, and special requirements for Design and Right -of -Way acquisition surveys. Provide expert testimony regarding survey matters within the District. Other duties include meeting with other agencies as well as other FDOT Departments in the coordination of the land surveying activities in the District. Possess knowledge of FDOT's field data collection, office processing software, GIS and EDMS systems. 151 of 409 FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT VI (Miami) District Location Surveyor, June 1994 to Febuary2002 Provide coordination of all survey work and photogrammetry services in the District. Responsible for reviewing all surveying assignments and/or accomplishments of in-house and consultant crews, as well as preparing all scope of services for consultant survey services. Insured that all surveys performed are in accordance with Florida Statutes, Chapter 61 G 17, FDOT Location Manual, Rule 14-17 (formerly Policy 057), Florida Administrative Code and all other pertinent rules and regulations. Responsible for the advertisement, selection, management and review of consultant services in the area of CEI Surveying, Right - of -Way Mapping, Right -of -Way Control Surveying & Mapping and Design Surveys as related to FDOT's production goals. Possess knowledge of FDOT's field data collection, office processing software. Directed and managed all operating budgets for consultant services in the areas of CEI Surveying, Right -of - Way Mapping, Right -of -Way Control Surveying & Mapping and Design Surveying. Supervised and managed 14 employees. Certified Right -of -Way staking for acquisition and other purposes and advised consultant surveyors regarding policies, specifications, and special requirements for Design and Right - of -Way acquisition surveys. Assisted the District Land Surveyor in the preparation of budget issues, expert testimony and all other survey matters and net with outside agencies, counties, and other FDOT Departments in the coordination of the land surveying activities in support of the District Design efforts. FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT VI Assistant District Location Surveyor, August 1984 to June 1994 Assisted the District Location Surveyor in the planning and coordination of all survey work in the District and supervised and managed in-house and consultant survey crews. Design Production goals. Assured that all surveys performed were in accordance with Florida Statutes, Chapter 61 G 17, FDOT Location Manual, Rule 14-17 (formerly Policy 057), Florida Administrative Code and all other pertinent rules and regulations. Supervised and managed 14 employees. Certified Right -of -Way staking for acquisition and other purposes in the District Design efforts. Advised consultant surveyors as to policies, specifications, and special requirements for Design and Right -of -Way acquisition survey and assisted the District Location Surveyor in the preparation in the coordinating land surveying activities in the District. MISCELLANEOUS SURVEY AND ENGINEERING FIRMS Party Chief 1968 to August 1984 Responsible for boundary, subdivision, construction layout, quantity and miscellaneous surveys. MIAMI DADE JUNIOR COLLEGE September 1966 to 1968 152 of 409 UNITED STATES COAST GUARD September 1962 to September 1966 153 of 409 Florida Department of Agriculture and Consumer Services Division of Consumer Services Board of Professional Surveyors and Mappers 2005 Apalachee Pkway Tallahassee, Florida 32399-6500 800HELPFLA(435-7352) or (850) 488-2221 January 5, 2015 ROBERT HOWARD HUGHAN JR 1244 LARKSPUR ST SEBASTIAN, FL 32958-8846 SUBJECT. Professional Surveyor and Mapper License # LS3570 Your application / renewal as a professional surveyor and mapper as required by Chapter 472, Florida Statutes, has been received and processed. The license appears below and is valid through February 28, 2017 You are required to keep your information with the Board current. Please visit our website at www.900helpfla.com/psm to create your online account. If you have already created your online account, you can use the website to maintain your license. You can also find other valuable information on the website. If you have any questions, please do not hesitate to call the Division of Consumer Services, Board of Professional Surveyors and Mappers at 800435-7352 or 850488-2221. Detach Here -Detacn- Here - - - ---------�------------------- ------------ Florida Department of Agriculture and Consumer Services • Board of Professional Surveyors and Mappers LS3570 Professional Surveyor and Mapper ROBERT HOWARD HUGHAN JR IS LICENSED under the provisions of Ch. 472 FS Expiration date: February 28, 2017 4 '- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - -- Florida Department of Agriculture and Consumer Services Division or Consumer Services License No.: IL S3570 Board of Pro€essional Surveyors and Mappers Expiration Date February 28, 2017 2005 Apalachee Pkway Tallahassee, Florida 32399-6500 ��� .. Professional Smeyor and Mapper License Under the provisions of Chapter 472, Florida Statutes ROBERT HOWARD HUGHAN JR 1244 LARKSPUR ST SEBASTIAN, FL 32958-8846 ��... of 409 ADAM N PInNAM HOME OF PELICAN I5LAND FEB 13 ;nf City of Se APPLICATION TO SERVE ON CITY BOARD/COMMITTEE City Clerks pta�e {AI! Citv Board and Committee Members Must be Residents of the Citv of Sebastian) NAME: HOME ADDRESS: r aOR PHONE: E-MAIL:led , BUSINESS:._rVk4,,,eJ1 ,d_ d %d i;4' BUSINESS ADDRESS: BUSINESS PHONE:�� BUSINESS FAX 3-`� E-MAIL- ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? L HOW LONG? XyfZ: DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? -A/2) DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDSICOMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years - meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary -- meets during summer) CONSTRUCTION BOARD (permanent board - meets once a month)' HANDICAPPED SELF -EVALUATION COMMITTEE (permanent board— meets quarterly) PLANNING AND ZONING COMMISSION (permanent board— meets twice a month)' POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)' PARKS & RECREATION ADVISORY COMMI I I EE (permanent board— meets once a month) NATURAL RESOU RCES BOARD (permanent board — meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) Filing of financial disclosure is required following appointment 155 of 409 APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required)_ �iat►Al .vY,S�- 'r t�od A-!fF r �'7 /.LAr,E!7y;-t�r� [�,YAarvRT c� r.J,`�k d'e43 tbn �7;Gz�- A.vAgeuelr Q fP I ES'r4Te_ HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? � I� h,4v>y !`,0 7'�46 4,A+� �4T� d*1 r !Ul ex) csi' /Slc�G1� /�,t/rtlifY� V'-Z'C'i11 o�ti r'.S S�ehe owere 4J�4n�'avU6t /Xeev Y�9rr,7'✓-hP C�/�f��>%. 7h6 IAA0A, A C/hL-� . 4•S� - �14 eq bJ/ LST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: ree A) ,4AvL-1 Aare- .7`Ae_ �a6, r,' 7-o rew,4; ,v -11)0-hA,ve R Se rce,;¢ �',etijse -F '•/"�; r rfzss " vl.tc /4/J6 TO lij? ) r'£S�QJ. d7'jf- r S , .x AR Lf, 14fto 4-�� tie. Lrl�m uJ rA e- Flo i'r;' z147, �ajn` , 019AW,, r,T.v� �•vj of HAVE YOU VER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? .HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE?; WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? _,�rL7 j 197 7A, ,�. I hereby certify that 1 am qualified to hold the position for which this application is made_ Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or commi ee is avaitabi #K uested. Applicant SignatuP Subscribed and swofM Jo before me this ram , daof by who is ersonally know n t me, r has produced ( as identification_ ��Iotary Public, State-o on a ------ Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589-5330 lwp-foWapplicat.wpd rev. 712007 Linda M. Kocher ��Y ° MY COMM. #DD 855321 0PU6UC a EXPIRES: February 16, 2013 156 of 409 CHN OF SETN HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: 'n C 1 S' i SA i�l [7 c q t y: S�f�S�l'iCR n State: Address: � � 1L1`1��} ��� - city: _ Zip: 1 Telephone: E-Mail Address: Ik �'rL�'tSTIRta C S�C4��R��. Employer:���� City: State: Zip: Business Telephone: ( �,6'3 ) `5s L- C)7 I am interested in serving on the following boa rds)/committee(s): 1st Ch o i ce: ?ka n 41 W-ld ze)1) VVA2"d Choice: CHARTER REVIEW COMMITTEE (serves only six months, every five years — next meeting in 2 02 1) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) SEBASTIAN YOUTH ADVISORY COUNCIL (temporary) VETERANS' ADVISORY BOARD (temporary) *Filing of financiol disclosure is required following appointment **Must be resident one year prior to application. 157 of 409 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) Why do you want to serve on this board? Do you presently serve on another City Board or Committee? oc) If yes, please list: Have you previously served on any other City Board or Committee? 00 If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian, I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. htto://www.ethics.state.fl.us/ethics/forms,html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 11Z Part Ill) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at htto://www.flsenate.pov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: Date: Date: Date Received by City Cle s 0ffice 11 17 I f by �/�% [ k0,fY L— 158 of 409 ❑TY OF HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: T A V I' � I), �(I�(-.,, )L1- 0 Address: 1 L 1C j.S L.��� %��- City: ���3 �n S �l �-h: State: f L- Zip: S-s Telephone: ( 77 Z a 6,33 _ -7 4 a E-Mail Address: ✓ r S u ,12� Employer: SQL City: 5e6A-� T. 14-,j Business Telephone: (-772- State: r-- L I am interested in serving on the following board(s)/committee(s): I" Choice: PL,6-d ui Ibb t��zo,)J 1)(, 2"d Choice: Zip: 32--9S pl CHARTER REVIEW COMMITTEE (serves only six months, every five years - next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) SEBASTIAN YOUTH ADVISORY COUNCIL (temporary) VETERANS' ADVISORY BOARD (temporary) *Filing of financial disclosure is required following appointment *"Must be resident one year prior to application. 159 of 409 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your �resume, professional certifications or designations may be attached. J 9-e(_ / cj-.)s-c jD co �.�G2e 1- o0_ Why do you want to serve on this board? Cod fZ.E1i- DLJ% HPo td f�-7 e5 vcc, t,G&v Do you presently serve on another City Board or Committee? k1 L If yes, please list: Have you previously served on any other City Board or Committee? ! i • s If yes, please list: M /9 C J n Z 19 01// 5a e-y Ca -J� I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. httQ://www.ethics.state.fl.us/ethics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics -for Public Officials (Florida Statutes, Chapter 112, Part 111) and Florida Sunshine Law (Florida Statutes, Chapter286) Statutes may be reviewed at http://www.flsenate_gov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. f Signature of Applicant: ,/€ Date Received by City Clerk's Office [ -Z 7-?0Zc7 Date: ✓�L 7 &/Z-6 Z_a by• f 160 of 409 J PLANNING & ZONING COMMISSION 3-YEAR TERMS MEETS 1 ST AND 3RD THURSDAY OF EACH MONTH -- 6:00 P.M. MEMBER NAME AND APPOINTMENT HISTORY ADDRESS [MOST RECENT HISTORY FIRST] Robert Hughan Took McManus' regular member position 1244 Larkspur Street 11/2017 Sebastian, FL 32958 rhughan cDbellsouth.net Reappointed alt member 2/22/17 (305) 498-2947 Took Kautenburg's unexpired alternate member position 12/16/15 Rick Carter Reappointed 5/27/2020 237 Main Street Sebastian, FL 32958 Reappointed 3122/17 focussys(a7comcast. net 918-4600 Took Cardinale's expired regular member position 4/27/11 Took Durr's unexpired alt member position 219111 Reappointed 3/26/14 Tahir (Bash) Qizilbash Reappointed 5/27/2020 103 Barbara Court Sebastian, FL 32958 Bash. Des 6aDgmail.com Reappointed 5/10117 581-0775 Reappointed 3126/14 Took Paul's expired regular member position 4127/11 CURRENT STATUE; Term to expire 11/1/2020 Term to expire 411/2023 Term to expire 5/1/22023 Bill Simmons Appointed regular member 2/12/2020 Term to expire 2/1/2023 509 Drawdy Way Sebastian, FL 32958 Reappointed alternate member 11/20/19 Bsirnmons41(cDcomcast.net (270) 314-3554 Took Alvarez's expired alternate member position 12/14/16 161 of 409 David Reyes - Chair 458 Oak Street Sebastian, FL 32958 Jdr5347(�att.net 453-6157 Joel Roth — Vice Chair 1984 E. Lakeview Drive Sebastian, FL 32958 ioelroth(7a,msn.com 589-6894 Al Alvarez 492 Quarry Lane Sebastian, FL 32958 alalvarez(cDaol.com 532-8767 John Christino - Alternate 182 Spring Valley Avenue Sebastian, FL 32978 i.christino an.sbcalobal.net (772) 202-7812 Louise Kautenburg - Alternate 973 Oswego Avenue Sebastian, FL 32958 Louisek1(cDiuno.com 696-3716 Reappointed 519I18 Reappointed 6/24/15 Reappointed 6/13/12 Took Simmons unexpired regular member position 311111 Took Neuberger's unexpired alternate member position 7/14/10 Reappointed 518119 Reappointed 4/27/16 Reappointed 4/24/13 Reappointed 5/12/10 Took Buchanan's unexpired regular member position 1/27110 Reappointed 11/20/19 Took Dodd's expired regular member position 12/14/16 Took McManus' unexpired alternate member position 11/19/14 Took Mauti's expired alternate member position 12/11/19 Appointed alternate member 2/12/2020 Reappointed regular member 2/22/17 Took Durr's unexpired regular member position 10/14/15 Reappointed 118114 Took Hennessey's unexpired alternate member position 3/14/12 Term to expire 6/1/2021 Term to expire 5/1/2022 Term to expire 111112022 Term to expire 1/1/2023 Term to expire 11/112022 revised 5.27.2020 162 of 409 HOME Of PELICAN ISLAND November 2, 2020 Contact: City Clerk's Office 388-821 PRESS RELEASE PLANNING AND ZONING COMMISSION The City of Sebastian is seeking applicants to fill an expired, regular member position - term to expire 11 /1 /2023. This is a volunteer position. Applicants must have been a City resident one year prior to application and fife annual financial disclosure. If Council fills a regular member position with an alternate member, Council reserves the right to fill the alternate position with the remaining applicants. This Commission meets on the first and third Thursday of each Month at 6:00 p.m, in the Council Chambers, 1225 Main Street, Sebastian. Applications are available in the City Clerk's office, City Hall, 1225 Main Street, Sebastian, between the hours of 8:00 a.m. to 4:30 p.m. or at www.citvofsebastian.ora and will be accepted until November 16, 2020. U MM 163 of 409 ern SEB� HOME Of PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: December 9, 2020 Agenda Item Title: 2021 Charter Review Committee Appointments Backqround: City Charter Section 5.03 provides for the review of the City's Charter every five years by a fifteen member committee appointed and funded by the City Council. The Committee shall present their recommendations to City Council within six months from the date of their formation for possible placement on the November 2021 ballot. Recommendation: 1) Each Council Member to confirm or announce their two appointees: Mayor Dodd — Grace Reed & Michael Goodfellow Vice Mayor Hill — Council Member Jones — Larry Napier & Karen Jordan Council Member Nunn — Sharon Herman & Patti Sullivan Council Member McPartlan — Louise Kautenburg & Beth Mitchell 2) interview unless waived; submit nominations for five at -large members. Applications have been received from: Kathy Brothers Amber Cerda John Christina Kelly Darmetko Vicki Drumheller Bruce Hoffman Linda Kinchen Sherrie Matthews Francine McElhenny Mary McGee Terrance McGinn David Newhart Nancy Veidt Leslie Anne Wayment If Agenda Item Requires Expenditure of Funds: FY20121 - Hearing Notices (amount unknown at this time) FY21122 - Ballot Pages (amount unknown at this time)(To give an idea, 2020 SOE contract provides for 50c a ballot and any referendum exceeding print area allowed will be an additional 350 per registered voter ) Attachments: 1. Charter Sec. 5.03; Code Sec. 2-231 & 2-232 2. Applications 3. Advertisement 164 of 409 Sec. 5.03. - Charter review committee. Not later than April 15 of the year 1999 and of every 5th year thereafter, the city council shall appoint a charter review committee to review the Charter of the city. Each charter review committee shall consist. of fifteen (15) residents of the city. The committee shall otherwise be appointed in the manner provided by the Code of Ordinances. The committee shall be funded by the city council and shall be known as the "City of Sebastian Charter Review Committee." It shall, within six (6) months from the date of its formation, present to the city council its final recommendation for amendment of the Charter or its recommendation that no amendment is appropriate. If amendment is to be recommended, the charter review committee shall conduct two (2) public hearings, at intervals of not less than fourteen (14) days, prior to the transmittal of its recommendations to the city council. The city council may by ordinance submit any or all of the recommended amendments to the electors for vote at the next general election held within the city or at a special election called for said purpose. Sec. 2-231. - Appointment. The 15 members of the charter review committee, as established by section 5.03 of the City Charter, shall be appointed in the following manner: (1) Each member of the city council shall appoint two city residents to the committee; and (2) The remaining five members of the committee shall be appointed by the council as a body in accordance with the general provisions for selection of membership of city boards and committees. The announcement of the individual appointments, and the selection of the at -large members, shall occur at the second regularly scheduled city council meeting following the seating of the newly elected city council of the years designed in the Charter for formulation of the committee. There shall be no limit on the number of times a resident may serve on this committee, nor shall any member of another city board or committee be prohibited from concurrently serving thereupon. Sec. 2-232. - Operational procedures. The Charter review committee shall hold its organization meeting in the week following formulation of its membership. At said meeting the majority of the members present shall select a chairman and a vice-. chairman. The selection thereof, and the operations of the committee, shall be carried out in accordance with the established general procedures for boards and committees of the city. At said organization meeting, the committee shall establish the time and frequency of its meetings. The city attorney shall be advisor to the committee and the city clerk shall provide secretarial services to the committee. After submitting its final recommendation, which shall occur within six months of the committee's formulation, the committee shall have a final meeting in the week following city council action on said recommendation and shall thereafter be dissolved. 165 of 409 On ��rX SEE S —NN ,ter, HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: VOA" &e 5 Address: `J 4A ika-u - City: State: V Zip: 3ag6$ Telephone: (L9-1 6 ) � - 3Ui3 .a E-Mail Address: _VL31. {r'L+�.5 l(:, Employer: City: State: _ Zip: Business Telephone: I am interested , in serving on the following boa rds)/committee(s): 15t Choice: l.lr 1aAJiJC U t LLJ 2" Choice: CHARTER REVIEW COMMITTEE (serves only six months, every five years — next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* ** POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD *Filing of fin onciol disclosure is required following appointment "Must be resident one year prior to application. 166 of 409 r Please summarize special skills, qualifications, or education you have acquired forth is appointment: (Your resume, professional certifications or designations may be attached.) Why do you want to serve on this board? i.x yv I1 bk ku -VO 'fit L&M n) LkAA,, , rVk-J, CAAi . Do you presently serve on another City Board or Committee? n U If yes, please list: Have you previously served on any other City Board or Committee? LA Ll-k If yes, please list: n6 w,O-A � -� --'UDC-C-v I will represent the best interests of the entire City while serving as a board member. 1 hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. httr)://www.ethics.state.fl.us/ethics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part 111) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at httn://www.fIsenate.vov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant:. � 1.�- �V`� Dater I / LIZ, IA v Date Received by City Clerk's Office (j ' f %_ �? U by: JoJtLb-ojY,,a 167 of 409 Kathryn Ann "Kathy" Brothers 569 Ray Street Sebastian FL 32958-4245 615-438-3632 Education University of Kentucky, Lexington, KY. B.A., political science, with highest honors, Phi Beta Kappa. J.D., College of Law. M.A., Patterson School of Diplomacy and International Commerce. Career Held progressively responsible positions in Nashville TN banks, including Bank of America and Regions Bank. Focused on commercial real estate, commercial lending and commercial credit. Began as a Credit Analyst; retired as Chief Credit Officer in 2013. Part time instructor for Risk Management Association (RMA), the premier banking education and training organization. Currently teach Commercial Loan Documentation and Construction Loan Management. Practiced real estate law as founding member of boutique Nashville area firm. SCUBA instructor (trained with EASE in Vero Beach). Previous Board Experience Treasure Coast Navy League, Board of Directors. Chair and Finance Committee Chair for Comprehensive Care Center, Nashville, TN, a nonprofit medical center for HIV+ patients. Vestry member, Junior Warden and Finance Committee chair at Nashville area Episcopal Churches, most recently at St. Ann's. Volunteer for Hands On Nashville; Nashville Humane Association. Past and Present Memberships Kentucky Bar Association, Tennessee Bar Association, American Bar Association Other Skills Specialized negotiation training; proficient in major computer software 168 of 409 CITY OF SEA►-�'�A�V HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You mayreapplyfor succeeding terms upon term expiration. Name: �1�►er�C.1 t;l Address: `rT �J� � �� � f�,rl v�, City: C'� � State: Zip: 32cl _JU Telephone: (� I �) L� -59 E-Mail Address: c(m 1er) u� 4 1� ') P � I (Vi 11� C bl `� (' 1 j J t(� v rn �/�. Employer: N\ Jk��1O i C k t (-A � I 1 _ W l t�11 1� City: VP \�4(� 1 L 1 State: Zip: Business Telephone: (I I j Y I I 22— I am interested in serving �on the following �boa rd(s)/committee(s): (1 �� 1" Choice: �C U l� 1�� �i�J�� 2"d Choice: '..�1 L&y f er ke-V I tw CHARTER REVIEW COMMITTEE (-serves )only ix months, everyfive years -- next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) SEBASTIAN YOUTH ADVISORY COUNCIL (temporary) VETERANS' ADVISORY BOARD (temporary) `Filing of financial disclosure is required following appointment "*Must be resident one year prior to application. 169 of 409 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) law- 020 Why do you want to serve on this board? ` �MA 4-o VV MO(e M 6A � n N o cd Nv 4t toA�)-�-�V W�� r 4 Do you presently serve on another City Board or Committee? \kS r If yes, please list: OA-b- -,eRs '�ocy+�u���'�w pAk' 'mi,� Have you previously served on any other City Board or Committee? If yes, please list: will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ethics.state.fl.us/ethi s/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part ill) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.fIsenate.gov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false s tements or omissions from this application may be cause for my application not to be considered. 4 Signature of Applicant- (_ � f c c, , +Date: Date Received by City Clerk's Office b / Z 3' / � by: W Ai..nLWW 170 of 409 CITY LT SE _Tt_ N HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: t,b�, R r I ST i`�n Address: L 9,2 ri n 4Jkheq Pv-de_ City: SQ1-n��4l.ct n State: _. - Zip: Telephone: ( —1_V2- ) 20'7— —i e 1 -,? E-Mail Address: t �- 1c_J-lfir) nD JCC���k,VicA- Employer: te-N-( J City: State: Zip: Business Telephone: ( 2-��J ) `]J la- Lh' J r)-9 I am interested in serving on the following boards)/committee(s): 1'` Choice:?l(Xt(`.F111 V9 2'd Choice: CHARTER REVIEW COMMITTEE (serves only six months, every five years - next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) SEBASTIAN YOUTH ADVISORY COUNCIL (temporary) VETERANS' ADVISORY BOARD (temporary) *Filing of financial disclosure is required following appointment "Must be resident one year prior to opplication. 171 of 409 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) CC!KCA- rckc�-c> c coc 3e-OLVS C& C3 UZ �l l n C3i _ Cl Z O ru 1 11 Gc) �� ���r� CO- l � Y 1 CGcb M [ n. -- 4?� ntD� cc Av-?aA h '� G t n ci Why do you want to serve on this board? y ViC is�i rn �►rY1 �� v tR 1 t CA R6 vv1 l &-� 1P` ce - . Do you presently serve on another City Board or Committee? 0CD- If yes, please list: Have you previously served on any other City Board or Committee? If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing 'volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. htti)://www.ethics.state.fl.us/ethics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part 11i) and Florida Sunshine Law (Florida Statutes, Chapter 28b) Statutes may be reviewed at httr)://www.flsenate.�zov/statutes I understand 1 must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board, I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: Date: Date: Date Received by City Cle sOffjce j i' 7 �� C1 by �A,%r dk0' ,t1rl/,_ 172 of 409 CH), cc SIET" HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 11.9.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: Kelly Darmetko Address: 617 Rolling Hill Drive, Sebastian, FL 32958 Telephone: 548-942-9623 E-Mail Address: kdarmetko@att.net Employer: John Hancock Financial Services City: Boston, MA (FT remote worker) Business Telephone 617-663-3252 I am interested in serving on the following boa rds)/committee(s): 1" Choice: Charter Review Committee 2"a Choice: Veteran's Advisory Board CHARTER REVIEW COMMITTEE (serves only six months, every five years — next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* PLANNING AND ZONING COMMISSION* ** POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD *Filing of financial disclosure is required following appointment **Must be resident one year prior to application. 173 of 409 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) Resume attached why do you want to serve on this board? I want to serve within in my community to maintain and improve the quality of the City where I litre. Do you presently serve on another City Board or Committee? no If yes, please list: Have you previously served on any other City Board or Committee? no If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ethics.state.fl.us/ethics/forms.htmi If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part 1/1) and Florida Sunshine Law (Florida Statutes, Chapter286) Statutes may be reviewed at http://www.fisenate.gov/statutes understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: 4' A" Date: 11.17.20 Date Received by City Clerk's Office /( /1 i i'Z 0Z U by: 4 b jj.b-t'zy z 174 of 409 Kelly A. Darmetko 617 Rolling Hill Drive, Sebastian, FL 32958 Telephone: 508-912-9623 Email: kdarrnetko(i4att.net EMPLOYMENT John Hancock Financial Services - Boston, MA/Remote Compliance Consultant 10108 —present • Manage oversight group for evaluating allegations of fraud and misconduct of external brokers. review findings and recommend action against appointmentsllicensure to restriction/termination, Work with DOIIDFS related to confidential investigations of producers including SEC, FINRA, etc.; Maintain online repository (SharePoint) of case reviews. investigation, response letters and findings; monitor agent misconduct dashboard to identify negative news and take action where necessary. • Maintain and oversee delivery of annual compliance training across the business including updating the AML program. • Quarterly metrics reporting to senior star; Contact person for regulatory and state departments of insurance inquiries and investigations; Key contact for licensing questions and escalations regarding restriction/termination ol'producers. • Provide support to Operations and other business units regarding fraud, policies, and business procedures. Work closely with legal Ior opinions and project work related to producers. • Work with business units, privacy area and legal to develop best practices and implement process changes, training and system implementation where necessary. Responsible for annual inherent risk and unit self -assessment reporting. • Analyze transaction monitoring alerts and recommend filing SARS and state fraud referrals where necessary. • Mitigate loss and risk by analyzing and identifying inefficiencies and gaps in current processes. Contribution in KYC process development and customer identification process, restricting online registration, overnight delivery process, etc. Support implementation of new functions and monitoring services in providing AML expertise and direction. • Experienced in AML Compliance (KYC) procedures and internal risk assessments. Ability to identify suspicious activity, interpreting transaction patterns, perform enhanced customer due diligence (ECDD) to assist in SAR things • Oversight ol'quarterly QA of all AML transactional reporting; identify and resolve findings; work to implement stronger controls and collaborate with management to ensure additional training of staff when necessary. • Collaborate with auditors/examiners, provide reporting and concise documentation as it relates to audits in progress. Perform follow-up with management to ensure policy changes/modifications to any findings or recommendations are implemented and documented. • Successfully collaborated and implemented agent review too] using in conjunction with data analytics team; project team to identify global use of DA for agent monitoring. • Key contact person for all fraud, ATO and suspicious activity within business unit. • Obtain suitability certificates from selling firms on an annual basis; red nag those outliers who do not respond. • Fully engaged brand steward with a strong work ethic and collaborative mindset. Strong leadership skills among working groups and project teams. Day State College —Taunton, MA Campus Adjunct Instructor 05114 --- 08115 • Served as adjunct instructor and tutor to undergraduate students within business studies. Beverly Yacht Club, Marion, MA 10103 — 08108 Mernhership Services Manager • Supported 500f memberships in private club setting of diverse, elite clientele. • Worked with club committees on activities. onshore and private functions, newsletter, mailings. yearbook and calendar. • Maintained club websitc and produced event brochures, posters and materials for each function. Liberty Mutual Insurance Croup, Boston, MA I2187— 03102 Sr. Executive Secretary/Business Analyst, Business Sales • Administrative support to President of Business Sales including sales event planning, sales reporting and compensation. • Training meetings including material prep, travel and venue bookings, travel reimbursement and event closure; travel when required. EDUCATION/ADDITIONAL: • MBA - Southern New Hampshire University • BS Business Management —Bay State College: awarded Presidents Award for Excellence • Session Speaker (a� 2013 LIMRA Compliance Conference - Baltimore. MD • Session Participant (�) 2018 CEFLI Conference —Denver, CO • SEC, FINRA. CEFLI and LIMRA affiliate member • State of Florida Vice President — Ladies Ancient Order of Hibernians 175 of 409 CM cy HOME OF PELICAN 15LAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions reiating to law enforcement may request that their physical address and phone number remain confidentia#. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: V_ ) f"Y�.0 Address: Al ven-� ~� rr City: State: Zip: �� GI c; Telephone: ( �� % } 7/ 3 - 7 -2 _ -3 E-Mail Address: i c `.�� { ] ti�i�E t'1l 6�F' I ] rt ] CA I E C CGY�'t Employer: I'af- tc_ �C`�1� i,c —LLC— City: C- �'JC� 1 ��-, State:--- Zip: Business Telephone: ( � �� } � ► � - % � �� I am interested in serving on the following /board (s)/committee(s): 15` Choice:.,il.� T�e i'`Ie4t/ C.�iit�tr�l2" Choice: ���-( �_ S i F�E'L'�� Ci?C 1 6.��G:I Sc CHARTER REVIEW COMMITTEE (serves only six months, every five years — next meeting in 2022) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD` i NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION` POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD 'Filing of financial disclosure is required following appointment •Mwl be resident one year prior to application. 176 of 409 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached,) 1 I YYLkn rA r,W ► Vv1 �1)-�' vn CD AYY1 Why d you do want to serve on this boardL/Y� (YO-11f IJ el� -r - r� r -- C 3�cc V� d APe- 40 I,(-) E Do you presently serve on another City Board or Committee? i\11 If yes, please list: Have you previously served on any other City Board or Committee? 1\_i /) If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian, I give permission for the City of Sebastian to use my photograph for publicity purposes (uniess requesting exemption). if required for this board, I consent to the annual filing of the Statement of Financial Interests. http;//www.ethics.state.fl.us/ethics/forms.html If appointed, i acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Port 1l1) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.fisenate.pov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: />f,rff � i cGL"V- � Dater Date Received by City Clerk's Office 11 ZO by: c (�� AFL 177 of 409 NTICTORIA DRUMHELLER 349 joy I lave n Drive Sklmuan, I'I.. 32958 Cell: 772-713-7273 N'icki.cl]'ut3thellerrtt@gtt3ail,com �— To provide, geriatric clinical set -vices to individuals as private case manager. k i7h.RIENCL 'I rr assist hralthcarc organixatiom,; on an interim basis, and assist Part B providers xith regulatory assistance for surveys, accreditation, rev;sions / updates for police' and pre.)cedure. Medicare appeals process revie-ws, and inscmce education. To promote excellence in geriatric. care and aging in Glace for seniors. 1 have extensive experience across health care cart continuum. having z;�anagcmcnt experie:)ce in lung terra care. AL , SNF. Comprehensive Outp;.tient "Therapy 1 acilin. Iiome Health Care and inpatient rehahiiitiation. 2012 -2019 Aloha Horne Care, Florida locations, BUSINESS ACQUIRED BY N_ TIONAL ORG ANIZATION APRI1. 201 q C hil Opern1ing q#i(-rr1 AI uiiggiq Pariner Mamiging clinical csg)t•rI6OJi::, program developirient, compliance, marketing, I11PRA, I'ducational initiatives and fiscal responsibilin' of lli ,trict ? and 9 Horida providers.. 2014: Managing P trtner anti COO District 7 agency 2/2015-20J9. I ,)bile Phti'sicians Group, Inc. BUSINEISS ACQUIRFl) BY i1ATIONAL ORGANIZATION APRII. 2019 .•�f�f.�lifli!•iraJ1G7'/l�itJJiil�tll� 1�1J)'Ir;F7' managed Floricla =Medicare certified health care clinic providing horns nwdical care using _1PRNN'> to zenior, 1vi[h multiple chronic dieca- tes and tl�c3*i �titly difficult% leaving home for medical sc'r6'CcS- I'mimArily 178 of 409 Medicare busiuiess %x idi integration of private insurance contract to 2018. 3/2010- current Marvic Consulting Services, I_1.C, Sebastian Florida President% Co,sullanl Om-nerlprincipalof consulting services to health care organizations and individuals seeking private case management. Assisting with regulatory compliance; police and procedure review and development; clinical record audits; assist with Medicare denial appeal process for fart B providers; provide in-service education to staff in ALI: and group living homes; provide RN assessment services for ALF residents; provide interim servier to SNF, ALF, and CORF for clinical management. 2002- 3/2010 Mederi Caretendcrs Visiting Services division of Almost Family, Louisville KY Vera Beach, F-1- 6/2007 iirce President of Florida Operations ■ Oversee clinical operations for 26 Florida agencies with annual budget of 96 tn. hon dollars ■ Responsible for program implementation, assisr \vith development, budget preparation, professional recruitment, operational training of agency managers, oversee quality and compliance initiatives r Directly work " ith AdnUmstrators, Directors, and sales staff to achieve desired results in growth, compliance, jualirv, and contribution 1_xeculim Direclor: 2004-2007, Drre4lor of Pro 'essional 3'enice.r 2002-2004 a Oversee operation of m,o agencies, five offices, budget of over 12 trillion ■ "l.'ransitioned "vo provider acquisitions in Gainesville and Orlando • Responsible for operations/sales/clinical programming for Southeast Honda • Performed sales training, increased agency revenue to 200% of budget in 24 months. ■ Deftcienc'v —free surveys in all offices, successful 1C AHO survey ■ Developed Specialty protocols for diabetes, uralop-, and Ah.heiiner's disease, developed collateral sales materials for Agency. it Provided community education and staff education ■ Worked directly -'.pith physicians to educov and sell program product • Moved agencies to posi€ive outcomes above state and national indices in all reported home care outcomes 2 179 of 409 2001-2002 l-lealthsouth Rehabilitation Hospital, Vero Bcach, l`L Charge Nurse, Neuro Unit ■ hlcntoring r.rf facility nursing manageme t team, consultant ■ F,ducation of staff for docw-nentation, compliance, assessments ■ Participation in audits and regulatory surveys, participation in all 'Medicare denial hearings 1999- 2001 Palm Gardens Vero Bcach, F1, Director ol-Niersir{,q Services it Responsible for nursing operations of ISO bed SN1' • -Managed depart.rrient of 140 emp)oyees r lniplemcntt d employee rr.tention program, advanced nursing assistant training ■ Achieved rvgulataq sus-•eys in substantial compliance during tenure as director w Worked ,vith nurse practitioners to bring better primary quality care to long tear) care patients ■ Began caregiver support groups on site for families, devcloped famill- orientation program 1996-1999 r'incor, Inc. Vero Beach, H-, Admim'sImfor • Responsible for daily adrninistration of comprrhensive outpatient rehabilitation facility and marketing of programs ■ C;reatcd protcicols with physicians for orthopedic and sieurr7logic care ■ Developed and maintained policies and procedures for compliance with state and federal replatont agencies r Mamgred primary therapy business x6th psycholog services ■ Worked directly ,,,ith phs•siciams to market utilizatioin of CC)RI. services for daN hospatttl 1995-199 7 Mcdcri Borne• l Iealth Care Vcro iicach, Fl. Dire -tor- of Clirrical.Servi�-e-r ■ ()pcncd cerufied 'Medicare: home care branch, performed marketing activities in cojnmmn1n• for start up branch 111ge;icv. s assisted ,vith initial 1C AJ-10 sun,c} u7th certification obtained • Responsible for dcvelopm(:nt of clinical paths and care- . Maintained operational responsibility and became fiscally independent within fire nlonth� of opetung ofhcc 3 ff-MIMMUCE 1992-1995 Integrated Health Services Vero Beach, FL Director of I4'arrsiq ■ Opened sub -acute unit, prepared clinical staff for increased acuity ■ Developed restorative nursing program • implemented programs specific for cognitively impaired seniors R Initiated Alzheimer training for Facility staff • Achieved Superior rating during sun-ey, facility was on conditional licensure when position was accepted ■ 110 bed facility with 30 beds Medicare Certified 1990-1992 RNT Home Health Care Ft. Pierce, Fl, Direclor of Nursiq ■ Opened Medicare Certified Agency ■ Built agency business from 0 -visits to 700 visits per week in first year of operation ■ Received no deficiency survey can state and Medicaxe survey ■ Performed marketing acdvitie , patient care xctivides, and administrative function through the start up of this agency ■ Assisted with orientation and completion of police and procedures for compliance \vIth federal and state la«vs EDUCATION --- —-1997.1999 Kennedy -Western LTltiversit), ■ Master of Science, Health Care Adtnitiistration ■ T1lesis: "Health Care for Women Throughout the Lifespan: Fiscal Impact, of Disease Management versus Preventive Care and Control of Risk factors" 1989-1991 Columbia Universin- Bacheior of Science in Health Sen•ice Adntutis=tion, Minor in Communications 1989-1990 University of New fork Associate Degree ui Nursing- 1972 St. Joseph's Hospital School of Nursing Diploma in Nursing RN License, State of Florida: RN 2564832 4 181 of 409 ^ _ - \X ilcllife rehabilitation, German Shepherd dog; , carcgivcr support group-, specifsc to AD and 11) cbaglmsis, Cottjinuttit�, presentations on varioUt, senior health care topics, Leading, gardening, successful long Certified C:asc ' lanagrr. 2t113 recertified 2018 ( crtificatc• in C)ualit� REanagctnrnt, 1998 I:T U Extension (:ertifled Cleronrolopcal Nurse. 1997, rc•cc•rtitied 2007. rrcctified 2(112 reccrtif ud 2016, American Nurse Credentialing Center 1=londa I)cp:rtmcnt of Elder Mfairz, Certified Alilteu7lrr Disease Instructtor Served in 15 Arrn� Rtscn-e, Honorable discharge 19-,6- 19811 ] atilitator .of ni ,nthl� caregiver supp(,rt groups feu :1lnccimcr and lIarl hmon! Disease since 1986 Produced mid hosted a heal radic) she,av for one year "Getting Well, St:n-ing \\'ell" on WiTli, Vero Beach. FL. Nleniher, l lumane Socwt• - of \-cro lie:uh I-Onner Vice President, Board of Directors , ,1ialicimer harkinson Moeiadon of l ndwn Rig ear Coun, Past ]'resident of ( Qanhaibn far 1l1 Years, f:hair c)f llrogram Committee 4uccessful coml)letioc, ofALI• CORE trainer];, 1997 limner Member, Area :Aging .1civ-tsnn• Council, Palm Beach, 1-10da _Author of 14v I Iour AShchuer Curricula for Ilome Care. produced by NEVCO production: D 106 hot„n• Public. State of Florida Computer skills: Xindows , I-.xccl, \N ord, Outlook, 11aa-cipoins, MAC devices Member. .1dvisnrz- (:ouneii, Fast Central Nfumon Disurcivr Clinic, Melboureec, 1=1, Cernfvd in Home (:are (.ocl;ng, I ICS-D 20117, Certified in (MS1S, 2010 5 182 of 409 CITY or ,SIEBASTIAN HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection, In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: RQ0C K_ A C) F (- M " Address: ZO A--\4 City: 755171r4S7)*4 State: �C— Zip: 7 Telephone: ( -7 Z ) /If - 3' S' 7 E-Mail Address: Urv'6 WtaN Employer: r-eTtt,6 A City: State: Zip: Business Telephone: t ) - I am interested in serving on the following board s)/committee(s): 1" Choice: �rl i�r 7J< FYV 1 f 10 CbNlf0- 2"d Choice: CHARTER REVIEW COMMITTEE (serves only six months, every five years —next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* ** POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD *Filing of financial disclosure is required following appointment "Must be resident one year prior to application. 183 of 409 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) 5Fa�v�� x�S C F & 7RL151 f !!L 0I:7 Why do you want to serve on this board? Do you presently serve on another City Board or Committee? W5 If yes, please list: ,ygw8ele 6-F, % WZUfefi"--;1 AbVIs6r\J C� Have you previously served on any other City Board or Committee? If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. htti)://www.ethics.state.fl,us/ethics/forms.htm] If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 11Z Part 111) and Florida Sunshine Law (Florida Statutes, Chapter28S) Statutes may be reviewed at http://www.flsenate.RQvv/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: &t"Ki� Date: r Date Received by City Clerk's Office � -Zq -.Z OZ 0 by: (�[ �r 1 �} , _ 184 of 409 j HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: 1 nl Aj4 �� N G he_rJ ��-- / Address: I 9 0 U �,� � S T' City: ,l C'� t$�.9N State: i L� Zip: _/ S U Telephone: ( 7 7 _� ) 6_� 5~�j E-Mail Address:bn 1_A::/-3 f✓ /SDI' C- 0 ref Employer: City: State: Zip: Business Telephone: ( ) - I am interested in serving on the following boa rds)/committee(s): I" Choice: [ 11--�J A A ��1� / 1 e. IJi e GkI znd Choice: CHARTER REVIEW COMMITTEE (serves only six months, every five years — next meeting in 2016) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL. RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) SEBASTIAN YOUTH ADVISORY COUNCIL (temporary) VETERANS' ADVISORY BOARD (temporary) 'Filing of financial disclosure is required following appointment "Must be resident one year prior to application. 185 of 409 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) Yk S ' Why do you want to serve on this board? , > / � ,4 G/ r/ I /U /J c l-) A- /Q ✓7� . Do you presently serve on another City Board or Committee? Pv o If yes, please list: Have you previously served on any other City Board or Committee? �) �E� �ifTr�d If yes, please list: �,� i1S) P 412) I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. litLp://www.etliics.state.fl,us/etliics/foi-iiis,htiiil If appointed, 1 acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part 111) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.flsenate-gov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: `��/� `—�` Date: / j ":23 Date Received by City Clerk's Office /0 -•ZV -• ZU Z t3 by: &IVIA 186 of 409 F crrY OF �" HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may recluest that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name. Sherrie Matthews Address: City: Sebastian State: FL Zip: 32958 Telephone: ( 772 ) 473 - 6757 E-Mail Address: smatt0618@comcast.net Employer: Retired city: N/A State: Zip: Business Telephone: ( ] - I am interested in serving on the following board (s)/committee(s): 1st Choice: Charter Review Committee 2"d Choice: Citizens Budget Review Advisory CHARTER REVIEW COMMITTEE (serves only six months, every five years — next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* ** POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD *Filing of financial disclosure is required following appointment "Must be resident one year prior to application. 187 of 409 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) Spent over 35 years writing, developinq and implementing policies and procedures, training manuals and handbooks. Was a state leader in writing rules, standards and policies for the State of Florida Law Enforcement, Dispatch and Corrections disciplines. Held various poisitions on intiative and referendum boards, as well as, chairing many committees throughout the State on leadership and development. Continually worked with city, county ordinance, state and federal laws. Why do you want to serve on this board? To protect our local constitution. To be a voice for the people and businesses of Sebastian, an advocate for the environment and ensure the will of the people is represented in Sebastian City Charter. Do you presently serve on another City Board or Committee? NO If yes, please list: Have you previously served on any other City Board or Committee? No If yes, please list: will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. htty://www.ethics.state.fl.us/ethics/forms.htmi If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics far Public Officials (Florida Statutes, Chapter 112, Part !!l) and Florida Sunshine Law (Florida Statutes Chapter 286) Statutes may be reviewed at http://www.fisenate.&,ov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: Date: Date Received by City Clerk's Office Z3 �0 (1 by: . W4-u , ,J 188 of 409 -nCfASTIAN HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential, Unless requested, that information will be available ;and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: ��Ctr1CIn� Cf1�('l�ir1/1`-� Address: 4,� I Glf��l)� S� City: �flr""� State: Zip: `7� Telephone: E Mail Address: �fUYI[ Employer: City: a on, State Business Telephone: (L`} Tpd xndto� (m Iveukj - 2Pc,4 F 1 Zip: 32 I � I am interested in serving on the following boards)/com 'ttee(s): P ��d Zst Choice: (;{ 11. ' ��0 ( vv �n hoice: V CHARTER REVIEW COMMITTEE {} (serves only six months, every five years -- next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* ** POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD *F&ng of financial disclosure is required following appointment "Must be resident one year prior to application. 189 of 409 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) t'� �A Y(,JAG,�i, .1`) i �iLf �G ' r�t�.r�1 4- 1�� 0 CI�I1'Y �' i�'r _ . i (ain.�ct_� - ilk �-1 i�-4-.P�QnL (JV -P KiJ 'I �ev VY (L(Yi A.-Pic-Ict /411�c m r I ►.lr, f� a I�(1 �, 1 4- r4rit9 i'r 14 3I _ M ��VJ4h(C� .li / t7i ,'c�UL��tni 1Nhy do you want to serve on this boar ? (f �1 . 4 } i ( M- Ck 1L fit. . I jr)-- - -13;1" (A i'� _ � � 11-0 I t' u{ �,1� � �'�� RV -�a A �f e SeY'v"C ` f(,(- I l CS I.jpk, - fir . ► s L + t . Do you presently serve on another City Board or Committee? [,! 4o Ct-x-- OVAL y(" Ye 1'r� 1 f� If yes, please list: 'I � �Z-r�� =� 1�� �t�y�,� ` YY1 i 715 Have you previously served on any other City Board or Committee? If yes, please list: C G will represent the best interests of the entire City while serving as a board member. I herebv waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. httID://www.ethics.state-fl-us/ethics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 11.2, Part Nl) and Florida Sunshine Law (Florida Statutes, Chapter286) Statutes may be reviewed at htto://www.flsenate.gov/statutes understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false s tements or omissions from this application may be cause for my application not to be considered. c y J Signature of Applicant: A-MA4, Q A � � ,���1�'- � Date: Date Received by City Clerk's Office J 1,7620 by: %I �� � � � A n A u r v 190 of 409 :—' FIMM MY of HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: P-)! �q P,-1 il c C r Address: �< <1 -7 8 -1 j :a A u City: S c' �� 4 S r ill 111 State: � c Zip: 3 aq s Telephone: ( 3 1 `I ) 7 I j- - i 3 y E-Mail Address: Employer: &,c -i- i r?-- e D City: State: Zip: Business Telephone: l am interested in serving on the following boa rd(s)/committee(s): 1S' Choice: C �1 A v i e Lj 2°d Choice: P CHARTER REVIEW COMMITTEE (serves only six months, everyfive years — next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* ✓NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* ** POLICE RETIREMENT BOARD OF TRUSTEES* V'PARKS AND RECREATION ADVISORY COMMITTEE '/VETERANS' ADVISORY BOARD *Filing of finoncial disclosure is required following appointment **Must be resident one year prior to application. 191 of 409 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) /, 1,-e,v IN iris-,4U1c, CIr(-./,)L/ o� 5ebgs7-1/-Iu e- v i a OT r l £' 7?2. }9 0 1� i.r/ � Ir W6,2iCe`� �`(�e 5�•; f� i �cr(2N r Nr��slP2Q 1-(A ✓e L'7, b vCer--r I �c,� '.r�A)S f 40T5 or- C'E�4Z cnie's 6 6PPrLPci n.-r,onl P"I;,, SC'r<JIC Why do you want to serve on this board? l iJ V G L. 0 r 12 9 a7 R f E S e v,/0 �> JJ -f-- A, s c a 17 M, -r'Tr L !,I q L) < rt u. c iN 47 o o � Y c:, a- ) a,, :2 C. i I n. rj » a 0 14 '— 4- w-,> , r i-r M 1 10 .4 d 7~ � ), F Utz i e N cr-, K -P- /3 N / -. I A% G- tv i�j; 1-! A. Vr 'C tM LC C G} --t- 9 ti c a I-� h Do you presently serve on another City Board or Committee? A1:: If yes, please list: Have you previously served on any other City Board or Committee? If yes, please list: Jc e o s /, A2 ram ' ' P- L o-A, IS fq(As-51 o� 11 �R(2 ��7�✓� c7`/t7ri35 r �.r � �s r!fa yes -k- V 5rAar/ ii-e SaC05 c 0 >j ; eaz. I will represent the best interests of the entire City while serving as a board member. 1 hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity Purposes (Un CJ.7 % CLr ii CJ ti it C�ci{CT II�JLfC1f!). If required for this board, I consent to the annual filing of the Statement of Financial Interests. htti)://www.ethics.state.fi.us/ethics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part !l1) and Florida Sunshine Law (Florida Statutes, Chapter 28b) Statutes may be reviewed at http://www.fisenate.pov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: "QII c� Date: 10 Date Received by City Clerk's Office 101(q IZOZD by: 4wil CO- 4L 192 of 409 011 C+ SIEBASMA HOME OF PEI.ICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: Terrance E. McGinn Address: 144 Miller Drive Zip:32958 Telephone: (215) 723 - 4333 E-Mail Address: temcginn@vahoo.com Employer: Retired City: Business Telephone: ( ) City: Sebastian State: FL. State: Zip: I am interested in serving on the following board (s)/committee(s): I" Choice: CHARTER REVIEW COMMITTEE 2"d Choice: CITIZENS BUDGET REVIEW ADVISORY BOARD CHARTER REVIEW COMMITTEE (serves only six months, every five years —next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* ** POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD *Filing of financial disclosure is required following appointment **Must be resident one year prior to application. 193 of 409 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) Resume or CV on linked in - httos://www.linkedin.com/in/terrance-mcainn-65075465/ 40 YEARS OF TOP LEVEL ORGANIZATION MANAGEMENT IN FOUR CORPORATIONS INCLUDING A MEMBER OF THE "1 YEAR" AND "5 YEAR" LONG RANGE PLANNING COMMITTEE FOR EG&G (300 MILLION DOLLAR MULTI NATIONAL) VP OF SEALOL GROUP OF EG&G AND AS VP, DROVE TECHNOLOGY ACROSS CUTTING EDGE IN OPERATIONS AND COMPUTER SCIENCES (MATERIAL REQUIREMENTS PLANNING (NET CHANGE), CONTINOUS INFORMATION TECHNOLOGY ADVANCEMENTS FROM IBM 360-178 TO IMPLEMENTATION OF GROUP TECHNOLOGY (TNO), COMPUTER AIDED DESIGN, MRP, CNC MACHINE PROGRAM GENERATION BY FAMILIES OF COMPONENTS, ISO 9001 QUALITY AND EVERY AEROSPACE PROGRAM IN EFFECT. CORPORATE ACQUISITION GROUP MEMBER DURING EXPANSION, MEMBER OF AQUISTION TURNAROUND TEAM FOR 3 ORGANIZATIONS - PRESIDENT OF SMALL PRIVATE GROUP COMPANY INVOLVED IN MANUFACTURING AUTOMATION CONCEPTS, DESIGN AND CONSTRUCTION ACROSS MAJOR INDUSTRIES AND GOVERNMENT MILITARY AMMUNITION FACILITIES ADJUNCT TEACHER OF ORGANIZATION PLANNING AND DEVELOPMENT AT COLLEGE LEVEL, FOUNDER OF MY OWN ENGINEERING FIRM FROM 1985 TO 2002. FOUNDING PRESIDENT OF COMMUNITY HOMEOWNERS ASSOCIATION FROM DEVELOPER RELEASE & RE ELECTED 2 MORE TERMS. OUR 3 MAN BOARD CREATED CHARTER, RULES, FINANCIAL SOFTWARE, CAPITAL INFRASTRUCTURE RESERVE PROGRAM, COMMUNICATIONS, MUNICIPAL, SNOW REMOVAL PROGRAM, LANDSCAPING, ENVIRONMENTAL AND STORM WATER PLAN. THIS ASSOCIATION WAS CHOSEN AS NEW COMMUNITY ASSOCIATION OF THE YEAR FOR DELAWARE VALLEY, PA. IN 2013. 1 WAS NAMED VOLUNTEER OF THE YEAR. BS. MARINE AND ELECTRICAL ENGINEERING, MS ENGINEERING MANAGEMENT (MBA TRACK), ADVISOR AND CONSULTANT FOR LEHIGH UNIVERSITY MSE DEPARTMENT AND BEN FRANKLIN TECHNOLOGY ENTREPENEUR AREAS. SERVED ON THE BEN FRANKLIN NORTHEASTTEIR BOARD Why do you want to serve on this board? AS A RESIDENT OF SEBASTIAN SINCE JULY 20071 LOVE THIS CITY AND COUNTY AND WANT TO CONTINUE TO CONTRIBUTE WHERE IT COUNTS. MY EXPERIENCE AND STRENGTHS ARE IN ORGANIZATION AND LONG RANGE PLANNING, FINANCE AND SCIENCE. I FEEL I CAN HELP FOCUS WHERE THE CITY WANTS TO FOCUS. MY 6 YEARS EXPERIENCE IN COMMUNITY AND MUNICIPAL ORGANIZATIONS ARE PARALLEL TO THE CHARTER REVIEW PROJECT. I BELIEVE THAT MY SKILL SETS IN PROJECT MANAGEMENT AND ORGANIZATION PLANNING IS WHATTHE CITY IS LOOKING FOR. Do you presently serve on another City Board or Committee? NO If yes, please list: NIA Have you previously served on any other City Board or Committee? NO If yes, please list I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for194C0 409)astian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financiai Interests. ltittp://www.etliics.state.fi.us/ethics/fornis.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Port !I!) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at htto://www.flsenate.pov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: / ef` alwe G /� 1G /( Date: 111612020 Date Received by City Clerk's Office rr l J +<F'Z tv 6 by: f'Y✓.E 195 of 409 MY linked in Experience Self COnsulting/Alentorin Conrpan g/It�gA Y Name Michr/bon lnc. Dates Employmen/OYed Jan 2,,, , Present (Self) t Duration j ent Company Q organ Creek comma o Yrs• 7 p rhos. n'panYN nitYAsso ame Mo Ciati°n T dotal Duration 3 Yrs rgan creek Communit le• president YAssociation Dates Emp/OYed2 pl? Employment Duration yrs. has ele 3 Yrs. cted president of the ex /ts the first ec ProceduresssOciatio ut�ve 80 Ile deve/O and cOmrnittBos td we est and (tyv/ce). per. the ee ° ab/ishe cl the l chose not to stand for reelection and tanage a newer ow n goals, plans and .6. Title; President or reel dents Of °pmmu b1ectives Dates Empl dent of Executive Botion in the thirq termth's Over SS p/anneO� hundred w budhorn gets operati Employment Duration. , 2a14 and �F°undin�> rn'r'unity, es' The require dealin Uration '�' With A4DC/ Automation Yrs. Vp of Engineering/Chi aaompany Name MDCI of T echn�cal officer fates Employed aut°mation Hatfield Employment Dur tun 2402 ,Jan 20p8 , pa ons yrs' 8 In Direct or while/. of Os. auto9uidatiD 1 p of rnY x Saesi, for US n fI rrn l crea lg�� Qta failed des pt°Pees W, etections start venture profit to a sole ne very /a etconed the dOr Anthrax Date Outside sale esis r with np demand tgngflrm 7-horn concept io n M ail pro eS n al using' nay original Outside pr°.le OtYpe to �• Tha gmal cashw Project total production ins up utili2ed flo ed35 millio n sa n i /es 4 month; to and created 196 Of 409 • My group and I went on to create four separate designs for bulk mail processing subsystems for NexGen -AFSM under the major contractor NGC, resulting in winning contracts from accelerated design competitions versus three major established engineering firms. Those projects transitioned from prototype to production and we manufactured more than 1500 systems in 3 years. Projects totaled another $55 million and yielded 12/15% net profit in the first two years after startup. • Transitioned from Engineering Director to VP/ CTO and created engineering designs for the Bulk Flats Mail System Verticalizer and ITC subsystems within the FSS- NextGen Bulk Mail System for Northrop Grumman and USPS. We were awarded major engineering contracts and transitioned prototypes to production resulting in FSS production contracts and installations in most every major bulk mail distribution center in the US. These contracts produced sales of over $200 million and profits of 12/15%. • 2009 1 was shifted MDCI -CTO with a very small staff of engineers. The engineering Manager became Director and my new group mentored others to resolve design conflicts and deficiencies for feeders, mail separators, and ultra -high speed vacuum valves (patents issued to NGC), high speed diverters and devices. In the 8 years from start-up, total sales of MDCI approached $350 million in sales, generous profits and overall positive cash flow from day one. P S Group Inc. Founder/CEO/CTO Company Name P S Group Inc. Dates Employed Jun 1984—Jun 2002 Employment Duration18 yrs. 1 mo. Telford, Pa 18969 • Created start-up venture with $20,000 savings. The firm designed and manufactured automation machines and systems for automotive, ammunition production, industrial assemblies and medical devices. First three years grew to three million sales. Accepted venture capital and grew to six million but stumbled in growth and returns on equity. Negotiated buy back of outside interest and continued as a moderately sized systems design and manufacture until 2002, when the firm was shut down because of major consolidation of customer base,( closed or moved offshore) and impact on cash flow from documented fraud by major customer (Tyco Electronics - Chairman and Finance VP). ■ As founder and CEO, I was responsible for executive and operational management; technical creativity and direction; finance and cash flow; sales and marketing. Fostered a unique group of talented, technical individuals all of whom were in demand in their fields of expertise. Was nicknamed PS Group University by colleagues. • The entire technical group (from CEO to shop floor techs) were technically talented and experienced in motion control, servo design and application, hydraulics, pneumatics, system control and MMi. Significant accomplishments included very high speed assembly and fabrication at rates of 200 to 500 cycles per minute; with multi -axis servos and vision guidance, close tool and die forming in the automation process and excellent "as built" documentation for the engineering, design and controls. ■ Industries included: Electronic components, fiber optics, electrical connectors, and bio-medical devices; automotive; high speed stamping; material handling and pharmaceutical. Created several automation product lines. All employees went on to become leaders in their fields. 197 of 409 see more PennField Industries Inc. President/CEO/CTO Company Name PennField Industries Inc. Dates Employed Jun 1978—Jun 1984 Employment Duration 6 yrs. 1 mo. Location Sellersville, Pa 18960 June 1978—June 1984 Pennfield Group and Pennfield Industries Sellersville, Pa President and Group VP Marketing • President/CEO/CTO of Pennfield Industries Inc. -an engineering systems design and manufacturing firm which basically was spun out of Pennfield Machine Inc. as a contract assembly operation and was reinvented into a system design and capital equipment manufacturer. Responsible for all aspects of the operation including accounting and financial reporting to the owners and their CPA's. • Created an engineering group from scratch after the existing engineers "ran off" with machine designs and customers. Built firm from 10 people to 60 people, $9.5 million in sales and 15% profit [including deducting some unreasonable corporate charges (planes, expensive cars, hunting lodges' expense accounts)]. • Experience included: first use of Computer Aided Design; installation of accounting system; negotiation of large long term contracts; development of key account high tech assembly contracts such as DuPont Clinical Blood Analyzers; location, purchase and renovation of an 88,000 square foot facility and management of a full manufacturing facility. EG&G Sealol Group VP Operations Company Name EG&G Sealol Group Dates Employed Jun 1966 — May 1978 Employment Duration12 yrs. Location Multiple - Warwick, RI, Chicago, III, Cranford, NJ VP of Operations (3 Divisions) • Began as Design Engineer responsible for Nuclear Submarine Products which was 30% of total business in 1966. Promoted to Quality Assurance Manager, then VP Manufacturing and then VP Operations (1973). • Was assigned to Acquisition Team of 3 people in 1969 to take over Rotary Seal Inc. in Chicago and turn around this high volume manufacturer from a significant loss to a 33% Return on Net Investment (RONI) . • From 1970 to 1976 we installed the following: first Net Change MRP System in the US under Oliver Wright; first Group Technology System in the US (TNO) for Group Technology and Geometric Classification; installed Computer NC Programming on first DEC-PDP-11's; wrote 1400 parts programs in 13 months and specified, purchased and installed 18 of the first Computer Numerical Controlled CNC Lathes, Mills, and Inspection CMM"s purchased in the 198 of 409 USA. My key managers went on to become principals in these same technology firms. My Chicago Operations manager took over my last position in the firm. General Dynamics -Electric Boat Division Nuclear Quality Assurance Engineer for Propulsion Systems (NQC Engineering under Ed Fitzgerald and Marvin Curland) Admiral Hyman G Rickover's special program for reactor systems. Company Name General Dynamics -Electric Boat Division Dates Employed May 1965—Jun 1966 Employment Durationl yr. 2 mo. Location Groton Ct Came ashore after sailing as a Marine Engineer with Gulf Oil on Steam Turbo -Electric Propulsion Tankers and was recruited to attend short interval schooling for Nuclear reactor propulsion for Nuclear Propulsion Quality Assurance. Worked on 633/635/637 Sturgeon Class attack sub construction and 640/642 Ben Franklin- Fleet Ballistic Missile Class Sub construction as well working on the Nautilus -SSN 571 during her second overhaul after her submerged "Operation Sunshine", the first crossing of the North Pole by a ship and Med cruise. Education Rensselaer Polytechnic Institute Rensselaer Polytechnic Institute Degree Name Master of Science (MS) Field Of Study Engineering and Management (MBA program) Dates attended graduation1967 — 1969 General Dynamics General Dynamics Dates attended or expected graduation1965 —1966 Additional Studies: in service studies in Nuclear Reactor Systems and Nuclear Quality Assurance at General Dynamics. Massachusetts Maritime Academy Degree Name (BS) Field Of Study Marine & Electrical Engineering (Double Major) 199 of 409 Dates attended & graduation1961— 1964. Trimester Program with majors in Marine Engineering and Electrical Engineering with Graduation - US Coast Guard Maritime License any tonnage any Ocean and Commission in US Navy as Ensign (6 yrs. Left as Lt Jg.) Skills & Endorsements Engineering See 24 endorsements for Engineering 24 Engineering Management See 14 endorsements for Engineering Management 200 of 409 l 11), L-4 SE�T�W HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Fiorida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: David G. Newhart Address: 120 Larchmont Ter Zip; 32958 Telephone: ( 772 ) 480 E-Mail Address: dgnewhart@yahoo,com Employer: Retired City: State: Business Telephone: ( ) - City: Sebastian State: FL - 3163 Zip: I am interested in serving on the following boards)/committee(s): 1s1 Choice: Charter Review Committee 2nd Choice: CHARTER REVIEW COMMITTEE (serves only six months, every five years — next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* ** POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD *Fiiirng of finonciol disclosure is required following appointment **Must be resident one year prior to application. 201 of 409 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) Why do you want to serve on this board? The charter is a vital part of the running the city and maintaining the goals an compliance. Reviewing the charter ensures the city maintains its integrity with the changing needs of the community. Do you presently serve on another City Board or Committee? No if yes, please list: Have you previously served on any other City Board or Committee? NO If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. htto://www.ethics.state.fl.us/ethics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 11Z Part Ill) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.fIsenate.gov/statutes understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. i Signature of Applicant: ,... J 1. .��i Z'/ J Date: 10/02/2020 Date Received by City Clerk's Office by: 202 of 409 David G. Newhart 120 Larchmont Terrace Sebastian, FL 32958 (772) 480-3163 DGNewhart@yahoo.com Objective: Leading people to a deeper understanding of the transforming power of Jesus Christ through prayer and biblical teaching. Identify spiritual gifts within the laity and develop outreach and mission programs to serve the community and increase membership. Church Experience and Employment: St. Elizabeth's Episcopal Church, Sebastian, FL., Rector, 2007-2020 • Increased ASA 25% Emphasis on outreach to the local, regional, national and international community. Increased Pastoral Care through Lay Eucharistic Visitors, increased Lay involvement in parish functions, liturgy, and activities. Heighten awareness in the community through parish and community activities and involvement o Cross ecumenical Thanksgiving service to raise money for local food bank o Participation in Christmas and July 41h local parades, Kiosk in the park at 4ch of July venue a Community Pet Blessing o KIRB — assigned roadway clean-up in community o Cross ecumenical Service of remembrance o Participation in Veterans activities and special services i.e. Memorial Day, Veterans Day, Pearl Harbor day. St. Helena's Episcopal Church, Boerne, TX., Assistant Rector • Planned Liturgy • Conducted Adult Bible Studies, OT and NT • Pastoral Care: hospital, seniors, hurricane victims • Initiated and started Community of Hope • Conducted missions to Hurricane relief and Mexico Trinity Episcopal ,School for Mininstry • Field Base: Alpha training, praise and worship leader, Sunday services, assisted with special services, i.e. funeral, weddings, baptism, Christ Episcopal Church, North Hills. • Project Management Team, Small Groups, "40 Days of Community", St. Stephens, Sewickley. Teaching Assistant, Worship in the Prayer Book, Liturgics Chaplain Internship — VA Hospital, CPE Central Florida Episcopal Diocesan Activities: • Diocesan Board- current member • Congregational Development commission — 2009 • Commission on Ministry current member 203 of 409 • Intitute of Christian Studies — commission chair, instructor • Cursillo Commission — past Spiritual Director • Clergy Events Commission — past member • Ecceliastical Trial Court — Current member Secular Employment McLane Foodservice Distribution lnc.(Orlando,FL) — National Quality Manager; 1992 — 2001 • Directed Quality Management programs in 17 food distribution centers focusing on an integrated partnership with the customer base. • Developed, managed, and conducted training sessions • Developed, implemented and annually review and validate company's quality programs. • Assess, track, and develop a systematic corrective action approach for internal and third party evaluations of operations. • Implemented vendor and carrier compliance programs resulting in $200M savings. • Partner service programs with customers to manage quality programs, complaint tracking, and food quality and safety issues. • Propose and implement process management systems to customers for new item roll out. FMC(Lakeland, FL) - Sr. Food Scientist; 1989 —1992 • Local and International R&D (Thailandjapan, Brazil) • Pilot Plant Manager— Research, Yeild testing, Quaker Oats - Quality Assurance; 1984-1989 Q-A. Manager Gatorade Bottling(Kissimmee, FL); 1986 -1989 Q.A. Specialist Corporate(Chicago, IL); 1985-1986 Q.A. Supervisor(Danville, IL); 1984 -1985 Education: Trinity School for Ministry, Ambridge, PA Master of Divinity, 2005 Arizona State University, Tempe, AZ Bachelor of Science, Ag-Industry, 1982 Post -Graduate Studies, Agri -business, 1982-1984 Organizations: Board of Directors Veterans Council of Indian River County — 2015-Present Sebastian Chamber of Commerce — VCIRC Representive American Legion 189 — 2010- Present Institute of Food Technology - Professional Member, 1979-2001 Florida Section of the IFT - 1989-2001 Board of Directors — Partnership for Learning, 1998-2000 Board of Directors - Second Harvest Food Bank, Orlando, Fl. 1987-1989 American Society for Quality Control, President, Danville Section, 1984-85 204 of 409 I,i I it ky'�, HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply For succeeding terms upon term expiration. Name: K!I(')I n(')1 \��'I(It Address: 4 "} Y-) j o- r) City: (j`ESfk6jj State: Zip: Telephone: (} M 3 -(r`t 1% E Mail Address: f)velel ] rn Employer: 4 f-c-A City: State: Zip: Business Telephone: ( j - am interested in serving on the following board(s)/committee(s): 1" Choice: �y�L ��'�P�' C� V �C'_lL: 2"d Choice: CHARTER REVIEW COMMITTEE (serves only six months, every five years — next meeting in 2e±&) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) SEBASTIAN YOUTH ADVISORY COUNCIL (temporary) VETERANS' ADVISORY BOARD (temporary) 'Filing of financial disclosure is required following appointment `*Must be resident one year prior to application. 205 of 409 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) [ever 43 J Pr k CS Prn P Y y � Why do you want to serve on this board? /x--3) i e ve 1,j, ve- 4A i I/ m e. k4 0 LCJ l JoCl &1c7�Cv-�C�rr'? ��`' �J� t .!� C�l�i�e/'et�f'7� Yf Do you presently serve on another City Board or Committee? L If yes, please list: Have you previously served on any other City Board or Committee? If yes, please list: C1ti ?2 nS BV 1 P t,,j � e S IrMVksorV CvGc rd will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. littp://www.etliics.state.fl.us/etiiics/foriiis.liLiii] if appointed, I acknowledge that it is my obligatinn and duty to comply with the following: Code of Ethics fair Public Officials (Florida Statutes, Chapter 112, Part 111) and Florida Sunshine Law (Florida Statutes, Chapter 285) Statutes may be reviewed at #htt : www.fisenate.Roy statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: �L �L��+` �1 Date: Date Received by City Clerk's Office / Z 126) 2 L by: I 1'l'i%J. 206 of 409 OR OF SET�iV HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be availablle and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: L _SL,X-1 Address: `��� or, �e_ City: State: EL Zip: Telephone: 2 ) r3 E-Mail Address: kCk-CA) h 6e. czoA lie+ Employer: p__�X oe-d City: State: Zip: Business Telephone: ( - I am interested in serving on the following board(s)/committee(s): 1't Choice: C�r\oLko_r C lWf \ 1 2"d Choice: CHARTER REVIEW COMMITTEE (serves only six months, every five years — next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* ** POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD *Filing of financlol disclosure is required following appointment "Must be resident one year prior to application. 207 of 409 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) J Ck-Q, n e10 r O� Sa.LE J Ce- k 0 � (� � C"3 C'c� aL Gov r J C�f�L r� &C�e\B i J �l�A C - �es,keI.jG GefCvCt-k�iCS 1t L�efiVSe- ti f, Q � Why do you want to serve on this board? C11- �%c�rrnQG,S� a)(- a-m &>GcA- i-b Pe T 0 lz� Do you presently serve on another City Board or Committee? {1� If yes, please list: Have you previously served on any other City Board or Committee? N D If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. htt[)://www.et[iics.state.fl.us/ethics/forms.htmi If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part III) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at httr)://www.flsenate.Rov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: tUG;- Date: 9-�—W`Czx) Date Received by City Clerk's Off ice -_3(� J010 by: 208 of 409 MY OF SEBASTT HOME OF PELICAN ISLAND September 14, 2020 CONTACT: JEANETTE WILLIAMS 388-8215 Press Release 2020 Charter Review Five At -Large Positions on the Charter Review Committee City Council will appoint five at -large members at their December 9, 2020 meeting following the November 2020 General Election to serve on the Charter Review Committee. Meetings to review the Charter will begin at the end of December 2020 or early January 2021 until June 2021 to formally propose Charter changes to City Council at their first meeting in June. The meetings will take place in Council Chambers located at 1225 Main Street, Sebastian. Applications to serve on the Committee are available in the City Clerk's Office, City Hall, 1225 Main Street, Sebastian between the hours of 8:00 am and 4:30 pm or on-line at www.citvofsebastian.orq and will be accepted until November 30, 2020. 209 of 409 LM OF WkSTIANJ HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: December 9, 2020 Agenda Item Title: Quasi-judicial Public Hearing - Resolution R-20-29, approving; the subdivision Preliminary Development Plan/Plat for Pods 1 & 2 for the Spirit of Sebastian Subdivision PUD Recommendation: Move to approve Resolution R-20-29 Backaround: In 2018, the applicant, Spirit of Sebastian, LLC, annexed 182 acres into the city, rezoned their property to PUD-R and CG, and received approval for their Conceptual Development Plan. Subsequently, the applicant is following with the next step by requesting approval of the Preliminary Development Plan/Plat with full subdivision design for Pods 1 & 2 (out of 5). The first two Pods contain 77.99 acres, and will be developed in three phases which include 208 single-family lots together with 12acres of stormwater lakes, a 2.17 acre recreational tract and a number of open space tracts. Additional Right -of - Way will be dedicated to Indian River County for future improvements on Old Dixie Highway, and drainage and sidewalk improvements are proposed for Del Monte Road. The Planning and Zoning Commission reviewed the subject plan at a public hearing held on November 19, 2020. Unanimously, the Commission made a recommendation that City Council approve the Spirit of Sebastian Pods 1 & 2 Preliminary Development Plan/Plat, with the conditions noted in the Resolution. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: Total Cost: N/A Funds to Be Utilized for Appropriation: Attachments: 1. Resolution R-20-29 2. Information packet: Staff Report, Adjustment Request Letters, Public Facility Impact Statement, School Impact Analysis Form, Traffic Impact Analysis, Environmental Reports, Del Monte Petition 3. Preliminary Development Plat + Pods 1 & 2 Landscape Plan + Conceptual Old Dixie Widening Sketch 4. Meeting Minutes from PZ Commission Public Hearing held 11/19/20 Administrative Service7view, tRevie City Attorney Review:Procurement Division plicable: City Manager Authorization: Date: r) d 4, _-L' 210 of 409 RESOLUTION NO. R-20-29 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE SUBDIVSION PRELIMINARY DEVELOPMENT PLAN/PLAT FOR PODS 1 & 2 WITHIN A PLANNED UNIT DEVELOPMENT KNOWN AS SPIRIT OF SEBASTIAN, CONSISTING OF 77.99 ACRES AND 208 LOTS, LOCATED EAST OF SEBASTIAN HIGHLANDS UNIT 15, NORTH OF SOUTH MOON UNDER SUBDIVISION, WEST OF OLD DDaE HIGHWAY, AND SOUTH OF VACANT INDUSTRIAL LAND; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, Spirit of Sebastian, L.L.C. has filed an application for approval of a preliminary plat and preliminary development plan for Pods 1 & 2 within a Planned Unit Development known as Spirit of Sebastian Subdivision; and WHEREAS, said development plan and plat comply with applicable State and City codes and regulations; and WHEREAS, the Planning and ,Zoning Commission unanimously recommended the City Council approve the preliminary plat and preliminary development plan for Pods 1 & 2 at its November 19a`, 2020, public hearing. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows. Section 1. PRELIMINARY APPROVAL. The City Council of the City of Sebastian, Florida does hereby approve the preliminary development plan and plat for Pods 1 & 2 of Spirit of Sebastian Subdivision as prepared by John H. Blum, RE, of Carter Associates, Inc., bearing the latest revision date of October 22, 2020, including the Pods I & 2 .Landscape Plan as prepared by Robin Pelensky, P.L.A., bearing the latest revision date of July, 24, 2020, but with the removal of any proposed landscaping along Del Monte Road; both documents as maintained on file in the City Community Development Department, subject to the following conditions: A. Completion of the internal roadway (Spirit Boulevard) and driveway connection to Bailey Drive is required prior to final platting of Pod 3, including the improvements to Schumann and Bailey Drives as described in the Conclusion section of the Traffic Impact Analysis done by Kimley-Horn, dated December 2018, in addition to any other determined intersection improvements needed at Schumann Drive & US Highway #1. B. Prior to final platting of Pod 4, five-foot wide bike Ianes shall be constructed on both sides of S. Wimbrow Drive from Del Monte Road north to Sebastian Boulevard only if permits for road and drainage improvements to Old Dixie Highway from Sabal Way north to Sebastian Boulevard cannot be received from Indian. River County. Until construction of Pod 1 211 of 409 4, the developer shall continue to pursue Indian River County for such permits on behalf of the subdivision. If permits are received for improvements to Old Dixie Highway before development of Pod 4, construction of improvements shall commence within 30 days of receipt of approval date. Final improvement design of Old Dixie Highway shall include construction of a sidewalk. C. Before approval of construction drawings for each Pod, a Base Flood Elevation (BFE) shall be established for properties located in the Special Flood Hazard Areas (SFHA) using accepted engineering practices, or submittal of a Letter of Map Revision (LOMR) issued by FEMA. D. A current tree survey, and a scrub jay and gopher tortoise survey in accordance with FWS guidelines for each Pod shall be submitted before issuance of Landclearing permits. E. Approval by City Council of a "License to Encroach Into Right -of -Way" agreement for the construction of the entranceway over the Collier Creek Drainage Canal and improvements to Del Monte Road, which shall also include a detailed maintenance agreement for each improvement, must occur before approval of the Construction Drawings for the first Pod developed. F. The entranceway over the Collier Creek Drainage Canal shall begin after construction of the internal roads is completed with the bulk of construction activity occurring from the subdivision side in order to abate disturbance on Del Monte Road. Approved improvements to Del Monte Road shall commence after 33% residential build -out of the first Pod platted, and recreational facilities completed before final platting of the last phase (of Pods 1 & 2). G. A more fully developed Stormwater Pollution Prevention Plan (SWPPP) is prepared and submitted with the subdivision construction plans that specifically address work within the city's drainage canal and Del Monte Road ROW. H. Final stormwater design shall be re -submitted with subdivision construction plans after review and approval by SJRWMD including their agreement on the appropriate BMP's necessary to provide adequate pollutant abatement. I. In lieu of a bond for the second asphalt layer of the streets, usually laid after construction of the homes are finished, Construction Plans must indicate both layers of asphalt will be applied concurrently, accordingly to application standards. J. Submittal of a bond equal to 110% of the estimated costs for the remaining lineal footage of unfinished sidewalks for the exact amount of unbuilt lots that do not have building permits applied for before the subsequent phase's final plat can be approved. K. Natural gas lines shall be installed and available to the subdivision with details provided in the Construction Drawings for each Pod or phase. L. The Declaration of Covenants, Conditions, and Restrictions for Spirit of Sebastian shall provide durable assurances regarding strong adherence to individual property owners maintaining the dedicated perimeter and internal landscape easements in accordance to the city -approved landscape plan for the subdivision, and illustrate definitely where fences can be placed with regards to the landscape easements. M. At minimum, decorative light poles must be installed along the entire length of Spirit Boulevard, in coordination with Florida Power & Light. 2 212 of 409 Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of City Council by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice -Mayor Jim Hill Councilmember Fred Jones Councilmember Bob McPartlan Councilmember Christopher Nunn The Mayor thereupon declared this Resolution duly passed and adopted this 9th day of December, 2020. ATTEST: Jeanette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Ed Dodd, Mayor Approved as to form and content for reliance by the City of Sebastian only: Manny Anon, Jr., Esq. City Attorney 213 of 409 CRYof E - :-, HOME OF PELICAN ISLAND Community Development Department Preliminary PUD Development Plan/Plat Application Staff Report 1. Project Name: Spirit of Sebastian PUD Subdivision — Pods 1 & 2 2. Requested Action: Preliminary Development Plan/Plat Approval 3. Project Location a. Address: Old Dixie Highway, south of CR 512 b. Legal: See survey for full legal description C. Indian River County Parcel Numbers: 31-39-07-00000-1000-00004.0 31-39-07-00000-1000-00005.0 31-39-07-00000-7000-00008.0 31-39-07-00000-7000-00010.0 4. Developer: Spirit of Sebastian, L.L.C. P.O. Box 690621 Vero Beach, Florida 32969 5. Project Agent: Chuck Mechling Spirit of Sebastian, L.L.C. 6655 49" Street Vero Beach, Florida 32967 (772) 999-3494 E-Mail: admin@insitesolutions.biz 6. Project Engineer: John Blum, P.E. Carter Associates, Inc. 1708 21" Street Vero Beach, Florida 32960 (772) 562-4191 E-Mail: johnb@carterassoc.com 7. Project Surveyor: Frank S. Cuccurese, P.S.M Carter Associates, Inc. 1708 21" Street Vero Beach, Florida 32960 (772) 562-4191 1 214 of 409 8. 9 Project Description: a. Narrative of proposed action: In 2018, the applicant, Spirit of Sebastian, L.LC, annexed 182 acres into the city, rezoned their property to PUD-R and CG, and received approval for their Conceptual Development Plan. Subsequently, the applicant is following with the next step by requesting approval of the Preliminary Development Plan/Plat with full subdivision design for Pods 1 & 2 (out of 5). The first two Pods contain 77.99 acres, and will be developed in three phases which include 208 single-family lots together with 12 acres of stormwater lakes, a 2.17 acre recreational tract and a number of open space tracts. Additional Right -of -Way will be dedicated to Indian River County for future improvements on Old Dixie Highway, and drainage and landscaping improvements are proposed for Del Monte Road. b. Current Zoning: PUD-R (Planned Unit Development — Residential) — 75.47 acres CG (Commercial General) — 2.52 acres C. Site Characteristics (1) Total Acreage: (Pods 1 & 2) 77.99 acres (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: Preliminary Development Plan criteria Vacant Astatula Sand, St. Lucie Sand, Immokalee Fine Sand, Pomelo Sand, & Myakka Fine Sand Mainly second growth vegetation from past Mining and Agriculture activities Flood Zones X and A Indian River County Utilities Indian River County Utilities On -Site Recreational Amenities Sebastian Police - 11/ mile County Fire — 2 miles a. Compliance with subdivision regulations: Yes, with approval of two requested Adjustments/waivers by the applicant for: 1) increased length of a street terminating in a cul-de-sac; and 2) One public means of ingress and egress along with a provided emergency access until such time as Pod 3 is developed, or Old Dixie Highway improvements are approved by Indian River County. (See further details in #12, Staff Comments) 2 215 of 409 10. b. Compliance with zoning regulations: Yes C. Compliance with comprehensive plan: Yes d. Compliance with conceptual development plan: Yes Contents of Preliminary Development Plan: a. Written material: (1) Development schedule: (2) Quantitative data Pod 2 — Completion date 2021 /2022 Pod 1 — Completion date 2022/2023 (a) Total number of dwelling units by type: 208 Single-family units (b) Total parcel size: 77.99 acres (c) Proposed lot or building site coverage by buildings and structures: Residential: Minimum 36% open space Commercial: Maximum 30% building coverage (d) Proposed lot or building coverage by impervious surfaces: Residential: Maximum 64% impervious Commercial: Maximum 80% impervious (e) Residential Density: 2.67 units per acre (f) Proposed amount of open space: Provided - 39.00 acres Required — 39.00 acres (50% minimum) (g) Proposed amount of public lands including all dedicated rights -of - way, easements and other lands dedicated for public facilities and services: Approximately .47 acres± conveyed to Indian River County for additional Old Dixie Highway R-O-W (3) Updated environmental impact statement: Provided. However, a current tree survey, and a scrub jay and tortoise survey in accordance with FWS guidelines will need to be submitted for each Pod, along with any required Tortoise Relocation Permits and/or mitigation, before issuance of landclearing permits, (4) Public facilities impact statement: (a) Quantity of wastewater generated: 250 GPD (Gallons per day) per unit (b) Description of proposed recreational facilities: Recreation Traci 1 in Pod 2 is 2.17 acres and proposed to be a combination open air pavilion 3 216 of 409 with event rooms and restrooms, along with associated green areas, playground, and parking. A separate site plan must be submitted for this facility. The Park Tract in Pod 1 is .11 acres and will provide benches, parking, and a covered sitting area over the water. (c) Quantity of potable water required: 250 GPD per unit (d) Estimated number of school age children expected within the development Gods i & 2): 39 elementary students 20 middle school students 26 high school students Estimated student numbers were provided by the IRC School District. A School Concurrency Availability Determination Letter (SCADL) was issued by the school district indicating that adequate capacity within the School Service Area Boundary for Spirit of Sebastian was available. (e) Estimated property tax and/or sales tax revenue generated by the project: Estimated property tax at build out would be $168,162+I-. per year (without homestead exemptions) calculated using a Millage Rate of 2.9399 and a median value of homes at $275,000. Annual Storm►nrater Fee collected would be $24,960. The one-time Recreational Fee collected at building permit submittal would be $203,424. b. Graphic element of preliminary development plan. (1) Plat: (a) Proposed name of the PUD, title of map, name of city, and description of section, township and range: provided (b) Name and address of record owners, applicant, and person preparing preliminary development plan: provided (c) The locations and names of abutting subdivisions and the names of owners of record of adjacent acreage: provided (d) Date, north arrow and graphic scale: provided (e) Legal description and survey of the proposed PUD boundaries made and certified by a Florida registered land surveyor: provided (f) Proposed lot or building site lines with dimensions, setbacks, and landscaped yards. Location and floor area size of all existing and proposed buildings, structures and other improvements. Designation of all dwelling unit types and number of units. Net residential density calculations. Plans for nonresidential uses shall include the square footage to each respective use: provided (g) Location, name and dimensions of all existing and proposed 4 217 of 409 dedicated public lands and the conditions of such dedication: provided (h) The width and location of any street or other public way shown upon the comprehensive plan within the PUD and the proposed width, location and grade of all streets or other public ways proposed by the application: provided (i) Location of closest available public water supply system and proposed preliminary design for water service improvements, and schematic drawings as required by the City Engineer. The Final construction drawing shall not be required prior to preliminary (plan approval, but shall be required prior to commencement of the installation of such improvements: provided. Q) Area in square feet of each lot or building site, to be indicated in a rectangle within each lot or building site: provided (k) Typical cross sections of proposed streets, sidewalks, canals and ditches and other proposed improvements: provided (1) Location of proposed wastewater collection system and proposed preliminary design of wastewater collection improvements, including proposed location of improvements, level of service proposed, and schematic drawings as required by the City Engineer. Final construction drawings shall not be required prior to preliminary development plan approval, but shall be required prior to commencing the installation of such facilities: provided (m) Location of proposed improvements for collecting and discharging surface drainage and the preliminary design of such facilities, including the proposed level of service, and schematic drawings as required by the City Engineer. Final construction drawings shall' not be required prior to preliminary development plan approval, but shall be submitted prior to commending the installation of such facilities: provided (n) Location and preliminary design of proposed bridges or culverts which may be required, including the type of facility and general level of service as well as schematic drawings as required by the City Engineer. Final construction drawings shall not be required prior to preliminary development plan approval, but shall be required prior to commencing the installation of such improvements: provided. Separate, full construction plans will be required to be submitted for City Engineer review and approval. (o) Proposed locations and preliminary designs for sidewalks, curbs, storm drainage facilities, water mains, sanitary sewers, fire hydrants, and flow facilities: provided 5 218 of 409 (p) Location and width of proposed permanent utility easements. The easements shall provide satisfactory access to existing rights -of - way or other open space shown upon the tentative PUD plat. Permanent drainage easement shall also be shown: provided (q) When the tentative PUD plat covers only a part of contiguous land owned by the applicant, a master phasing plan shall also, be required unless the application certifies that the remaining real property shall be developed independently of the proposed PUD plat: provided. Pods 1 & 2 will be developed in three phases: Pod 2, then Pod 1 A & Pod 1 B (r) The proposed treatment of the perimeter of the PUD plat, including material and techniques used, such as landscape, fences and Walls for screening and buffering: provided (s) Location of wetlands and/or environmentally sensitive areas located within the site. Discuss any endangered wildlife habitats, or vegetative communities, wellfield, aquifer recharge areas, wetlands that will be impacted by construction of stormwater runoff: An environmental study has been provided indicating the presence of protected Gopher Tortoises in Pod 2, and wetlands in Pod 5. Appropriate measures including mitigation and/or submittal of necessary jurisdictional permits to address these sensitive areas will be required before any landclearing permits are issued. (2) General appearance. (a) floor plans and square footage of all multifamily and nonresidential buildings and structures: Provided for the recreational structures. There are no multi -family dwellings in Pods 1 or 2. (b) Elevations, sections and/or perspectives as necessary to indicate the basic architectural intent, the height of buildings and structures, and the general window and door arrangements: provided (3) Dedication or reservations of land for public use: provided (4) Vehicular, pedestrian and bicycle circulation and parking: provided (5) Open space and landscape plan: provided (6) Information concerning adjacent lands: (a) Existing land uses: IN, LDR, VLDR (b) Zoning classification: IN, RS-10, PUD-R, RS-20 n 219 of 409 (c) Circulation system: Local streets, CR-512, Old Dixie Highway (d) Density: Sebastian Highlands: 4.00 units per acre Laurel Reserve: 1.2 units per acre South Moon Under: 1.1 units per acre (e) Public facilities: provided (f) Unique natural features: provided 11. Analysis: Planned Unit Developments allow for unique design flexibility (Section 54-2- 5.11(f)(5)). The Spirit of Sebastian Subdivision Preliminary Development Plan/Plat, is proposing the following development parameters: Minimum lot size (interior) 7,500 SF to 8,750 SF Minimum lot size (perimeter) 9,000 SF to 10,500 SF Minimum lot depth (interior lots) 125 feet Minimum lot depth (perimeter lots) 150 feet Minimum lot width 60 & 70 feet Minimum front setback to building 20 feet Minimum front setback to garage — front loading 25 feet Minimum front setback to a front porch or side 15 feet loading garage Secondary front setback for a corner lot 15 feet Minimum side setback to building 7.5 feet Minimum separation of structures 15 feet Minimum rear setback (interior lots) 20 feet r Minimum rear setback (perimeter lots) 45 feet Maximum building height 35 feet Minimum living area 900 SF Maximum lot impervious area 64% Minimum open space per lot 36% R-O-W 50 feet The Spirit of Sebastian Preliminary Development Plan/Plat is in conformance with the approved Spirit of Sebastian Conceptual Development Plan. 7 220 of 409 Comparatively, the proposed development parameters of Spirit of Sebastian are similar and in line with other existing PUDs within the city limits: I Minimum lot size Ashbury Subdivision 6,050 SF Collier Club Phase 1 7,500 SF Collier Club Phases 2 & 3 8,750 SF Sebastian Crossings 6,720 to 9,000 SF Sebastian River Landings Phase 1 6,000 SIF Minimum lot width: Ashbury Subdivision 55 feet Collier Club Phase 1 60 feet Collier Club Phases 2 & 3 70 feet Sebastian Crossings 55 feet & 75 feet f Sebastian River Landings Phase 1 50 feet Minimum front setback to building. Ashbury Subdivision 20 feet Collier Club Phase 1 25 feet Collier Club Phases 2 & 3 20 feet Sebastian Crossings 20 feet Sebastian River Landings Phase 1 20 feet Minimum side setback: Ashbury Subdivision 7.5 feet Collier Club Phase 1 5 feet Collier Club Phases 2 & 3 7.5 feet Sebastian Crossings 7.5 feet Sebastian River Landings Phase 1 5 feet Minimum rear setback Ashbury Subdivision 20 feet & 40 feet Collier Club Phase 1 20 feet Collier Club Phases 2 & 3 25 feet Sebastian Crossings 20 feet Sebastian River Landings Phase 1 20 feet 12. Staff comments: The conceptual development plan proposed three means of public ingress and egress to the subdivision via Del Monte Road on the west, Bailey Drive to the south, and Old Dixie Highway on the east. The developer also proposed off -site paving and drainage improvements to Old Dixie Highway from the entrance heading north to connection with CR 5121Sebastian Boulevard. However, Indian River County has jurisdiction over the maintenance of Old Dixie Highway, and after numerous meetings between the developer and county, an agreement was not reached on the design. The county is requiring improvement to the entire highway rased on standard traffic patterns from the subdivision, assuming a portion of cars turning south. The developer proposed constructing a left -out only intersection to address their concerns, but the county has been resolute and agreed only to allow an emeroencv exit on to Old Dixie Highway. Temporarily, the exit will also be used as the construction entrance. Sheet 8 221 of 409 C-18 of the plan set indicates the proposed design of the construction entrance and final emergency entrance/exit design. A separate conceptual "Old Dixie Widening Sketch" has been included for review, and staff has requested that the developer continue to seek a future interlocal resolution that would allow the Old Dixie egress to become public, in accordance with the proposed Widening Sketch — and with the addition of a sidewalk. Because construction of the Bailey Drive entrance is not proposed until Pod 3, Pods 1 & 2 will not have the required two entrances, and as such, the applicant has requested a temporary adjustment from this section of code. The LDC states "If an adjustment is authorized pursuant to Section 54-4-19.1(d) such that only one public means of ingress and egress is required under this paragraph, the subdivision shall be designed to provide at least one additional means of ingress and egress for emergency vehicles." The proposed plat provides an emergency entrance/exit onto Old Dixie Highway. A second adjustment is requested for the length of a cul-de-sac road, which the code regulates to be a maximum length of 600 feet. Archie Smith Lane in Pod 1A is proposed to be 966.75 feet long. To compensate for the extra length, an access tract onto Spirit Boulevard has been designed at the end of the cul-de-sac which will allow for pedestrian and bicycle traffic, and be stabilized for emergency vehicles, if necessary. An access tract has also been added to the cul- de-sac of White Pelican Lane in Pod 2. If the off -site improvements to Old Dixie Highway do not get approved by final platting of Pod 4, a substitutable off -site improvement should be provided. Staff feels the additional of 5-foot wide bike lanes on both sides of S. Wimbrow Drive from Del Monte Road north to Sebastian Boulevard would publically benefit the City's pathway system. Any use of the City right-of-way by this subdivision, including gates, entrance features and improvements on Del Monte Road, signs, bridges, crossings, etc., will require special agreements and/or a license to encroach, as approved by City Council. The applicant shall prepare the agreement documents for review by the City Attorney and approval by City Council, prior to final approval of the Construction drawings for the first Pod to be developed (Pod 2). The proposed entryway located over the waterway canal should begin construction after the internal roadways, specifically Spirit Boulevard, are completed in order to keep minimum construction traffic using Del Monte Road. A letter received from Florida City Gas indicates that natural gas lines can service the Spirit of Sebastian community. The gas lines should be installed at the same time as water and sewer utilities, which are proposed to come down Old Dixie Highway from Sebastian Boulevard, and gas line details should be added to the construction plans. Location of light poles has conceptually been added to the plat sheets. Final locations will be coordinated with FPL. At minimum, decorative light poles should be required for S)pirit Boulevard. The initial Declaration of Covenants, Conditions and Restrictions for the HOA indicates that Fertilizer Free Zones will be established, and that fertilizer applications by individual homeowners are prohibited and must be done by a Certified Professional or Green Industry Landscape Company. In lieu of landscaping and buffer tracts, with the exception of a proposed tract adjacent to the South Moon Under Subdivision, perimeter lots will be platted with a 20` or 25' landscape 9 222 of 409 easement — to be maintained by the individual homeowner. Dual frontage lots (that back up to Spirit Boulevard and Sabal Way) will be platted with a "limited access easement" that will require landscaping, and prevent rear driveways. The submitted landscape plan for the subdivision details the guidelines and plant materials for these easements. Staff would like to see stronger language in the HOA documents that necessitates homeowner maintenance of the easements, compliance to the approved plan, and sound HOA enforcement of the plan with regards to removal and replacement of the plant materials. Understandably, construction of the sidewalks in front of the residential lots (vs. along Spirit Boulevard) will be required by the contractors as each individual home is built, as to save possible reconstruction costs if pre -built sidewalks were damaged when the lots are developed. However, a complete pedestrian system should be required after a certain length of time to ensure that gaps within the sidewalk system will not exist in front of a vacant lot that is not being built on. Each pod _\h9uld been 6 yo2rc Gr 900 built aut, WhiGheVeF Gemes 46t, befere o oidawafk&-#or that pad —is--Fequired A bond Fnay be wa4aeted-.should be required for the sidewalks of any remaining lots within each pod/phase that has not vet applied for building permits before the subsequent podlphase's final plat can be approved. Before the November 19'h Planning and Zoninq Commission meeting, a neighborhood petition from the property owners alonq Del Monte Road was submitted requestinq the PZ Commission and Citv Council to reconsider the landscaping proposed as a part of the off -site Del Monte Road improvements, as shown on Sheets _L1 & L2 (sidewalk, drainage repair wl curb & gutters, landscaping). Concerns regardinq maintenance and visibility were discussed, and both the Commission and developer opined that the removal of the landscaping was accommodating, and did not deleteriously affect the subdivision development. Revised plan sheets indicating the change should be submitted to staff if Council agrees with the removal. 13. Consulting City Engineer & City Engineer's review: The Consulting City Engineer for this application, Joe Schulke, P.E., along with the City Engineer, Ken Griffin, P.E. have both reviewed the Spirit of Sebastian Preliminary Development Plan, as well as the Traffic Impact Analysis prepared by Brian Good, P.E. of Kimley-Horn and Associates, Inc. They have advised that the following should be addressed during the subsequent Subdivision Construction Plan applications: • A very general Stormwater Pollution Prevention Plan (SWPPP) is presented on sheet C-14. Because of the proposed improvements in the City ROWs (canal and roads), a more fully development SWPPP providing specific pollutant prevention methodologies to protect the city's facilities should be submitted with the subdivision construction plans • After consultation with St. John's River Water Management District (SJRWMD), final Stormwater design should be re -submitted with subdivision construction plans for review and acceptance by the city engineer. [Note: Discussion with the civil engineer indicates that the final design will most likely incorporate a Harvesting system, which re -utilizes stormwater to be an integral part of the master irrigation system for the subdivision, a SJRWMD best management practice.] 10 223 of 409 14. Conclusion: The proposed Spirit of Sebastian Preliminary Development Plan/Plat is in compliance with the approved Conceptual Development Plan, the Comprehensive Plan, and the Land Development Code. 15. Recommendation: In consideration of comments and reviews by the staff Technical Advisory Committee and other jurisdictional agencies, the Community Development staff recommends approval of the Spirit of Sebastian Preliminary Development Plan/Plat subject to the following conditions: See Attachment A (with revisions noted in blue) Staff also recommends approval of the two requested adjustments in accordance with LDC Section 54-4-19.1(d): Temporarily allowing one means of public ingress and egress and one emergency exit until such time Pod 3 is developed with a second entrance onto Bailey Drive, or an agreement is reached with Indian River County for improvements to Old Dixie Highway • For a cul-de-sac street (Archie Smith Lane) to exceed 600 feet in length (proposed 966.75 LF) C�17'vw_,��C'flbM"P_ 1A { ( I 2.0 PREPARED BY DATE 11 224 of 409 Resolution R-20-29 ATTACHMENT A SPIRIT OF SEBASITAN PODS 1 & 2 — Preliminary Plat Conditions of Approval: 1. Completion of the internal roadway (Spirit Boulevard) and driveway connection to Bailey Drive is required prior to final platting of Pod 3, including the improvements to Schumann and Bailey Drives as described in the Conclusion section of the Traffic Impact Analysis done by Kimley-Ham, dated December 2018, in addition to any other determined intersection improvements needed at Schumann Drive & US Highway #1. 2. Prior to final platting of Pod 4, five-foot wide bike lanes shall be constructed on both sides of S. Wimbrow Drive from Del Monte Road north to Sebastian Boulevard only if permits for road and drainage improvements to Old Dixie Highway from Sabal Way north to Sebastian Boulevard cannot be received from Indian River County. Until construction of Pod 4, the developer shall continue to pursue Indian River County for such permits on behalf of the subdivision. If permits are received for improvements to Old Dixie Highway before development of Pod 4, construction of improvements shall commence within 30 days of receipt of approval date. Final improvement design of Old Dixie Highway shall include construction of a sidewalk. 3. Before approval of construction drawings for each Pod, a Base Flood Elevation (BFE) shall be established for properties located in the Special Flood Hazard Areas (SFHA) using accepted engineering practices, or submittal of a Letter of Map Revision (LOMR) issued by FEMA. 4. A current tree survey, and a scrub jay and gopher tortoise survey in accordance with FWS guidelines for each Pod shall be submitted before issuance of Landclearing permits. 5. Approval by City Council of a "License to Encroach Into Right -of -Way" agreement for the construction of the entranceway over the Collier Creek Drainage Canal and improvements to Del Monte Road, which shall also include a detailed maintenance agreement for each improvement, must occur before approval of the Construction Drawings for the first Pod developed. 6. The entranceway over the Collier Creek Drainage Canal shall begin after construction of the internal roads is completed with the bulk of construction activity occurring from the subdivision side in order to abate disturbance on Del Monte Road. Approved improvements to Del Monte Road shall commence after 33% residential build -out of the first Pod platted, and recreational facilities completed before final platting of the last phase (of Pods l & 2). 225 of 409 7. A more fully developed Stormwater Pollution Prevention Plan (SWPPP) is prepared and submitted with the subdivision construction plans that specifically address work within the city's drainage canal and Del Monte Road ROW. S. Final sormwater design shall be re -submitted with subdivision construction plans after review and approval by SJRWMD including their agreement on the appropriate BMP's necessary to provide adequate pollutant abatement. 9. A bona equal t i 251 f the sii f ated sts f r die final lar-f asphalt a�i in oath P vid by +;be 0i y w ingc fEw each Pod or tease. In lieu of a bond for the second asphalt laver of the streets, usually laid after construction of the homes are finished, Construction Plans must indicate both lavers of shalt will be applied concurrently, accordingly to application standards. 10. A eempleto sidewalk system shall b ..emplote phaou wit#in 5 year from the —date of f&s(- iIding pramit iamanc ° r-esidential build aut ( f that Pod o ..has ), whi iover eemesfir-st. nbd � eqiial to cnai of t#e x/amatod aubmittwu to the eity before approval e f the C nstr-uetien Drawings for- the Pod er Submittal of a bond equal to 110% of the estimated costs for the remaining lineal footal;e of unfinished sidewalks for the exact amount of unbuilt lots that do not have building permits applied for before the subsequent Mase's final plat can be approved. 11. Natural gas lines shall be installed and available to the subdivision with details provided in the Construction Drawings for each Pod or phase. 12. The Declaration of Covenants, Conditions, and Restrictions for Spirit of Sebastian shall provide durable assurances regarding strong adherence to individual property owners maintaining the dedicated perimeter and internal landscape easements in accordance to the city -approved landscape plan for the subdivision., and illustrate definitelv where fences can be placed with retards to the landscape easements. 13. At minimum, decorative light poles must be installed along the entire length of Spirit Boulevard, in coordination with Florida Power & Light. 226 of 409 PO Box 690621 Vero Beach, FL 32969 772-999-3494 December 20, 2019 Mrs. Dorri Bosworth Community Development Department City of Sebastian 1225 Main Street Sebastian, Florida 32958 RE: Spirit of Sebastian PUD Preliminary Development Plan/Plat Pods 1 and 2 Dear Dorri: Please accept this letter as a request for adjustment for the vehicular access connection to Old Dixie Highway. The PUD conceptual plan was approved depicting a full permanent access driveway onto Old Dixie Highway. However, after several discussions and meetings with Indian River County representatives, only an emergency and construction only access will be allowed. The PUD preliminary development plans have been revised to reflect this condition. Thank you for your attention to this matter. Feel free to contact me with any questions. Sincerely, Chuck Mechling 7 Spirit of Sebastian, LLC RECEIVED JAN 16 2020 City of Sebastian ccmmunify Development depl 227 of 409 Po Box 690621 Vero Beach, FL 32969 772-999-8494 December 20, 2019 Mrs. Dorri Bosworth Community Development Department City of Sebastian 1225 Main Street Sebastian, Florida 32958 RE: Spirit of Sebastian PUD Preliminary Development PIan/Plat Pods 1 and 2 Dear Dorri: Please accept this letter as a request for adjustment for the maximum cul-de-sac length depicted on the plans for the above referenced project. Section 54-4-19.11(i)(4)(h) states streets shall not exceed the length of 600 feet. To address this issue, access tracts have been provided at the terminal ends of the cul-de-sacs over 600 feet to provide connectivity and allow for pedestrian and bicycle access. Thank you for your attention to this matter. Feel free to contact me with any questions. Sincerely, 9. lk'� Chuck Mechling Spirit of Sebastian, LLC RECEIVED ]AN 16 2020 City of Sebastian Community Development Depl. 228 of 409 CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND [.AND SURVEYORS 1708 21st STRGLT • VERO REACH, FLORIDA 32960.3472 , 772-562-4191 , 772.562.7(60 (FAX) JOHN H, RLUM. P.F., PRINCIPAL UAVID E I_ urHJE, P.S.M., PRINCIPAL GEORGE A. SIMONS, P.E., PRINCIPAL. PA7RICK S. WALTHER. P.E., PRINCIPAL AIARV[N E. CARTER, P.S.M.. Consu[tam to the Firm DFAN V LIIGI'HJF. P.F.-ai RN,ConsalJant to Ibc Find ® N — LU Q to C p FRANK S. CUCCURESE, P.S.M. ( J r .S7 L) cuNrON J. RAHJES, P.E. TYLER N. SPENC'FR. P.F_ LU rn 0 Q IX `� U E a U PUBLIC FACILITY IMPACT STATEMENT for SPIRIT OF SEBASTIAN — PODS 1 and 2 12/20/19 (Revised August 10, 2020) The following information is provided to support the property's negligible impact on the concurrency management system including public facilities, the environment, and compatibility with the neighboring properties; a) Wastewater The property will be served by public sewer facilities provided by Indian River County Utility Services. The point of connection to existing sewer facilities (i.e. force main) is located along Old Dixie Highway just north of the property. The development will provide gravity sanitary sewer collection conveyed to an on -site lift station constructed in the recreation tract of Pod 1. Assuming 250 gallons per day for the 208 single-family units in Pods I and 2, an estimated 52,000 gallons per day of projected flow will be generated for the property. The plant capacity available for the North and Central Wastewater Treatment Facilities is 2.08 MGD. b) Recreation and Open Space The demand for recreation area shall be determined by multiplying the city's recreation area level of service standard (4.0 acres per 1,000 population or .0040 acre multiplied by each person served by the development). Therefore, assuming 2.5 persons per unit (208 single- family), a total of 2.08 acres of recreational area is required for the development. A total of 2.48 acres of recreational facilities which includes the recreation tract and pavilion, bike lanes, and parks are provided in Pods 1 and 2, Furthermore, a minimum 50% open space is required for the development. The open space provided in Pods 1 and 2 exceeds the minimum. Open space is provided in the lawns of the homesites, green area in the rights -of -way, landscape tracts, stormwater tracts, and the green area in common area tracts. Selving E�lolicla PA17A2F Spiril of SebasUanTermiftiNkCi(yTP anningiPubiie Facility Impact Statement (Pods 1 and 2).doc *A-1 Since 1911 Page I of 3 229 of 409 c) Potable Water The property will be served by public water facilities provided by Indian River County Utility Services. The on -site water distribution system will be looped throughout the development and connect to existing water mains along Old Dixie Highway just north of the property and to a water main stub -out near the western property line at Del Monte Road. Assuming 250 gallons per day for the 208 single-family units in Pods 1 and 2, an estimated 52,000 gallons per day of projected flow will be generated for the property. The plant capacity available for the North and South RO Water Plants is 7.59 MGD. d) Stormwater Management The subject property previously had mining operations performed that created two large ponds in Pods 1 and 2. These ponds will be incorporated into the stormwater management system for retention of stormwater runoff prior to any off -site discharge into the adjacent Collier Creek canal system along the western portion of the project. Runoff fi•orn the homesites will sheetflow into the roadside curbing and be collected in catch basins that will pipe the stormwater into the retention ponds. e) Traffic Generation) A traffic impact analysis has been performed with the following trip generation estimates for Pods 1 and 2; Average Dailv Trins 9.44 trips per single-family unit (9.44 trips/unit) x 208 s-f units = 1,964 average daily trips Total Average Daily Trips = 1,964 average daily trips P.M. Peak Hour Trins (4 - 6 P.M.) 0.99 trips per single-family unit (63% enter, 37% exit) (0.99 trips/unit) x 208 s-f units = 206 peak hour trips = 130 peak hour trips entering = 76 peak hour trips exiting Total P.M. Peak Hour Trips = 206 peak hour trips (130 entering, 76 exiting) (Reference; ITE Trip Generation Manual, 10" Edition - Code 210) f Solid Waste Garbage and recycling collection are provided by Waste Management and will be curbside pick-up. Bulk yard waste collection will also be provided. 5el�'ii>k I. CA( Li PA17-42E Spirit of SebaslianlPermiHing4GityTionninglPublic Facility Impact Statement {Pods 1 and 2}.doc AI Sill(I� 011 Page 2 of 3 230 of 409 g) School District Information Schools that will service this development: (Note: School capacity information below was provided by the Indian River County School District) Current Current Project School Name Enrollment Capacity Demand Sebastian Elementary 401 637 39 Storm Grove Middle School 1043 1244 20 Sebastian River High 1930 2318 26 The school service area boundary has sufficient space available to accommodate the students projected to be generated from this project. h) Financial Analysis — Tax Revenue Ad Valorem Taxes Median Value x # of units x Millage Rate = Value to the Community Median Value of Homes = $275,000 Median Single -Family Homes 208 City of Sebastian Millage Rate = 2.9399 ® $275,000 x 208 units x 2.9399 = $168,162.28 Stormwater Fee ® 208 units x $120/unit/year = $24,960.00 Total Annual Revenue = $193,122.28 per year One -Time Recreational Fee at Bldl?. Permit Issuance 208 units x $975/urut/year- _ $203,424.00 i) Compatibility with neighboring properties The property is directly adjacent to two residential neighborhoods (Sebastian Highlands and South Moon Under) and also near The Laurel Reserve. The proposed "low density residential" land use is compatible with these developments. All three neighborhoods were developed with a density between 1.1 units per acre and 3.44 units per acre, which is consistent with the subject property (Pod I — 2.56 units per acre, Pod 2 - 2.97 units per acre). Pa17A2E Spirit of SebaslianlPermitlinglCityTIanninglPublic Facility Impact Stalement (Pods land 2).doc St hiv,11nick Situ v Hit - Page 3 of 3 231 of 409 Time Stamp Received School Impact Analysis Form Instructions: Submit one copy of completed application, location map, and applicable fee for ea"ch.new residential project or building permit requiring a determination of school capacity to the applicable local government. ® Conditional School Capacity Availability Determination E] School Capacity Availability Determination Type of Application Request: 0 Request for Exemotion Project Information Project Name: Spirit of Sebastian - Pods 1 and 2 Municipality (if applicable): Cityof Sebastian Parcel l0#: (attach separate sheet for multiple parcels): 31-39-07-00000-1000-00004 0, 5 0, 10 D and 31-39-07=oaa20-7000-00008 D Location/Address of subject property: Old Dixie Highway, south of CR 512 (77 99 acres) (Attach vicinity location map -with Closest Major Intersection) Ownership/Contact Information Owner/Contract Purchaser Name(s): _ Spirit of Sebastian LLC _. _ - Agent/Contact Person: Chuck Mechljrig_� — (If agent or contact information is completed the District will forward all information to that person) Mailing address: 6655 49th Street Vero Beach, Florida 32960 Telephonett: (772, 999-3194 Fax: Development Iniorrnation Current Land Use l Proposed Land Use Low Density Res Designation _ y Designation_ Law Density Residential Current Zoning PUD-R Proposed Zoning PUD-R ~ i 5F: 208 proposed # Dwelling units TH: by type`: M, : (rental) __ Condo: _ 'Show only the # of units for this application not the total for the development I hereby certify the statements and/or information contained in this application with any attachments submitted herewith are true and correct to the best of my knowledge- `` owner or Agent Signature llll t `y� -_ - DateC (If appticantis not the owner of record, a letter of authorization from the property owner(s) must be included with this format time of application submittal.) For School District Use Out) (Capacit), Availability Determinatinu} School Capacity Availabhl ., X School Cftpacity Not Available: Exenipt. School Capacity Availahic in Adjacent Seib ice Area: �rjx8rt� 9/18/19 School District Facilities Specialist Signature pate 232 of 409 Tuesday, September 17, 2019 Indian River County School District School Concurrency Availability Determination Project Name: Spirit of Sebastian — Pods 1 & 2 Project Unit Yield By Type of School Date Received: 9/17/19 Yield Elem Mid High Case Number: Single 0.189 39 Builder Name: Spirit of Sebastian, LLC Single 0.097 20 Single 0.123 26 Location: Old Dixie Highway, South of CR 512 (77.99 acres} Sebastian, FL Parcel [DO 32390700000100000004.0 32390700000100000005.0 32391700001015000010.0 31390700000700000008.0 Project Planned Units: # Single Family: 208 # Multi Family(Condos): # Townhomes: # Apartments: Additional Applicant: Spirt of Sebastian, LLC Information: Contact: Chuck Mechling 6655 49`h Street Vero Beach, FL 32960 772-999-3194 — Phone School Service Area Boundary Current Programmed Total Current I Vested Total Available Project: (SSAB) Capacity Capacity Capacity Enrollment Demand Demand Capacity Demand Sebastian ES 637 0 637 401 0 401 236 39 Storm Grove MS 1244 0 1244 1043 0 1043 201 2A Sebastian HS 2318 0 2318 1930 0 1930 388 2.5 This letter is in response to a Conditional School Capacity Availability Determination Request for the Project Spirit of Sebastian — Pods 1 & 2. This Project is located in S5AB for Sebastian Elementary School, Storm Grove Middle School, and Sebastian High School, The SSAB does have sufficient space available to accommodate the students projected to be generated from this project. 233 of 409 r Florida City Gas ' August 10, 2020 Chuck Mcchling Operations Insite Solutions 6655 491, St. Vero Beach, FL 32967 Re: Natural Gas Service — Spirit of Sebastian Dear Chuck, This letter is provided to verify that Florida City Gas is the company which is responsible for providing natural gas service to the above listed location in Sebastian, Florida. Florida City Gas presently operates a G" polyethylene gas main at 30 PSI on die South side of Sebastian Blvd (CR-512) in which we would be able to serve your project. I have attached a screenshot of out system in that area for your information. This letter may be relied upon by you, your successors and assigns as lessees of the property, and any mortgagees. Sincerely, Tim Knutson Customer Advisor timothy.knutson@nexteraenergy.com RECEIVE[) Florida City Gas, Inc. AUG I ! 2o20 561 NW Mercantile Place, Port 51. Lucie, FL 34966 City of Sebastiar, Community Dee rr,; ir4r, 234 of 409 Cl TRAFFIC IMPACT ANALYSIS Spirit of Sebastian City of Sebastian, Florida Prepared for: Insite, LLC 142344001 December 2018 ©Kimley=-Horn and Associates, lnc. CA Number 00000696 .45 24�h Street_ Suite 200 Vero Beach, Florida 32960 772-794-4100 TEL I'm I ty, ))) H o r n RECEIVE® DEC 12 2018 tarty of Sebastian COMMunity Oevelnpn... „cpt. 235 of 409 14 SPirit of Sebastian PUD — ` Traffic Impact Analysis y Spirit of Sebastian TRAFFIC IMPACT ANALYSIS Prepared for Insite, LLC Prepared by: Kinl.ey-Horn and Associates, Inc. 445 24th Street, Suite 200 Veto Beach, Florida 32960 December 2018 G i _ Q 56939 $find , P.E.' r 7% r \ " '10 pz AL �N�\0 142344001 The entirety of this report, including text and enrages, if property of K mig-Horn and Associates, protected under U S_ cooyri�ht law,copyright cO 2018, Ktmley-Horn and Associates, Inc. 236 of 409 Spirit of Sehastian PUD — _ - - Traffic Impact Analysis TABLE OF CONTENTS I. INTRODUCTION.................................................................................................1 II. PROJECT TRAFFIC............................................................ ...3 TripGeneration....................................................................................................... 3 Trip Distribution and Assignment......................................................................... 5 Study Area Intersections......................................................................................... 5 III. SITE ACCESS....................................................................................................15 1V. CONCLUSION..................................................................................................17 APPENDICES LIST OF FIGURES Figure 1 — Site Location Map.................................................................................. 2 Figure 2 — Projected Driveway Volumes............................................................16 LIST OF 'TABLES Table 1 — Trip Generation....................................................................................... 4 Table 2 — AM Pk Hr Existing Traffic Intersection Analyses ............ .............. — 7 Table 3 — AM Pk Hr 2028 Background Traffic Intersection Analyses ............ 8 Table 4 — AM Pk H>r 2028 Total Traffic Intersection Analyses ........................ 9 Table 5 — PM Pk Hr Existing Traffic Intersection Analyses ............................10 Table 6 — PM Pk Hr 2028 Background Traffic Intersection Analyses ........... 11 Table 7 — PM Pk Hr 2028 Total Traffic Intersection Analyses .......................12 142344001 Page i Kimley>)>Hw fi 237 of 409 Spirit of Sebastian PUD Traffic Impact Analysis Ii. INTRODUCTION I I 1 The intent of this report is to identify the potential traffic impact, if any, associated with the Spirit of Sebastian project proposed generally on the -rest side of Old Dixie Highway between CR 512 and Schumann Drive in the City of Sebastian, Florida. A map depicting the location of the subject development is provided as Figure 1. A site plan is included in the Appendix. The proposed development program includes 456 single-family residential dwelling units and 130 duplex residential dwelling units. In accordance with the agreed upon methodology between the applicant and the City of Sebastian, a traffic impact analysis is required to document the external traffic impacts of this proposed development. The objectives of this report are as follows: • To adequately assess the traffic impacts associated with the proposed development and identify the level of off -site access and traffic control improvements required. • To provide public agencies a comprehensive study which evaluates and documents the traffic impacts and off -site improvements, where warranted. • To provide a technically sound basis to identify impacts and related mitigation requirements in response to off -site traffic impacts. Page 1 Kimiey*Horn 238 of 409 142344001 I Spirit of Sebastian PIJD Traffic Impact Analysis II. PR®IECI' TRAFFIC The anticipated traffic impacts associated with the proposed development were derived using a process of trip generation, distribution, and assignment in accordance with the agreed upon methodology. p' TRIP GENERATION The volume of traffic generated by a subject project is dependent on the intended land use and size of the development on that property. Trip generation can he defined as an estimate of the number of trips generated by - a specific building or land use. These trips represent the volume of new traffic added to the roadway network. The cumulative estimate of new trips associated with the subject development program was developed using the methodology and equations contained in the Institute of Transportation Engineers gTE) Trcp Generation Manmal, Tenth Edition. Trip generation characteristics for the project were based on ITE Land Use Code ITE 210 (Single -Family Detached Housing) and ITE 220 (Multi -Family Housing [Low -Rise]). The projected number of Daily trips, AM peak flour trips, and PM peak hour trips are detailed in Table 1. 142344001 Page 3 Kfk' ley,>) Ilo[ 1S 240 of 409 Spirit of Sebastian PUD Traffic Impact Analysis Table 1 — Trip Generation AM Peak Hour PM Peak Hour Land Use Scenario Daily Intensity of A ilacent Street of AdlacentStreet Trips Total _ In Out Total In Oui Gross Pmiert Td ns IPrnnosed Develoamentl Single -Family Detached Housing 456 OU 4,305 337 84 253 451 284 167 Multi -family Housing(inw-Rise) 130 OW 952 so 14 46 73 46 21 Subtotal 5,257 397 98 299 324 330 354 Driveway Valumes 5,257 397 98 299 524 330 154 NET NEW E:XMNACTRIPS(PROPOSED DEVELOPMEMj.-3 5,257. .397._. ..98. _...299... 524. _..330 194 Note: Trip generation was calculated using the following data from ITE's Trip Generation Mannol, 10th Edition: Sineie-Family Detached Housine ffrE 2101 Daily T=9R4'(X); (Xls#ofdwe1UnguniW AM Peak Hour of AdlacentStreet T=0.741(Xj; (Xis#ofdwellingunits;25%fa,75%out( PM Peak Hourof Adjacent Street T=0.99'(Xl; (Xis#ofdwellingunits;m%fn,37%auq Muitf"[Iy HousinP itow-Rise S f FFE 22DI. Daily T=7.32'(X); (X is goidwelling units) AM Peak Hour of Adlacent5treet T=0.46'(Xl; (X is pof dwe;ling units; 2516In, 751Aout) PM Peak Hourof Adlacent5treet T=0.W(XI; (KIs# of dwelling units; M%In, 37%outl 14234-4001 Page 4 KimleyoHoi n 241 of 409 Spirit of Sebastian PUD TRIP DISTRIBUTION AND ASSIGNMENT Traffic Impact Analysis The distribution and assignment of trips associated with the proposed development was derived through a gravity model based on the transportation planning modeling programs contained in the Florida Standard Urban Transportation Modeling Structure (FSUTMS). The FSUTMS programs were employed to provide an objective distribution and assignment of project trips onto the roadway network. Hand adjustments to the model output were made based on engineering judgment and based on input from the City of Sebastian. The hand -adjusted model output, as approved by the City, is provided in the Appendix. ISTUDY AREA INTERSECTIONS The project is anticipated to be developed in phases. Study area intersections were evaluated based on a 10-year buildout horizon (2028 buildout). Upon review of the proposed methodology for this analysis, the City of Sebastian staff requested that the following eight (8) intersections be evaluated to comprise the project's study area: • CR 512 & Easy Street O CR 512 & Delaware Avenue N CR 512 EB & S Wimbrow Drive ® CR 512 EB & US 1 a Del Monte Road & Easy Street ® Del Monte Road & S Wimbrow Drive ® Schumann Drive & Bailey Drive 6 Schumann Drive & US 1 Intersection analyses were performed based upon existing traffic conditions, 2028 future background (without project) traffic conditions, and 2028 total (with project) traffic conditions_ AM peak hour analysis results for existing 142344001 Page 5 KImley>)) orn 242 of 409 spirit of Sebastian PUD Traffic Impact Analysis traffic conditions, 2028 future background (without project) traffic conditions, and 2028 total (with project) traffic conditions are presented in Tables 2, 3, and 4, respectively. Similarly, PM peak hour analysis results for existing traffic conditions, 2028 future background (without project) traffic conditions, and 2028 total (with project) traffic conditions are presented in Tables 5, 6, and 7, respectively. Note that the analyses were based on existing signal timing data provided by Indian River County and turning movement data collected in October 2017, March 2018, and May 2018. Raw count data was adjusted to reflect peak season 2018 traffic conditions. Raw data and intersection volume development worksheets are included in the Appendix. 142344001 Page G Kimieyy))Horn 243 of 409 Spirit of Sebastian PUD Traffic Impact Analysis Table 2 AM Peak Hour Existing Traffic Conditions Intersection Analysis Results Existing Intersection Conditions LOS Delay 0) CR 512 & Easy Street D 40.8 CR 512 & Delaware Avenue C 34.1 CR512EB& B 12.2 S Wimbrow Drive(2) CR 512 EB & US 1 E 64.4 Del Monte Road & Easy Street(2) A/A 9.5/8.9 Del Monte Road & S mbrow Drive(2) A/A 9.3/9A Ws Schumann Drive & B 10.3 Bailey Drive(z) Schumann Drive & US 1 C 22.7 Notes: (1) Delay is represented as seconds per vehicle (2) LOS and Delay are reported for the stop - controlled approaches at unsignaaed intersections 142344001 Page 7 Kimley)>Mom 244 of 409 Spirit of Sebastian PUD Intersection Traffic Impact Analysis Table 3 AM Peak Dour 2028 Background Traffic Conditions Intersection Analysis Results 2028 Background Required Improvements iin Traffic Conditions 2028 Background Traffic Conditions LOS Delay (i) 2028 Background Traffic Conditions with Required Improvements (2) LOS Delay (1) CR 512 & Easy Street D 43.0 None -- -- CR 512 & Delaware D 35.7 None -- -- Avenue CR 512 EB & B 14.6 None -- -- S Wirnbrow Drive(3) CR 512 EB & US 1 F 136.2 Additional NB through lane; D 51.4 Additional SB through lane Del Monte Road & A/A 9.8/9.0 None -- Easy Street(3) Del Monte Road & A/A 9.5/9.1 None -- S Wimbrow Drive(3) Schumann Drive & B 10.8 None - -- Bailey Drive(3) Schumann Drive & U5 1 C 28.5 None — Notes: (1) Delay is represented as seconds per vehicle (2) Includes required intersection improvements (3) LOS and Delay are reported for the stop -controlled approaches at unsignalized intersections 142344001 Page 8 Kimley*Harn 245 of 409 Spirit of Sebastian P1JD Traffic impact Analysis Table 4 AM Peak Hour 2028 Total Traffic Conditions Intersection Analysis Results 2028 Total Traffic Intersection Conditions LOS Delay (1) CR 512 & Easy Street D 43.9 CR 512 & Delaware Avenue D 36.6 CR 512 EB & S Wimbrow Drive(2) C 21.3 CR 512 EB & US 1 D 53.4 Del Monte Road & Easy Street(2) B/A 10.2/8.8 Del Monte Road & S Wimbrow Dnve(2) B/A 11.2/9.9 Schumann Drive & Bailey Drive(2) B 13.6 Schumann Drive & US 1 C - 29.3 Notes: (1) Delay is represented as seconds per vehicle (2) 'L.OS and Delay are reported for the stop - controlled approaches at unsignalized intersections (3) Note that each improvement required in the AM Peak Hour 2028 Background Traffic Conditions analysis was incorporated in the 2028 Total Traffic Conditions analysis 142344001 Page 9 Kimley*Morn 246 of 409 W Spiiit of Sebastian PUD Traffic Impact Analysis A Table 5 PM Peak Hour Existing Traffic Conditions Intersection Analysis Results Existing Intersection Couditions LOS Delay (1) CR 512 & Easy Stteet D 42.4 CR 512 & Delaware Avenue D 38A CR512EB& B 11.1 S Wj brow DiiVe(2) CR512EB&US1 F 139.2 Del Monte Road & Easy Street(2) A/A 9.5/9.0 Del Monte Road & S Wimbrow Drive(2) A/A 9.2/8.5 Schumann Drive & Bailey Drive(z) A 9.8 Schumann Drive & US 1 C 31.9 Notes: (1) Delay is represented as seconds per vehicle (2) LOS and Delay are reported for the stop - controlled approaches at unsignalized intersections 142344001 Page 10 Kimley>Moi n 247 of 409 Spint of Sebastian PUD Traffic Impact Analysis Table G PM Peak Hour 2028 Background Traffic Conditions Intersection Analysis Results 2028 Background 2028 Background Required Improvements in Traffic Conditions Intersection Traffic Conditions 2028 Background Traffic with Required Conditions Improvements (2) LOS Delay (1) LOS Delarr (t) CR 512 & Easy Street D 445 None CR 512 & Delaware Avenue D 40.2 None - - CR 512 EB & S Wiimbrow Drive(3) B 12.0 None -- -- CR 512 EB & US 1 F 209.2 Additional NB through lane; D 52.8 Additional SB through lane Del Monte Road & Easy Street(3) A/A 9.$/9.1 None Del Monte Road & A/A 9.5/8.6 None S Wimbrow Ddve(3) Schumann Drive & Bailey Drive(3) - B 10.1 None -- -- Schumann Drive & US 1 F 69.4 Signal timing adjustment D 41.8 Notes: (1) Delay is represented as seconds per vehicle (2) Includes required intersection improvements (3) LOS and Delay are reported for the stop -controlled approaches at unsignalized intersections 142344001 Page 11 Kimiey> Horn 248 of 409 Spirit of Sebastian PUD Traffic Impact Analysis Table 7 PM Peak Hour 2028 Total Traffic Conditions Intersection Analysis Results 2028 Total Traffic Intersection Conditions LOS Delay (1) CR 512 & Easy Street D 46.0 CR 512 & Delaware AD 41.0 Avenue CR 512 EB & S Wimbrow Drive(2) B 14.2 CR512EB&US1 D 54.8 Del Monte Road & Easy Street(z) B/A 10.6/8.8 Del Monte Road & S Wimbrow Drive(2) B/A 12.6/9.9 Schumann Drive & Bailey Dnve(2) B 13.2 Schumann Drive & US 1 D 42,8 Notes: (1) Delay is represented as seconds per vehicle (2) LOS and Delay are reported for the stop - controlled approaches at unsignalized intersections (3) Note that each improvement required in the PM Peak Hour 2028 Background Traffic Conditions analysis was incorporated in the 2028 Total Traffic Conditions analysis 142344001 Page 12 Kimley*HOI i 249 of 409 w rSpirit of Sebastian THUD Traffic impact Analysis As detailed in these tables, six of the eight study area intersections were shown to perform acceptably (LOS D or better) through future year 2028 for both background (non -project) and total (with project) traffic conditions. The intersection of CR 512 Eastbound & US 1 is shown to experience a level of service deficiency under existing conditions for both the AM peak hour (LOS E) and PM peak hour (LOS F). Increased traffic volumes from background growth worsen the operational deficiencies in the 2028 future background (non -project) traffic conditions. Additional operational analyses were performed for the intersection of CR 512 Eastbound & US 1 to determine what improvements would allow this intersection to operate acceptably. With the addition of a northbound through lane and a southbound through lane, the intersection was shown to operate acceptably. The Indian River County Metropolitan Planning Organization (MPO) 2040 Long Range Transportation Plan, published in December of 2016, identified a roadway deficiency on US 1 from CR 512 to Roseland Road, which includes this intersection. Therefore, the addition of through lanes at this intersection is anticipated as a future need even without development of the subject project. The intersection of Schumann Drive & US 1 is shown to experience a level of service deficiency under 2028 future background (non -project) traffic conditions during the PM peak hour. Minor signal timing adjustments were sufficient to improve the operations of this intersection to an acceptable level of service. Table 3 and Table G detail the results of the additional analyses and the improvements required to alleviate the deficiencies. HCS output reports are included in the Appendix for the described scenarios. -4 The following list describes the improvements required during 2028 142344001 Page13 Kimley>>>Horn 250 of 409 I A D 0 11 I Spent of Sebastian PUD — _ _ Traffic Impact Analysis . Background Traffic Conditions: • Additional northbound through lane at US 1 & CR 512 Eastbound $ Additional sorthbound through lane at US 1 & CR 512 Eastbound • Signal timing adjustments at US 1 & Schumann Drive The improvements noted above for the intersections of CR 512 Eastbound & US 1 and Schumann Drive & US 1 were needed prior to the addition of project traffic. Chapter 163.3180 of the Florida Statutes state that any improvements determined to be needed prior to adding project traffic are to be considered to be in place when evaluating buildout (with project) traffic conditions. Therefore, these improvements were added to the buildout (with project) traffic analysis. As detailed in Table 4 and Table 7, all the evaluated intersections are projected to operate acceptably when assuming the improvements identified as needed in 2028 Background Traffic conditions were in place. Because no further improvements are required to accommodate project traffic volumes beyond those required for the 2028 future background (non -project) traffic, no improvements are required to be constructed by the applicant. 1. 142344001 Page 14 Kimley»)Horn 251 of 409 Spirit of Sebastian PUD III. SITE ACCESS Traffic Impact Analysis Site access will be provided via a full -access connection to Bailey Drive and a full -access connection to Del Monte Road. Figmre 2 illustrates the anticipated project trips at each driveway connection during the AM and PM peak hour ti.meframes. REQUIRED SITE ACCESS IMPROVEMENTS Pursuant to City of Sebastian Land Development Code (LDC) ingress turn lane standards, a westbound ingress right -turn lane is warranted on Schumann Drive at Bailey Drive for the 132 PM peak hour right -turns and an eastbound ingress left -turn lane is warranted on Schumann Drive at Bailey Drive for the 66 PM peak hour left -turns. Additionally, a southbound left -turn lane is warranted on Baily Drive at Schumann Drive. A northbound right -turn lane on Baily Drive at the project entrance is also warranted. 142344001 Page 15 Kimley>))Horn 252 of 409 Spirit of Sebastian PUD Traffic Impact Analysis IV. CONCLUSION A proposed development consisting of 456 single-family residential dwelling units and 130 duplex residential dwelling units will be generally located on the west side of Old Dixie Highway between CR 512 and Schumann Drive in the City of Sebastian, Florida. An analysis of the traffic impacts associated with the proposed project was performed in accordance with the methodology approved by the City of Sebastian. The results of this analysis indicate that acceptable levels of service will be maintained at the study area intersections with the incorporation of the intersection improvements that are required under 2028 Background Traffic conditions. Pursuant to City of Sebastian Land Development Code (LDC) ingress turn lane standards, a westbound ingress right-tum lane and an eastbound ingress left -turn lane are warranted on Schumann Drive at Bailey Drive. Additionally, a southbound left -turn lane is warranted on Bailey Drive at Schumann Drive. A northbound right -turn lane on Bailey Drive at the project entrance is also warranted. 142344001 Page 17 Kimkep orn 254 of 409 From Florida Statutes Chapter 163.3180 b. In using the proportionate -share formula provided in this subparagraph, the applicant, in its traffic analysis, shall identify those roads or facilities that have a transportation deficiency in accordance with the transportation deficiency as defined in subparagraph 4. The proportionate -share formula provided in this subparagraph shall be applied only to those facilities that are determined to be significantly impacted by the project traffic under review. If any road is determined to be transportation deficient without the project traffic under review, the costs of correcting that deficiency shall be removed from the project's proportionate -share calculation and the necessary transportation improvements to correct that deficiency shall be considered to be in place for purposes of the proportionate -share calculation. The improvement necessary to correct the transportation deficiency is the funding responsibility of the entity that has maintenance responsibility for the facility. The development's proportionate share shall be calculated only for the needed transportation improvements that are greater than the identified deficiency. 255 of 409 21' ICE, 1. Consulting ECoIOgiSts 401 Ocean Avenue, Suite 204, Melbourne Beach, Florida 32951 William W. Kerr, President 321.951.7964 Office * 321.951.8909 Fax www.bki-ecoloeists.corn August 23, 2018 Chuck Mechling Ridgewood Sebastian, LLC 5070 North Highway Al Suite CA Vero Beach, Florida 32963 Project: Spirit of Sebastian ±182 acres in Sections 7, 8, and 17, Township 31 South, Range 39 East Parcel ID: 31390700000100000005.0, 31390700000100000004.0, 31390700000700000010.0, 31390700000700000011.0, 31390700000700000008.0, 31390700000700000006.0,31390700000100000010.0,31391700000300000010.0, 31391800000100000001.0, 31390700000700000007.0, 31390700000700000012.0 Sebastian, Indian River County, Florida BK1 File No. 18016 Subject: Gopher Tortoise Survey Dear Sirs: B.K.I., Inc. Consulting Ecologists (BK>) has completed a 100% gopher tortoise survey on the first development area of the above -referenced site. This includes areas denoted as Pod I and a park area within Pod 2. This survey was conducted on August 16 and 22, 2018. The following is a discussion of our findings. INTRODUCTION The subject parcel is located in the City of Sebastian, south of SR 512, west of Old Dixie Highway. The site is located in Sections 7, 8, I7, Township 31 South, and Range 39 East, in Indian River County, Florida (Figure 1). According the Indian River County Property Appraiser, the subject parcel acreage is listed as 182.87 acres. County property appraiser acreages can be slightly different from the GIS acreages that are calculated (GIS 181.97 ac). There has been a large amount of disturbance from the parcel's historical natural conditions. The site has been highly modified from its native condition. The historic aerials indicate the site was a large citrus grove until the mid 1990s,. MitigationlConservation Bank Permitting * Land Management Plans * Environmental Assessments & Permitting GISIGPS Mapping * Wildlife Evaluations * Feasibility Studies * Wetland Assessments & Enhancements BK1 18016 Spirit of Sebastian— Gopher Tortoise Survey 256 of 409 Between 1994 and 1999 the site was used as a sand mine. These land uses resulted in a radical change of the native topography. Gopher tortoises are adept at utilizing disturbed habitats. VEGETATIVE COMMUNITY The land use according to St. Johns River Water Management District data is composed of several Land Use types including both uplands and wetlands (Figure 2). Codes describe what land uses are present onsite. Several land uses are indicated, especially on the periphery of the approximate site boundary, but may not actually be located on the parcel. Table I includes a brief description and the approximate acreage of each land use type. Table 1: Land Use Types Located in Survey Area. Code Description Acres 2240 Abandoned Grove 68.3 422-0 Brazilian Pepper 7.9 5340 Reservoir <10 Acres 7.6 1 83.8 Abandoned Grove (2240) — 68.3 acres This area of the site appears to be have been highly modified from its natural condition. This area was utilized as a sand mine, which removed material from the ground and resulted in a generally flat area. After the sand mine, the area was utilized as a palm tree farm. The area is vegetated with some of slash pine (Pinus elliottii), some laurel oaks (Quercus laurifolia), and cabbage palm (Sabal palmetto). The understory is composed of saw palmetto (Serenoa repens), broomsedge (Andropogon spp.), bahia grass, gallberry (Ilex glahra), and grapevine (Vitus rotundfolia). The areas that were utilized as a palm tree farm now have several ornamental palm species including washingtonia palms (Washinglonia robusta). Many of these palms are greater than 20' in height. There is also xeric recruiting vegetation such as prickly pear cactus (Opuntia spp.), that probably comes from the remaining native elevation areas or the seed source within the soils. Brazilian Pepper (4220) — 7.9 acres This area of the parcel is dominated by a monoculture of Brazilian pepper (Schinu.s terebinthifalius). The pepper is very dense. There is also some other forested vegetation including slash pine, laurel oak, and some exotic, terrestrial grasses. Reservoir <10 Acres (5340) — 7.6 acres These excavated reservoirs were created after the sand mine was completed. It is BKI's opinion that the area is surface water. EIevations onsite range from 20-34 feet NAVD. The tortoise burrows occur above the 20' elevation contour. A map of the available LIDAR elevation data is included as Figure 3. BKI 18016 Spirit of Sebastian — Gopher Tortoise Survey Z 257 of 409 SOILS There are seven (7) soil types found onsite (Figure 4). The following is a general descriptions of the soils, as described within the soil survey. 4—Immokalee tine sand Hydric Setting This is a nearly level (0 to 2% slopes), poorly drained soil of flats on marine terraces. There are fine sandy layers at a depth of 0 to 80 inches. Normally the water table is at a depth of 0 to 12 inches, with no chance of flooding or ponding. The native vegetation of these soils would be typical of pine flatwoods. This soil does meet hydric criteria. Non-Hydric Setting This is a nearly level (0 to 2% slopes), poorly drained soil on flatswoods on marine terraces. There are fine sandy layers at a depth of 0 to 80 inches. Normally the water table is at a depth of 6 to 18 inches, with no chance of flooding or ponding. The native vegetation of these soils would be typical of pine flatwoods. This soil does not meet hydric criteria. 11—St. Lucie sand, 0 to 8 percent slopes This is a steep (0 to 8% slopes), excessively drained soil of dunes and knolls on marine terraces. There are sandy layers at a depth of 0 to 80 inches. Normally the water table is at a depth of 80 inches, with no chance of flooding or ponding. The native vegetation of these soils would be typical of sand pine scrub. This soil does not meet hydric criteria. 12—Archbold sand, 0 to 5 percent slopes This is a steep (0 to 5% slopes), excessively drained soil of dunes and knolls on marine terraces. There are sandy layers at a depth of 80 inches. Normally the water table is at a depth of 42 to 72 inches, with no chance of flooding or ponding. The native vegetation of these soils would be typical of sand pine scrub. This soil does not meet hydric criteria. 21—Pomello sand, 0 to 5 percent slopes This is a steep (0 to 5% slopes), moderately well drained soil of knolls on marine terraces. There are sandy layers at a depth of 80 inches. Normally the water table is at a depth of 24 to 42 inches, with no chance of flooding or ponding. The native vegetation of these soils would be typical of sand pine scrub. This soil does not meet hydric criteria. 33—Astatula sand, 0 to 5 percent slopes This is a steep (0 to 5% slopes), excessively drained soil of ridges on marine terraces. There are sandy layers at a depth of 80 inches. Normally the water table is at a depth of 80 inches, with no chance of flooding or ponding. The native vegetation of these soils would be typical of sand pine scrub. This soil does not meet hydric criteria. 45—Myakka fine sand, frequently ponded, 0 to 1 percent slopes This is a nearly flat (0 to 1% slopes), very poorly drained soil of depressions on marine terraces. There are fine sandy layers at a depth of 80 inches. Normally the water table is at a depth of 0 inches, with no chance of flooding, but frequent ponding. The native vegetation of these soils would be typical of freshwater marshes and ponds. This soil does meet hydric criteria. BKI 18016 Spirit of Sebastian — Gopher Tortoise Survey 3 258 of 409 99—Water Much of the site includes soils that can be suitable habitat for gopher tortoises. GOPHER TORTOISE Gopher tortoises are listed by Florida Fish and Wildlife Conservation Commission (FWC) as a Threatened species. FWC regulates the species (through Chapter 68A-27 FAC). Suitable gopher tortoise habitat typically includes the following three (3) factors: well -drained loose soil in which to burrow, adequate low -growing herbs for food, and open sunlit sites for nesting. Frequently gopher tortoises will utilize rural or disturbed lands for nesting and foraging. Several photographs have been included for illustration (Appendix A). DESCRIPTION OF SURVEY METHODOLOGY Pedestrian surveys were conducted throughout the entire site (-83.8 acres). The entire parcel area was surveyed for the presence of gopher tortoise burrows. This survey was done to encompass all of the available habitat in which tortoises could reside onsite. The undeveloped land provides adequate tortoise habitat. Evidence of tortoise usage was observed and noted by all of the following indicators: active tortoise burrows, tortoise scat, and critter trails in and around the ground cover. SURVEY RESULTS As a result of the survey, 105 adult gopher tortoise burrows and 2 juvenile burrows were identified within the parcel (Figure 5). These burrows were described as potentially active. A pink flag was placed above each burrow. The majority of the burrows were located within disturbed habitats including the large mined, tree farm area. According to FWC regulations and calculations, the 105 burrows can represent that there are approximately 53 tortoises located onsite. The effective density of gopher tortoises on the parcel is 1.4 gopher tortoise per acre according to FWC regulations. FWC regulations require that no taking of gopher tortoises is allowed. All gopher tortoises must be relocated from potential development areas. If burrows remain 25 feet or farther from the clearing or construction area, no permit is required. There cannot be any disturbance, clearing, or construction within 25 feet of any burrows. If burrows are going to be impacted, the tortoises must be relocated. GPS points were collected with a handheld unit that has limited accuracy and may not be the exact location. Tortoise burrows within any potential clearing or construction area will have to be relocated. A FWC Conservation Permit will have to be obtained for the site. Tortoises will be relocated to a long- term recipient site. The associated fees to be paid to FWC are estimated as $213 permit fee and $319 per adult tortoise after the first five. The FWC total will be approximately $15,525. If less than 53 adult tortoises are relocated the balance is refunded from FWC to the applicant minus 2% handling fee. $KI 19016 Spirit of Sebastian -- Gopher Tortoise Survey 4 259 of 409 The recipient site costs vary with demand and typically range from $750-$950. Assuming relocating 55 tortoises at $900 per tortoise the recipient site costs will be approximately $49,500. Excavation of the burrows is estimated at approximately 10 days of digging. The excavation typically costs $2,200 per day for an excavator, operator, and the biologist. Total excavation cost is estimated at $22,000. The total relocation cost for Pods l and 2 of the site will be approximately $87,000. A survey is considered current for 90 days. Since tortoises will excavate new burrows at any time, it is suggested that care should be taken to not impact tortoise burrows if any clearing is taking place. This survey will be valid until November 22, 2018. If there are any questions or comments regarding the information included within this report, please feel free to contact me at (321) 951-7964 or via email at chrisharndenacfl.rr.com . Sincerely, u Chris Hamden Project Manager/ Ecologist Attachments: Figure 1 - Vicinity / Aerial View Map Figure 2 - Land Use Map Figure 3 - LIDAR Elevation Map Figure 4 - MRCS Soils Survey Map Figure 5 - Gopher Tortoise Burrow Location Map Conceptual Plan — Carter Associates Appendix A - GPS Burrow Locations Appendix B - Photographs BKI 18016 Spirit of Sebastian — Gopher Tortoise Survey 260 of 409 BKI, INC. Consulting Ecologists 401 Ocean Avenue, Suite 204, Melbourne Beach, Florida 32951 William W. Kerr, President August 23, 2018 Chuck Mechling Ridgewood Sebastian, LLC 5070 North Highway AIA Suite C-1 Vero Beach, FL 32963 Project: Spirit of Sebastian ± 182 acres 321.951.7964 Office * 855.237,5281 Toll Free 321.951.8909 Fax www.bki-ecoloQists.com RECeVEI) AUG 302018 Cih+ of Seb Community L}eveioPment Dept in Sections 7, 8, 17 and Township 31 South, Range 39 East Parcel ID: 31390700000100000005.0, 31390700000100000004.0, 31390700000700000010.0, 31390700000700000011 .0, 31390700000700000008.0,31390700000700000006.0, 31390700000100000010.0,31391700000300000010.0, 31391800000100000001.0,31390700000700000007.0, 31390700000700000012.0 Sebastian, Indian River County, Florida BKl bile: ##18016 Subject: Wetland and Endangered Species Assessment Dear Mr. Mechling: BKI, Inc. Consulting Ecologists (BKI) has completed an environmental assessment of the above referenced property. A site visit was conducted on August 16 and 22, 2018 to investigate the habitats onsite. The following is a summary of the conditions onsite and discussion of the soils, vegetative community types, potential endangered species occurring, and description of any conditions found during the site inspection which may affect development of the subject parcel. INTRODUCTION The subject parcel is located in the City of Sebastian, south of SR 512, west of Old Dixie Highway. The site is located in Sections 7, 8, 17, Township 31 South, and Range 39 East, in Indian River County, Florida (Figure 1). According the Indian River County Property Appraiser, the subject parcel acreage is listed as 182.87 acres. County property appraiser acreages can be slightly different from the GIS acreages that are calculated (GIS 181.97 ac). The site has been highly modified from its native condition. The historic aerials indicate the site was a large citrus grove until the mid 1990's. Between 1994 and 1999 the site was used as a sand mine. These land uses resulted in a radical change of the native topography. Mitigation/Conservation Bank Permitting * Land Management Plans * Environmental Assessments & Permitting GISIGPS Mapping * Wildlife Evaluations * Feasibility Studies * Wetland Assessments & Enhancements 267 of 409 TOPOGRAPHY AND SOILS The USGS Topographic Map (5' contours) indicates the entire parcel is between 20' and 35' in elevation (NGVD). There is a 25' contour running north to south throughout the parcels and a 38' spot elevation located in the central portion of the site. The Sebastian topographic; quadrangle is depicted in Figure 2. The quadrangle indicates that half of the site is located within an undeveloped area that is depicted as having varied topography. The other half of the site is depicted as being some type of grove. The map also indicates that there were some; wetland areas on the western side of the site. This version of the map was produced in the late; 1980's and is useful in determining if there is a potential for unique habitats onsite. The site appears to have wetlands located on the onsite. The forested wetland is located in the southwest comer of the site. To further evaluate the elevations of the site, Indian River County LiDAR data was overlayed on the aerial, Figure 3. The data indicates that the entire site is between 16' and 34' elevation (NAVD). This NAVD data is typically around 1.4 feet lower than the NGVD referenced USGS data. The LiDAR data was acquired after the site had undergone a mining operation, resulting in a modification of the native topography. This suggests the entire modified area of the site is relatively flat (20' to 24'). There are seven (7) soil types found onsite (Figure 4). The following is a general descriptions of the soils, as described within the soil survey. Again, the soil survey mapping reflects the native soil types of the site and not the mined, modified soils. 4—Immokalee fine sand Hydric Setting This is a nearly level (0 to 2% slopes), poorly drained soil of flats on marine terraces. There are fine sandy layers at a depth of 0 to 80 inches. Normally the water table is at a depth of 0 to 12 inches, with no chance of flooding or ponding. The native vegetation of these soils would be typical of hydric pine flatwoods. This soil does meet hydric criteria. Non-Hydric Setting This is a nearly level (0 to 2% slopes), poorly drained soil of flatswoods on marine terraces. There are fine sandy layers at a depth of 0 to 80 inches, Normally the water table is at a depth of 6 to 18 inches, with no chance of flooding or ponding. The native vegetation of these soils would be typical of mesic pine flatwoods. This soil does not meet hydric criteria. 11—St. Lucie sand, 0 to 8 percent slopes This is a steep (0 to 8% slopes), excessively drained soil of dunes and knolls on marine terraces. There are sandy layers at a depth of 0 to 80 inches. Normally the water table is at a depth of 80 inches, with no chance of flooding or ponding. The native vegetation of these soils would be typical of sand pine scrub. This soil does not meet hydric criteria. 12—Archbold sand, 0 to 5 percent slopes This is a steep (0 to 5% slopes), excessively drained soil of dunes and knolls on marine terraces. There are sandy layers at a depth of 80 inches. Normally the water table is at a 2 268 of 409 depth of 42 to 72 inches, with no chance of flooding or ponding. The native vegetation of these soils would be typical of sand pine scrub. This soil does not meet hydric criteria. 21—Pomello sand, 0 to 5 percent slopes This is a steep (0 to 5% slopes), moderately well drained soil of knolls on marine terraces. There are sandy layers at a depth of 80 inches. Normally the water table is at a depth of 24 to 42 inches, with no chance of flooding or ponding. The native vegetation of these soils would be typical of sand pine scrub. This soil does not meet hydric criteria. 33--Astatula sand, 0 to 5 percent slopes This is a steep (0 to 5% slopes), excessively drained soil of ridges on marine terraces. There are sandy Iayers at a depth of 80 inches. Normally the water table is at a depth of 80 inches, with no chance of flooding or ponding. The native vegetation of these soils would be typical of sand pine scrub. This soil does not meet hydric criteria. 45--Myakka fine sand, frequently ponded, 0 to 1 percent slopes This is a nearly flat (0 to 1% slopes), very poorly drained soil of depressions on marine terraces. There are fine sandy layers at a depth of 80 inches. Normally the water table is at a depth of 0 inches, with no chance of flooding, but frequent ponding. The native vegetation of these soils would be typical of freshwater marshes and ponds. This soil does meet hydric criteria. 49—Pompano fine sand, 0 to 2 percent slopes This is a relatively flat (0 to 2% slopes), poorly drained soil of depressions on marine terraces. There are fine sandy layers at a depth of 80 inches. Normally the water table is at a depth of 0 to 6 inches, with no chance of flooding or ponding. The native vegetation of these soils would be typical of flats of mesic and hydric lowlands. This soil does meet hydric criteria. The presence of hydric soils in the survey can suggest that wetlands can be located on the subject site. The difference of the hydric and non-hydric variants of the Immokalee fine sand is probably a 3-6" change in the average elevation. The soil survey map indicates the potential of hydric soils onsite. In the case of this site, there are mapped hydric soils present. The mapped soils do not represent the soils that are generally present onsite. The parcels were used for a sand mine and much of the soils have been modified from their native conditions. Analysis of soils during the site visit indicate there are hydric soils onsite with indicators such as stripped matrix, muck, and oxidation. Generally, the groundwater was 120 inches or more below the ground surface. VEGETATION and COMMUNITY TYPES Natural vegetation grows in particular associations that can be classified into ecological units known as "communities", and various land uses can be categorized into descriptive classifications. The communities and land uses incorporated into the surveyed area were designated by BK1 using the Florida Land Use, Cover and Forms Classification System 3 269 of 409 (FLUCFCS) (FDOT 1999) as a guideline. It should be noted that variations between the published FLUCFCS descriptions and the actually occurring onsite land use/communities may exist; consequently, the classifications which came closest to the observed onsite land uses/communities were chosen, but may not match precisely. The acreages calculated are determined by Geographic Information Systems (GIS) analysis and are approximate. The Land Use map is based on the dominant vegetation or characteristics observed in the field. The location of these land use/communities are depicted on Figure 5. Pictures from the site are included in Appendix A. The limits of the wetland area were estimated during the site visit and may be larger or smaller. The historic maps give an indication that the site was historically the coastal dune and most likely supported higher elevation sand pine scrub. Table 1: Land Use Types Located Onsite. Code Description Acres 1500 Industrial 0.6 2240 Abandoned Grove 132.4 3200 Shrub and Brushland 13.5 4220 Brazilian Pepper 19.6 5340 Reservoir <10 acres 13.0 6190 Exotic Wetland Hardwoods 2.0 7410 Rural Land in Transition 0.9 182.0 Industrial Buildings (1500) — 0.6 acres The area of the site is comprised of two buildings. The buildings appear to have been part of the grove and palm farm, housing equipment and materials. The area is vegetated with a canopy of laurel (Quercus laurifolia) and live oaks (Quercus virginiana) and cabbage palm (Sabal palmetto). The understory is composed of upland grasses. Abandoned Grove (2240) —132.4 acres This area of the site appears to be have been highly modified from its natural condition. This area was utilized as a sand mine, which removed material from the ground and resulted in a generally flat area. After the sand mine, the area was utilized as a palm tree farm. The area is vegetated with some of slash pine (Pinus elliottii), some laurel oaks (Quercus laurifolia), and cabbage palm (Sabal palmetto). The understory is composed of saw palmetto (Serenoa repens), broomsedge (Andropogon spp.), bahia grass, gallberry (Ilex glabra), and grapevine (Vitus rotundifolia). The areas that were utilized as a palm tree farm now have several ornamental palm species including washingtonia palms (Washingtonia robusta). Many of these palms are greater than 20' in height. There is also xeric recruiting vegetation such as prickly pear cactus (Opuntia spp.), that probably comes from the remaining native elevation areas or the seed source within the soils. Shrub and Brushland (3200) —13.5 acres This portion of the site has native, upland vegetation. The area is vegetated with scrub oak (Quercus spp.), wax myrtle (Myrica cerifera), prickly pear cactus, and sand pine (Pinus clausa). These areas include portions that have been cleared, but that the natural 4 270 of 409 elevation has not been modified. There are large live oaks in some of these areas. Most of the area is S' or more above the modified elevation, sand mine areas of the site. Brazilian Pepper (4220) —19.6 acres This area of the parcel is dominated by a monoculture of Brazilian pepper (Schinus terebinthifolius). The pepper is very dense. There is also some other forested vegetation including slash pine, laurel oak, and some exotic, terrestrial grasses. Reservoir <10 Acres (5340) —13.0 acres These excavated reservoirs were created after the sand mine was completed. It is BKI's opinion that the areas will be considered surface waters. Exotic Wetland Hardwoods (6190) — 2.0 acres This portion of the site has exotic wetland vegetation. The area is vegetated mostly with Melaluca (Melaleuca quinquenervia), with some Carolina willow (Salix carolinana). It is BKI's opinion that the area is wetland. The areas would be considered low quality. Rural Land in Transition (7410) — 0.9 acres This portion of the site has exotic, terrestrial grasses. This area has been cleared. The cleared area is now vegetated by herbaceous plants. THREATENED and ENDANGERED SPECIES A preliminary review of literature pertaining to threatened and endangered species as listed by Freshwater Fish and Wildlife Conservation Commission (FWC) and United States Fish and Wildlife Service (USFWS) was completed in addition to the site visit. During the site visit, the habitats onsite were evaluated for the likelihood that they would support listed species. Table 2: Potential Listed Species Common Name Eastern Indigo Snake Gopher Tortoise Florida Scrub -Jays Scientific Name Drymarchon couperi Gopherus polyphemus Aphelocoma coerulescens State Federal Protection Protection Threatened Threatened Threatened - Threatened Because of the location and current site conditions, it is anticipated that listed species could utilize the parcel. Indigo snakes have large territories and can utilize habitats like scrub, pine flatwoods, and wetlands. There are some shrub and brush areas that are at native elevations, but impacted vegetation. No scrub jays or quality scrub jay habitat was observed onsite. Gopher tortoise burrows were observed onsite. Over 160 burrows were documented onsite. There will be many more burrows documented when a 100% survey is completed for the Pod 2 and 3 areas. It is anticipated permitting will be required regarding impacts to listed species. Current Florida regulations require that gopher tortoises be relocated out of development areas. This requires burrows to be excavated in order to capture the tortoises onsite. Burrows are considered to be affected by development if they are within 25' of any construction activities. FWC has the regulatory jurisdiction over protection of the tortoises. 271 of 409 SUMMARY It is BKI's opinion wetlands are located onsite. The regulatory agencies that will have jurisdiction will most likely be the City of Sebastian, St. Johns River Water Management District (SJRWMD), and potentially U.S. Army Corps of Engineers (USACOE). Permits and approvals for development will have to be obtained from these agencies. The uplands onsite make up approximately 180 acres. The majority of the site has been highly modified from its natural condition. The sand mine operation removed large amounts of material and also graded the majority of the site to a relatively flat elevation. The operation also created the four surface waters located onsite. If the wetlands onsite are avoided and have a 25' upland buffer then there will be no impact to the wetlands. The wetland areas are located in the proposed Pod 5 that will be developed at a later date. The Surface Waters located in Pods 1 and 2 are proposed to be modified in shape. It is anticipated that these modifications would be viewed as temporary impacts, not requiring mitigation. The development of the parcel would cause direct impacts to Listed Species. USFWS standard precautions would have to be taken in order to not impact indigo snakes. Gopher tortoises will have to be relocated out of the development area. There will be FWC fees, recipient site fees, and the costs of the burrow excavations. These estimated costs could be upwards of $75,000 for the Pod 1 and 2 areas. If you have any questions or you would like to discuss our report in more detail, please contact our office at (321) 95 I -79b4. Sincerely, N Chris Hamden Project Manager / Ecologist Attachments: Figure I — Aerial /Location Map Figure 2 — USGS Topographic Map Figure 3 — LiDAR Topographic Map Figure 4 —NRCS Soil Survey Map Figure 5 — Current Land Use Map Conceptual Plan Appendix A - Site Photographs 272 of 409 PRASE I ENVIRONMENTAL ASSESSMENT FOR SPIRIT OF SEBASTIAN PROPERTY OLD DIXIE HIGHWAY SEBASTIAN, FL.32958 SEPTEMBER 2018 SUBMITTED BY: HYDROCARBON ENVIRONMENTAL, INC. 20 RIO DE PALMAS FT. PIERCE, FL. 34951 273 of 409 TABLE OF CONTENTS LET rr ER OF TRANSMITTAL ---------------- 1 .0 INTRODUCTION ----- ------------------------------------------ _----- -- 1.1 PURPOSE---------- -------- _____—---------- -------------- ..------- 1 1.2 SCOPE OF SERVICES------------------------------------------------ 1 1.3 INFORMATION SOURCES --------------------- ------------- ---_--- 3 1.4 AUTHORIZATION-------- —----------------- — ------------ ---- 3 2.0 PHYSICAL SITE DESCRIPTION ----------- --------------- -------- 4 2.1 GENERAL SITE CONDITIONS------------------------------------- 5 2.2 STORAGE TANKS_ ----------------------------------------------- 6 2.3 POLYCHLORINATED BIPENYL S------------------------.--------- 7 2.4 ACM's AND LEAD PAINT TESTING ------------------------------ g 2.5 UTILITIES---_— ---_ ---__--------------- —---- ----- S 3.0 ADJACENT LAND USE------------------------------------9 4.0 SITE HISTORY AND RECORDS REVIEW------------------ 9 4. t OWNERSHIP AND USAGE-------------------------- ------ 9 4.2 AERIAL PHOTOGR.APHY---- ---------------- ------------ ---------- 9 4.3 REGULATORY REVIEW ----- —----- _------------ ----------------- 10 5.0 CONCLUSION __------ ------ ---.------------------- ------------------------- 11 6.0 QUALIFICATIONS------------------------------------------------- 12 APPENDICES APPENDIX A MAPS, SITE PLANS, AERIAL PHOTOGRAPHS APPENDIX B SITE ASSESSMENT REPORTS APPENDIX C PHOTOGRAPHS APPENDIX D INSPECTION REPORT 274 of 409 HYDROCARBON ENVIRONMENTAL, INC. ENVIRONMENTAL CONSULTANTS 20 RIO DE PALMAS FT. PIERCE, FL. 34951 PHONE 772-448-8131 lnsite Solutions Vero Beach, FL. 32963 Attn: Mr. Robert Votaw, Manager RE: Phase I Environmental Assessment Spirit. of Sebastian Property Old Dixie Highway Sebastian, FL.32958 Dear Sirs: September 24, 2018 Hydrocarbon Environmental consultants have completed the environmental inspection for the above referenced property following ASTM Guidelines E-1527-I3. To the best of our knowledge and belief, the facts and data used in this inspection are true and accurate, based on the available information as of the inspection date. The undersigned understands that Insite Solutions is relying upon the contents of the report in making a loan secured by or affecting the subject property. You may rely upon the accuracy of the report consistent with the terms, conditions, limitations and exceptions set for within it. Hydrocarbon Environmental appreciates the opportunity to have been of service and looks forward to working with you in the future. Should you have any questions or comments regarding this Environmental Site Assessment, please feel free to contact this office at (772) 448-8131 Sincerely, William R. Martin, Pres. Hydrocarbon Environmental, Inc. 275 of 409 HYDROCARBON ENVIRONMENTAL, INC.. 20 Rio de Palmas Ft. Pierce, FL 34951 = a 1.0 INTRODUCTION 1.1 PURPOSE The purpose of this environmental site assessment was to investigate )lie potential. environmental liabilities associated with the subject site, and/or environmental liabilities to the subject property site caused by adjacent site activities. 1.2 SCOPE OF SERVICES The following represents the scope of services authorized by the client and performed) as part of this investigation. 1.2.1. SITE RECONNAISSANCE Hydrocarbon Environmental conducted a visual site inspection for the presence of any underground storage tanks (UST), aboveground tanks (AST), electrical equipment, vegetative; distress, point and non -point sources of waste discharge, waste disposal, hazardous matetials,, and any evidence of other possible environmental concern. Features of concern were documented by environmental assessment report and photographs. 1.2.2 SITE HYDROLOGY REVIEW Hydrocarbon Environmental conducted a review of existing features and available; hydro -geologic information as they relate to the potential environmental concerns at the: subject site. 1.2-3 AERIAL PHOTO REVIEW Hydrocarbon Environmental conducted interviews with individuals with knowledge of the area to assess the environmental impact of past or present site usage or contents. 1.2.4 ENVIRONMENTAL PROTECTION AGENCY SEARCH Hydrocarbon Environmental conducted a review of the Environmental Protection Agency's (EPA) listing for the appearance of the subject site. Hydrocarbon Environmental conducted a review of the FDEP records to delermine if the site ever experienced any environmental violations. 276 of 409 HYDROCARBON ENVIRONMENTAL, INC. 20 Rie de Palmas Ft. Pierce, FL 34951 INDIAN RIVER COUNTY RECORD SEARCH Hydrocarbon Environmental conducted a review of the Indian River County records which may reveal information on past incidence that may have occurred on the subject site. 1.3 INFORMATION SOURCE Search of land use, geologic information, hydrologic information, and environmental conditions of the subject site was accomplished through the following sources: A) Indian River County Engineering Department review of all available and applicable aerial photographs from 2000 to present. 13) Indian River County Department of Environmental Resources records review. C) The Comprehensive Environmental Response, Compensation and Liability Act. (CER.CLA), National Priorities List( NPL). D) Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS). 1.4 AUTHORIZATION This Phase I Environmental Site Assessment was authorized by Mr. Robert Votaw of Spirit of Sebastian, LLC. The extent of services supplied by Hydrocarbon Environmental was specified by the client and has been outlined above as the scope of services. It 2 277 of 409 HYDROCARBON ENVIRONMENTAL, INC. 20 Rio de Palmas Ft. Pierce, F1, 349511 4 2.0 PHYSICAL SITE DESCRIPTION The subject parcels are basically rectangular in shape with good access from US Hwy #1 and Old Dixie Hwy. POD i contains approximately 56 acres. POD 2 contains approximately 22 acres all located in Section 07, Township 31 and Range 39 of Indian River County, Florida. The site visit was conducted by William R. Martin on September 21, 2018. At the time of the site visit, the weather was clear and warm.. The site visit consisted of a slow inspection of the subject property and an inspection of surrounding properties. (See inspection. forms Appendix D). The grounds of the subject property show no indication of vegetative, distress which could be attributed to spillage or leakage of environmentally hazardous materials. 2.1 GENERAL SITE CONDITIONS The parcels are vacant land and recently mowed, rsased on a review of the U.S. Department of Agriculture soil survey of Indian River County, the subject site consists of mainly classified urban land. More than seventy percent (70%) of this miscellaneous area is covered by urban facilities, such as shopping centers, parking lots, industrial buildings, houses, streets, sidewalks, airports, and related facilities. The natural soil cannot be observed. Soils in the unoccupied areas in this map unit, such as lawns, vacant lots, playgrounds, and parks, mostly consist of astatula, Boca, eaugallie, paola, and St. Lucie soils. These soils generally have been altered by grading and shaping or have been covered to a depth of about 12 inches of fill material. This fill material consists of sandy and loamy materials that in places contain limestone and shelf fragments. These areas of soils are so small that it was not practical to map there separate. Generally, groundwater flows from Lake Okeechobee to the Atlantic Ocean in this region of South Florida. 278 of 409 HYDROCARBON ENVIRONMENTAL, INC. 20 Rio de Palmas Ft. Pierce, FL 3495:I 2.2 STORAGE TANKS Based on environmental records revie , intervie od visual inspection, there was no evidence of underground or aboveground storage tanks on the subject property. 2.3 POLYCHLORINATED BIPHENYL (PCBs) VACANT LAND The insulating oil used in some electrical transformers and fluorescent light ballast may contain PCBs. Even though the use of PCBs in dielectric fluids was discontinued in the United States in 1977, the potential exists for these transformers and ballasts to contain PCBs. Fluorescent light ballasts may contain small quantities of PCBs; therefore, they are a potential concern in large numbers or if they begin leaking. However, since no evidence or damage or leaking was observed, they do not pose an immediate concern. Inspection of the outside power transformers appeared in good condition with no signs of leakage or soil staining. 2.4 ASBESTOS -CONTAINED MATERIALS (ACM's) NA An asbestos survey was not part of this assessment. The only way to positively qualify and quantify asbestos containing materials (ACM's) in building material is to perform a comprehensive ACM survey. A comprehensive survey must be performed prior to any future building renovation or demolition. 2.5 UTILITIES Telephone service by AT&T and power by FPL. 2.6 SOLID OR HAZARDOUS WASTE The grounds of the subject property show no indication of vegetative distress which could be attributed to the spillage or leakage of hazardous materials. 4 279 of 409 HYDROCARBON ENVIRONMENTAL, INC. 20 Rio de Palma, Ft. Pierce, PIS 34951 3.0 ADJACENT LAND USE North Vacant Land South Residential East Residential West Vacant Land 4.0 SITE HISTORY AND RECORDS REVIEW 4.1 OWNERSHIP AND USAGE Hydrocarbon consultants conducted interviews with managers familiar with the operations of the subject site. `Ibis was performed to gather information regarding the current and prior usage ofthe subject site and adjacent sites as they affect the subject site. There were no , indications from interviews of any prior usage of these properties that would pose environmental liability to the subject site. 4.2 AERIAL PHOTOGRAPHY On September 21, 2018, Hydrocarbon consultants reviewed all available applicable Indian River County aerial photographs of the subject property.. Review of photographs did not indicate that the site was adversely impacted by past land use or fill activities. 4.3 REGULATORY REVIEW Review included: Comprehensive Environmental Response (CERLIS) National Priorities List (NPL) State registered underground storage List (UST) State leaking underground storage incident reports (LAST) State hazardous waste sites (SHWS) In addition, interviews were conducted with officials from these agencies to obtain specific information about areas located on or near the subject site with reported problems. These reviews indicated there are no environmental problems involving the subject site. 5 280 of 409 HYDROCARBON ENVIRONMENTAL, INC. 20 Rio ale Palmas Ft. Pierce, F 1, 3495:1 v .0 CONCLUSIONS AND RECOMMENDATIONS I lydrocarbon Environmental, Inc. conducted a review of the available information, i.e. visual site inspection; USGS map, soil -type map review, environmental records review, and aerial photo, and found no signs which may pose environmental liabilities to the subject sites at the present time. No records of any environmental enforcement action or citations regarding the subject site were found during they review of the available county, state and federal records. 7 Low Risk No REC'S at this time William, R. Mailin, President. Hydrocarbon Enviyo imental, Inc. 6 281 of 409 HYDROCARBON ENVIRONMENTAL,, INC. 20 Rio de Palmas Ft. Pierce, FL 34951 6.0 QUALIFICATIONS Our professional services have been.. performed and our findings obtained in accordance with customary principles and practices in the fields of environmental science and engineering. This company is not responsible for the independent conclusions, opinions, or recommendations made by others based on fuwm field exploration and/or laboratory testing. Additionally, the passage of'time may result in a change in the environmental characteristics at the site: and surrounding properties. i 282 of 409 Dorri Bosworth From: Kim Haigler Sent: Thursday, August 01, 2019 4:32 PM To: Dorri Bosworth Subject: FW: SO5 Environmental Report Notes Dorri, The following are my notes after reviewing the phase I & Il environmental reports for the Spirit of Sebastian Subdivision. Please let me know if you have any further questions. Phase I: Hvdrocarbon Environmental • Needs to include the parcel with Old Dixie Access • Needs to address the past uses of this site besides the sand mine and the palm tree farm, with a timeframe for each • A record of the "interviews conducted" needs to be included in the report • The Phase II report shows evidence of a pump shed and irrigation lines, yet it is stated in the inspection report that there are none ® It is mentioned that there was previously a palm tree farm, yet the inspection report indicates that there have been no agricultural uses of the property in 10 years • I am fairly certain that this property was used for cattle prior to being mined for sand, documentation of any chemical use, chemical storage, and potential cattle dip areas related to cattle and agricultural uses must be included. Phase il: BKl Environmental • A section of this property, along the western border, was designated in 2000, by the FWC as a scrub jay "core conservation area." Therefore, it is recommended that an official scrub jay survey be conducted, per the FWC guidelines, using local dialect. Kimberly H-glcr Environmental Technician kh.i - Esdmrian-oW (772) 388- 8206 IFor answers to your questions about Sebastian's Natural Resources, visit hto9;-/iwwwse6asdamm.com/ cm'CF HOME OF PELICAN ISLAND The City of Sebastian Community Development Depamnent 1225 Main St. Sebastian, FL 32858 1 283 of 409 HYDROCARBON ENVIRONMENTAL, INC. ENVIRONMENTAL CONSULTANTS 20 RIO DE PALMAS FT. PIERCE, FL. 34951 PHONE 772-448-8131 Spirit of Sebastian, LLC Vero Beach, FL RESPONSE TO COMMENTS FROM KIIMBERLY HAIGLER 8-01-2019 1. Environmental Walk-thru 10-03-2019 Old Dixie parcel NO Environmental Problems at subject parcel (ENCLOSED) 2. Timeline enclosed from Mr. Brown 3. Telephone conversation conducted 10-03-2019 with Mr. Brown October 4, 2019 4. Revised from Phase 1 report. In telephone conservation with FDEP Irrigation well and private resident well do not pose environmental liabilities 5. Timeline enclosed from Mr. Brown past ten years 6. Conversation with Mr. Brown no cattle dip vats where never on property EDR records do not show cattle dip vats (ENCLOSED) Thanks, William R. Martin, President Hydrocarbon Environmental, Inc. RECEIVED OCT 10 2019 City of Sebastian Community Development Dept 284 of 409 PLANNING AND ZONING COMMISSIONILOCAL PLANNING AGENCY PAGE 2 MINUTES OF NOVEMBER 19, 2020 those references are referring to that sheet and those recommendations from the Natural Resources Board. Ms. Bosworth stated she will get the sheet where those items were listed and attach it as a reference as an amendment to those Minutes. Hearing no other comments from the Commissioners, Mr. Roth called for a Motion to accept the Minutes. A motion to accept the Minutes of the October 15, 2020 meeting was made by Mr. Carter, seconded by Mr. Simmons, and passed unanimously via voice vote. VI. Quasi -Judicial and Public Hearings A. Public Hearing -- Recommendation to City Council -- PUD Subdivision Preliminary Development Plan/Plat -- Spirit of Sebastian, Pods 1 & '2 -- 77.99 Acres, 208 Single Family Lots -- 2.67 Units per Acre -- Old Dixie Highway, Del Monte Road -- LDR Future Land Use (Low Density Residential), 5 units per Acre) -- PUD-R Zoning District (Planned Unit Development -- Residential) Mr. Anon, City Attorney, read the item into the record. Mr. Roth asked for the staffs report and recommendations on this project. Ms. Bosworth reviewed the history of this plan. She reviewed and described what this Commission is to do at this meeting, which is to make a recommendation to City Council on whether it is determined that this preliminary plan is in compliance with the Conceptual Plan that was previously approved. Part of this Commission's decision is to consider whether the traffic safety, the public health and welfare of this subdivision meets the City's Comprehensive Plan and Land Development Code (LDC) intents. This is the fourth revision of the plan. Staff reviewed that according to the LDC regulations and the Conceptual Plan, staff feels that the plan meets all of the requirements of the LDC, Subdivision and PUD sections. If City Council approves the preliminary Plan, the next step for this part of the project, which is Pods 1 and 2, will be to develop the roads, utilities, and infrastructure. The Project Engineer will put together detailed plans and the construction drawing plans, which will be reviewed and approved by the City Engineer and his staff. The applicant will get all of his jurisdictional permits in line and then apply for a land -clearing permit. At that time, staff will ensure that all the permits and approvals are in hand. The next step will be working with a surveyor and putting together the final plan, which is the recorded document at the Court House that also establishes all the dedications for easements, etc. That plan will go before City Council for acceptance of the dedications and signatures. The final plan will not come back to this Commission. She then reviewed the Staff Report (SEE ATTACHED) and entered the Staff Report and other documents that were attached to that into the record. Included were the Request letters for the adjustments that the developer requested, an updated Public Facility 321 of 409 PLANNING AND ZONING COMM ISSION/LOCAL PLANNING AGENCY PAGE ::3 MINUTES OF NOVEMBER 19, 2020 Statement, the Traffic Analysis Summary, the Environmental Report, and the SCADL. She again reminded the Commissioners that all this information is just for Pods 1 and 2. She stated that Pod 2 is the first one on the construction schedule and explained the: reasoning for that. Also reviewed were the revenues that will be generated by these pods. Ms. Bosworth reviewed in depth the Staff Comments attached to the Report as well as the Conditions for Approval, which she recommended should be attached to the! recommendation for approval. Staff is recommending approval of this development plan. Staff feels that it does meet the Conceptual Plan, it meets the Comprehensive Plan and the requirements in the City's Land Development Code. Staff is also requesting approval of the two adjustments that are requested. Mr. Roth then called for the developer to make his presentation. Chuck Mechling reviewed his history of development projects within the City of Sebastian. He made a PowerPoint presentation which contained drawings and photos of the amenities and layout of the proposed development. (SEE ATTACHED). He pointed out that his firm is a local business. He introduced the members of his team who were in the audience. He emphasized that this will be the first community in Sebastian where there will be natural gas, and there will be no septic tanks. He stated that his firm is committed to working with residents along Del Monte Street about their concerns. At this point, Mr. Roth opened the meeting for public comment and asked anyone who wished to speak in favor of the project to present their comments. Michelle Morris, Sebastian, thinks the design of this development is excellent, and it will be a positive addition to Sebastian. Linda Kinchen, Sebastian, spoke to Mr. Mechling's character as being very positive. She requested that the Commission recommend approval to City Council of this development. Bill Flynn, Sebastian, suggested that the City use this as the gold standard for future development in Sebastian. He opined that this is an ideal area for growth in Sebastian. He also attested to Mr. Mechling's character. He recommended approval. Connie DiGregorio, Sebastian, asked what will happen behind South Moon Under. Ms. Bosworth stated there is a 15- to 20-foot landscape tract before there is any private property. The lots that will be along South Moon Under will be the larger lots in that pod. Andrea Coy, Sebastian (via Zoom), reiterated some of what the first three speakers covered. She can find no negatives to this development. She recommends approval. Seeing and hearing no one else who wished to speak in favor of the project, Mr. Roth called on anyone who wished to speak against the project. 322 of 409 PLANNING AND ZONING COMMISSION&OCAL PLANNING AGENCY PAGE 4 MINUTES OF NOVEMBER 19, 2020 Maria Bowdren, Sebastian, is representing her mother, Elena Bowdren, 154 Del Monte Road, who is in favor of the project. However, her Mother is against the extensive landscaping along Del Monte. She has a hard time right now backing out of her driveway onto Del Monte and opined that the proposed landscaping will be a hindrance to visibility. Her mother does not want to depend on a homeowners' association to maintain that landscaping. Her mother is in favor of the other improvements to be made along Del Monte. She is also concerned about the increase in traffic because of the County not allowing Old Dixie Highway to be used as access to and from the community. She also wants some assurance that Del Monte is not going to be a construction access. She also inquired about what happens to wildlife that inhabit the area that is being developed. Sue Peterson, Sebastian, is not in opposition to the project itself. She is in opposition to the landscaping plan. She also asked if there would be gates that would keep pedestrian traffic out of the community. Mr. Mechling stated that there will be access for pedestrians. Janice Martin, Sebastian, is concerned about Old Dixie Highway and its access to the! community as well as construction traffic on Old Dixie Highway. She is also concerned about how much it is going to cost to relocate the tortoises. She asked how far south of Old Dixie Highway is the development going to end. Mr. Mechling stated the gopher tortoises are the developer's responsibility and will be handled in the appropriate fashion. Tom Hofack, Sebastian, asked where the main utilities are going to come from to supply this community. Mr. Mechling stated that the water and sewer lines on Old Dixie are in place and available. Maureen Murphy, Sebastian, is concerned about the increase in traffic on Del Monte Road when this community is developed. Seeing no one else in Chambers and hearing no one on Zoom, Mr. Roth closed public input. He then opened the meeting for Commissioners' comments/questions for the developer. Ms. Kautenburg: (1) Is pleased that the developer is local and attested to his reputation and track record in Sebastian. (2) She addressed the subject of affordable housing for the people who work in the City and asked that this be kept in mind for the future. She asked for an estimated completion date for these two pods. Mr. Mechling approximated that it will be a four- to five-year project. He stated he may be back here in the future with a different tract of land regarding affordable housing. He stated how diligent the staff has been when working with his firm on this project. Mr. Roth: (1) Inquired regarding the decorative lighting; he asked who pays for the decorative lighting. Ms. Bosworth stated that the decorative light poles along Spirit 323 of 409 PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5 MINUTES OF NOVEMBER 19, 2020 Boulevard would be the responsibility of the HOA. Mr. Mechling also described the type of lighting it will be, which has been very successful in other developments. (2) Addressed the subject of sidewalks and whether this will be a gated community. Mr. Mechling said it will be a gated community with access for pedestrian traffic for the most part. He also assured the residents on Del Monte that he will work with them and with the City staff to relieve their concerns. Ms. Bosworth stated that staff is disappointed that Old Dixie is not going to be a full access for pods 1 and 2. She pointed out that the residents can contact county commissioners to let them know how concerned they are because of the closing of this, and there will be additional traffic on Del Monte until such time as the Bailey Drive access will be open. Regarding the traffic that is on Wimbrow, she does not know if a four-way stop can be created. However, that is a possibility. Mr. Mechling described the work that his firm has already done to explore the improvements to Old Dixie. (3) Mr. Roth asked why the County did not want to proceed with doing they upgrade to Old Dixie Highway, Mr. Mechling stated that there were collective meetings, on this issue. He estimated that with time this will all come together. (4) Regarding the; RV storage area, he inquired if that is going to be adjacent to what is now called the emergency exit as plans go forward and Old Dixie is improved. He asked if that plan would change and allow that exit/entrance on Old Dixie to be opened up to be a general resident entrance/exit. Mr. Mechling stated it would. He also mentioned that the boat and RV storage has a separate ingress/egress agreement with the County that the boat and RV storage traffic will go directly out onto Old Dixie. Ms. Bosworth explained that the recreation tract and this community tract will have separate site plans that will come before the Commission. (5) On the bridge in the community, he asked if the waterways are going to be connected by a culvert or something underneath the bridge. Mr. Mechling stated yes, there will be culvert pipe that will go in that will allow the flow of water. (6) Regarding the subject of autos going astray, will there be some type of barrier along there to prevent autos going astray and ending up in the lake. Mr. Mechling stated there will be railing along that whole area. (7) Regarding wetlands, he asked if care would be taken so that there is no future settling in those areas. Mr. Mechling said that the soil is built on the old sand ridge of the ocean. It drains quickly after a storm. The only wetlands that are in the project are in the southwest tip, and Spirit Boulevard was designed to skirt alongside of those wetlands so that they are totally protected. Mr. Christino: (1) Said it looks like there will be one pump station. Mr. Mechling said there will be one lift station for the first section of 208 lots. (2) Has issues with the traffic also and had some questions for Kimley-Horn in this regard. (3) Is pleased with the proposed boat storage. (4) Mentioned that there will soon be many more trains coming through this area and asked if that was taken into account in predicting the delays at CR- 512 and at Schumann. Brian Goode from Kimley-Horn stated yes, it was, and explained the traffic flow north and south on Old Dixie. Ms. Bosworth explained that this subject is addressed in staffs Condition No. 1 that is attached to their report, which will require a third entrance onto Bailey Drive to be constructed by Pod 3. (5) Regarding the buffer 324 of 409 PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 6 MINUTES OF NOVEMBER 19, 2020 that will go in will rival anything that is in the barrier island in Vero Beach. (6) There appears to be a scrivener's error on where it talks about connecting to a 6-inch force main and connecting to an existing 12-inch water main. He is asking if those numbers are reversed. Mr. Mechling agrees and said he will look into that. Mr. Alvarez: (1) Is pleased that the County has addressed, at least temporarily, an emergency entrance. Mr. Simmons: (1) Regarding the recommended adjustments by City staff regarding temporary ingress and egress, he is asking for a timeframe as to how that temporary, situation ties in with the construction of Pod 3. Mr. Mechling stated the construction entrance and hopefully more will always be maintained on Old Dixie. So then when Pod 3 is begun, there will be a road built that goes through the community and exits on Baily. So that would be in a future phase. (2) Inquired if the HOA is going to be controlled by the developer until Pod 5 is finished. Mr. Mechling stated the rule is that when a community is 90% built out, the transition is done to the HOA. It was the consensus among the Commissioners that the presentations of both staff and the developer were very well outlined, and the project will be a positive addition to the City. Hearing no further discussion by Commissioners, Mr. Roth called on staff for any further discussion. Ms. Bosworth reiterated what the staffs recommendations are. She read into the record what should be included in the motion: In consideration of the comments and reviews by the staff, technical advisor committee, and other jurisdictional agencies, the Community Development staff recommends approval of the Spirit of Sebastian preliminary development planiplat subject to the following conditions attached in Attachment A, with the following revisions as discussed earlier: • Revision to Condition No. 10 to state "...to require submittal of a sidewalk bond for the exact amount of unfinished lots that do not have building permits applied for before the subsequent phases final plat can be approved." • An amendment to Condition No. 9 to state that "In lieu of a bond needed for the second asphalt layer of streets usually laid after construction of the homes is finished, construction plans must indicate both layers of asphalt will be applied concurrently and according to application standards. • An amendment to Condition 12 that states that "The HOA documents will also illustrate definitively where fences can be placed with regard to landscape easements." She further stated that the attachment that is in the staff packet will actually be inserted into the resolution that will go before City Council. If the Commission recommends these changes with the other 13 conditions, that amendment will be made and inserted into the 325 of 409 PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE i' MINUTES OF NOVEMBER 19, 2020 resolution. Staff also recommends approval of the two requested adjustments stated on Page 11 of the Staff Report for the temporary allowance of one main public ingress/egress and one emergency exit and for the length of the cul-de-sac. on Archie Smith Lane. Mr. Roth called for a motion on this matter. A motion to approve recommendation to City Council of PUD Subdivision Preliminary Development Plan/Plat -- Spirit of Sebastian, Pods 1 and 2 -- 77.99 acres, 208 single-family lots -- 2.67 units per acre -- Old Dixie Highway, Del Monte Road -- LDR Future Land Use (low -density residential, 5 units per acre) -- PUD-R Zoning District (Planned Unit Development -- Residential) with the 13 conditions for approval and attached as Exhibit A, with the amendments as noted to conditions 9, 10, 12 was made by Mr. Alvarez and seconded by Mr. Christino. Roll Call Mr. Hughan -- Yes Ms. Kautenburg (a) -- Yes Mr. Roth -- Yes Mr. Simmons -- Yes Vote was 7-0 in favor. Motion passes. Mr. Christino (a) -- Yes Mr. Alvarez -- Yes Mr. Carter -- Yes Mr. Roth recognized all the public who commented and the attendance of the supporting team of the developer tonight. B. Public Hearing -- Recommendation to City Council -- Ordinance 0- 03, Establishing Starting Points for Building Height Meas meet -- Amending Land Development Code Section 54-2-5 2), Size and Dimension Criteria -- (No Proposed Amendme o Maximum Building Heights) Mr. Anon read the item into the record. Mr. Ro called for staffs presentation. as come about because there have been some Ms. Bosworth explained that th' difficulties with some of the perties that are in the City's flood zones based on what is currently in the Code ow building heights are measured and where that starting point is. She review he memo that was attached to this evening's agenda packet. Staff recomm approval, and staff would like to take this to City Council for their first reading of ordinance at the December 9th meeting with this Commission's recommendation. There being no discussion/comments by the Commissioners, Mr. Roth called on anyone from the public, either in Chambers or via Zoom, who wished to speak on this matter. There was no one. Mr. Roth called for a motion. 326 of 409 C7r a SEBASTIAV HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: December 9, 2020 Aqenda Item Title: Repeal Resolution R-20-08 and adopt Resolution R-20-32 Recommendation: City Council adopt Resolution R-20-32 Backqround: At the November 18, 2020 Council meeting, City Council approved changes to Emergency Resolution R-20-08 requiring businesses that cannot maintain social distance to wear masks and providing for enforcement under Sections 252.47 and 262.50, Florida Statutes. Governor DeSantis issued Executive order 20-244 suspending the fines and penalties for not wearing face coverings; Section 2. Right to Work and Operate a Business. No COVID-19 emergency ordinance may prevent an individual from working or from operating a business. Section 4. Suspension of COVID-19 related Individual Fines and Penalties. This order, consistent with Executive Order 20-92, suspends the collection of fines and penalties associated with COVID-19 enforced upon individuals. City Council voted to remove the requirement for businesses to mandate masks and remove the section regarding penalties. Because the title and whereas clauses contained the same mandates, Resolution R20-08 should be repealed in its entirety and Council should consider adopting Resolution R-20-32. AN EMERGENCY RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION R-20-08 IN ITS ENTIRETY, TO ENCOURAGE VOLUNTARY COMPLIANCE OF WEARING FACE COVERINGS WHEN IN PUBLIC, REQUIRING ALL PERSONS ENTERING A CITY FACILITY THAT CANNOT MAINTAIN SOCIAL DISTANCING TO WEAR FACE COVERINGS; PROVIIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. If Aqenda Item Requires Expenditure of Funds: Budgeted Amount: NIA Total Cost: NIA Funds to Be Utilized for Appropriation: NIA Attachments: 1. Resolution R-20-32 2. Local State of Emergency Administrative Services Departm nt Rev City Attorney Review:, 4�V Procurement Division Review, if applicaer City Manager A thorization: // Date: /'L /d_ �j 327 of 409 EMERGENCY RESOLUTION NO. R-20-32 AN EMERGENCY RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION R-20-08 IN ITS ENTIRETY, TO ENCOURAGE VOLUNTARY COMPLIANCE OF WEARING FACE COVERINGS WHEN IN PUBLIC, REQUIRING ALL PERSONS ENTERING A CITY FACILITY THAT CANNOT MAINTAIN SOCIAL DISTANCING TO WEAR FACE COVERINGS; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 1, 2020, Governor Ron DeSantis, in his capacity as Governor of the State of Florida, issued Executive Order 20-51, directing the declaration of a public heallh emergency and establishing the State of Florida's response to COVID-19; and WHEREAS, on March 1, 2020, the State Surgeon General declared a public health emergency in the State of Florida; and WHEREAS, on March 9, 2020, Governor Ron DeSantis, in his capacity as Governor of the State of Florida, issued Executive Order Number 20-52, declaring that a state of emergency exists in the State of Florida by reason of COVID-19; and WHEREAS, on March 17, 2020, Indian River County declared a State of Emergency effective 8:00 a.m. in response to COVID-19; and WHEREAS, on March 17, 2020, The City of Sebastian declared a Local State of Emergency in response to COVID-19; and WHEREAS, at this time, there is no vaccine for COVID-19 and it is easily transmitted among people; and WHEREAS, the CDC and Florida Department of Health continue to remind residents that by wearing a face covering, the resident protects others from exposure as well as themselves; and WHEREAS, the Florida Medical Association President Dr. Ronald Giffler recently issued a statement saying that "the Florida Medical Association, the state's largest physician organization, encourages local officials to adopt regulations requiring individuals to wear fare coverings in public places" and applauded municipalities in Florida that have already adopted mandatory mask use ordinances; and Page I of 328 of 409 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, as follows: SECTION 1. CRITERIAS 1. All persons entering an indoor City facility including, but not limited to; the City Hall, City Council Chambers, libraries, museums, art center, historic school house, civic center, Police Department, fire rescue stations, etc. where social distancing is not possible, shall wear face coverings. 2. All persons utilizing public transit and transportation in Indian River County shall wear face coverings. 3. All other persons physically present in any public place in the City of Sebastian are strongly encouraged to wear face coverings. 4. A face covering includes any covering which snugly covers the nose and mouth, whether store bought or homemade, and which is secured in place. Persons who wear masks should review the CDC and Florida Department of Health guidelines regarding properly and safely applying, removing, and cleaning masks. 5. Medical and surgical masks, such as N95 masks or other similar medical surgical masks, should be reserved for health care personnel, police, fire fighters, emergency management and other first responders engaged in life/safety activities. 6. EXCEPTIONS: A face covering shall not be required for the following persons: A. Persons under the age of two years; B. Persons observing social distancing in accordance with CDC guidelines; C. Persons for whom a face covering would cause impairment due to an existing health condition or disability; D. Persons working in a business or profession who do not have interactions with other persons; E. Persons working in a business or profession who maintain social distancing from another person; F. Persons working in a business or profession where use of a face covering would prevent them from performing the duties of the business or profession; G. Persons exercising, while maintaining social distancing; H. Persons eating or drinking; Page 2 of 4 329 of 409 I. Public safety, fire and other life safety and health care personnel, as their personal protective equipment requirements will be governed by their respective agencies; or J. The requirement shall not apply when a person who is hearing -impaired needs to see the mouth of someone wearing a face covering in order to communicate. THIS EMERGENCY RESOLUTION is intended as a measure to seek voluntary compliance with the provisions contained herein and to educate and warn of the dangers of noncompliance. THIS EMERGENCY RESOLUTION shall be in effect in the City of Sebastian, immediately upon its adoption will expire upon the expiration of the existing State of Local Emergency, as same may be extended by subsequent order or declaration, unless terminated by subsequent order of the City Council. SECTION 2. RATIFICATION OF RECITALS. The foregoing recitals are hereby ratified and confirmed as true and correct and are hereby made a part of this Resolution. SECTION 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. The provisions of this Resolution are intended to be severable. If any part of this Resolution is determined to be void or is declared illegzd, invalid, or unconstitutional by a Court of competent jurisdiction, the remainder of this Resolution shall remain in full force and effect. SECTION 5. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of the City Council by filing a corrected copy of same with the City Cleric. SECTION 6. REPEAL. This Resolution repeals Resolution R-20-08 in its entirety. SECTION 7. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council Member . The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice Mayor Jim Hill Council Member Fred Jones Council Member Christopher Nunn Council Member Bob McPartlan The Mayor there upon declared this Resolution duly passed and adopted this day of December, 2020. Page 3 of'4 330 of 409 ATTEST: Jeanette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA LIM Mayor Ed Dodd Approved as to form and legality for reliance by the City of Sebastian only: Manny Anon Jr., City Attorney Page 4 of 4 331 of 409 CPOF SIE 11 - L_--" HOME OF PELICAN ISLAND CITY OF SEBASTIAN DECLARATION OF LOCAL STATE OF EMERGENCY WHEREAS, Chapter 252,38, Florida Statutes, gives authority to duly constituted municipalities to declare a State of Local Emergency in order to provide for the health and safety of persons and property; and WHEREAS, by virtue of Section 2-37 of the Code of the City of Sebastian, the power to declare a Local State of Emergency is vested in the office of the Mayor, and; WHEREAS, on March 1, 2020, the Governor of the State of Florida issued Executive Order 20-51, directing the declaration of a public health emergency and establishing the State of Florida's response to COVID-19; and WHEREAS, on March 9, 2020, the Governor of the State of Florida issued Executive Order 20-52, declaring that a state of emergency exists in the State of Florida by reason of COVID-19; and WHEREAS on March 13, 2020, President Donald Trump proclaimed that the COVID-19 outbreak in the United States constitutes a National Emergency beginning March 1, 2020; and WHEREAS on March 17, 2020, Indian River County declared a local state of emergency exists in all of Indian River County. NOW, THEREFORE, as Mayor the City of Sebastian, I hereby declare a State of Local Emergency in the City of Sebastian that will continue for the period of time in conjunction with the State of Florida Declaration unless otherwise canceled by the city council and includes the following area(s): a) The recalling or reassigning of City employees from vacation, canceling days off and mobilizing all personnel required for disaster response; b) The suspension of normal leasing and bid procedures to procure space, structures or other items under their normal authority for disaster response; c) The procurement of supplies, equipment, and services without formal bidding procedures; d) The closing to the public of public places including streets, alleys, public ways, parks amusement areas and public buildings; e) The prevention of price gouging for any essential commodity, dwelling unit, or storage facility; f) The conservation of water supplies; and COVID -19 lnitial(U+✓;` Page 1 332 of 409 Pursuant to this Declaration, the City Manager through the Chief of Police is hereby authorized to take whatever prudent actions are necessary to ensure the health, safety, and welfare of the community. Enacted: Signed by Mayor: �% Date: 3 1 AD,2c, Time: i ,' Witness: F_cvw /.r l� e/' 4n.7n J Cancelled: Signed by Mayor: Date: Time: Witness: COVID -19 Initial Page Z 333 of 409 STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-51 (Establishes COVID-19 Response Protocol and Directs Public Health Emergency) WHEREAS, Coronavirus Disease 2019 (COVID-19) is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms similar to those of influenza; and and WHEREAS, in late 2019, a new and significant outbreak of COVID-19 emerged in China; WHEREAS, the World Health Organization declared COVID-19 a Public Health Emergency of International Concern; and WHEREAS, in response to the recent COVID-19 outbreak in China, Iran, Italy and South Korea, the Centers for Disease Control and Prevention ("CDC") has deemed it necessary to prohibit or restrict non -essential travel to or from those countries; and WHEREAS, in response to the recent COVID-19 outbreak in Japan, the CDC has advised older travelers and those with chronic medical conditions to avoid nonessential travel and all travelers to exercise enhanced precautions; and WHEREAS, the CDC currently recommends community preparedness and everyday prevention measures be taken by all individuals and families in the United States, including voluntary home isolation when individuals are sick with respiratory symptoms, covering coughs and sneezes with a tissue and disposal of the tissue immediately thereafter, washing hands often with soap and water for at least 20 seconds, use of alcohol -based hand sanitizers with f 0%-95% 334 of 409 aicohol it' soap and water are not readily available and routinely cleaning frequently touched surfaces and objects to increase community resilience and readiness for responding to an outbreak; and WHEREAS, two individuals in the State of Florida tested presumptively positive fur COVID-19, including a resident of Manatee County and a resident of Hillsborough County; and WHEREAS, the CDC currently recominends mitigation measures in communities with COV1D-19 cases, including staying at home when sick, keeping away from others who are sick: and staying at home when a household member is sick with respiratory disease symptoms or if instructed to do so by public health officials or a health care provider; and WHEREAS, it is necessary and appropriate to take action to ensure that COVID-19 remains controlled and that residents and visitors in Florida remain safe and secure; NOW, THEREFORE, 1, RON DE,SANTIS, as Governor of Florida, by virtue of the authority vested in me by Anicle IV. Section (1)(a) of the Florida Constitution, and all other applicable lbws, promulgate the following Executive Order to take immediate effect; Section 1. Because of the foregoing conditions, I direct the State Health Officer and Surgeon General, Dr. Scott Rivkees, to declare a public health emergency in the State of Florida, pursuant to his authority in scetlon 381.00315. Florida Statutes. The State Health Officer is authorized and directed to use his judgment as to the duration of this public health emergency. Section 2. In accordance with section 381.0011(7), Florida Statutes, I direct the State Health Officer to take any action necessary to protect the public health. Section, 3, 1 direct the State Health Ofticcr to follow the guidelines established by the CDC in establishing protocols to control the spread of C OVID-19 and educate the public on prevention, 335 of 409 Agencies not under the direction of the Governar are requested to provide such assistance as is required. ATTEST 4-CRFTARY- 11 STATE - INI TESTIMONY WHERE'_01', 1 have hereunto set my hand and caused the Great Seal of the Stale of Florida to be affixed, at Tallahassee, this I st day of March, 2020. /04N DFSANTIS, GOVERNOR -- 4 336 of 409 Section 4, In accordance with section 381.0011(7), Florida Statutes, I designate the Florida Department of Health as the lead state agency to coordinate emergency response activities among the various state agencies and local governments. The State Health Officer, or his designee, shall advise the Executive Office of the Governor on the implementation of these emergency response activities. Section 5. All actions taken by the State Health Officer with respect to this emergency before the issuance of this Executive Order are ratified. Section d. The Florida Department of Health will actively monitor, at a minimum, all persons meeting the definition of a Person Under Investigation ("PUF') as defined by the CDC for COVID-19 for a period of at least 14 days or until the PUI tests negative for COVID-19. Active monitoring by the Florida Department of Health will include at least the following: A. Risk assessment within 24 hours of learning an individual meets the criteria for a PUL B. Twice -daily temperature checks. Section 7, The Florida Department of Health, pursuant to its authority in section 381.00315, Florida Statutes, will ensure that all individuals meeting the CDC's definition of a PUI are isolated or quarantined for a period of 14 days or until the person tests negative for COVID- 19, Section 8. 1 hereby direct the Florida Department of Health to make its own determinations as to quarantine, isolation and other necessary public health interventions as permitted under Florida law. Section 9, 1 direct all agencies under the direction of the Governor to fully cooperate with the Florida Department of Health, and any representative thereof in furtherance of this Order. 3 337 of 409 STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-52 (Emergency Management - COVID-19 Public Health Emergency) WHEREAS, Novel Coronavirus Disease 2019 (COVID-19) is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms similar to those of influenza; and and WHEREAS, in late 2019, anew and significant outbreak of COVID-19 emerged in China; WHEREAS, the World Health Organization previously declared COVID-19 a Public Health Emergency of Intentational Concem; and WHEREAS, in response to the recent COVID-19 outbreak in China, Iran, Italy, Japan and South Korea, the Centers for Disease Control and Prevention ("CDC") has deemed it necessary to prohibit or restrict non -essential travel to or from those countries; and WHEREAS, on March 1, 2020, I issued Executive Order number 20-51 directing the Florida Department of Health to issue a Public Health Emergency; and WHEREAS, on March I, 2020, the State Surgeon General and State Health Officer declared a Public Health Emergency exists in the State of Florida as a result of COVID-19; and WHEREAS, on March 7, 2020, 1 directed the Director of the Division of Emergency Management to activate the State Emergency Operations Center to Level 2 to provide coordination and response to the COVID-19 emergency; and WHEREAS, as of March 9, 2020, eight counties in Florida have positive cases for COVID-19, and COVID-19 poses a risk to the entire state of Florida; and 338 of 409 WHEREAS, the CDC currently recommends community preparedness and everyday prevention measures be taken by all individuals and families in the United States, including voluntary home isolation when individuals are sick with respiratory symptoms, covering coughs and sneezes with a tissue and disposal of the tissue immediately thereafter, washing hands often with soap and water for at least 20 seconds, using of alcohol -based hand sanitizers with 60%-95% alcohol if soap and water are not readily available and routinely cleaning frequently touched surfaces and objects to increase community resilience and readiness for responding to an outbreak; and WHEREAS, the CDC currently recommends mitigation measures for communities experiencing an outbreak including staying at home when sick, keeping away from others who are sick, limiting face-to-face contact with others as much as possible, consulting with your healthcare provider if individuals or members of a household are at high risk for COVID-19 complications, wearing a facemask if advised to do so by a healthcare provider or by a public health official, staying home when a household member is sick with respiratory disease symptoms if instructed to do so by public health officials or a health care provider; and WHEREAS, as Governor, 1 am responsible for meeting the dangers presented to this state and its people by this emergency. NOW, THEREFORE, 1, RON DESANTIS, as Governor of Florida; by virtue of the authority vested in me by Article IV, Section (])(a) of the Florida Constitution, Chapter 252, Florida Statutes, and all other applicable laws, promulgate the following Executive Order to take immediate effect: Section 1. Because of the foregoing conditions, 1 declare a state of emergency exists in the State of Florida, 2 339 of 409 Section 2. 1 designate the Director of the Division of Emergency Management ("Director") as the State Coordinating Officer for the duration of this emergency and direct him to execute the State's Comprehensive Emergency Management Plan and other response, recovery, and mitigation plans necessary to cope with the emergency. Additionally, I designate the State Health Officer and Surgeon General as a Deputy State Coordinating Officer and State Incident Commander. Pursuant to section 252.36(1)(a), Florida Statutes, I delegate to the State Coordinating Officer the authority to exercise those powers delineated in sections 252.36(5)-(10), Florida Statutes, which he shall exercise as needed to meet this emergency, subject to the limitations of section 252.33, Florida Statutes. In exercising the powers delegated by this Order, the State Coordinating Officer shall confer with the Governor to the fullest extent practicable. The State Coordinating Officer shall also have the authority to: A. Seek direct assistance and enter into agreements with any and all agencies of the United States Government as may be needed to meet the emergency. B. Designate additional Deputy State Coordinating Officers, as necessary. C. Suspend the effect of any statute, rule, or order that would in any way prevent, hinder, or delay any mitigation, response, or recovery action necessary to cope with this emergency. D. Enter orders as may be needed to implement any of the foregoing powers; however, the requirements of sections 252.46 and 120.54(4), Florida Statutes, do not apply to any such orders issued by the State Coordinating Officer; however, no such order shall remain in effect beyond the expiration of this Executive Order, to include any extension. Section 3. 1 order the Adjutant General to activate the Florida National Guard, as needed, to deal with this emergency. 3 340 of 409 Section 4. 1 find that the special duties and responsibilities resting upon some State, regional, and local agencies and other governmental bodies in responding to the emergency may require them to suspend the application of the statutes, rules, ordinances, and orders they administer. Therefore, I issue the following authorizations: A. Pursuant to section 25236(l)(a), Florida Statutes, the Executive Office of the Governor may suspend all statutes and rules affecting budgeting to the extent necessary to provide budget authority for state agencies to cope with this emergency. The requirements of sections 252.46 and i 20.54(4), Florida Statutes, do not apply to any such suspension issued by the Executive Office of the Governor; however, no such suspension shall remain in effect beyond the expiration of this Executive Order, to include any extension. B. Each State agency may suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders or rules of that agency, if strict compliance with the provisions of any such statute, order, or rule would in any way prevent, hinder, or delay necessary action in coping with the emergency. This includes, but is not limited to, the authority to suspend any and all statutes, rules, ordinances, or orders which affect leasing, printing, purchasing, travel, and the condition of employment and the compensation of employees. For the purposes of this Executive Order, "necessary action in coping with the emergency" means any emergency mitigation, response, or recovery action: (1) prescribed in the State Comprehensive Emergency Management Plan ("CEMP"); or (2) ordered by the State Coordinating Officer. The requirements of sections 252.46 and 120.54, Florida Statutes, shall not apply to any such suspension issued by a State agency; however, no such suspension shall remain in effect beyond the expiration of this Executive Order, to include any extensions. 4 341 of 409 C. In accordance with section 465.0275, Florida Statutes, pharmacists may dispense up to a 30-day emergency prescription refill of maintenance medication to persons who reside in an area or county covered under this Executive Order and to emergency personnel who have been activated by their state and local agency but who do not reside in an area or county covered by this Executive Order. D. In accordance with section 252.38, Florida Statutes, each political subdivision within the State of Florida may waive the procedures and formalities otherwise required of the political subdivision by law pertaining to: 1) Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community; 2) Entering into contracts; however, political subdivisions are cautioned against entering into time and materials contracts without ceiling as defined by 2 CFR 200.3180) or cost plus percentage contracts as defined by 2 CFR 200.323(d); 3) Incurring obligations; 4) Employment of permanent and temporary workers; 5) Utilization of volunteer workers; 6) Rental of equipment; 7) Acquisition and distribution, with or without compensation, of supplies, materials, and facilities; and, 8) Appropriation and expenditure of public funds. E. All State agencies responsible for the use of State buildings and facilities may close such buildings and facilities in those portions of the State affected by this emergency, to the extent necessary to meet this emergency. I direct each State agency to report the closure of any State 5 342 of 409 building or facility to the Secretary of the Department of Management Services. Under the authority contained in section 252.36, Florida Statutes, I direct each County to report the closure of any building or facility operated or maintained by the County or any political subdivision therein to the Secretary of the Department of Management Services. Furthermore, 1 direct the Secretary of the Department of Management Services to: 1) Maintain an accurate and up-to-date list of all such closures; and, 2} Provide that list daily to the State Coordinating Officer. Section 5. 1 find that the demands placed upon the funds appropriated to the agencies of the State of Florida and to local agencies are unreasonably great and the funds currently available may be inadequate to pay the costs of coping with this emergency. In accordance with section 252.37(2), Florida Statutes, I direct that sufficient funds be made available, as needed, by transferring and expending moneys appropriated for other purposes, moneys from unappropriated surplus funds, or from the Budget Stabilization Fund. Section 6. All State agencies entering emergency final orders or other final actions in response to this emergency shall advise the Slate Coordinating Officer contemporaneously or as soon as practicable. Section 7. Medical professionals and workers, social workers, and counselors with good and valid professional licenses issued by states other than the State of Florida may render such services in Florida during this emergency for persons affected by this emergency with the condition that such services be rendered to such persons free of charge, and with the further condition that such services be rendered under the auspices of the American Red Cross or the Florida Department of Health. 6 343 of 409 Section 8. All activities taken by the Director of the Division of Emergency Management and the State Health Officer and Surgeon General with respect to this emergency before the issuance of this Executive Order are ratified. This Executive Order shall expire sixty days from this date unless extended. ATTES' kuzv.�--° E RETARY OF STAT f IN TESTIMONY WHEREOF, I have hereunto set my Band and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, this 9th day of March, 202pxi, Vr ate+ �-.ATZ P1 344 of 409 lT1Y �iF SEBAST1" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: December 9, 2020 Agenda Item Title: Presentation of Comprehensive Plan 2040 and Discussion on the Schedule and Transmittal of same Recommendation: City Council to set Public Hearing date for Transmittal of Comprehensive Plan 2040 Backaround: The City of Sebastian, Florida, has amended the City of Sebastian's Comprehensive Plan in its entirety, excluding the Economic Development Element, in accordance with Chapter 163.3184(3) and has conducted the required public hearings to receive citizen input. The Comprehensive Plan contains goals, objectives, and policies to guide the development of the City of Sebastian through the year 2040, addressing land uses, transportation & mobility, housing, infrastructure, conservation & coastal management, parks, recreation & open space, governance & implementation, and public schools elements. The Draft plan was provided to the City Council on October 1, 2020 along with a matrix showing all changes to the plan. Since the current Comprehensive Plan has been amended in its entirety excluding the Economic Development Element, the Florida Department of Economic Opportunity (DEO) recommends a matrix to be submitted along with the amended Comprehensive Plan in lieu of the strikethrough format typically transmitted. The Planning and Zoning Commission of the City of Sebastian, acting as the Local Planning Agency, held a public hearing at its duly noticed October 15, 2020 public meeting to consider the proposed Comprehensive Plan amendment and recommended that City Council adopt the same. Attached please find the final recommendation from the PZ Commission/Land Planning Agency (LPA) for your review. Following the City Council's review and consideration of all relevant evidence, information and testimony, a public hearing will be held to consider the proposed Comprehensive Plan amendment and transmit the proposed document to the Florida Department of Economic Opportunity (DEO). Once DEO has received the PROPOSED document, they have sixty (60) days to provide objections, recommendations and comments referred to as the ORC report. The City has 180 days to ADOPT the final document at which time it will go into effect. The City of Sebastian shall transmit within ten (10) working days, the amendment or amendments and appropriate supporting data and analyses to the reviewing agencies. Staffs is prepared to answer any questions regarding the amended plan, discuss the transmittal process and is requesting a date for the public hearing. Attached please fmd the power point from the Public Engagement Open House on December 2, 2020. If Agenda Item Reauires Exvenditure of Funds: Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Land Planning Agency (LPA) October 15, 2020 Final Recommendations 2. Public Engagement Power Point 345 of 409 Administrative Services Depart%ment view: City Attorney Review: Procurement Division Review, if app�able: City Manager Authorization Date: %(-)' 41, / 346 of 409 PLANNING AND ZONING COMM ISSION/LOCAL PLANNING AGENCY MINUTES OF OCTOBER 15, 2020 Staff recommends approval of the draft proposed City of Sebastian Comprehensive Plan 2040 and transmit the Comprehensive Plan to City Council for consideration, including the recommendation to have the maps produced as a larger map series, the addition of five of the NRB recommendations as noted: Policy 5-1.1.8, Policy 5-1.3.1, Objective 5-1.2, Objective 5-1.5, and Policy 5-2.4.1; recommending the addition of the future land -use change at the airport from Institutional to Mixed Use; and remove the future land use change from the sand mine parcel from mixed use back to single-family residential and industrial. Mr. Anon reminded the Commissioners that all discussion relating to the motion should be open to all and not just between two Commissioners. Mr. Roth called for additional discussion/questions regarding the three items mentioned. Hearing none, he called for a motion to approve the Comp Plan draft as submitted with the points that were recommended by the Natural Resource Board. Ms. Frazier stated that staff will also add the recommendation regarding water conservation in the DIA. Hearing nothing further from staff, Mr. Roth called for a motion. Motion recommending approval by City Council of the Comprehensive Plan along with enlarging the map series in the document, plus the proposed changes to the Future Land Use Map as discussed at the airport property and the Triangle property only, as well as the recommendations of the NRB was made by Mr. Christino and seconded by Mr. Simmons. After discussion, an amendment to the Motion with wording pertaining to the addition of five of the NRB recommendations as read into the record listing Policy 5-1,1.8, Policy 5-1.3.1, Objective 5-1.2, Objective 5-1.5, and Policy 5-2.4.1 was made by Mr. Christino and again seconded by Mr. Simmons. Roll Call Mr. Qizilbash -- Yes Mr. Roth - Yes Mr. Simmons -- Yes Ms. Kautenburg (a) -- No Mr. Christino (a) -- Yes Vote was 4-1 in favor. Motion carries. NRB RECOMMENDED POLICIES FOR INFORMATION PURPOSES. Policy 5-1.1.8: Native Habitats Inventory and Assessment. The City will update its inventory and assess significant native habitat remaining within the City limits every 5 (five) years Policy 5-1.3.1: Protect Living Marine Resources, Coastal Marsh, Estuarine Water Quality, and Seagrass Beds. g. Ensure protection of fisheries and living marine organisms Objective 5-1.2: Protection of Surface Waters and Wetlands. Implement policies that limit adverse impacts or alterations to surface waters anti welim ios to the greatest extent possible Objective 5-1.5: Protect Air Quality. Protect and improve air quality by ensuring development meets or maintains state and federal air quality standards... Policy 5-2.4.1: Post -Emergency Assessments. DIA Water Conservation Addition of statement: Recognizing nitrogen leachate in groundwater is a significant contributor to water quality in surface water bodies. 347 of 409 12/1/2020 Comprehensive Plan Elements • Introduction • Acronyms & Definitions • (1) Land Use • (2) Transportation & Mobility • (3) Housing • (4) Infrastructure • (5) Conservation & Coastal Management • (6) Parks, Recreation, & Open Space • (7) Governance & Implementation • (8) Public Schools z 348 of 409 1 12/1/2020 Edits: • Acknowledgements • Addition of livability and smart growth language and graphic • Addition of Acronyms & Definitions Section ACRONYMS & DEFINITIONS M �~h'M.anvrhwdaw�nr��. M�+�+�gwr� WgMw Fe^Y^•M 4q� iw A Ynrynuuondlunm-�YY try3tlotlnh YbwnpyWF� n h�tlyMi Gbnpm�rwM hFYnla411x Y+OHwLL B �wPrawntllMadinCTnin-Ta+rwahnw4intlnh LapWwet Pun4nIM �avpgNlYY�riewr�nh rY�r�p�wnghCaaw/Mv MP,rtP.ClrpM i�trw•�n+r�•'�Wy•�ne�+h'.W � �� NN mrreY F.eri>Sr y.aa Y+M.b�me YweraegTq�wr1yKe�pT! W ~ pwwp aplYnv; vkaAw�nr �9 YhIM tlten gT1TrrY Nw Cayu ACRONYMS A wa i...R.�rew..y srwe •our....yB..•.Pun B w BxBn.�. Baa uauwes...�qu.e�.r. neve.Y�r,�pwNwwnPW t S•fi f.M.nyo.nep.w�Ytr6�a CiBfP.4.w1 FYb M�w�=Nnn 11n�V P.a�w G111A GUYNyi xrna B.� W f+s.+Ygr..�.aPynn G CWYIY�pwnn�n StlglYe cl• can..nq �+YM+MYn (AB WwypwpMUmMw [•P CglfeawaP�feppr. 349 of 409 2 12/1/2020 What is the Land Use Element? • Designating proposed future general distribution, location, and extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, conservation, education, public facilities, and other categories of the public and private uses of land. • An analysis of the availability of facilities and services. • An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. • An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. • Based on population projections. 6 350 of 409 3 12/1/2020 �.HIMI V•.w �FYxr� � �p�rM� q' -,~i bin � _ {6W �11� .YiO SYSYYrMi.P�� ISwY�.P� jNY u.v�l �PsruN Su �NSrY4� 4I. -1 X, 7 Edits: r.bl.l.1:"ndU-D.&"O m • Medium and Mixed Use Designations Land Use .- lntongLty Ifloar area ratio) updated to 10 du/ac with up to 12 R—d.rft,il Land Use du/ac with incentives (to meet Missing very Low litbay = Middle/Livable Community Standards) Low Density 5 duiac kitn�-am Density 10 dutac' • Clarification in Policy 1-1.3.5 for Mobile Hone Devebpnent 5du/ac Riverfront Mixed Use designation that density incentives shall be only Lnu,+SCr•^•:r: :r General Commercial 0.8FAR 1.0 FAR available for areas outside of the CHHA commerdal512 0.5 FAR Rivei*Drd Mixed tlse 6 dulae & 0.6 FAR' • Addition of limited (light) industrial Mixed Use t&dL4a&&0.6FAR- uses to be allowable in Mixed Use Industrial 0.5 FAR designation (Policy 1-1.3.6) lnstltutlonel 0.6 FAR • Heavy and Light Industrial Zoning ilwp" PC Standards addressed in LDC process `N41WOWLI I --" AN • DIA updates to reflect BEBR 2020 '°`e1. Up to 12; d.&O wM l,ceMHn population estimate 3. Upto 10 FAR with lncenavaa 4. 5. 351 of 409 4 12/1/2020 Edits: • Addition of Property Maintenance Policy (Policy 1-1.2.5): Policv 1-1.2.5: Code Compliance. The Citv shall facilitate the maintenance. redevelopment, and quality of housinc units within the Citv throuDh conservation. rehabilitation. education. comDliance. and enforcement of LDC regulations and buildine code standards including the provisions to upgrade substandard housing. The LDC or other document shall include orooerty maintenance standards for buildings including residential structures. mobile and manufactured homes. etc. reauiring that all Drooertv. structures and buildings shall be maintained in compliance with the reauirements adopted. Standards shall include arovisions restrictinY a person from occuovine as owner -occupant or permit another person to occuDv Dremises which are not in a sanitary and safe condition and which do not comply with the requirements of the code. Maintenance responsibility for mobile homes and Dremises located within mobile home ❑arks lies with the responsible Dartv based on the oblieations set forth in Section 723.024, Florida Statutes. as amended. The standards shall include provisions that all DroDerty and Dremises shall be maintained in a clean. safe. secure. and sanitary condition. The storage of trash. rubbish. and garbage is prohibited on anv oronerty. 352 of 409 5 12/1/2020 iF What is the Transportation & Mobility Element? • Assesses the condition and capacity of the existing transportation facilities, projects future needs, sets LOS standards for roads, and determines future system improvements • Recognizes the need to provide transportation alternatives to increase accessibility and provide a comprehensive transportation system -cky ELI 353 of 409 6 12/1/2020 Transportation & Mobility CITY OF SEEASTI1tN GOrY*atelemRVN FSan2p34IF Edits: • Objective 2-1.1 declaimer to "See also Obiective 2-1.6" and Objective 2-1.6 disclaimer to "See also Objective 2-1.1" • Policy 2-1.1.2 addition of "Complete Streets elements are understood to include but not limited to the following: Bike Lanes. Buffered Bike Lanes. Neighborhood Greenway. Multi -Use Trails/Shared Use Paths. Cvcle Tracks. Good Sidewalk Design. Crosswalks" Interactive Flashing Beacon. Pedestrian Hvbrid Beacon, Curb Extensions/Bulb-outs, Median Islands/Refuges. Lighting. On -Street Parkine, Shadine/Trees. Bus Shelters. Road Diets" • Policy 2.1.6 addition of "The Citv will continue to coordinate with the Countv to imarove bicvcle and pedestrian infrastructure and usabilitv on C.R. 512." • Policy 2-1.1.7 addition of `Bike paths or bike lanes shall be mandatory on all new development and on all new roadwav construction." • Policy 2-1.1.14 addition of "Additionally. the Citv shall analyze aarkina standards for alternative modes of transportation includine bicycles. motorcycles. scooters. and neighborhood electric vehicles." 13 Edits: • Policy 2-1.1.9 edits: Policy 2-1.1.9: Sidewalks and Multi -use Paths. The Citv shall conduct a sidewalk assessment and walkine studv. Sidewalks or multi -use paths shall be mandatory on all new development and on all new roadway construction. • Sidewalk width shall be provided based on land use context per the FDOT Design Manual. • Sidewalks shall be constructed, concurrently with new non-residential development, by the developer. • Except where constrained, new residential developments with densities of one or more dwelling units per acre shall provide sidewalks on both sides of every street. • Sidewalks for all developments shall be designed to provide connectivity to existing pedestrian facilities. The City shall establish acceptable Qualitv Level of Service (QLOS) thresholds. The QLOS methodologies and easures are outlined in the 2013 Florida Deo Xt ent of Transpprtatlon Duality/Level of Service Handbook. as amended. The Citv shall periodically measure levels of service for motor)-sq. nedestri77,��11ss, and bicyclists on facilities throughout the Citv. The Citv shall strive to maintain balance of QLbS for all users (To be completed by 2025). 14 354 of 409 7 12/1/2020 What is the Housing Element? • Addresses housing for all current and anticipated future residents. • Single-family, multi -family, mobile homes, community residential facilities, historically significant housing. • Affordable housing programs. 16 4 355 of 409 8 12/1/2020 Housing CTrY OP SEBASTIAN CunK+++N�crG�.vr asen 2P44 . �A � i� A r= . Edits: • Policy 3-1.2.1 addition of "The Citv shall review methods for addressing the affordable and "missinu middle" housing shortage in the Citv." • Addition of Policy 3-1.2.7 and 3-1.2.8: Policv 3-1.2.7: Alternative Construction. The Citv of Sebastian suoPorts the use of mobile, manufactured. modular. and alternative construction homes as a form of housing that can be more affordable to a broader range of people than traditional site -built homes and add to the varietv of available housing options. Policv 3-1.2.8: Identified Affordable Housing Needs. The Citv recosnizes the need for imorovements in the provision of auality affordable housing. The Citv will undertake an affordable housing studv to determine the amount and tvpe of housing available at the various income levels. The Citv will investigate oubliclorivate partnerships to facilitate affordable housing. � Is 356 of 409 9 12/1/2020 Edits: • Policy 3-1.3.3 addition of "The Citv will also encourage the Provision of hip-h- speed internet access for these households, consistent with Infrastructure Element Policy 4- 1.1.11." • DIA clarification "The averaee household size is 2.24 DeoDle Der dwellin[3 unit accordiniz to the Universitv of Florida Bureau of Economic and Business Research BEBR ." • DIA addition of Zillow Analysis and Realtor.com data Zillow Analysis Based on the available data and Information the frAlovdrg has been provided for referencep� ordv, It Is understood this information is supplemental and orovides a snapshot of valuations/rates soecific to the 10-Year Home Value Index IZHVI I for the area. The ZHVI rmeserds the Ivulcal value for homes In the 3S to W oercenllle�raanav for a s�aYic area. TThe ZHVI Includes sinnle-famliv homesyand condwninlums/co-ow Table 3. 17 lntheC 0. he home vale in Sstras4'a . eased from and averaoe rd S137514 to 5230 72r The ZI1km 1Obetnved fen Index (LORE rSpJesents a measure the w0oal ggserved market rent rate for homes and anartments that fall into the 401t1 to 60th rcahle ranyVa Inalygn red . Yet Lelow only celwlates ZORI for the too 100 metro areas in the Coumtv and does not Include data for Sebastian. AMOS, Sam I fl Rentals Accordma to the Natiovry�i Artlion ofp�ry�'� Ilor websits. "Aparlmen s fof rant Sebastian. Florida have a median rental once Of Si 55D. There a� S'l active anartmenls for ran in Sebastian " BY comparison. "Anarin, nN far rent in Indan River Cotmty Florida have a median rental once of $1.800, There are 552 active aoarlments for rent in Indian River County.' ^19 357 of 409 10 12/1/2020 What is the Infrastructure Element? • Plan for meeting future public facility needs and maximizing use of existing facilities • Wastewater, solid waste, stormwater drainage, potable water • Establishment of level of service standards • Availability of capacity in these systems to support development • Note: water/wastewater capacity is determined by Indian River County Utilities 21 LAwa(ions of ,SgAic lanLs in Indi.ui Riur (:nnric 11"lida P `1 i l f i 1 -4 22 358 of 409 11 12/1/2020 Edits: • DIA addition of map of septic tanks in Indian River County • DIA addition of reference to green infrastructure: "Green infrastructure is also important for stormwater draina;e within the ON. Green infrastructure, including canals and ❑onds. provides for wildlife habitat. stormwater management. and recreational oanortunities. The Citv intends to continue to plan for and manave its P-reen infrastructure including. its narks. areenways. and vrotected conservation lands." (pg. 18) 23 359 of 409 12 12/1/2020 What is the Conservation & Coastal Management Element? • Sets the foundation for the City to protect and conserve its natural environment and coastal resources as well as protect life and property from natural disasters • A priority for the ON of Sebastian Conservation CITY OF SEBASTIAN .'nr. ;., Jm- ��1_ -�1� �� lay. •.eEtl' . 25 0" 26 360 of 409 13 12/1/2020 Edits: Addition to Policy 5-1.2.3: Policy 5-1.2.3: Wetland Protection. Wetlands shall be defined as set by 373.421 F.S. and 373.019(27) F.S. Accordip to Florida Statutes wetlands are those areas �that Jare inundated o�rpsaturated bv�7;a a4Qpr y�y�vvyyater}ayt agj�rG��E@upen�a a gyration so �u55eppritII��t0Suil5tin�lvV�V4 p24Yf2�9f a�! JJ� fIeD$as yupRortdliUvfSf0 4g452t55�fyI tf Tn�faF311 c1PO��1TG `fin �t�5�g9turated th�hafha�5y6p1)ceogtion�fe�3aJj1eQ3atoqtiwet �G51eraryG� �A�dr2 �ve.ta I�aoe`Q��y3q(�+ Slo lt9,��s �2ppf�o uftf4JJe a a "t Coryave t 2 a to.lpYo re rq uceY r sipst�in(`��1�jLp}�atic rv1 0 8 pf Cdgl S0 )t�dn FJGlj wet �nq�� era'I I'nc))U s�� rt1�rs es. eat. c�pless gAmes S �t�$s 5 W � iipame nverme �yg(�y�Qap Zrs es t�pY G S ,, page s es tlq I ma�Iy rha�e odd sWampS anq oIp Mara[ ,a . dr tla/��5 a erally aP oL l ae ionr�ie� F �I9Sfl fhe TI ooa� Wtn an �fnG�rstotV dommate0 bvSI �4eIr�1� D. W2 I� s nave � TOIr0lvt • Wetlands serve jrrl�art r Vi tbiolgejcal functions including food chain Production: and Reneral habitat: and nestinP, soawnmg. rear R. �Q�il��ff PQM R R s for a�Jouaart►iic o�r�iya5ntea�necmieses:Iting �edl • characteristics.currentcurrent oattterns. and otR2F �tS�fFoflfti'1RThi i"fI�Y6Z!1:2Y15t5Li�entation Patterns. salinity distribution. flushing • Wetlands can be si¢nificant in shielding other areas from wave action. erosion. or storm damage; • Wetlands serve as valuable storage areas for storm water and flood waters: • Wetlands can be Prime natural recharge areas: and • Wetlands Provide natural water filtration processes which serve to Purify water. Wetlands shall be protected from physical or hydrologic alterations in order to maintain natural functions. The City shall maintain LDC performance standards designed to protect, conserve, and enhance wetlands by directing incompatible land uses away from wetlands. The LDC shall also prohibit any development within the wetland shoreline or adjacent buffer area, with the exception of water dependent native shoreline vegetation programs, approved pervious or elevated accessways, or other uses approved bythez7 City pursuant to ther City regulations. Edits: • DIA addition of soil information (pg. 32) • Policy 5-2.4.1 addition of "Consistent with the Citv of Sebastian's Emergencv Management Plan" • DIA addition of "The Citv intends to continue to plan for and manage its green infrastructure including its parks, greenways, and protected conservation lands. Green infrastructure provides for wildlife habitat, stormwater management, and recreational opportunities." (pg. 23) • DIA addition under Hurricane Vulnerability Zone section of "and manufactured home residences" (pg. 35) tlMwow MMe. sk"-P�. e•�e.f.ge/.irHnceeti �n�Inec4Pe/)emlweTM eeM1 •e —d. a h. Pe»nYl4 «Mepm.. h..a ugmfu. FnL^7 P eP.nec Sel7P..m.mg MCe, a•u i. Map bi Farr-rrlii 01i,•,,rr�r�rr�ri�' N...M.ans�.e.mu�.tx»c.,,as.n..,.�,lr rt� Acm,d,g W MP, D— f W, flcem•ce Manganem, tMe >rc m mn.mertu►Y r W dV W of eepme,ldl—.P-ph—cUY. or ptlpmxrc wEn M C.Y d Sepe.en W—o h."mnevl nvm• N.: oMet Men u+A nmup alvg IM cea•al n¢ge m fie — P— W the cM. ! h.n avnsea rvnhn tl�eCtY lMCagolSe6.wn dwr. rof ha sa,y.yr! �... e!uieroiwi. r—Paente"s 361 of 409 14 5_0 '4 �fk 6. -Parks, Recreation, &-Open -Sp'jCe_Elehi_e'nt. Parks, Recreation & Open Space I CMOFSEBASTIAN mrif 12/1/2020 Edits: • Policy 6-1.1.1 addition of "Table 6-3 disolays the 000ulation oroiections and trends that the City can expect in the next 20 vears" and addition of Table 6- 3 • Policy 6-1.1.2 addition of: "Analysis of existing LOS stagdards for consistencv with the Citv's vision for harks, recreation and open soace." • Policy 6-1.1.14 additions of "Nameplates identiNinq each native plant is encoyl Ki� in an effort to educate the public. anditvwillnromote ��Parks jrg and signage discouraging littering at Pa • Policy 6-1.2.2 addition of "trail linkages" • Policy 6-1.4.5 addition of "The Citv shall consider the need for add[Tssinv: all-inclusive plav equipment within City oar s. J^31 _ Edits: • Policy 6-1.5.6 additions: The City website shall include a man of the City's parks and facilities. Outreach efforts shall include targeted efforts to reach the entire community such as through City sponsored newsletters. • Policy 6-1.6.4 addition: Policv 6-1.6.4: Boat Ramps and Parking. The Citv shall analyze the need for additional boat ramp and parking facilities as i)art of the develo:)ment of the Parks System Master Plan. • Minimal DIA edits 32 363 of 409 16 12/1/2020 What is the Governance & Implementation Element? 1P • Ensure intergovernmental coordination in all aspects of planning • Ensure necessary capital improvements 34 364 of 409 17 12/1/2020 Edits: • Policy 7-1.2.3 addition: Policy 7-1.2.3: Interlocal Service Boundary Agreement (ISBA). The City shall coordinate with Indian River County and other municipalities within the County to establish an ISBA to address issues including, but not limited to, utilitv services. public facilities and services, and future annexation areas for each municipality. • Policy 7-1.3.3 removal of "Automobile Occupancy Rates" • Policy 7-2.7.2 addition: Policy 7-2.7.2: Adequate Facilities. No development permit or order which contains a specific plan of development, including densities and intensities of development, shall be issued unless adequate public facilities are available to serve the proposed development no later than its anticipated date of issuance of a certificate of occupancy as determined by the concurrency evaluation set forth in this section. 35 Edits: • Policy 7-2.6.1 additions: Policy 7-2.6.1: Evaluation of New Development Impacts. All development oermits or order applications shall be evaluated as to the impact of the development on capital facilities and the operation and maintenance of those facilities. The evaluation shall demonstrate that all urban services needed by the proposed development can and will be provided concurrent with the new development and include, but not be limited to, the following: • Expected capital costs, including the installation of new facilities required that are related to the development. • Expected operation and maintenance costs associated with the new facilities required by the development. • Anticipated revenues the development will contribute, including impact fees, and user fees. • Note that CIP in the DIA will be replaced by PDF version in the final document 36 365 of 409 18 12/1/2020 What is the Public Schools Facilities Element? • Plan for meeting future public school facility needs and maximizing use of existing facilities. • Indian River County School District: 2019-2020 5-years District Facilities Work Plan 38 366 of 409 w 12/1/2020 Edits: • Goal 8-1 addition of "Schools are neip-hborhood assets and community attractions." • Policy 8-1.5.2 addition of "The City shall encourage im:)roved Pedestrian and bicycle safetv around schools (2 mile radius) includink bus routes/shelters, sidewalks. and bike paths" • Minimal DIA edits -^39 1 367 of 409 20 GR L* SET;;� - �__' -1 S HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: December 9, 2020 Agenda Item Title: Ordinance 0-20-03 Proposed Land Development Code Amendment to Article V — Zoning District Regulations; specifically Section 54-2-5.10(2) Size and Dimension Criteria with regards to Establishing Starting Points for Building; Height Measurement Recommendation: Hold first reading for Ordinance 0-20-03. If approved, set second reading and public hearing for January 13, 2021. Background: Currently, the Land Development Code establishes building height as measured from the Finish Floor Elevation (FFE) to the highest point of the building, i.e. roof ridgeline, excluding permitted architectural embellishments, antennas, and rooftop mechanical equipment, etc. Buildings located in the Special Flood Hazard Areas are measured from the base flood elevation (BFE) also to roof ridgeline. In 2017, the 6th edition of the Florida Building Code (FBC) was adopted by the State, which, amongst other updates and revisions, and in consideration of FEMA requirements, added additional regulations regarding minimum FFE's for buildings located within Special Flood Hazard Areas. Finished Floor Elevations are required to be raised an additional 12 inches from an established BFE. Also, the bottom of support beams of structures within Flood Hazard V Zones must be above the established BFE. Staff has recently been approached by contractors who are having difficulties in applying the FBC requirements for properties in the SFHA — mostly along the riverfront - while trying to coordinate building height as the LDC defines it, and still design a home with desired wall sizes and roof pitches. Staff researched other coastal municipalities and their building height measurement regulations and found that many had updated their codes to include consideration of the current FBC requirements (Example A). Please note that the vronosed Ordinance does not change the maximum building height allowed in anv zoninz district, and will not affect anv of the residential areas. If Agenda Item Requires Exaenditure of Funds: Budgeted Amount: Total Cost: 1 Funds to Be Utilized for Appropriation: Attachments: 1.Ordinance 0-20-03 2. Section 26-1, referenced in Ordinance Administrative Services Departm t Revi City Attorney Review: Procurement Division Review, if Aloplicablel City Manager Authorization Date: l,)-% 3. Example A 4. LocaI Planning Agency Minutes — 11/19/20 r ORDINANCE NO.O-20-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-2-5.10(2), SIZE AND DIMENSION CRITERIA, REGARDING THE ESTABLISHMENT OF STARTING POINTS FOR BUILDING HEIGHT MEASUREMENT; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council finds it is in the public interest to modify and update certain sections of the code; and WHEREAS, the City wishes to coordinate building height regulations with the requirements of the Florida Building Code regarding properties located in Special Flood Hazard Areas; and WHEREAS, the Local Planning Agency held a public hearing on November 19, 2020, and made an unanimous recommendation to City Council to adopt Ordinance 0-20-03. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Land Development Code, City of Sebastian, Florida. is hereby amended as follows: ARTICLE V. ZONING DISTRICT REGULATIONS Sec. 54-2-5.10. —Size and dimension criteria. (2) Height regulations and exceptions thereto. The !,.Rn %..:iding lies ,ht" a used :n the T u^^d Dgvcl :pm3at k� _ f uturyr s�'ci€leally pefmilled to extend beyond the heigM ofthe building, on any qitewhere fill is FeqUiFed-to adhere to the base flood eievation.. as established by the National F! red . c #'.c;3s ala.'wtrm tc the buRNing-not irzlxiirfz these 1 369 of 409 F,ATiazturca cpesi€u alpenrnittcd to cxttnd beyond th i '& of the building: The term "buildina height" as used in the land development regulations shall mean the vertical distance from the highest elevation of either: 1) The minimum Finished Floor Elevation as required in the Code of Ordinances Section 26-1. or 2) The average construction grade of a site where fill is required by another governmental agency; or 3) The base flood elevation plus one foot as required by the Florida Building Code; or 4) The base flood elevation nlus 18 inches if located within a Coastal High Hazard Area (V Zone), measured to the highest point of the building, not including those structures specifically vermitted_to the extend beyond the height of the building. Chimneys and radio and television antennas may exceed height limitations upon the prior approval of the ncggom nt DirA�Community Dcvelopment Department staff and the City Engineer based on the compliance with all other applicable technical codes. Steeples, silos, windmills, ventilators, water tanks, cupolas and other appurtenances usually required to be placed above the roof level and not intended for human occupancy or use may exceed height limitations for the respective ;coning district by no more than twenty (20) percent upon the prior approval of the Nanning cnd-4�en Gefflmis4a*citv staff, All apparatus exceeding height limitations by more than twenty (20) percent for the applicable zoning district height restrictions shall require variance approval by the Board of Adjustment. In no event, however, shall any permitted heights be in conflict with the height regulations established by flight angles of state -approved airports in the city. All permitted heights shall comply with all requirements of the Federal Aviation Authority and the Federal Communications Commission. Section 2. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 5. Scrivener's Errors. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. 370 of 409 Section 6. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by CounciImember and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice -Mayor Jim Hill Councilmember Fred Jones Councilmember Bob McPartlan Councilmember Christopher Nunn The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2021. ATTEST: Jeanette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA Ed Dodd, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Manny Anon, Jr., Esq. City Attorney 3 371 of 409 BUILDINGS AND BUILDING REGULATIONS § 26-2 ARTICLE L 1N GENERA. Sec. 26-1. Floor elevations. (a) The minimum floor elevation of residential, duplex, multiple -family residences, motels, or hotels constructed in the city shall be no less than 18 inches above the crown of the abutting improved street, and no less than six feet above mean sea level, whichever is the higher elevation. Specific standards for properties located in a flood zone shall be in accordance with chapter 46 floods. (b) The minimum floor elevation of commercial and industrial structures, private or public garages, cabanas, utility rooms, storage rooms and similar structures constructed in the city shall be no less than six inches above the crown of the abutting improved street. The elevations of floors where alley right-of-way exists shall not be less than six inches above alley paving. The floor elevation cited under subsection (a) of this section shall comply with the elevations specified in this subsection and shall be no less than six feet above mean sea level, whichever is the higher elevation. Specific standards for properties located in a flood zone shall be in accordance with chapter 46 floods. (c) The federal flood insurance rate maps, as amended, for the city are hereby incorporated into this Cade by specific reference, a copy of which shall be available for inspection by the public in the office of community development. (Ord. No. 0-12-08, § 1, 8-22-12) 372 of 409 EXAMPLE A BUILDING HEIGHT MEASUREMENT REGULATIONS - EXAMPLES: City of Vero Beach: Sec. 60.15. - Building height measurements. (a) Rules applicable to measurement of building heights. Except where specifically modified by other provisions of this title, the regulations of this section shall govern the measurement of building heights. (b) Starting point for height measurements. The starting point for measurement of any building height shall be whichever is the highest elevation of the following: (1) The existing weighted average grade elevation of the property; (2) The base flood elevation; (3) The base flood elevation plus 18 inches, if located within a coastal high hazard area (V Zone); (4) The required Florida Department of Environmental Protection (FDEP) elevation plus 18 inches, if located seaward of the Coastal Construction Control Line; or, (5) 18 inches above the crown of the nearest adjoining improved road. City of Delray Beach: (2) The base building elevation, specifically for the measurement of building height, is defined as the highest point for the following site conditions: (Ord. No. 02-19,_§ 2, 4-16-19) (a) For sites not located within a FEMA designated special flood hazard area (SFHA), the base building elevation shall be a minimum of 18 inches (or less with approval by the City Engineer) and a maximum of 30 inches (which allows for 12 inches of freeboard) above the mean elevation of the crown of the street along the lot frontage or the average of the mean elevation of the crowns of the streets for lots with multiple lot frontages. (Ord. No. 02-19, 2, 4-16-19) Base Building Elevation: Not within a Special Flood Hazard Area (SFHA) n' � Max Height —1 t rn v x rn m Base Building Elevation Average Crown of Road 12'Max Optional Freeboard 19" Aeq.FloorElevatlonl (b) For sites located within a FEMA designated SFHA, as amended, the base building elevation is established as the higher of the following: (Ord. No. 15-18 ,422, 6-19-18; Ord. No. 02-19,_§_2, 4-16-19) 1 373 of 409 (i) The minimum required base flood elevation, as required by FEMA and the Florida Building Code (FBC), as amended, and allowing up to 12 inches for freeboard; or, (Ord. No. 15-18 , §_2, 6-19-18; Ord. No. 02-19,L2, 4-16- 19) Base Building Elevation: Within a Special Flood Hazard Area (SFHA) n Max Height � L L a0 Lowest Horizontal Structural Member Base Building Elevation I 12'A4ax Optiaml Freeboard Base Flood Elevation t 2' FBC Elevation „i:a,a.nn�.ariada 0' NAVD S The average crest of the dune located within the property limits, measured from north to south on the subject site. Any portion of the structure between the minimum required base flood elevation and the point of the average crest of the dune shall not be included in the height measure of the buildings on the subject site. (Ord. No. 15-18 ,-§2, 6-19-18; Ord. No. 02-19, 4 2, 4-16-19) 374 of 409 PLANNING AND ZONING COMMISS ION/LOCAL PLANNING AGENCY PAGE 7 MINUTES OF NOVEMBER 19, 2020 resolution. Staff also recommends approval of the two requested adju5plients stated on Page 11 of the Staff Report for the temporary allowance of a main public ingress/egress and one emergency exit and for the length oft cul-de-sac on Archie Smith Lane. Mr. Roth called for a motion on this matter. A motion to approver ommendation to City Council of PUD Subdivision Preliminary Development PIanIP t -- Spirit of Sebastian, Pods 1 and 2 -- 77.99 acres, 208 single-family lots -- 2. units per acre -- Old Dixie Highway, Del Monte Road -- LDR Future Land Use (Io -density residential, 5 units per acre) -- PUD-R Zoning District (Planned Unit Devel ment -- Residential) with the 13 conditions for approval and attached as Exhibit , with the amendments as noted to conditions 9, 10, 12 was made by Mr. Alvarez d seconded by Mr. Christino. Roll Call Mr. Hughan -- Yes Ms. Kautenburg (a) -- Yes Mr. Roth -- Yes Mr. Simmons -- Yes Mr. Christino (a) -- Yes Mr. Alvarez -- Yes Mr. Carter -- Yes VotZRotecognized vor. Motion passes. Mr. all the public who commented and the attendance of the supporting teaoper tonight. B. Public Hearing -- Recommendation to City Council -- Ordinance 0-20- 03, Establishing Starting Points for Building Height Measurement -- Amending Land Development Code Section 54-2-5.10(2), Size and Dimension Criteria -- (No Proposed Amendments to Maximum Building Heights) Mr. Anon read the item into the record. Mr. Roth called for staffs presentation. Ms. Bosworth explained that this has come about because there have been some difficulties with some of the properties that are in the City's flood zones based on what is currently in the Code on how building heights are measured and where that starting point is. She reviewed the memo that was attached to this evening's agenda packet. Staff recommends approval, and staff would like to take this to City Council for their first reading of the ordinance at the December 9th meeting with this Commission's recommendation. There being no discussion/comments by the Commissioners, Mr. Roth called on anyone from the public, either in Chambers or via Zoom, who wished to speak on this matter. There was no one. Mr. Roth called for a motion. 375 of 409 PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 8 MINUTES OF NOVEMBER 19, 2020 A motion recommending to City Council to approve Ordinance 0-20-03, establishing starting points for building height measurement amending Land Development Code Section 54-2-5.10(2), size and dimension criteria was made by Mr. Simmons and seconded by Mr. Carter. 0111 W1 1 Mr. Roth -- Yes Mr. Hughan -- Yes Mr. Alvarez -- Yes Mr. Carter -- Yes Mr. Christino (a) -- Yes Ms. Kautenburg (a) -- Yes Mr. Simmons -- Yes Vote was 7-0 in favor. Motion passes. V11. Unfinished Business -- None VIII. Public Inr)ut -- None IX. New Business -- None X. Commissioner Matters Mr. Christino complimented both staff's and Mr. Mechling's preparation and presentation of this project. He asked if the agenda packets could be gotten to the Commissioners a little earlier when there is so much detail to review. Mr. Carter also commented on how many of the developer's team was present for this meeting. XI. Citv Attornev Matters Mr. Anon stated that he has been gone for several months due to a health issue with COVID-19. He was critical fora while but came out of it and feels 100% now. He thanks everyone for their support and allowing him to appear via Zoom. XII. Staff Matters Ms. Bosworth stated that staff is proceeding with the Comprehensive Plan. Tentatively, the transmittal hearing will be December 9th, but on December 2nd there will be a public engagement workshop from 11:00 a.m. to 1:00 p.m. and from 5:00 p.m. to 7:00 p.m. Tables will be set up for each of the elements. Everyone is welcome. There is information on the website regarding this matter. XII1. Adiourn 376 of 409 rnv ": SEBAST_" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: December 9, 2020 AGENDA ITEM TITLE: Review Resolution No. R-20-02 City Council Meeting Procedures RECOMMENDATION: City Council adopt Resolution R-20-34 BACKGROUND: Each year after the seating of newly elected officials, City Council reviews the meeting procedures resolution to determine if any revisions are warranted. In lieu of the fact that the Governor did not extend EO 20-246 pertaining to Local Government Public Meeting, a void exist pertaining to the use of Commercial Media Technology (CMT) and eliminating the need for a physical quorum during a declared emergency. The City Attorney is recommending that City Council considers adding a Section E pertaining to Meetings during a Declared Emergency. The Section addresses quorum and the availability of Commercial Media Technology (CMT). The technology currently exists to conduct public meetings using technology in which the City can comply with the provisions of the Sunshine Law while preserving human safety and life. City Council deems it to be in the best interest of the citizens and residents of the City of Sebastian, to make provision for public meetings by use of such technology by elected and appointed officials during periods when the City Mayor declares a local or public health emergency and determines it is necessary to protect the health and safety of City Officials, City staff, and the public. This is consistent with the City's Charter, Chapter 252, Florida Statutes, Executive Order 20-52 Section 4D, City's home rule authority, Article VIII, Section 2(b), Florida Constitution, and Section 166.021, Florida Statutes. ATTACHMENTS: 1. Resolution No R-20-02 2. Resolution No R-20-34 Repealing Resolution 20-02 IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: Budgeted Amount: NIA Total Cost: NIA Funds to Be Utilized for Appropriation: NIA Administrative Services Depart nt Re City Attorney Review: '_G% Procurement Division Review, if applicable: City Manager Authorization: Date: /)-1A A.61 4'4 377 of 409 RESOLUTION NO. R-20-34-422 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, R—F I_ PING--R-EW)1AITII}N--NO.; -R-I-�1; ESTABLISHING THE DATES AND TIMES FOR CITY COUNCIL MEETINGS AND WORKSHOPS; REVISING START AND END TIME; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR PROCEDURES FOR AGENDA PREPARATION, AGENDA FORMAT, AGENDA MODIFICATIONS, PUBLIC INPUT, PUBLIC HEARINGS, AND i'rvBATIAR TRANSCRIPTS; REPEALING RESOLUTION NO. R- 20-02; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERAB.ILITY; PROVIDING FOR SCRIVENERS ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it to be in the best interest of the citizens of Sebastian to provide clear direction to establish Council meeting times and dates and provide for conduct of City Council meetings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. ROBERTS RULES OF ORDER ADOPTED. The City Council will follow the current edition of Robert's Rules of Order Newly Revised, as anicndt cI, as a general guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of any action taken. SECTION 2. CITY COUNCIL MEETING DATE AND TIME. A. Regular Meetings: Regular Meetings shall be held on the second and fourth Wednesday of each month at 6:00 p.m. and shall adjourn at 9:30 p.m. unless extended for not more than 30 additional nunutes by a majority vote of City Council members present. All unfinished business at adjournment shall be carried to the next Regular City Council meeting unless placed on a special meeting agenda. If a Community Redevelopment Agency Meeting or a Board of Adjustment meeting is needed, those meetings will take place no earlier than 6:00 p.m. on the same night, followed by the City Council meeting at 6:30 p.m. or at the conclusion of the Community Redevelopment Agency or Board of Adjustment meeting. B. Special Meetings: Special meetings may be called in accordance with the Charter and shall begin no earlier than 5:00 p.m. and shall adjourn no later than 10.00 p.m. C. Quasi-iudicial Hearings: Quasi-judicial hearings, when anticipated to be lengthy, may be conducted at special meetings called in accordance with the Charter for such purpose on the first and third Wednesday of the month or may be placed on a regular meeting agenda at the discretion of the City Manager. D. Workshops: Workshops, when necessary, may be held prior to Regular Meetings or on the first and third Wednesdays of the month no earlier than 5:00 p.m. and shall adjourn no later than 10:00 p.m. All unfinished business at adjournment shall be carried to the beginning of the next scheduled workshop. At workshops, matters may be discussed and placed on an appropriate City Council meeting agenda for formal action. Substantive decisions shall not be made at workshops. L Itii�ct ng5_enuring_a.Dcctare.d,_Emergei�ty.;._.0 City Council deems it to he in the best interest _ ._. _._. T of the citizens and residents of the City of Sebastian, to make vrovision for public meetings l)v q.y .o_f 378 of 409 such commercial media technology (CMT) by elected and appointed officials during_times of a declared local or public health enel•_rency. City Council determines it is necessary to _13rc7tc ct tllt_Itealth and sattty of City Officials, City staff, and the public. Further. the Citv Council finds that its attendance IC( Uirenient, for Pug2ose of establishinga quorum. participLating and uotint—, can be satisfied bv_Physical1V bein e ent or in tirnes of an erner )ency, 1) _C'MT attendance. This same linding_gpl�lies to_City Board and Committee ineeti.n Fs and quasi-judicial hearings.ma SECTION 3. THE CHAIR. The Chair may make a motion, second a motion or participate in discussion without relinquishing the chair. Members of Council have the exclusive right to raise questions of procedure or points of order to the Chair and have the Chair rule on the procedure or point of order. Any member of Council may appeal the decision of the Chair to the entire Council, and the result shall be determined by majority vote. SECTION 4. AGENDA SUBMITTAL DEADLINE AND PREPARATION. The City Manager is directed to set agendas for all City Council meetings. Documentation for items on agendas must be submitted to the City Clerk not later than noon on the Thursday preceding the respective meeting to expedite the preparation of agenda packets. SECTIONS. AGENDA MODIFICATION. City Council, by a unanimous vote of its members present, may modify the agenda to add an additional agenda item. In such event, an individual who wishes to address City Council with respect to the new agenda item, shall be afforded a reasonable opportunity to address City Council on such new agenda item. SECTION 6. AGENDA FORMAT AND GUIDELINES FOR REGULAR MEETINGS. The general format and guidelines for Regular City Council meeting agendas shall be in the form attached hereto as Exhibit "A". However, Council may change the order of agenda headings by majority vote. SECTION 7. ORDER FOR PUBLIC HEARINGS (OTHER THAN QUASI-JUDICIAL) BEFORE CITY COUNCIL. The order for public hearings (other than quasi-judicial*) before City Council is as follows: A. Order of Business: 1. Chair shall announce the opening of the public hearing. 2. Where applicable, City Attorney shall read the Ordinance or Resolution by title unless applicable law requires more than the title be read. 3. Chair, if appropriate, shall announce the rules that apply to the hearing. 4. Applicant presentation, if appropriate. 5. City staff shall make a presentation, comments and preliminary recommendation, if any. 6. Public input. 7. City staff final comments and recommendation, if any. 8. Chair closes hearing. 9. Council Deliberation and Action B. Continuance of Public Heariniz. City Council may continue a public hearing unless a continuance would violate applicable law. A public hearing may be continued to a timc certain stated in the record, or a continuance may be indefinite, in which case it shall be re -noticed. City Council may defer action on a matter and continue the public hearing for receipt of written comments on the matter. C. Deferrinu Decision on Merits. City Council may defer action on the merits of any matter. SECTION 8. PROCEDURES FOR PUBLIC INPUT. A. Where Permitted on Council Meeting Avendas. 379 of 409 1. Regular Meetings. Public input is allowed under Consent Agenda, Public Hearings, Unfinished Business, New Business, and Public Input. Public input is not allowed under the headings of Proclamations, Awards, Brief Announcements (except _for individuals giving or accepting proclamations or awards); Conirnittee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); and City Council or Charter Officer Matters. Council may, by majority vote, call upon an individual to provide input, if desired. 2. Workshops and Snecial Meetings. At workshops and special meetings, public input is limited to the item on the agenda. B. Procedures for All Public Input. 1. Time Limit. Individuals who wish to address the City Council on any agenda items where public input is permitted on agendas are allowed three (3) ( minutes to speak on that item; however, City Council may extend or terminate an individual's time by majority vote of Council members present. 2. 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 call upon an individual to provide additional input, if desired. 3. Certain Remarks Prohibited. Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in sanctions imposed by the Chair. including expulsion from the meeting. Decisions by the Chair may be appealed in accordance with Section 3 above. C. 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. SECTION 9. RI,k.TI-M--TRANSCRIPTS OF CITY COUNCIL MEETINGS. The City Clerk is not required to prepare verbatim transcripts of all or any portion of City Council meetings unless City Council, by majority vote, directs such transcripts. SECTION 10. RULES AS GUIDELINES. It is intended that the rules set forth in this Resolution provide a guideline for the effective operation of the business meetings of City Council, and no rights are bestowed upon any parties by the adoption of these rules or by the City Council's failure to act in accordance with them. A. Suspension of Rules. Any provisions of this Resolution, in whole or part, may be suspended by the affirmative vote of at least three Council members. B. Failure to Follow Rules. If City Council fails to abide by any provision of this Resolution., such failure shall not invalidate action taken by City Council or staff. 380 of 409 SECTION It. REPEAL. This resolution repeals RcsolLltion R-20-021 in its entirety. SECTION 121:. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed.; i +c4llesolw;an No R 15 , n SECTION 13. SEVI RA.BR,ITY. The n.rovisio.cls of this Ordinance are intended to he scycrable. if any pro-Js on of this Ordinance is determined to be void or is declared idle< -al, iwiaiid, or unconstitutional by a Court of competent jurisdiction, the renktinder of this Ordinance shall remain in full force and effect. - SECTION 14. SCRIVENER'S ERRORS, Sections ofthis Ordinance may be re«urnbered or re -lettered and corrections of tyj)ographical en -ors which clo not affect the intent may be authorized by tlt=�- C i_#.,'...iklan wer or tlie, C.tt}._I�!�trnager'ti_desiggfc ,Eyitl�c�t�t �7eecl_c�F.pu_[�.I�c h_��j_rin.g.. Fs ._:l"�.l,i;ng_a correctcd car re- codified copy of same with the City Clerk. SECTION 125. EFFECTIVE DATE. This Resolution shall take effect upon its adoption. The foregoing Resolution was passed for adoption by Council Member , was seconded by Council Member , and upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice Mayor Jinn Hill Curds 1?at.i Council Member Fred Jones Daffk- illiamst Council Member Bob McPartland jim Hill Council Member Christopher Nunn Paffi 1*1'aF9-s The Mayor thereupon declared this Resolution duly passed and adopted this day of 2020. CITY OF SEBASTIAN, FLORIDA M ATTEST: Jeanette Williams, MMC City Clerk Approved as to Forn1 and Content for Reliance by the City of Sebastian Only: Mann Anon, Jr. e� , City Attorney A - Ed Dodd, Mayor 381 of 400 EXHIBIT "A" SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA FORMAT AND GUIDELINES ** 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4, ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members. Deletions do not apply. 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS This item is for presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 7. PUBLIC INPUT Public Input is three .Q). j minutes, however, it can be extended or terminated by a majority vote of Council members present 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of 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 Iris/her hand to be recognized. 9. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 10. PUBLIC HEARINGS*. Procedures.for Public Hearings_ Chair announces opening of the hearing City Attorney reads title Chair announces rules that apply to the hearing Applicant presentation Staff presentation, comments and preliminary recommendation Public input. Stafffinal comments and recommendation Chair closes hearing Council Deliberation and Action 11, UNFINISHED BUSINESS 12. NEW BUSINESS 13. CITY ATTORNEY MATTERS No public input under this heading 14. CITY MANAGER MATTERS No public input under this heading 15. CITY CLERK MATTERS No public input under this heading 16, CITY COUNCIL MATTERS No public input under this heading 17, ADJOURN (All meetings shall adjourn at 9: 30 pm unless extended. for up to one half hour by a majority vote of City Council) 4` )uasi Judicial Hearin; «s ,shall bz c°onclucted ira crc'C'ol'clLinCe t1.itlr Rest3luircJrl lt)-_i�t, cr.5� amended crud the Cily Attorney's December. 9, 2020 Oua.si-Judicial Hearing hfemorandum. *.*Any provisions of this Resolution may be suspended by the affirmative vote of at least three Council members. 382 of 4095 RESOLUTION NO, R-20-34 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE DATES AND TIMES FOR CITY COUNCIL MEETINGS AND WORKSHOPS; REVISING START AND END TIME; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR PROCEDURES FOR AGENDA PREPARATION, AGENDA FORMAT, AGENDA MODIFICATIONS, PUBLIC INPUT, PUBLIC HEARINGS, AND TRANSCRIPTS; REPEALING RESOLUTION NO. R-20-02; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENERS ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it to be in the best interest of the citizens of Sebastian to provide clear direction to establish Council meeting times and dates and provide for conduct of City Council meetings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. ROBERTS RULES OF ORDER ADOPTED. The City Council will follow the current edition of Robert's Rules of Order Newly Revised, as amended, as a general guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of any action taken. SECTION 2. CITY COUNCIL MEETING DATE AND TIME. A. Regular Meetings: Regular Meetings shall be held on the second and fourth Wednesday of each month at 6:00 p.m. and shall adjourn at 9:30 p.m. unless extended for not more than 30 additional minutes by a majority vote of City Council members present. All unfinished business at adjournment shall be carried to the next Regular City Council meeting unless placed on a special meeting agenda. If a Community Redevelopment Agency Meeting or a Board of Adjustment meeting is needed, those meetings will take place no earlier than 6:00 p.m. on the same night, followed by the City Council meeting at 6:30 p.m. or at the conclusion of the Community Redevelopment Agency or Board of Adjustment meeting. B. Special Meetings: Special meetings may be called in accordance with the Charter and shall begin no earlier than 5:00 p.m. and shall adjourn no later than 10:00 p.m. C. Quasi-iudicial Hearings: Quasi-judicial hearings, when anticipated to be lengthy, may be conducted at special meetings called in accordance with the Charter for such purpose on the first and third Wednesday of the month or may be placed on a regular meeting agenda at the discretion of the City Manager. D. Workshops: Workshops, when necessary, may be held prior to Regular Meetings or on the first and third Wednesdays of the month no earlier than 5:00 p.m. and shall adjourn no later than 10:00 p.m. All unfinished business at adjournment shall be carried to the beginning of the next scheduled workshop. At workshops, matters may be discussed and placed on an appropriate City Council meeting agenda for formal action. Substantive decisions shall not be made at workshops. E. Meetings during a Declared Emergency: City Council deems it to be in the best interest of the citizens and residents of the City of Sebastian, to make provision for public meetings by use of 383 of 409 such commercial media technology (CMT) by elected and appointed officials during times of a declared local or public health emergency. City Council determines it is necessary to protect the health and safety of City Officials, City staff, and the public. Further, the City Council finds that its attendance requirement for purpose of establishing a quorum, participating and voting can be satisfied by physically being present or in times of an emergency, by CMT attendance. This same finding applies to City Board and Committee meetings and quasi-judicial hearings. SECTION 3. THE CHAIR. The Chair may make a motion, second a motion or participate in discussion without relinquishing the chair. Members of Council have the exclusive right to raise questions of procedure or points of order to the Chair and have the Chair rule on the procedure or point of order. Any member of Council may appeal the decision of the Chair to the entire Council, and the result shall be determined by majority vote. SECTION 4. AGENDA SUBMITTAL DEADLINE AND PREPARATION. The City Manager is directed to set agendas for all City Council meetings. Documentation for items on agendas must be submitted to the City Clerk not later than noon on the Thursday preceding the respective meeting to expedite the preparation of agenda packets. SECTION 5. AGENDA MODIFICATION. City Council, by a unanimous vote of its members present, may modify the agenda to add an additional agenda item. In such event, an individual who wishes to address City Council with respect to the new agenda item, shall be afforded a reasonable opportunity to address City Council on such new agenda item. SECTION 6. AGENDA FORMAT AND GUIDELINES FOR REGULAR MEETINGS. The general format and guidelines for Regular City Council meeting agendas shall be in the form attached hereto as Exhibit "A". However, Council may change the order of agenda headings by majority vote. SECTION 7, ORDER FOR PUBLIC HEARINGS (OTHER THAN QUASI-JUDICIAL) BEFORE CITY COUNCIL. The order for public hearings (other than quasi-judicial*) before City Council is as follows: A. Order of Business: 1. Chair shall announce the opening of the public hearing. 2. Where applicable, City Attorney shall read the Ordinance or Resolution by title unless applicable law requires more than the title be read. 3. Chair, if appropriate, shall announce the rules that apply to the hearing. 4. Applicant presentation, if appropriate. 5. City staff shall make a presentation, comments and preliminary recommendation, if any. 6. Public input. 7. City staff final comments and recommendation, if any. 8. Chair closes hearing. 9. Council Deliberation and Action B. Continuance of Public HearinLy. City Council may continue a public hearing unless a continuance would violate applicable law. A public hearing may be continued to a time certain stated in the record, or a continuance may be indefinite, in which case it shall be re -noticed. City Council may defer action on a matter and continue the public hearing for receipt of written comments on the matter. C. Deferring Decision on Merits. City Council may defer action on the merits of any matter. 2 i:� Wo SECTION S. PROCEDURES FOR PUBLIC INPUT. A. Where Permitted on Council Meeting Aizendas. 1. Regular Meetings. Public input is allowed under Consent Agenda, Public Hearings, Unfinished Business, New Business, and Public Input. Public input is not allowed under the headings of 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); and City Council or Charter Officer Matters. Council may, by majority vote, call upon an individual to provide input, if desired. 2. Workshops and Special Meetings. At workshops and special meetings, public input is limited to the item on the agenda. B. Procedures for All Public Input. 1. Time Limit. Individuals who wish to address the City Council on any agenda items where public input is permitted on agendas are allowed three (3) minutes to speak on that item; however, City Council may extend or terminate an individual's time by majority vote of Council members present. 2. 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 call upon an individual to provide additional input, if desired. 3. Certain Remarks Prohibited. Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in sanctions imposed by the Chair, including expulsion from the meeting. Decisions by the Chair may be appealed in accordance with Section 3 above. C. Public Input. The heading on Regular Meeting agendas "Public Input" provides in 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. SECTION 9. TRANSCRIPTS OF CITY COUNCIL MEETINGS. The City Cleric is not required to prepare verbatim transcripts of all or any portion of City Council meetings unless City Council, by majority vote, directs such transcripts. SECTION 10. RULES AS GUIDELINES. It is intended that the rules set forth in this Resolution provide a guideline for the effective operation of the business meetings of City Council, and no rights are bestowed upon any parties by the adoption of these rules or by the City Council's failure to act in accordance with them. A. Suspension of Rules. Any provisions of this Resolution, in whole or part, may be suspended by the affirmative vote of at least three Council members. 3 385 of 409 B. Failure to Follow Rules. If City Council fails to abide by any provision of this Resolution, such failure shall not invalidate action taken by City Council or staff. SECTION 11. REPEAL, This Resolution reveals Resolution R-20-02 in its entirety. SECTION 12. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 13. SEVERABILITY. The provisions of this Ordinance are intended to be severable. If any provision of this Ordinance is determined to be void or is declared illegal, invalid, or unconstitutional by a Court of competent jurisdiction, the remainder of this Ordinance shall remain in full force and effect. SECTION 14. SCRIVENER'S ERRORS. Sections of this Ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re - codified copy of same with the City Clerk. SECTION 15. EFFECTIVE DATE. This Resolution shall take effect upon its adoption. The foregoing Resolution was passed for adoption by Council Member , was seconded by Council Member , and upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice Mayor Jim Hill Council Member Fred Jones Council Member Bob McPartland Council Member Christopher Nunn The Mayor thereupon declared this Resolution duly passed and adopted this day of 2020. ATTEST: JEANETTE WILLIAMS, MMC City Clerk Approved as to Fonn and Content for Reliance by the City of Sebastian Only: MANNY ANON, JR., City Attorney 0 CITY OF SEBASTIAN, FLORIDA LON ED DODD, Mayor 386 of 409 EXHIBIT "A" SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA FORMAT AND GUIDELINES * 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members. Deletions do not apply. 6. PROCLAMATIONS, AWARDS. BRIEF ANNOUNCEMENTS This item is for presentations ofproclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 7. PUBLIC INPUT Public Input is three (3) minutes, however, it can be extended or terminated by a majority vote of Council members present 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of 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, helshe 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. 9. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Members regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 10. PUBLIC HEARINGS" Procedures for Public Hearings: Chair announces opening of the hearing City Attorney reads title Chair announces rules that apply to the hearing Applicant presentation Staffpresentation, comments and preliminary recommendation Public input. Stafffinal comments and recommendation Chair closes hearing Council Deliberation and Action 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13, CITY ATTORNEY MATTERS No public input under this heading 14. CITY MANAGER MATTERS No public input, under this heading 15. CITY CLERK MATTERS No public input under this heading 16. CITY COUNCIL MATTERS No public input under this heading 17. ADJOURN (All meetings shall adjourn at 9: 30 pm unless extended.for up to one half hour by a majority vote of City Council) "Quasi -Judicial Hearings shall be conducted in accordance with Resolution 20-35, as amended and the City Attorney's December 9, 2020 Quasi -Judicial Hearing Memorandum. *Any provisions of this Resolution may be suspended by the affirmative vote of at least three Council members. 5 387 of 409 CD OF SIEBASTL HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: December 9, 2020 AGENDA ITEM TITLE: Review Resolution No. R-99-12 City Council Quasi -Judicial Hearing Procedures RECOMMENDATION: City Council adopt Resolution R-20-35 BACKGROUND: The City Council recognizes that certain decisions of the City Council and/or City Boards are quasi-judicial in nature and, in such matters, it may be a fundamental requirement that parties and interested persons in relation to such quasi-judicial proceedings be given an opportunity to be heard in an equitable and efficient manner and otherwise be afforded procedural due process. Thus, City Council must determine if it necessary to revise more exacting provisions in relation to quasi-judicial proceedings and repeal written quasi-judicial procedures in Resolution No 99-12. The City Attorney is recommending that City Council considers repealing Resolution No. R-99-12 in order that the quasi-judicial procedures, as adopted, comply with Florida Statutes Section 286.0115 authorizing a local government to adopt quasi-judicial procedures by ordinance or resolution thereby removing the presumption of prejudice from ex-parte communications with local public officials during the conduct of quasi-judicial hearings; provide notice and guidance to all participants and the public who appear before the City Council or other City Board that the conduct of meetings wherein quasi-judicial decisions are required shall be governed by the quasi-judicial procedures set forth herein; and ensure that participants in a quasi-judicial proceeding, and the public, are provided with reasonable opportunities to be heard in a public hearing forum consistent and provides due process to all participants. ATTACHMENTS: 1. Resolution No R-99-12 2. Resolution No R-20-35 Repealing Resolution No R-99-12 3. City Attorney's December 9, 2020 Quasi -Judicial Memorandum IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: Budgeted Amount: NIA Total Cost: NIA Funds to Be Utilized for Appropriation: NIA Administrative Services Departm t Revie City Attorney Review: Procurement Division eview, if applical le: City Manager Authorization: Date: WIT-3 on 101• RESOLUTION NO. R-20- A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, D A4MNC REPEALING RESOLUTION NO 99- I2, AND REESTABLISHING PROCEDURES FOR QUASI-JUDICIAL HEARINGS; DETERMINING APPLICABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERROR, AND PROVIDING FOR EFFECTIVE DATE. auuraur ac the City in :hc pUnlie iimeff -,* to reyise the pr-oeedurvs employ,xl in the eonduei ,,,- quasi diei,, , eat-ings , any „tteF in '&hi.�l tile GpElneil OF other WHEREAS the City Council of the_C its' €its Sebastiani.-tJorida, recognizes that certain decisions of the City Council and/or City Boards are guasi-judickrl in mature and, in such matters; it may be a ffindtamental requirement that parties and interested persons in relation to such quasi- udicialmrau,edina s be given anoppoi1unitv._to be heard.i --n- terra equitable and efficient manner and other ise be afi#i)rded procedural due procctis; and WHEREAS. the Citv Council determincd it necessary to revise rnore exacting provisions in relation to quasi-judicial proceedinws and repeal written quasi-iijciicial procedures in Resolution No 99-12 ensuring that participarats in a quasi-judicial proceeding, and the public;, are vrovided with reasonable opftortunities to he_laeai'd in a g.ublic lititn e i{)rui a that is . redictable, consistent and rovides due process to all participants; and WHEREAS, it is the intent of the City Ccrurtcil to repeal the quasi-judicial procedures as adopted and established by Resolution No 99-12, and that they comply with Florida Statutes Section _1_86.(l 1-...1, 5.authorizinil a local l;c>r cniment to adoryt_QUa,4;i-iudicial prcu_c.durc s try ordin�apc e or resolution thereby removing the WKe I .aa.pti.ota of nrciudice .Horan ex -parts communications with local public officials durin17 the conduct o__i quasi-judicial hearin17s conducted its compliance with the procedures as adopted by City Council, and. WHEREAS, these quasi-judicial ,procedures as set forth herein, are designed to provide notice and guidance to all Participants and the public who appear betbr'e the City COLn1CiI or other City Board, as shell hoard may be c:stablisht d by the City Charter and..or the. City, of_Seb-cistiati Code of Ordinances inances that the conduct _of ineetings wherein quasi judicial decisions �!I- required shall be gejKert.a.ed bye quasi-judicial proceedings set forth herein. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: SECTION 1. CONDUCT OF HEARINGS. The City Council of the City of Sebastian recognizes the need to observe fundamental due process in the determination of all quasi-judicial matters. In furtherance of this obligation, the following a tii' ,, Qgas.i-,tudicial Procedures are to beWsu a -may adhered to in the conduct of such hearings: A. Swearing of witnesses. Any person presenting factual infonnation to the Tf44-City Council during the hearing shall be sworn. The administration of the oath or 389 of 409 or affirmation shall be done by the Clerk of the 4�T'k;alCity Council on the record at the time the person comes to the podium_ car ati �i i;ri>up.l _eiiitt ,the _hearing u�tices. Il tlic Clerk it", not available, the. City Altos iu,y can admini5tei_ theoath. Citizens wishing to merely express an opinion in favor or opposition to the matter at hand, and agents of the applicant (such as an attorney) merely advocating the applicant's position, need not be sworn. B. Admissibility of Evidence. The City Attorney, upon an objection raised or upon his own accord, shall determine if any evidence sought to be presented is inadmissible. This determination may be over -ruled by a majority of the Ttillunal City Council or the Board upon a motion by any member_thereo£ Otherwise, the Mayor or Chair "r - Ti-ibtai--shall for the record receive any evidence. presented and the same shall be maintained in the custody of the City Clerk. C. Time Limitations, The traditional practices of the Mayor or Chair in presiding over the smooth conduct of the hearing, encouraging precise and relevant presentations, shall provide guidance as to limitations on the length of presentations and the redundancy of witnesses. However, as appropriate, the TM-+kFl ,1-City Council or Board, by majority vote, may set limits on the length of presentations and the number of witnesses on a case -by -case basis. D. Competent Substantial Evidence. In deciding whether the application doe: or cities not meet the standards, the City Courieil or_ Board must base its. decision On whit is known as c> idence." Substantial evidence is such evidence ihaE a titct at issue_can reasonably be inferred from, Competent evidence means let,ally sufficient evidence. Competent substantial evidence should be bgs,ed in_.fact, .he reliable and te_ild._,to��c�v_c._.a._point_ such that a reasonable would accept it as sufficient.._ to ,support the conclusion reached. Competent substantial evidence should- not be succulatiye, hypothetical or conjecture. ,_I>'ist"cad, it must be relevant, material and within lie port iew_i�l_kn€itv led c cif the witness o#tering,.the evidence. I: The Applicability of the I.arti. (u si l.ic.li itti i)roceedinus involve the 'Application cif establll_ished st_andards,...r)oli.cv,€�r lows.tc� indivtdual facts set forth itl_�tri_.3l�plic:'ition. For this season, when deciding a quasi-judicial matter, the City Council or Board is restrained to consider and apply the criteria set forth in (lie applicable Code section at issue. For exairiplc, €f t_hG City Cogncil._.or _Board are consideripg_a variance it is limited to apply,ini! the competent substantial evidence to the factors outlined in section 54-1-2.5 c 2 of tt (:ixie or as amended. F. Due Process. A party to a Quasi -Judicial -Rearing should be providcd procedural due process, which consists of providing reasonabte notice of the hearing; an opportunity to be licard at the lienring: present evidence it the hearing,: and aq._0P 3or� tun ty to cr€ ss-ex mine witnesses. - I�.(i. Disclosure Ex-Parte Communication. At the time the Mavo_r_or Chair �ir".'�opens the hearing, members of the 'T'i• ;--Cit�Cc�tincil or Board shall disclose ex-parte communications in accordance with_law._Aii...,Y r'c ao€ arriimic.ition is ariy eonimui ie:ation, oral or written. -between members serving on the City Council or Board and the public, other than those made on the record at the public licarii>g� l:tl Order of Presentation. After the Presiding Officer opens the hearing, the -matter shall proceed in the following order: 1. Mayor or Ciaii- opens the Quasi -Judicial Hearing,, 390 of 409 2. The Citv Attorney reads the, Resolr_ttion '1"itle, 7. The Cim, Council_ or_Board .Me€nbers disclose c -114, communication; 4._ The City Clerk swears in all. who intend to provide testimony. If unavailable, the City Nttorr�cy_ will administer the oath; -- I ...,.The applicant or his agent shall make a presentation in favor of the request; c;.6. The staff shall present its findings and analysis; ?:7. The Usn€F-Ci(y {'QUIacil or Board_shall ask questions of the applicant and staff as it sees fit; 4X The flaai- Mayor or El i-Chair shall be-apened oven the floor to anyone in favor of the request who wishes to speak or ask questions; ?:,). The #looMayor or Chair shall be epened-o en the floor to anyone opposed to the request who wishes to speak or ask questions; (,, I._0___....... The applicant is provided an opportunity to respond to any of the issues raised by staff or the public; -). I I . Staff is provided an opportunity to summarize its position; 1K:1 2. The 44� , :;ity Council or Board deliberates the request, asking such -- ........... questions as it sees fit; and 13. The klavor or ChairW•-siditig 044-r- calls for'hen eR'e '"���: a motion, and Q.14. T4he City Council or Board takes actic�tlT ate. SECTION 2. REPEAL. This Resolution reveals Resolution R-99-1.2 in its entirety. SECTION 23. APPLICATION, Due to the evolving nature of this area of the law, these procedures shall be utilized in the conduct of hearings on matters that are determined to be quasi-judicial under the laws of the State of Florida. SECTION -34. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION S. SEVERABIL1'I'lr'. 1,be t)r()Visio€ts ofthis Resolution Lire intended to be severable. Ifany ]y I)rC3vision of this R.cs{glut€€gin is determined to be void or is declared illegal, invalid, or unconstitutional by a Court of competent jw-isdictio€n the remainder ofthis Resolution shell remain in full force and effect, SECTION 5. SCRIVENER'S ERRORS. Sections of' this Resolution may he renumbered or re -lettered and corrections of typographical errors which do not a f tec_t_the intent may be authorized by the City! Manager, or the Citv Managrer's designee. WithOUI need of Aril}lic hesidn ._hy ttling �) cortc,ded or_re-codilied_Coj y" cPf saIPW c€th thr Qity Qe,rk_ SECTION 47. EFFECTIVE DATE. This resolution shall take effect i€ru-nediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice -mayor Jim Hill Councilmember Fred Jones Councilmember Christopher Nunn 391 of 409 Councilmember Bob McPartland The Mayor there upon declared this Resolution duly passed and adopted this day of December, 2020, CITY OF SEBASTIAN, FLORIDA ATTEST: RM Jeanette Williams, MMC, City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Manny Anon Jr., City Attorney Mayor Ed Dodd 392 of 409 RESOLUTION NO. R-20-35 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-99-12, AND REESTABLISHING PROCEDURES FOR QUASI-JUDICIAL HEARINGS; DETERMINING APPLICABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, recognizes that certain decisions of the City Council and/or City Boards are quasi-judicial in nature and, in such matters, it may be a fundamental requirement that parties and interested persons in relation to such quasi- judicial proceedings be given an opportunity to be heard in an equitable and efficient manner and otherwise be afforded procedural due process; and WHEREAS, the City Council has determined it necessary to revise more exacting provisions in relation to quasi-judicial proceedings and repeal written quasi-judicial procedures in Resolution No 99-12 ensuring that participants in a quasi-judicial proceeding, and the public, are provided with reasonable opportunities to be heard in a public hearing forum that is predictable, consistent and provides due process to all participants; and WHEREAS, it is the intent of the City Council to repeal the quasi-judicial procedures as adopted and established by Resolution No 99-12, and that they comply with Florida Statutes Section 286.01 15 authorizing a local govermnent to adopt quasi-judicial procedures by ordinance or resolution thereby removing the presumption of prejudice from ex-parte communications with local public officials during the conduct of quasi-judicial hearings conducted in compliance with the procedures as adopted by City Council; and WHEREAS, these quasi-judicial procedures as set forth herein, are designed to provide notice and guidance to all participants and the public who appear before the City Council or other City Board, as such board may be established by the City Charter and/or the City of Sebastian Code of Ordinances, that the conduct of meetings wherein quasi-judicial decisions are required shall be governed by the quasi-judicial proceedings set forth herein. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: SECTION 1. CONDUCT OF HEARINGS. The City Council of the City of Sebastian recognizes the need to observe fundamental due process in the determination of all quasi-judicial matters. In furtherance of this obligation, the following Quasi -Judicial Procedures are to be adhered to in the conduct of such hearings: A. Swearing of witnesses. Any person presenting factual information to the City Council or Board during the hearing shall be sworn. The administration of the oath or affirmation shall be done by the Clerk of the City Council on the record at the time the person comes to the podium or as a group before the hearing commences. If the Clerk is not available, the City Attorney can administer the oath. Citizens wishing to merely express an opinion in favor or opposition to the matter at hand, and agents of the applicant (such as an attorney) merely 393 of 409 advocating the applicant's position, need not be sworn. B. Admissibility of Evidence. The City Attorney, upon an objection raised or upon his own accord, shall determine if any evidence sought to be presented is inadmissible. This determination may be over -ruled by a majority of the City Council or the Board upon a motion by any member thereof. Otherwise, the Mayor or Chair shall for the record receive any evidence presented and the same shall be maintained in the custody of the City Clerk. C. Time Limitations. The traditional practices of the Mayor or Chair in presiding over the smooth conduct of the hearing, encouraging precise and relevant presentations, shall provide guidance as to limitations on the length of presentations and the redundancy of witnesses. However, as appropriate, the City Council or Board, by majority vote, may set limits on the length of presentations and the number of witnesses on a case -by -case basis. D. Competent Substantial Evidence. In deciding whether the application does or does not meet the standards, the City Council or Board must base its decision on what is known as "competent substantial evidence." Substantial evidence is such evidence that a fact at issue can reasonably be inferred from. Competent evidence means legally sufficient evidence. Competent substantial evidence should be based in fact, be reliable and tend to prove a point such that a reasonable mind would accent it as sufficient to support the conclusion reached. Competent substantial evidence should not be speculative, hypothetical or conjecture. Instead, it must be relevant, material and within the purview of knowledge of the witness offering the evidence. E. The Avulicability of the Law. Quasi-judicial proceedings involve the application of established standards, policy or laws to individual facts set forth in an application. For this reason, when deciding a quasi-judicial matter, the City Council or Board is restrained to consider and apply the criteria set forth in the applicable Code section at issue. For example, if the City Council or Board are considering a variance, it is limited to applying the competent substantial evidence to the factors outlined in section 54-1-2.5 (c) (2) of the Code or as amended. F. Due Process. A party to a Quasi -Judicial Hearing should be provided procedural due process, which consists of providing reasonable notice of the hearing; an opportunity to be heard at the hearing; present evidence at the hearing; and an opportunity to cross-examine witnesses. G. Ex-Parte Communication. At the time the Mayor or Chair opens the hearing, members of the City Council or Board shall disclose ex-parte communications in accordance with law. An ex parte communication is any communication, oral or written, between members serving on the City Council or Board and the public, other than those made on the record at the public hearing. H. Order of Presentation. After the Presiding Officer opens the hearing, the matter shall proceed in the following order: 1. Mayor or Chair opens the Quasi -Judicial Hearing; 2. The City Attorney reads the Resolution Title; 3. The City Council or Board Members disclose ex-parte communication; 4. The City Clerk swears in all who intend to provide testimony. If unavailable, the City Attorney will administer the oath; 5. The applicant or his agent shall make a presentation in favor of the request; 394 of 409 2 6. The staff shall present its findings and analysis; 7. The City Council or Board shall ask questions of the applicant and staff as it sees fit; S. The Mayor or Chair shall open the floor to anyone in favor of the request who wishes to speak or ask questions; 9. The Mayor or Chair shall open the floor to anyone opposed to the request who wishes to speak or ask questions; 10. The applicant is provided an opportunity to respond to any of the issues raised by staff or the public; 11. Staff is provided an opportunity to summarize its position; 12. The City Council or Board deliberates the request, asking such questions as it sees fit; and 13. The Mayor or Chair calls for a motion; and 14. The City Council or Board takes action. SECTION 2. REPEAL. This Resolution repeals Resolution R-99-12 in its entirety. SECTION 3. APPLICATION. Due to the evolving nature of this area of the law, these procedures shall be utilized in the conduct of hearings on matters that are determined to be quasi- judicial under the laws of the State of Florida. SECTION 4. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION S. SEVERABILITY. The provisions of this Resolution are intended to be severable. If any provision of this Resolution is determined to be void or is declared illegal, invalid, or unconstitutional by a Court of competent jurisdiction, the remainder of this Resolution shall remain in full force and effect. SECTION 6. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. SECTION 7. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice -mayor Jim Hill Councilmember Fred Jones Councilmember Christopher Nunn Councilmember Bob McPartland 395 of 409 The Mayor there upon declared this Resolution duly passed and adopted this 9th day of December, 2020. ATTEST: JEANETTE WILLIAMS, MMC, City Clerk Approved as to form and legality for reliance by the City of Sebastian only: MANNY ANON JR., City Attorney CITY OF SEBASTIAN, FLORIDA ED DODD, Mayor 396 of 409 4 CM C( SIE13ASTI_N Manny Anon, Jr. --- - - City Attorney HOME OF PELICAN ISLAND 1225 Main Street I Sebastian, Florida 32958 Tel. (772) 388-8201 1 email: manon@cifyofsebastian.org To: City of Sebastian Council Member and Appointed Board Members From: Manny Anon, Jr., City Attorney Date: December 9, 2020 Subject: Quasi -Judicial Hearings This Memorandum is intended to provide Board Members with an explanation of quasi-judicial hearings. if you have any questions, or would like to discuss quasi-judicial matters in more detail individually, please contact me directly to schedule a meeting. 1. Why Do We Have Procedures? Quasi-judicial procedures are designed to provide notice and guidance to all parties (and the public) who appear before the City Council or other City Boards (like the Planning and Zoning Board), that meetings wherein quasi-judicial decisions are required will be governed by predictable and consistent rules. This ensures that all parties and interested persons are given an opportunity to be heard in an equitable and efficient manner. 2. Overview of Quasi -Judicial Bearings At a Quasi -Judicial Hearing, the Board, acting like a judge, applies existing policv or law to a set of facts to determine the outcome. For example, at a quasi-judicial hearing on a variance application, the Board should apply the City's current policy or code on variances to the specific variance application at issue and determine whether the application meets the requirements outlined in the existing variance policy or code. Notably, in a Quasi -Judicial Hearing, the question is whether the application at issue complies with existing requirements, not whether the Board likes the project proposed in the application. Members of the Board must go into the quasi-judicial hearing with an open mind and base their decisions on the comp_ etent substantial evidence and the law presented at the hearing. 3. Due Process Generally, a party to a Quasi -Judicial Hearing should be provided procedural due process, which consists of 1. Provide notice of the hearing; 2. Opportunity to be heard at the hearing; 3. Present evidence at the hearing; and 4. Opportunity to cross-examine witnesses. The breadth of procedural due process varies depending on the nature of the proceeding and interests involved. Quasi-judicial hearings require procedural due process; however, the procedural due process requirements for a quasi-judicial hearing are less stringent than a judicial hearing. 397 of 409 Manny Anon, Jr., City Attorney Re: Quasi -Judicial Hearings 09 December 2020 Page 2 of 4 4. Competent Substantial Evidence In deciding whether the application does or does not meet the standards, the Board must base its decision on what is known as "competent substantial evidence." Substantial evidence is such evidence that a fact at issue can reasonably be inferred from. Competent evidence means legally sufficient evidence. In a Quasi -Judicial hearing, the applicant has the initial burden to prove that its application meets the applicable standards by competent substantial evidence. If the applicant meets its initial burden, the burden shifts to those opposing the application to provide competent substantial evidence that the application does not meet the standards. In any instance, the Board's ultimate decision must be Supported by competent substantial evidence presented at the uuasi- iudicial hearina. Competent substantial evidence should be based in fact, be reliable and tend to prove a point such that a reasonable mind would accept it as sufficient to support the conclusion reached. Competent substantial evidence should not be speculative, hvpothetical or coniecture. Instead, it must be relevant, material and within the purview of knowledue of the witness offering the evidence. Typically, professional planning staff and non -staff professionals' opinions and comments constitute competent substantial evidence. Lay testimony from everyday citizens may be considered competent substantial evidence depending on the circumstances. For example, the opinion of non -experts on a highly technical or scientific matter would probably not constitute competent substantial evidence. However, fact -based testimony from a lay person that does not require scientific or technical expertise likely would. Also, argument of attorneys who represents the parties at the hearings does not constitute evidence. 5. The Law Presented at the Quasi -Judicial Hearing Quasi-judicial proceedings involve the application of established standards, policy or laws to individual facts set forth in an application. For this reason, when deciding a quasi-judicial matter, the Board is restrained to consider the criteria set forth in the applicable Code section at issue. For example, if the Board is considering a variance, it is limited to applying the competent substantial evidence to the factors outlined in section 54-1-2.5 (c) (2) of the Code, which reads as follows: 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. b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. 398 of 409 Manny Anon, Jr., City Attorney Re: Quasi -Judicial Hearings 09 December 2020 Page 3 of 4 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. 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. 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. f. 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. g. Conditions and safeauards 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. 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. 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. See Section 54-1-2.1 General Procedure for legislative and Quasi Judicial Action attached as Exhibit "A". A Board decision based on a factor not specifically outlined in section 54-1-2.5 (c) (2) would he improper. 6. Ex Parte Communications An ex parte communication is any communication, oral or written, between members serving on the Board and the public, other than those made on the record at the public bearing. Pursuant to section 286.0115 (1)(a), "a county or municipality may adopt an ordinance or resolution removing the presumption of prejudice from ex parte communications with local public officials by establishing a process to disclose ex parte communications with such officials pursuant to this subsection or by adopting an alternative process for such disclosure." See Section 286.0115, Florida Statue attached as Exhibit "B". lAW 286.0115 (c), "if adopted by 399 of 409 Manny Anon, Jr., City Attorney Re: Quasi -Judicial Hearings 09 December 2020 Page 4of4 county or municipal ordinance or resolution, adherence to the following procedures shall remove the presumption of prejudice arising from ex parte communications with local public officials. a. The substance of any ex parte communication with a local public official which relates to quasi-judicial action pending before the official is not presumed prejudicial to the action if the subject of the communication and the identity of the person, group, or entity with whom the communication took place is disclosed and made a part of the record before final action on the matter. b. A local public official may read a written communication from any person. However, a written communication that relates to quasi-judicial action pending before a local public official shall not be presumed prejudicial to the action, and such written communication shall be made a part of the record before final action on the matter. c. Local public officials may conduct investigations and site visits and may receive expert opinions regarding quasi-judicial action pending before them. Such activities shall not be presumed prejudicial to the action if the existence of the investigation, site visit, or expert opinion is made a part of the record before final action on the matter. d. Disclosure made pursuant to subparagraphs a., b., and c. must be made before or during the public meeting at which a vote is taken on such matters, so that persons who have opinions contrary to those expressed in the ex parte communication are given a reasonable opportunity to refute or respond to the communication. 7. City Ordinance on Quasi -Judicial Procedures The City, through Resolution 99-12, has adopted Procedures for Quasi -Judicial Proceedings. Please familiarize yourself with this Resolution, which is attached to this Memorandum as Exhibit "C". Notably, the Resolution provides the following guidelines for the order of presentation of quasi-judicial matters: a. After the Mayor opens the Hearing; b. City Council Members disclose ex-parte communication; c. City Attorney reads resolution title; d. The Applicant will make its presentation; e. Staff presents finding, analysis and recommendations; f: Council asks questions of applicant and staff, g. Mayor opens the floor for anyone in favor of the request; h. Mayor opens the floor for anyone against the request; i. Applicant provided opportunity to respond to issues raised by staff or public; j. City Council deliberation and questions; k. Mayor calls for a motion; 1. City Council action. 400 of 409 arvOF SET" HOME OF PELICAN 15LAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: December 9, 2020 Agenda Item Title: City of Sebastian's 2021 Legislative Priorities Recommendation: City Council review and approve the City of Sebastian's 2021 Legislative Priorities Background: Each year the City determines the legislative priorities for the upcoming session. These priorities will be presented to the legislative delegation on January 20, 2021. A draft of City of Sebastian's 2021 Legislative Priorities is attached for your consideration and review. If Agenda Item Requires Exoenditure of Funds: Budgeted Amount: NIA Total Cost: NIA Funds to Be Utilized for Appropriation: NIA Attachments: 1. DRAFT City of Sebastian's 2021 Legislative Priorities Administrative Services Departmen eview: City Attorney Review: � Procurement Division Review, if appiicar City Manager Authorization Date: /,� 1-7 /, � 0,; ` 401 of 409 CITY OF SEBASTIAN'S 2021 LEGISLATIVE PRIORITIES Florida Statute 286.011 Government in the Sunshine Florida Statute 286.011 requires all government business be conducted in the Sunshine for the public to have the opportunity to participate and have a voice in the process. This year we have seen the most egregious violation of the Sunshine law in State history. The 2019 elected Council Members held a coup to overthrow the city government outside of the Sunshine. They locked the doors to the city Council Chambers and conducted a meeting without any charter officers present, did not allow public participation, voted to terminate all charter officers, to remove the Mayor and appoint one of them as the Mayor. The challenge is that this is only classified as a misdemeanor by F.S. 286.011. The Governor's Office (IAW F.S. 112.51) will not even consider suspending Sunshine Law violators from public office because it is not a felony. The City of Sebastian SUPPORTS legislation that addresses this issue and makes the penalties or violations much more substantial, at least a 3`d degree felony. The courts and the Commission on Ethics have been very complacent on fines for violations of the Sunshine law. This has to be addressed. Either there is a Statute that protects the public from acts such as this or not. Providing for a $250.00 fine for this type of violation is just not sufficient to deter this type of behavior. The City of Sebastian SUPPORTS legislation that addresses this and make the penalties much more substantial. As it stands, the current penalties allowed under the Statute would never deter this from happening again. Remote Meetings The City of Sebastian SUPPORTS legislation that authorizes local governing bodies, local boards and committees to utilize communications media technology (CMT) in order to participate in meetings and take actions. Also, City of Sebastian SUPPORTS legislation authorizing the suspension of a quorum to be present in person or requires a local government body to meet at a specific public place during a declared or a public health emergency. Vacation Rentals The City of Sebastian OPPOSES any legislation that would further remove the local government's ability to regulate housing and short-term rentals. The current legislation allows local governments to regulate short-term rentals, but only for life safety and building codes, as well as other codes specific to vacation rentals. However, local governments are still prohibited from regulating the duration and frequency of these rentals. The City of Sebastian SUPPORTS amending legislation that will return home rule over short-term (vacation) rentals entirely back to municipalities, particularly including the ability to limit the duration of rentals. Attainable/Affordable Housing As in 2005/06, this issue was forefront in the minds of all local governments. Now in 2020 we again have seen a dramatic increase in the cost of home ownership and rentals. The City of Sebastian SUPPORTS the following Indian River County's position on funding: 402 of 409 Position: Indian River County BCC SUPPORTS allocating the full amount of dedicated documentary tax revenues for state and local affordable housing programs; SUPPORTS investing in affordable housing to create jobs in home repair, hardening homes, retrofitting and constructing affordable rental units, and lowering the energy costs to make housing more affordable; and SUPPORTS exempting the State Housing Trust Fund and the Local Government Housing Trust Fund from a provision authorizing the Legislature, in the General Appropriations Act, to transfer unappropriated cash balances from specified trust funds to the Budget Stabilization Fund and General Revenue Fund, etc. Water Management The City of Sebastian SUPPORTS legislation that provides a recurring source of funding for local government programs and projects aimed at protecting water resources, improving water quality and quantity, mitigating pollution and stormwater runoff, and expanding the use of alternative water resources. Also, the City of Sebastian SUPPORTS State initiatives to boost funding for flood mitigation and stormwater management programs at all local levels, including funding for the Indian River Lagoon. The legislature's continued support and funding of projects to reduce pollutant loads and prioritize the funding for the region's Basin Management Action Plan (BMAP) is requested. School Resource Officers The City of Sebastian, due to the State mandate to have School Resource Officers at each of its local schools, requires general fund revenues to cover costs associated with the legislative mandate. Some financial support is provided by the Schools, but this only covers a portion of the additional expenditures. The City of Sebastian has concerns that taxpayers funds, intended to pay for City services, are being used in support of a different governmental body. The City of Sebastian SUPPORTS legislation to fund the schools for this requirement and alleviate the burden on the City's budget to furnish these Police Officers. Sea Level Rise Recognizing the impacts sustained by cities statewide related to sea -level rise, changing precipitation patterns and increasing storm severity, the City of Sebastian SUPPORTS legislation that encourages vulnerability assessments, coordinates resources and supports the efforts of local governments 'to mitigate and adapt to these dynamic, environmental conditions. Septic to Sewer There are still many residents and businesses in the City of Sebastian and surrounding Indian River County who have not converted from septic to sewer and who may have old and failing septic systemis. The City of Sebastian SUPPORTS funding initiatives by the State to incentivize and assist residents with converting to sewer or any conversion program that will expand the rate at which septic users convert to sewer. Unfunded Mandates The City of Sebastian OPPOSES any legislation that is not funded or requires a local government to fund through ad -valorem taxes or assessments, Protection of Community Redevelopment Agencies (CRAB) The City of Sebastian has used the CRA funding to successfully improve the designated area and have the desired result of increasing the taxable values of those properties. We also note that improving the 403 of 409 commercial enterprises can be expected to have the added advantage of increasing sales tax collections. The City of Sebastian SUPPORTS legislation to protect its use of the CRA funding method and continue these efforts to revitalize the area. The City of Sebastian OPPOSES any legislation that would allow a County to have additional oversite of a municipality's CRA, and OPPOSES removing current CRA districts. IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA APPELLATE DIVISION PELICAN ISLAND AUDUBON SOCIETY, GRAHAM COX and DONNA HALLERAN Petitioners, V. CITY OF SEBASTIAN, Respondent. J Rule 9.100 Petition for Writ of Certiorari CASE NO. 19-AP-142 JOINT STIPULATION AND ORDER ON PETITIONERS' MOTION TO DETERMINE AWARD AMOUNT OF ATTORNEY'S FEES AND FOR TAXATION OF COSTS AGAINST RESPONDENT COMES NOW, the Petitioners, PELICAN ISLAND AUDUBON SOCIETY, GRAHAM COX and DONNA HALLERAN, by and through their undersigned counsel, and CITY OF SEBASTIAN, Respondent, by and through their undersigned counsel, hereby stipulate to the following Order on Petitioner's attorney's fees and costs: 1. Petitioners were successful in their Petition for Writ of Certiorari filed pursuant to 'Fla. R. App. P. 9.040(c). 2. Petitioners are entitled to their legal fees and costs being paid by Respondent through the Writ of Certiorari. 3. Petitioners submitted evidence of 83.20 hours expended at a rate of $300.00 an hour. The total legal fees are $24,960.00. 4. Respondent agrees the number of hours expended and the hourly rate are reasonable and agree to pay the $24,960.00. 5. Petitioners seek $1,223.00 as reimbursement for court costs. Page 1 of 2 405 of 409 6. Respondent agrees to reimburse Petitioners for their court costs of $1,223.00 7. The Parties stipulate as follows: A. Respondent agrees to pay Petitioners attorney a total of $26,183.00 within ten (10) days of the court order. B. The Parties agree that this stipulation shall be adopted as a Court Order by Judge Jeffrey Hendriks. Dated: October 20, 2020. /s/ George A. Glenn Jr. George A. Glenn, Jr., Esquire Florida Bar No. 28992 2165 1 th Avenue Vero Beach, FL 32960 Tel 772-569-0442 xaylenniO&D,>alennlaw.com Fax (772) 567-5097 E-Mail: filinasrt Yalennlaw.com Dated: October 21, 2020 Is/Daniel L. Abbott Daniel L. Abbott, Esquire Florida Bar No. 53007 200 East Broward Blvd., Suite 1900 Fort Lauderdale, Florida 33301 Tel. 954-763-4242 DabbottO)wsh-law. coin DONE AND ORDERED in Fort Pierce, St. Lucie County, Florida on thisl day of October, 2020. COPIES PROVIDED VIA E-SERVICE TO: Counsel for Respondent Daniel Abbott, Esquire dabbott(d� wsh- l av,,. c or n. Counsel for Plaintiff George Glenn, Jr., Esquire � lennirla �_,Rlennlaw.coin � n Je rey Hendriks ACTING CIRCUIT COURT JUDGE Page 2 of 2 406 of 409 �NOAWEIS!'�%' SEROTA HELFMAN COLS BIERMAN DANIEL L. ABBOTT Member* dabbott@wsh-law.com October 26, 2020 Via Email: ibass(@aravesbrotherscompanv.com Jeff E. Bass President Graves Brothers Company 2770 Indian River Blvd., Suite 201 Vero Beach, Florida 32960 Jeff E. Bass Registered Agent Graves Brothers Company 2770 Indian River Blvd., Suite 201 Vero Beach, Florida 32960 Re: Annexation Agreement between Graves Brothers Company and City of Sebastian Notice of Sums Due and Owinq Dear Mr. Bass: Pursuant to Section 13 of the "Annexation Agreement" between Graves Brothers Company ("Graves Brothers") and the City of Sebastian (the "City"), dated August 29, 2019, Graves Brothers agreed to indemnify the City for "all costs, fees and expenses, including, but not limited to, reasonable attorneys' fees and expert witness fees incurred by the City in the investigation or defense of any challenge to the annexation whatsoever". As you know, Pelican Island Audubon Society and two of its members (the "Petitioners") made a challenge to the annexation and, as you will see attached, a Court has awarded the Petitioners $26,183.00 in fees and costs for successfully bringing the challenge. Accordingly, pursuant to the Annexation Agreement, demand is made that 407 of 409 Jeff E. Bass President Jeff E. Bass Registered Agent October 26, 2020 Page 2 of 2 Graves Brothers "immediately ... pay" to the City this sum, "by wire transfer or certified or bank cashier's check." The City also employed counsel to defend challenges to the annexation brought, separately, by Pelican Island and by Indian River County. The Annexation Agreement provides that the "fees and expenses of the City's counsel shall be borne by [Graves Brothers]." The City has incurred expenses in the amount of $42,703.13 in defending the challenges which, per the Annexation Agreement, are required to be paid "immediately" by Graves Brothers to the City. However, the City is willing to discuss these incurred fees and expenses with you in connection with other annexation issues, should Graves be interested in annexing its property into the City. Please advise City Manager Paul Carlisle no later than October 29, 2020 whether you are interested in those discussions. If you are not, please reimburse the City for said expenses by wire transfer or certified or bank cashier's check. Sincerely, V az4l��- Daniel L. Abbott DLA/pg 3942.001 C: Bruce Barkett, Esq., [via email: Bb @verolaw.coml Bruce Harris, Esq., [via email: Bruce(@hhbzlflorida.coml MIAMI-DADE I BROWARD I PALM BEACH I WSH-LAW.COM 408 of 409 flakin Votorans Council V November 24, 2020 Mr. Ed Dodd, Mayor Boars! of Directors 1225 Main Street Sebastian City Hall Martin Zickert Sebastian, FL 32958 Chairman Curtis Holden Dear. Mr. Dodd, Vice Chairman I am inviting you or a member of your staff to attend the monthly meetings of the Veterans Council of Indian River County. As you may know, the Council Ken Dale is the premier 501c(3) charitable organization that offers services to the Treasurer approximately 15,000 veterans and their families here in the County. Our various programs enhance the lives of all veterans from WWII, Korea, Carlos Holcomb Vietnam, as well as the new veterans of the War on Terror. Secretary Representatives from other Congressional and County offices already attend our monthly meetings, as do our numerous business and other Directors 501c(3) partners who are concerned about veterans and their welfare. I believe Samantha Brackett that it would enhance the work your office already does for veterans if you Bruce Cad sent a representative to attend and learn what the Council is doing. We would y be interested in your experiences in this area, and we would be happy to include Sam Kouns you on our agenda in the hope of expanding our veterans' outreach. Father Father Dave I look forward to your participation in our meetings and hope that you will call t Newharour Executive Director, Jim Romanek, so that we can include you on our agenda Carroll Oates at the next available opportunity. Patty Ryan Tracey Zudans Executive Director Sincerely yours, Jim Romanek artin Zickert, Col., USAF (ret.) Chairman A copy of the official registration and financial information may be obtained from the Division of Consumer Services by calling toll -free within the state. Registration does not imply endorsement, approval or commendation by the state. Call 1-800-HELP-FLA (435-7352) or go to www.FloridaConsumerHelp.com for more information. Our registration number is CH12904. EIN 59-2970832 Veterans Council of Indian River County - PO Box 1354, Vero Beach, FL 32961 - (772) 420-5820 - wTNHM%6bVets.org