HomeMy WebLinkAbout02-14-2024 CC AgendaSEBASTIAN CITY COUNCIL
BOARD OF ADJUSTMENT
& REGULAR MEETING AGENDA
WEDNESDAY, FEBRUARY 14, 2024 — 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
OR ON THE CITY'S WEBSITE
1. CALL TO ORDER
2. MOMENT OF SILENCE
3. PLEDGE OF ALLEGIANCE — Led by Council Member McPartlan
4. ROLL CALL
5. AGENDA MODIFICATIONS
Modifications for additions require a unanimous vote of City Council
6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS
Presentations ofproclamations, certificates and awards, and brief timely announcements by Council
and Staff. No public input or actions under this heading.
A. Proclamation - Declaring the City of Sebastian to be a Moonshot Community
Brie/ Announcements:
Friday, February 16 — Chamber of Commerce Concert in the Park — St. John's Wood — 5: 30pm-
8: 00pm
Saturday, February 17 - Sebastian River Art Club at Riverview Park - IOam — 3pm
Monday, February 19- In Observance of Presidents Day City Hall will be closed
FDOT Workshop to develop viable alternatives to widen CR510 from 58`h Avenue to east
of SR 5/US 1 from two to four lanes including sidewalks, bike lanes, and multi -use paths
Virtual — February 27 at 6: OOpm https:11bit.li/cr510pde
In Person — February 29 at 5: 30pm in the IRC MPO Boardroom
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7. 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 resolve matters with staff prior to
meetings. Individuals are asked to provide copies of materials 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.
8. RECESS THE CITY COUNCIL MEETING AND CONVENE THE BOARD OF
ADJUSTMENT MEETING
pgs 7-10 A. Approval of Minutes — January 10, 2024 BOA Meeting
pgs I1-43 B. Variance Request from Property Owners Andrew & Alina Davis for Relief from
Section 54-2-7.7(c)(1) of the Land Development Code to Allow a 6-foot High
Fence to Extend 1.25 feet (15 inches) Beyond the Front House Line into the Front
Yard Whereas the Code Requires the Fence to be a Maximum of 4-feet High on
the Property Located at 658 Badger Street (Transmittal, Staff Report, Exhibits A-
E)
9. ADJOURN THE BOARD OF ADJUSTMENT MEETING AND RECONVENE
THE CITY COUNCIL MEETING
10. 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 his/her hand
to be recognized.
pgs 44-47 A. Approval of Minutes — January 24 2024 Work Session
pgs 48-59 B. Approval of Minutes — January 24 2024 Regular City Council Meeting
pgs 60-62 C. Request for the Natural Resources Board to Sell Alcohol (Beer Only) at the
Upcoming Earth Day Celebration in Riverview Park (Transmittal Proposal)
pgs 63-79 D. Approve Amendment #3 to ITB 23-15 for Citywide Swale Improvements in
Conjunction with Roadway Repaving (Transmittal, ITB, Bid Sheet, Agreement)
pgs 80-84 E. Approve Grant Administration Services from Guardian CRM, Inc. for CDBG
Entitlement Funding for Annual Action Plan FY 2023/2024 (Transmittal, CSA#8,
Letter)
pgs 85-87 F. Alcohol Beverage Approval (Transmittal, Application, Receipt)
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11. 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 88-102 A. Natural Resources Board (Transmittal, Applications, Member List,
Advertisement)
pgs 103-108 B. Citizens Budget Review Advisory Board (Transmittal, Application, Member List,
Advertisment)
pgs 109-110 C. Discussion and Appointment of Sebastian River Area Chamber of Commerce Ex
Officio Board Liaison (Transmittal, Letter)
12. PUBLIC HEARINGS
Procedures /or legislative public hearings:
Mayor opens hearing
Attorney reads ordinance title
Staff presentation
Public input
Staff summation
Mayor closes hearing
Council deliberation and action
pgs 111-115 A. First Readinv and Public Hearing of Ordinance No. 0-24-01 - Proposed Land
Development Code Amendment — Article XXII and Article XVI Amendin'-,
Sections Relatin<u to Murals ( Transmittal. 0-24-01)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND
DEVELOPMENT CODE SECTION 54-5-22.2 PROVIDING A DEFINITIONS OF
TERMS REGARDING MURALS; AMENDING SECTION 54-3-16.3 PROVIDING
FOR EXEMPTIONS PERTAINING TO MURALS; PROVIDING FOR
SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Ounsi-.Tudicial Public Hearink-.c-
Mayor opens hearing
Attorney reads ordinance title
City Council Members disclose ex parte communication
City Clerk swears in those who intend to provide testimony
Staffpresentation
City Council asks questions of staff
Mayor opens the floor for anyone in favor of the request
Mayor opens the floor for anyone opposing the request
Staffprovided the opportunity to respond to issues
City Council deliberation
Mayor calls for a motion
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pgs 116-141
B. First Readiw,, and Quasi -Judicial Hearin ,, of Ordinance No. 0-24-02 — Reuuest
for Rezonin4 — Old Public Works Compound (Transmittal. 0-24-02. Report)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A
ZONING CLASSIFICATION OF CG (COMMERCIAL GENERAL) FROM THE
CURRENT ZONING DESIGNATION OF PS (PUBLIC SERVICE), FOR LAND
CONSISTING OF 4.13 ACRES, MORE OR LESS, KNOWN AS THE OLD PUBLIC
WORKS COMPOUND; LOCATED NORTH OF SEBASTIAN BOULEVARD,
SOUTH AND WEST OF ORANGE HEIGHTS SUBDIVISION, AND WEST OF
AMERICAN LEGION POST 189; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Ouasi-Judicial Public Hearin vs:
Mayor opens hearing
Attorney reads ordinance title
City Council Members disclose ex parte communication
City Clerk swears in those who intend to provide testimony
Applicant makes their presentation
Staff presents their findings
City Council asks questions of applicant or staff
Mayor opens the floor for anyone in favor of the request
Mayor opens the floor for anyone opposing the request
Applicant provided the opportunity to respond to issues
City Council deliberation
Mayor calls for a motion
pgs 142-160 C. First Readini, and Quasi -Judicial Public Hearing of Ordinance No. 0-24-03 —
Raiuest for Rezonine — Warrior Recvclina (Transmittal. 0-24-03. Report)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A
ZONING CLASSIFICATION OF HI (HEAVY INDUSTRIAL) FROM THE CURRENT
ZONING DESIGNATION OF IN (INDUSTRIAL), FOR LAND CONSISTING OF 5.13
ACRES, MORE OR LESS, KNOWN AS WARRIOR RECYCLING; LOCATED
NORTH OF THE CITY OF SEBASTIAN'S AIRPORT, SOUTH AND WEST OF
CRAIL WAREHOUSE, AND EAST OF RESIDENTIAL DEVELOPMENT;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
13. UNFINISHED BUSINESS - None
14. NEW BUSINESS
pgs 161-167 A. Consideration of Agreement for Reimbursement of Costs for Solid Waste
Collection and Disposal Services Non -Ad Valorem Assessments between the City
of Sebastian and the Indian River County Tax Collector and Authorize the Mayor
to Execute Appropriate Documentation (Transmittal, Agreement, R-23-37)
4 of 214
pgs 168-193 B. Approve the Purchase of One E48 R2-Series Bobcat Compact Excavator at the
Price of $66,962.92 "Piggybacking" Off of Sourcewell Contract #040319-CEC
with Clark Equipment Company dba Bobcat Company (Transmittal, Quotes,
Contract)
pgs 194-211 C. Approve the Purchase of One Nissan Frontier Pick -Up Truck at the Price of
$33,599.00 as a Cooperative Purchase under the Florida Sheriffs Association
Contract #FSA23-VEL31.0 from Terry Taylor's Deland Nissan Inc. (Transmittal,
Quotes, Contract)
pgs 212-214 D. Approve Express Clydesdales Parade Agreement to Provide Clydesdales Horses
for the Centennial Celebration in the Amount of $13,864.00 (Transmittal,
Agreement, Certificate)
15. CITY ATTORNEY MATTERS
16. CITY MANAGER MATTERS
17. CITY CLERK MATTERS
18. CITY COUNCIL MATTERS
A. Council Member McPartlan
B. Council Member Jones
C. Council Member Nunn
a. Discussion on the number of park rentals per organization on an annual
basis
D. Vice Mayor Dixon
E. Mayor Dodd
19. ADJOURN (All meetings shall adjourn by 9: 30 pm unless extended for up to one half
hour by a majority vote of City Council)
NO STENOGRAPHIC RECORD BYA 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
WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONYAND 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
AT 388-8226 — ADA @ CITYOFSEBA STIAN. OR G AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
ZOOM INFORMATION
Please click the link below to join the webinar htti)s://usO2web.zoom.us/i/81708387321
Or One tap mobile:
+13052241968„ 81708387321# US
Webinar ID: 817 0838 7321
International numbers available: httl)s://us02web.zoom.us/u/k8Yi(_)1k3W
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PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-24-04
Regular Cite Council Meetings
Public input is ALLOWED under the headim,-,:
Consent Agenda
• Public Hearings
• Unfinished Business
vo New Business
vo Public Input
Public Input is NOTALLOWED under the headin,s:
• 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, providing, 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.
Appealing 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 Heading 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.
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it
SEBASTIAN
CENTENNIAL CELEBRATION
1914 -1014
BOARD OF ADJUSTMENT
1225 Main Street, Sebastian, FL 32958
The attached January 10, 2024 Board of Adjustment minutes were approved at the
February 14, 2024 Board of Adjustment meeting.
Chairman Ed Dodd
ATTEST:
Jeanette Williams, City Clerk
7 of 214
Regular City Council
& BOA Meeting
January 10, 2024
Page 3
Friday, January 12 - Chamber of Commerce Concert in the Park at Riverview Park
5:30pm — 8pm (Bobby Owen Band)
Saturday, January 13 - Craft Club of Sebastian at Riverview Park —10am — 3pm
Monday, January 15 - Martin Luther King Day — City Hall Closed
Friday, January 19 — Florida Arbor Day Volunteer Tree Planting at Tulip Drive Pond —
12pm — 2pm
Saturday, January 20 - Annual Sebastian Riverfront Fine Arts & Music Festival at
Riverview Park —10am — Spm
Sunday, January 21- Annual Sebastian Riverfront Fine Arts & Music Festival at
Riverview Park —10am — 4pm
Vice Mayor Dixon announced the upcoming events.
7. PUBLIC INPUT
Cindy Geesey, 108 Wood Stork Way, asked Council to consider making the Board of
Adjustment a citizen board to allow those interested in public service an opportunity to
gain experience. With regard to the Centennial, she asked if Council would be interested
in becoming a "Sister City" with an international municipality.
Damien Gilliams, 1623 US Highway 1, said he was planning to participate twice a month
in the future Council meetings. He said his court case was over as of Friday and began to
speak about a family member of Mayor Dodd. Mayor Dodd called for a Point of Order
and reminded Mr. Gilliams that if he continued to make accusations that he would be
engaging in a civil liability situation as the grievances he was presenting were
nonsensical.
Mayor Dodd recessed the City Council Meeting and convened the Board of Adjustment �..r..�..._
meeting at 6:28 p.m.
A. MOTION by Mr. Nunn and SECOND by Vice Chair Dixon to approve the
November 15, 2023 BOA Meeting minutes passed with a unanimous voice vote of 3-0.
B. ARTHUR AND BILLIE MANTZ, IN REGARDS TO LOT 2, BLOCK 558,
SEBASTIAN HIGHLANDS SUBDIVISION UNIT 16, LOCATED AT 105 KILDARE
DRIVE, REQUESTING A VARIANCE FROM SECTION 54-2-5.23(d)(5) OF THE
LAND DEVELOPMENT CODE TO CONSTRUCT A CARPORT THAT WILL
ENCROACH, AT A MAXIMUM, THREE (3) FEET INTO THE TEN (10) FOOT SIDE
YARD SETBACK (Transmittal, Staff Report, Exhibits)
Celebrating Our 100th Anniversory
8 of 214
Regular City Council
& BOA Meeting
January 10, 2024
Page 4
Chairman Dodd noted that three affirmative votes would be needed to take action on the
matters considered tonight.
The City Attorney read the request from Mr. and Mr. Mantz. There were no ex parte
communications to disclose by the board members. The City Clerk swore in those who
would be providing testimony.
Mrs. Mantz stated they are replacing a carport that was destroyed in the 2005 hurricanes
that wasn't placed in the proper location when it was originally built.
The Community Development Manager said they are finding that with homes built in the
early 70's and 80's there was not a lot of detail required. In 1984 the permit came in
without a garage and shortly thereafter the Mantzes sought a carport on a hand drawn plot
plan with a rectangle plot that didn't have the accurate side yard setbacks. She said the
exhibit on page 28 displayed the correct encroachment and staff recommended approval.
There was no one to speak in favor or opposition to the request.
MOTION by Mr. Nunn and SECOND by Vice Chairman Dixon to recommend approval
of the Mantzes' request passed with a unanimous voice vote of 3-0.
C. SEMBLER MARINA PARTNERS, LTD, IN REGARDS TO AN ADDITIONAL
PROPOSED OVERWATER RESTAURANT TO BE LOCATED AT 1660 INDIAN
RIVER DRIVE (SQUID LIPS & MARINA), AND WHICH STRUCTURE IS
LOCATED WITHIN A FLOOD HAZARD AREA AND REQUIRES A BUILDING
PERMIT, IS REQUESTING RELIEF FROM FLORIDA BUILDING CODE SECTION
1612.4, WHEREBY THE MINIMUM ELEVATION REQUIREMENT FOR A
BUILDING LOCATED IN A COASTAL HIGH HAZARD FLOOD ZONE IS BASE
FLOOD ELEVATION PLUS 1 FOOT TO THE LOWEST HORIZONTAL MEMBER
OF AN EXISTING STRUCTURE THAT IS BEING SUBSTANTIALLY IMPROVED.
THE BOTTOM OF THE LOWEST HORIZONTAL MEMBER OF THE EXISTING
' STRUCTURE IS +7.3 FEET AND THE MINIMUM REQUIREMENT IS +8.0 FEET.
(Transmittal, Staff Report, Exhibits, Application)
The City Attorney read the request from Sembler Marina Partners, Ltd. There were no ex
parte communications to disclose by the board members. The City Clerk swore in those
who would be providing testimony.
Kim Rezanka, attorney with the Lacey, Lyons, Rezanka law firm, representing the
applicant, Sembler Marina Partners, said the variance was signed in May 2021 when it
was found that the flood elevation changed by the Florida Building Code and they were
here to request a modification to the variance to open the business.
The Building Official said the variance was granted in May 2021 and there is a
requirement that the lowest horizontal structural member in a V Zone has to be at base
Celebrating Our 100th Anniversary
9 of 214
Regular City Council
& BOA Meeting
January 10, 2024
Page 5
flood elevation plus one foot. It was built to code at the time but now the FEMA
elevation certificate shows the bottom of the lowest structural member of the existing
structure is +7.3 ft. where it was previously believed to be +7.6 ft. which is a 4 inch
difference. He stated the City's record must match the FEMA certificate.
There was no one to speak in favor or opposition to this request.
The Building Official confirmed that the documentation by the engineers involved in this
project have recertified the elevation and nothing more has changed since the 2021
variance.
MOTION by Vice Chair Dixon and SECOND by Mr. Nunn to approve the Sembler
Marina Partners' request passed with a unanimous voice vote of 3-0.
Chairman Dodd adjourned the Board of Adjustment meeting at 6:42 p.m. and reconvened S. ..
the City Council Meeting.
9. CONSENT AGENDA
A. Approval of Minutes — Regular City Council Meeting, November 15, 2023
B. Approval of Minutes — Regular City Council Meeting, December 13, 2023
22.214/24.004 C. Resolution No. R-24-02 — City Council Meeting Procedures (Transmittal, R-24-
02)
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-21-32; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN
EFFECTIVE DATE.
24.005 D. Snow's Space Coast Superior Events — Italian Fest (Transmittal, Application,
Cert. of Ins., Receipt)
24.006 E. Alcoholic Beverage Approval (Transmittal, Application, Receipt)
Mayor Dodd asked to pull Item C. MOTION by Council Member Nunn and SECOND
by Mayor Dodd to approve Consent Agenda Items A, B, D, and E passed with a
unanimous voice vote of 3-0.
Celebrating Our 1001h Anniversary
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SEBASTIAN
CEMTEMMIAL CELERNATIOM
1 914- LOL4
BOARD OF ADJUSTMENT AGENDA TRANSMITTAL
Council Meeting Date: February 14, 2024
Agenda Item Title: Variance Request — Davis — 658 Badger Street - Fence Height in Front Yard
Recommendation: Conduct a quasi-judicial public hearing to consider the variance request for a
fence six (6) feet in height to extend 1.25 feet beyond the front house line.
Background: A variance application has been submitted from property owners Andrew & Alina
Davis for relief from Section 54-2-7.7(c)(1) of the Land Development Code to allow a 6-foot high fence to extend
1.25 feet (15 inches) beyond the front house line into the front yard whereas the code requires the fence to be a
maximum of 4-feet high.
The applicants' residence is a new structure, receiving its Certificate of Occupancy in May, 2023. As such, like
other houses currently being constructed, the newer type of Onsite Sewage Treatment and Disposal Systems
(OSTDS) was installed. These systems generally require a bit more room for its tank design, and proximity to
electrical equipment for the macerator. LDC Section 54-2-7.4(b) allows septic tanks and drainfields to be placed
within a front or side yard. Historically, the systems have been located in the front yard, but with the additional
area now necessary, contractors are installing the systems along the side yards, and mainly on the same side as the
outside A/C equipment, which has an electrical outlet.
On June 6, 2023, shortly after moving in, the applicants applied for a 6-foot fence permit to privatize their back
yard. The information submitted with the application indicated the proposed fence with regards to height,
materials, and placement, met all Land Development Code requirements, and the permit was issued. However,
during installation of the fence, it was determined that placement of the support posts that were to be located in
the side yard where the septic system was existing could not be placed because of where of the OSTDS tanks
were situated underground. The installers relocated the post locations by extending them 1.25 feet into the front
yard, and kept the fence panels at 6 feet high. During the final inspection by city staff, it was observed that the
final fence was not in its permitted location, that it had been extended beyond the front house line, then continued
at 6 feet high to the side property line. The inspection was subsequently failed.
In accordance with Section 54-1-2.5, staff has provided a report detailing the variance request, applicable exhibits,
the criteria established for determining variances, along with additional information to assist with the Board's
consideration.
If Agenda Item Requires Expenditure of Funds:
Budgeted Amount:
Total Cost: N/A
Funds to Be Utilized for Appropriation:
Attachments:
1. Staff Report with Board Criteria for Determining Variances
2. Exhibits A thru E, which includes application from homeowners
Administrative Services Depa nt R view•
City Attorney Review:
Procurement Division R4view, if applicable: Af1A
City Mana er Authorization: i
Date: Zak
it V1c14
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HOME OF PELICAN ISLAND
Community Development
Variance Application - Staff Report
1. Project Name: Davis Fence Height in Front Yard
2. Requested Action: A variance is being requested from Section 54-2-7.7(c)(1) of the
Sebastian Land Development Code to allow a portion of a fence to be six (6) feet in
height and extend 1.25 feet (15 inches) beyond the front line of residence whereas the
code requires the fence to be only four (4) feet in height if the fence is located in front of
the house.
3. Project Location
a. Address:
b. Legal:
4. Project Owner:
658 Badger Street
Sebastian, Florida
IRC Tax Parcel ID No. 31-3 8-01-00003-1080-00012.1
Lot 12, Block 108, Sebastian Highlands Subdivision Unit 2
Andrew & Alina Davis
658 Badger Street
Sebastian, Florida 32958
(954)901-1640
5. Project Agent: Homeowners
6. Surveyor (1991): David M. Taylor, PSM #5243
Masteller, Moler & Taylor, Inc.
1655 27`h Street
Vero Beach, Florida 32960
(772)564-8050
7. Project Description:
a. Narrative of proposed action: The applicant's residence at 658 Badger Street
is a new structure, receiving its Certificate of Occupancy in May, 2023. As such,
like other houses currently being constructed, the newer type of Onsite Sewage
Treatment and Disposal Systems (OSTDS) was installed. These systems generally
require a bit more room for its tank design, and proximity to electrical equipment
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for the macerator. LDC Section 54-2-7.4(b) allows septic tanks and drainfields to
be placed within a front or side yard. Historically, the systems have been located
in the front yard, but with the additional area now necessary, contractors are
installing the systems along the side yards, and mainly on the same side as the
outside A/C equipment, which has an electrical outlet. Placement of the OSTDS
permitted by the Environmental Health Dept. for the applicant's residence is
attached (See Exhibit A, survey).
On June 6, 2023, shortly after moving in, the applicants applied for a 6-foot fence
permit to privatize their back yard. The information submitted with the
application indicated the proposed fence with regards to height, materials, and
placement, met all Land Development Code requirements, and the permit was
issued (See Exhibit B1-B3, fence permit application and proposed survey).
However, during installation of the fence, it was determined that placement of the
support posts that were to be located in the side yard where the septic system was
existing could not be placed because of where of the OSTDS tanks were situated
underground. The installers relocated the post locations by extending them 1.25
feet into the front yard, and kept the fence panels at 6 feet high. During the final
inspection by city staff, it was observed that the final fence was not in its
permitted location, that it had been extended beyond the front house line, then
continued at 6 feet high to the side property line. The inspection was failed and
the inspector advised the homeowners to inquire about requesting a variance, or
reduce the height of the extension to the required 4-feet high maximum (See
Exhibit C, final inspection report).
The homeowners are requesting variance consideration and have submitted a
thorough application requesting relief from the fence height requirement for that
portion of the fence that extends 1.25 feet beyond the front house line (See
Exhibit D1-D19, variance application, written request, attachments w/ photos, +
petition).
b. Current Zoning:
Current Land Use:
C. Adjacent Properties:
North:
East:
South:
West:
d. Site Characteristics
RS-10 (Single -Family Residential, Min 10,000 SF Lots)
LDR (Low Density Residential, 5 units per acre)
Zoning
RS-10
RS-10
RS-10
RS-10
Current Land
Use
residence
residence
residence
residence
Future Land
Use
LDR
LDR
LDR
LDR
2
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(1) Total Acreage:
(2) Current Land Use(s):
(3) Water Service:
(4) Sanitary Sewer Service:
8. Staff Comments:
.23 acres, or 10,000 SF
Single-family residence
Public water
Septic system — Aerobic Treatment Unit
1) The front house line for the applicants' residence is at 25.47 feet from their front
property line. The front house line for the adjacent residence to the north, the side
where the extension is located, is at 25.66f feet. If the variance is granted, the 6-foot
high fence extension would be slightly visible from the neighbor's front yard view.
9. Board Criteria for Determining Variances:
See attached analysis.
10. Staff Recommendation:
With regards to the applicants' variance request, the following options are available (See
Exhibit E1-E2, diagrams of A-D):
A. Deny the request, and require that portion of the fence that extends beyond the front
house line to the side property line to be reduced in height to 4 feet maximum; or
B. Grant the request, allowing that portion of the fence that extends beyond the front
house line to the side property line can remain at 6 feet high; or
C. Require that portion of the fence that has to extend because of the OSTDS tank
location be reduced in height to 4 feet, and then relocate the remaining 6-foot high
portion that runs to the side property line back to the front house line; or
D. Grant a variance for that portion of the fence that has to extend because of the
OSTDS tank location to remain at a height of 6 feet, but then relocate the remaining
6-foot high portion that runs to the side property line back to the front house line.
11. Board Action:
Conduct quasi-judicial hearing to consider the requested variance.
Dorri Bosworth, Manager/Planner
Community Development Department
Date
3
14 of 214
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 V No ❑
New construction standards for Onsite Sewage Treatment and Disposal Systems are prompting
contractors to locate the systems within the side yards of new residences being built, instead of the
front yards where the older concrete septic tanks and drainfields have normally been placed.
Consideration of updates to the current fence placement and/or height regulations, or amendments
to the allowable locations for the newer OSTDS is most likely warranted.
b. Conditions not created by applicant. That the special conditions and circumstances do not
result from the actions of the applicant.
Meets Standard
Yes V No ❑
As the building permit for the house was applied for by D R Horton, the applicants did not
have any part in the decision regarding placement of the OSTDS.
C. Special vrivileims 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 V
The house at 658 Badger Street is not the only residence that has been constructed with a
newer OSTDS, or one placed in its side yard. Previous fence applicants have had to adjust
their proposed 6-foot high fence locations to accommodate the system's side yard
placement.
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
15 of 214
district under the terms of the ordinance and would create unnecessary and undue hardship on the
applicant.
Meets Standard Yes � No ❑
Because of the placement of the OSTDS in the side yard and that it extends into the front
yard, the applicants are not able to install a 6-foot high fence behind the front house line to
meet code establishing the privacy they are looking for. Consideration should also be given
that alternative resources that create privacy, i.e. plant materials and hedges, can also not be
planted on top of the OSTDS collection chambers.
e. Only the minimum variance eranted. 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 ❑
Option D from staff s Exhibit E would be considered the minimum variance if granted.
However, Option B, the applicants' request, could still be considered making reasonable
use of the land, building, or structure.
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 V No ❑
The adjacent residence to the north has approximately the same front house line as the
applicants at 25± feet. The extension of the 6-foot high fence into the applicants' front yard
will be visible to the northerly neighbor. However, the applicants have submitted a petition
signed by the neighbors that acknowledges they have no reservations regarding the height
or extension, and staff opines the extension will not be detrimental to the area, or affect the
public welfare.
2. 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.
E
16 of 214
Meets Standard Yes V No ❑
No conditions are being proposed.
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 V No ❑
The fence has already been installed and exists in the location the variance is being
requested for. If Option B is not granted, a time period of six (6) months should be
prescribed for the applicants to bring the fence into compliance with the Board's decision.
i. No use variance vermitted in saecified 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 V No ❑
The request is not a use -related variance.
6
17 of 214
9
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AS
swwi t uses —
EXHIBIT A-
" s € R! i
j I INN IIIIt
4J. $L—� —
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9 iCt O
IG rLAE
Mr EE
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Eo B
—Relit — .K
BADGER! STREET _
50R/W ;
s -
t
■ s Mas�beLl�i�eJr_,_Moler & Tay!2r, Inc. a
r�aafGOOt�[1{U s�ii�y()I$ and [rJQppm 4
�+ a land Surveying Business LH 4644 '
O N!S SHE f.wt fwr 1 wn B.wn r1snY �stC : I ADD AD/'OSD H.AOM) BY 0710.5
r.... rm� .mo rs tm� n.-o.., ,00 r�vm eaaaa i.n
w-
David M, off,',• as
Taylor 0iE07°"°
I.auauav
i AWPIWJW xrAW i
DA Horton, Inc.
EXH113IT B1
CITY OF
HOME OF PELICAN ISLAND
BUILDING DEPARTMENT
FIRE PREVENTION OFFICE
1225 MAIN STREET • SEBASTIAN, FLORIDA 32958
7'EI.EPHONE: (772) 589-5537 FAX (772) 589-2566
OWNERIBUILDER PERMIT APPLICATION
ALL OF THE FOLLOWING MUST BE FILLED IN BY APPLICANT, ACCORDING TO FS 713.135
PERMIT „ DATE:5/31 /23
INDIAN RIVER COUNTY PARCEL ID a 31380100003108000012.1 RECEIVED BY:
LOT: 12 BLOCK: 108 SUBDIVISION: Seb HIS Bavvort t0 VOcell (140011.LOOD ZONE: X
TYPE OF WORK: Rl\'E%1' SI-ItIJCTl7RL' ❑ADDITION ❑AI.1-L•RATION []REPAIR DDEMOLftION ❑ OTHER
WORK INCLUDES:❑STRUCI-URAL. ❑IiLEC1-RICAL ❑PLUMBING ❑MECHANICAL DROOPING - SLOPE:
__
❑ FIRE SYSTEM ❑ P001,❑ ALUMINUM STRUCIURE❑ SKIED ✓❑ FENCE ❑ SLAB OR DECK []OTHER
WORK DESCRIPTION: Vinvl Fence 6' height, around back of property, not to exceed front lane of home.
ESTIN9ATED JOB VALUE: a. Z TOTAL S/F UNDER AIR N/A
JOB NAME: Davis Fence
JOB ADDRESS: 658 Badqer Street
PROPERTY OWNER'S NAME: Andrew_ & Alina Davis
ADDRESS: 658 Bad er Street
CITY/STATE: Sabasban. FL
CONTACT E-NIAILADDRESS: andrewd33(a?gmail.com
CONTRACTOR BUSINESS NAME: Sei_f
ADDRESS:
CITY/STATE: _
CONTACT E-MAIL ADDRESS:
ARCHITECT/ENGINEER _ _
ADDRESS:
CITY/STATE:
CONTACT E-MAILADDRESS:
PRESENT USE: PROPOSED USE:
PHONE: 954-901-1640
ZIP CODE 32958
LICENSE Ih
CONTACT PHONE:
ZIP CODE
PHONE:
ZIP CODE:
OCCUPANT LOAD:
NUN•IBER OF: STORIES ❑13A1'S ❑UNITS ❑BEDROOMS ❑IiEiGI-1.1-
TYPE OF CONSTRUCTION:
GROUP OCCUPANCY: AREA
IS THE BUILDING PRESENTLY EQUIPPED WITH AN AUTOMATIC FIRE SPRINKLER SYSTEM? DYES ❑NO
BONING COMPANY:
MORTGAGE LENDER:
ADDRESS:
ADDRESS:
19 of 214
AN
APPLICATION IS HEREBY MADE TO OBTAIN A PERMIT TO DO THE WORK AND INSTALLATIONS AS INDICATED. I
CERTIFY THAT NO WORK OR INSTALLATION HAS COMMENCED PRIOR TO THE ISSUANCE OF A PERMIT AND THAT
ALL WORK WILL BE PERFORMED TO MEET THE STANDARDS OF ALL LAWS REGULATING CONSTRUCTION IN THIS
JURISDICTION. I UNDERSTAND THAT A SEPARATE PERMIT MUST BE SECURED FOR ELECTRICAL WORK,
PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS, TANKS AND AIR CONDITIONERS, ETC.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING
TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND
POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT
I WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.
A CERTIFIED COPY OF THE RECORDED NOTICE OF COMMENCEMENT SIGNED BY THE OWNER, SHALL BE FILED
WITH THE PERMITTING AUTHORITY IF THE VALUE IS $2,500 OR MORE, EXCEPT HEATING OR AIR CONDITIONING
CHANGE OUTS LESS THAT $7,500.
NOTICE: IN ADDITION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS
APPLICABLE TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THE COUNTY, AND THERE
MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER GOVERNMENTAL ENTITIES SUCH AS WATER
MANAGEMENT DISTRICTS, STATE AGENCIES, OR FEDERAL AGENCIES.
ANY CHANGE IN BUILDING PLANS OR SPECIFICATIONS MUST BE RECORDED WITH THIS OFFICE. ANY WORK NOT
COVERED ABOVE MUST HAVE A VALID PERMIT PRIOR TO STARTING. IN CONSIDERATION OF GRANTS, THIS
PERMIT, THE OWNER, AND THE BUILDING CONTRACTOR AGREE TO ERECT THIS STRUCTURE IN FULL
COMPLIANCE WITH THE BUILDING AND ZONING CODES OF THE CITY OF SEBASTIAN.
NOTE: THIS PERMIT APPLICATION IS VOID AFTER 180 DAYS UNLESS THE WORK, WHICH IT COVERS, HAS
COMMENCED. ALL CONTRACTORS MUST HAVE A VALID STATE CERTIFICATION, STATE REGISTRATION, OR
CERTIFICATE OF COMPEEICY ISSUED BY THE CITY OF SEBASTIAN PRIOR TO OBTAINING PERMIT.
OWNeft'S-AFF1 AVI certify that all the foregoing Information Is accurate and that all work will be done In compliance
with a a applicable regulating construction and zoning.
AN OWNER ACTING AS THEIR OWN
�:•��ER/AG�EN SIGNATURE CONTRACTOR MUST PERSONNALLY APPEAR
AT THE BUILDING DEPARTMENT TO SIGN THE
PERMIT APPLICATION. PER FS 489.103
Andrew Davis
PRINTED NAME OF OWNER/AGENT
DATE: 5/31/23
Individuals who sign as the owner's agent must first obtain legal power• of attorney to sign on their behalf.
STATE OF FLOR1 DA
COUNT)' OF(-17 � t�
1 'hereby c i� that on this
'j hois
Le of identification pr-idiuced: L
y _ J
'(n. Of �� _ 20_ personally appeared
pip ally known tome or has produced identification.
LINOAM. LOHSL
Commission # HH 26WJ7
' Expires June 18, 2026
20 of 214
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4�- Q 21.6-1 EL£V.=19.68'
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GARAGE to I
• I uosdwig� EIEV.�23.7'� CDNG'Rf
i T�•
�FY ` �I`O YBLOCK 108 I SINGLE FAMILY
_ J RESIDENCE s.er ' _- - - - - -. ', Ln
of it Y ■... dg�5 658 BADGER STREET n I D
tiF.F.� �I
39.82' >>:s =24.2'4.e�
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FIX 1�" N90'b0'Ob"Yifi 123.00' ��s �u IN-�, ,9 a MOO'
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21 of 214
aiYOF
SKANOMM�AN
HOME OF PEUCAN ISLAND
Permit Number
23-2165
Jurisdiction
Sebastian
Customer
ANDREW MICHAEL & ALINA DAVIS
Scheduled
12/1/2023 12:00:00 AM
Inspection Report Inspection Date: 12/1/2023 7:38:00 AM
FAILED ANDREW MICHAEL & ALINA DAVIS should
contact Sebastian at
(772) 589-5537 for further information.
Work Order Number Inspection Number
25587000 20223370
Inspection Type Inspector
Final Engineering Eric Brierton
Address
658 BADGER ST, SEBASTIAN 32958
Completed
12/1/2023 7:38:00 AM
Phone
(954) 901-1640
Uploaded
12/1/2023 7:00:22 AM
Details
Fence extends out past from of house roughly 1' due to septic being in the way. I did advise customer to speak with
zoning on a Variance for the fence due to the septic being in the way. If not then Fence will need to be moved to front
corner of house or lowered to 4'
You can download this report or request additional inspections at www.MyGovernmentOnline.org.
For software assistance please call 866.957.3764.
For questions about this inspection please contact your jurisdiction
22 of 214
EXHIBIT D1
Ono
Permit Application No.
SEBAsTIAN City of Sebastian
Development Order Application
40mi Cf v[UCJN K W110
Applicant (If not owner, written authorization (notarized) from owner is re;,uiredl
Name:
aa,) 'Dqv �S
Address: �S'S L ► ," 6C �i 5,—&4r 71 A.,-J., f:�
Phone Number: ) - FAX Number: ( ) -
qo t
E-Mail: Q1'lJ r-e .J d 33 -?AA. e-
Owner df different from applicant!
Name:
Address:
Phone Number: ( ) - FAX Number: ( ) -
I
E-Mail:
i
Title of permit or action requested:
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 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM,
A. Project Name (if applicable):
B. Site Information
Address: / 5-
le V J
Lot: Block: Unit: Subdivision: � 1
i a too a SFsas Tlq-.-' �t�NLA, rjs
Indian River County Parcel # 3 (38d ( (90003(p8 0000(2.1
Zoning Classificati n: Future Land Use:
5�10 LDP.
Existing Use: Proposed Use: 5 +,,CC
,S FPS 9� w�
C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessai v
_t ASE 3cc- AT -rac Ocn_')� -T-)cs c u PT ro J
Acrp..tPA,,jtPN -5Y /o A-T-Taco.A-tc�&_rv�
DATE RECEIVEDJI OS/_.W)3 FEE PAID: $_�5Q.eR- RECEIVED BY: .
EGEIVE-
DEC 0 5 2023
BY:
23 of214
D2
Permit Application No.
D. Proiect Personnel:
Anent:
Name:
Address
Phone Number: ( )
FAX Number:
E-Mail:
Attorney:
Name:
Address
Phone Number: ( )
FAX Number:
E-Mail:
Enqlneer:
Name:
Address
Phone Number: ( )
- FAX Number.
E-Mail:
Surveyor:
Name:
Address
Phone Number: ( )
FAX Number:
E-Mail:
I, f,N;�.'rz. l '� A 0 i
BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: - I AM THE OWNER _ I
AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPLICATION, ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
�NDHAT
ACCURATEW TO THE BEST
OF MY KNOWLEDGE AND BELIEF.
SC,k< URE
DATE
Da v+ s
SWORN TO AND SUBSCRIBED BEFORE
ME BY ►9ndreui
WHO IS PERSONALLY KNOWN TO
ME OR PRODUCED FL DL.
AS IDENTIFICATION, THIS _ 5
DAY OF L�/1R , 2� pYr�JOSHIJASIMPSON
, * Commission # HH 113187
NOTARY'S SIGNATURE
°. Expires Aprd 4,2025
�rFOFE��PC,
PRINTED NAME OF NOTARY
V �Instiwt C ;.wLe+n Bo 4edihuBu67elMolarySdYges
COMMISSION NO./EXPIRATION
SEAL:
24 of 214
Permit Application No. D3
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.
I/WE, ^ THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PR ERTY ES RIBS "fHI H IS
THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE r_ I (I" n , �r , A r
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 WAIV R AND CONSENT IS BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED,
0114AS MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
5K,NAT, IRE DATE
Sworn to and subscribed before me by Ar'ji u) bamJ I S
who is personally known to me or produced FL DC
as identification, this day of De-ce;#vtbvcr , 20.13 .
�,vrUe� JOSHUASIMPSON
Notary's Signature Ay
° Commission#HH113187
Printed Name of Notary 11 Expires April 4.2025
Commission No./Expiration —_r ''�of�o� Dvv mThryOw9ttNoUySP-4t
Seal:
APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE
CITYT----
NG ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE
APP
1140.7-',
ACKNOWLEDGMENT DATE
25 of 214
a
Permit Application No.
wit
HOW OI N I1C 4N lil'o•'
Supplemental Information
Application to the Board of Adjustment
_ 1. This application is for a (check one): variance(s) appeal(s)
2. Specify all code provisions for which a variance is being requested or the
decision or decisions that you are appealing. (Attach extra sheets if
necessary):
avi �uT 9� mA, uLs?Rt tc Trc RL�
— 3. Legal description of the property involved: 1�,c—S r DK& LgE
7lr ArTAC44CO
4. Atta h the following:
�a. Boundarysurvey of the property executed by a Florida Registered
Y 9
Surveyor. The survey shall show the dimensions of the lot or parcel at
issue, the location of all structures, if any, along with adjacent streets,
and all easements and right-of-ways.
b. Additional data and information as required to properly advise the Board
of the facts and circumstances needed to decide the case on its merits.
�> c. The names and addresses of all property owners whose property or part
of their real property is within 300 feet of any outer boundary of the lot
or parcel of land that is subject of the application.
26 of 214
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----��'`�°� ---ice--
BADGER STREET _
smmmt rmoo — _ 50• R/W
----8--------------
s
MastmDa, Moler $ Tbybr, Inc
profeaafaoal and Meppara r►Na�wa�tr ar
l.and8un'ry1n8nceeL84644 ' �,,..'i�,r.,.o
ua KW _
n411ttILpNN••
I lut d.IfRIO/tDe I a t� "icTi
Andrew M. Davis
and Alma Davis
Andrew & Alina Davis
658 Badger Street, Sebastian, FL 32958
Lot: 12; Block:108; Subdivision: Sebastian Highlands Unit 2
Application for 15 Inch Fence Variance
We are seeking a variance for the portion of our 6-foot vinyl fence with the gate, on the North
side of the house, which extends beyond the front plane of our home by 15 inches. We were
forced to make this adjustment at the last minute as it was determined that the septic drain field
was thoughtlessly buried across the front plane of the house, and there was no alternative to
properly install the posts for the gates. The requested variance is only for the length of fence
including the gate to the NE corner post in the front (Attachment 1).
It was certainly not our intention to change the original proposed layout of our fence
(Attachment 9b). Although requested numerous times over a period of months, we never
received any documents or disclosures on the septic system from the builder or the installer,
other than the fact that we had a septic system. We only determined that there would be an
Issue with post placement in the 11t' hour when the fence installers with materials arrived for
the job. Naturally, no one takes responsibility for the pjanning of the septic system, but at the
end of the day it was approved. We respectfully request that our request for fence variance be
approved due to the extenuating circumstances presented. To make changes would cause
hardship, in cost, time, and we would lose one third of the area proposed for a security and
privacy fence without approval of the variance for 15 inches.
A description of our request for the fence variance can be followed with the chronology of the
following 10 Attachments (Attachment 9 is the actual survey of the property we received at
closing. Attachments 9a, 9b, and 9c, magnify the home layout as the survey scale is 1 inch to 20
feet.)
Attachment 1 is a photograph taken from the front of 661 Badger (house across the street)
looking at the front of our home showing the fence on the North side. I have illustrated fence
posts 1, 2, 3, 4 throughout all the attachments for continuity. The 15-inch variance is for the
portion of fence running from Gate post #3 to the NE corner of the installed fence (right side of
photo).
Attachment 2 is a photograph looking to the North showing the adjustment that was required to
avoid interfering with the septic drain field. It is taken on the outside of the fence from the
driveway. Post #1 is not shown in the photograph as it sits 9 inches behind the front plane of the
house behind the rain gutter.
Attachment 3 is a photograph looking to the South. It is difficult to draw, but the actual variance
being requested is from the front corner of the house to the front of Gate post #3. This is the 15-
inch variance we are requesting.
Page 1 of 2
28 of 214
-.A
Andrew & Alina Davis
658 Badger Street, Sebastian, FL 32958
Lot: 12; Block:108; Subdivision: Sebastian Highlands Unit 2
Application for 15 Inch Fence Variance
Attachment 4 is a photograph showing the drain field prior to it being covered, with approximate
locations of the 4 fence posts, respectively.
Attachment 5 is a photograph looking to the south straight on the gate to show that even with
the 15 inches, the fence still lies behind the roof lines of the 2 houses out to Demsey.
Attachment 6 shows the layout of the septic system looking to the back end of the property. Of
note is the arrow facing back adjacent to the location of gate post #4 with the 4" 90. pvc
connected the 4" blue pvc pipe. See Attachment 7.
Attachment 7 looks down into the hole for gate post #4 before being filled to show the proximity
of the post to the leading edge of the septic drain field.
Attachment 8 is the permit received for the project.
Attachment 9 is the actual survey of the property we received at closing.
Attachment 9a, 9b & 9c are all the same magnification of the survey in Attachment9.
9a is a clean survey
9b is a survey which shows the original outline of the fence submitted with the permit
application
9c is a survey of the actual final outline of the fence. It should be noted that the scale of
the survey is 1 inch to 20 feet. The approximate 15 inch variance we seek would be
represented by 1/16 of an inch, or 1.5875 millimeters on the survey if drawn to scale
{(15 in/ (20ft x 12in)) x 25.4 mm/in). This line is drawn in pencil with yellow highlight.
Attachment 10 is a petition signed by my neighbors on Badger Street indicating that they have
no reservations or reasons to oppose this requested variance.
Page 2 of 2
29 of 214
Attachment 8
alYCIF CITY OF SEBASTIAN, FLORIDA
122S Main Street Sebastian, FI, 329S8
ME NJPH: (772) 589-5537 FAX: (772) 589-2566
BUILDING PERMIT
HOME OF PEUCAN ISLAND
PERMIT INFORMATION
PERMIT NO: 23.2165 ISSUE DATE: 06/06/2023 ADDRESS:
WORK TYPE: FENCE
PERMIT TYPE:
TOTAL FEES PAID: 75.00 DATE PAID: 6/5/2023
CONTRACTOR INFORMATION
NAME: ANDREW MICHAEL & ALINA DAVIS
ADDRESS: 658 BADGER ST
LICENSE NO:
PHONE: (954) 901.1640
DESCRIPTION OF WORK: 6' VINYL FFNCF.
LOT / BLK:
SUBDIVISION:
PARCEL NUMBER:
NAME:
ADDRESS:
PHONE:
REQUIRED INSPECTIONS
LOCATION INFORMATION
658 BADGER ST
SEBASTIAN HIGHLANDS UNIT 2
31380100003108000012.1
OWNER INFORMATION
ANDREW MICHAEL & ALINA DAVIS
658 BADGER ST
(954) 901.1640
FINAL ENGINEERING
THIS PERMIT BECOMES NULL AND VOID IF CONSTRUCTION AUTHORIZED IS NOT COMMENCED WfTHIN 180 DAYS FROM ISSUANCE, OR IF
CONSTRUCTION IS SUSPENDED, OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME.
THE CONTRACTOR HAS CERTIFIED BY SIGNATURE 0' APPLICATION, THIS DOCUMENT AND PLANS AND SPECIFICATIONS ARE TRUE AND CORRECT_ ALL PROVISIONS D'
LAWS AND ORDWANCES GOVERNING TH!S TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED OR NOT.
" NOTICE " IN ADOTION TO THE REQUIREMENTS OF T41S PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS APPLICABLE TO THIS PROPERTY THA` MAY BE FOUNLI
'N THE PUBLIC RECORDS OF THIS COUNTY, AND THERE MAY BE ADDITIONAL PERMITS REQUIRFD FROM OTHER GOVERNMENTAL AGENCIES SUCH AS WATER i
MANAGEMEN' DISTRICTS, STATE AGENCIES, OR, EOCRAL ACENCIES. I
** WARNING TO OWNER **
YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING
TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE
RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND
TO OBTAIN FINANCING, CONSULT YOUR LENDER OR AN ATTORNEY BEFORE RECORDING
YOUR NOTICE OF COMMENCEMENT.
THIS PERMIT SHALL BE AVAILABLE ON SITE AT ALL TIMES. INSPECTIONS SHALL BE COMPLETED PRIOR TO PERMIT EXPIRATION TO AVOID ADDfTIONAL FEES.
REQUEST INSPECTIONS: By phone at 772-589-5537 OR online at www.mygovernmentonfine.org
D15
37 of 214
D16
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38 of 214
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40 of 214
D19
Andrew & Alina Davis
658 Badger Street, Sebastian, FL 32958
Lot: 12; Block:108; Subdivision: Sebastian Highlands Unit 2
PETITION IN FAVOR OF A 15 INCH FENCE VARIANCE
We are seeking a variance for the portion of our 6-foot vinyl fence with the gate, on the North side of the house,
which extends beyond the front plane of our home by 15 inches. We were forced to make this adjustment at
the last minute as it was determined that the septic drain field was thoughtlessly buried across the front plane
of the house and there was no alternative to properly install the posts for the gates. The requested variance is
only for the length of fence including the gate to the NE corner post in the front. We would be grateful for your
signature to show support for this adjustment and that you have no reservations or reasons to oppose this
variance.
Street Address
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EXHIBIT El
Red = 6-foot High Fence
Blue = 4-foot High Fence
OPTION A:
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OPTION B:
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APPLICANT'S REQUEST (Requires a variance)
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42 of 214
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OPTION D: (Requires a variance)
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43 of 214
SEBASTIAN
CENTENNIAL CELEBRATION
1914 •2014
SEBASTIAN CITY COUNCIL
WORK SESSION
MINUTES
WEDNESDAY, JANUARY 24, 2024 — 5:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. Mayor Dodd called the Work Session to order at 5:00 p.m.
2. A moment of silence was held.
3. The Pledge of Allegiance was recited.
4. ROLL CALL
Mayor Ed Dodd
Vice Mayor Kelly Dixon
Council Member Fred Jones
Council Member Bob McPartlan
Council Member Chris Nunn
Staff Present:
City Manager Brian Benton
City Attorney Jennifer Cockcroft
City Clerk Jeanette Williams
Community Development Director Alix Bernard
Community Development Manager Dorri Bosworth
Parks and Recreation Director Richard Blankenship
Deputy City Clerk Catherine Walker
Police Chief Dan Acosta
Police Lt. Dino Savvidis
5. NEW BUSINESS — DISCUSSION MATTERS
A. PROCEDURAL DISCUSSION/REOUEST FOR DIRECTION:
The City Attorney said she wanted to discuss some housekeeping matters and receive
direction from City Council.
44 of 214
City Attorney Work Session
January 10, 2024
Page 2
(1) Removal of citizen board alternates from participation or deliberation of
matters on the dais per Robert's Rules of Order.
She cited the current code requiring alternates to attend all board meetings.
She said while they could be there, they shouldn't be participating on the dais
particularly when it is quasi-judicial and it should only be discussed by
members with the ability to vote on the matter. She recommended that
alternates be available but not included in the discussion.
Council Member Nunn clarified that alternates could still provide input on an
item as a citizen. He also asked that boards understand their role. The City
Attorney offered to train the boards as such.
It was the consensus of Council that alternates not be on the dais during
discussion of matters during citizen board meetings unless needed to fill in for
an absent member and that the City Attorney make any necessary changes,
including bringing back to Council if needed.
(2) Limiting public comment via zoom participation in auasi-iudicial matters
unless aggrieved party/applicant.
The City Attorney said the majority of jurisdictions have done away with
comment provided by zoom and asked if they would consider reasonable
restrictions to help move things along during meetings particularly with quasi-
judicial meetings.
Mayor Dodd added that cross examination is important in quasi-judicial
proceedings. He asked if they should allow zoom comment on agenda items.
Three members said they should probably do away with zoom input. Council
Member McPartlan suggested they require pre -registration for those that
might have an emergency and unable to attend. Council members expressed
concern about input by persons unverifiable or artificial.
The City Attorney confirmed with the input that she just received, that they
would do away with zoom input for all agenda items including discussion at
the board and committee meetings.
(3) Speaker oath cards.
The City Attorney suggested speaker oath cards be used for the quasi-judicial
agenda items so in case something is appealed, they have a good record.
The Council discussed having speaker oath cards and the benefits of same.
45 of 214
City Attorney Work Session
January 10, 2024
Page 3
It was the consensus of Council that speaker oath cards should be used for the
future in public hearings and that the City Attorney make any necessary
changes, including bringing back to Council if needed.
(4) Amendments to procedures for removal of citizen board members.
The City Attorney said there have been a few instances of discussion on the
reasons for removing a board member. She suggested that the Council should
consider having the board members serve more at their pleasure than the
current code has structured with respect to removal.
Mayor Dodd suggested the chair of a board should submit a request to the
City Attorney to have the Attorney investigate the board member's
participation or reasons for removal.
Mayor Dodd said he would like to see more training because unless the board
is meeting, members shouldn't be making statements on behalf of that board.
The City Attorney offered to look into simplifying the removal process.
Mayor Dodd suggested that the City Attorney would serve as the mediator and
then come to Council if they felt the board member was not going to be a
productive member of the board.
It was the consensus of Council that the City Attorney make adjustments to
the current code to simplify removal of board members and bring it back to
Council for consideration.
(5) Establishment of reasonable time limits for participants in quasi-judicial
hearings.
The City Attorney discussed suggestions regarding time limit during items on
the agenda. She referred to backup materials which outlined sample times for
limitations on speakers for quasi-judicial items. She stated that since she has
been here, there was at least one applicant that could have spoken all night
using the time as a sales presentation. She asked them to consider a time limit
for their presentations and all other speakers.
Council Member Nunn said that was a good idea since they have the ability to
extend a time limit if needed. Council Member McPartlan said he would like
to see the five minute limit spread across the board. It was the consensus of
Council to implement the time limitations as outlined in the sample backup
and for the City Attorney to bring back any needed changes.
(6) Training for citizen boards & chairpersons.
The City Attorney offered to conduct training with all the boards or one-on-
one or with only the chairpersons. She asked Council for their preference.
46 of 214
City Attorney Work Session
January 10, 2024
Page 4
Mayor Dodd said there should be a separate training session for the chairman
of the boards.
It was the consensus of Council for the City Attorney to schedule training
with chairpersons and the citizen boards.
(7) Anv other chan>~es to Resolution No. R-22-15 (R-24-02) as annroved on
January 10.2024 prior to codification.
She advised that she would codify all of the changes they discussed tonight.
B. TRAINING SESSION
The City Attorney directed Council's attention towards the PowerPoint in their backup
and went over the last page of hot topics.
(1) Ethics and Law
(2) Parliamentary Procedure
(3) Decorum/Hot Topics
6. Being no further business, Mayor Dodd adjourned the Work Session at 5:48 p.m.
Approved at the February 14, 2024 Regular City Council meeting.
Mayor Ed Dodd
ATTEST. -
Jeanette Williams, City Clerk
47 of 214
Y,
`' .I
k'
im
SEBASTIAN
CENTENNIAL CELEBRATION
1914.1014
SEBASTIAN CITY COUNCIL
REGULAR MEETING
& COMMUNITY REDEVELOPMENT AGENCY (CRA)
MINUTES
WEDNESDAY, JANUARY 24, 2024 — 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Dodd called the Regular City Council meeting to order at 6:00 p.m.
2. A moment of silence was held.
3. Vice Mayor Dixon led the Pledge of Allegiance.
4. ROLL CALL
Mayor Ed Dodd
Vice Mayor Kelly Dixon
Council Member Fred Jones
Council Member Bob McPartlan (arrived 6:12pm)
Council Member Chris Nunn
Staff Present:
City Manager Brian Benton
City Attorney Jennifer Cockcroft
City Clerk Jeanette Williams
Community Development Director Alix Bernard
Community Development Manager Dorri Bosworth
Parks and Recreation Director Richard Blankenship
Deputy City Clerk Catherine Walker
Police Chief Dan Acosta
Police Lt. Dino Savvidis
5. AGENDA MODIFICATIONS
Mayor Dodd asked to add a Human Trafficking Proclamation as Item #C.
6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS
48 of 214
Regular City Council
& CRA Meeting
January 24, 2024
Page 2
BriefAnnouncements:
Saturday, January 27 -Barb Snow's 4th Annual Sweet Tea Sip & Stroll at Riverview
Park — 9: 30am — 5pm
Sunday, January 28 - Barb Snow's 4th Annual Sweet Tea Sip & Stroll at Riverview Park
— lOam — 4pm
Friday, February 2 — Chamber of Commerce Concert in the Park — Johnny and the Blaze
- 5:30pm-8pm
Saturday, February 3 — Four Chaplains Ceremony — Riverview Park — I1: 00am
Vice Mayor Dixon announced the upcoming events. Mayor Dodd added that the City has
been designated as a Tree City USA again.
24.021 A. Barry Shapiro — 6th Annual Vero Beach Sock Drive
Mr. Shapiro said he started the sock drive six years ago with small expectations and it has
grown to fourteen different charities. He noted socks and underwear are the most
requested items by the homeless and this is a small ground level way to help. He
described three events coming up to benefit the homeless. He thanked the business and
religious organizations that are helping with collecting the socks and underwear.
B. Introduction of New Parks and Recreation Director Richard Blankenship
The City Manager introduced and welcomed the New Parks and Recreation Director,
Richard Blankenship and Deputy City Clerk, Catherine Walker. He noted that in the
future, he would bring the new Procurement Manager to the meeting for introduction.
C. "Don't Take the Bait" Video Presentation and Proclamation on Child Trafficking
— Tracv Ruleman. Florida Faith Alliance
Mayor Dodd said he recently watched the presentation at a Florida League of Cities
meeting and he was amazed at the complexity of the problem. He asked that the video be
played to educate all who might be watching.
He read and presented the proclamation to Ms. Ruleman and members of the Florida
Faith Alliance.
7. PUBLIC INPUT
Damien Gilliams, 1623 US Highway 1, thanked the City Manager and his new staff for
assisting him with his business. He described how he went to the County Tuesday to
receive an update on connecting the sewer line to his business. He presented drawings to
the Clerk.
49 of 214
Regular City Council
& CRA Meeting
January 24, 2024
Page 3
8. Mayor Dodd recessed the City Council meeting at 6:28 p.m. and convened the
Community Redevelopment meeting.
A. Motion by Mr. Jones and SECOND by Mr. McPartlan to approve the minutes of
the December 13, 2023 CRA Meeting with a unanimous voice vote of 5-0.
24.015 B. Approve the Design of the Sebastian Lagoon Walk Kiosks to be Placed Along
Indian River Drive in the CRA District (Transmittal. Details)
The City Manager said the City's Signage Master Plan was approved in July 2020 that
included funding for kiosks along Indian River Drive. He said the consultant developed
the design presented to them tonight noting there will be three kiosks along Indian River
Drive. There was no public input.
MOTION by Mr. Jones and SECOND by Chairman Dodd to recommend approval of the
design to City Council passed with a unanimous voice vote of 5-0.
6: 35 pm
24.016 C. Approve Grant Administration Services from CoastalWide LLC for the Working
Waterfront Expansion. Phase 1 (Transmittal. CSA#3. Agreement)
The City Manager said staff was seeking approval for grant administration services for
the Working Waterfront permitting, design and engineering services to expand the
existing area and provide additional dockage for commercial fishing vessels. Mayor
Dodd added that there are some aquatic commercial businesses just south of the
expansion area that will be able to use the new docks.
The Community Development Director explained this was the first step to design the
docks before they move to construction.
In response to Nicolette Mariano, owner of Treasure Coast Shellfish, the Community
Development Director confirmed that the dockage will be used for other aquaculture
businesses.
MOTION by Mr. Nunn and SECOND by Vice Chair Dixon to recommend to City
Council to approve the grant administration services from CoastalWide LLC for the
Working Waterfront Expansion passed with a unanimous voice vote of 5-0.
9. Chairman Dodd adjourned the Community Redevelopment Agency meeting and
reconvened the City Council meeting at 6:39 p.m.
10. CONSENT AGENDA
A. Approval of Minutes — January 10, 2024 Regular City Council Meeting
50 of 214
Regular City Council
& CRA Meeting
January 24, 2024
Page 4
24.022 B. Approve the Use of the City Council Chambers with No Fee for the Florida
Inland Navigation District (FIND) to Conduct Their Quarterly Board Meeting on
Friday, February 16, 2024 (Transmittal)
MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve
Consent Agenda Items A and B passed with a unanimous voice vote of 5-0.
11. COMMITTEE REPORTS & APPOINTMENTS
Council Member Jones reported that at the Indian River County Beach & Shore
Preservation Advisory Committee four derelict vessels were earmarked to be removed by
the end of the year and he displayed the vessels on the overhead. (See attached)
12. PUBLIC HEARINGS
24.023 A. Ouasi-Judicial Public Hearing of Resolution No. R-23-28 — Subdivision
Preliminary Plat for Cross Creek Lake Estates Addition — 24.43 Acres. 35 Lots.
1.43 du/acre — Powerline Road/Yearline Trail — VLDR Future Land Use (Very
Low Densitv Residential. Max 3 units/acre) — RS-10 Zoning District (Residential
Single -Family) (Transmittal. R-23-28. Staff Renort. School Concurrencv Letter.
Environmental Renort. Scrub Jav Renort. Annlication. Preliminary Plat. Survev)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A PROJECT KNOWN AS
CROSS CREEK LAKES ESTATES ADDITION, A 35-LOT RESIDENTIAL
SUBDIVISION CONSISTING OF 24.43 ACRES LOCATED ADJACENT AND
SOUTH & WEST OF CROSS CREEK LAKE ESTATES AND YEARLING TRAIL;
PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR SCRIVENER'S
ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read the title to Resolution R-23-28. There were no ex parte
communications to disclose. The City Clerk swore in those who intended to provide
testimony
Warren Dill, attorney for the applicant introduced Dr. Henry Fischer, who was present as
well as the project engineer, Joe Schulke. They were requesting approval of the
preliminary subdivision plat for Cross Creek Addition. He said they were putting 35 lots
on 24 acres making the density 1.43 units per acre. He said when the parent parcel was
annexed into the City in 2004, the City has an annexation benefit program that required
developers to demonstrate a benefit the annexation would give to the city in addition to
the usual things. At that time, Dr. Fischer's benefit was that he would pave Powerline
Road from Barber Street to the entrance of Cross Creek Lake Estates and subsequently
Council asked him to pave up to the southern boundary of the property. He described
how in 2004, the preliminary plat was presented to Council with a second access on
Shakespeare Street and had that gone through, there would be no issues but some
residents showed up and convinced Council to deny the use of Shakespeare so it was
51 of 214
Regular City Council
& CRA Meeting
January 24, 2024
Page 5
7: 04 pm
redesigned with an "adjustment to the subdivision regulations." This redesign mandated
that the emergency access could count as the secondary access and Dr. Fischer
considered the matter finished.
Mr. Dill continued to say in 2005, Cross Creek "Addition" came in and Dr. Fischer was
required to provide another annexation benefit which was the paving of Powerline Road
all the way to County Road 510. It was always intended that the "addition" would be a
phase to Cross Creek Estates because it was landlocked and the declaration of covenants
recorded in 2013 included the future of the addition. In 2019/2020 there was discussion
to prepare for the addition but the City's position was that it was a whole new subdivision
because it wasn't included in original 2004 preliminary plat.
In working with staff, it was concluded that all of the new requirements had to be met,
the main entrance could be used but a secondary access was needed. He stated five
reasons why the addition should be considered a phase:
Given the history of the property, how long it had been in City, the
annexation benefits, it is landlocked and the deed restriction have always
contemplated this to be a phase
The residents of Shakespeare, Lanfair, Memorial and Lighthouse do not
want an access on Shakespeare
Prior to City Council action in denying the use of Shakespeare it should
not be now used against them
There are two access points — the main entrance and emergency access
Council recently sealed the fate of Shakespeare when the River Oaks
Preserve Subdivision was approved with the understanding that there will
never be access on Shakespeare.
Mr. Dill requested Council to approve Resolution No. R-23-28 with the deletion of the
requirement to construct a secondary access as well as the requirement to give a
recreation benefit for the public because it is landlocked without public access. He noted
they do have 1.28 acres for recreation with an internal boat ramp for the residents.
The Community Development Manager asked that the staff report be entered into record
and confirmed it is 24 acres, with 35 single lots which is 1.43 dwelling units per acre.
She said in 2013/2014 there was a document recorded that added these 24 acres into the
covenants and deeds restrictions which does not make the addition in compliance with
the City's code and she noted the City does not have any documents or plans showing the
24 acres would be a future phase. In 2019/2020 the City did review and approve a plat
for the 24 acres (22 lots) with an emergency access on Shakespeare Street but at that time
River Oaks had not come in with their new application so there wasn't a connection to
CR510. There was a petition from the residents who were requesting the emergency
52 of 214
Regular City Council
& CRA Meeting
January 24, 2024
Page 6
7: 41 pm
access. Since construction drawings weren't submitted within 18 months, the plan
expired. There has always been a requirement that a subdivision with 25 lots or more
does require two full accesses.
She noted the Code does allow for an adjustment for one full access and one emergency
access but it is an emergency issue now with the increased 35 lots. She said staff still
feels that another emergency access is needed in case of flooding, fire, or traffic accident
backup. She noted it is designed on the last page of the preliminary plat and it would be
regulated by the homeowners association. She said the three options provided by staff
would be take into consideration some of the information that Mr. Dill offered if they felt
that another adjustment should be granted to consider this part of the parent parcel or if
they did not feel the need for a second emergency access or second full access.
The Community Development Manager also explained the recreation requirement is
designed to help with the new growth the subdivision will bring to the City-wide
amenities that will be used. If recreation -in -lieu is used, Dr. Fischer could put the
appraised value of one acre into a trust fund to go with property when it becomes
available in the same area that recreation impact fees would address.
She noted that the applicant is seeking two other adjustments to include the proposal of
four fire hydrants and a stabilized access easement to connect the two northern and
southern cud -de -sacs for emergency vehicles as well as having property owners install
lamp posts on their individual properties to take the place of street lights.
Mayor Dodd said he could support recommendation C with language stating that the City
considers the emergency reestablished as its second entrance.
Mayor Dodd called for a recess at 7:24 p.m. and upon return at 7:31 p.m. all members
were present.
Council Member McPartlan said he was in agreement with recommendation C and the
donation of land for the community to use.
Council Member Jones and Vice Mayor Dixon also agreed with recommendation C.
Council Member Nunn asked if the development could turn the emergency access into a
permanent entrance in the future. The Community Development Manager advised that
they should include the emergency access only for emergencies in perpetuity in their
motion.
The Community Development Manager said there were some guidelines in the code to
determine fair market value for recreational land in the same area of the subdivision
Colleen Sherry, resident of Cross Creek Lake Estates, suggested requiring the applicant
to purchase land to connect the subdivision to CR510 as she was opposed to opening the
main entrance to the construction trucks and the public.
53 of 214
Regular City Council
& CRA Meeting
January 24, 2024
Page 7
7: 56 pm
Diane Spagnolia, Lanfair Avenue, said all access would be insane because Lanfair
doesn't connect anywhere.
Paul Jamieson, 603 Yearling Trail, said what they were planning wasn't the greatest thing
for the neighborhood but if it was to be passed, he supported recommendation C.
Dr. Jeff Carrier said he agreed with Mr. Dill; he is in favor of recommendation C.
Ron Silvan, 505 Yearling Trail, said the emergency gate isn't paved and slopes down to a
retention pond. He also said in the back 25 acres, people are hunting wild hogs so it is
currently open for recreational game.
Mr. Dill said they could use the main entrance or emergency access as the construction
entrance. He noted the homeowners association does plan to charge the new residents a
$1,000-1,500 fee to repair any damage that might happen due to construction.
The Community Development Manager stated that staff is recommending option B
however if Council goes with another option, the motion should include any adjustments
regarding the second entrance or recreation fee.
Mayor Dodd said he would prefer some parameters for the one acre requirement. Vice
Mayor Dixon said she would like to see the original conditions for the parent parcel.
The Community Development Director offered to bring the language back at a future
date.
The Community Development Manager cited the regulation and noted it would have to
be worked out before the final platting of the subdivision.
The City Manager said the code leaves the option open to allocate a dollar amount or go
with a fair market assessment of one acre.
Council Member Nunn said the appraisal should be done in the same recreational district
that they are in.
MOTION by Mayor Dodd and SECOND by Vice Mayor Dixon to approve Resolution R-
23-28 that they replace section 3B with the language that is contained in option C on page
63 of the agenda packet.
Roll call: Council Member Nunn - aye
Mayor Dodd - aye
Vice Mayor Dixon - aye
Council Member Jones - aye
Council Member McPartlan - aye
Motion carried. 5-0
54 of 214
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& CRA Meeting
January 24, 2024
Page 8
13. UNFINISHED BUSINESS - None
14. NEW BUSINESS
24.024 A. Consideration of First Amendment to Lease Agreement with Crab E. Bill's. Inc.
and Authorize the Mavor to Execute Appropriate Documentation (Transmittal,
Amendment. Lease. Inventory Sheet)
Mayor Dodd explained the building has been condemned for the last two years and the
problem is with the building which can't be fixed with Crab E Bills operating in there.
Council Member McPartlan added that the building is old but not historical.
Carmine Leonetti, manager at Crab E Bill's, said he loves the city and hopes Council will
continue to honor the Stan Mayfield Working Waterfront grant highlighting the
fishermen by giving them a chance to stay open.
Michael Krishner, Crab E Bill's employee, said he understands closing the restaurant
portion but there wasn't a need to close the market portion as well.
Susan Andrews, President and CEO of Crab E Bills, said she didn't see an issue to
keeping the market open while the back of the building was worked on.
Alice Teppermarlin, 116 South Carmel Court, said Crab E Bills is a real treasure. She
asked that the market be allowed to remain open during repairs.
Beverly Hipkins, Vero Beach, said she has been a long time customer of Crab E Bills.
Scott Bayman, Vero Beach, said he has been a customer for 17 years and asked Council
to do what is necessary to leave the market open.
Ron Gaber, Indian River Shores, said he and his wife are long-time customers of Crab E
Bills and while Hurricane Harbor isn't historically designated, it is still part of
Sebastian's history. He asked Council to preserve the building.
Eric Beaters, Melbourne, said he has been running a commercial spear fishing operation
out of Sebastian and it is critical to allow Crab E Bills to continue their business in the
current location.
Roland Mulsuski, Sebastian, asked Council to do everything they can to preserve the
building.
Cathy Cheshire, Indian River Drive, said the building is still standing after so many
hurricanes and asked Council to give Crab E Bills another chance.
55 of 214
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& CRA Meeting
January 24, 2024
Page 9
8: 45 Pm
Nancy Lucasto, Vero Beach, said the iconic nature of the building truly lends itself to
what we are trying to do on the waterfront. She asked Council to think of a plan to save
the building.
John Danise, 164 Copley Terrace, said he walks the waterfront four times a week and
fears the waterfront will be condos.
Jill Moler said Crab E. Bills has the best seafood and is an essential part of the economy.
Nicolette Mariano, owner of Treasure Coast Shellfish, said Crab E Bills is one of the only
two businesses in town that purchases her oysters; if it closes, it will financially impact
her business.
Peggy Atkinson asked Council to preserve the authenticity of local entrepreneurship.
Matson Scott asked Council to support Crab E. Bills.
Cody Hume said Crab E Bills has given him the opportunity to sell his fish. It would
detrimental to take Crab E Bills away.
David Barney, 1550 Penlynn Street, said there isn't a better fish monger than Crab E
Bills; it is possible to keep the market open while repairing the back.
Council Member McPartlan said the Working Waterfront won't ever go away but the
concern is the safety of the building. He noted the City has fulfilled the 10-year lease
obligation and now they need to decide what they are going to do. He said he was in
favor of extending the lease until June.
Council Member Jones said it was a safety issue for him.
Vice Mayor Dixon said she would love to see if it was possible to leave the market open
when repairs are done.
Council Member Nunn said the property will never be developed as condos because it is
tied to the Stan Mayfield Working Waterfront grant. He described how it wasn't possible
to keep the market open while replacing the roof. He said they could all be held
personally liable if something bad were to happen.
Mayor Dodd said Crab E Bills is not synonymous with the building, noting those who
spoke about driving up from Vero to go to Crab E Bills were not visiting the building.
He said while he was looking for solutions to keep the market open an attorney showed
up to threaten to sue the City. He said he was willing to see what can be done since Crab
E Bills didn't create the problem for themselves. He said from his perspective, it isn't a
closed issue because there are other locations that Crab E Bills can move to; he doesn't
want anybody to get hurt in the building.
56 of 214
Regular City Council
& CRA Meeting
January 24, 2024
Page 10
Mayor Dodd put forth an invitation to assist Crab E Bills to stay in business but not in
that building.
MOTION by Council Member Nunn and SECOND by Council Member McPartlan to
approve the amendment lease to keep Crab E Bills in the building until the end of the
season.
Roll call: Mayor Dodd - aye
Vice Mayor Dixon - nay
Council Member Jones - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Motion carried. 4-1
At 9:02 p.m., Mayor Dodd called for a recess. Upon return at 9:07 p.m., all members
were present.
24.025 B. ADnrove the "Piegvback" Emergency Purchase of One (1) Ford F150 4x4 Marked
Patrol Vehicle in the Amount of $52,327.00 from Bartow Ford (Transmittal,
Letter. ADDroval Form. Ouote)
The City Manager said this was an emergency replacement purchase that will utilize
insurance settlement and funds from the Renewal and Replacement Account.
MOTION by Council Member McPartlan and SECOND by Vice Mayor Dixon to
approval the emergency purchase of the Ford F150.
Roll call: Vice Mayor Dixon - aye
Council Member Jones - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - aye
Motion carried. 5-0
24.015 C. ADDrove the Design of the Sebastian Lagoon Walk Kiosks to be Placed Along
Indian River Drive in the CRA District (Transmittal. Details)
The City Manager said this was previously recommended by the CRA board and staff
recommended approval of the kiosk design.
MOTION by Vice Mayor Dixon and SECOND by Council Member Jones to approve the
design of the kiosks to be placed along Indian River Drive passed with a unanimous
voice vote of 5-0.
Roll call: Council Member Jones - aye
Council Member McPartlan - aye
57 of 214
Regular City Council
& CRA Meeting
January 24, 2024
Page 11
Council Member Nunn - aye
Mayor Dodd - aye
Vice Mayor Dixon - aye
Motion carried. 5-0
24.016 D. Approve Grant Administration Services from CoastalWide LLC for the Working_
Waterfront Exnansion. Phase I (Transmittal. CSA#3. Agreement)
The City Manager said this was for the permitting, design and engineering services to
create additional dock space for commercial fishing vessels and potential future oyster
and aquaculture farms.
MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve the
grant administration services from CoastalWide LLC for the Working Waterfront
Expansion.
Roll call: Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - aye
Vice Mayor Dixon - aye
Council Member Jones - aye
Motion carried. 5-0
24.026 E. Approval of Budget Calendar for Preparation of the Annual Budget and Capital
Improvement Program for Fiscal Year 2024-2025 (Transmittal. Calendar)
Mayor Dodd said he would like to put together a better charter for the Budget Review
Advisory Board because in the past few years they seem to be reviewing the reports from
staff and with this calendar, City Council will be the second entity reviewing the budget
after the fact. He suggested that Council provide comments to the City Manager on what
they would like the board to do in the budget process prior to the next Council meeting.
The Finance Director explained that he puts together the summaries to provide
transparency and said there wasn't much value in meeting the six times prior to the
adoption of the next budget.
Council Member Nunn said his appointee revealed to him that what they seem to do is
review what was spent already and maybe they should be involved in the before -hand
process.
Vice Mayor Dixon said including them in the process would almost be as if there is too
many cooks in the kitchen; it would be challenging as she understands their desire to
want to be a part of it.
Council Member Jones said he would still like to have other eyes on the budget from a
public prospective.
58 of 214
Regular City Council
& CRA Meeting
January 24, 2024
Page 12
Council Member McPartlan noted there are many valuable members on the committee
who do question things. He said given the two planned workshops maybe some of the
board meetings could be cut down but he does like their oversight.
Terry McGinn said the Finance Director does bring in a good presentation and some
members do spend time with the detail and some don't. He suggested they change the
process and invite the board to the Council's workshops.
MOTION by Mayor Dodd and SECOND by Vice Mayor Dixon to approve the budget
calendar for preparation of 24/25 budget passed with a voice vote of 5-0.
15. CITY ATTORNEY MATTERS - None
MOTION by Mayor Dodd and SECOND by Council Member McPartlan to extend the meeting
to 10:00 p.m. if needed.
16. CITY MANAGER MATTERS
The City Manager said the new Parks and Recreation Director has advised him that there
is a federal land and water conservation grant opportunity to help with the Riverview
Park Master Plan. He asked for approval to submit the grant application by January 31".
It was the consensus of Council to apply.
17. CITY CLERK MATTERS - None
18. CITY COUNCIL MATTERS
A. Mayor Dodd said the centennial booth was at this last weekend's Fine Art and
Music Festival and it was a blooming success.
B. Council Member McPartlan - None
C. Council Member Jones - None
D. Council Member Nunn - None
E. Vice Mayor Dixon said the art festival was wonderful.
19. Being no further business, Mayor Dodd adjourned the Regular Meeting at 9:27 p.m.
Approve at the February 14, 2024 Regular City Council meeting.
Mayor Ed Dodd
A=T.-
59 of 214
SEBASTIAN
(1 MIIMMI�1 <111 �t1IlOM
Ili/ /CII
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetine Date: February 14, 2024
Aeenda Item Title: Request from the Natural Resources Board to sell alcohol (beer only) at the
upcoming Earth Day Celebration in Riverview Park.
Recommendation: Consider the Natural Resources Board request to serve beer at the Earth Day
Celebration on April 20, 2024.
Backeround: Pursuant to Section 74-4.7, requests to serve alcohol at City sponsored events in Riverview
Park require City Councils approval. The Natural Resources Board hosts the City's annual "Earth Day
Celebration" at Riverview Park on the last Saturday in April of each year. The Board is requesting the
addition of alcohol to this year's event. The event date is Saturday, April 20`" and the event will take place
from 9:OOAM to 4:OOPM. The request for consideration is as follows:
The Natural Resources Board would like to sell alcohol (draft beer) during the Earth Day Celebration
event. The Rotary Club of Sebastian Recreational Foundation, Inc. will be the host and will be serving the
Centennial beer "Teddy" on tap. In addition to the beer sales they will be selling pizza from a wood oven,
soda, and providing a water station all at no cost to the City of Sebastian. Proceeds from the sales will be
earmarked for a to be determined Lagoon Project.
If Aeenda Item Reauires Expenditure of Funds:
Budgeted Amount: NA
Total Cost: NA
Funds to Be Utilized for Appropriation: NA
Attachments:
1, The Rotary Club of Sebastian Proposal.
Administrative Services Department Review: _
City Attorney Review: A —
Procurement Division RLew, if applicable: N1/4
City Manager Authorization:
Date: -� h / a o zy
60 of 214
I just got board approval to do the beer, water and possible soda at Earth Day along with the
Pizza oven. We are a go.
Proceeds are ear marked for the to be determined lagoon project. Lost year we made $500 and
hope with the Pizza oven can add to that fund. Once we have enough money to complete a
project, we will start it.
As last year we will use the compostable/recycling cups. We will also have a water dispenser for
people to fill their jugs with water. We have to figure out if we will be able to do soda.
There will be no cost to the city. We will run this through our Foundation and provide the city
with a COI for liability (liquor) insurance.
We need to be near a water source for cleanup and for fire protection. So maybe we can be up
by US 1 not to close to Harrison St
We will provide all the equipment, fire rated tents and clean up.
Let me know if you need anything else. Looking forward to helping out and enjoying Earth Day
PS: If the city will allow us, would we be able to plant a tree somewhere in the park as a Rotary
Memorial Tree? Just a thought.
Take Care and God Bless our Soldiers,
Click my picture to visit my website
., ,.( :.l I lII- ; i:l 1, Il l Ara PIT
4.772.321.3916
.y
F
f , G COLDWCLL.OANKCO PAPADISr
From: marc.eineras@cbparadise.com <marc.ginRrasCla cboaradise.com> On Behalf Of Joshua Simpson
Sent: Friday, January 26, 2024 10:19 AM
To: MARC.GINGRAS(@CBPARADISE.COM
Cc: FGordian(@citvofsebastian.ore; ABernard(@citvofsebastian.ors
Subject: FW: Per our conversation - Earth Day 2024
Good Morning Marc
I just wanted to check in with you to see if you received the email below ?
I'm looking to see if you had a chance to hash things out and whether we can plan to go forward with getting this on the
council's agenda for Feb 14"'.
Thanks Again.
5
61 of 214
JOSHUA SIM PSON
ZONING TECHNICIAN
COMMUNITY DEVELOPMENT
CITY OF SEBASTIAN
OFFICE 772-388-8221
isimmon a itvofsebastian.orl
OF
f13AST14N
HOME OF PELICAN ISLAND
From: Joshua Simpson
Sent: Wednesday, January 3, 2024 1:09 PM
To: 'MARC.GINGRAS@CBPARADISE.COM'
Cc: Alix Bernard; Felicia Gordian
Subject: Per our conversation - Earth Day 2024
Good Afternoon Sir.
As per our conversation this morning about beer service again this year for Earth Day 2024 , We are looking to move
forward to planning for this and to get it to City Council for approval at their February 14, 2024 meeting.
In my efforts to submit the transmittal to council in time , I would like to establish the parameters so that it can be
included in the document placed before them.
If possible I would need a little bit of info before proceeding.
Will the proceeds be going to the Rotary Club's Lagoon Project again this year?
Who will be supplying the beer for the event?
Will the City of Sebastian incur any associated costs for the beer service ?
I know we talked about possibly doing Pizza as well , I would just need to know if that in fact is something that will
happen or will not happen so that I can approach the proper planners for site location , as well as what is required by the
Fire Marshall / Building Department before hand?
Please let me know and I will move forward with getting this in front of council for their approval.
I look forward to hearing from you.
Thanks Again Marc
JOSHUA SIMPSON
ZONING TECHNICIAN
COMMUNITY DEVELOPMENT
CITY OF SEBASTIAN
OFFICE 772-388-8221
isimnson P)citvofsebastian.org
C17N OI`
S F)3-ASTL,6N
HOME OF PELICAN ISLAND
62 of 214
SEBASTIAN
(INIINNIAI (HIBRAtION
1111.)0)!
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: February 14, 2024
Agenda Item Title: Approve Amendment #3 to ITB 23-15 for Citywide Swale Improvements in
Conjunction with Roadway Repaving
Recommendation: Staff is recommending City Council approve Amendment #3 to ITB 23-15
for Citywide Swale Improvements in Conjunction with Roadway Repaving
to remove the retainage clause and update invoicing terms and authorize the
City Manager to execute
Background: On October 11, 2023 the City selected Conlon Landscaping, Inc. as its
contractor to complete citywide swale improvements in conjunction with roadway repaving. The contract has
been moving forward on proceeding with the 2022 swale work as well as the 2023 swale work. At this time,
the City and contractor would like to update the invoicing process and protocols for smoother project
facilitation.
The ITB 23-15 contract signed by both parties includes a retainage clause as well as a monthly invoicing
requirement. The City and contractor recommend removing the retainage clause as this type of retainage is
typically included in public improvements projects, such as construction of public buildings per the Florida
Statutes. This contract falls more in line with a landscaping project/award, which does not typically include a
retainage clause. The City Staff has put in place explicit protocols for project coordination and final
inspection of the work prior to payment we feel are sufficient to ensure the project is completed to the City's
requirements. In addition, invoicing twice a month allows for more frequent site inspections.
This amendment causes no change in cost for the project and merely changes invoicing procedures. City
Staff is recommending Council approve Amendment #3 to ITB 23-15 to allow for a smoother project
invoicing and coordination between all parties including the City, the selected contractor, and their
subcontractors and that the City Council authorize the City Manager to execute the Amendment.
If Agenda Item Reauires Expenditure of Funds:
Budgeted Amount: $1,520,035.50 for FY 2022-2024
Total Cost: $0
Funding: Discretionary Sales Tax on Major Repairs
Local Option Gas Tax on Resurfacing
Attachments:
1. Amendment #3 ITB 23-15
2. ITB 23-15 Bid Sheet
3. ITB 23-15 Signed Agreement
Administrative Services Department Review: �-
City Attorney Review: ��� C/� L-t
Procurement Division li cGiew, if applicable:
V
City Manager Authorization:
Date:
63 of 214
oncf
SEBASTU%
HOME OF PELICAN ISLAND
Monday February 5, 2024
Administrative Services Department
Procurement Division
1225 Main Street
Sebastian, FL 32958
(772)388-8232
AMENDMENT #3
TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN
PROJECT NAME AND NUMBER:
ITB# 23-15 — CITYWIDE SWALE IMPROVEMENTS IN CONJUNCTION WITH ROADWAY
REPAVING FOR THE CITY OF SEBASTIAN
FROM: Jessica Graham
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
772-228-7056
i ess-raham(a)citvofsebastian.or2
TO: Conlon Landscaping, Inc.
With this Amendment#3 to RFP#23-15 awarded on October 19, 2023 the City is removing section 13.2
RETAINAGE from the contract. As this is not for construction project "i.e. constructing a public
building" the retainage clause is deemed unnecessary. All future invoices will not have a retainage
withheld.
In addition the City is editing Section 13.1 PAYMENT REQUESTS/INVOICES to allow bi-monthly
invoicing, or invoicing twice a month.
CITY OF SEBASTIAN, FL
Title:
Date:
CONLON LANDSCAPING, INC.
W.
Title:
Date:
Page 1 of 1
64 of 214
The Bidder agrees, if this Bid is accepted, to timely execute a contract with the City, pursuant to the terms
and conditions of the Contract Documents and to furnish the documents, equipment, machinery, tools,
apparatus, means of transportation, and all labor necessary to complete the Work.
The individual signing the Bid Form represents by signing, that he/she is duly authorized to sign on
behalf of the Bidder and that all information and documents submitted in response to the ITB are to the
best of his/her knowledge are true, accurate, and complete as of the submittal date.
BID PRICE
Bidder's TOTAL BID AMOUNT includes the total cost for the Work specified in this solicitation,
consisting of furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit
required, in accordance with the Contract Documents.
BID SHEET FOR
THE CITY OF SEBASTIAN — CITYWIDE SWALE IMPROVEMENTS IN
CONJUNCTION WITH ROADWAY REHABILITATION
NO. I DESCRIPTION I UNIT I QTY I UNIT PRICE
1 Earth/Site Work
Grading Swale (from edge of pavement to
1.1 edge of right of way) — includes sod removal
LF
and quarter round removal if applicable
1.2 Site Restoration (Sod) - Bahia
SF 1
4
13 Site Restoration (Sod) - Floratam
4� 1
s Q
Firm's Name: 1 O e sc',g jLL(, T_A.1C .
SSN or Federal ID No.:,Ap• (3a 51 _J' Telephone No.: '7r%//2. 3�(Y• 5 -74i
E-Mail Address ntm , s �N""n �d Facsimile No.: IV /A
al I, corn
City/State/zip: ��-4j �TF� ��'
Printed Name/Tid : W!y Signature:
�
l bwTEND OF SECTION
Failure to fullv complete, scan and submit this Price Form may result In reiectlon of the submittal
34
65 of 214
ITB AGREEMENT 23-15 CITYWIDE SWALE IMPROVEMENTS IN
CONJUNCTION WITH ROADWAY REPAVING
This Agreement is entered into bw the narties this 19th day of October. 2023.
1. PARTIES:
CITY OF SEBASTIAN, a municipal corporation of the State of Florida, (City).
and
A. CONLON LANDSCAPING, INCORPORATED (Contractor).
2. DESIGNATED CONTACT PERSON AS TO
CITY:
Karen Miller (PROJECT MANAGER)
Public Works Director/City Engineer
1225 Main Street
Sebastian, Florida 32958
Phone: 772-228-7056
Cell: 772-584-9014
Email: kmiller@cityofsebastian.org
3. DESIGNATED CONTACT PERSON AS TO
CONTRACTOR:
John Conlon, President
Conlon Landscaping, Inc.
706 S. Easy Street
Sebastian, Florida 32958
Phone: 772-388-5741
Cell: 321-228-6973
Email: conlonlandscapinginc a)gmail.com
4. NOTICES. All notices between City and Contractor, as required under the Agreement, shall be in writing
and in the form of 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.
5. TERMS OF AGREEMENT AND COMMENCEMENT OF SERVICES. This is a five (5) year
agreement and the effective date of the agreement is estimated to begin on Wednesday, October 25,
2023 and shall be fully completed with all invoices submitted no later than October 30, 2028.
6. ENTIRE AGREEMENT. This Agreement, and its associated Invitation to Bid (ITB) Documents
referenced herein, together with any executed Addenda, if any, shall constitute the entire Agreement
between Contractor and City (hereinafter referred to as the "Agreement"). 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) provisions of this agreement, (2) provisions
of the Invitation to Bid, (3) provisions of the Purchase Order, (4) provisions of the Contractor's Bid, (5)
provisions contained in any governmental regulation incorporated herein by reference, and (6) a fully
executed Amendment to this Agreement. There are no understandings or agreements except as herein
expressly stated.
7. AGREEMENT DOCUMENTS.
1. Exhibit "A"- Contractors Bid Document
2. Exhibit "B" - Roadway Rehabilitation Plans
3. Exhibit "C" - Original City Bid Document
4. Exhibit "D" - Addenda
CITY OF SEBASTIAN, FLORIDA Initials
ITB 23-15, CITYWIDE SWALE IMPROVEMENTS IN CONJUNCTION WITH ROADWAY REPAVING 1 of 14
66 of 214
8. 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 services, 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.
9. SERVICES PROVIDED BY CONTRACTOR. The services to be provided by
Contractor are in the Scope of Work and in Exhibit "A" attached to this agreement
and as stated in the bid documents and addenda, if any. 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.
10. CITY'S 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 Technical Specifications and
all technical questions as to the acceptable fulfillment of the Contract on the part of the
Contractor shall be referred to the City Manager who will resolve such questions. At all
times, all work shall be subject to inspection and review by the Project Manager and the
City. In addition, the inspection and review may also include and apply to the tools and
equipment used by the Contractor for the performance of Work.
11. MATERIALS, SERVICES. AND FACILITIES. It is understood that, except as
otherwise specifically stated in the Contract Documents, Contractor shall provide and pay
for all materials, labor, tools, equipment, water, light, power, transportation, supervision,
temporary construction of any nature, and all other sences and facilities of any nature
whatsoever necessary to execute, complete, and deliver the completed Services within the
specified time.
12. COMPENSATION TO CONTRACTOR. Compensation to be paid to Contractor for
the provision of the Services agreed to herein shall be per the unit pricing noted in
Section 7, Bid Proposal Price Form, attached to this Agreement.
13. PAYMENT OF PAYMENT REQUESTS. Contractor agrees to schedule a drive
through and/or walk through inspection for each section of the comnleted work with the
City of Sebastian's Proiect Manager or their desianee to verifv work has been comnleted
and in comnletc comnliance of the contract document% prior to invoices being submitted
to the Citv. The Citv of Sebastian reserves the riaht to inspect all work n_ rior to navment
and withhold navment due to unsatisfactory work.
13.1 PavTent Reyyuests/Invoices. Requests for payment for the provision of the Services
provided under the Agreement shall be submitted no more frequently than once per
month. All requests for payment/invoices shall be submitted in sufficient detail to
demonstrate compliance with the terms of the Agreement and to allow for the proper
pre -audit, and post -audit thereof. Upon receipt of Contractor's payment
request/invoice, the City will review such to ensure completion with required
basic information and that the Services covered under the payment request have been
completed in accordance with this AgrecmcnL If it is found that the payment
request/invoice is not complete, or the Services covered under the payment request do
not satisfy this Agreement, the payment request may be rejected.
CITY OF SEBASTIAN, FLORIDA Initials - r M C.._
ITB 23-15, CITYWIDE SWALE IMPROVEMENTS IN CONJUNCTION WITH ROADWAY REPAVING _ 2 of 14
67 of 214
13.2 Retainaae. City shall retain five percent (5%) of the gross amount of each monthly
payment request or five percent (5%) of the portion thereof approved by the City for
payment, whichever is less, up to fifty percent (50%) completion. Thereafter, if on
schedule, the City shall retain two point five percent (2.5%) of the gross amount of
the total of all payment requests paid to date. Such sum shall be accumulated and not
released to the Contractor until final payment is due. Any interim interest on such
sums shall accrue to City.
13.3 Form of Renuest. If any 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".
13.4 Resolution of Pavment Reauest 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 determined by the 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 fortv-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 sixtv (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.
13.5 Pavments to Subcontractors. When Contractor receives payment for services
covered under the Agreement, Contractor must nay such moneys received to
each subcontractor or supplier, and employees in proportion to the percentage of the
services completed by each subcontractor, supplier, or employees within ten (10)
business days after Contractor's receipt of the payment. If Contractor receives less
than full payment, the Contractor shall be required to disburse only the funds
received on a nro rasa basis to its subcontractors, suppliers, and employees, 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.
CITY OF SEBASTIAN, FLORIDA Initials :S V%('
ITB 23-15, CITYWIDE SWALE IMPROVEMENTS IN CONJUNCTION WITH ROADWAY REPAVING 3 of 14
68 of 214
14. WARRANTIES.
14.1 Warranty of Ability to Perform. Contractor shall warrant 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.
14.2 Warranties ajfphW Defects jp W� Contractor shall warrant its services
against �`ec�s m materials and p a minimum period of one -(I) month
izom acceptance of the services by City's Project Manager. Should any defects in
materials, products, services or workmanship appear during the r , period,
Contractor shall replace the materials or Fquiipmment, or repair or re -do, the materials,
products, or services, immediately upon receipt of written notice from City, at no
additional expense to City. Contractor shall warrant such replaced materials, products,
or equipment, or repaired or re -done services, for the term and extensions of this
after acceptance of such by City's Project Manager.
143 W of j�2andard Care. In the performance of professional services, Contractor
willadegree 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,
L." ,..: - &n, or construction of any other provision of this A„ , : L ::, w . I 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 k ."L4., A Services shall be t, ;, 3, 1
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-.wranti-. - Such
assignment shall not relieve Contractor of its warranty obligations for performance or
standard of cane to City under this Agreement
14A jVarranty 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 anv party.
15. PLIC CQ�S. 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 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
Contractor keeps and maintains public records upon completion of the Agreement,
Contractor shall meet all applicable requirements for retaining public records. All records
stood 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
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Agreement and may cancel the Agreement. This provision shall survive termination of
this 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, CITY CLERK AND
CUSTODIAN OF PUBLIC RECORDS, AT 1225 MAIN STREET, SEBASTIAN, FL
32958; EMAIL: �__ :.; PHONE: 772-388-8215.
16. INSURANCE. During the term of the Agreement, Contractor, tit 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 certificates) of insurance, evidencing such coverage. It is
the Contractor's responsibility to ensure that the City has current Ccrtificate(s) of
Insurance at all times during the duration of the agreement, including renewal terms.
16.1 Minimum Insurance Requirements. Contractor shall obtain and maintain for the
duration of the contract insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the work
hereunder by the contract or, his agents, representatives, employees or subcontractors.
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 a contract.
Comprehensive an amount not less than:
General 1 $1,000,000.00 Combined Single Limit per cach occurrence
Liability
Contractor shall submit and maintain worker's
compensation insurance to the extent required by law for all
NVoi kci's their employees to be engaged in work under this contract.
In case any employees are to be engaged in hazardous work
Compensation under this contract and are not protected under the
worker's compensation statute, Contractor shall provide
adequate coverage for the protection of such employees.
The policy(ies) must include Employer's Liability with
minimum limits of $500,000 each accident and a waiver of
Automobile Liability an amount not less than:
1 S1,000,000.00 Combined Single Limit licr cach uccurrence
161
Other Insurance Provisions.
16.2.1 City of Sebastian, its council members, officers, employees and agents arc
to be covered as an Additional Named Insured on all policies except Worker's
Compensation. The coverage shall contain no special limitation on die 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 thirtv (30) day
notice of cancellation and/or changes in policy language, and ten (10) day notice if
cancellation is for nonnavment of premium. The certificate shall indicate if coverage
is provided under a "claims made" or "occurrence" form.
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16.2.2 All required insurance policies must be written with an insurance carrier
having a minimum A.M. Best rating of A+.
16.2.3 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.
16.2.4 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.
16.2.5 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
contract and for any events occurring during the contract period, whether the suit is
brought during the contract 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.
16.2.6 It is the Contractor's responsibility to ensure that all subcontractors comply
with these insurance requirements. Contractor shall include all subcontractors as
insured under its policies or shall furnish separate certificates and endorsements for
each sub -contractor. All coverage's for subcontractors shall be subject to all of the
requirements stated herein.
17. INDEMNIFICATION. The Contractor or its Subcontractors shall indemnify, defend and
hold harmless the City, and its officers and employees, from liabilities, damages, losses, and
costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Contractor or its
Subcontractors and other persons employed or utilized by the Contractor or its
Subcontractors in the performance of the contract; regardless of the negligence of the
indemnitee or its officers, directors, agents, or employees. However, such indemnification
shall not include claims of, or damages resulting from, gross negligence, or willful, wanton
or intentional misconduct of the indemnitee or its officers, directors, agents or employees.
Upon request of the City, the Contractor or its Subcontractors shall, at no cost or expense to
the City, indemnify and hold the City harmless of any suit asserting a claim for any loss,
damage or liability specified above, and Contractor or its Subcontractors shall pay any cost
and reasonable attorneys' fees that may be incurred by the City in connection with any such
claim or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be
construed as the City waiving its sovereign immunity pursuant to 768.28, et seq., Florida
Statutes, or any other sovereign or governmental immunity. This nrovision shall survive
termination of this agreement.
18. CHANGE ORDERS. Without invalidating the Contract Documents, and without notice to the
Surety, the City of Sebastian reserves the right to make changes in the character or quantity of the
Work within the scope of the Bid or Contract Documents as necessary to complete the Work in a
manner satisfactory to the City of Sebastian. The City reserves the right to order Changes to the
amount, type or value of the Work in the Bid or Contract Documents or adjustments to the Contract
Time for completion, all which shall be documented utilizing the City's standard Change Order
Request form and executed in advance by all parties in writing prior to any work under same.
The Contractor is required to complete the Change Order Request form and submit it to the Project
Manager. The form or its attachments must include a detailed breakdown of changes to material
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costs, labor costs, labor rates by trade, and work classification and overhead rates that support the
request and demonstrate its reasonableness. If the Contractor fails to notify the Project Manager of
any schedule changes associated with the bid change, it will be deemed to be an acknowledgement
by Contractor that the work bid will not have any scheduling consequences. Any obligation to
notify surety is to be borne by the Contractor.
19. terminated
F�TION f1 REC VV. The agreement resulting from this 1TB can be
immediately or cause if Contractor is found to have failed to perform services
in a manner satisfactory to the City Upon thirty (30) days' written notice to Contractor,
the City may, for its convenience and without cause, elect to terminate this A„ . L. w .. � � t In
the event of termination, City will be responsible for compensating Contractor only for
the Work satisfactorily completed or partially completed up to the date of termination.
Contractor shall not be entitled to compensation for loss of anticipated profit.
20. LICENS . G AND CE)ITI FICATIONS. Contractor, or its Sub-
contractor s ,shall pay for and possess and maintain during the term of this Agreement
any and all licenses, all required permitting, and certifications required to perform the
Services covered under this A&. ;.:,... , .: as stipulated by the State of Florida and the City
of Sebastian.
21. ADDITIONAL TERMS AND CONDITIONS (alphabetically listed):
21.1 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.
21.2 Banlor Uv or Insolvenev. 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.
213 ComnHagR@ wa Laww�. 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 staters. Violation of such laws shall be grounds
for termination of the Agreement.
21A 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 contract, sub -contract, or arrangement in connection with the
Project covered under this At,. V VY. V . t, or of any property included or planned to be
included in the Project, in which any member, officer, or employee of Contractor or its
subcontractors, during its tenure, or for two (2) vears thereafter, has any interest, direct or
indirect.
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21.5 Corrfcdon of Services. Contractor shall promptly remove from the premises all
Services rejected by City for failure to comply with the Contract Documents, whether
incorporated into the Project or not. Contractor shall promptly, in accordance with Contrad
Documents, replace and re -execute all Services without additional expense to City. Contractor
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 Crtracto •s e-0 If tcontractor does not take action to remove such rejected
Services within two a) cal�dar days ate receipt of written notice from City's Project
Manager, City may remove such Services an their own and store the materials at the expense of
Contractor.
21.6 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 fimding. 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.
21.7 2barrent and SuFu noon. Contractor certifies to the best of their knowledge
and bef, t they and them 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 A,�. — --4 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 contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezalement, 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.
21.8 q�tor� Vendor. Contractor certifies that they are not subject to Section
287.1 2 (a), p`ior[da Statute, which specifies that an entity or affiliate who has been
placed on the discriminatory vendor list may not submit a Bid on a contract to provide any
goods or services to a public entity, may not submit a Bid on a contract 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
a contract with any public entity, and may not transact business with public entity.
21.9 Dispute R Intlon. For any dispute concerning performance of the
which includes without limitation controversies based upon breach of contract, mistake,
misrepresentation, or other cause for contract 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, CTTY SHALL RENDER A
DECISION, REDUCE IT TO WRITING AND SERVE A COPY ON
CONTRACTOR, THE DECISION SHALL BE FINAL AND CONCLUSIVE.
21.10 Disaosal of Wastes. Contractor shall handle any waste materials generated in the
performance of the Services in fill compliance with all laws, regulations, and
requirements of all governmental authorities and those of the City. Contractor shall use
only disposal facilities which have proper permits and are in full compliance with all
Laws. Contractor agrees that the City has the right to reject, for any reason, Contractor's
use of any particular disposal facility. Refer to Section 437 Clean Up in the TIB
Documents. Contractor shall restore m an acceptable manner, or replace all property, both
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public and private, which has been displaced or damaged by the Contractor during the
execution of all work Contractor shall leave the worksites unobstructed and in a neat and
presentable condition. The term "property" shall include, but is not limited to, roads,
sidewalks, curbs, walls, fences, landscaping, awnings, utilities, footings and drainage
structures.
21.11 Documentation. All tracings, plans, specifications, maps, computer files and/or
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 shall not be sold or distributed to third parties without
the written consent of City.
21.12 Drull Free Worlmlace. Contractor certifies that it has in place a Dnig-Free
workplace Program in accordance with the Dru&Free Worltplace Act of 1988 (41 U.S.C.
702 706). Refer to Section 44 and Form G submitted with Bid.
21.13 Enmlovees. PubconhAters and Au_ents. All Contractor employees, subcontractors,
and agents performing any of the services under the A,; , . 6 � 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 moist comply with all security and administrative mqr::.....,", 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 ofy any of Contractor's employee(s), subcontractor(s) 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 ads 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 and insured to do business in the State of Florida and
City of Sebastian, as required by law.
ALL WPJJFAI KNO F- SKILL AND
ORK ASSIGNED TO THEM. ALL
w� S P VESTS OR SAFETY SHIRTS
D ANY STA lNG OF MOT OR CLEAN UP OPERATION.
21.14 Egnal Ennalovment2voranity, Contractor shall not discriminate on the basis of
ex,
race, color, sage, ratio 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 ei seq.),
Ttle YII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), Florida Civil Rights
Act of 1992 (§ 760.10 et seq.), Title 41 CFR Part 60 for compliance with Executive Orders
11246 and 11375, Title 49 CFR 23 and rifle 49 CFR 26 for Disadvantaged Business
Enterprises, Age Discrimination Act of 1975 (42 U.S C § 6101, et seq.), Title 49 CFR 21
and 7711e 49 CFR 23, Nondiscrimination on the basis of handicap, rifle 49 CFR 27,
Americans with Disabilities Act of 1990 (42 U.S.C. 12102, et. seq.), Federal Fair Labor
Standards Act (29 U.S.0 § 201, et seq.), 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
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Opportunity requirements shall be included in all non-exempt sub -contracts entered into
by Contractor. Sub -contracts entered into by Contractor shall also include all other
applicable labor provisions. No sub -contract shall be awarded to any non -complying sub-
contractor. Additionally, Contractor shall insert in its sub -contracts a clause requiring
subcontractors to include these provisions in any lower tier sub -contracts that may in
turn be made. Contractor shall comply with all state laws and local ordinances.
21.15 E-Verification Svstem. Contractor shall comply with 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, _ - :�..:.. Y: �:::: , to
verify the employment eligibility of- (1) all persons employed by Contractor during the
contract term to perform any duties within Florida; and (2) all persons, including
subcontractors, assigned by Contractor to perform work pursuant to this Contract.
Contractors meeting the terns and conditions of the E-Verify System are deemed to be in
compliance with this provision.
21.16 Force Maieure 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 die 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 tlhcreof. Such notice shall be confirmed in writing as soon as
reasonably possible. The party so affected by a Force Majeurc 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 Majcure
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),
pandemic, war, riot, terrorism or insurrection, inability to obtain required permits or
licenses, hurricanes and severe floods.
21.17 Governine Law and Venue/Waiver of Jury Trial. 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. The parties
agree that in the event of litigation arising from this Agreement, that each shall waive any
right to trial by jury.
21.18 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.
21.19 Immigration and Nationality Act. Contractor shall comply with all immigration
laws as outlined in 8 USC § 1324a - Unlawful Employment of Aliens. City will not
intentionally award City contracts 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.
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21.20 Insnectlag. Performance. Sp»grMon. 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 M .: r.: ,... ace 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 requirement& City reserves the right to investigate or inspect, at any time,
whether the provision of the services complies with the A&,;,;,...;,.d 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. ContradgT
&H puneaivise and dirt the omformance of its service and shall be solely r+esnonsible
f�i}r them meth tee arp- peau ces. avo,safe�v of =Rfied
�n and operations.
Contractor errs o . at�t a Prpitp Site aE ash § 91KW_B
supervisor or suoeriatraide�at wh�bave been, desranabep in writing by �aS e
C��ractuep ren tative at the Proiect Site. The supervisor or,,,,., �l w jiav
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 nor or
superintendent hall be oreser� on the Protect Site at all times as rean�nerform
ddeeaauuaattee sucervrsion and coordination of the Contractor's services.
21.21 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 fiunished 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 A�,z .;.:.LL,:..:. Any payment,
whetlier final or otherwise, shall not release Contractor or his sureties from any obligations
under the Agreement.
21.22 L1,11 ated Dam es. The Ci jX shall be enticed to liauidapi daises in the
amount off !!rive Hundred Dollars (S560.00) aer day or eyery that the CogtinctoX is
late in comnle Laq the Wo c for each Work Orders witted for each section.
Said damages shall be de u;=teA v a L`itv from monies due to Contractor.
21.23 Lolfting. 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 !mown 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 two (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
contracts of any kind.
21.24 N o n-CollustQn. 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,
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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.
2125 Non-PeirfgVuangp 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 „r,,:. :,1 by the City. Non-
performance/deficiencies as identified by the City to the Contractor shall be addressed in
the following manner. 1. by verbal communication. Performanceldeficiency must be
resolved by the end of the THIRD day after verbal communication, if not; 2. Written
Notice will be served to the Contractor. Performance/deficiency must be corrected by the
end of the S§C01T day after the Contractor has received the written notice, to the
satisfaction of the City, if not; 3. 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. This does not relieve the Contractor of Liquidated Damages. REPEATED
PERFORMANCEIDEFICMWCIES MAY RESULT IN THE TERMINATION OF THIS
AGREEMENT.
21.26 Protect Coordination. Contractor must commit to participating in regularly
scheduled (i.e. weekly or bi-weekly) project coordination meetings with the Project
Manager. When and where of the meetings shall be solely decided by the Project
Manager.
21.27 T"iect Site Conditions. Contractor shall be deemed to have examined Project
Site(s), applicable, and to have secured full knowledge of all conditions under which the
Services are to be executed and completed.
21.28 Proeee U of Persons. Contractor shall be responsible for the safety of its
employees and the employees of its subcontractors, during the provision of the services.
Contractor shall 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 or any member of the public, or any
damage to any of City's property, the Project Site, or adjacent property.
21.29 Public EnVy Crime. persons or affiliates who have been placed on the
convicted vendor list following a conviction for a public entity crime may not submit
a bid, proposal, or reply on a contract to provide any goods or services to a public entity,
may not pubmit a bid, nroq%aL or reply oq a contract with a public entity for the
construction or repair of a public building or public work; may not submit bidy. amnosals.
or renlies on leases of real property to a public entity; may not be awarded or Worm
work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not ,t h i th anv nublic epti in excess of the
threshold amount provided in s. 2 7.017,1lorida Statutes for CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted vendor list.
2130 Indenendenf Contractor P.4donshia. Contractor Is an independent
contractor to City in the provision of the Services Under this Agreement and is not an
employee, agent, joint -venture, or partner of City.
2131 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.
CITY OF SEBASTIAN, FLORIDA Inklats Z5 AMC-
ITB 23-15, CITYWIDE SWALE IMPROVEMENTS IN CONJUNCTION WITH ROADWAY REPAVING 12 of 14
77 of 214
2132 Retortsaq� "yds. The 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 in accordance with Paragraph 15 above of this Agreement.
2133 Security and ConftdenthWty. Contractor shall comply fully with all security
procedures o City in the p � .. r, , ... ,: , . cc 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.
21.34 SeverabWty. 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.
2135 Sarvlval. All express representations, waivers, indemnifications, and limitations
of liability included in this Agreement shall survive completion or termination of the
for any reason.
2136 Tastes. 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
shall 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. 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.
2137 W yer. The delay or failure by City to exercise or enforce any of its rights under
this A�,. �:...,..:I 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
CITY OF SEBASTIAN, FLORIDA InIdals ='MC
ITS 23-15, CITYWIDE SWALE IMPROVEMENTS IN CONJUNCTION WITH ROADWAY REPAVING 13 of 14
78 of 214
22. AUTHORITY. Each person signing the Agreement warrants that he or she is duly
authorized to do so and to bind the respective party to the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed,
the day and year noted above.
ATTEST (SEAL): CITY OF SEBASTIAN, FLORIDA
BY:
ifty'Clerk
ctte Williams, MMC
rian A. Benton, City Manager
Approved as to form and legality for
Reliance by the City of Sebastian only:
Jc &if,D. ockcroR, F-
Ciorncy
CONTRACTOR
AS:
STATE OF FLORIDA
COUNTY OF IN D-.►r,t At'Ua
SWORN AND SUBSCRIBED before me this �`� day of 2023
by: .7c}rnl M Cchll.rnl as the /� �S1derrT- of
tn/DSGi-F,nl who is personally known to me _ or produced the following:
�Jur l.trn , who appeared: in person _X or via electronic means and who did
_ or did not -�( take an oath.
NOTARY SEAL: (,�L 1'µ-� 'r, 5-1-�--
Notary Public, Stec etfrrlorida
My Commission expires: F7e 1j1,%.c r /car l oLs
CATHERINE E. TESTA
,;: Commission # HH 054261
xA Expires February 16, 2025
?o� wok Bondod Invu Troy Fain lnaur p" 00,365-7019
- . _.. ..ran—x-= ;.--lc•_="c.:-.,-: ^•_-T----.- - - -- - � _. �— } . _ _. _ _,L_,�
CITY OF SEBASTIAN, FLORIDA Initials -TC.
ITB 23-15, CITYWIDE SWALE IMPROVEMENTS IN CONJUNCTION WITH ROADWAY REPAVING 14 of 14
79 of 214
IEBASTIANUR1
®u•flu
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetin 1� )ate: February 14, 2024
Agenda Item Title: Approve Grant Administration Services from Guardian CRM, Inc. for CDBG
Entitlement funding for Annual Action Plan FY 2023/2024.
Recommendation: The Community Development Department recommends that the Council
approve work order #8 for consultant services to GUARDIAN CRM, INC.
under an existing Consultant Service Agreement (CSA) for FY 2023/2024
grant administration services and authorize the City Manager to execute
same.
Background: The City of Sebastian received notification of Fiscal Year (FY) 2023
allocations for the CDBG program through the Office of Community Planning and Developments (CPD)
formula programs in the amount of $128,152 (as attached).
In September 2023, Community Development Staff presented the FY 2023/2024 Annual Action Plan to the
City Council. This plan identified the fifth program year objectives and outcomes for the CDBG annual
entitlement funds. The allocated funding will be incorporated into the established Home
Repair/Rehabilitation program for veterans, elderly and the disabled.
In order to provide the identified services, a work order is needed under the existing consultant services
contract with Guardian CRM, Inc. This work order (#8) will be the same list of services as outlined in the
CDBG Administration Services Agreement (RFP 19-12). CDBG federal guidelines require that
administration services do not exceed 20% of the allocated amount. Consultant will be required to submit
detailed invoicing to show amount of hours used to provide services to the City based on the hourly rates
submitted in response to RFP 19-12.
Staff is seeking approval for issuance of the work order and authority for the City Manager to execute.
If Agenda Item Requires Exuenditure of Funds:
Budgeted Amount: $22,000.00
Total Cost: $22,000.00
Funds to Be Utilized for Appropriation: CDBG Entitlement
Attachments:
1. CSA #8 — Guardian CRM, Inc.
2. CSA #8 Scope of Work
3. HUD Award Letter of CDBG funding
Administrative Services Depa en t Revie ~ V
City Attorney Review:
Procurement Division vii , if applicable: A J -
City M:I-
n1 ger Authorization:
Date: 7/XOZI
80 O'214
CITY OF SEBASTIAN, FLORIDA
WORK AUTHORIZATION FORM
CONSULTANT SERVICE AGREEMENT (CSA)
Guardian Community Resource Management (CRM) Inc.
15000 Citrus Country Drive, Suite 331
Dade City, FL 33523
Work Authorization No: CSA - #8 (RFP 19-12)
Proiect Title: CDBG Administration: All Open Years
IT IS AGREED to undertake the following work in accordance with the provisions of the Guardian CRM Inc., Master Agreement
entitled CDBG Administration Services Dated December 1, 2019.
Description of Assignment:
Guardian CRM Inc. will provide CDBG administration services through September 30, 2024. The work/project will include:
1. Contract Administration
CDBG Contract Administration including full grant compliance of the 2023/24 CDBG Entitlement funding using the attached Scope of
Work.
2. Vendor's Responsibility
To provide the services as outlined in attached.
3. Pricing
Description Quantity Contracted Unit TOTALS
Price
Contract Administration FY 2023-2024, ending on
September 30, 2024. 1 $22,000 $22,000
Up to 20% of the total grant award not to exceed
$22,000.
4. Deliverables provided to the City (surveys, plans, etc.)
Description
a. See attached.
b.
C.
AGREED:
VENDOR:
Date:
J. Corbett Alday, Vice President
Guardian CRM Inc.
Attest:
Date:
Jeanette Williams, MMC
City Clerk
Quantity
CITY OF SEBASTIAN:
Date:
Brian Benton
City Manager
Approved as to Form and Content for Reliance
by the City of Sebastian only:
Jennifer Cockcroft, Esq.
City Attorney
Date:
81 of 214
CITY OF SEBASTIAN SOW CDBG ADMIN OCT23-SEP24
1. Modify Word versions of any AAP if needed: This task will be required if HUD so directs or to
update the numbers, e.g., if roll -forward funds need to be modified. There could be other
instances wherein AAPs need to be modified, and Guardian shall make any changes needed.
Draft up advertisements, if needed, with appropriate public comment period(s) included.
Incorporate any public comments, if needed. Place on next available City Council agenda for
final approval. Incorporate any City Council changes /comments, if needed
2. Advertisement for two Public Hearings: Create draft advertisement for public hearing, ensuring
the correct comment periods are met, namely 30 days. Incorporate any public comments, if
needed. Place on next available City Council agenda for final approval.
3. CAPER for 2024: (TO BE COMPLETED BY GCRM PROVIDED FUNDS ARE
AVAILABLE TO PAY) Receive final PY 2024 (City internal) expenditures by 10/15/2024 (or
the next available business day) and incorporate the data into IDIS for as part of the CAPER
process, by 10/31 /2024, (or the next available business day). Run HUD -recommended IDIS
reports to include with CAPER: PRO1, PR02, PR03, PR05, PR10, PR23, PR26, PR51, PR56, and
PR59. (Note: Data may need time to update in IDIS based on timing of submission of revised
2024 AAP.) Ensure reports reflect correct information. Make corrections where needed. Create a
draft advertisement to allow for public comment by (12/2/2024). Advertise CAPER on or before
(12/9/2024) to allow for a fifteen -day public "comment period. Incorporate / address comments, if
needed. Make corrections if needed. Submit via IDIS to HUD on or before 12/30/24.
4. Submit vouchers quarterly: Vouchers to be submitted for final HUD PY 2024 expenditures in
October 2024 or as soon thereafter as is practicable, based on timing of AAP revisions in IDIS.
Thereafter, vouchers to be submitted quarterly, or as often as monthly, depending on when
expenditures are incurred. City to provide expenditure data at least five days prior to date the
voucher is to be created in IDIS.
5. Quarterly Cash on Hand Report: Due October 15, January 15, April 15 and July 15.
6. Section 3 Report: Due July 15
7. MBE Contracting Report: Due October 15 and April 15.
8. Quarterly internal monitoring to ensure IDIS balance does not exceed 150% of grant
allocation: Due October 15, January 15, April 15 and July 15.
9. Annual / Two -Year / Three -Year Internal Monitoring: Ensure grant expenditures /
encumbrances meet 70% LMI benefit requirement. For this allocation, the City will meet the one-
year requirement as Housing Rehab is 100% LMI. Due July 15.
10. Davis -Bacon Enforcement Report: Due October 15 and April 15. Anticipated to be "no
activity," as only Admin and Housing Rehab activities are being implemented.
82 of 214
Stut�ro.
U.S. DEPARVUYT OF HOUSING AND URBAN DEVELOPMENT
w♦ nASMC3710N. DC 20410-7000
�Y Or NCO'
PRINCIPAL DEPUTY ASSISTANT SECRETARY
FOR CO&ASUNI7Y PLANNING AND DES F] MMIZI`
February 27, 2023
The Honorable Fred Jones
Mayor of Sebastian
1225 Main Street
Sebastian, FL 32958
Dear Mayor Jones:
Congratulations! I am pleased to inform you of your jurisdiction's Fiscal Year (FY) 2023
allocations for the Office of Community Planning and Development's (CPD) formula programs.
Your jurisdiction's FY 2023 available amounts are as follows:
CPD Programs: Amount
Community Development Block Grant (CDBG) $128,152
Emergency Solutions Grant (ESG) $0
HOME Investment Partnerships (HOME) $0
Housing Opportunities for Persons With AIDS (HOPWA) $0
CDBG Recovery Housing Program (RHP) $0
These grant funds provide the financial tools to support individuals, families, and
communities to address homelessness, affordable housing challenges, aging infrastructure, and
economic hardships. CPD is committed to being your partner throughout the process of using
these funds. Our local office will assist in finalizing grant agreements, offer technical assistance
and training when needed, and monitor and implement grant funds for eligible projects in a
timely manner. We will work with you to ensure proper reporting in the Integrated Disbursement
and Information System (IDIS) so we can together improve performance data on how these
programs are benefitting and touching people's lives, build trust with stakeholder groups and
Congress, and amplify the success stories that you and your jurisdiction are able to accomplish
with these vital resources.
Based on your jurisdiction's CDBG allocation for this year and outstanding Section 108
balances as of February 27, 2023, you also have $640,760 in available Section 108 borrowing
authority. Since Section 108 loans are federally guaranteed, this program can leverage your
jurisdiction's existing CDBG funding to access low -interest, long-term financing to invest in
your jurisdiction.
www.hudgov espanoLhud gov
83 of 214
2
Thank you for your continued interest in CPD programs, I greatly appreciate your
leadership in using these funds to address your most urgent housing and community
development needs, including preventing and reducing homelessness. If you or any member of
your staff have questions, please contact your local CPD Field Director.
Sincerely,
Marion Mollegen McFadden
Principal Deputy Assistant Secretary
for Community Planning and Development
84 of 214
tee.
SEBASTIAN
(ENTENNIAL (ELEBRATION
1914 -1014
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: February 14, 2024
A(-,enda Item Title: Alcohol Beverage Approval
Recommendation: Approve alcoholic beverages for the Baker Family Baby Shower at the
Community Center.
Background: Anthony Baker is seeking Council approval to serve alcoholic beverages at
the Community Center on Sunday, March 24th, 2024 from 1:00pm to
5:00pm. Staff has verified applicant's date of birth. They are expecting 70 or
less attendees.
If Agenda Item Reauires Exnenditure of Funds:
Budgeted Amount:
Total Cost:
Funds to Be Utilized for Appropriation:
Attachments:
1. Rental Permit Application
2. Payment Receipt
Administrative Services Department Review:
City Attorney Review:
Procurement Division Review, if applicable:
City Manager Authorization:
Date: 1 J% l aJ-IY r�
N/A
N/A
N/A
85 of 214
ancr
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN COMMUNITY CENTER
RENTAL PERMIT APPLICATION
1225 Main Street
Sebastian, FI" 32958
Parks Phone: (772) 228-7054 FAX: (772) 228-7054
for emergency purposes ONLY pleose d1al772.473.0454'
Today's Date: I I ZLI / zc z q
erne of Porrriittee (permits may only be issued to an adult) Name of Organization (if applicable)
103U r7rovatCc Au< -
Physical Address'
All! A& V FLC_ Ft
City State
Mv sh wrv-
Reason for Rental — Type of Function
Mailing Address (if different)
-? .79U1 ( 3-4Z)LIZ3LOf
zip Phone
P
E-Mail Address
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:
.0 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
Ih 5�Wyl
Time: Frdrn To
uo
N e)
q(:>
Date of Birth Verified by
I. N+ `��9c�{C(— ._ , the undersigned, acknowledge that I aril the applicant or authorized agent of the above
referenced o gf anization, Thal 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 S250.00 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 dam�age �t _ to facility will result in forfeiture, in part or full,
of the security deposit.
ri�ttt�oI Applicant
\ A'arks anal IZcrrualiuntiRcntal ('Mier 10.26.2023
86 of 214
CITY OF SEBASTIAN
LEISURE SERVICES RECEIPT
Name C&6-5afkI KQ f),eekZ it a Cash
D I/A-Iz.4
Date CY Check #
cprn m ow �teY
�� Credit
r5�y 6
001001 208001 Sales Tax
001001 220000 Security Deposit
001501
362100
Taxable Rent
001501
362150
Non -Taxable Rent
001501
342100
Police Security Services
001501
366150
Brick Pavers
001501
366000
Memorial Benches
001501
369400
Reimbursement Services
��ek �a 1� -b v +4w-
ej&rnw)� �entev o.�P`
1b/ �4 a 3b�
F1eiUrn-r�l°�e� bj 3�26
osier VC(Vnd u9iI1
31A9Iz�.
2789
Amount Paid
22.00
Total Paid OIL�
Initials
White - Dept. of Origin - Yellow - Admin. Svcs. • Pink - Applicant 87 of 214
r,
\I/
SEBASTIAN
(ENTENNIAL (ELEBRATION
1914.1014
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: February 14, 2024
Agenda Item Title: Natural Resources Board
Recommendation: Fill two regular member positions. One position will expire July 1,
2024 and the other will expire July 1, 2025.
Background: In response to the City Clerk's advertisement, the following applicants
have expressed interest on the Natural Resources Board:
Michael Clifford
Matt Krauss
Please be advised that current alternate, Sarah Haggerty does not want
to move up to a regular member position at this time.
If Agenda Item Reauires Expenditure of Funds:
Budgeted Amount: N/A
Total Cost: N/A
Funds to Be Utilized for Appropriation: N/A
Attachments: Applications, member list, advertisement
Administrative Services Department Review:
City Attorney Review:
1'--q cloi-t-
Lj
City Manager Authorization:
Date: 2/7 A Q Y
88 of 214
an C4
SEB^!s;T_tA� 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 may reapply for succeeding terms upon term expiration.
Name: _` I L. Y-11ar— I, C, Ii�Ml)rr
Address: Tny :�+r" _eA City: , ,rdn., 1—IU� State:
Zip::1 F>Telephone: (a),.���L
j , I
E-Mail Address:. MI, ki✓. C_ 1{
Employer: KIA _R.4 b ✓'S_C1
City: State: Zip:
Business Telephone:
I am interested in serving on the following boards)/committee(s): l't Choice: �u. fct `��t _5 dui � C 2°d Choice: P IrAr\ f1,1 f1O (Dm11 Ur1t A Csxn l l �bdrl
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.
89 of 214
Please summarize special skills, qualifications, or education you have acquired for this appointment:
(Your resume, professional certifications or designations may be attached.)
S f-� CA4-VC ,Gkf-� (-><.4,,LAY,r,L
Why do you want to serve on this board?
I Of-� k I. nC-L M181.
rf � i �g.� �' Wexr�,� -�-� �s -� �l�N n✓ ,� u�r�-� f Y�Sct,r�n�
V-; C-Vf l'k1x' f"f.maI, i +Act
_r e' SnGV-C-&4� .
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? Mn
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 lll) and Florida Sunshine Law (Florida Statutes, Chapter 286)
Statutes may be reviewed at htti)://www.flsenate.eov/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. jj
Signature of Applicant: 01 AAW,, ( Date: Q 'i
Date Received by City Clerk's Office 1 f//&JZQ)2y by: w90 of214
Michael Clifford
513 Jay Street
Sebastian, FI. 32958
Home 772-589-9601
Mobile 772-584-2954
Mike—clifford@aft.net
Ambitious, driven, high energy professional with a demonstrated ability to effectively achieve
company goals and exceed customer expectations.
EDUCATION
BS in Professional Management GPA 3.85 / 4.00
Nova Southeastern University Degree earned August 2000
AS in Business Administration and Management GPA 3.75 / 4.00
Indian River Community College Degree earned June 1998
EXPERIENCE
Avidyne Corporation, Melbourne, Florida
Manager, Customer Service and Technical Support April 2007 — February 2022
Retired.
Leading the Customer Service and Technical Support Team to provide the highest level of
support to pilots, aircraft owners and Avidyne dealers. Implemented improvements to
customer service process that have resulted in Avidyne being a leader in general aviation
customer service ratings.
Liaison between the customer service, engineering and manufacturing teams, identifying
and correcting repeat failure items. Daily communication with Avidyne dealers, pilots and
aircraft maintenance professionals to expedite accurate repairs. Contributing member of
the FRACAS (failure review and corrective action system) review team. Instrumental
member of the CIP (continuous improvement program) review team and 5S implementation
and maintenance team. FAA Licensed Repairman. Chief Inspector Repair Station
1VAR161 B.
Lead the call center teams in the United States, Brazil, Germany and Australia from a
logistical and technical perspective. Provide weekly reports to the executive management
team on call volume, response time and warranty costs. Coach and counsel technical
support team on new product integration.
Effectively manage the administration of an $800,000 exchange pool, to deliver an
Page 1 of 2
91 of 214
exchange unit within one business day with a 98.7% performance measurement. This
represents a 28% improvement from April of 2007. The effective management of these
resources has resulted in keeping the financial impact to the Company at a minimal level.
The ability to provide exchange replacement product has been instrumental in the service
improvement rating.
I have been instrumental in establishing and supporting technical and service call center
support in Brazil, Europe and the Australia - Asian marketplace, managing the exchange
inventory at all three locations. It is my responsibility to continually review and revise our
processes and procedures to ensure that we deliver the highest level of support to our end
use customers, our dealer network and the OEM manufacturers such as Cessna, Bell
Helicopter, AgustaWestland and Airbus Helicopter.
Michael Clifford
EXPERIENCE (continued)
Piper Aircraft, Inc., Vero Beach, Florida
Numerous positions of increasing responsibility June 1995 - April 2007
Most recent position was Warranty Team Leader, a member of the Piper Customer Service
Leadership Team. Other positions held during my career at Piper include Supervisor of
Final Assembly (7 years, Final Assembly Lead (6 months), and Final Assembly Mechanic.
Repeatedly called upon to manage special assignments and form cross -functional teams
critical to the company's success, including the Lycoming Engine Recovery effort in late
2002, which was completed on schedule and under budget. Competently managed as
many as 65 direct reports across three departments.
Gained proficiency with manufacturing ERP systems, including Oracle, BAAN, Tempus, and
Brio Reports. Well versed in Microsoft Office applications.
Page 2 of 2
92 of 214
Cm of
SEBASTN
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: M n -tt k"Jl X
Address:
n►
R
City: S o Q �-^ .� ��- _ State: L
Zip: _3�2_
9 5$ Telephone: (
O
E-Mail Address: �w...., 6 n e+. , - .-..J— &� c'cr-r"'
Employer:
City:
Business Telephone: ( -
—
State:
I am interested in serving on the following boa rdd(s)`/ccommittee(s):
I` Choice: . .s�olL. � s�3 1 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* ** (permanent)
POLICE RETIREMENT BOARD OF TRUSTEES*
PARKS AND RECREATION ADVISORY COMMITTEE (permanent)
VETERANS' ADVISORY BOARD (permanent)
*Filing of financial disclosure is required following appointment
**Must be resident one year prior to application.
93 of 214
Please summarize special skills, qualifications, or education you have acquired for this appointment:
(Your resume, professional certifications or designations may be attached.)
Q
rY r, /I �Q/1� �%9 r 1 / r�.� 1 Q Q—a-O
11VV"ii��
Why do you want to serve on this board?
a e 1
G1 ram. g / 0
�e—
CA-
Do yo presently s7rve on another City Board or Committee? C-s-
If yes, pl
ease list:
Have you previously served on any other City Board or Committee? 1� rF
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.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 111) and Florida Sunshine Law (Florida Statutes, Chapter 286)
Statutes may be reviewed at httD://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. I
understand that any false statements or omissions from this application may be cause for my application not to be
considered.
Signature of Applicant: I - ` o— �1-�' ' ' ^ ^- Date: I I 1 ? Cl z
Date Received by City Clerk's Office I 1 I h I ZU N by:/ LA .,m/a
94 of 214
0
Addendum to the Volunteer Board and Committee Application
I served eight years in Vermont Legislature both in the House of Representatives and state Senate.
While in the state Senate I served two terms on the Senate Natural Resources and Energy Committee
and was the chair of this committee during my second term. The jurisdiction of this committee is shown
below.
"The Senate Committee on Natural Resources and Energy has jurisdiction over matters relating to the
conservation, development, and planning of the State's natural resources, including water quality,
geology, forestry, parks and recreation, and fish and wildlife; community and regional planning and
development; and the conservation and planning of sources of energy." Vermont Legislative Document.
While in the House of Representatives I served on the Fish and Wildlife Committee. The committees
jurisdiction was primarily focused upon matters relating to fish and wildlife issues as well as all closely
related subjects such as water quality and effective land use practices.
Following my retirement, I served for over four and half years as a gubernatorial appointee to the District
5 Environmental Commission. I was the chair of this commission for over two years. It was the second
busiest district in the state and during my years on the district commission I participated in
approximately two hundred permit application reviews.
The District 5 Environmental Commission reviews Act 250 permit applications using ten environmental
criteria. The commission is charged with ensuring that any applicable development protects the
environment by meeting the ten criteria. Act 250, and application reviews by the district commission
ensure compliance with Vermont's primary land use and development law.
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Personal Information:
Matt Krauss
115 Flint Street, Apt. B
Sebastian, Florida 32958
(802)-585- 5882 (c)
mattkraussvt@email.com
Education:
Bachelor of Science Degree in Mechanical Engineering, Norwich University, 1975
Associate of Science Degree in Nursing, Norwich University, 1999
Legislative Experience:
Legislative experience is extremely valuable because of the need to work with individuals
holding different and strongly held viewpoints in order to achieve a common goal. As a chair an
individual must minimize their own desires in order to serve the needs of the entire committee.
To be successful you must be a team player.
State Senator from Washington County, Vermont 1992 to 1996
• First term served on the Natural Resources and Energy Committee and the Finance
Committee
• Second term served as Chair of the Natural Resources and Energy Committee and on the
Finance Committee
While in the Senate served on Joint Fiscal Committee and Senate Judicial Retention Committee
State Representative from Barre City 1988 to 1992:
First term served on Commerce Committee, also served as clerk of the committee
Second term served on the Fish and Wildlife Committee
Chair of Department of Liquor and Lottery Task Force — charged with creating language to
merge the two departments — successful in H-7, active from June 2017 to February 2018
District 5 Environmental Commission member from April 2018 to November 1, 2022 -
appointed chair of the commission August 2020. November 1, 2022 - moved to Florida.
Sunset Advisory Commission (SAC) member from August 2018 to present. The SAC concluded
its work in November 1, 2022.
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Work History:
State of Vermont, Department of Human Resources, 8/1986-1/2017, 30.3 years, now retired
I worked my entire state career with the Vermont Department of Human Resources. During my
career I worked in all the divisions of the department, including Labor Relations, Workforce
Development, Compensation, Classification, and I was the Supervisor of Employment Services.
Labor Relations — I assisted with administering to all the collective bargaining agreements,
interpreted and enforced personnel policies and procedures, oversaw compliance to all state
and federal employment laws, drafted stipulations, etc.
Workforce Development — I participated in coaching, consulting, and providing of training
opportunities to all departments with a focus on managers and supervisors. For many years I
was the Coordinator of the Supervisors Development Program a core training program
exclusively for supervisors and managers. Special projects such as organizational development
advice to units/departments experiencing poor morale, lack of effectiveness, etc.
In addition I have conducted numerous trainings and seminars for the Department of Human
Resources at many state locations around the State of Vermont including almost every
department in state government. The training requests were on a wide variety of subjects.
Compensation — I analyzed and recommended hire -in -to -range and exempt salary requests,
created market factor adjustments, etc.
Classification — I assisted in auditing and classifying new/existing positions in state government
including review of new positions for pay grade assignment, bargaining designation, etc.
Employment Services — coordinated all phases of the recruitment and selection process, post
and advertise all open positions, and assist hiring managers in candidate selection and hiring. As
the supervisor of this unit I managed all employee related activities. Those included monitoring
performance, assigning work, hiring new employees, and ensure employment related policies
and procedures were followed.
Special projects — assisted the Vermont Legislature to advertise for, recruit, and hire the
Director and Chief Counsel. I performed similar services for a variety of other departments in
state government such as the Lottery Commission.
Prior work experience — Lane Press — approximately 5 years — Personnel Manager — performed
full range of Human Resources activities for a 300 employee printing company.
Central Vermont Medical Center — 4 years — Employment Specialist — employment related
activities such as advertising, screening, interviewing, hiring, and orientation for a 900
employee health care facility.
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Matt Krauss — References
Governor Phil Scott — R, letter
Tracy Delude, Boards and Commissions Administrator for
Governor Phil Scott
Executive Office of Governor Phil Scott
109 State Street, Pavilion
Montpelier, VT 05609
Tracv.Delude�vermont. gov
802-828-3333
Heidi Scheuermann, retired state representative 14 years
P.O. Box 908
Stowe, Vermont 05672
(802) 253-9314
heidi@.heidischeuermann.com
George Putnam — life long Vermonter — Retired CEO, Yankee
Farm Credit, ACA
413 Jeff Heights Road
Jeffersonville, VT 05464
gsputnam@gmail.com
802-644-5717 home (landline)
802-309-7598 cell
98 of 214
PHILIP B. SCOTT
Govemor
tea.;•• ,. ,
State of Vermont
OFFICE OF THE GOVERNOR
January 3, 2023
Matt Krauss
P.O. Box 671
Stowe, VT 05672
Dear Matt:
I wanted to reach out to thank you for your service as Chair on the District #5 Environmental
Commission.
Vermonters are known for our commitment to community, and our willingness to serve others.
The work the District Environmental Commission does is impactful and important, and your
contributions have made a difference.
As your term comes to an end, on behalf of the state of Vermont, I thank you for your service.
Sincerely,
Philip B. Scott
Governor
PBS/te
J
109 STATE STREET ♦ THE PAVILION ♦ MONTPELIER, VT 05609-0101 ♦ WWW.VERMONT.GOV
TELEPHONE:802.828.3333 ♦ FAX:802.828.3339 ♦ TDD:802.828.3345
99 of 214
1225 Main Street
Sebastian City Hall
Sebastian, Florida 32958
Dear Council Members,
Please accept my application and the attached documents for the advertised position on the Natural
Resources Board.
If you need additional information or have any questions please feel free to contact me. Thank you.
Sincerely,
M
Matt Krauss
115 Flint Street, Apt. B
Sebastian, Florida 32958
802-585-5882 (c)
mattkraussvt(@Rmail.com
100 of 214
Nicole Mosblech
873 Gilbert Street
Sebastian, FL 32958
Nikki. mosblech(a cimail.com
(484) 269-7017
Sherida Billman
781 Bayfront Terrace
Sebastian, FL 32958
sheridabillman Dvahoo.com
(408) 370-3925 _
Jeffrey Carrier
461 Lanfair Avenue
Sebastian, FL 32958
Jcarrier88(d�amail.com
(517) 414-8322
Ruth Callaghan
202 Barbossa Drive
Sebastian, FL 32958
Rforman32 ccD.amail.com
(610) 304-9973
Donna Ware
781 Tuxedo Terrace
Sebastian, FL 32958
diwares(a.amail.com
(757) 999-0331
Thomas Carrano
1558 Esterbrook Lane
Sebastian, FL 32958
Carrano.T1956(@,amail.com
(631)561-5891
Charles Stadelman
146 Mabry Street
Sebastian, FL 32958
stadelman(d�bellsouth.net
(772) 584-5522
Vacant
Sarah Haggerty - Alternate
418 Peterson Street
Sebastian, FL 32958
sarahannrehm(cDamail.com
(772) 696-1520
NATURAL RESOURCES BOARD
Reapptd 7/26/23 Term expires
7/1 /2026
Reapptd 8/26/20
Apptd reg member 5/24/17
Apptd reg 7/27/2022 Term expires
7/1/2025
Apptd reg 6/9/2021 Term expires
7/1 /2024
Apptd alt 9/23/2020
'Reapptd 7/27/2022 Term expires
Apptd reg member 1/23/19 7/1/2025
Reapptd 7/27/2022 Term expires
Apptd 4/10/19 7/1/2025
Reapptd 7/26/23 Term expires
7/1 /2026
Apptd reg 8/26/20
Appt alt 11/20/19
Reapptd 7/26/23 Term expires
7/1 /2026
Reapptd 8/26/20
Apptd 9/13/17
Term expires
7/1 /2026
Apptd 7/27/2022 Term expires
7/1/2025
Revised 8.9.2023
4 regular members are needed to make a quorum. In the event a regular member cannot make
the meeting, an alternate steps in.
101 of 214
LTD CF
HOME OF PELICAN ISLAND
January 8, 2024 Contact: City Clerk's Office 388-8215
PRESS RELEASE
NATURAL RESOURCES BOARD
The City of Sebastian is seeking applicants to fill the following positions on the Natural
Resources Board:
One Regular Member Position — Term will Expire July 1, 2024
One Regular Member Position — Term will Expire July 1, 2025
One Alternate Member Position — Term will Expire July 1, 2026
This board is currently working on the "Sustainable Sebastian" initiatives to reduce single -use
plastics, encouraging native landscaping, promoting sustainable energy resources, protecting
the water quality, and promoting natural connectivity through trails and bikepaths.
Applicants should be available to work on these initiatives outside of the board meetings. More
information can be found at:
https://www.cityofsebastian.org/DocumentCenterNiew/2062/Sustainable-Sebastian-ACTION-
PLAN
The board also organizes and holds the City's annual Earth Day event in Riverview Park.
The board meets on the first Tuesday of each month at 6:00 p.m. in the Council Chambers,
1225 Main Street, Sebastian.
They are volunteer positions and applicants must have been a City resident one year prior to
application.
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 February 2, 2024.
102 of 214
r,
I/
SEBASTIAN
(ENTENNIAI (EIEBRATION
1911.1014
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: February 14, 2024
Agenda Item Title: Citizens Budget Review Advisory Board
Recommendation: Fill one expired alternate member position. The new teen will expire
I/l/2027.
Background: In response to the City Clerk's advertisement, incumbent Grace Reed
has expressed interest in serving another alternate member term. No
other applications have been received.
If Agenda Item Requires Expenditure of Funds:
Budgeted Amount: N/A
Total Cost: N/A
Funds to Be Utilized for Appropriation: N/A
Attachments: Application, member list, advertisement
Administrative Services Department Review:
City Attorney Review:
V
City Manager Authorization:
Date:
103 of 214
crry or
SE
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: Get-e--P, -,, a cl
Address: G(.�- - PUA-Umc,c— AU.L, City: state: F �
Zip: 32_ot'D fi( Telephone: ( y 3U ) 9 Q [ - I S -10
E-Mail Address: QCmC�e_e C4 @ a.o to &I
n -�
Employer: (�e.� IreA
City: 0 (a State: Zip:
Business Telephone: ( ) } ) -
I am interested in serving on the following board(s)/commi ee(s):
15L Choice: P\Q-not (\Cy-_�Y_ 01d1LI (altu)- 20 choice:
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*
PARKS AND RECREATION ADVISORY COMMITTEE
VETERANS' ADVISORY BOARD
*Filing of financial disclosure is required following appointment
**Must be resident one year prior to application.
104 of 214
Please summarize special skills, qualifications, or education you have acquired for this appointment:
(Your resume, professional certifications or designations may be attached.)
>nAi�
Fac7vui� �'��h d AWAJa PA,a,n.,��e,r
Why do you want to serve on this board?
1 l �F-t c ✓�-�tl ►�' rn �� uLt)� c; Lf d y- o
Do you presently serve on another City Board or Committee—}-
?-✓
If yes, please list: G 1�U ULA-&� �p M u C ft-
Have you previously served on any other City Board or Committee? O
If yes, please list: R�,(-A-L"� Qc r u- -e-�
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.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 lll) and Florida Sunshine Law (Florida Statutes, Chapter286)
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 statements or omissions from this application may be cause for my application not to be
considered.
Signature of Applicant: ", g • b--xt
u
Date Received by City Clerk's Office 912-Z1Z0Z2
Date: Y I ac} I a �—
by/L,
0
105 of 214
CITIZENS BUDGET REVIEW ADVISORY BOARD
The Citizens Budget Advisory Review Board is comprised of 9 members, 5 of who are individual Council appointees; 2 of who are appointed by Council
at -large; 2 who are appointed as alternates. The 5 members appointed by Council serve the same term two-year term as the Council member who
appointed them; the 2 at -large members serve one year until the next election; the two alternates serve three years terms.
MEMBER NAME AND ADDRESS APPOINTED BY TERM
Larry Napier Chair Council Member 11/2022-11/2024
163 Harris Drive Dodd term to expire at the end of Dodd's
Sebastian, FL 32958 term in 2024
larrvnar)iere..outlook.com
(772)388-2070
Bruce Hoffman Council Member 1/2023-11/2024
203 Chello Avenue Dixon term to expire at the end of Dixon's
Sebastian, FL 32958 term in 2024
B2bmhoffman aC�.hotmail.com
(772) 913-3187
Harry Hall Mayor Jones 11 /2021-11 /2026
214 Joy Haven Drive term to expire at the end of Jones'
Sebastian, FL 32958 term in 2026
harrvndee(o)hotmail.com
(772) 581-1893
Terry McGinn Council Member 11 /2021-11 /2026
144 Miller Drive McPartlan term to expire at the end of
Sebastian, FL 32958 McPartlan's term in 2026
temcainnt-vahoo.com
(215) 723-4333
Bill Middleton Vice Mayor Nunn 02/2023-11/2026
116 Karrigan Street term to expire at the end of Nunn's
Sebastian, FL 32958 term in 2026
Mhrenairl 160..amail.com
(772) 766-4415
Amber Cerda Additional Member Term to expire November 2024
456 Ponoka Street
Sebastian, FL 32958
Amberivnn8230-amail.com
(772)360-5885
Dave Newhart Additional Member Term to expire November 2024
120 Larchmont Terrace
Sebastian, FL 32958
donewhartavahoo.com
(772)480-3163
l
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Grace Reed
925 Potomac Avenue
Sebastian, FL 32958
ormreed ..aol.com
(434) 941-1830
Vacant
Alternate Member
(casts vote if first council
appointee or at -large
member is absent)
Alternate Member
(casts vote if second
council appointee or at -
large member is absent)
Code 2-223 provides City Manager is an ex-officio Member
Term to expire January 2024
Term to expire January 2024
revised 1-12-24
4 regular or at -large members are needed to make a quorum. In the event a regular or at- large
member cannot make the meeting, an alternate step in.
I
107 of 214
CITY OF
PAST
HOME OF PELICAN ISLAND
January 8, 2024 CONTACT: JEANETTE WILLIAMS
388-8215
Press Release
Citizens Budget Review Advisory Board
The Sebastian City Council is accepting applications for two alternate member positions on the
Citizens Budget Review Advisory Board. The term would be until January 2027.
This Board meets as necessary in Council Chambers, 1225 Main Street, Sebastian, to assist in
the City's budget review process and make recommendations to the City Council prior to the
first budget hearing for each fiscal year. They are volunteer positions and applicants must have
been a City resident one year prior to application.
Applications are available in the City Clerk's Office, City Hall, 1225 Main Street, Sebasticn
between the hours of 8:00 am and 4:30 pm or on-line at www.citvofsebastian.ora. and will Lie
accepted until February 2, 2024.
108 of 214
SEBASTIAN
CENTENNIAL CELEBRATION
1914 -1014
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: February 14, 2024
Agenda Item Title: Discussion and Appointment of Sebastian River Area Chamber of
Commerce Ex Officio Board Liaison
Recommendation: Discuss and appoint a Council member to join the Sebastian River
Chamber of Commerce as the City of Sebastian's ex officio member
Background: The Sebastian River Chamber of Commerce would like to make their
board appointments at the beginning of each year and in doing so, they
are requesting that City Council decide who will serve on the board for
the remainder of 2024 in the municipal ex officio capacity.
If Agenda Item Requires Expenditure of Funds:
Budgeted Amount: N/A
Total Cost: N/A
Funds to Be Utilized for Appropriation: N/A
Attachments:
(1) Letter of request from Sebastian River Area Chamber of Commerce
Administrative Services Department Review:
City Attorney Revi ✓`�`-'
City Manager Authorization: 1—,./K
Date: )%7 hLoal
109 of 214
oe
14
�aAe
CRJAM&WCF COMMERCE
& Pelican Porch Visitor's Center
February 7, 2024
City of Sebastian Council Members
1225 Main St.
Sebastian, FL 32958
RE: SRACC Board of Directors Liaison
Dear Council Members,
Historically, the Council member that served as the Ex Officio SRACC Board liaison was
discussed and decided amongst the Council Members. Last year was the first year since
COVID-19 that we re -introduced the Ex Officio role to our slate of board members.
As we start 2024, the Executive Board has requested that we follow that procedure once again
and ask that you discuss and decide who will join us for our monthly meetings and function as a
liaison between the City and the Chamber for the remainder of 2024. 1 know that an individual's
schedule availability plays a significant role in making this decision. Please know that each
meeting is at 8:00AM, the location is typically the chamber office, and the dates for the
remainder of the year are as follows: February 14'', March 13'", April 10", May 8'", June 12"'
July 101h, August 14`h, September 11"', October 9"', November 131h, and December 11'
If you have any questions regarding this request, please contact me at the chamber office.
Best Regards,
Cheryl Thibault,
President/CEO
700 Main St., Sebastian, Florida 32958
www.SebastianChamber.com 772-589-5969
110 of 214
SEBASTIAN
tI MIIMMi�I <III�f�IIOM
Itll l011
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: February 14, 2024
Agenda Item Title: Ordinance 0-24-01 — First Reading - Proposed Land Development Code
Amendment - Article XXII and Article XVI amending sections relating to
murals.
Recommendation: Approve Ordinance 0-24-01 on first reading, set date for second reading and
adoption
Background: A Public Mural Program was implemented in the spring of 2022 in
partnership with the Sebastian River Area Chamber as a Community Arts and Cultural initiative within the
Community Redevelopment Area (CRA) known as the Sebastian River Area Public Mural Program
(SRAPMP). In an effort to be all encompassing of the vision to allow for murals in the City, since the
implementation of this program a little over a year ago it has come to staff's attention that there are sections
of the code that needed to revised in reference to murals.
a. A definition of "mural" is added to Sec. 54-5-22.2 Definition of terms
b. A modification to Sec. 54-3-16.3. Exempt signs that include "Murals" with defined parameters,
including a waiver of the provisions of the Performance Overlay Sec 54-4-21.A.6 Colors. Murals
determined to be advertising for the business shall be considered a "sign" and shall be included in the
calculations of allowable sign area in accordance with Article XIV.
The Planning and Zoning Commission of the City of Sebastian held a public hearing at its duly noticed
February 1, 2024 public meeting to consider the proposed Textual Amendment request and recommended
adoption of the proposed request.
If Agenda Item Requires Expenditure of Funds:
Budgeted Amount: NA
Total Cost: NA
Funds to Be Utilized for Appropriation: NA
Attachments:
1. Ordinance 0-24-01
Administrative Services Department Review:
City Attorney Review:
Procurement Division C/iew, if applicable: All*
City Manager Authorization:
Date: a Z
111 of 214
ORDINANCE NO.O-24-01
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING
LAND DEVELOPMENT CODE SECTION 54-5-22.2 PROVIDING A
DEFINITIONS OF TERMS REGARDING MURALS; AMENDING SECTION 54-
3-16.3 PROVIDING FOR EXEMPTIONS PERTAINING TO MURALS;
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 supports the Community Arts and Cultural initiative to create the
Sebastian River Area Public Mural Program (SRAPMP) by the Sebastian River Area Chamber; and
WHEREAS, the City Council finds it is in the public interest to modify and update certain
provisions of the code relating to Murals; and
WHEREAS, the Local Planning Agency held a public hearing on February 1, 2024, and made a
recommendation to City Council to approve Ordinance 0-24-01.
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:
Amendment 1: ARTICLE XXH. LANGUAGE AND DEFINITIONS
Sec. 54-5-22.2. Definition of terms.
Terms not otherwise defined herein shall be interpreted first by reference to the comprehensive plan and this
code; secondly, by reference to generally accepted engineering, planning, or other professional terminology if
technical; and otherwise according to common usage, unless the context clearly indicates otherwise.
For the purpose of enforcing and administering this code, the following words shall have the definition and
meanings herein ascribed:
Mobile home. A structure transportable in one or more sections, which in the traveling mode, is eight body
feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet, and
which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation
when connected to the required utilities, and including the plumbing, heating, air conditioning and electrical
systems contained therein. Calculations to determine the number of square footage in a structure will be based
upon HUD standards, and such structures are subject to the regulations set forth therein. For the purposes of this
code, a mobile home shall not be considered a single-family dwelling unit.
112 of214
Mural. Non-commercial Aartwork of paint or other mixed materials applied to the exterior wall of a
building or structure. �_\l'y ail of-ho wall ari depieIs a seene ef event ef Batumi,
seeial, VAhlre, B- Miter-ie .:,.aWiea*ee Mural artwork must be exclusively non-commercial in nature and in no
wav identify a product or service for sale. A mural should provide artistic value and benefit to the surrounding
area and should be compatible with the surrounding_ area in terms of its size, stvle, colors, materials. general
appearance and location.
Sebastian River Area Public Mural Program (SRAPMP). A Community Arts and Cultural initiative
administered by the Sebastian River Area Chamber of Commerce within the Community Redevelopment Area
(CRA) establishing guidelines, program parameters, applications, mural categories, processes and comprising_ the
Sebastian River Area Public Mural Program Committee.
Sedimentation. Sedimentation shall mean the settling out of the soil particles that are transported by water or
wind. Sedimentation occurs when the velocity of water or wind in which soil particles are suspended is slowed to
a sufficient degree and for a sufficient period of time to allow the particles to settle out of suspension or when the
degree of slope is lessened to achieve the same result.
*************
Amendment 2: ARTICLE XVI. SIGNAGE AND ADVERTISING
See. 54-3-16.3. Exempt signs.
Signs exempt from permitting. The following types of signs do not require a permit provided the sign shall
not violate section 54-3-16.4, Prohibited signs. With the exception of public signs, the following signs shall
comply with all applicable requirements in the zoning district where installed; comply with other provisions in
this subsection; and be consistent with the spirit, intent and purpose of this article:
(15) Murals. Allowable on exterior buildings or structures in accordance with the parameters established
below:
in One mural per
building or structure which and shall not exceed 100 percent of the size of one wall.
Murals that utilize more than one wall shall adhere to size parameters and be continuous. in
aplFeved eategery: A-mttr-al shall beVjhA,:t-_d'+em c ..ing side. tial zoned distriet
Next or lettering shall not exceed ten fi iftv
percent (� 50%) of the area of the mural.
(Murals determined to be advertising or commercial shall be considered a sign and shall be included
in the calculations of allowable sign area in accordance with Article XVI.
Le) A mural should provide artistic value and benefit to the surrounding area and should be compatible
with the surrounding area in terms of its size, style, colors, materials, general appearance and location.
(f) Recommended categories for approval shall include but not be limited to the following_
Beach/Indian River Lagoon/Lakes/Rivers; Birds in Florida; Fishing/fishintr Village; History &
Treasure Coast; Interactive; Native Flora (plants) & Fauna (animals).
(g) Murals are exempt from Sec. 54-4-21.A.6 Colors.
(h) Mural applications will be approved with the guidelines set forth by the Sebastian River Area Public
Mural Program (SRAPMP) under this criteria set by this section and its definitions. Upon
recommendation of approval, applications shall be reviewed by the City Council. -Mural, %Z:.diar this
jwagrwt. ars w c rrj/ f+efn See. " 1 21.A.6
113 of214
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 fiirther 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.
Section 6. Effective Date. This Ordinance shall become effective immediately upon its
adoption by the City Council.
114 of 214
The foregoing Ordinance 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 Kelly Dixon
Councilmember Fred Jones
Councilmember Bob McPartlan
Councilmember Christopher Nunn
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
, 2024.
CITY OF SEBASTIAN, FLORIDA
an
ATTEST:
ED DODD, MAYOR
JEANETTE WILLIAMS, MMC
CITY CLERK Approved as to form and legality for
reliance by the City of Sebastian only:
JENNIFER COCKCROFT, Esq., BCS
CITY ATTORNEY
115 of214
r
Jon
SEBASTIAN
(1011MM1A1 4144811,11100
1/11 M4
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: February 14, 2024
Agenda Item Title: Ordinance 0-24-02 — First Reading - Request for Rezoning — Old Public
Works Compound
Recommendation: Approve Ordinance 0-24-02 on first reading, set date for second reading and
adoption
Background: The subject property consists of 4.13 acres, more or less, located north of
Sebastian Blvd and west of Louisiana Ave immediately adjacent to the American Legion. Existing residential
surrounds the property to the north with existing General Commercial to the south. The property contains
three buildings comprised of a total of 10,795 square foot. The subject property was purchased by the City in
1977 and utilized as the Public Works City Compound until 2022 when a new public works compound was
built off of Airport Drive, thus leaving this property unutilized for a little over a year. This parcel is
contiguous to the existing corporate limits of the City of Sebastian. The current land use for this parcel is
Mixed Use. The current zoning is PS Public Service. The property's zoning amendment proposal is for CG
(General Commercial) which is compatible with the existing future land use as identified in the City of
Sebastian's 2040 comprehensive plan.
The Planning and Zoning Commission of the City of Sebastian held a public hearing at its duly noticed
February 1, 2024 public meeting to consider the proposed Rezoning request and recommended adoption
of the proposed request.
If Agenda Item Requires Expenditure of Funds:
Budgeted Amount: NA
Total Cost: NA
Funds to Be Utilized for Appropriation: NA
Attachments:
1. Ordinance 0-24-02
2. Rezone Staff Report
Administrative Services Dep ment Review:
City Attorney Review.
Procurement Division Review, if applicable:
City Manager Authorization:
Date:
116 of214
ORDINANCE NO.O-24-02
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A
ZONING CLASSIFICATION OF CG (COMMERCIAL GENERAL) FROM THE
CURRENT ZONING DESIGNATION OF PS (PUBLIC SERVICE), FOR LAND
CONSISTING OF 4.13 ACRES, MORE OR LESS, KNOWN AS THE OLD PUBLIC
WORKS COMPOUND; LOCATED NORTH OF SEBASTIAN BOULEVARD, SOUTH
AND WEST OF ORANGE HEIGHTS SUBDIVISION, AND WEST OF AMERICAN
LEGION POST 189; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Owner, the City of Sebastian owns certain real property (approximately 4.13 acres) known
as the "Old Public Works Compound" located north of Sebastian Boulevard, south and west of Orange Heights
Subdivision and west of American Legion Post 189; and
WHEREAS, the current zoning classification on the property is PS (Public Service); and
WHEREAS, Owner has filed a petition for amendment to the Zoning Ordinance in order to change the
current zoning classification on the property to CG (Commercial General); and
WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public
hearing to receive citizen input; and
WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in
the Land Development Code together with the recommended findings and recommendations of its staff and
Planning and Zoning Commission; and
WHEREAS, the City Council has made the following findings:
A. The proposed rezoning is compatible with the adjacent area.
B. The proposed rezoning is consistent with the goals, objectives and other elements of the
Comprehensive Plan.
C. The proposed rezoning is in conformity with the substantive requirements of the City of Sebastian
Code of Ordinances, particularly the Land Development Code.
D. Adequate public facilities and services exist in the City to serve the proposed rezoning and will not
exceed the capacity for such services and facilities.
E. The proposed change in zoning will not result in any adverse impacts on the natural environment.
F. The proposed change in zoning will not adversely affect the property values in the area, or the general
health, safety and welfare of the City or have an adverse impact on the financial resources of the City.
G. The proposed change in zoning will result in an orderly and local development pattern.
117 of214
H. The proposed change in zoning is not in conflict with the public interest of the citizens of the City of
Sebastian.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. PROPERTY. The change in zoning classification created by the adoption of this
Ordinance shall affect the following described real property, now lying and being within the incorporated
area of the City of Sebastian, Indian River County, Florida:
See attached Exhibit "A " Property Survey
SECTION 2. REZONING. The real property described in the attached Exhibit "A" is hereby given a
City zoning designation of Commercial General (CG).
SECTION 3. ZONING MAP. The official City Zoning Map shall be amended to include the real
property described in the attached Exhibit "A" and reflect its designated zoning district as Commercial
General (CG) in accordance with the requirements of Florida law.
See attached Exhibit "B " Zoning Map
SECTION 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 5. SEVERABILITY. In the event a court of competent jurisdiction shall determine that
any part of this Ordinance is invalid or unconstitutional, 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 or unconstitutional provisions. It shall further be assumed that the City Council would have
enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect after 2"d reading.
SECTION 8. ADOPTIVE SCHEDULE. That this Ordinance was passed on the first reading at a
regular meeting of the City Council on the 14" day of February, 2024 and adopted on second/final
reading at a regular meeting of the City Council on the 28d' day of February, 2024.
PASSAGE UPON FIRST READING
The foregoing Ordinance was moved for passage upon first reading this 14"' day of February, 2024, by
Councilmember The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
118 of214
Mayor Ed Dodd
Vice Mayor Kelly Dixon
Council Member Fred Jones
Council Member Christopher Nunn
Council Member Bob McPartlan
ATTEST:
Jeanette Williams, MMC
City Clerk
ADOPTION
The foregoing Ordinance 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 Kelly Dixon
Council Member Fred Jones
Council Member Christopher Nunn
Council Member Bob McPartlan
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
, 2024.
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:
Jennifer Cockcroft, Esq., City Attorney
119 of 214
lm ll
HOME OF PEUCAN ISLAND
Community Development Department
Rezoning Amendment
PZ Commission
February 1, 2024
Item 7.13. P&Z Quasi -Judicial Hearinci — Recommendation to Citv Council
Land Development Code Rezoning Amendment for a specific site
Warrior Recycling
1. Project Name: Warrior Recycling, 7701 1301h St
2. Project Applicant; Rebecca Grohall, MBV Engineering (Authorized Agent)
1835 20`h St
Vero Beach, FL 32960
3. Requested Action: Request is for a change from IN (Industrial) to HI (Heavy Industrial)
3. Project Location: Section 21, Township 30 South, Range 38 East
Subject Parcel is 5.13 Acres, More or Less
Parcel # 30382100006017000003.0
Legals: See Attached
4. Project Description
The subject property consists of 5.13 acres, more or less, located north of the City of Sebastian's
Airport, south and west of Crail Warehouse, and south of 130`' Street. Existing residential surrounds
the property to the north. The property contains one 5,000 square foot building but is otherwise vacant,
The subject property was originally constructed for the Knights of Columbus in 2000. A few years later
it was sold and utilized for light industrial and warehousing. Most recently it was gymnastics studio. The
new property owner is interested in utilizing the property as a recycling facility, which requires a
rezoning request to Heavy Industrial. This parcel is abuts unincorporated Indian River County to the
north, south and west and is contiguous to the existing corporate limits of the City of Sebastian on the
east. Current land use for this parcel is Industrial. The current zoning is IN Industrial District. The
properties zoning amendment proposal is for HI (Heavy Industrial) which is compatible with the existing
future land use as identified in the City of Sebastian's 2040 comprehensive plan.
120 of214
5. Site Data
a. Site Characteristics
1) Total Acreaqe:
(2) Current Land Use(s):
(3) Current Zoninq:
b. Adiacent Properties
Zoning
North (County) IL
East: (City) IN
West: (County) Rose-4
South: (County) Rose-4
6. Comprehensive Plan Consistency
5.13 acres
HI (Heavy Industrial)
IN (Industrial)
Existinq Use
Convenience Center
Manufacturing
Residential
Residential
Future Land Use
C/I
HI
L-2
L-2
a. Chanqed Conditions: The proposed change of zoning to a higher intensity of use, Heavy
Industrial, is consistent with the current zoning along the corridor. Existing residential
development adjacent to the property may be served by the commercial/industrial uses which
are appropriate as this corridor continues to develop as a service area for the community. This
designation will provide suitable uses for potential future developments.
b. Land Use Compatibility: The HI (Heavy Industrial District Sec 54-2-5.3.6A) zoning is intended
to permit industrial and manufacturing establishments of vary size, scale and type for the vitality
of the district. The Future Land Use element Policy 1-1.3.7 states the purpose of the industrial
Land use designation is to provide strategically located sites for industrial needs and requisite
support services. The requested rezoning to Heavy Industrial is compatible with the land uses
and zoning in this corridor.
c. Conformance with Ordinances: The proposal is in conformance with applicable substantive
requirements of the Code of Ordinances and Land Development Code, and no changes to these
ordinances are required at this time due to this request.
d. Adequate Public Facilities: The property has provided assurance of the availability of sufficient
public access and public facilities. The property is within the current service boundary for
water/sewer and public safety. Level of Service standards will be assessed when the site plan is
submitted.
e. Natural Environment: An environmental assessment of the subject property will be required as
part of site plan development application. All natural resource protection measures, including tree
protection, wetlands, and listed species, will be required as part of the permitting and development
process.
f. Economic Effect: The property contains a vacant 5,000 square foot building and there no
current active existing uses. The proposed rezoning to Heavy Industrial will allow for industry to
utilize this property for local business and thus creating jobs for local community.
2
121 of214
g. Orderly Development: The proposed rezoning is consistent with the Land Development Code
and Code of Ordinances.
h. Public Interest: The proposed rezoning does not appear to be in conflict with the public interest
and is in harmony with the purpose and intent of the City of Sebastian Comprehensive Plan 2040
and Land Development Code.
7. Conclusion:
The requested rezoning from Industrial to Heavy Industrial is consistent with the Zoning Map
and staff supports a recommendation of approval to the City Council from the PZ Commission.
Alix Bernard
PREPARED BY
3
2/1 /2024
DATE
122 of 214
Attachment A
123 of 214
tin O
2&!W1
HOME OF PELICAN ISLAND
Community Development Department
Rezoning Amendment
PZ Commission
February 1, 2024
Item 7.C. P&Z Quasi -Judicial Hearing — Recommendation to City Council
Rezoning Amendment for a specific site
Old Public Works Compound
1. Project Name: Old Public Works Compound, 100 Veterans Memorial Way
2. Project Applicant: City of Sebastian
1225 Main St
Sebastian, FL 32958
3. Requested Action: Request is for a change from PS (Public Service) to CG (General
Commercial)
3. Project Location: Section 06, Township 31 South, Range 39 East
Subject Parcel is 4.13 Acres, More or Less
Parcel # 31390600000500000024.0
Legals: See Attached
4. Project Description
The subject property consists of 4.13 acres, more or less, located north of Sebastian Blvd and west of
Louisiana Ave immediately adjacent to the American Legion. Existing residential surrounds the
property to the north with existing General Commercial to the south. The property contairs three
buildings comprised of a total of 10,795 square foot. The subject property was purchased by the City in
1977 and utilized as the Public Works City Compound until 2022 when a new public works compound
was built off of Airport Drive, thus leaving this property unutilized for a little over a year. This parcel is
contiguous to the existing corporate limits of the City of Sebastian. The current land use for this parcel
is Mixed Use. The current zoning is PS Public Service. The properties zoning amendment proposal is
for CG (General Commercial) which is compatible with the existing future land use as identified in the
City of Sebastian's 2040 comprehensive plan.
124 of 214
S. Site Data
a. Site Characteristics
1) Total Acreage:
(2) Current Land Use(s):
(3) Current Zoninq:
b. Adiacent Properties
Zoning
North:
PS
East:
PS
West:
R-MH
South:
CG
6. Comprehensive Plan Consistencv
4.13 acres
MU (Mixed Use)
PS (Public Service)
Existing Use
Private Club
Private Club
Mobile Home
Stormwater
Future Land Use
MU
MU
MH
MU
a. Changed Conditions: The proposed change of zoning to General Commercial, is consistent with
the current zoning along the corridor. Existing residential development to the north of the
property may be served by the commercial uses which are appropriate as this corridor continues
to evolve to meet the needs for the community.
b. Land Use Compatibility: The CG (Commercial General District Sec 54-2-5.3.3) zoning is
intended to permit retail and personal service establishments of vary size, scale and type for the
vitality of the district. The Future Land Use element Policy 1-1.3.3 states the purpose of the
General Commercial Land use designation is to accommodate general retail sales and services.
The requested rezoning to Commercial General is compatible with the land uses and zoning in
this corridor.
c. Conformance with Ordinances: The proposal is in conformance with applicable substantive
requirements of the Code of Ordinances and Land Development Code, and no changes to these
ordinances are required at this time due to this request.
d. Adeauate Public Facilities: The property has availability of sufficient public access and public
facilities. The property is within the current service boundary for water/sewer and public safety.
e. Natural Environment: An environmental assessment of the subject property will not be required at
this time as this is a developed parcel of land.
f. Economic Effect: The property contains three vacant buildings totaling around 10,000 square
feet plus or minus and there no current active existing uses. The rezoning of this parcel will
allow for the expansion of potential commercial uses in the future.
g. Orderly Development: The proposed rezoning is consistent with the Land Development Code
and Code of Ordinances.
h. Public Interest: The proposed rezoning does not appear to be in conflict with the public interest
and is in harmony with the purpose and intent of the City of Sebastian Comprehensive Plan 2040
and Land Development Code.
2
125 of 214
7. Conclusion: The requested rezoning from Public Service to General Commercial is consistent
with the Zoning Map and staff supports a recommendation of approval to the City Council from the PZ
Commission.
Alix Bernard
PREPARED BY
3
2/1/2024
DATE
126 of 214
Attachment A
127 of 214
EMbitt A
SKETCH
:. OF L ....._......__. ...-- - - - -
--EGAL DESCRIPTION
EXHIBIT "A"
*NOTE QVAP= scats PROJ.# 23-046
4P qa
THE BASIS OF BEARING FOR THIS rr=mow
SURVEY IS S8925'41'E. ALONG THE 2 HaRm1
SOUTH LINE OF SEC. 6-T31S-R36E ~
(} PO --PLPLAT
AT BOOK
C.R. - COUNTY ROAD
R/O. - RIGHT POINT
RAY �g
P.0.B. - PdNT OF BEGINNING 3
P.O.C. - POINT OF COMMENCEMENT
fE - CENTERLINE
rR '
M� \99
Pom= or rmmff R +
9007. In mmv
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aoolr4n a1T.ir qua
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MERIDIAN
LAND 8UFW0Y0R8
THIS SKETCH OF DESCRIPTION ARE NOT VAUD WITHOUT
SHEETS 1-3, THE SIGNATURE AND THE ORIGINAL RAISED
1717RMIANRIVEt1IL 2016?
��pp� LB#
FH�""'794�11 I FAX 1096
\
SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER
NAMED HEREON WHICH SIGNATURE AND SEAL MAY BE
FOUND AT THE END OF THE ATTACHED REPORT. THE PLAT
AND REPORT ARE NOT FULL AND COMPLETE WITHOUT ONE
ANOTHER. J
SHEET 1 OF 5
128 of 214
SKETCH OF LEGAL DESCRIPTION
EXHIBIT "A"
PROD.# 23-046
+ SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY
• THIS SURVEY PERFORMED BY:
HOUSTON. SCHULKE, BITTLE & STODDARD, INC. L,B.#6905
d.b.o. MERIDIAN LAND SURVEYORS
1717 INDIAN RIVER BOULEVARD, SUITE 201
VERO BEACH, FLORIDA 32960
' PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE:
BILLY M. MOODY P.S.M.# 5336
LEGAL DESCRIP11ON
FR NE COR OF NW1/4, RUN W ALONG N BDRY 300.4 FT TO POB; S 146.55 FT TO CL OF ST
RD 512; SWLY 90 FT; NWLY TO PT WHICH IS 113 FT W OF POB; RUN E ALONG N LINE SEC 7
TO POB AS R BK 88 PP 60 LESS RD R/W (OR BK 428 PP 330)
EXHIBIT 2
7.5 A IN SW 1/4, D BK 3, PP 279 LESS E 2885 FT OF S 433 FT THEREOF & LESS N 267.25
AS MEASURED ALONG RR R/W AS PER OR BK 708 PP 819
ALSO LESS AND EXCEPTING THE FOLLOWING:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTION 6, TOWNSHIP
31 SOUTH, RANGE 39 EAST, RUN NOOi2'40"E, ALONG THE EAST LINE OF THE SOUTHWEST 1/4
OF SAID SECTION 6, THE SAME BEING THE CENTERLINE OF LOUISIANA AVENUE, FOR A
DISTANCE OF 432.49 FEET TO A POINT, THENCE DEPARTING SAID EAST LINE, RUN S89'25-41"W
FOR A DISTANCE OF 40.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF LOUISIANA
AVENUE AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND;
FROM SAID POINT OF BEGINNING, CONTINUE S89-25-41"W FOR DISTANCE OF 260.40 FEET TO A
POINT; THENCE RUN S00'12'40"W FOR A DISTANCE OF 115.92 FEET TT) A POINT; THENCE RUN
N89'47'20"W FOR A DISTANCE OF 92.95 FEET TO A POINT, THENCE RUN N0012'40"E FOR A
DISTANCE OF 114.65 FEET TO A POINT, THENCE RUN S8925'41"W FOR A DISTANCE OF 69.59
FEET TO A POINT ON THE SOUTHEAST RIGHT OF WAY LINE OF COUNTY ROAD 512; THENCE
RUN N3814'59-E, ALONG SAID SOUTHEAST RIGHT OF WAY LINE, FOR A DISTANCE OF 77.54
FEET TO A POINT; THENCE DEPART SAID SOUTHEAST RIGHT OF WAY LINE AND RUN
N89'59'18"E FOR A DISTANCE OF 375.13 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE
OF LOUISIANA AVENUE; THENCE RUN S00'12'40"W FOR A DISTANCE OF 56.75 FEET TO THE
POINT OF BEGINNING.
A.K.A (DESCRIPTION BY SURVEY01I
A PARCEL OF LAND LYING IN SECTION 6 AND SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39
EAST, CITY OF SEBASTIAN, COUNTY OF INDIAN RIVER, FLORIDA, AND BEING MORE
PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 6, RUN
S89'25'41"W, ALONG THE SOUTH LINE OF SAID SECTION 6, FOR A DISTANCE OF 300.40 FEET
TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND;
FROM THE POINT OF BEGINNING, DEPART THE SOUTH LINE OF SAID SECTION 6 AND RUN
S0012'40"W FOR A DISTANCE OF 102.66 FEET TO A POINT ON THE NORTHWEST RIGHT OF WAY
MERIDIAN THIS SKETCH OF DESCRIPTION ARE NOT VAUD 'WITHOUT
LAND SURVE"fCR8 SHEETS 1-3, THE SIGNATURE AND THE ORIGINAL RAISED
1717 DVDIAN RIVER BLVA, FNI7 B 20! SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER
Vffi DLAN Rr 17L 32VD, SUM
2 NAMED HEREON WHICH SIGNATURE AND SEAL MAY BE
PH VMt BEE 11F PAR: LB96 5 FOUND AT THE END OF THE ATTACHED REPORT. THE PLAT
EMAIL: IlMgi s- ism WM AND REPORT ARE NOT FULL AND COMPLETE WITHOUT ONE
ANOTHER.
SHEET 2 OF 3
129 of 214
SKETCH OF LEGAL DESCRIPTION
EXHIBIT "A"
PROJ.# 23-046
• SKETCH OF DESCRIPTION - NOT A FIELD BOUNDARY SURVEY
• THIS SURVEY PERFORMED BY:
HOUSTON. SCHULKE, BITTLE & STODDARD, INC. LB.#6905
d.b.a. MERIDIAN LAND SURVEYORS
1717 INDIAN RIVER BOULEVARD, SUITE 201
VERO BEACH, FLORIDA 32960
' PROFESSIONAL SURVEYOR do MAPPER IN RESPONSIBLE CHARGE:
BILLY M. MOODY P.S.M.# 5336
A.K.A (DESCRIPTION BY SURVEYOR) CONrD.
RIGHT OF WAY LINE OF STATE ROAD 512 (EASTBOUND); THENCE RUN S49'02'28"W, ALONG
SAID RIGHT OF WAY LINE, FOR A DISTANCE OF 100.71 FEET TO A POINT; THENCE DEPART
SAID RIGHT OF WAY LINE AND RUN N12'18'35"W FOR A DISTANCE OF 171.49 FEET TO A POINT
ON THE SOUTH LINE OF SAID SECTION 6; THENCE RUN SB9'25'41"W FOR A DISTANCE OF
392.04 FEET TO A POINT ON THE SOUTHEAST RIGHT OF WAY LINE OF STATE ROAD 512
(WESTBOUND); THENCE RUN N38'14'59"E, ALONG SAID SOUTHEAST RIGHT OF WAY LINE FOR A
DISTANCE OF 555.77 FEET TO A POINT; THENCE DEPART SAID SOUTHEAST RIGHT OF WAY LINE
AND RUN N89'25'41"E FOR A DISTANCE OF 69.59 FEET TO A POINT, THENCE RUN S00'12'40"W
FOR A DISTANCE OF 114.65 FEET TO A POINT; THENCE RUN S89'47'200E FOR A DISTANCE OF
92.95 FEET TO A POINT; THENCE RUN S0012'40"W FOR A DISTANCE OF 317.12 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS APPROXIMATELY 3.63 ACRES (157912.2 SQ./FT.) MORE OR LESS.
MERIDIAN
Q
J�
LAND S
\
, SU 1717 II4DIAN RIVER ffit BLV BLVDSUITS 201
VFRO BEACH, FL 32960 LB#6903
PHONE, 772-794-1213 FAX 772-794-1096
EMAIL: B4F�&WS.COM
THIS SKETC,f(QFAESCRIPTiON IS NOT VALID WITHOUT THE
B16NATUKANDTiE-OQ( NAL RA t04 LOFTHEFLOPoD0.
LICENSED bl O�$+DPP[zfS�4iitED BELOW
BILLY M. MWDY P.6M. M36 /
SHEET 3 OF 3
130 of 214
SKETCH OF LEGAL DESCRIPTION 1
EXHIBIT "A"
*NOTE GRAPHIC SCALE PROJ.# 23-046
THE BASIS OF BEARING FOR THIS 1 4n eo 10 T
SURVEY IS N00'12'40"E, ALONG THE '
EAST LINE OF THE SOUTHWEST 1/4 1"�1
OF SEC. 6-T31S-R39E 80M
ABBREVIATIONS:
PB - PLAT BOOK
C.R. - COUNTY ROAD
R/W - RIGHT OF WAY
P.O.B. - POINT OF BEGINNING
P.O.C. - POINT OF COMMENCEMENT
- CENTERLINE
�p rf�o C'
s,2 . r A�♦�-S1�2
REMADTDER OF a: ,
PARCEL ID -�J
3139080000050000D024.0 It
c �s9�
(ORB 3007. PG. 2282)
N0012'40'E 114.65'
Z
SDO12'40'W 115.92 \
PARCEL D)
31390600000500000025.0
(DB 60, M. 1)
P.O. C.
3E 1/4 OF THE
SW 1/4 OF
SEC. B-TS13-Rsu
LOUISIANA AVENUE
-� N00'12'40'E 432.49'
433' (ORB 30OZ PG. 2282)
BASIS OF BEARING
P.O.B. \
W. R/W LD1'B
dS0012'40'W
0 56.75'
E. LINE OF Sw 1/44 OF
SEC. 8-T31S-R39E
MERIDIAN
LAND SURVEYORS
1717 INDIAN RIVER BLVD, SU1TB 201
VERO BEACH, FL. 32960 LB#6905
PHONE: 772-794-1213, FAX: 772-794-1096
EMAIL: INFO@MLS-LB6905.COM
PARCEL M
31390800000500000024.1
(ORB 708, PG.819)
® THIS SKETCH OF DESCRIPTION ARE NOT VAUD WITHOUT
SHEETS 1 & 2, THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER
NAMED HEREON WHICH SIGNATURE AND SEAL MAY BE
FOUND AT THE END OF THE ATTACHED REPORT. THE PLAT
AND REPORT ARE NOT FULL AND COMPLETE WITHOUT 014E
ANOTHER. /
SHEET 1 OF 2
131 of 214
SKETCH OF LEGAL DESCRIPTION N
EXHIBIT "A"
PROJ.# 23-046
• SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY
• THIS SURVEY PERFORMED BY:
HOUSTON, SCHULKE, BITTLE & STODDARD, INC. L.B.#6905
d.b.a. MERIDIAN LAND SURVEYORS
1717 INDIAN RIVER BOULEVARD, SUITE 201
VERO BEACH, FLORIDA 32960
' PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE:
BILLY M. MOODY P.S.M.# 5336
LEGAL DESCRIPTION
A PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST 1/4 OF SECTION 6, TOWNSHIP 31
SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, COUNTY OF INDIAN RIVER, FLORIDA; THE SAME
BEING A PORTION OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3007, PAGE 2282, OF
THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SEC11ON 6, TOWNSHIP
31 SOUTH, RANGE 39 EAST, RUN N00'12'40"E, ALONG THE EAST LINE OF THE SOUTHWEST 1/4
OF SAID SECTION 6, THE SAME BEING THE CENTERLINE OF LOUISIANA AVENUE, FOR A
DISTANCE OF 432.49 FEET TO A POINT, THENCE DEPARTING SAID EAST LINE, RUN S89'25'41"W
FOR A DISTANCE OF 40.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF LOUISIANA
AVENUE AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND;
FROM SAID POINT OF BEGINNING, CONTINUE S89'25'41"W FOR DISTANCE OF 260.40 FEET TO A
POINT; THENCE RUN S0012'40"W FOR A DISTANCE OF 115.92 FEET TO A POINT; THENCE RUN
N89'47'20"W FOR A DISTANCE OF 92.95 FEET TO A POINT; THENCE RUN N0012'40"E FOR A
DISTANCE OF 114.65 FEET TO A POINT; THENCE RUN S89'25'41"W FOR A DISTANCE OF 69.59
FEET TO A POINT ON THE SOUTHEAST RIGHT OF WAY LINE OF COUNTY ROAD 512; THENCE RUN
N3814'59"E, ALONG SAID SOUTHEAST RIGHT OF WAY LINE, FOR A DISTANCE OF 77.54 FEET TO
A POINT; THENCE DEPART SAID SOUTHEAST RIGHT OF WAY LINE AND RUN N89'59'18"E FOR A
DISTANCE OF 375.13 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF LOUISIANA
AVENUE; THENCE RUN S00'12'40"W FOR A DISTANCE OF 56.75 FEET TO THE POINT OF
BEGINNING.
THE SUBJECT PARCEL CONTAINS APPROXIMATELY 0.78 ACRES (34134.3 SQ./FT.) MORE OR
LESS.
MERIDIAN
L APtD SURVEYORS
THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE
SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA
LICENSED SURVEYORAN09�fyt4PPER NAMED BELOW.
\
1717 IIdBIAN RIVER BLVD, SUIT'B 201
VERO BEACH, FL. 32960 LB#6905
PHONE:772-794-1213 FAX 772-794-1096
EMAII.: INFO�5a-LB6905.COM
/z'��
BILLY M. MOODY P.S.M. #5336
SHEET 2 OF 2
132of214
Exhibit B
CROF
SErs�V
HOME OF PELICAN ISLAND
Map is not to scale - for illustrative purposes only; not to be construed as binding or as a survey.
-71
PINEAPPLE ST /
R-MH--
TAFT ST
KING ST C
c
v�P it VETERANS MEMORIAL WAY
O
TANGELO ST, PS
'! ' Subject
AID Property /
IN
Ph
y�0 0
T�
r'ie � 11
°4 •�P� C= \ 2
County BCC. Stat•
y RS�1.0
Zoning Map
Subject Property:
Former City Public Works Compound
100 Veterans Memorial Way, Sebastian. FL 32958
Current Zoning Classification: Proposed Zoning Classification:
PS - Public Service CG - Commercial General
133 of 214
Attachment B
134 of 214
ROD WEST 374.76 Fr
44
N a--z2m
0 0
7
2 Fr au®ig-
!
R COI FLIM W. 4
T e Z-1
H ,.-259.64 F�
N i-q-
-If RK
TOP OF
PIROJECT IRON BENCHMARK NO. I
PIPE
EL24.85 F7 N.G.V.D. I PRIMARY SENChIMUW
NAr FOUND IN GUY POLE
fl.�28,17 FT N.G.V.D.
30 15 0 3D 60 90
WALL IN FEET r I>WN UPW Iz
LINE OEM" DISTANCE
. ,
Ll S 00'IXOT IN 56.65 � .00 1> " I lite-
LEGAL DESCRIPTION: (BY CUENT)
COMO. A PARCEL OF LAND SMATE IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 6. TOWNISPIP 31 SOUTH. RANGE 39 EAST. CITY OF SEBASTIAN ' INDIAN RIVER
NOTE-- COUNTY FLORIDA. BEING mom FaRnmARLY DESCRIBED As FOLLOWS.
L COMMERCE AT THE SOUTHEAST CDRNER OF THE SAID SOUTHEAST ER OF THE
THIS 15 A TOPOGRAPHIC SURVEY ONLY. THE BOUNDARY DIMENSIONS
A SHOWN HEREON ARE AS MEASURED BETWEEN THE FOUND MONO- 4 SOUTHWEST QUARTER; THENCIE NORTH. ADM THE EAST LINE OF TEESKID SOUTHEAST
S QUARTER OF THE SOUTHWEST QUARTER AND THE CENTERLINE OF LOUSIANk AVENUE,
MENTATIION AS DIRECTED BY THE OJENT A REIRACEMENT IN STRICT A DWANCE OF 433 FEET. THENCE WEST. 40 FEET 70 THE WEST RIGHT Of WAY LINE OF
ACCORDANCE WITH THE LEGAL DEBOWTIDN HIAS NOT BEEN PERFORMED THE SAID LOUISIANA AVENUE TO THE PONT OF BEGINNING. THENCE NORTH, ALONG THE
P_ ill,
AND THEREFORE Not CERTIFIED AS A BOUNDARY SURVEY. ALL
�.Kulr I 'k.
41, SAID RIGHT OF WAY LINE, 50.65 FEET. THENCE WEST, 374.82 FEET TO THE
SWREAMMY RIGHT OF WAY LINE OF THE TRANS-FLORIDA RAILROAD (100 FEET WIDE):
THENCE SOUTHWESTERLY. ALAIRG SAID RIGHT OF WAY LAW. 6W.02 FEET TO THE SOUTH
BUILDING TIES ARE TO AFORESAID MONIUMENTED, LAVES. Abe - op... 01 4� \'
7V PAD
r LIVE OF THE SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 6; THENCE EAST. ALONG THE SAID SOUTH LINE 5072% FELT TO A POINT. BEING
Al� PAD 300 FEET EAST FROM THE SAID SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF
CO THE SOUTHWEST QUART13k THENCE NOR`K PARALLEL WITH THE SAID CENTERLINE OF
LOUISIANA AVENUE, 433.OD FEET, THENCE EAST 260.00 FEET TO THE POINT OF
BEGINNING
12'
CONTAINING 3.87 ACRES, MORE OR LESS.
3� op
w
r SURVEYORS A007M'
I. EASEMENTS AND RI -OF -WAY SHOWN HEREON EXCEPT AS
CAULEO FOR BY THE PUT ONLY III THOSE PRawDED TO THE
SUP&'YOR ME SURVEYOR PAS MADE NO SEARCH OF THE PUBLIC
J"-ZLI RECORDS FOR S"CH 2. ONLY OPEN AND NOTORIOUS EVIDENCE Of EASEMENTS AND
RIGHT -Of -WAY ARE LOCATED AND SHOWN HEREON THE SURVEYOP
Ag
HAS NOT LOCATED ANY UNDERCMMD LMLMES OR FOWDATIONS
+
WHICH Wr ENCROACH
1.4 6 1 w4x 3 BEARINGS HEREON ARE REFERRED TO AN ASSUMED VALUE OF
NEST 9OR DIE SECOND CIU IN TWE LECA-2 DESCRfP7KW
SA;O BEARING IS 'DENTICAL WtTll THE DESCRIPTION.
'RAPqC
TOP OF '41A SE x4P 4. TYPE OF SURVEY TnPOI,
POINT) LL-24-94 f_1 NGVD
".4 LEGEND
Fkc
7 fti�
lhV 5 A
J�eA -2
"W_ �%1sr 07
r5j, W.
23 lop OF a— m__ w
II za, FINI:
2—.
v,
507.33
Tm Of IIANK
&44 P? W +
CERTIFICATION CLIENT NUMBER: 2701-1
I HEREBY CERTIFY THAT THE SURVEY SHOWN HEREON REVISIONS: DATE: DRAWING NAME; 2701-I.DWG
WAS MADE UNDER MY DIRECTION AND IS TRUE AND DRAW DISK: SEE FILE
WILLIAM MOTT LAND SURVEYING INC. �THE BEST OF My KNOWLEDGE AND BELIEF PURSUVTr TO FLORID; LAW SEAT. 27MM-6.V3 g 7)) THIS CAD. FILE NAME: 2701 - I.CRD
IT MEETS THE MINIMUM REOUIREMENTS 8: SURVEY 6 BISED ON A CLOSED TRAVIEW WW A PRE- DATA DISK: SEE FILE
HH_6 PURSUANT 10 SECTION 472.D27
�F THE FLORIDA STATUTES. AW OF 1 418 FEET AM MEETS ?HF DRAWN BY: STEPHEN M. McMILLEN
C0I P MOT 00 a MW
1275 SOUTH PATRICK DRIVE, SUITE H CITY OF SEBASTIAN MWAWUM TECINUL SrAM FOR COMWERDW H)CH CHECKED BY: JONATHAN M. MOTT
�IRW SVA%n PAGE NUMBER: ONE OF ONE of 214
SATELLITE BEACH FLORIDA, 32937-3955 FIELD SURVEY DATE: 9/
ONATHAN M. U07 PA-S. SCALE; 9(92
SECTION WCH - 30 FEET
FAX (407)-777-4795 L�� - -- - -
PHONE (407)-773-4323 FLCCEiT. NO. 5w SEC 6. TOWNSHIP 31 SOUTH. RANGE .30 EAST/
Permit Application No.
SEW-5-1-FAN City of Sebastian
HAMEOr►tuciNtsmD Development Order A;)Iication
A;:,:licant (If not owner, written authorization (notarized) from owner is required)
Name:
Address:
Phone Number: (�7� S$'�1 - -33 C) FAX Number:
E-Mail: J n
Owner If different from a; �plicant)
Name:
Address:
Phone Number: ( ) - FAX Number: ( ) -
E-Mail:
Title of permit or action requested:
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 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
A. Project Name (if applicable):
B. Site Information
Address:
IOC
Lot: Block: Unit: Subdivision:
Indian River County Parcel #:
3 (3 QoC00000sQ0���.4
Zoning Classification: Future Land Use:
Existing Use: ! Proposed Use:
acr
C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessarv):
DATE RECEIVED: / / FEE PAID: $
RECEIVED BY-
136 of 214
Indian RNer County Property Appralser
PROPERTY APPRAISAL INFORMATION 2024
PROPERTY 30819 R COMM 10V2012015 OWNER ID:
CITY OF SEBASTIAN TAX AREA:
2B
IMPROVEMENT VALUE
Legal DescripSon 141322
1225 MAIN ST '3U819'
LAND MARKET
7.5 A IN SW19. D BK 3, PP 279 LESS E 2885 FT OF S 433
SEBASTIAN FL 32958
TOTAL MARKET VALUE
FT THEREOF G LESS N 287.2 5 FT AS MEASURED ALONG
,
ACRES:
413DD
RR R/W AS PER ORBK 708 PP 819
AG VALUE
APPR VAL
METHOD: Cost
PRODUCTIVITY LOSS
313906000095aooa9924.0
DBA:
SOH %: 0.00
ASSESSED VALUE
SMS 10D VETERANS MEMORIAL WAY SEBASTIAN. FL 32058
WON 54 %: 0.00
EXEMPTION VALUE
N'SOH 65 %: 100•00
TAXABLE VALUE
GENERAL
SKETCH FOR IMPROVEMENT 02
pXEMPTIONS
UTILITIES LAST APPR.
38tt tr
TOPOGRAGPHY LAST APPR.YR
w
ROAD ACCESS LAST INSP. DATE
CJ
ZONING NEXT INSP. DATE
I�"3 F
PICTURE
PRIMARY USE 9 OF IMPRV
NEXT REASON
—
REMARKS
1
SNACK
(Ares: 1764 In
BUILDING PERMTS
SALES INFORMATION
3911tt/�-r\
MGM WID-j
/�• y��{y/,y1,y�p�pr�
�{�Jy��]/y�T' y,_ y
I��DXE�EMT FCA7ISRED
O ME CHAPi WM CU�IIY6VH
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A di�il C ��T� HV0.T�'TFl CORD-�1,LUL NIYf kTom Fun COUP
I{W 11WV�
1 • SNAC )MM C/
AV 100 0.00 0.00
1,764.0 79.47 1 1970 197D AV 140,186 44.00%
D.44 01,681
t/=RWMN
UAM
CODE oeacnmnoH
2 CAN2 )MM C/
AV 100 0.00 0.00
33.0 16.89 1 1979 1979 AV 52A 44.00%
0." 231
Coifing
0.00
Orywell Units Type
2 Storage Warehouse
Llvtng Area:
1.797.0 (E1979) Homesite: N 140,709 U Aroa: 1,764
`4n8
81.912
De eflor tiara Table
EJdeAa
0.00
100.00
Concrete Block
ck
Concrete Bbtk
BREAK ROOM
FtwType
0.00
Concrete Stab
Frame
0.00
Masonry
Group ID
0.00
Commamal Gn
Hcav
100.00
Packeae
Piumbft
2.00
PhJmbfng
Roof Type
0.00
Gave
Roofing
50.00
Composilk/n. Si
RoofiV
50.00
Composition. R
SpecLW Rate
0.00
Special Rate
stray
raetro- suastT
U{10VAi11A110M aaswoe p\�L�Ey� WRAa1q
asw.ni
- Tx1wDTArmr�rATlDn
lidr
WKWO IUEE am CU TAM
Ha GETH UMTa WETP=V ellpaU VAL ADJ LANDA01 14C WT VAL
AO ACMM AG UM AG TABLE
W
O
N Pege 2 of 4
Effective Date orApmIsa Jamey Date PrKed 12/D112023 8:03:33PM by PaosComancl
2024-0-30810-141322J
417.902
f 458,750
a 676.652
0
c D
876.652
870,652
= 0
.l
URns cow
0.00 Square feet
AG War PRL AG VALUE
WebID30819
Indian River County Property Appraiser
PROPERTY 30819 R COMM 10=12015 OWNER ID:
Legal Description 141322
7.5 A IN SWIM. D BK 3, PP 279 LESS E 2885 FT OF S 433
FT THEREOF 6 LESS N 287.2 5 FT AS MEASURED ALONG
RR RAN AS PER ORSK 708 PP 819
313905000005000003240
SAS 100 VETERANS MEMORIAL WAY SEBASTIAN. FL 32956
GENERAL
UTILITIES
LAST APPR.
TOPOGRAGPHY
LAST APPR. YR
ROAD ACCESS
LAST INSP. DATE
ZONING
NEXT INSP. DATE
PRIMARY USE
0 OF IMPRV
NEXT REASON
REMARKS
BUILDING PERMITS I
SALES INFORMATION
PROPERTY APPRAISAL INFORMATION 2024
CITY OF SEBASTIAN TAX AREA: 26
1226 MAIN ST "30819A
SEBASTIAN. FL 32958
ACRES: 44300
APPR VAL METHOD: Cost
DBA: SOH %: 0.00
NSOH 54 %: 0.00
NSOH 55 %: 100•00
SKETCH FOR IMPROVEMENT 93 1
r•r
STOR g
A- �w
10011
IMPROVEMENT VALUE
LAND MARKET
TOTAL MARKET VALUE
AG VALUE
PRODUCTIVITY LOSS
ASSESSED VALUE
EXEMPTION VALUE
TAXABLE VALUE
EXEMPTIONS,
PICTURE
e
��Y
% R1 1
eAG/VAW
01lPROV[011 DO "ATURES
IT TTPE 6MAPe WM CWSOw
LBIVTII i
AFlA WYfR6l COiID VA. .I. UCON .
.
1 •STOR )mm 5/
AV 1D0 0.00 0.00
4.000.0 41.63 1 1999 IM AV 168.62081.DD%
0.81
134.881
a*"
COOK
2 UT2N OSC S/
AV 100 10.00 20.00
200.0 8.94 1 2007 2007 AV 1,788 88.10%
0.88
1.S75
COOny
0.00
No Calling
3 UT2N USC S/
AV 100 12.00 24.00
268.0 8.94 1 2015 2015 AV 2.575 93.70%
0.94
Z413
Demckaton Table
0.00
Commercial Blc
ExterW
100.00
Metal parole
3 5tnragewareflause
... ..............
>� ;
- - . .......
4,488.0 (E19B9) Homeette: N 170.683 1JvbTQArea 4A0
.......
138888
FW-Ty-
0.00
Cc, to 6slab
OAO
Mold Slag! Fret
Group ID
0.00
Indtmb al Grout
Pkanbho
1.00
Plumbbv
Roof Type
0.00
Gable
Roorkv
100.00
Metal ComjWj
Special Rafe
0.00
Special Rate
Unb Type
6.00
Bays, S.Siallm
FRE6iv.. sr7eaS- -
LIDIIGOHWA Zak= uma SOL CLA TAUM
2024-0-MIS.141322J
417,902
+ 458,750
876,652
0
0
876.652
676,652
0
.j
um" Cox
LAID VAW1ITi6i am FI"R CLPLrljr. — 06t Aew� pWY: Pit000CIMfYVALLATgN
He mwm uwm War POM 4=0e VAL AW MOAD) Oft NWVAL AO ACf19 Aa VU ADTASW AD WDT POW
FJfecBve Date of Appraisal: January Data Pdnta4 121012023 8:03:33PM by PacsCommand
AOVALw
WeDID-30819
Indian River County Property Appraiser
PROPERTY APPRAISAL INFORMATION 2024
2024-0-30819-1413221
PROPERTY 30819 R COMM 10/20/2016 OWNER ID:
CITY OF SEBASTIAN TAX AREA:
2B
IMPROVEMENT VALUE
417,902
Legal Description 141322
1225 MAIN ST . .
30819
LAND MARKET +
458,750
7.5 A IN SW1/4, D BK 3, PP 279 LESS E 2886 FT OF S 433
SEBASTIAN, FL 32958
TOTAL MARKET VALVE a
876,662
FT THEREOF G LESS N 267.2 5 FT AS MEASURED ALONG
ACRES:
4.1300
RR R/W AS PER ORSK 708 PP 819
AG VALUE =
0
APPR VAL
METHOD: Coat
PRODUCTIVITY LOSS Q
0
11390600000600000024A
DBA:
SOH %: 0.00
ASSESSED VALUE _
876,662
SrMS 100 VETERANS MEMORIAL WAY SEBASTIAN. FL 32958
NSOH 54 %, 0.00
EXEMPTION VALUE _
876,652
NSOH 65 %: 100.00
TAXABLE VALUE
0
GENERAL
SKETCH INFORMATION
EXEMPTIONS
UTILITIES LAST APPR.
TOPOGRAGPHY LAST APPR, YR
ROAD ACCESS LAST INSP. DATE
ZONING NEXT INSP, DATE
PICTURE
PRIMARY USE 4 OF IMPRV
1
NEXT REASON
REMARKS
BUILDING PERMITS
SALES INFORMATION
ara*m ^f➢E -.
-� ! .1 (y�r..�„yyyy suauT:
�rAugnolt- gyo{ZA T'[,Tf! APaeAmf 'TOW '"Lenore
'ego Suez �y�1pf 1WROVMEfffFEATURg9
m TYPE BMAPE YiND CWJ3 8
CP+ley Gr
[elry}u
M�17N
APi• (rkt� bUaf EkRpA tSr15 V GUr arm PMTB EC011 WNC COMP
ADl 1�lVA[f&
1 AAPV OSC '/
AV 100
0.00
0.00
7.500.0 329 1 1999 1999 24.675 01.00%
0.81 19,087 0`�e um. coon owwA /YTOM
2 CLF61 USC '/
AV 100
0.00
0.00
1,980.0 10.51 1 1989 1999 20,810 81.00%
0.81 16,856
3 CONC 11SC '/
AV 100
0.00
0.00
924.0 3.29 1 2000 2000 3.040 82.00%
0.82 2,493
4 CLF61 USC '!
0,00
0.00
55.0 10.51 1 2021 2021 AV 578 00.00%
1.0D 578
4 COMMERCIALMISCELLANE
I,ivinyArMB:
10,459.0(E1999)Homesna: N 49103 UvingArea: 0
39,914
UADe coos
aTOAu. __nano:.. .�tt aumel:-- ---uBovAu'RLnon -----awns, -- c,v.uY - -.-- 4btAanT: cEahar: _-------PAWUCTABITYSUATp71 -.
LB OanCiBPn010 =OMOW Una BOIL CLB TABLE me mm URne UMn PFCCE OBOUVAL ADJ IAm ADJ BRL NKT VAL AO ACMA AO USE AO TABU AO UM PPC
7:
Ao VALUE
O
to 4 o1 4
� Page Effect" Date of Appraisal: January Dais Printed: 12011= 8:03:33PM by PacaCommand WSDID-30819
SEBASTIAN
tIM 11 MMI11 t111���110■
11l1 7011
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: February 14, 2024
Agenda Item Title: Ordinance 0-24-03 — First Reading - Request for Rezoning — Warrior
Recycling
Recommendation: Approve Ordinance 0-24-03 on first reading, set date for second reading and
adoption
Background: The subject property consists of 5.13 acres, more or less, located north of the
City of Sebastian's Airport, south and west of Crail Warehouse, and south of 1300' Street. Existing residential
surrounds the property to the north. The property contains one 5,000 square foot building but is otherwise
vacant. The subject property was originally constructed for the Knights of Columbus in 2000. A few years
later it was sold and utilized for light industrial and warehousing. Most recently it was gymnastics studio. The
new property owner is interested in utilizing the property as a recycling facility, which requires a rezoning
request to Heavy Industrial. This parcel abuts unincorporated Indian River County to the north, south and
west and is contiguous to the existing corporate limits of the City of Sebastian on the east. Current land use
for this parcel is Industrial. The current zoning is IN Industrial District. The properties zoning amendment
proposal is for HI (Heavy Industrial) which is compatible with the existing future land use as identified in the
City of Sebastian's 2040 comprehensive plan.
The Planning and Zoning Commission of the City of Sebastian held a public hearing at its duly noticed
February 1, 2024 public meeting to consider the proposed Rezoning request and recommended adoption
of the proposed request.
If Agenda Item Reauires Exuenditure of Funds:
Budgeted Amount: NA
Total Cost: NA
Funds to Be Utilized for Appropriation: NA
Attachments:
1. Ordinance 0-24-03
2. Rezone Staff Report
Administrative Services Department Review:
City Attorney Review:
Procurement Division Review, if applicable:
City Manager Authorization:
Date:
142 of 214
ma
SEBASTIAN
HOME OF PELICAN ISLAND
Community Development Department
Rezoning Amendment
PZ Commission
February 1, 2024
Item 7.B. P&Z Quasi -Judicial Hearinca — Recommendation to Citv Council
Land Development Code Rezoning Amendment for a specific site
Warrior Recycling
1. Project Name: Warrior Recycling, 7701 1301h St
2. Project Applicant: Rebecca Grohall, MBV Engineering (Authorized Agent)
1835 20`h St
Vero Beach, FL 32960
3. Requested Action: Request is for a change from IN (Industrial) to HI (Heavy Industrial)
3. Project Location: Section 21, Township 30 South, Range 38 East
Subject Parcel is 5.13 Acres, More or Less
Parcel # 30382100006017000003.0
Legals: See Attached
4. Project Description
The subject property consists of 5.13 acres, more or less, located north of the City of Sebastian's
Airport, south and west of Crail Warehouse, and south of 130`h Street. Existing residential surrounds
the property to the north. The property contains one 5,000 square foot building but is otherwise vacant.
The subject property was originally constructed for the Knights of Columbus in 2000. A few years later
it was sold and utilized for light industrial and warehousing. Most recently it was gymnastics stud'o. The
new property owner is interested in utilizing the property as a recycling facility, which requires a
rezoning request to Heavy Industrial. This parcel is abuts unincorporated Indian River County to the
north, south and west and is contiguous to the existing corporate limits of the City of Sebastian on the
east. Current land use for this parcel is Industrial. The current zoning is IN Industrial District. The
properties zoning amendment proposal is for HI (Heavy Industrial) which is compatible with the existing
future land use as identified in the City of Sebastian's 2040 comprehensive plan.
143 of 214
5. Site Data
a. Site Characteristics
1) Total Acreage:
(2) Current Land Use(s):
(3) Current Zoninq:
b. Adiacent Properties
Zoning
North (County) IL
East: (City) IN
West: (County) Rose-4
South: (County) Rose-4
6. Comprehensive Plan Consistency,
5.13 acres
HI (Heavy Industrial)
IN (Industrial)
Existinq Use
Convenience Center
Manufacturing
Residential
Residential
Future Land Use
C/I
HI
L-2
L-2
a. Changed Conditions: The proposed change of zoning to a higher intensity of use, Heavy
Industrial, is consistent with the current zoning along the corridor. Existing. residential
development adjacent to the property may be served by the commercial/industrial uses which
are appropriate as this corridor continues to develop as a service area for the community. This
designation will provide suitable uses for potential future developments.
b. Land Use Compatibility: The HI (Heavy Industrial District Sec 54-2-5.3.6A) zoning is intended
to permit industrial and manufacturing establishments of vary size, scale and type for the vitality
of the district. The Future Land Use element Policy 1-1.3.7 states the purpose of the industrial
Land use designation is to provide strategically located sites for industrial needs and requisite
support services. The requested rezoning to Heavy Industrial is compatible with the land uses
and zoning in this corridor.
c. Conformance with Ordinances: The proposal is in conformance with applicable substantive
requirements of the Code of Ordinances and Land Development Code, and no changes to these
ordinances are required at this time due to this request.
d. Adeauate Public Facilities: The property has provided assurance of the availability of sufficient
public access and public facilities. The property is within the current service boundary for
water/sewer and public safety. Level of Service standards will be assessed when the site plan is
submitted.
e. Natural Environment: An environmental assessment of the subject property will be required as
part of site plan development application. All natural resource protection measures, including tree
protection, wetlands, and listed species, will be required as part of the permitting and development
process.
f. Economic Effect: The property contains a vacant 5,000 square foot building and there no
current active existing uses. The proposed rezoning to Heavy Industrial will allow for industry to
utilize this property for local business and thus creating jobs for local community.
2
144 of 214
g. Orderly Development: The proposed rezoning is consistent with the Land Development Code
and Code of Ordinances.
h. Public Interest: The proposed rezoning does not appear to be in conflict with the public interest
and is in harmony with the purpose and intent of the City of Sebastian Comprehensive Plan 2040
and Land Development Code.
T. Conclusion:
The requested rezoning from Industrial to Heavy Industrial is consistent with the Zoning Map
and staff supports a recommendation of approval to the City Council from the PZ Commission.
Alix Bernard
PREPARED BY
3
21IJ2024
DATE
145 of 214
Attachment A
146 of 214
ORDINANCE NO.O-24-03
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A
ZONING CLASSIFICATION OF HI (HEAVY INDUSTRIAL) FROM THE CURRENT
ZONING DESIGNATION OF IN (INDUSTRIAL), FOR LAND CONSISTING OF 5.13
ACRES, MORE OR LESS, KNOWN AS WARRIOR RECYCLING; LOCATED NORTH
OF THE CITY OF SEBASTIAN'S AIRPORT, SOUTH AND WEST OF CRAIL
WAREHOUSE, AND EAST OF RESIDENTIAL DEVELOPMENT; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S
ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Owner Shannon Cook owns certain real property (approximately 5.13 acres) located at:
north of the City of Sebastian Airport, south and west of Crail warehouse, and east of residential development;
and
WHEREAS, the current zoning classification on the property is IN (Industrial); and
WHEREAS, Owner has filed a petition for amendment to the Zoning Ordinance in order to change the
current zoning classification on the property to IU (Heavy Industrial); and
WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public
hearing to receive citizen input; and
WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in
the Land Development Code together with the recommended findings and recommendations of its staff and
Planning and Zoning Commission; and
WHEREAS, the City Council has made the following findings:
A. The proposed rezoning is compatible with the adjacent area.
B. The proposed rezoning is consistent with the goals, objectives and other elements of the
Comprehensive Plan.
C. The proposed rezoning is in conformity with the substantive requirements of the City of Sebastian
Code of Ordinances, particularly the Land Development Code.
D. Adequate public facilities and services exist in the City to serve the proposed rezoning and will not
exceed the capacity for such services and facilities.
E. The proposed change in zoning will not result in any adverse impacts on the natural environment.
F. The proposed change in zoning will not adversely affect the property values in the area, or the general
health, safety and welfare of the City or have an adverse impact on the financial resources of the City.
G. The proposed change in zoning will result in an orderly and local development pattern.
147 of 214
H. The proposed change in zoning is not in conflict with the public interest of the citizens of the City of
Sebastian.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. PROPERTY. The change in zoning classification created by the adoption of this
Ordinance shall affect the following described real property, now lying and being within the incorporated
area of the City of Sebastian, Indian River County, Florida:
See attached Exhibit "A " Property Warranty Deed
SECTION 2. REZONING. The real property described in the attached Exhibit "A" is hereby given a
City zoning designation of HI (Heavy Industrial).
SECTION 3. ZONING MAP. The official City Zoning Map shall be amended to include the real
property described in the attached Exhibit "A" and reflect its designated zoning district as HI (Heavy
Industrial in accordance with the requirements of Florida law.
See attached Exhibit "B " Zoning Map
SECTION 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 5. SEVERABILITY. In the event a court of competent jurisdiction shall determine that
any part of this Ordinance is invalid or unconstitutional, 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 or unconstitutional provisions. It shall further be assumed that the City Council would have
enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect after 2 d reading.
SECTION 8. ADOPTIVE SCHEDULE. That this Ordinance was passed on the first reading at a
regular meeting of the City Council on the 14'h day of February, 2024 and adopted on second/final
reading at a regular meeting of the City Council on the 28`h day of February, 2024.
PASSAGE UPON FIRST READING
The foregoing Ordinance was moved for passage upon first reading this 14`h day of February, 2024, by
Councilmember The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
148 of 214
Mayor Ed Dodd
Vice Mayor Kelly Dixon
Council Member Fred Jones
Council Member Christopher Nunn
Council Member Bob McPartlan
ATTEST:
Jeanette Williams, MMC
City Clerk
ADOPTION
The foregoing Ordinance 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 Kelly Dixon
Council Member Fred Jones
Council Member Christopher Nunn
Council Member Bob McPartlan
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
, 2024.
ATTEST:
Jeanette Williams, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
By:
Ed Dodd, Mayor
Approved as to form and legality for
Reliance by the City of Sebastian only;
Jennifer Cockcroft, Esq., City Attorney
149 of 214
3120200055127 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL
BK: 3339 PG: 389, 9/17/20201:44 PM D DOCTAX PD $0.70
•
This Document Prepared By and Return to:
Tracy Cook
14325 U.S. Highway 1
Sebastian, Florida 32958
Pared ID Number:
Quitclaim Deed
This Quitclaims Deed, Made this 11 T -\ day of &P�vn bv-
Red Warrior Holding Corp., a Florida Corporation
L' xhibit A
, 2020 A.D. ,
of the County of Indian River , State of Florida
Warrior Scrap Metals Inc., a Florida Corporation
whose address is: 77O1 130Stg&i6t1�1 32958
Sebcas{ i on-\
Between
, grantor, and
of the County of Indian River , State of Florida , grantee.
Witne. 343eth thin the ORANI'OR, for and in consideration of die sum of
----------------------------TEAT DOLLARS($10)--------------------------- DOU-ARS,
and other good and valuable consideration to GRANTOR in hand paid by GRANITE, the roceipt wbdoof is hereby acknowledged, has
granted, bargained and quitclaimed to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following dcsaffied lead, situate,
Tying and being in the County of Indian River State of Florida to wit
See Exhibit "A"
To Have and to Hold the same together with all and singular the appurtenances thercunto belonging or in anywise
and ell the estate, right, title, interest, lien, equity and claim whatsoever of grantor, either in law or equity, for
the use, benefit and profit of the said grantee forever.
In Witn . Whereof, the grantor Gas hereunto set hand and seal the day and year first above written.
Signed, al a d delivered in our presence:
(Seal)
Prin d / ( Jess ca M. PSVCZynSkl Red Warrior F6�ding Corp.
Witne l/ v Tracy A. Co reaidsnt
--- - 150 of 214
BK: 3339 PG: 390
EXHIBIT "A"
Lot 17 in Section 30, all according to Bevy's Subdivision of the Carter Survey of the Fleming Grant,
Township 30 South, Range 38 East, according to the Plat thereof, as recorded in Plat Book 2, page 14,
Public Records of St. Lude County, Florida, LESS AND EXCEPT the West 20 feet thereof as reserved In
Deed Book 4, page 353 for private and public roadways; AND LESS AND EXCEPT right-of-way for Gibson
Street as recorded in Deed Book 4, page 353 and additional right-of-way as recorded in Plat Book 14, page
37, Public Records of Indian River County, Florida; said lands now lying and being In Indian River County,
Florida.
151 of214
Attachment B
153 of 214
Jh 04
SEBASn-- M
HOME OF PELICAN ISLAND
COMMUNITY DEVELOPMENT DEPARTMENT
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 a www.chyotsebastion.org
U 'Ia.0PMFN �t 7iJ JEt''r ti
1 f ;. is
FJ Comp Plan Land Use Amendment
(Large Scale)
0 Comp Plan Land Use Amendment
(Small Scale)
ProjectName:Warrior Recycling
ParcellD:30-38-21-00006-0170-00003.0
Existing Address of Site: 7701 130th Street
Proposed Address of Site:
0 Comp Plan Text Amendment
0 Land Development Code Text Amendment
X. Rezoning
Annexation
Total Site Area: 4.6 +/- Acres
Proposed Use: Metals Recycling Facility Land Use:Heavy Industrial
Contact Name: MBV Engineering, Inc.- Rebecca Grohall
Address:1835 20th Street, Vero Beach, FL 32960
Telephone: 772-569-0035 Email: rebeccag@mbveng.com
Acres\SF
Zoning: IN
Applicant (If not owner, written authorization (notarized) from owner is required)
Owner: Shannon Cook
Address: 7701 130th Street, Sebastian FL 32958
Telephone: 772-539-3073 Email: warriorianes@att.net
Date Received: Fee Paid: Received by:
FORM B
154 of 214
PS urvoyor: Indian River Survey, Inc.
[Address: 1835 20th Street, Vero Beach, FL 32960
fTelephone: 772-569-7880 Email: stevec@indianriversurvey.com
[Engineer: MBV Engineering, Inc.
FAddress: 1835 20th Street, Vero Beach, FL 32960
ETelephone: Email: mbe� mhyen .com
772-569-0035 9� g �
Pre — Application Meeting Date:
DESCRIPTION OF PROPOSED
PROJECT-
Rezoning to heavy industrial.
L.
SIGNATURE OF APPLICANT
1 hereby certify that I have read and examined this application and know the same to be true and correct. All
provisions of laws and ordinances governing this type of work will be complied with, whether specified herein or
not. The granting of approval does not presume to give authority to violate or cancel the provisions of any other stab:
or local law regulating construction or the performance of construction.
Shannon Cook
Print name Signature Date
Notarv:
STATE OF:
COUNTY: w�aa Zveer
I hereby certify that on -"' n YAP Y aw'n 20_�a3 personally appeared
W3Mnn C0 C. who is personally known to me or has produced
identification. Type of identification produced: l p
SEAL ',r `_ AMNNDA GAGNI)N V���� n n nllrt C� p,,/
[SEAL] MY COMMISSION # HH 18d891 ` .yt 1 `� ` A
EXPIRES: 12,2025 Notary PublicMWed /� U
�rhr`U"d`"'"eer° My Commission Expires: -A1,l�w�;A ice, 2o}S
FORM 11
155 of 214
COMMUNITY DEVELOPMENT DEPARTMENT
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 www.ciivolsebostion.orq
I)F.VF.LO1'i\1LN'I' ItE�'IF:�i' APPLICATION FEE SCIIEDL1I.L;\CH1.':CKLIS'I'
$2,000 Comp Plan Land Use Map
Amendment (Large Scale)
$1,500 Comp Plan Land Use Map
Amendment (Small Scale)
$1,000 Annexation
APPLICATION FEES:
$2,000 Comp Plan Text Amendment
$1,500 Land Development Code Text
Amendment
$1,250 Rezoning
"APPLICATION FEE IS NON-REFUNDABLE UPON PAYMENT TO THE CITY"
DOCUMENTS SUBMITTED FOR APPLICATION REVIEW:
Z Summary Report: addressing review
considerations in accordance with 54-1-2.7
Land Development Code and 54-1-2.9 Land
Development Code where applicable; or,
objective 1-2.4 of Comprehensive Plan 2040
of all annexations.
® Location Map
® Two (2) Boundary and Topographic
Surveys
k Warranty Deed for all owners and/or
Notarized Letter of Authorization
19 Future Land Use Map: Current and
Proposed
9 Zoning Map: Current and Proposed
N/A❑ Traffic Impact Analysis Statement (See summary)
® Electronic Copy - Complete Submittal
NIA❑ Stormwater Calculations (previously submitted)
ADDITIONAL FEES
Should the review process be delayed by the applicant for longer than G months, re -submittal will be
required consistent with current regulations and fees.
The applicanUowner shall have 1 year from the approval date to commence construction of all or any phase.
If the site plan expires, the applicant/owner must re -apply for a new review with applicable fees. An
extension may be requested for additional fees.
156 of 214
REZONING STATEMENT FOR WARRIOR RECYCLING
This is a request to rezone the property comprising five acres, more or less, in the City of Sebastian
from its current Industrial zoning designation to the newly created Hea«, Industrial. The proposed
development, for Warrior Recycling, is located on the north side of Sebastian's Airport, nearby to
the County's Waste Transfer Station, immediately adjacent to the east is the warehouse facility for
Crail LLC, as well as some scattered residential development. The site is within the City limits of
the City of Sebastian and was originally Knights of Columbus around 2000. However, within a
few years after that C.N. Kirrie purchased the property and utilized it for light industrial and
warehouse space. After that, the property was utilized for a brief time as a gymnastics facility and
has been vacant most recently. The development is located within an industrial park that has a
Future Land Use of Heavy Industrial and is suited for continued industrial development.
In the Summer of 2021, the City adopted their revised Comprehensive Plan which designated this
property, and several others in the vicinity, with the Land Use classification of Heavy Industrial.
This rezoning request is in conformance with all ordinances and is compatible with all surrounding
land uses. This rezoning request is the last step in "housekeeping" for the site plan submittal for
this site, it recognizes the uses sought are compatible -with the Heavy Industrial classification. The
rezoning of the subject property would be consistent with the City of Sebastian Land Development
Code. The development would not adversely affect the surrounding property values, or the general
welfare of same.
The site consists primarily of previously disturbed soil. Vegetation currently on the site consists
of Live Oak, Palmetto, Brazilian Pepper, and miscellaneous grasses. This site does not support
any listed species of flora, although the site does support Gopher Tortoises on the undeveloped
northerly portion. There is a wetland on the site and has been reviewed by St. John's Water
Management District. Currently, this project will utilize avoidance of the Wetland area, with an
upland protection buffer. Permitting Gopher Tortoises will be performed during the permitting
phase. The Stormwater report was provided previously and will be provided as part of the Site
Plan resubnuttal.
Trip Generation does not change for this site from its current zoning as Industrial to the requested
zoning classification of Heavy Industrial. During the site plan process, we can demonstrate that
the proposed use meets the adopted level of service standards and the requirements of the City of
Sebastian. The Trip Generation as calculated yields ten trips per day, and based upon prior uses
in the building, these are not new trips.
ITE 11`h Edition, Warehousing (150):
WEEKDAY. 1.71 / 1,000 SF of building = 1.71 x 5.41 (KSF) = 9.25 TRIPS
AM PEAK OF ADJ. STREET: 0.62 / 1,000 SF of building = 0.62 x 5.41 (KSF) = 4 TRIPS
PM PEAK OF ADJ. STREET: 0.67 / 1,000 SF of building = 0.67 x 5.41 (KSF) = 4 TRIPS
157 of 214
Indian River County Property Appraiser
PROPERTY 10579 R COMM 10/20/2015 OWNER ID:
Legal Description 340511
AA BERRYS PLAT PBB 2-25A SEC 30 LOT 17 LESS AND
EXCEPT PORT FOR ADDL ROW PSI 14-37 AND LESS AND
EXCEPT ROW DB 4153
30382100006017000003.0
SITUS 7701 130TH ST SEBASTIAN, FL 32950
GENERAL
UTILITIES
LAST APPR.
RF
TOPOGRAGPHY
LAST APPR. YR
2020
ROAD ACCESS
LAST INSP. DATE
06/16/2020
ZONING IN
NEXT INSP DATE
PRIMARY USE 7200
A OF IMPRV
1
NEXT REASON
REMARKS
BUILDING
PERMITS
ISSUE DT PERMIT TYPE
PERMIT AREA ST
PERMIT VAL
11/27/1996 ALTS
I
625
10/09/1996 ALTS
I
7,000
PROPERTY APPRAISAL INFORMATION 2024
2024-0-10579-340511�
WARRIOR SCRAP METALS INC TAX AREA:
2
IMPROVEMENT VALUE
159,355
7701 130TH ST '10579'
LAND MARKET +
125.205
SEBASTIAN. FL 32958
TOTAL MARKET VALUE =
284,560
ACRES:
4.9100
AG VALUE =
0
APPR VAL METHOD:
Cost
PRODUCTIVITY LOSS =
0
DOIN
SOH %:
0.00
ASSESSED VALUE =
284.560
NSOH 54 %:
0.00
EXEMPTION VALUE _
NSOH 55 k:
100.00
TAXABLE VALUE =
284,560
SKETCH FOR IMPROVEMENT 91
EXEMPTIONS
8Cft
PICTURE
a
tot
L + i
r
SALES INFOFMATION
1
-
SALE DT PRICE
GRANTOR DEED INFO
09/11/2020 100
RED WARRIOR HOLDIfOC / 3339 / 389
09/06/2016 350,000
CASE MARIE L WD 12965 / 2102
08/01/2004 385,000
KIRRIE C N WD / 1769 / 1714
1
21303800006017000003.0
rw*bn: aU� �- %--1FIIRii-(tRVNANO-}�°_00�.i IIOOS"_•••�t. I�
=HD
OVF.F TVALW]gN LNWARIA ,RR� APPMGFT:
'Sllt BALnIOR: .dE-2n
•t -
3(T/p�R
n TYPE -111 et+tSt6U!
F LEMe 4
]ly L TII W1p1H ARlA UNIT PRICE VNRB BUILT CI�TR LaI, ALU! plPR
FI/TA [coN FVNC cOIAP Ap,l
hDI VILLUE
IMPROVEMMTFEATURE6
GYM )MM St
LO 100 0.00 0co 5,0000
51.44 1 1997 1997 AV 257,20072.00%
75%' 0.54
138.888
DEacpV110N
UNrrs
Cocr OEACRSm N UNnB CODE
2 AAPV 41SC St
AV 100 340.00 20.00 6,803.0
3.81 1 1997 1997 AV 25,908 79.00FA
0.79
20.467
Gelling
0.00
Acoustical Tile
1 Storage Warehouse
Living Am&: 11,800.0 (E1997)
Homoslte: N 283.108
Living Area: 6,000
159.355
DoProciallon Table
&torior
0.00
Commercial Bic
VACANT RLDG
Floor Cow
10000
0.00
Metal panels
Carpet (was to
FloorTyoe
000
Concrete Slab
Frame
0.00
Rigid Steel Frar
Group ID
0.00
Industrial Grout
HCBV
100.00
Package
Plumbtnq
2.00
Plumbinq
Roof Type
0.00
Gable
Roofing
100.00
Corrugated Ste
Special Rate
0.00
Special Rate
RFGgN. BUBO: ]R38]1RORFZ7 WND: 111R01.R01BB{) BVBBai;
LANDVALVATM Iml]wBe GPM]! BIBB: MRAas BTa
TIV PRODUCRYVALVAPON - ---- -
U Oi 3CAR•IgY
2OMIq LURE BOIL I I I TABLE
a8 RUM wwr8 UMT PN[; GRO88 VAL AD/ URDAW $AC
IRLTVAL
AG ACRES ACME
ACTABLE AB lNI PRC
1 Arrn
IN 72T SPECIAL
N A 4.9100 AC 30.000 00
147.300 1.00 0.85 A
125.205
N
AG VALUE
0,00 0
Lena TOW-125,205
4.9100
125,205
0
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CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: February 14, 2024
Agenda Item Title: Consideration of Agreement for Reimbursement of Costs for Solid Waste
Collection and Disposal Services Non -Ad Valorem Assessments between the
City of Sebastian and the Indian River County Tax Collector and Authorize
the Mayor to Execute Appropriate Documentation
Recommendation: City Council approval of the agreement between the City of Sebastian and
the Indian River Tax Collector for the reimbursement of costs for solid waste
collection and disposal services non -ad valorem assessments.
Background: The City Council approved Resolution R-23-37 on December 13, 2023
establishing its intent to use the uniform method for collection non -ad valorem special assessments for the
cost of providing solid waste collection and disposal services to properties within the incorporated area of the
City. This agreement agrees to reimburse the Tax Collector for necessary administrative costs incurred in
implementing assessments for this usage in an amount not to exceed two percent of the amount of special
assessments collected and remitted to the City.
If Agenda Item Renuires Expenditure of Funds:
Budgeted Amount: N/A
Total Cost: Estimated annual cost of 2% fee is $59,521.54
Funds to Be Utilized for Appropriation: Non -Ad Valorem Assessments Collected
Attachments:
1. Agreement for Reimbursement of Costs between the City of Sebastian and Indian River Tax
Collector
2. Resolution R-23-37
Administrative Services Depart ent Review: 4utl__
City Attorney Review:
Procurement Division view, if applicable:
City Manager Authorization: /
Date: �f 7la 0.1
161 of 214
AGREEMENT FOR REIMBURSEMENT OF COSTS FOR SOLID
WASTE COLLECTION AND DISPOSAL SERVICES NON -AD
VALOREM ASSESSMENTS BETWEEN THE CITY OF SEBASTIAN
AND THE INDIAN RIVER COUNTY TAX COLLECTOR
This Agreement for Reimbursement of Costs associated with a solid waste collection and
disposal services non -ad valorem assessment (hereinafter "Agreement") is made as of
by and between the CITY OF SEBASTIAN (hereinafter called "City") and
the INDIAN RIVER COUNTY TAX COLLECTOR (hereinafter called "Tax Collector").
In consideration of the agreements, covenants and conditions hereinafter set forth, the City
and Tax Collector agree as follows:
1. SCOUe of Agreement.
a. The City of Sebastian has previously established its intent to use the uniform method
for collecting non -ad valorem special assessments for the cost of providing solid
waste collection and disposal services to properties within the incorporated area of
the City by its Resolution R-23-37 adopted on December 13, 2023. A copy of this
Resolution was mailed to the Florida Department of Revenue, the Tax Collector and
the Indian River County Property Appraiser prior to January 10, 2024.
b. The Tax Collector agrees annually to carry out her duties in utilizing the uniform
method for the levy, collection, and enforcement of non -ad valorem assessments as set
out in Florida Statute 197.3632 for the City of Sebastian solid waste collection and
disposal services special assessments.
2. Compensation.
a. The City agrees to reimburse the Tax Collector for necessary administrative costs
incurred by the Tax Collector in implementing assessments for the City's solid waste
collection and disposal services, utilizing the uniform method for the levy, collection,
162 of 214
and enforcement of such non -ad valorem assessments, including, but not limited to,
those costs associated with personnel, forms, supplies, data processing, computer
equipment, postage, and programming.
b. The City will reimburse the Tax Collector for the necessary administrative costs of
collecting non -ad valorem assessments, in an amount not to exceed two percent (2%) of the
amount of special assessments collected and remitted to the City.
c. Concurrent with each remittance to the City, the Tax Collector shall automatically deduct
an amount not to exceed two percent (2%) of the amount of special assessments collected
by and remitted to the City. The remittance schedule shall be determined by the Tax
Collector and shall vary depending upon the time of year of each remittance.
3. Term.
a. This Agreement shall be implemented upon the levy of the aforementioned solid waste
collection and disposal services non -ad valorem assessment by the City Council of the City
of Sebastian by resolution adopted at a public hearing.
b. This Agreement shall be renewed automatically for each subsequent fiscal year unless
terminated in writing by the City or terminated in writing by the Tax Collector no later than
sixty (60) days prior to the September 15 standard due date each year for the non -ad
valorem assessment roll.
IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the day and
year first above written.
ATTEST: CITY OF Sebastian
Name: Ed Dodd, Mayor
Title:
Approved as to form and legal sufficiency:
Jennifer Cockcroft, City Attorney
163 of214
ATTEST: INDIAN RIVER COUNTY TAX COLLECTOR
Name: Carole Jean Jordan, Tax Collector
Title:
Approved as to form and legal sufficiency:
ROBERT C. NALL, P.A.
Counsel for Tax Collector
M-
Robert C. Nall, Esq.
164 of 214
3120240003830
RECORDED IN THE PUBLIC RECORDS OF
RYAN L BUTLER, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3674 PG: 2122 Page 1 of 20 1262024 9:38 AM
RESOLUTION NO. R 23-37
A RESOLUTION OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, ELECTING TO
USE THE UNIFORM METHOD OF COLLECTING A
NON -AD VALOREM SPECIAL ASSESSMENT TO BE
LEVIED WITHIN THE INCORPORATED AREA OF
THE CITY OF SEBASTIAN; STATING A NEED FOR
SUCH LEVY; PROVIDING FOR ADMINISTRATIVE
ACTIONS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SCRIVENER'S ERRORS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, City of Sebastian is contemplating the imposition of a special assessment
for the cost of solid waste collection and disposal services pursuant to Florida Statute Section
197.3632 and its municipal powers in order to provide for the health safety and welfare of the
general public; and
WHEREAS, City of Sebastian intends to use the uniform method of collecting non -ad
valorem assessments for the cost of solid waste collection and disposal services to real property
within the incorporated area of the City, as authorized by Florida Statutes Section 197.3632, as
this method will allow such special assessments to be collected annually, commencing for the
Fiscal Year beginning on October 1, 2024 and continuing until discontinued by the City; and
WHEREAS, City of Sebastian duly advertised a public hearing of this Resolution, in a
newspaper of general circulation with Indian River County, Florida, for 4 consecutive weeks
preceding the public hearing; and
WHEREAS, proof of publication of such hearing being is attached hereto as Exhibit A;
and
WHEREAS, a legal description of the boundaries of real property subject to the levy is
attached hereto as Exhibit B; and
WHEREAS, upon adoption of this Resolution, the City Council shall dispatch a copy via
United States mail to the Indian River County Property Appraiser, Indian River County Tax
Collector, and the State of Florida Department of Revenue; and
WHEREAS, upon passage of this Resolution, the City Manager is authorized to take the
necessary administrative measures required to ensure that the solid waste assessments are
properly assessed and collected; and
165 of 214
WHEREAS, adoption of this Resolution, the levy collection and enforcement of costs of
non -ad valorem assessments for the cost of solid waste collection and disposal services to real
property within the incorporated area of the City is determined to be in the public interest and
provides for the general health safety and welfare of the citizens of the City of Sebastian.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS:
SECTION 1. RECITALS. The above Whereas Clauses are true, correct, and are hereby
adopted and incorporated herein as the legislative findings of the City Council of the City of
Sebastian.
SECTION 2. ,-.4 i 6iq r. The City Council does hereby state and express its clear intent to
utilize the uniform method for the levy, collection and enforcement of non -ad valorem
assessments pursuant to Florida Statute 197.3632 for the levy, collection and enforcement of
costs for solid waste collection and disposal services for all real property located within the City
of Sebastian, as described in Exhibit B attached hereto in order to provide for the health, safety
and welfare of the citizens of the City.
SECTION 3. NEED FOR LEVY. The City Council does hereby state and express the
need for levy in order to provide for the collection and enforcement of non -ad valorem
assessments pursuant to Florida Statute 197.3632 collection and enforcement of costs for solid
waste collection and disposal services for all real property located within the City of Sebastian, as
described in Exhibit B attached hereto in order to provide for the health, safety and welfare of the
citizens of the City.
SECTION 4. ADMINISTRATIVE ACTIONS/MEASURES. Upon adoption of this
Resolution, the City Manager shall dispatch a copy via United States mail to the Indian River
County Property Appraiser, Tax Collector and the State of Florida. The City Manager is further
authorized to take any and all other necessary administrative measures required to ensure that the
solid waste assessments are properly assessed and collected.
SECTION 5. CONFLICT. All Resolutions or parts of Resolutions in conflict herewith
are hereby repealed.
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 further
action of City Council by filing a corrected copy of same with the City Clerk.
SECTION 7. EFFECTIVE DATE This Resolution shall take effect upon adoption.
166 of 214
The foregoing Resolution was moved for adoption by Council Member Nunn
Motion was seconded by Council Member Dixon and, upon being put to a vote,
the vote was as follows:
Mayor Ed Dodd
a v e
Vice -Mayor Kelly Dixon
aye
Councilmember Fred Jones
nay
Councilmember Bob McPartlan
nay
Councilmember Christopher Nunn
aye
The Mayor thereupon declared this Resolution duly passed and adopted this 13'h day of
December, 2023.
CITY OF SEBASTIAN, FLORIDA
Ed Dodd, Mayor
ATTEST:
#anette Williams, City Clerk
APPR VED AS TO FORM AND LEGALITY:
J fer Cockcroft, �sq., City Attorney
167 of 214
SEBASTIAN
C[NTFNNIAICILI0RA110N
HI! • 1014
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: February 14, 2024
Agenda Item Title: Approve the purchase of one (1) E48 R2-Series Bobcat Compact Excavator
at the price of $66,962.92 "Piggybacking" off of Sourcewell Contract
#040319-CEC with Clark Equipment Company dba Bobcat Company
Recommendation: Staff is recommending City Council approve the purchase of one (1) E48 R2-
Series Bobcat Compact Excavator at the price of $66,962.92 by a Piggyback
purchase, under the existing Sourcewell Contract #040319-CEC with Clark
Equipment Company dba Bobcat Company and authorize the City Manager
to execute all necessary documents
Background: The Stormwater Division currently utilizes a SW621, E42 Bobcat Excavator
to regrade ditches and for the excavation of swales and driveway replacements. The existing piece of
equipment is in need of repairs totaling $20,955.97. This piece of equipment is currently ten years old with
approximately 3,000 hours and was originally scheduled for replacement in FY2027. By selling the existing
excavator in its current condition and purchasing a replacement for $66,962.92, it will be more cost efficient
to the City than spending this amount on repairs as well.
The City has obtained comparative quotes for both outright purchasing from three vendors as well as a leasing
option from one vendor. The City recommends an outright purchase from Clark Equipment Company dba
Bobcat Company.
Under Florida Statutes and existing City procurement policies, the use of "PIGGYBACKING" contracts
guarantees that the 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,
pricing from other co-operatives and local vendors. At this time, Staff has determined that the recommended
vendor is the most advantageous to meet the needs of the City. Staff is therefore seeking approval for the
purchase and authorization for the City Manager to execute all contract documents or purchase orders
If Agenda Item Reauires Exaenditure of Funds:
Budgeted Amount: N/A
Total Cost: $66,962.92
Funding: Discretionary Sales Tax Fund
Attachments:
1. Bobcat (Clark Equipment Company) Quote
2. Bobcat (Clark Equipment Company) Leasing Quote
3. Kubota Quote — Florida Sheriff's Contract
4. Dobbs Equipment Quote — Florida Sheriff's Contract
5. Repair Quote — Bobcat of the Treasure Coast
6. Sourcewell Contract #040319-CEC Contract Award and Contract Extension
Administrative Services Dep nt eview:
City Attorney Review:
Procurement Division R - w, if applicable:
City Manager Authorization: x/ � j� Date: . /7 ho AV
vL'. V
168 o 214
ATTACHMENT 1
Pg 1 of 2
0K Bobcat
1W
Product Quotation
Quotation Number: AS316428
Quote Sent Date: Jan 29, 2024
Expiration Date: Feb 28, 2024
Your Bobcat Contact
Alyx Schmitz
Phone:
E-mail: alvx^schmitzna.doosan.com
Your Customer Contact
Deliver to Michael Barresi Bill to
CITY OF SEBASTIAN STORM WATER Bobcat of the Treasure Coast, Fort Pierce, CITY OF SEBASTIAN STORM WATER
505 AIRPORT DR W FL 505 AIRPORT DR W
SEBASTIAN, FL, 32958-3908 4405 PROSPERITY DR SEBASTIAN, FL, 32958-3908
FORT PIERCE, , 34981
Item Name Item Number Quantity Price Each Total
E48 112-Series Bobcat Compact Excavator M3417
Standard Equipment:
Auto -Idle
Auto -Shift, 2-Speed Travel
Auxiliary Hydraulics with Selectable Flow
W/ Arm Mounted Flush Face Quick Couplers
Canopy
Includes: Cup Holder, Retractable Seat Belt,
Vinyl Suspension Seat
Roll Over Protective Structure (BOPS) - Meets
Requirements of ISO 12117-2: 2008
Tip Over Protective Structure (TOPS) - Meets
Requirements of ISO 12117: 2000
Falling Object Protective Structure (FOPS) - Meets
Requirements of ISO 10262
Control Console Locks
Control Pattern Selector Valve (ISO/STD)
Display - Deluxe
Cab Deluxe Package M3417-PI I-C12
Included: Cab Deluxe Package:, Enclosed
Cab with Auto HVAC, 3yr Machine IQ
Health and Security Subscription, Keyless
Start, Bobcat 7" Touch Display with Radio
and Bluetooth, Heated High Back Cloth
Suspension Seat, Travel Motion Alarm
Long Arm w/ Heavy Counterweight M3417-R03-0O2
24" Class 4 SD NIX Bucket 7457592
Hydra -Tilt 6728578
48 Month/3000 Hour Full Extended 9986408
Warranty
48,837.60 48,837.60
Dozer Blade with Float
Engine/Hydraulic Monitor with Shutdown
Fingertip Auxiliary Hydraulic Control
Fingertip Boom Swing Control
Horn
Hydraulic Joystick Controls
Keyless Start
Lift Eye
Rubber Tracks
Spark Arrestor
Standard Arm
Turbocharged, Tier 4, Non DPF
Vandalism Protection
Work Lights - LED
X-Change Attachment Mounting System
Telematics - Machine IQ
Warranty: 2 years, or 2000 hours whichever occurs first
8,219.40 8,219.40
1 1,628.20
1,628.20
1 1,662.12
1,662.12
1 2,154.60
2,154.60
1 2,400.00
2,400.00
Total for E48 R2-Series Bobcat Compact Excavator
Quote Total - USD
Dealer P.D.I.
Freight Charges
Destination Charges
Dealer Assembly Charges
64,901.92
64,901.92
250.00
1,625.00
101.00
85.00
169 of 214
ATTACHMENT 1
Pg2of2
Quote Total - USD 66,962.92
*Plus applicable taxes. IF Tax Exempt, please include Tax Exempt Certificate with the order.
*Prices per the Sourcewell Contract # 040319-CEC.
*Sourcewell Member Number (if applicable):
*All orders should include 1) Accounts Payable Contact and email address, 2) W9 with correct legal entity name, and 3) Bill to
Address.
*Orders may be placed with the contract holder or authorized dealer as allowed by the terms and conditions of the contract. *A Copy of
all orders must be provided to Heather.Messmer@Doosan.com.
*Contact Holder Information: Clark Equipment Company dba Bobcat Company, Govt Sales, 250 E Beaton Drive, West Fargo, ND
58078. TID# 38-0425350.
*Payment Terms: Net 60 Days. Credit cards accepted.
*Remittance address: Clark Equipment Company d/b/a Bobcat Company, P. O. Box 74007382, Chicago, IL 60674-7382
*Questions can be submitted via email to randy.fuss@doosan.com or by phone at: 1-800-965-4232
Customer Acceptance:
Quotation Number: AS316428 Purchase Order:
Authorized Signature:
Print:
Date:
Addresses:
Delivery Address:
Billing Address (if different from ship to):
Tax Exempt: Y L / N L
Exempt in the State of:
Tax Exempt ID:
Federal:
State:
Expiration Date:
Sign:
Email:
170 of 214
ATTACHMENT 21
roweri-ease
UPPER PORTION WILL NOT PRINTOUT. PLEASE DO NOT TYPE OUTSIDE MARKED
(BORDERED) CELLS.
Powerleases"
-. Bobcat
PowerQuote For Mini Excavator
Customer
Quote # Annual Hours Date
1250
January 5, 2024
CITY OF SEBASTIAN _
Bobcat Product
Sale Price w/o tax Salesperson
E48
$64,797.32 ANDREW WALLER
Offer
Lease Term / Months
24 36 applicants 48 60
Lease Factor
0.02355 0.01827 0.01607 O.0 1443
Lease Payment Monthly
$1,526.02 $1.184.07 $1,041.50 $934.81
Purchase Option Not To Exceed
55% 50% 45% 42%
Purchase Option Amount
This
$35,523.78 $32,295.16 $29,066.54 $27,129.37
for The
illustration is comparison purpose only actual payrrientsare sobject to ctiatvje
Lease Rates:
Power Lease payments are in arrears and will be due monthly. Payments do not include any applicable taxes.
Power Lease rates and factors are subject to change at any time for any reason. Good for NEW, never before
sold current and odor vear eauiDment models.
Sales Tax / Use Tax:
There is no sales tax due at signing. Use tax billed monthly in addition to lease payment or as required by
applicable tax authority.
Personal Property Tax:
Lessee will be billed annually for P.P.T. or as required by applicable tax authority or jurisdiction.
Credit Guidelines and Insurance:
Evidence of physical damage insurance required prior to funding. Evidence of $1,000,000 in liability coverage
naming Wells Fargo Vendor Financial Services, LLC. ("WFVFS) as additional insured is required prior to
funding.
Attachments:
Maximum of 2 serialized attachments. All hand held tools are excluded from this program. Attachments
requiring specialized residuals include Breakers, Flail Cutters, Forestry Attachments, Planers, Rotary Grinders,
Slump Grinders, and Wheel Saws. Attachments requiring separate residual quotes include Chippers and
Concrete Pumps. Maximum usage depends on annual hours selected. Contact WFVFS for additional details.
Non-standard applications: Dairy (all applications), Recycling (all applications), Refuse (all applications), Forestry (all applications)
have a separate residual matrix.
Excluded Applications: Machines used to manage or handle Infectious, hazardous, or nuclear applications are not eligible for
PowerLease
This calculator is provided as a tool to assist customers of WFVFS. WFVFS does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability of errors
or omissions in this information. No warranty of any kind, implied, expressed or statutory, including. but not limited to, the warranties of non infringement of third party rights, title, merchantability, fitness for a
particular purpose and freedom from computer virus is given in conjunction with the Information and materials.
171 of 214
• %`'� �� � � �,� t � Your Build
I U35-4R1
ATTACHMENT 3
Pg 1 of 3
1D)3 uUM Sunmimgin,/I
a
4
U Series U35-4R 1
EQUIPMENT IN STANDARD MACHINE
FEATURES
Tight Tail Swing
Auto Idler
Rubber Track Model
ROPS/OPG (Top Guard, Level 1) 4-Post
Canopy
Suspension Seat
Kubota 3 Hydraulic Pump Design
1 Gear, 2 Variable Displacement Pumps
All Controls Hydraulic Pilot Controls
Accumulator
Two Operating Pattern Selection System
Digital Control Panel
Attachment Flow Presets. Service Alerts
Standard Front Dozer Blade with Float
360 Degree Full Rotation
71 Degree Left, 45 Degree Right Boom Swing
15.8 gpm Adjustable Auxiliary Hydraulics Pori
Auxiliary Hydraulics Diverter Valve
Thumb Bracket & Relief Valves
Five Second Quick Preheat System
Key Switch Stop System
Half Pilch Rubber Tracks
Self Bleed Fuel System
Auto-Downshift Two Speed Travel System
Swivel Negative Brake
Travel Negative Brake
Third Line
DIMENSIONS AND OPERATING WEIGHT
U35-41711 Rubber Tracks,
4-Post ROPS/OPG (Top Guard, Level 1)
Canopy,
Dozer Blade
Overall Length 15' 7"
Overall Width 5' 7 "
Overall Height 8' 1.2"
Operating Weight 6129 lbs.'
Ground Clearance 11.34"
Includes operator's weight, 175 lbs.
ENGINE
D1703-M Kubota E-TVCS Tier 4 Diesel Engine
3 Cylinder, 4 Cycle
23.9 Net HP ro, 2200 rpm
OPERATIONAL DIMENSIONS
Max Digging Depth 9' 8.9"
Max Digging Radius @ Ground Level 16' 11.3"
Max Vertical Digging Depth 6' 7.3"
Max Dumping Height 11' 0.7"
DOZER BLADE DIMENSIONS
Width 67"
Height 13.5"
Lift Above Ground 14.65"
Drop Below Ground 14.53"
PERFORMANCE
Digging Force (E, Bucket (1<7875) 7924 lbs.
Digging Force @ Dipper Arm 4451 lbs.
Travel Speed (Low') 1.9 mph
Travel Speed (High) 2.9 mph
Climbing Ability 58% / 30'
Lift Capacity 3.230 lbs.
Over Front
Blade Grounded
2.0 Ft. Load Point Height
8.0 Ft. Load Radius
WAI C. VOl O/LVL.
MORE INFC
WEB QUOTI
Estimated Net Price
172 of 214
STANDARD EQUIPMENT INCLUDED
U35-4R1 U35-4R1 - EXCAVATOR VWRUBBER TRACKS & HOPS
ATTACHMENT 3
Pg2of3
Base o e rce $51,621
1
PRICING SUMMARY
Base Model
$51,621
Kubota Add-Ons
� $0
Land Pride Add-Ons
— $U
Tax
See Dealer for Pricing
Freight
See Dealer for Pricing
KTAC PDI
See Dealer for Pricing
Labor
See Dealer for Pricing
Assembly
See Dealer for Pricing
Total MSRP
$51,62-1
Estimated Net Price $519621
This List Price conUgura;ion Program Is for informational purposes only. Price on this sales quote is an estimate and is subject to being increased.
Payment assumes the MSRP of your selected equipment and accessories. the lenoth of term you have selected and any applicable special A.P.R.
program. Not Included: 'Taxes, shipping; handling, surcharges. assembly charges, deslination, freight and'or delivery charges.
U 3S_yQf4
TOTAL $69,138
See options chosen on
following page - brings quote in
line with other comparative
quotes
173 of 214
FLORIDA COAST EQUIPMENT, LLC
FSA23-EQU21.0, Item H114 Kubota U35-4R1
Zones: North, Central,
South
Price added/subtracted
Model
Description
from base model
K008-5
10.3 hp, Foldable ROPS, no bucket
($15,963)
U10-5
10.3 hp, Foldable BOPS, no bucket
($14.125)
U17VR1
16.1 hp, ROPS, Zero Tail Swing, no bucket
(510,245)
KX018-4111
16.1 hp, ROPS, no bucket
(58.126)
U27-4R1
20.8 hp, ROPS, Min Tail Swing, no bucket
(53.489)
KX71-3S4R1
24.4 hp, ROPS, no bucket
(j720)
KX030-4111
24.7 hp, ROPS, no bucket
(S1931
KX033-4131
24.8 hp, ROPS, no bucket
S4,432
KX033-4111A
24.8 hp, ROPS, Angle Dozer Blade, no bucket
S6,955
KX033-4113
24.8 hp A/C Cab, no bucket
$10,037
KX033-4133A
24.8 hp, A/C Cab, Angle Dozer Blade, no bucket
S12,553
, 1. , .. ,,
I . . - , - -,. - . ... I I rat
I - *10�
U35-
24.8 hp A/C (ah_Tic t Tail twin r+ L
$10,321
U35-4113A
24.8 hp, A/C Cab, Tight Tail Swing, Angle Dozer Blade, no bucket
512,888
Options for Base Model (ask about options not listed)
K7870A
Buckit Quick Cou
�1
K7872A
12" QA Buc cet
$1,386
K7873A
16" QA Bucket
$1,453
K7874A
18" QA Bucket
74" QA Bud t
$1,561
K787 A
K791M
ulic Thum it framing Q ii k Ww rl
WILL
K9784
Travel Alarm Kit
$581
.P
ATTACHMENT 4
JOHN DEERE
-le
E Q U I P M E N T
Florida Sheriffs Association, Bid FSA23-EQU21.0 Equipment
Specification #111 - Hydraulic Mini Excavator - 7,105 LB Operating Weigth
John Deere Model 35P, Mini Excavator - Stated Options
Discount off MSRP List Price for Non -Specified Options = 20%
Spec # Option Code
Ill JD 17P
111 1D 26P
111 JD 30P
111 JD 50P
111 JD 60P
111 0402
111 0406
111 AT451135
111 0403
111 BYT11548
111 BYT11748
111 9555
111 PTA-050
111 PTA-070
111 03V1T/9801/9001
111 03N1T/9801/9001
Description
Credit to downgrade to John Deere model 17P mini excavtor
Credit to downgrade to John Deere model 26P mini excavtor
Credit to downgrade to John Deere model 30P mini excavtor
Upgrade to John Deere model 50P mini excavator
Upgrade to John Deere model 60P mini excavator
Ad- 30p
Add enclosed cab with heat and A/C for JD 60P
Add front window metal screen
Add 5' 7" long arm and counterweight to JD 35G-50G
Add hydraulic thumb to JD 35P, installed
Add hydraulic thumb to JD 50P, installed
Add angle blade for 35P
Add power tilt coupler for 35P
Add power tilt coupler for 5OP-60P
Add Pro PA158, auger drive for 17P-26P
Add Pro PA3013, auger drive for 35P
TOTAL = $74,950 (BASE PRICE FOR 50P)
John Deere 50P is the comparable model to
the Bobcat E48
Base Bid
$54,350
Sale Price
-$19,450
-$11, 700
$3,975
$20,600
$35,450
$3,583
$5,263
$1,292
$1,295
$2,795
$2,864
$2,681
$8,097
$9,225
$3,272
$3,890
175 of 214
*, Bobcat of the Treasure Coast
rTACHMENT 5
1 of 6
Ship To: CITY OF SEBASTIAN
1225 MAIN ST
SEBASTIAN FL 32958
Invoice To: CITY OF SEBASTIAN
1225 MAIN ST
SEBASTIAN FL 32958
Smith Bros Contracting Equipment, Inc.
4405 Prosperity Drive • Fort Pierce, FL 34981
°1 Phone: 772-460-9998 a Fax: 772-248-0742
www.sbequipment.com
Branch
—03 - TREASU1E COAST_
Date Tlme Page
12/15/2023 11L24:07 (0) 1
Account No. Phone No. Quote Neo1
SEBAS007 1001074
Ship Via Purchase Order
85-8012*140157C2 771448
Salesperson
JLW
rSTIMATE EXPIRY DATE: 02/13/2024
SERVICE ESTIMATE
********* Segment 01 *********
Stock #: C013579 EXCAVATOR MS #: B2VW11552
Make: BC Model: ALL
IS to have Lhe following work done by 12/15/2023 (EStimaLed)
DIAGNOSE AND ESTIMATE REPAIRS
ADDITIONAL DESCRIPTION:
HRS
1. DIAGNOSE AND ESTIMATE REPAIRS (DIAG) 1.00
CUSTOMER STATES...
(01) DIAGNOSE AND ESTIMATE REPAIRS
(02) BOBCHECK MULTIPOINT INSPECTION
(03)
(04)
BOBCHECK INSPECTION: RECOMMENDS THE FOLLOWING REPAIRS
(05) ROLL BACK CAB -CLEAN BELLY & ENGINE COMPARTMENT
(06)
(07) QUALITY AUDIT AND TESTING
Quantity xl
1.00
Par C -
Descri lion
P - -
-
QLY
Price
Amount.
___t
6692961
RING, SLE
1
3161.13
3161.13
7171260
PIN, PARALLEL
2
3.24
6.48
7167108
COVER, MOTOR
1
27.58
27.58
7CM1290
SCREW
24
4.20
100.80
18EM1224
WASIIER
24
3.11
74.64
7025615
MOTOR, SL
1
6972.84
6972.84
SUBLET
SUBLET
1
2400.00
2400.00
Customer signature indicates agreement to terms and conditions on front and reverse side of this contract.
Ouofn s va�d la 3: days Lk -a e, is nor requ ren to honor Piro•% n quote including mmta<es n prz rig, credit cxo onor :o dispatch A ;-hair meumim charge for tread 5en.ce aria fees vnll app y plus parts
incomplete quotes. price changes from vendors. sup" problems changes in hegtht costs or other bled STORAGE: Customer equ,pmenl left over 10 days is subject to $101 day Storage roe Equipment
cecunts: noes Estmales and the final charge may change dependng on aaartional dtagnosrs and roll not to be released until outstanding storage fees and repair charges are pea
repair needs If customer elects to approve a less-e■pensrve repair option instead of a recommended
overall system repair or replacement, the custonatr does NOT rocelve a workmanship guarantee F7 " Dived By:
against ado
llronal failure Payment to full is due upon completion Larger jobs require a deposit
Equipment Is stored a: customer risk ano covered by customer •nsurance Inc deafershp a not liable Signature
for consequential or incidental damages IN SHOP: fill mum t hour Labor/Dagnoi applied to ALL
repa•rs Shop and miscellaneous fees apply ROAD SERVICE Service taus are guaranteed by pointed Name
176 of 214
*, Bobcat of the Treasure Coast
rTACHMENT 5
2of6
Ship To: CITY OF SEBASTIAN
1225 MAIN ST
SEBASTIAN FL 32958
Invoice To: CITY OF SEBASTIAN
1225 MAIN ST
SEBASTIAN FL 32958
Smith Bros Contracting Equipment, Inc.
4405 Prosperity Drive a Fort Pierce, FL 34981
Phone:772-460-9998 9 Fax:772-248-0742
www.sbequipment.com
Branch
— 03_ - TREAMLIE COAT
Date Time JP -age
12/15/2023 11:24:07 (0) 2—
Account No. Phone No. Quote Neo1
SEBAS007 1 001074
Ship Via Purchase Order
85-8012'140157C2 771448
1 Salesperson
rSTIMATE EXPIRY DATR? t)2/13/2024
SERVICE ESTIMATE
Parts: 10343.47
Labor: 225.00
Sublet: 2400.00
AuLhorization: ____ Subtotal: 12968.47
********* Segment. 02 *********
STRUCTURAL -BOOM -REPLACE
COMPLAINT:
REMOVE AND REINSTALL TO PERFORM REPAIRS TO THE SWIVEL.
ADDITIONAL DESCRIPTION:
IIR S
1. STRUCTURAL -BOOM -REPLACE (D008000000AA)
QuantiLy
AuLhorizaLion:
********* Segment 03 *********
Side Cover
COMPLAINT:
COVER WAS MISSING AT DROP OFF.
Authorization:
********* Segment. 04 *********
4.50
X1
4.50
Labor: 675.00
SubLoLal: 675.00
Labor: '15.00
Subtotal: '15.00
STRUCTURAL-FRAME-COUNTERWEIGIIT-REPLACE
COMPLAINT;
Customer signature indicates agreement to terms and conditions on front and reverse side of this contract.
Qiote s vaid for 39 days Dca'er is nor rcgirued to honor errors in quote Including mistakes in prong, credit taro !n dispatch A 2•hour mnimum charge for Road Service and fees ail apply _plus parts
incomplete quotes, price changes from vendors. supply problems changes in height costs or other billed STORAGE Customer equipment let*,over to days is subject to SIC ! day Storage Fee Equipment
circumstances Estmates and the final charge may change dependng on additional diagnosis ono vnl not io be to rased until outstanding storage lees and repair charges are paid
repair needs It customer elects to approve a leswiPensive repair option instead of a recommended
overall system repair or repucenent, the customer does NOT receive a workmanship guarantee Received By:
against additional failure Payment in full is due upon completion Larger jobs require a de r
Equipment is stored at customer risk and coved by customer insurance The dealersh:p .s not hable. Signature
for consequential or incidental damages IN SHOP: Knmum t hour LaborfDagnostic applied to ALL
repa•rs Shop and mis; ellaneous fees apply ROAD SERVICE Service calm are guaraiteed by printed Name
177 of 214
*", Bobcat of the Treasure Coast
rPgATACHMENT 53of6
Ship To: CITY OF SEBASTIAN
1225 MAIN ST
SEBASTIAN FL 32958
Smith Bros Contracting Equipment, Inc.
4405 Prosperity Drive a Fart Pierce, FL 34981
ul Phone: 772-460-9998 • Fax: 772-248-0742
www.sbequipment.com
Branch
Date Time Page
12/15/2021 11124:07 (0) 3
Account No. Phone No Quote Neo1
SEBAS007 1001074
Ship Via Purchase Order
Invoice To: CITY OF SEBASTIAN
1225 MAIN ST
SEBASTIAN FL 32958 85-8012740157C2 771448
Salesperson
JLW
ESTIMATE EXPIRY DATE: 02/13/2024
SERVICE ESTIMATE
REMOVAL AND REINSTALL TO PERFORM THE SWIVEL REPAIRS.
ADDITIONAL DESCRIPTI_O_N_:
I1RS
1. STRUCTURAL-FRAME-COUNTERWEIGIiT-REPLACE 0.75
(D031467000AA)
Quantity xl
0.75
Labor: 112.50
Authorization: Subtotal: 112.50
********* Segment. 05 *********
HYDRAULIC -MOTOR -TRAVEL -REPAIR
COMPLAINT•
REMOVAL AND REINSTALLATION TO PERFORM SWIVEL REPAIRS.
ADDITIONAL DESCRIPTION:
HRS
1. HYDRAULIC -MOTOR -TRAVEL -REPAIR (A0453030000B) 2.25
Quantity xl
2.25
Labor: 337.50
AuLhorization: SubtoLal: 337.50
********* Segment 06 **---
MAIN CONTROL VALVE HOSE.
COMPLAINT
REMOVAL AND REINSTALLATION TO PERFORM SWIVEL REPAIRS.
Customer signature indicates agreement to terms and conditions on front and reverse side of this contract.
aJOr s vald for 35 days Dees- is not requrea to honor erro•s �n quote mdudrrg rrsta�cs prcng. credit ca'c .nrio, :o dispatch A .hour mmm,n, charge to, Road 5er. cc a^a fees .MII app.y plus parts
incomplete quotes. price changes from vendors. suppy problems changes in freight toss or other baled STORAGECustomer equ,pmanl leh ove• 10 days is suofect. to $10 r day Storage Fee Equipment
cimurnistances Estmales and the final charge may change depending on sodrtron ll diagnosis and vnl not to be rewased until outstanding storage lees and repair charges are pod
repair needs If customer elects to approve a less -expensive repay option instead of a recommended
overall system repair or replacement, the customer does NUT receive a vvakrtonshrp guarantee Received By:
against additional failure Payment t, fun is due upon corpletion Larger jobs require a deposit
Equipment is stored at a+stomr nsk and covered by customer insurance The deakrsh,p �s not liable Signature
for consequential or incidental damages IN SHOP: W.—mum t houi LabotrDtagnosic applied to ALL
reparn Shop and rrvscelfaneous lees aopfy ROAD SERVICE Serve taus are guaranteed W Pnrrted Name
178 of 214
•` Bobcat of the Treasure Coast
rTACHMENT 5
4of6
Ship To: CITY OF SEBASTIAN
1225 MAIN ST
SEBASTIAN FL 32958
Invoice To: CITY OF SEBASTIAN
1225 MAIN ST
SEBASTIAN FL 32958
ADDITIONAL DESCRIPTION:
1. MAIN CONTROL VALVE HOSE.
Quantity
Authorization:
Smith Bros Contracting Equipment, Inc.
4405 Prosperity Drive * Fort Pierce, FL 34981
°1 Phone: 772-460-9998 * Fax: 772-248-0742
www.sbequipment.com
Branch
03_TREBSU zE COAST A_
Date Time Page
12/15/2023 11_24!07 (0) 4
Account No. Phone No Quote Ncol
SEBAS007 001074
Ship Via Purchase Order
85-8012740157C2 771448
1 Salesperson
ESTIMATE EXPIRY DATE: 02/13/2024
SERVICE ESTIMATE
(CONTROL VAUL)
********* Segment 07 *********
ENGINE -FUEL -FUEL TANK -REPLACE
ADDITIONAL DE_SCRIP_TION:
REMOVAL AND REINSTALLATION TO PERFORM SWIVEL REPAIRS.
AULhorizaLion:
********* SegmenL 08 *********
ENGINE -ENGINE -REPLACE
COMPLAINT•
REMOVAL AND REINSTALLATION FOR SWIVEL REPAIRS.
ADDITIONAL DESCRIPTION:
HRS
1. ENGINE -ENGINE -REPLACE (F029000000AA)
QuanLity
22.50
xl
22.50
Labor: 562.50
Subtotal: 562.50
Labor: 450.00
SubLotal: 450.00
Customer signature indicates agreement to terms and conditions on front and reverse side of this contract
Ouor is vatd lot 30 days Dealer is not requ,roa to honor enos in quote inducing mistakes in prong,
credit ca•d prro• to dispatch A Z-hour mmmum charge for Road Service and tees hdi apply plus parts
incomplete quotes, price changes from vendors, supply problems changes in height costs or other
billed STORAGE: Customer equipment left over 10 days is subject to S10I day Storage Fee Equipment
circumstances Estimates and the final charge may change depending on adanional diagnosis and
veil not to be released until outstanding storage lees and repair charges are pan
repair needs if customer erects to approve a bss-erponswo repay option instead of a recommended
overall system repair or replacement, the customer does 1:07 receive a workmanship guarantee
Received By:
against addtonai failure Payment in furl is due upon completion Larger jobs require a deposit
ip Equment is stored at customer risk and covered by custoriler insurance The dealership 4 not liable
Signature
for consequential or incidental damages IN SHOP: fkrm,rn 1 hour Labod0a, gnostic applied to ALL
repairs Shop and miscellaneous tees apply ROAD SERVICE Service taus are guaranteed by
Plrnied Name
179 of214
*, Bobcat of the Treasure Coast
rTACHMENT 5
5 of 6
Ship To: CITY OF SEBASTIAN
1225 MAIN ST
SEBASTIAN FL 32958
Smith Bros Contracting Equipment, Inc.
`\ 4405 Prosperity Drive a Fort Pierce, FL 34981
Phone: 772-460-9998 * Fax: 772-248-0742
www.sbequipment.com
Branch
_mil - TREASU;E COAST__ _
Date Time Page
12/15/2023 11!24:07 (0) 5
Account No. Phone No. Quote Nfol
SEBAS007 001074
Ship Via Purchase Order
Invoice To: CITY OF SEBASTIAN
1225 MAIN ST
SEBASTIAN FL 32958 85-8012740157C2 771448
Salesperson
JLW
ESTIMATE EXPIRY DATE: 02/13/2D24
SERVICE ESTIMATE
Labor: 3375.00
Authorization: SubLoLal: 3375.00
********* Segment 09 *********
HYDRAULIC -MOTOR -SWING -REPLACE
COMPL_AI NT -
REMOVAL AND REINSTALLATION OFTHE SWING MOTOR TO PERFORM THE
SWIVEL REPAIRS.
ADDITIONAL DESCRIPTION:
-- ---- -- - ------
IiRS
1. HYDRAULIC -MOTOR -SWING -REPLACE (A0452810000A) 4.50
QuantiLy xl
4.50
Labor: 675.00
Authorization: Subtotal: 675.00
********* Segment 10 *********
drive carrier
COMPLAINT•
REMOVAL AND REINSTALLATION OF THE DRIVE CARRIER FOR THE
SWIVEL REPAIRS.
Labor: 225.00
Authorization: Subtotal: 225.00
********* Segment 11 *********
sLructure R&R
COMPLAINT:
Customer signature indicates agreement to terms and conditions on front and reverse side of this contract.
Ouor a vaid for 30 days Denier is not required to honor errors in quote inducting mistakes in pre:ng. credit rare prior to dispatch A 2-hour mmmum charge tot Road Service and tees wit apply plus parts
mcomplele quotes. price charges from vendors, supply problems changes in height costs or other wiled STORAGE: Customer equipment left over 10 days is subject to $101 day Sto•age ree Equipment
circumstances Estm ates and the final charge may change depending on adomonal diagnosis and vwI not to be released until outstanding storage lees and repair charges are paid
repair needs If customer elects to approve a less -expensive reps r option insteatl of a recommended
overall system repair oc lep'acement the c.,stonw, does NOT receive a workmanship guaranteo Received By:
against adtlrttoral facture Payment in tug IS Clue upon completbn Larger pbs require a deposit
Equipment is stored at customer risk and covered by customer insurance The dealership is not to Signature
for consequential or incidental damages IN SHOP: M.n mum 7 hour Labo laagnostic applied to ALL
repa•rs Shop and rrsxellaneous lees apply ROAD SERVICE Service calls are guars^teed W Pi tilted Name
180 of 214
*, Bobcat of the Treasure Coast
rPgATTACHMENT 5
6of6
Ship To: CITY OF SEBASTIAN
1225 MAIN ST
SEBASTIAN FL 32958
Invoice To: CITY OF SEBASTIAN
1225 MAIN ST
SEBASTIAN FL 32958
Smith Bros Contracting Equipment, Inc.
4405 Prosperity Drive a Fort Pierce, FL 34981
Phone:772-460-9998 • Fax:772-248-0742
www.stlecluipment.com
Branch
03 - _TBEB,%LC F MAST
Date Time Page
12/15/2023 11:24:07 (0) 6
Account No. Phone No Quote Nib 1
SEBAS007 001074
Ship Via Purchase Order
85-8012740157C2 771448
Salesperson
JLW
ESTIMATE EXPIRY DATE: 02/13/2024
SERVICE ESTIMATE
REMOVAL AND REINSTALLATION OF COMPONENTS THAT DO NOT CARRY
JOB LABOR CODES IN ORDER TO REPAIR THE SWIVEL.
Authorization:
********* Segment. 12 *********
engine service
COMPLAINT:
AS RELATED TO SEGMENT 7, THIS IS A SERVICE KIT NEEDED
BECAUSE THE FLUIDS MUST BE REMOVED TO REMOVE THE ENGINE.
Authorization:
+++++++++ Segment. 13 +++++++++
QA
COMPLAINT:
POST REPAIR TEST OF CUSTOMER PRIMARY COMPLAINT AND TO MAKE
SURE ALL COMPONENTS ARE FUNTIONING AS INTENDED.
Authorization:
Labor: 750.00
Subtotal: 750.00
Labor: 300.00
Subtotal: 300.00
Labor: 450.00
Subtotal: 450.00
Parts:
10343.47
Labor:
8212.50
Sublet:
2400.00
TOTAL:
20955.97
Customer signature indicates agreement to terms and conditions on front and reverse side of this contract
Ouoto is valid for 30 days Dealer a not requnoo to honor errors in quote includmng mista«es in pricing, credit cant prior to dispatch A -hour mnnmum charge for Road Service and fees wAl appry plus parts
incomplete quotes, price changes from vendors, supply problems changes in freight costs or other Well STORAGE: Customer equipment " over 10 (lays is sublecl to $101 day Storage Fee Equipment
circumstances Estmates and the final charge may change dependrg on additional diagnosis and voll not to be released until outstanding storage fees and repair charges are pad
repa+r needs It customer a cts to approve a lesbe■pensive repair option Instead of a recdmmended
overall system repair or replacement. the custondt does NOT receive a workmanship guarantee Received By:
against addw draIs failure Payment to full due upon completion Larger jobs requ-e a deposit
p Equmenl Is stored at customer nsk and covered by customer insurance ine dealership s not liable, Signature
to consequential or incidental damages IN SHOP: M:n mum 1 Itow Laborfdagnostic applied to ALL
reW-is Shop and mnecellaneous lees apply ROAD SERVICE Service calls are guaranteed try printed Flame
181 of 214
DocuSign Envelope ID FI18EI8F3 F767-41AA-AF63.6D8CAA105036
11,0101 101 L
CONTRACT ACCEPTANCE AND AWARD "'Pt01'4Ao
G
ATTACHMENT 6
Pg 1 of 2 Soya( cewell
(Top portion of this form will De completed by Sourcewell if the vendor is awarded a contract. The vendor should
complete the vendor authorized signatures as parr of the RFP response.)
Sourcewell Contract H: 040319-CEC
Proposer's full legal name: Clark Equipment Company dba Bobcat Company
Based on Sourcewell's evaluation of your proposal, you have been awarded a contract. As an awarded vendor, you
agree to provide the products and services contained in your proposal and to meet all the terms and conditions set
forth In this Rll in any amendments to this REP, and In any exceptions that are accepted by Sourcewell.
The effective dote of the Cortracl will be May 31, 2019 and will expire on May 31. 2023 (no later than the later of four
years from the expiration date of the currently awarded contract or four years from the dote that the Sourcewell Chief
Procurement Officer awards the Contract). This Contract may be extended for a fifth year at Sourcewell's discretion.
Sourcewell Authorized Signatures:
DocuStant-d uy C3(,I�,N1U S(r
� m4,) ---
COF02AIIM0045U
SOURCEWFII DIRECIOROFOPERATiCKSAND
''Rb �-.1j�,jW6V-,/CPOSIGNAIURE
Cl•�a0` lo- -
,
SOURCEWEII EXECUTIVE DIRECTOR/CEO SIGNATURE
Awarded on May 28, 2019
Vendor Authorized Signatures:
Jeremy Schwartz
(NAME PRINTED OR TYPED)
Chad Coauelte
(NAME PRINTED OR TYPED)
Sourcewell Contract H 040319 CEC
the Vendor hereby accepts this Controci award including all accepted exceptions and amendments.
Vendor Name( (,.,�T 3�` ....�, �...� ��. �&. IX7 C.ra+c�.�
Aut rize4SInto 's Title ,xs J. 7� v. a.A: AL i >►i < «.. � FtI NDOR AtI) SIGNATURE (NAME INIED OR TYPED)
Executed on MA i 201� Sourcewell Contract H 040319-CEC
182 of 214
DocuSign Envelope ID: 63D422B4-7D1D-413A-BED6-206658A85A66
ATTACHMENT 6
Pg2of2
Sourcewell PA'
CONTRACT EXTENSION
Contract Number: #040319-CEC
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Clark
Equipment Company dba Bobcat Company and Doosan Infracore Construction Equipment, 250
E. Beaton Dr., West Fargo, ND 58078 have entered into Contract #040319-CEC for the
procurement of Medium Duty and Compact Construction Equipment with Related
Attachments, Accessories and Supplies. The Contract has an expiration date of May 31, 2023,
but the parties may extend the Contract by mutual consent.
Sourcewell and Vendor acknowledge that extending the Contract benefits the Vendor,
Sourcewell and Sourcewell's Members. Vendor and Sourcewell agree to extend the Contract
listed above for an additional period, with a new Contract expiration date of May 31, 2024. All
other terms and conditions of the Contract remain in full force and effect.
Sourcewell Clark Equipment Company dba Bobcat
Company and Doosan Infracore Construction
Equipment
DocuSlpned by.
By cOF02A13700e480
Jeremy Schwartz
Title: Chief Procurement Officer
Date: 1/6/2023 1 3:31 PM CST
Rev. 7/2022
�/�Docuftmd by:
�j�AVI.(flL,�l �. Fms
By OF5561039AC454
Randy Fuss
Title: Director, Government Accounts
Date:
1/23/2023 1 6:29 AM PST
183 of 214
FormC �......,,
EXCEPTIONS TO PROPOSAL, TERMS, CONDITIONS, r
AND SOLUTIONS REQUEST s«rceweu`,
Company Name: Clark Equipment Company dba Bobcat Company
Any exceptions to the terms, conditions, specifications, or proposal forms contained in this RFP must be noted in writing
and included with the Proposer's response. The Proposer acknowledges that the exceptions listed may or may not be
accepted by Sourcewell or included in the final contract. Sourcewell will make reasonable efforts to accommodate the
listed exceptions and may clarify the exceptions in the appropriate section below.
Term. Condition, or Sourcewell
Section/page Specification Exception ACCEPTS
- d_� - —
- .
Proposer's Signature: _ - — — —, -- Date:
i
Sourcewell's clarification on exceptions listed above:
G
184 of 214
Contract Award
RFP #040319
t
FORM D sancewelt
Formal Offerine of Pronosal
(To be completed only by the Proposer)
MEDIUM DUTY AND COMPACT CONSTRUCTION EQUIPMENT WITH RELATED AT -I ACHMENTS,
ACCESSORIES, AND SUPPLIES
In compliance with the Request for Proposal (RFP) for MEDIUM DUTY AND COMPACT CONSTRUCTION
EQUIPMENT WITH RELATED ATTACHMENTS, ACCESSORIES. AND SUPPLIES, the undersigned warrants that
the Proposer has examined this RFP and, being familiar with all of the instructions, terms and conditions, general and
technical specifications, sales and service expectations, and any special terms, agrees to furnish the defined products and
related services in full compliance with all terms and conditions of this RFP, any applicable amendments of this RFP, and
all Proposer's response documentation. The Proposer further understands that it accepts the full responsibility as the sole
source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used
to fulfill this proposal.
Company Name: Clark I'Midnn►ent Cmuim► N dba Bobcat Con►f►a►►v Date: 03-29-2019
Company Address: 250 Fast Beaton Dr.
City: West Fareo
CAGE Code/DUNS: 1OK63 / 152762931
Contact Person: Randv L. Fuss
Authorized Signature:/L �1_
State: \ U lip: 58078
I itic: Director. Government Accounts
Randv L. Fuss
(Name printed or typed)
185 of 214
DocuSign Envelope ID F118B8F3 F767-41AA•AF63.6D8CAA105036
FORM E
CONTRACT ACCEPTANCE AND AWARD
`<a
Sou(cewell ql
(Top portion of this form will be completed by Sourcewell if the vendor is awarded a contract. The vendor should
complete the vendor authorized signatures as port of the RFP response.)
Sourcewell Contract N: 040319-CEC
Proposer's full legal name: Clark Equipment Company dba Bobcat Company
Based on Sourcewell's evaluation of your proposal. you have been awarded a contract. As an awarded vendor, you
agree to provide the products and services contained in your proposal and to meet all the terms and conditions set
forth In this RFP, in any amendments to this RFP, and In any exceptions that are accepted by Sourcewell.
The effective date of the Contract will be May 31. 2019 and will expire on May 31, 2023 (no later than the later of four
years from the expiration ante of the currently awarded contract or four years from the date that the Sourcewell Chief
Procurement Officer awards the Contract). This Contract may be extended for a fifth year at Sourcewell's discretion.
Sourcewell Authorized Signatures:
nocu5ioned by
►�I Sfl PLA,,
----coFn2Ar�D06U1j
SOURCIWHI DIRECIOROFOPERAIIONSAND
CPP6j(QjVOW�tI/CPO SIGNATURE am. --
cr�oora��ww
SOURCEWEI t EXECUTIVE DIRECTOR/CFO SIGNATURE
Awarded on May 28, 20i 9
Vendor Authorized Signatures:
Jeremy Schwariz
(NAME PRINrf D OR IYPED)
Chad Coauelie
(NAME PRINTED OR TYPED)
Sourcewell Contract N 040319-CEC
The Vendor nereby accepts this Contract award. including all accepted exceptions and amendments.
Vendor Nome/ p r y
IF
Aut 6rlz b S( n to 's Title
I NDOR AT11It 1 D SIGNATURE (N=INTFD OR TYPED)
Executed on 20Sourcewell Contract H 040319-CEC
186 of 214
Form F
PROPOSER ASSURANCE OF COMPLIANCE
Proposal Affidavit Signature Page
PROPOSER'S AFFIDAVIT
Sourcewell P.
The undersigned, authorized representative of the entity submitting the foregoing proposal (the "Proposer"), swears that
the following statements are true to the best of his or her knowledge.
The Proposer is submitting its proposal under its true and correct name, the Proposer has been properly originated
and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before
delivering any products and related services, all applicable licenses necessary for such delivery to Sourcewell
members agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally bind
the Proposer to the terms in this Contract.
2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement
or arrangement with any other vendor or supplier, any official or employee of Sourcewell, or any person, firm, or
corporation under contract with Sourcewell, in an effort to influence the pricing, terms, or conditions relating to
this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP.
3. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications
request, and other documents in this solicitation and affirms that any and all exceptions have been noted in
writing and have been included with the Proposer's RFP response.
4. The Proposer will, if awarded a Contract, provide to Sourcewell Members the /products and services in
accordance with the terms, conditions, and scope of this RFP, with the Proposer -offered specifications, and with
the other documents in this solicitation.
5. The Proposer agrees to deliver products and services through valid contracts, purchase orders, or means that are
acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -
quality products and related services to Sourcewell Members under an awarded Contract.
6. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and
orders.
7. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or
"nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statute § 13.591, Subd. 4, all
proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point,
proposals generally become public data. Minnesota Statute § 13.37 permits only certain narrowly defined data to
be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act.
8. The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic,
and it agrees to defend and indemnify Sourcewell for reasonable measures that Sourcewell takes to
uphold such a data designation.
IThe rest of this page has been left intentionally blank. Signature page belowl
187 of 214
By signing below, Proposer is acknowledging that he or she has read, understands, and agrees to comply with the terms
and conditions specified above.
Company Name: Clark Eouinment Comnann dha Bobcat CoinimnN,
Address: 250 East Beaton Dr.
City/State/Zip: West Faruo, NI). 58078
Telephone Number: 701-241-8746
["-
.-mail Address; :'d:�N-.fM d .com
Authorized Signaure:
Authorized Name (printed): Randv L. Fuss
Title: Director, Government Accounts
Date: ? - Z S - Z o/ 5
Notarized
Subscribed and sworn to before me this
Notary Public in and for the County of -
My colt
Signatui
day of
GAN GIEFER
Slate of North Dakota
Nolary Public
My Commission Expires May 8.2023
.20 t i — -
State of N
188 of214
Form P
PROPOSER QUESTIONNAIRE
Payment Terms, Warranty, Products and Services, Pricing and Delivery, and Industry-Specifc Questions
Proposer Name: Clark Enuinment Comnanv dba Bobcat Comnanv
Questionnaire completed by: Randv L. Fuss Director, Government Accounts
Pavment Terms and Financine Options
1) What are your payment terms (e.g., net 10, net 30)?
■ Bobcat Comnanv
Terms: Net 30
2) Do you provide leasing or financing options, especially those options that schools and governmental entities
may need to use in order to make certain acquisitions?
■ Bobcat Comnanv
We provide competitive leasing, tax free municipal leasing and other financing options for various terms,
which are available through the authorized dealer locations and other third party Financing organizations
such as; Wells Fargo, PNC, and National Cooperative Leasing.
3) Briefly describe your proposed order process. Please include enough detail to support your ability to report
quarterly sales to Sourcewell. For example, indicate whether your dealer network is included in your response
and whether each dealer (or some other entity) will process the Sourcewell Members' purchase orders.
Bobcat Company
- Quote preparation will be completed by the Government Accounts Department or Bobcat Dealer Sales
Representative
- Quote presented will include ordering instructions to submit to the Government Accounts Department
or respective Bobcat Dealer
- All orders will be sent to and handled/processed throueh the corporate Bobcat Government Accounts
Department to validate pricine. order control and visibility with the factories. and Proper recording
for audit purposes and sales report accountability.
- Order is entered into the ERP System
- Dealer is notified of order and any special requirements and install instrucitons
- Machine is built, inspected and shipped from the Bobcat Factory to the resepective delivering Bobcat
Dealer
- Bobcat Dealer will complete the pre -delivery inspection, install ordered parts/accessories and
attachments and complete final delivery to government customer and complete initial
operator/safety/maintenance training.
- Bobcat Dealer will submit a signed delivery report notifying Bobcat Company of delivery and
acceptance.
- Bobcat Company or Bobcat Dealer invoices customer
4) Do you accept the P-card procurement and payment process? If so, is there any additional cost to Sourcewell
Members for using this process?
189 of 214
Bobcat Co►npant,
Yes, Bobcat Company will accept government purchase cards to satisfy payment requirements. Currently,
Bobcat Company does not charge any additional fees for credit card payments.
Warrantv
5) Describe in detail your manufacturer warranty program, including conditions and requirements to qualify,
claims procedure, and overall structure. You may include in your response a copy of your warranties, but at a
minimum please also answer the following questions.
Bobcat Comnanv
All Bobcat Skid Steer Loaders, Compact Track Loaders, and Mini -Excavators will include a 24 month/Unlimited
hours warranty. All other products to include; Toolcat, Utility Vehicles, Mini -Track Loaders, and Versa -Handlers
will include a 12 month/Unlimited hours warranty. (See Attached Warranty Statements)
• Do your warranties cover all products, parts, and labor?
o Bobcat Comnanv
• Warranties will cover all parts and labor within the specified warranty period.
Do your warranties impose usage restrictions or other limitations that adversely affect coverage?
o Bobcat Con►nany
• Customary to the manufacturing industry, usage limitations such as; length of time or number of
month (i.e. 12 months) and/or the number of hours (i.e. 2000 hours). Optional Manufacturers
Warranty would also follow the aforementioned number of months/hours methodology.
• Other limitations or circumstances that would restrict or otherwise create warranty limitations
are; abuse, unauthorized alterations; damage; environmental conditions, inadequate maintenance,
adjustments, normal wear/tear, consumable items, unauthorized repairs, rentals/loaner units,
diagnostic time, freight charges, project/job loss, and clean up time
• Do your warranties cover the expense of technicians' travel time and mileage to perform warranty repairs?
o Bobcat Companv
• Travel time for techinicians will not be covered to perfom warranty repair.
Are there any geographic regions of the United States for which you cannot provide a certified technician
to perform warranty repairs? How will Sourcewell Members in these regions be provided service for
warranty repair?
o Bobcat Comnanv
• Bobcat Company has nearly 600 independently owned and authorized dealers throughout North
America. There are multiple dealers or enterprise locations within each state that will stand ready
to perform service and warranty work to best serve the government customers.
• Will you cover warranty service for items made by other manufacturers that are part of your proposal, or
are these warranties issues typically passed on to the original equipment manufacturer?
o Bobcat Company
• Warranty service for any items made by other manufacturers or not manufactured by Bobcat
Company will be passed on to the original equipment manufacturer. Note, all products currently
offered in response to this RFP will be covered by the warranty of Bobcat Company.
• What are your proposed exchange and return programs and policies?
o Bobcat Conwan y
190 of 214
• Exchange and returns rarely occur, however in the event that the situation(s) shall arise, Bobcat
Company will work with the customer on a case by case basis. It is Bobcat Companys' intent to
create a world class customer experience and will work diligently with the customer(s) and
dealer(s) to quickly provide resolution and minimize any disruption in the customer(s) operations.
6) Describe any service contract options for the items included in your proposal.
o Bobcat Comnank
■ Service contracts will be only offered by the Bobcat indepently owned and authorised dealers
• If so chosen by the customer, service contracts through the Bobcat dealer can quoted and
ordered in conjunction with contract items.
Pricin . Deliverv. Audits, and Administrative Fee
7) Provide a general narrative description of the equipment/products and related services you are offering in your
proposal.
• Bobcat Conrnanvs' product lines fit within the scope of this Sourcewell RFP. Our breadth of products
include the following for Sales, lease and Rental; Skid Steer Loaders, Compact Track Loaders, Compact
and Mini Excavators, Mini Track Loaders, Utility Work Machines (Toolcat®), Compact Tractors, Utility
Vehicles, and Versa-i landlers. Our product offering will be expanded in 2020 to include Small Articulating
Loaders and Compact Wheel Loaders.
8) Describe your pricing model (e.g., line -item discounts or product -category discounts). Provide detailed pricing
data (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want
Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your
proposal. (Keep in mind that reasonable price and product adjustments can be made during the term of an
awarded Contract. See the body of the RFP and the Price and Product Change Request Form for more detail.)
• Bobcat Comnanvs' pricing model will be a percentage discount off manufacturers suggested list price by
product category. (See Bobcat Company Price Pages attached)
9) Please quantify the discount range presented in this response. For example, indicate that the pricing in your
response represents is a 50% percent discount from the MSRP or your published list.
• Bobcat Conlnanv discounts will range from 16% to 30% off the manufacturers suggested list price depending
on product category. Throughout the term of the contract, Bobcat Company will offer additional discount
incentives pertinent to manufacturing pressure, discount programs, and market share opportunities. (See
attached Bobcat Company Price Pages)
10) The pricing offered in this proposal is
a. the same as the Proposer typically offers to an individual municipality, university, or school
district.
b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations,
or state purchasing departments.
_c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or
state purchasing departments.
X d. other than what the Proposer typically offers (please describe).
a Pricing offered in response to this Sourcewell RFP is similar or is better than some pricing offered to other GPOs,
Cooperative procurement organizations, or state purchasing departments. Because or the ceiling based pricing,
our discount structure offered will allow for best value. better flexibility, better volume discount considerations,
hot list pricing, market conditions, manufacturing pressures, and positioned to provide more competitive discounts
as needed to accommodate budgets or customer situations.
191 of 214
11) Describe any quantity or volume discounts or rebate programs that you offer.
Bobcat Comnant,
Quantity or volume discounts arc available upon request. Like models, factory installed options and
attachments with quantities of 3 or more receive favorable discount considerations beginning with I %
additional discount and/or freight cost reductions.
12) Propose a method of facilitating "sourced" products or related services, which may be referred to as "open
market" items or "nonstandard options". For example, you may supply such items "at cost" or "at cost plus a
percentage," or you may supply a quote for each such request.
Bobcat Comnanv
o Bobcat Company will allow for "sourced" goods/products or related services or "open market" item or
"nonstandard options" to be itemized and offered on Sourcewell member quotes and orders. For example,
items such as aflermarket attachments not offered by Bobcat Company will be offered at the dealer price
plus 10% and the dealer invoice will collected for record retention.
13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response.
This cost includes all additional charges that are not directly identified as freight or shipping charges. For
example, list costs for items like installation, set up, mandatory training, or initial/pre-delivery inspection.
Identify any parties that impose such costs and their relationship to the Proposer.
Bobcat Comnanv
• Additional total cost of acquisition may include items such as dealer installation of pans and accessories, set
up and pre -delivery inspections. Costs are associated with the local dealers shop and labor rates.
14) If travel expense, delivery or shipping is an additional cost to the Sourcewell Member, describe in detail the
complete travel expense, shipping and delivery program.
Bobcat Comnanv
C Freight costs (varies by product type) from the factory to customer delivery address will be itemized on the
quote and paid by the customer, unless otherwise agreed. Units will be shipped from the factory to the
nearest assigned dealer for pre -delivery inspection and parts/accessory installation unless unforeseen
circumstances warrant a change to this procedure. The dealer will be responsible for making contact with
the customer to arrange final delivery within the appropriate delivery times determined by the customer.
15) Specifically describe those travel expense, shipping and delivery programs for Alaska, Hawaii, Canada, or any
offshore delivery.
Bobcat Comnanv
• In situations where delivery is to be made to Alaska, Hawaii, remote parts of Canada, or any offshore
delivery the customer will be responsible for the additional freight, air freight, sling load, barge, fairy, and
freight forwarding charges to include cargo containers. Additional charges will be reviewed by the
customer prior to order and it is customary for Bobcat Company to work with the customer if there is a
desired delivery method specified by the customer.
16) Describe any unique distribution and/or delivery methods or options offered in your proposal.
Bobcat Comnanv
c Other than the aforementioned methods of delivery, if a unique delivery situation were to arise Bobcat
Company will work closely with the customer to provide the most efficient and cost effective methods.
192 of 214
17) Please specifically describe any self -audit process or program that you plan to employ to verify compliance
with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell Membersobtain
the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor
remits the proper administrative fee to Sourcewell.
Bobcat Company
From inception of the contract, Sourcewell Contract specific price pages, dealer memorandum of
instruction, and ordering instructions will be handled and distributed to the Bobcat Dealers by the Bobcat
Company Government Sales Office. Pricing and discounts will be input into the Bobquote System in order
to comply with contract discounts and pricing for quoting consistency in accordance to the awarded
contract. All orders will be verified and processed by the Bobcat Government Sales Operations staff in
order to maintain consistency and audit compliance. Sourcewell Contract quotes and sales orders will be
documented on an internal retail report for easy access and filtering to efficiently provide sales data for
quarterly reporting to Sourcewell and administrative fee remittance.
18) Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and
promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically
calculated as a percentage of Vendor's sales under the Contractor as a per-u nit fee; it is not a line -item addition
to the Member's cost of goods. (See RFP Section 6.29 and following for details.)
Bobcat Company,
Bobcat Company proposes an administrative fee structure of no more than 1%. *Mis proposed discount will allow
Bobcat Company to offer additional incentives to Sourcewell members to better meet the customers constrained
budgets and better meet the competitive situations in markets of opportunity.
Indusirv-Snecilic Ouestions
19) describe an} industry -specific qualit} management system certifications obtained by your organization.
Bobcat Companty
Bobcat Company hold certificates in accordance ISU 9001-2015 (see attached certificates)
20) Describe any environmental management system certifications obtained by your organization.
Bobcat Company,
Bobcat Company holds certificates in accordance with ISO 14001 Environmental Management Systems certification
(see attached certificate)
21) Describe any preventive maintenance programs that your organization offers for the solutions you
are proposing in your response.
Bobcat Comnanv
Preventative maintenance programs are available and may be purchased through the local dealer for an
additional char e: Trees vary epending on model, level of service program desired (i.e. number of times
per year, bencltU I -ed r be of hours,
Signature: _. Date: 3 - 25 ZO t9
193 of 214
SEBASTIAN
(IM901AI (EIERtA110N
1914 • UI/
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: February 14, 2024
Agenda Item Title: Approve the purchase of one (1) Nissan Frontier Pick -Up Truck at the price
of $33,599.00 as a cooperative purchase under the Florida Sheriff's
Association contract # FSA23-VEL31.0 from Terry Taylor's Deland Nissan
Inc.
Recommendation: Staff requests City Council authorize the purchase of a new Nissan Frontier
pick-up truck for the Building Department as a cooperative purchase under
the Florida Sheriff's Association contract # FSA23-VEL31.0 from Terry
Taylor's Deland Nissan Inc. and authorize the City Manager to execute all
appropriate documents for the purchase.
Background: The Building Department of the City of Sebastian is seeking to purchase an
additional vehicle in order to accommodate current part-time personnel and the addition of future full-time
personnel. This vehicle will have a spray in bed liner and four corner strobe lights for building department
use. Staff budgeted $30,000 for a new truck in this year's budget. However, the current cost estimate exceeds
the budgeted amount. The Building Department will need to utilize an additional $3,599 from the Building
Department's Operating Budget to cover the truck purchase.
Staff compared quotes from multiple vendors and determined that in this instance, the quote from Terry
Taylor's Deland Nissan's quote came in $3,606.00 lower than their contracted price.
The use of cooperative purchasing allows the City of Sebastian to take advantage of the better pricing that
large purchasers are able to obtain in order to reduce administrative time and costs involved in the
procurement process (i.e., cost of preparing bid specifications, advertising, etc.). The recommended vendor is
the most advantageous to meet the needs of the City in this instance and has been selected in accordance with
Chapter 287, Florida Statutes and the City's Ordinance Section 2-10(c)(2), which grant the authority to utilize
cooperative purchasing for the purchase of goods and services from inter -governmental cooperatives.
Staff is seeking approval for the purchase and the authorization of the City Manager to execute all
appropriate documents.
If Agenda Item Requires Exuenditure of Funds:
Budgeted Amount: $30,000.00
Total Cost: $33,599.00
Funds to Be Utilized for Appropriation: Building Department Enterprise Fund
Attachments:
1) Terry Taylor's Deland Nissan, Inc. Quote
2) FSA23-VEL31.0 Contract
3) Alan Jay Comparison Quote
4) Seminole Toyota Comparison Quote
Administrative Services Department Review: , it,
City Attorney Review: l
Procurement Division 4evi, if applicable: 4 `—
.r
City Manager Authorization: �4-'� TI�
Date: a h h 0d l
194 of 214
IFLORIDA SHERIFFS ASSOC CONTRACT Terry Taylor's DELAND NISSAN Inc.
2600 SOUTH WOODLAND BLVD
DELAND, FL 32720
Ph: 386-734-3003
Fax: 386-734-5743
Attention: City of Sebastian Cell 386-801-4187
To: T. Alan Clarke From: Howard Williams
Phone #: 772-589-1295 E-mail howardwilliams@cfl.rr.com
Fax #: Pages:
Re: Frontier King Cab 4x2 spec 1002 Date: 1/25/2024
E-mail TClarke anciJtvofsebastian.ora
Bid #: FSA23-VEL31.0 Item: #120
District: ICentrai Model #: 32114
Order Code' Description Price
Base Compact Crew Cab Pickup Truck 4x2 Nissan Frontier S $ 31,656.00
Credit Delete to Frontier S Model King Cab 4x2 with all the following
31114 listed options available; $ (1,014.00)
Technology Package: Includes Lane Departure warning, Blind Spot
Warnig, Rear cross traffic alert, Rear Sonar System,Rear
automatic braking, High beam Assist, Intelligent Cruise Control,
Vol Trafic Sign Recognition; $ 989.00
L93 Floor Mats Carpeted exchanged to factory rubber mats F& R $ 171.00
B92 Splash Guards $ 205.00
Spray Bed Sprav-on bedliner Line-X Dealer Installed 5 1/2 ft bed; $ 895.00
4 corner Buyers LED Strobes surface mounted; Whelen Mini T Ion
Strobes amber Strobes additional $210.00 $ 697.00
White charcoal trim
I Total Vehicle Quote: 1 $ 33,599.001
195 of 214
FSA Cooperative Purchasing Program
FLORIDA
/ SHERIFFS ASSOCIATION %-
FSA23-vEE31o0: Pursuit, Administrative, & Other
Vehicles
Final Award Report
i
FLO00
l.Wa« ,
CONTRACT SIGNATURE FORM
By submitting a response ito this Invitation to Bid and signing this form, the Bidder declares that he or
she has read, and the company understands, accepts and will comply with the terms, conditions and
specifications of this bid end any addenda issued. The failure or omission to review this document shall
in no way relieve the authorized agent of obligations with respect to this bid. The submission of a bid
and signature below shall be taken as evidence of acceptance of the terms and conditions of this bid.
The Bidder further declares that no other persons other than the authorized agent herein named has
any interest in this bid orlin the contract to be taken, and that it is made without any connection with
any other person or persons making proposal for the same article, and is in all respects fair and without
collusion or fraud.
The Bidder further declares that they have carefully examined the specifications and is thoroughly
familiar with its provisions and with the quality, type and grade of materials required.
The Bidder further declares that they have provided a discount on all factory options Included In this bid,
and such discount will be: Included In all purchase orders.
The Bidder further declares that the company understands the financial responsibility associated with
this bid as stated and further declares that it has the ability to meet the financial responsibility
associated with this bid.
The Bidder further declares that the company will furnish the items awarded for the price bid.
FSA Contract Number F5A23-VEL32.0: Pursuit, Administrative, & Other Vehli
Bidder Company Name TFrry Taylor's Deland Nissan, Inc.
Business Address 26CO South Woodland Blvd.
not and Flnriaa a)r»n
Name of Authorized Agegt Howard B. Williams
Email address of authorized agent howardwilliams@dl.rr.com
Signature
Date 8/28/2023
FSA Contract Number "3-VEL32.0: Pursuit, Administrative, & Other Vehicles
Bidder Company Name 13
Ter Iry Taylor's Deland Nissan, inc.
197 of 214
Bid Award
Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles
Group: Pickup Trucks — 4x2
Item: 121. Nissan, Frontier SV LWB 4x2 CC A/T, 33114
Zone
Rank
Vendor
Price
Build File
Options File
Western
Primary
Terry Taylor's DeLand Nissan, Inc.
$37,280.00
Build
Options
Northern
Primary
Terry Taylor's DeLand Nissan, Inc.
$37,216.00
Build
Options
Central
Primary
Terry Taylor's DeLand Nissan, Inc.
$37,202.00
Build
Options
Southern
Primary
Terry Taylor's DeLand Nissan, Inc.
$37,227.00
Build
Options
198 of 214
Sourcewell
rn r:•0, su,n
Call Us first, for all of your Fleet Automotive, & Light Track needs. Quote
PHONE (800) ALANJAY (252-6529) DIRECT 863-402-4234 WWW.ALANJAY.COM 52002-1
Corporate 2003 U.S. 27 South MOBILE 863-273-1105 Mailing P.O. BOX 9200
Office Sebring, FL 33870 FAX 863-402-4221 Address Sebring, FL 33871-9200
ORIGINAL
11 40T024 ATE QUICK QUOTE SHEET REVISED 4 2002 E DATE
REQUESTING AGENCY SEBASTIAN, CITY OF
CONTACT PERSON ALAN CLARKE EMAIL TClarkenacityofsebastian.ora
PHONE 772-589-1295 MOBILE 772-321-1235 FAX 772-589-5570
SOURCEWELL (FORMERLY NJPA) CONTRACT # 2024 091521-NAF & 06 www.NationalAutoFleetGroup.com
MODEL 31314 MSRP $34,445.00
2024 NISSAN FRONTIER KING CAB SV 2WD W BED
CUSTOMER ID NJPA PRICE $33,882.00
W BED
All vehicles will be ordered white w/ darkest interior unless clearly stated otherwise on purchase order.
FACTORY OPTIONS DESCRIPTION
QAK Glacier White $0.00
G Charcoal, Premium Cloth Seat Trim $0.00
3.81. Engine: 3.81- DI DOHC 24-Valve V6, Transmission: 9-Speed Automatic w/Oil Cooler $0.00
FL2 OPTIONS [1-92] Carpeted Floor Mats $200.00
PW PL Power Windows & Locks (Intl) $0.00
BT BLUE TOOTH (STD) $0.00
BUC Back Up Camera $0.00
FACTORY OPTIONS $200.00
CONTRACT OPTIONS DESCRIPTION
NO -TEMP TEMP TAG NOT REQUESTED, CUSTOMER WILL HANDLE THEIR OWN TAG WORK. $0.00
EWD EXTENDED WARRANTY DECLINED $0.00
3BLS 3rd brake light safety sulse (Pulses 3rd brake light (4) times upon application of brake pedal to increase driver $200.00
awareness behind you when stopping)
HD SOB SH HD Scorpion spray on bed liner (short bed) under rail. $735.00
FS MP562U-4 (4) Federal Signal MicroPulse Ultra dual color with (2) mounted in grille and (2) mounted to rear of vehicle. $810.00
CONTRACT OPTIONS $1,745.00
TRADE IN TOTAL COST $35,827.00
50.00
TOTAL COST LESS TRADE IN(S) QTY 1 $35,827.00
Estimated Annual payments for 60 months paid in advance: $8,023.77
Municipal finance for any essential use vehicle, requires lender approval, WAC.
Comments QUOTE SUBJECT TO FACTORY ORDER ACCEPTANCE or 30 DAYS
VEHICLE QUOTED BY ASHLEE WILSON GOVERNMENT ACCOUNT MANAGER Ashlee.Wllsontb?AJanJ mcom
"i Want to be Your Fleet Provider"
I 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.
I am always happy to be of assistance.
N1PA_SEBASTIAN, CITY OF_52002_Quote_1.PDF Page 1 of 1
199 of 214
Alan Jay Fleet
Ashlee Wilson 1 863-4024234 1 ashlee.wilson@alanjay.com
Vehicle: [Fleet] 2024 Nissan Frontier (31314) King Cab 4x2 SV ( -Complete)
Note:Photo may not represent exact vehicle or selected equipment.
Window Sticker
SUMMARY
[Fleet] 2024 Nissan Frontier (31314) King Cab 42 SV MSRP:$32,730.00
Interior: Charcoal, Premium Cloth Seat Trim
Exterior 1:Glacier White
Exterior 2:No color has been selected.
OPTIONS
CODE MODEL
MSRP
31314 [Fleet] 2024 Nissan Frontier (31314) King Cab 42 SV
$32,730.00
OPTIONS
FL2 [1-92] Carpeted Floor Mats
$205.00
G Charcoal, Premium Cloth Seat Trim
$0.00
OAK Glacier White
$0.00
SUBTOTAL $32,935.00
Adjustments Total $0.00
Destination Charge $1,510.00
TOTAL PRICE $34,445.00
This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices,
specifications, and availability are subject to change without notice, and do not include certain fees. taxes and charges that may be required by law or vary by manufacturer or region.
Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's
input is subject to the accuracy of the input provided.
Data Version: 21540. Data Updated: Jan 22, 2024 6:40:00 PM PST.
Jan 24, 2024 Page 2
200 of 214
Alan Jay Fleet
Ashlee Wilson 1 863-402-4234 1 ashlee.wilson@alanjay.com
Vehicle: [Fleet] 2024 Nissan Frontier (31314) King Cab 42 SV ( Complete)
FUEL ECONOMY
Est City:18 (2023) MPG
Est Highway:24 (2023) MPG
Est Highway Cruising Range:506.40 mi
This document contains information considered Confidential beri+oz:,ri vU + :,iru. its Clients uniquely. The information provided is not intended for public disclosure. Prices,
specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law orvary by manufacturer or region.
Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's
input is subject to the accuracy of the input provided.
Data Version: 21540. Data Updated: Jan 22, 2024 6:40:00 PM PST.
Jan 24, 2024 Page 3
201 of 214
Alan Jay Fleet
Ashlee Wilson 1 863-402-4234 1 ashlee.wilson@alanjay.com
Vehicle: [Fleet] 2024 Nissan Frontier (31314) King Cab 4x2 SV ( Complete)
Standard Equipment
Mechanical
Exterior
Engine: 3.8L DI DOHC 24-Valve V6
Engine Auto Stop -Start Feature
Transmission w/Oil Cooler
Transmission: 9-Speed Automatic w/Overdrive
Rear -Wheel Drive
3.692 Axle Ratio
Battery w/Run Down Protection
185 Amp Alternator
Towing Equipment -inc: Trailer Sway Control
1620# Maximum Payload
GVWR: 6,012 Ibs (2,727 kgs)
Gas -Pressurized Shock Absorbers
Front Anti -Roll Bar
Hydraulic Power -Assist Speed -Sensing Steering
21.1 Gal. Fuel Tank
Single Stainless Steel Exhaust
Double Wishbone Front w/Coil Springs
Solid Axle Rear Suspension w/Leaf Springs
4-Whddi oisc tiraKes wi4-Wheel ABS, Front And Rear Vented Discs, Brake Assist and Hill Hold Control
Brake Actuated Limited Slip Differential
Regular Box Style
Wheels: 16" Alloy
Tires: P265/70R16 All Season
Steel Spare Wheel
Full -Size Spalia . wu'64ored Underbody w/CfhiKOUVVrr
Clearcoat Paint
Body -Colored Front Bumper w/Metal-Look Rub Strip/Fascia Accent
Body -Colored Rear Step Bumper
This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices,
specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.
Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparers
input is subject to the accuracy of the input provided.
Data Version: 21540. Data Updated: Jan 22, 2024 6:40:00 PM PST.
Jan 24, 2024 Page 4
202 of 214
AlAn Jay Fleet
Ashlee Wilson 1 863-402-4234 1 ashlee.wilson@alanjay.com
Vehicle: [Fleet] 2024 Nissan Frontier (31314) King Cab 4x2 SV ( Complete)
Exterior
Entertainment
Interior
Black Side Windows Trim, Black Front Windshield Trim and Black Rear Window Trim
Body -Colored Door Handles
Body -Colored Power Side Mirrors w/Manual Folding
Fixed Rear Window
Deep Tinted Glass
Variable Intermittent Wipers
Fully Galvanized Steel Panels
Black Grille w/Body-Color,Sl, fu' ,(oc,
Reverse Opening Rear Doors
Tailgate Rear Cargo Access
Manual Tailgate/Rear Door Lock
Intelligent Auto Headlights (i-Ah) Auto On/Off Aero-Composite Halogen Headlamps w/Delay-Off
Cargo Lamp w/High Mount Stop Light
LED Brakelights
Radio w/Seek-Scan, Clock and Radio Data System
Radio: SXM/AM/FM/AUX/USB Audio System -inc: 6 speakers, 8.0" color touch -screen display, Apple CarPlay,
Android Auto, Bluetooth hands -free phone system and streaming (audio or text message), voice recognition for
audio features, Sid Eyes Free, SiriusXM radio w/advanced audio features, 1 USB-A and 1 USB-C fir—mtt ports
and steering wheel audio controls
Integrated Roof Antenna
2 LCD Monitors In The Front
Driver Seat
Passenger Seat
50-50 Folding Jump Front Facing Fold -Up Cushion Rear Seat
Manual Tilt Steering Column
Gauges -ii C. ` peec,Jr.eter, Odometer, Voltmeter, Oil Pressure, Engine Coolant Temp, Tachometer, Trip
Odometer and Trip Computer
Fixed Rear Windows
Front Bucket Seats -inc: o-way Dower driver's seat w/2-way manual lumbar support and 4-way manual
adjustable front passenger seat
This document contains information considered Confidential between GM and its Clients uniquely. The Information provided is not intended for public disclosure. Prices
specifications, and availability are subject to change without notice, and do not include certain fees. taxes and charges that may be required by law or vary by manufactdkir or region.
Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's
input is subject to the accuracy of the input provided.
Data Version: 21540. Data Updated: Jan 22, 2024 6:40:00 PM PST.
Jan 24, 2024 Page 5
203 of 214
Alan Jay Fleet
Ashlee Wilson 1 863-402-4234 1 ashlee.wilson@alanjay.com
Vehicle: [Fleet] 2024 Nissan Frontier (31314) King Cab 42 SV ( Complete)
Interior
Front Cupholder
Proximity Key For Push Button Start Only
Remote Keyless Entry w/Integrated Key Transmitter, Illuminated Entry and Panic Button
Cruise Control w/Steering Wheel Controls
Manual Air Conditioning
HVAC -inc: Underseat Ducts
Glove Box
Driver Foot Rest
Interior Trim -inc: Metal -Look Instrument Panel Insert and Chrome Interior Accents
Full Cloth Headliner
Leatherette Door Trim Insert
Urethane Gear Shifter Material
Premium Cloth Seat Trim
Day -Night Rearview Mirror
Driver And Passenger Visor Vanity Mirrors
Full Floor Console w/Covered Storage and 1 12V DC Power Outlet
Front Map Lights
Fade -To -Off Interior Lighting
Full Carpet Floor Covering
Pickup Cargo Box Lights
Instrument Panel Covered Bin, Dashboard Storage, Driver / Passenger And Rear Door Bins and 2nd Row
Underseat Storage
Power 1st Row Windows w/Driver 1-Touch Up/Down
Delayed Accessory Power
Power Door Locks w/Autolock Feature
Driver Information Center
Trip Computer
Digital/Analog Appearance
Manual Anti -Whiplash Adjustable Front Head Restraints and Manual Adjustable Rear Head Restraints
Front Center Armrest
This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices,
specifications, and availability are subject to change without notice, and do not include certain fees. taxes and charges that may be required by law or vary by manufacturer or region.
Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's
input is subject to the accuracy of the input provided.
Data Version: 21540. Data Updated: Jan 22, 2024 6:40:00 PM PST.
Jan 24, 2024 Page 6
204 of 214
Alan Jay Fleet
Ashlee Wilson 1 863-402-4234 1 ashlee.wilsonLalanjay.com
Vehicle: [Fleet] 2024 Nissan Frontier (31314) King Cab 4x2 SV ( ' Complete )
Interior
Safety -Mechanical
Safety -Exterior
Safety -Interior
WARRANTY
1 Seawa(..l ;;tui-a,e Pocket
Immobilizer
Perimeter Alarm
1 12V DC Power Outlet
Air Filtration
Electronic Stability Control (ESC)
ABS And Driveline Traction Control
Siou ,ivivau, seams
Dual Stage Driver And Passenger Seat -Mounted Side Airbags
Intelligent Forward Collision Warning w/Automatic Emergency Braking (AEB)
Collision Mitigation -Front
Driver Monitoring -Alert
Tire Pressure Monitoring System Tire Specific Low Tire Pressure Warning
Dual Stage Driver And Passenger Front Airbags
Curtain 1 st And 2nd Row Airbags
Airbag Occupancy Sensor
Driver And Passenger Knee Airbag and Rear Side -Impact Airbag
Outboard Front Lap And Shoulder Safety Belts -inc: Height Adjusters and Pretensioners
RearView Monitor Back -Up Camera
Basic Years: 3
Basic Miles/km: 36,000
Drivetrain Years: 5
Drivetrain Miles/km: 60,000
Corrosion Years: 5
Corrosion Miles/km: Unlimited
Roadside Assistance Years: 3
Roadside Assistance Miles/km: 36,000
This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices,
specifications, and availability are subject to change without notice, and do not ircl certain fees, taxes and charges that may be required by law or vary by manufacturer or region.
Performance figures are guidelines only, and actual performance may vary. rJhBttlMA' M 1 f6present actual vehicles or exact configurations. Content based on repert preparer's
input is subject to the accuracy of the input provided.
Data Version: 21540. Data Updated: Jan 22, 2024 6:40:00 PM PST.
Jan 24, 2024 Page 7
205 of 214
Alan Jay Fleet
Ashlee Wilson 1 863-402-4234 1 ash lee.wiisonial)alanjay.com
Vehicle: [Fleet] 2024 Nissan Frontier (31314) King Cab 4x2 SV ( , Complete)
Technical Specifications
Chassis
Weight Information
Standard Weight - Front
0.00 Ibs
Standard Weight - Rear
0.00 Ibs
Base Curb Weight
4345 Ibs
Gross Axle Wt Rating - Front
3296 Ibs
Gross Axle Wt Rating - Rear
3501 Ibs
Curb Weight - Front
N/A
Curb Weight - Rear
N/A
Option Weight - Front
0.00 Ibs
Option Weight - Rear
0.00 Ibs
Reserve AAib capacity - Front
N/A
Reserve Axle Capacity - Rear
N/A
As Spec'd Curb Weight
N/A
A's opec U r'ayload
N/A
Maximum Payload Capacity
N/A
Gross Combined Wt Rating
11427 Ibs
Gross Axle Weight Rating
t i Lli .UU 10s
Curb Weight
N/A
Reserve Axle Capacity
N/A
Total Option Weight
0.00 Ibs
Payload Weight Front
0 Ibs
Payload Weight Rear
0 Ibs
Gross Vehicle Weight Rating
6012.00 Ibs
Trailering
Dead Weight Hitch - Max Trailer Wt. 5000 lbs Dead Weight Hitch - Max Tongue Wt. 500 Ibs
Wt Distributing Hitch - Max Trailer Wt. 6650 Ibs Wt Distributing Hitch - Max Tongue Wt. 665 Ibs
Fifth Wheel Hitch - Max Trailer Wt. N/A Fifth Wheel Hitch - Max Tongue Wt. N/A
Maximum Trailering Capacity 6650 Ibs
Frame
Frame Type N/A Sect Modulus Rails Only N/A
Frame RBM N/A Frame Strength N/A
Frame Thickness N/A
Suspension
Suspension Type - Front
Double Wishbone
Suspension Type - Rear
Leaf
Spring Capacity - Front
N/A
Spring Capacity - Rear
N/A
Axle Type - Front
Independent
Axle Type - Rear
Rigid Axle
Axle Capacity - Front
N/A
Axle Capacity - Rear
N/A
Axle Ratio (:1) - Front
3.69
Axle Ratio (:1) - Rear
3.69
This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices,
specifications, and availability are subject to change wi(ltout notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.
Performance figures are guidelines only, and actti�l i0d6binay vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's
input is subject to the accuracy of the input provided.
Data Version: 21540. Data Updated: Jan 22, 2024 6:40:00 PM PST.
Jan 24, 2024 Page 8
206 of 214
Alan Jay Fleet
Ashlee Wilson 1 863-402-4234 1 ashlee.wilson@alanjay.com
Vehicle: [Fleet] 2024 Nissan Frontier (31314) King Cab 4x2 SV ( :' Complete)
Chassis
Suspension
Shock Absorber Diameter - Front
N/A
Shock Absorber uiameter - Rear
N/A
Stabilizer Bar Ciameter - Front
N/A
Stabilizer Bar Diameter - Rear
N/A
Tires
Front Tire Order Code
N/A
Rear Tire Order Code
N/A
Spare Tire Order Code
N/A
Front Tire Size
P265/70SR16
Rear Tire Size
P265/70SR16
Spare Tire Size
Full -Size
Front Tire Capacity
N/A
Rear Tire Capacity
N/A
Spare Tl� 1
N/A
Revolutions/Mile @ 45 mph - Front
N/A
Revolutions/Mile @ 45 mph - Rear
N/A
Revolutions/Mile @ 45 mph - Spare
N/A
Wheels
Front Wheel Size
16 X 7.5 in
Rear Wheel Size
16 X 7.5 in
Spare Wheel Size
Full -Size in
Front Wheel Material
Aluminum
Rear Wheel M-oterial
Aluminum
Spare Wheel Material
Steel
Steering
Steering Type
Rack -Pinion
Steering Ratio (A), Overall
N/A
Steering Ratio (A), On Center
N/A
Steering Ratio (A), At Lock
N/A
Turning Diameter - Curb to Curb
43.5 ft
Turning Diameter - Wall to Wall
N/A
Brakes
Brake Type
4-Wheel Disc
Brake ABS System
4-Wheel
Brake ABS System (Second Line)
4-Wheel
Disc - Front (Yes or )
Yes
Disc - Rear (Yes or )
Yes
Front Brake Rotor Diam x Thickness
11.1 in
Rear Brake Rotor Diam x (hickness
11.3 in
Drum - Rear (Yes or )
N/A
Rear Drum Diam x Width
N/A
Fuel Tank
Fuel Tank Capacity, Approx
21.1 gal
Aux Fuel Tank Capacity, Approx
N/A
Fuel Tank Location
N/A
Aux Fuel Tank Location
N/A
This document contains information considered Confidedd(betw8en GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices,
specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.
Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's
input is subject to the accuracy of the input provided.
Data Version: 21510. n^ta Updated: Jan 22, 2024 6:40:uu PM PSI.
Jan 24, 2024
Page 9
207 of 214
Alan Jay Fleet
Ashlee Wilson 1 863-402-4234 1 ashlee.wilson@alanjay.com
Vehicle: [Fleet] 2024 Nissan Frontier (31314) King Cab 42 SV ( Complete )
Dimensions
Interior Dimensions
Passenger Capacity
4
Front Head Room
39.7 in
Front Leg Room
42.3 in
Front Shoulder Room
58.2 in
Front Hip Room
54.3 in
Second Head Room
36.6 in
Second Leg Room
26.2 in
Second Shoulder Room
52.4 in
Second Hip Room
52.2 in
Exterior Dimensions
Wheelbase
126 in
Length, Overall w/o rear bumper
N/A
Length, Overall w/rear bumper
N/A
Length, Overall
210.2 in
Width, Max w/o mirrors
73 in
Height, Overall
71.2 in
Overhang, Front
N/A
Overhang, Rear w/o bumper
N/A
Front Bumper to Back of Cab
N/A
Cab to Axle
N/A
Cab to End of Frame
N/A
Ground to Top of Load Floor
N/A
Ground to Top of Frame
N/A
Frame Width, Rear
N/A
Ground Clearance, Front
7.5 in
Ground Clearance, Rear
7.5 in
Body Length
0.00 ft
Cab to Body
N/A
Cargo Area Dimensions
Cargo Box Length @ Floor
73.3 in
Cargo Box Width @ Top, Rear
61.4 in
Cargo Box Width @ Floor
61.4 in
Cargo Box Width @ Wheelhousings
44.5 in
Cargo Box (Area) Height
19.4 in
Tailgate Width
N/A
Cargo Volume
49.6 ft3
Ext'd Cab Cargo Volume
N/A
This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices,
specifications. and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.
Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's
input is subject to the accuracy of the input provided.
Data Version: 21540. Data Updated: Jan 22, 2024 6:40:00 PM PST.
Jan 24, 2024 Page 10
208 of 214
Bid Award
Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles
Group: Pickup Trucks — 4x2
Item: 135, Toyota, Tundra SR Double Cab, 8242
Zone
Rank
Vendor
Price
Build File
Options File
Western
Primary
Seminole Toyota
$38,607.00
Build
Options
Northern
Primary
Seminole Toyota
$38,607.00
Build
Options
Central
Primary
Seminole Toyota
S38,607.00
Build
Options
Southern
Primary
Seminole Toyota
$38,607.00
Build
Options
209 of 214
Model Year: 2024
8242 TUNDRA 4X2 SR
Model: DOUBLE CAB 6.5 - 10AT -
10 spd Auto Trans
Destination: Florida
MECHANICAL & PERFORMANCE
i-FORCE Twin -Turbo V6, DOHC 24V with Dual VVT-i, 348 hp/405 lb-ft
10-Spd Auto Trans with Sequential Shift
Automatic Limited -Slip Differential
. Multi -Link Rear Suspension
SAFETY & CONVENIENCE
- Toyota Safety Sense 2.5: Pre -Collision Sys w/Pedestrian Detection, Full -Speed
Range Dynamic Radar Cruise Control, Lane Departure Alert w/Steering Assist,
Lane Tracing Assist, Automatic High Beams, Road Sign Assist
Trailer Sway Control
Connected Services Capable. 4G network dependent. See Toyota.com for
details.
EXTERIOR
18-in. Styled -Steel Wheels
Alurninum-Reinforced Composite Bed
LED Headlights with DRLs and Manual
Leveling Adjustment
INTERIOR
- 8-in. Toyota Audio Multimedia w/ 6-Speakers, Wireless Apple CarPlay and
Android Auto Compatibility
SiriusXM w/3-Month Platinum Plan Trial
Combination Meter w/4.2-in. Color MID
210 of 214
- Single Zone Automatic Climate Control
Smart Key System with Push Button Start
- Fabric -Trimmed 4-Way Adjustable Driver & Front Passenger Seat with Center
Console
- 60/40 Split, Fold -Up Rear Seats with Under -Seat Storage Compartment
- Power Horizontal Rear Window
For Full Product Details:
Please Visit Toyota.com/Tundra
NOTE: Standard features are based on information available when this page
was posted and are subject to change without notice.
FE 50 State Emissions
NA
SW SR Grade Package NA
211 of214
11
i�
SEBASTIAN
CENTENNIAL CELEBRATION
1924.2014
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: February 14, 2024
Agenda Item Title: Approve Express Clydesdales Parade Agreement to provide
Clydesdales horses for the Centennial Celebration in the amount of
$13,864.00
Recommendation: Approval of an agreement with Express Clydesdales to provide
Clydesdale horses for the Centennial Celebration in the amount of
$13,864.00 and authorize the City Manager to execute the agreement
Background: Since the inception of the centennial planning, City Staff has been in
contact with the Anheuser-Busch Company and Express Clydesdales in order to have Clydesdales
horses for the Centennial birthday celebration. Throughout the planning process, staff has not
received any indication of interest from the Anheuser-Busch Company. The Express Clydesdales
based out of Yukon, Oklahoma, have provided an agreement to come on December 8 h in the amount
of $13,864.00.
Staff recommends approval of the agreement and requests authorization for the City Manager to
execute the attached agreement.
If Agenda Item Requires Expenditure of Funds:
Budgeted Amount: FY 2024 — $0
Total Cost: $13,864
Funds to Be Utilized for Appropriation: General Fund
Attachments:
(1) Express Clydesdales Client Payment Agreement
(2) Extraordinary Procurement Certificate
Administrative Services De art e t Review: 1�
lJ
City Attorney Review.
Procurement Divisio eview, if applicable:
0
City Manager
Authorization: 1Z—e
Date: �h 0.1 y
In „i 214
►� -
E`''press
Ar
Client Payment Agreement
MSkILasIL
This agreement ("Agreement") is entered into on February 15, 2024, by and between
[Your Organization's Name] ("Organizer") and Express Clydesdales / Josh Minshull] ("Express Clydesdales").
1. Event Details:
• Date: December 8, 2024
• Event: Sebastian Annual Christmas Parade
2. Financial Terms:
• The participation fee for Express Clydesdales in the parade is $2,000.
• The travel fee is $4.00 per mile, from Yukon, OK to Sebastian, FL and returning to Yukon, OK.
2,966 miles x $4.00 = $11,864.00
• Total due will be $13,864.00.
Payment is to be made in the following manner:
• 10% ($1,386.40) upon signing this Agreement, due on or before March 1, 2024.
• 50% ($5,545.60) on or before Friday, July 7, 2024.
• 100% ($6,932.00) on or before Friday, November 29, 2024.
• All payments should be made payable to. -
Express Clydesdales
Attn: Laura Minshull
12701 W Wilshire Blvd
Yukon, OK 73099
3. Cancellation and Refund Policy:
• In the event of cancellation by the Organizer, the following refund policy shall apply:
• 100% if canceled 30 days before the event, 50% if canceled 15 days before.
• In the event of cancellation once on -site by Express Clydesdales due to weather related circumstances (rain or snow),
the $2,000 participation fee will be refunded, and 50% ($5,932) of the travel expense will be refunded.
• The harness and stagecoach cannot be exposed to moisture of any kind. However, in the event of unforeseen
weather, we will do our best to participate without the risk of damaging our equipment.
4. Insurance:
• Express Clydesdales agrees to maintain appropriate insurance coverage for its participation in the event.
5. Indemnification:
• Organizer agrees to indemnify and hold harmless Express Clydesdales from any claims, damages, or liabilities arising
out of or related to the event, excluding claims resulting from the negligence or willful misconduct of Express
Clydesdales.
6. Governing Law:
• This Agreement shall be governed by and construed in accordance with the laws of Oklahoma.
7. Entire Agreement:
• This Agreement contains the entire understanding between the parties and supersedes all prior agreements, whether
written or oral, relating to the subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
(Organization's Name)
By:
(Your Name, Title)
Date:
(Organization's Name)
By:
(Your Name, Title)
Date:
213 of 214
SE
ziiw
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 Letter from vendor or manufacturer).
Fully completed Certificates are subject to review and approval by the Procurement/Contracts Manager and City Manager.
DATE: 7/1/2024
TO:
Jessica Graham
DEPARTMENT HEAD:
Jeanette Williams
DEPARTMENT:
City Clerk
❑ Emergency
TYPE OF PURCHASE:
® Single Source
❑ Sole Source
PROPOSED VENDOR:
Express Clydesdales
Express Clydesdales will provide clydesdales for the
December 8, 2024 Centennial Parade.
ITEMS OR SERVICES
REQUIRED:
JUSTIFICATION FOR EXCEPTION TO NORMAL PROCUREMENT PROCEDURE:
There are a limited number of business that provide clydesdales rental for events. The City contacted
Anheuser-Busch and Express Clydesdales for the December 8, 2024 Centennial Parade. Anheuser-Busch did
not respond to the City's requests. Express Clydesdales have responded and scheduled a six -horse hitch with
stage coach to come to Sebastian.
OFAVAILABILITY/NECESSITY----_---
I hereby certify that I have thoroughly reviewed the facts and circumstances of this requested purchase and that (1) the Department has an urgent need/emergency
for the purchase of the goods/services and the emergency is such that a delay through the use of normal competitive procurement methods to acquire such good
/services 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 source is available or (3) the supplier
,I''
of the goods/services requested is the sole source supplier.
Submitted: N�JL-&VU Date: I7I �aY
Aanmen'
Head Signature
Approved: / / Date: 21-7 26;.q
ca Graham, urcrhasing Manager / '
Approved: k", Date: / /a o al
?14of?14