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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 1 of 214 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) 2 of 214 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 3 of 214 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 5 of 214 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. 6 of 214 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 10 of 214 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 CROF E1,1--30,,,A,,,.S,8,- 'LAN 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 12 of 214 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 13 of214 (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 pj� AS swwi t uses — EXHIBIT A- " s € R! i j I INN IIIIt 4J. $L—� — Ia, r I I CI 2W } 9 iCt O IG rLAE Mr EE UAY1M 01T a iiacoovar i anar::... �_ — — Eo B —Relit — .K BADGER! STREET _ 50R/W ; s - t ■ s Mas�beLl�i�eJr_,_Moler & Tay!2r, Inc. a r�aafGOOt�[1{U s�ii�y()I$ 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 I f ( I I Ia LOT 11 I I I ® BLOCK 108 pp OCCUPIED I ~ r O F-F.d21.7' I .�� u1 Ji'D. IP L — w ow ow — fP )0' TF ' NO LD. a o ?' 125. 00' NO to �..,• D -}� � 6+ p0.9 ;__ �26 �°_�, SITE BM J SET NAIL 4�- Q 21.6-1 EL£V.=19.68' `ins!_ • 1� V i�wj I X 21. 2 A/C PAD - 2..9 Y� cLEV. 24.i'•'� •M1' � I VW Ll t&8 U0,V90/90 LOT 12 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� p as I m 0• ai.aa' ti` AD a �• g W ,. Z3.7 x f7+ .29 9 - - f —I N901DO'lE FIX 1�" N90'b0'Ob"Yifi 123.00' ��s �u IN-�, ,9 a MOO' 1 NO L0. _� z NO i•Q,__ I � N ?I.q op I J N LOT 13BLOCK mwu� rmwaAa uwweu3 08 OCCUPIEDO I A9MU amm2msta F.F, a 22.8' O it NM i S I I 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 f[Z3o LZ Nk A� 0 H a� !AR jai jaillt 'SRO oil 9 a 01 A ag x mosRA- 4% -----� LIB--� --J r,L—g — p e # b a Pig g I� ". 2, fk� ----��'`�°� ---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 LOT 11 BLOCK 108 OCCUMED F.F.-21. 7' m. m, L FD. IP C! No LD. 6 12&00 220 -4 SITE BMA SF.T NAII ELEV.-19.68 x 21. AA PAO iLEV.-24.1' co 50.00, LOT 12 ELE'AVR-A203- UN& 1* I g E . p BLOCK 108 1. C.) SINGLE FAMILY 2t p RESIDENCE 4er 71 8 658 BADGER STREET ZR� i I `� } 39.82F.F.=24.2' I cn 23.2 X 2-0 ci IR. ny V '-W'-- 12&00' AJRlad ?S�Od - NO LIX '——----!�o Lp�- rOb 21.9fl," ci LOT 13 BLOCK 108 cccupim F.C. 2Z8' iV 38 of 214 D17 - H ow•oo*W— ?i.4 1250), q%t 1 -0 1-,'I 39.82 0 23.2X 1 g G I 141 LOT 11 BLOCK 108 OCCUPIED F.F.-21J' Fa. IP +? NO La a �y 9 jr size St TE BLI SET NAu EL£V.� t9.68' A/tPAD i tLEV.- 24.1' 50.09, LOT 12 cA>iacE , .}' , ' � ��i �I ELEv.-73.7' uj�V .... ti/ J , r'I�y 1 i BLOCK 108 DRJ1k Ay r I SINGLE FAMILY "' r ' I Ld 01 RESIDENCE 658 BADGER STREET F.f.=24.7' �w :y I Q) g$ ( CIO 21_I9.8� Z �q1 ���yy�� �/A NXIDO' 'E N9 W r1� 123.00--- —Q N�'1�-19.8 Z�O01 J 1 LOT 13 BLOCK 8 I OCCUPIED F.r. 22.8' I � 39 of 214 M rL u ow *W— CLr M. 17 1 F—f! X 21. wi u + MA2' OOf 7 LA O 4 LOT 11 BLOCK 108 0CC-UPjF[j F. F. - 2!. FIX LP NO 1A —20.9 SITE B&l* SET NAU co A/C PAD LOT 12 ELOEAV"-'203E 7' BLOCK 108 SINGLE FAMILY RESIDENCE 658 BADGER STREET F. = 2 4.2' I -03" 216 ry Nqoi0006lE N9�ilWa0bOW: 125.00' :q — - -- - ---.--ko Lp- LOT 13 BLOCK 108 OCCUPIED F.F. 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 6,611a���,� S� 64q )0 yf S- ee (2 5 2,(% �%c S+e 4z -- (,,Dz 13�Gt-��� Printed Name Signature G r2aiL W Ck 9f k 4-- �4� l��rc�a Wi Asr�Qr qk1fluu J �n-so n � J C' v Vy) I CI)e_ ZU P9;1 c 4 41 of 214 EXHIBIT El Red = 6-foot High Fence Blue = 4-foot High Fence OPTION A: mi. 1A rq 16 XXXXXXX C OPTION B: !Ij APPLICANT'S REQUEST (Requires a variance) 9, 2 6 r T X)C Xx K x x x -x x W-T 42 of 214 OPTION C: 1 2�, 8,5 rq Ld '' • J IL j • ~•■ ■ �' _j OPTION D: (Requires a variance) :3417 �1� � I .k�6 to ele% iox I - �... x x xVw fi _'" V 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 Regular City Council & 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 Regular City Council & 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 CITY OF SEBASTIAN, FLORIDA Initials ZXj,4A0_ ITS 23-15, CITYWIDE SWALE IMPROVEMENTS IN CONJUNCTION WITH ROADWAY REPAVING 4 of 14 69 of 214 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. CITY OF SEBASTIAN, FLORIDA Initials ZV%C_ ITB 23-15. CITYWIDE SWALE IMPROVEMENTS IN CONJUNCTION WITH ROADWAY REPAVING 5 of 14 70 of 214 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 CITY OF SEBASTIAN, FLORIDA Initials -VV%C— ITB 23-15, CITYWIDE SWALE IMPROVEMENTS IN CONJUNCTION WITH ROADWAY REPAVING 6 of 14 71 of 214 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. CITY OF SEBASTIAN, FLORIDA Initials "T3h C— ITB 23-15, CITYWIDE SWALE IMPROVEMENTS IN CONJUNCTION WITH ROADWAY REPAVING 7 of 14 72 of 214 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 CITY OF SEBASTIAN, FLORIDA bridals --:� ITI3 23-15, CITYWIDE SWALE IMPROVEMENTS IN CONJUNCTION WITH ROADWAY REPAVING off 14 73 of 214 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 CITY OF SEBASTIAN, FLORIDA Inrdats 3' VC. - ITS 23-15. CITYWIDE SWALE IMPROVEMENTS IN CONJUNCTION WITH ROADWAY REPAVING 9 of 14 74 of 214 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. CITY OF SEBASTIAN, FLORIDA Initials tMA%L ITB 23-15, CITYWIDE SWALE IMPROVEMENTS IN CONJUNCTION WITH ROADWAY REPAVING 10 of 14 75 of 214 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, CITY OF SEBASTIAN, FLORIDA InitIalS ITB 23-15, CITYWIDE SWALE IMPROVEMENTS IN CONJUNCTION WITH ROADWAY REPAVING 11 of 14 76 of 214 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. 95 of 214 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. 96 of 214 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. 97 of 214 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 106 of 214 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 =my1 I $"9 aoolr4n a1T.ir qua seas 0) \ AM Poe pa XIVMA o�/iar� I — or cans 3= Po. um) 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 QsdllyuLi LEMG1/1 TF 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 t� O N_ Page 1 of 1 A Effeewe Data Of Apprni.%nl January Data Printed: 12101 f2023 5:10:05PM by PaesCommend WebID-10579 — — � I.70TH filRRIST _s•>4•' / iw f L-•+>------—— — — — — ——- — — — — — — —r-'�•-L-�••S — �� f�J � � •cr r V. _ M 47 ... ;: ,:' - —fit'!} ._.. ...'lr�•.�,•.—�'— T ii--_ ._ 3 -'� INDIANRIVER SURVEY INC. """°"5 °"'v r •cti••a � �•:n •n.+rn . PROFESSIONAL SUR6EYINGANDMAPPING �. ii" �0.. ,,; T,o,,,on,,,u:• w"n•� °C'� ZFRTIFICATE OFAUTHORI%ATION h., IA 7545 x6lSTAM r1329a0 1515 7(R7i SfREhT, VF.RO REACH. 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OF sr� aswt pnuo wswsvw SEBASTIAN (1 M 11 00IA1 100 1/11 1�11 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