HomeMy WebLinkAbout09142005
01Y OF
HOME OF PEUCAN ISLAND
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, SEPTEMBER 14, 2005 -7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK
1225 MAIN STREET. SEBASTIAN. FLORIDA
Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE LED BY VICE-MAYOR BURKEEN
3. INVOCATION BY REV. SID COLLISON, FIRST BAPTIST CHURCH OF
SEBASTIAN
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon a unanimous vote of City Council members
(R-05-26)
6. PROCLAMATIONS. ANNOUNCEMENTS. PRESENTATIONS
05.85
A.
Certificates of Appreciation to Citizens Budget Review Advisory
Committee Members: AI Paternoster, Ed Seeley, Richard Smith,
Ken Albrecht
05.117
B.
Nancy Madsen and Ray Coniglio - American Cancer Society
7. CONSENT AGENDA
All ilems 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.
1-15
A.
Approval of Minutes - Regular Meeting 8/24/05
17-19
B.
Approval of Minutes - Special Meeting 9/2/05
8. COMMITTEE REPORTS/RECOMMENDATIONS
A. Tree & Landscape Advisorv Board
05.181
21-22
05.70
23-35
05.14
37-44
05.019
45-55
i.
Invitation & Request Regarding Tree Clinic (invite)
B.
Code Enforcement Board One Position
(City Clerk Transmittal 9/6/05, Code, Application, Ad, List)
i. Interview Unless Waived, and Submit Nominations to Fill:
a. One Alternate Member Position to Expire 4/1/2006
C.
Construction Board One Position
(City Clerk Transmittal 8/30/05, Code, Application, Ad, List)
I. Interview, Unless Waived, and Submit Nomination to Fill:
a. One Regular Member Position to Expire 9/30/08(Concerned
Citizen)
D.
Temporarv Environmental Advisorv Board Two Positions
(City Clerk Transmittal 8/30/05, Code, Applications, Ad, List)
I. Interview, Unless Waived, and Submit Nominations to Fill:
a. Two Alternate Member Positions to Expire 8/2008
9. PUBLIC HEARING - none.
10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Item that has occurred or was discovered within the previous six months which is not otherwise on the
agenda
11. OLD BUSINESS
12. NEW BUSINESS
05.182
57-60
A.
05.188
61-63
Authorize the Sebastian River Art Club Show at Riverview Park on
10/15/05, 11/19/05, 12/10/05, 1/21/06,2/25/06,2/26/06,3/18/06 & 4/8/06
from 10:00 am to 4:00 pm and 50% Reduction in Application Fee -
Authorize Show Rain Dates for 10/16/05,11/20/05, 12/11/05, 1/23/06,
3/19/06 & 4/9/06 from 12:00 noon to 4:30 pm (Public Works Transmittal
917105, List, Info)
B.
Authorize Comprehensive Plan Professional Services Agreement
Amendment with the lIer Group, Inc. in the Amount of $20,473.00 (GMD
Transmittal)
2
05.183
65-88
05.185
89-93
05.017
95-112
05.032
113-117
05.032
119-133
05.186
135-137
C.
Award Contract to Preferred Governmental Insurance Trust in the Amount
of $145,548.00 for the 2005/06 Property, Casualty and Liability Insurance
Program and Authorize Staff to Execute Same (Finance Transmittal
9/2/05, Exhibits A & B)
D.
Resolution No. R-05-35 - Fischer Lake Island Phase Seven Final Plat
(Growth Management Transmittal 9/7/05, R-03-35, Application, Plat
Under Separate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT
FOR A SUBDIVISION KNOWN AS FISCHER LAKE ISLAND, PHASE SEVEN; PROVIDING
FOR CONFLICTS AND EFFECTIVE DATE.
E.
Resolution No. R-05-36 - Sebastian River Landings Phase Two
Final Plat (Growth Management Transmittal 9/7/05, R-03-36,
Application, Performance Bonds, Non-Monotonous Map, Plat Under
Separate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT
FOR A SUBDIVISION KNOWN AS SEBASTIAN RIVER LANDING PHASE TWO; PROVIDING
FOR CONFLICTS AND EFFECTIVE DATE.
F.
G.
Developers Agreement Powerline Road
Resolution No. R-05-37 - Ashbury Subdivision Final Plat (Growth
Management Transmittal 917/05, R-03-36, Application, Performance
Bonds, Non-Monotonous Map, Plat Under Separate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR
A SUBDIVISION KNOWN AS ASHBURY SUBDIVISION; PROVIDING FOR CONFLICTS AND
EFFECTIVE DATE.
H.
First Reading of Ordinance No. 0-05-19 - Eminent Domain - Place
Referendum Question on March Ballot - Set Public Hearing and Final
Adoption for 10/12/05
13. CITY ATTORNEY MATTERS
14. CITY MANAGER MATTERS
15. CITY CLERK MATTERS
3
16. CITY COUNCIL MATTERS
A.
S.
C.
D.
E.
Mr. Burkeen
Ms. Coy
Ms. Monier
Mr. Neglia
Mayor McCollum
i. Endorsement of Historic Fish House
05.187
17. ADJOURN (All meetings shall adjourn at 10:30 pm unless extended for up to one half hour by a majority vote of City
Council)
HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS
FOR ALL GOVERNMENT MEETINGS.
Regular City Council Meetings are Scheduled for Live Broadcast on Comcast Channel 25
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MA ITER CONSIDERED AT
THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THA T A VERBA TIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
IN COMPUANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST
48 HOURS /N ADVANCE OF THIS MEETING.
UDoomina Meetinas:
Seplember 20, 2005 2'" FY05lO6 Budget Public Hearing
September 28, 2005 - 7:00 p.m. - Regular Council
October 12, 2005 - 7:00 p.m. - Regular Council
October 26, 2005 - 7:00 p.m. - Regular Council
November 16. 2005 - 7:00 p.m. - Regular Council
December 14, 2005 - 7:00 p.m. - Regular Council
4
arrOF
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, AUGUST 24,2005 -7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. The Mayor called the regular meeting to order at 7:00 p.m.
2. Mayor McCollum led the Pledge of Allegiance.
3. A moment of silence was held.
4. ROLL CALL
City Council Present:
Mayor Nathan McCollum
Vice-Mayor Brian Burkeen
Council Member Andrea Coy
Council Member Lisanne Monier
Council Member Sal Neglia
Staff Present:
City Manager, AI Minner
City Attorney, Rich Stringer
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
MIS Systems Analyst, Barbara Brooke
Airport Director, Jason Milewski
Growth Management Manager, Jan King
Zoning Technician, Dorri Bosworth
Public Works Director, Terry Hill
co
Regular City Council Meeting
Augus124,2005
Page Two
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon a unanimous vote of City Council members
(R-05-26)
The City Manager requested 12H regarding insurance be moved to 12A 1.
On MOTION by Ms. Coy and SECOND by Mr. Burkeen the item was moved as
requested on a voice vote of 5-0.
6. PROCLAMATIONS. ANNOUNCEMENTS. PRESENTATIONS
05.168
A.
Certificate of Appreciation to Marsha Fusco for Tree Board Service
Ms. Fusco was not present.
7. 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.
1-11
13-21
23-25
A.
Approval of Minutes - Regular Meeting 8/10/05
B.
Approval of Minutes - Workshop Meeting 8/16/05
C.
Waive Sealed Bid Procedures and Award Contract to Curt Oxford
Woodcarver, Inc. in the Amount of $13,000 for Friendship Park and
Police Department Signs (City Manager Transmittal 8/17/05. Quote)
On a MOTION by Ms. Monier and SECOND by Neglia items A-C were
approved on a roll call vote of 5-0.
8. COMMITTEE REPORTS/RECOMMENDATIONS - none.
05.055
27-48
A.
9. PUBLIC HEARING
o
Quasi-Judicial Public Hearing - Resolution No. R-05-27 Approving a
Preliminary Plat for Turtle Grove Subdivision - Continued from July 13,
2005 (GMD Transmittal, Plans, R-05-27, Map, Report, Application,
Minutes)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY
PLAT FOR A SUBDIVISION KNOWN AS TURTLE GROVE; PROVIDING FOR CONFLICTS
HEREWITH; PROVIDING FOR EFFECTIVE DATE. Press Joumal8/13/05
2
Regular City Council Meeting
August 24, 2005
Page Three
The City Attorney noted the revised resolution and plat included a new
seal date; 40' setback from the flood plain; improvements to Laconia
Street; type A opaque buffer with one canopy tree every 35'; tortoise
provisions; and gate provisions.
He also noted that St. Johns will not process the application until the
developer has final approval from Council.
Because concerned parties were previously sworn in at the July meeting,
no parties took the oath at this time.
There was no additional ex-parte communication to be disclosed.
Joe Schulke, Schulke, Bittle & Stoddard, LLC, representing Wayne
Kozlowski, distributed new materials to City Council (see attached), which
were sections of the new plat, exhibited the sections on the screen, and
explained them to Council.
Ms. Coy read the City Attorney's language as set out in the resolution
relative to gopher tortoise relocation, and requested that this be included
as written on the plat.
John Miklos, Biotech Engineering, explained the method of identifying and
determining numbers of gopher tortoises on site, testing for illness and
relocation. It was noted that Steve Lau from the Florida Fish and Wildlife
Conservation would participate in the relocation.
Ms. Coy was excused from 7:25 p.m. to 7:33 p.m.
The City Attorney explained because of the canopy of oak trees, only one
every 35' would be ideal.
It was noted that this development did not meet the threshold for a traffic
study.
Mayor McCollum said he thought a gated community in this part of
Sebastian was not compatible.
The City Attorney said the cleanest way to prohibit gates is for Council to
accept the roads as public roads.
(:~~\)
3~
Regular City Council Meeting
Augusl24, 2005
Page Four
Mr. Burkeen said he agreed that a gated community would take away from
the area, said he had received numerous phone calls about the two-Ianing
of Laconia, he said people want to retain Laconia as one-way but allow
them to two-lane to their entrance. He said he appreciated the buffer on
Laconia.
John Krasewski, 1699 Whitmore Street, Sebastian, said he is impressed
with the subdivision, and knows and admires Mr. Schulke. He said he
listened to staff presentations and that Planning and Zoning approved this
by unanimous vote. He said he was disturbed at some comments made
by Council about not needing gated communities, and said there had been
no adjacent property owners who objected the project at any meetings
regarding this issue.
Bruce Barkett, Attorney, representing Mr. Kozlowski cited recommendations
set out in the staff report included in the agenda packet, which state that all
proposals are consistent with City code. He noted there is no published
criteria prohibiting gated communities, therefore Council does not have the
ability to deny the request based on the gate, asked that Council apply the
rules consistently, and noted there are other gated developments in the City.
Louise Kautenberg, Sebastian, asked why Council would not allow this
private citizen to use his private property in a way allowed by law given
recent eminent domain considerations.
Eugene Wolf, 757 Wimbrow Drive, stated the Mayor and Vice Mayor live
near this property on Laconia Street, and citizens are seeing an alternative
agenda by these members. He said Laconia logically needs to be
widened and used as a north south route rather than narrowed as
recommended by them. He suggested the Mayor and Vice Mayor recuse
themselves from this project.
Mr. Schulke said he had no response to any concerns.
Bruce Barkett stated he hoped the Mayor and Vice-Mayor would not
recuse themselves and asked for the record, to name some recently
approved gated communities.
The Zoning Technician cited the following subdivisions that have been
approved with gates: River Oaks Preserve, Cross Creek Phase I,
Ashbury, Sebastian River Landings Phase I & II, Sebastian Crossings and
Collier Club.
@
4
Regular City Council Meeting
August 24, 2005
Page Five
Mr. Neglia said Council has never said it would deny the project if it was
gated.
Ms. Monier asked if the gates can be designed so that a pedestrian can
walk through the community.
Bruce Barkett, said the applicant told him that could be done.
In response to Mr. Wolf, the City Attomey cited Florida law and asked the
following question:
"Do you feel denial or approval of this will result in a direct and special
pecuniary advantage or disadvantage to you."
Mayor McCollum and Vice Mayor Burkeen said they had no reason to
recuse themselves.
The City Attorney added "in conflict herewith specifically R-03-54" in the
conflict provision; and cited LDC code allowing the City to own the street
and provide the maintenance.
Mayor McCollum stated the applicant previously said the gates did not
need to be there, that Mr. Wolf has not attended an MPO meeting, and
that there are environmental concerns about Laconia extension, and
asked Mr. Wolf to be accurate with what he says if he is going to quote
him.
Side II, Tape I, 8:01 pm
Vice Mayor Burkeen said he never voted for gated communities and does
not like them. He said his phone does ring and people do object to this
development, and will vote not to two-lane Laconia Street.
Ms. Coy apologized for leaving, stated publicly that she did not approve
any of the annexations last year, does not like gates, but is more
concerned for environmental issues and was pleased with the changes
that have been made. She expressed her appreciation to Mr. Schulke for
working with the City.
Mr. Neglia said he did not like gated communities but can go either way.
He said people don't mind gated communities along major thoroughfares
but not within the other residential areas.
0)
Regular City Council Meeting
August 24, 2005
Page Six
Ms. Monier said it is not her job to sit here and express personal feelings,
appreciated that the applicant would open up the roads to pedestrians,
and said she could not ask taxpayers to pay for roads that they don't need
to pay for.
Mayor McCollum said the City pays for removal of debris out of gated
communities.
Ms. Monier said in a disaster she hopes citizens all stick together in an
emergency and emergency issues should not be brought up.
On MOTION by Ms. Monier, and SECOND by Mr. Neglia, Council
approved Resolution No. R-05-27 with the addition of oak trees, putting
R-03-54 in the conflict provision; the gates be opened to pedestrians,
change wording on plat to match the resolution in section C.
Mr. Burkeen asked to add language to allow two way to their entrance and
then leave the rest of Laconia one-way, however the request was not
added to the motion.
The roll call vote was 3-2. (McCollum, Burkeen-nay)
05.016
49-75
B.
Second Readinq and Final Adoption - Ordinance No. 0-05-04 - Petition
for Voluntary Annexation - 25.55 Acre Addition to Cross Creek Subdivision
(GMD Transmittal 8/17/05. 0-05-04, Letter, Maps, Minutes, Aqreement,
Efu
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY
ANNEXATION OF LAND CONSISTING OF 25.55 ACRES, MORE OR LESS, LOCATED NEAR
POWERLlNE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK SUBDIVISION
PHASE II; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING
FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-05-04 by title and Mayor
McCollum opened the public hearing at 8:27 p.m.
The Growth Management Manager presented staff recommendation for
approval.
Attorney Warren Dill, representing applicant, Henry Fischer, addressed
Council recommending approval of the annexation.
Mayor McCollum closed the hearing at 8:30 p.m.
w
6
Regular City Council Meeting
August 24, 2005
Page Seven
In response to Mr. Neglia, Bruce Moia, MVB Engineering, Inc., engineer
for the applicant, stated Powerline Road would be paved to County
standards.
The City Attorney said the County would take ownership of the road after
all eminent domain proceedings are finished.
On MOTION by Ms. Monier and SECOND by Mr. Burkeen Ordinance No.
0-05-04 was adopted on a roll call vote of 3-2 (Neglia, Coy - nay)
05.016
77-122
C.
Second Readinq and Final Adoption - Ordinance No. 0-05-05 Land Use
Amendment - 25.5-Acre Addition to the Recentlv Annexed Cross Creek
Subdivision (GMD Transmittal 8/17/05, 0-05-05, Map, Reports. Response.
Recommendation, Application)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENOMENT TO
THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE
CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR
COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE (R) FOR LAND
CONSISTING OF 25 ACRES, MORE OR LESS, LOCATED WEST AND ADJACENT TO CROSS
CREEK LAKE ESTATES ALONG POWERLlNE ROAD SOUTH OF BARBER STREET KNOWN AS
CROSS CREEK ADDITION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-05-05 by title and Mayor
McCollum opened the public hearing at 8:40 p.m.
The Growth Management Manager said previous Council concerns of the
DCA report have been addressed by Project Engineer, Mr. Moia, which
were included in the agenda packet.
Mr. Dill pointed out that this project was submitted to DCA with two other
40-acre projects which have since dropped out and the 25 acres is of little
impact.
Mayor McCollum closed the hearing at 8:42 p.m.
Mr. Burkeen asked if the DEP letter on circle page 94 only applied to
Cypress Bend and the City Attorney replied it did.
In response to Ms. Coy, the Zoning Technician said the County sets the
water service areas and Mr. Moia confirmed the County has no plans for
wal., ."",,",ioo 10 thi, e"". 0)
7
Regular City Council Meeting
August 24, 2005
Page Eight
Mr. Neglia asked about DOT concerns and Mr. Moia stated the link
analysis indicates these roads will handle the full capacity.
On MOTION by Ms. Monier, and SECOND by Mr. Burkeen, Ordinance
No. 0-05-05 was approved on a roll call vote of 3-2 (Neglia, Coy - nay)
05.016
127-144
D.
Second Readino and Final Adoption - Ordinance No. 0-05-06 - Rezoninq
Request from Aqriculture (A-1) to RS-10 for a Proposed 25.55 Acre Addition
to Cross Creek Subdivision (GMD Transmittal 8/17/05, Report, Minutes,
Recommendation, Map, Application)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING
CLASSIFICATION OF RESIDENTIAL SINGLE-FAMILY (RS-10) FOR ANNEXED LAND WITH A
PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE ( R) FOR
LAND CONSISTING OF 25.55 ACRES, MORE OR LESS, LOCATED NEAR POWERLlNE ROAD
SOUTH OF BARBER STREET AND KNOWN AS CROSS CREEK SUBDIVISION PHASE II,
PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-05-06 by title and Mayor
McCollum opened the hearing at 8:52 p.m.
There was no ex-parte communications to be disclosed.
City Clerk swore in all who intended to offer factual testimony.
Attorney Warren Dill addressed City Council on behalf of the applicant.
In response to traffic and infrastructure concerns, Mr. Moia said 5 units per
acre could be placed on this land but the applicant plans less than two
units per acre.
The Growth Management Manager described the development and
recommended approval.
Discussion took place on proposed lot sizes and height limitations.
Being no one in favor or opposed, Mayor McCollum closed the hearing at
9:00 p.m.
~
On MOTION by Ms. Monier and SECOND by Mr. Burkeen Ordinance No.
0-05-06 was adopted on a roll call vote of 4-1 (Neglia - nay)
8
Regular City Council Meeting
August 24, 2005
Page Nine
05.005
145-147
E.
Second Readinq and Final Adoption - Ordinance No. 0-05-16 -
Stormwater Utility Amendment (City Manaqer Transmittal 8/16/05, 0-05-
ill
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF
ORDINANCES SECTION 102-127 STORMWATER UTILITY TRUST FUND; USE OF FUNDS;
PROYIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. Press Journal 8112105
The City Attorney read the Ordinance by title and Mayor McCollum
opened the public hearing at 9:03 p.m. There was no input, and the
hearing was closed.
05.159
149-151
F.
On MOTION by Ms. Coy and SECOND by Mr. Burkeen, Ordinance No.
0-05-17 was adopted on a roll call vote of 5-0.
Second Readinq and Final Adoption - Ordinance No. 0-05-17 -
Declaration of a Public Need for Land Exchanqe at 1302 Indian River
Drive Adiacent to Main Street Boat Ramp (City Manaqer Transmittal
8/16/05, 0-05-17)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DECLARING A PUBLIC NEED FOR
A LAND SWAP AT MAIN STREET BOAT RAMP; AUTHORIZING EXCHANGE OF SAID LANDS;
PROVIDING FOR AN EFFECTIVE DATE. Press Journal 8/12/05
The City Attorney read the Ordinance by title and Mayor McCollum
opened the public hearing at 9:05 pm. There was no input, and the
hearing was closed.
10.
On MOTION by Ms. Coy and SECOND by Ms. Monier, Ordinance No.
0-05-17 was adopted on a roll call vote of 5-0.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Item that has occurred or was discovered within the previous six months which is not otherwise on the
agenda
Sidell, Tape I
Louise Kautenberg, read today's newspaper articles and reported on her
concerns about high housing prices, high taxes and the inability of average
workers to be able to purchase homes in Sebastian. She said every time Council
says no to a project, it tweaks the law of supply and demand, and acts politically
by limiting development when it should act in the best interest of all of the people,
the cost of homes rise. She said strip malls within housing areas do not help the
situation. She stated affordable housing, good employment, a healthy economy
and a healthy community is needed to complete the circle of life and without one
the circle will fail.
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9
Regular City Council Meeting
August 24, 2005
Page Ten
11. OLD BUSINESS
None.
12. NEW BUSINESS
05.175 A.1 (H) Authorize the Award of Employee Group Health and Dental Contract
239-260 Insurance to Blue Cross and Blue Shield of Florida: Authorize the
Renewal of Employee Vision Coveraoe to Vision Care Plan: Authorize the
Renewal of Employee Life and Lono-Term Disability Insurance throuoh
Jefferson Pilot Financial (HR Transmittal 8/16/05, Recommendations)
The Human Resources Director introduced Kris Gehring and Christian
Bergstrom of the Gehring Group, the City's Agent of Record.
Mr. Gehring noted additional information, which had been provided (on file
in Office of City Clerk), and presented a Power Point presentation, and
recommended switching to the Blue Cross Blue Shield Blue Option plan.
The City Manager explained that the $331,000 savings is from the current
plan and $550,000 is from the budgeted level.
On MOTION by Ms. Monier, and SECOND by Mr. Neglia Council
authorized the Blue Cross/Blue Shield of Florida and renewed the group
health and dental contract for vision through Vision Care Plan and Long
Term Disability Insurance through Jefferson Pilot Financial with an
increase capped at $1 ,800 annual to Jefferson Pilot Financial for Life
Insurance on a roll call vote of 5-0.
05.032
153-157
A.
Developer's Aqreement - Ashburv/Powerline Road (City Attorney
Transmittal 8/16/05)
The City Attorney described the developer's agreement and stated this
does have written language whereby approval of Clark to the escrow
agent authorizes disbursement of payment which could be changed to
'upon written instructions both parties and if there is a conflict, the monies
is deposited with the court' if Council deemed fit.
(j?J
10
Regular City Council Meeting
August24,2005
Page Eleven
Ms. Coy said she had reviewed the tape of the June 2nd, 2004 meeting,
and she heard 50% of the unpaved portion, and 15% of the remainder of
the road. She then asked if the cost of the road had been updated. She
asked that the issue be tabled to allow Council to watch the video and
make sure the agreement is as stated and that costs are upgraded.
On MOTION by Ms. Coy and SECOND by Mr. Burkeen the item was
tabled until staff at its discretion can ascertain that these issues can be
resolved on a voice vote of 4-1. (Monier -nay)
05.169
159.167
B.
Drainaae Easement for Publix at CR51 0 and Sebastian Blvd. (City
Attorney Transmittal 8/16/05)
The City Attorney said he was concerned about private use of public right-
of-way, and had brought it to Council since it is only in Council's authority
to approve use of public right-of-way.
Bruce Moia, engineer for the applicant stated the design provides for
upgraded drainage and an increased buffer.
Timothy Jelus, 1682 West Hibiscus Blvd., Melbourne, Florida, said he had
asked for an upgraded rear buffer to screen the back of the Publix from his
residential development to the north; and he has no objection to the
proposed Publix. He said he had no problem with putting it in writing
however he asked that his appearance requesting buffer for the residents
act as the record. The City Attorney asked Mr. Jelus to state that Forte
Macaulay would not sue the City for allowing this drainage in the right-of-
way. Mr. Jelus agreed and added as an owner of Sebastian River
Landings, LLC, they would not sue either.
The City Attorney said the legal and utility plan have to be attached to the
agreement. He defined "good faith" that even in a judgment call the City
has the legal right to use the easement. .
Ms. Coy said she had a problem in giving up easements because Council
has not been doing that. She asked if the City did take it back where
would the drainage go. The City Attorney said even without the easement
they could meet their drainage requirements however this plan would
further protect run-off to the Sebastian River.
G
11
Regular City Council Meeling
Augusl24, 2005
Page Twelve
On MOTION by Mr. Neglia and SECOND by Ms. Monier the easement
request was approved on a roll call vote of 5-0.
05.170
169-192
C.
Resolution No. R-05-30 AuthorizinQ Staff to Execute a Grant Aareement
between the City of Sebastian and Florida Department of Transportation
Entitled "Install Airfield SiQnaQe and LiQhtina" in the Amount of $30,000
(Airport Transmittal 8/15/05, R-05-30. Aareement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT
PARTICIPATION AGREEMENT WITH FOOT TO PROVIDE FUNDING FOR AIRFIELD SIGNAGE
AND LIGHTING; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE.
It was noted that the amount in the title above should be $300,000.
The Airport Director presented the request assuring Council that the
project would still have to be bid, and stating airport contingency is over
$100,000. The City Manager said $102,000.
On MOTION by Mr. Burkeen and SECOND by Ms. Coy R-05-30 was
adopted on a roll call vote of 5-0.
05.171
193-216
D.
Resolution No. R-05-31 AuthorizinQ Staff to Execute a Grant Aareement
between the City of Sebastian and Florida Department of Transportation
"Construct HanQars" in the Amount of $625.000 (Airport Transmittal
8/15/05, R-05-31, Aareement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT
PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING TO CONSTRUCT
HANGARS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE.
The Airport Director presented the request and cited the high demand for
hangars. He said he will be coming back with a proposal for a publici
private partnership; and that this is to simply accept the grant at this time.
On MOTION by Mr. Neglia and SECOND by Mr. Burkeen R-05-31 was
adopted on a roll call vote of 5-0.
@
12
Regular City Council Meeting
August24,2005
Page Thirteen
05.172
217-231
E.
Authorize Special Event - T-N-T Events Arts & Crafts Show at Riverview
Park on February 11 & 12. 2006 with Set-up on February 10, 2006 (PW
Transmittal 8/16/05, Application, Insurance Certificate. Info)
Tina Branford said she was from Ocala and has only been in business on
the East Coast for two years.
Ms. Monier said since the City has finally established a successful art
show after several years, and because each weekend there are art or craft
show, there might be too many with this one. She recommended approval
only if it is a charitable organization occurring during the period of
November through April and it is something that is different than what the
City already has, otherwise Ms. Branford should wait until after April.
Mayor McCollum echoed her thoughts and said Council does not typically
approve for-profit events.
The City Manager said if Council is inclined to deny the request, then he
asked that staff rearrange the event appropriately.
Discussion took place on the need to revise provisions of park use and
fees and it was noted there is a draft revision, which can be reviewed and
brought back to Council.
Side II. Tape II. 10:10 pm
On MOTION by Ms. Monier and SECOND by Mr. Neglia the request was
denied on a roll call vote of 5-0.
05.173
233-235
F.
Authorize Special Event - KIRB Fall Craft Festival at Riverview Park on
September 10 & 11. 2005 from 10 am to 5 pm (PW Transmittal 8/12/06.
Application)
Sherri Hamlin, Executive Director of KIRB, presented the request for
KIRB.
Ms. Monier said if KIRB organized this event instead of a broker, it could
make more money, and would prevent organizations from profiting from
the low rental cost of the Park.
Mayor McCollum said if there is something planned for the September 11,
2005 memorial he asked that the event would stop during the memorial. ~~--
~~
13
Regular City Council Meeting
August 24, 2005
Page Fourteen
05.174
237- 238
05.176
261-265
05.179
267-268
@
Ms. Coy said there are other areas that can be used for a memorial such
as the VFW.
On MOTION by Ms. Monier and SECOND by Ms. Coy the KIRB Fall Craft
Festival was approved on a roll call vote of 5-0.
G.
Authorize the Award of Workers' Compensation Insurance Contract
(Option 1) to Florida Municipal Insurance Trust for One Year at a Premium
of $238,554.00 (HR Transmittal 8/16/05, Exhibit A)
The Human Resources Director presented the request.
On MOTION by Mr. Burkeen and SECOND by Ms. Coy, the workers'
compensation insurance contract (option 1) to Florida Municipal Insurance
Trust was approved for one year term on a roll call vote of 5-0.
I.
Waive Sealed Bid Procedures and Authorize the Appropriation of
$7,774.00 from the Discretionary Sales Tax Fund for the Purchase of
Video Mixer from Troxell Communications, Inc. for Sebastian Channel 25
Broadcastinq (Finance/MIS Transmittal 8/17/05, Quotes)
The City Manager said there is discretionary sales tax money available.
On MOTION by Ms. Coy and SECOND by Ms. Monier the appropriation and
purchase was approved on a roll call vote of 5-0.
13. CITY ATTORNEY MATTERS
The City Attorney reported that the revision of the tree and landscape language
would be delayed due to additional input.
14. CITY MANAGER MATTERS
None.
15. CITY CLERK MATTERS
A.
Earlv Votinq for March Election
On MOTION by Ms. Monier and SECOND by Ms. Coy Council decided to have
early voting in March 2006 on a voice vote of 5-0.
14
Regular City Council Meeting
August 24, 2005
Page Fifteen
16. CITY COUNCIL MATTERS
A. Mayor McCollum
None.
B. Mr. Burkeen
None.
C. Ms. COy
Reported the packet to nominate Sally Maio for Clerk of the Year went out the
Florida League of Cities yesterday.
Ms. Coy said there are people in the audience who wrote a letter to Council
regarding Ms. Coy's actions on their watering inappropriately and invited them to
speak. The woman who sent the letter read it into the record (see attached).
On MOTION by Ms. Coy and SECOND by Mr. Neglia, the meeting was
extended for five minutes on a voice vote of 5-0.
In response to Ms. Coy, the City Attorney cited section 102-81, "However air
conditioning systems utilizing water source heat pumps shall be permitted to
utilize the discharge water of said system for irrigation purposes at any time
notwithstanding any provision of this article to the contrary."
Ms. Coy expressed concern for runoff into the street.
D. Ms. Monier
None.
E. Mr. Neolia
None.
17. Being no further business, the regular meeting adjourned at 10:36 p.m.
Approved at the September 14, 2005 Regular City Council Meeting.
ATTEST:
Nathan B. McCollum, Mayor
Sally A. Maio, MMC - City Clerk
@
15
(jf)
-
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
AGENDA
SPECIAL MEETING
FRIDAY, SEPTEMBER 2, 2005 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
JndMduals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council
1. The Mayor called the special meeting to order at 6:03 p.m.
2. The Pledge of Allegiance was recited.
3. ROLL CALL
The Mayor explained that purpose of the meeting was to discuss efforts at a
public forum and a roll call was not taken. Council Members present included
Mayor McCollum, Vice-Mayor Burkeen, Council Member Coy and Council
Member Neglia.
Staff included AI Minner, City Manager; Rich Stringer, City Attorney; Jeanette
Williams, Deputy City Clerk; Barbara Brooke, MIS System Analyst.
4. DISCUSS CITY SPONSERED HURRICANE KATRINA RELIEF EFFORTS
Damien Gilliams, 1623 U.S. 1, commended Council for the meeting and
requested a resolution expressing support and $100,000 for the victims.
Sherry Sprak, Realtor, Realty King, Inc. stated they have been collecting
donations and supplies, which totaled $12,000 and planned to deliver the
supplies the next morning. Ms. Sprak requested a diesel fuel donation from the
City so that the vehicles would have gas to return home.
The Mayor pointed out the following entities that provided Sebastian with
assistance after Hurricane Jeanne and Frances of last year:
-Airmen and their families from Kessler Air Force Base which
headquarters the reconnaissance planes that fly into hurricanes
-Orleans Power District Company who helped to restore power
-Army Corp of Engineer Corpmen who put tarps on City homes
were from the devastated area
-northern gulf states law enforcement personnel
@
Special City Council Meeting
September 2, 2005
Page Two
@
The Mayor stated that the City must remain sound in case a hurricane disaster
should happen to the City and reminded that the relief process will take a long
time and there will be opportunities to provide assistance.
Mayor McCollum requested the City Manager allocate funding so that the police
department can help if needed.
Mr. Burkeen commended the realtors and stated money would go further than
supplies at this time. He suggested bringing an allocation number back in
October/November and donating surplus vehicles.
Ms. Coy supported the diesel fuel request and encouraged everyone to help.
Mr. Neglia asked if the Clambake proceeds could be donated and the City
Attomey stated that the Clambake Foundation by-laws would have to be
changed.
The Mayor commented that money donations are better than supplies at this
point because roads have been damaged. He also stated clothes and furniture
become debris problems during these disasters. He advised citizens to look at
the approved charities listed on the FEMA.GOV website.
On a MOTION by Mayor McCollum and a SECOND by Mr. Neglia, the fuel
request was approved for the realtors, the City Manager was granted authority to
provide mutual aid as needed and City personnel would not have any out-of-
pocket expenses by a roll call vote of 4-0. (Monier-absent)
The Mayor suggested the authorization of an emergency spending amount as
deemed necessary by the Mayor and City Manager to eliminate the need of
another special meeting. He requested the limit be capped at $5,000.00 and
this would be in effect until the September 14th meeting.
On a MOTION by Mayor McCollum and a SECOND by Ms. Coy, any expense
deemed necessary by the Mayor and City Manager up to $5,000.00 is authorized
by a roll call vote of 4-0. (Monier-absent)
The City Manager stated the paid expenses would be reported back to Council at
the budget hearing.
Ms. Coy requested the City make a small donation of $2,500.00 to the American
Red Cross and $2,500.00 to the Salvation Army.
2
Special City Council Meeting
September 2, 2005
Page Three
On a motion by Ms. Coy and SECOND by Mayor McCollum, the donation of
$2,500.00 each to the American Red Cross and Salvation Army was approved by
a roll call vote of 4-0. (Monier-absent)
In response to Mr. Burkeen, the City Manager stated the donation would come
from the contingency account-general fund.
The City Attomey stated that a number of communities similar to the size of
Sebastian, some fishing communities, were affected, and perhaps the City could
help those such as Bay St. Louis or Ocean Springs. It was suggested that
Sebastian might adopt a sister city.
5. Being no further business, the special meeting adjourned at 6:44 p.m.
Approved at the
City Council Meeting.
Nathan B. McCollum, Mayor
ATTEST:
Sally A. Maio, MMC - City Clerk
@
3
(:;.() .~~)
v
Dear Fellow Gardeners and Tree Enthusiasts:
The Sebastian Tree and Landscape Advisory Board will be holding its
First Annual Tree Clinic:
The event is scheduled for: October 22, 2005
Time .: 9:00 AM
Location: directly behind (our beautiful new City Hall)
Guests Speakers: Dale Armstrong Forester
Dan Culbert Okeechobee County Cooperative Extension Director
Larry Vickers Certified Arborist
Master Gardeners Booth: complete with volunteer master gardeners who will
provide brochures and answer questions.
The topics for discussion will be Champion Trees, tree care, tree selection, proper
trimming techniques will be discussed and demonstrated.
How to Measure a Champion Tree!!!!
Come out have a cup of coffee, etc. say hello bring a friend or two and
spend a wonderful fun filled and informative day with us.
The City of Sebastian and the Tree Advisory Board Cordially invite you!!!!
Refreshments
Door Prizes
With the new Landscape Ordinances soon to be in effect this is a perfect time
to obtain this important and valuable information.
Get together with other Citizens and friends and get questions answered by
Friendly Master Gardeners.
Rain date: October 23rd noon - SPM
Please help the environment and pass along this letter to as many people that you know! !!
05.18'(
@
,
@
LOOKING FOR CHAMPIONS!
IS THERE A CHAMPION TREE IN YOUR YARD?
FIND OUT AT
SEBASTIAN TREE CLINIC
OCTOBER 22, 2005
BEHIND CITY KALL
*SPE~RS:
COUNTY AGRICULTURE AGENT
CERTIFIEDARBORIST
STATE FORESTER
9 A.M-IP.M
*REFRESHMENTS AVAILABLE
*MASTERGARDENERS TO ANSWER YOUR
QUESTIONS
*RECOGNITION OF SEBASTIAN'S CHAMPION
TREES
SPONSORED BY
SEBASTIAN TREE AND LANDSCAPE ADVISORY BOARD
AND
THE CITY OF SEBASTIAN
RAIN DATE: 10/~3/2005
NOON-5P.M
A -f}-eAJO I /
/-Jo f"C- c;--. W t i /
. ~
HOME Of PWCAN ISlAND
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
Subject: Vacant Alternate Member
Position on Code Enforcement Board
Agenda No. 05.0 70
Department Origin: City Clerk's Office
Purchasing/Contracting:
Finance Director:
City Attorney: 1l
City Clerk:
.
Date Submitted: 9/6/05
For Agenda of: 9/14/05
Exhibits: Code, Applications, Ad, Board Member List
EXPENDITURE REQUIRED: AMOUNT BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY
There is a vacancy due to Mr. Tetro's resignation. There are two applicants
interested.
RECOMMENDED ACTION
Interview unless waived, and submit nominations to fill the vacant alternate
member position to expire 4/1/2006.
~..~
(p
Page 1 of 1
Jeanette Williams
From: Antoine Vanmeir
Sent: Tuesday, August 09,200511:35 AM
To: Sally Maio
Subject: Ray Tetro
Mr.. Tetro has left the code board due to health reasons and does not wish to send a letter of resignation. Could
you please accept this as notice of resignation for his position on the code enforcement board, and advertise his
position as well ?
Thanks in advance
ANTOINE VAN MEIR
CODE ENFORCEMENT OFFICER
CITY OF SEBASTIAN
589-5233 EXT.8537
@)
9/6/2005
:s v.,r-xv C... OCI.{., ULn't::Wi:lY I.;UUbW:-Ul;L.IUU allu n~palr reguIUt.IUlllS, -~ :::1V-OO el. lSeq.
Sec. 2-179. Membership; composition. .
The boatd shall be composed of seven regular members, and at city council's discretion,up
to two alternate members. All members shall be appointed by the city council and the board
shall consist, whenever possible, of the following:
(1) One architect;
(2) One businessman;
(3) One engineer;
(4) One general contractor;
(5) One realtor;
(6) One subcontractor;
(7). The final member, and alternates if appointed; may be any qualified resident of the
city.
(Code 1980, ~ 2-94(a); Ord. No. 0-93-16, ~ 1, 2"9-94; Ord. No. 0-98-10, ~ I, 11-18-98)
"
State law reference-Similar provisions, F.S. ~ 162.05(2).
Sec. 2.180. Qualifications.
Each regular member appointed to the board shall p-ossess the following minimum
qualifications:
(1) The architect and the engineer shall be registered under the Laws of the State of
Florida regulating the practice of architecture and engineering or shall possess similar
qualifications under the laws of other states or shall have actual experience deemed by
the city council to be equivalent to such registration.
(2) The general contractor ,and the subcontractor shall possess a valid cemficate of
competency and occupational license, recognized and accepted under the Laws of the
State of Florida and the codes of the city, regulating the business of contracting and,
where required, state registration as a bontractor, or shall possess similar qualifica-
tioIls under thelaws of other states, or shall have actual experience deemed by the city
council to be equivalent to such certification.
(3) The realtor shall be licensed under the Laws of the State of Florida licensing real
estate brokers as either a broker or salesman, or shall possess similar qualifications
nnder the laws of other states or shall have actual experience deemed by the city
council to be equivalent to such licensing.
(4) The businessman shall be actively engaged in any lawful business within the city, or
shall be an officer or employee of a business entity holding a current and valid
occupational license issued by the city.
(5) In accordance with section 2-170, each member shall be a resident of the city. If a
member of the board ceases to be a resident of the city, such member shall immediately
notify the city clerk of such occurrence and their membership on the board. shall
terminate automatically and i=ediately.
(Code 1980, ~ 2-94(b); Ord. No. 0-93-16, ~ 1,2-9-94; Ord. No. 0-97-57, ~ 1,9-25-97; Ord. N@)'-;'
0-98-10, ~ 1, 11-18-98) t \)
Sec. 2.181. Terms of office.
(0) ()f"tha. "'P,0'111~.,. WH:nnhAl"R initiRllv RonnintAn to the board:
ARTICLE VI. BOARDS, COMMISSIONS, COMMITTEES*
Page 1 of!
Sec. 2-170. Qualifications. ..itJ'L aft J/oOv'14o.,j. ~f)1'YI/IYlj':J:f.LL,J
U
The primary consideration in appointing board and committee members shall be to
provide the board or committee with the needed technical, professional, financial, business or
administrative expertise. An applicant's previous term as a member or an alternate member of
the board or committee on which there is a vacancy may be given special consideration.
Whenever a current or former member of a board or committee is being considered for
appointment or reappointment to a board, the city council shall consider the number and nature
of the memoranda of conflict previously filed by such individual pursuant to ch. 112, F.S.,
relating to that individual's previous membership on the board or committee for which the
appointment is being considered. All of the members of each board or committee shall be
residents of the city. Additional qualifications may be ordained or be otherwise applicable for a
particular board or committee.
@
http://library.municode.com/ gateway .dll/fI/florida/6782/6794/6800?f=templates$fn=docume... 8/1/2005
HOME OF PEUCAN ISLAND
APPLICATION TO SERVE ON CITY BOARD/COMMITTEE
(All City Board and Committee Members Must be Residents of the City of Sebastian)
NAME: 6ArU:lA,e.A A. 6EC.~
HOME ADDRESS: i'" I BA't' F/2.01...JT -rE:J!l-f-A e-<=
5E' 5.4'5 Ti AN. FL 32-95@
HOME PHONE: 581-,8 bl. HOME FAX: E-MAIL: SLfI<8/M~_,
,
BUSINESS: -
BUSINESS ADDRESS: -
BUSINESS PHONE: - BUSINESS FAX: - E-MAIL: -
ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? Ye-S HOW LONG? 2. '1ea.rs
DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? No
DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE?
WHICH BOARDS/COMMITTEES? JJ ~
PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN
ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1:
CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years - meets next in 2006)
CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary- meets during summer)
)(. CODE ENFORCEMENT BOARD (permanent board - meets once a month)'
COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE (permanent board-meets as needed)
CONSTRUCTION BOARD (permanent board - meets once a month)'
HANDICAPPED SELF-EVALUA nON COMMITTEE (permanent board - meets quarterly)
PLANNING AND ZONING COMMISSION (permanent board - meets twice a month)*
POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* 'r".,:.
PARKS & RECREATION ADVISORY COMMITTEE (permanent board - meets once a month) Co;.
.x;:;:,
TREE & LANDSCAPE ADVISORY BOARD (permanent board - meets once a month) en
OTHER TEMPORARY COMMITTEE (if applicable)
(WRITE IN COMMITTEE NAME) ~
*Filing of financial disclosure is required following appointment II'-)
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APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required)
/2.ESvY>'\€ 14 tt-A-c-o.t. ~
HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR?
\.~ITH ~'l" wolLi<.
l:){ I"GIl.lE"lVC.E", .:c 14 rn 1>=01\ I ~ .:>)'t.'e-.J~Te1:>
LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE:
:J:' !-\A,VE r2.e'-"",,n...,. r<\-K~ ~~ ESr.o\....... c:.<..ASSES
:r:. Am I'\l-WA'l's W,~"u" ora 8~Ab""", 1""''1' ...1\)0.....1-..-0 Gci""
HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? N"
HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL
TURPITUDE IN THIS OR ANY STATE? Nc
WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED
ABOVE? YES
I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize
the City of Sebastian to investigate the truthfuiness of all information which I have provided in this application. I
understand that any misrepresentation or omission of information requested in this application is cause for
disqualification.
I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173
(attached). Information relative to a specific board or committee is available if requested.
~~ 1.. ~
Applicant Signature
Subscribed and
No rba ra,
F'L-. Df.-.
sworn to
Re.cK
before
me
this
}
.
day of ,ce/)j
f
known to me,
OLDOS by
Notary Public, State of Florida
fi~'\ Iwp-formlapplicatwpd
V rev. 112004
who is personally
as identification.
or
has produced
LINDA C. TEAGUE
Notary Public, State of Florida
My comm. expo Nov. 3, 2006
Comm. No. DO 162541
Please return to Clerk's Office, 1225 Main Street, Sebastian, FL 32958
Barbara A. Beck
761 Bayfront Terrace
Sebastian, FL 32958
772-581-7862
WORK IllSTORY
Home Depot, Sebastian, FL 32958
April 2005 - Present
Supervisor: Troy Vincent 772-589-1383
Gracewood Groves, 1626 90th Avenue, Vero Beach, FL 32966
November 2003 - May 2004
Inbound Sales
Supervisor: Mona Field 772-567-1154
Jackson-Hewitt Tax Service, 907 14th Lane, Vero Beach, FL 32960
January 2004 - April 2004
Tax Preparation
Supervisor: Karla Fafeita 772-567-1829
Milwaukee County Transit System, 1942 N. 17th Street, Milwaukee, WI 53201
April 1997 -June 2003
City Bus and Trolley Driver
Supervisor: William Greymont 414-344-4550
EDUCATION
BA, Cardinal Stritch College, Milwaukee, WI
1991
AAS, Milwaukee County Technical College, Milwaukee, WI
1990
CDL, Gateway Technical College, Racine, WI
1991
@
ffiOf
SEBAST~
.~~
HOME OF PEUCAN ISLAND
R=8[I\1[[;)
F SE8t-\-STl.;\N
'c i&F GITY GLEf::'.
"N f"'- ')0 Rm 11 ~"
~~U~ l.,iJ~ Il_d::~t:l
APPLICATION TO SERVE ON CITY BOARD/COMMITTEE
(All City Board and Committee Members Must be Residents of the City of Sebastian)
NAME: c:.! ,
HOME ADDRESS: 7
Q- /1Ie.
~li:-l'" rlofl 11
HOME PHONE: 3 ggz- 9 I
HOME FAX:
BUSINESS:
BUSINESS ADDRESS:
BUSINESS PHONE:
BUSINESS FAX:
E-MAIL:
HOW LONG?
I if- j~Jr}
ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN?
e,-
DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE?
1J
DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE?
WHICH BOARDS/COMMITTEES?
N
PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN
ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1:
~
.!, CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years - meets next in 2006)
CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer)
-2:.-CODE ENFORCEMENT BOARD (permanent board - maets once a month)"
---'t-COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE (permanent board-meets as needed)
CONSTRUCTION BOARD (permanent board - meets once a month)"
HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board - meets quarterly)
2> PLANNING AND ZONING COMMISSION 'permanent board - meets twice a month)"
POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)"
PARKS & RECREATION ADVISORY COMMITTEE (permanent board - meets once a month)
TREE & LANDSCAPE ADVISORY BOARD (permanent b~ard - meets once a month)
OTHER TEMPORARY COMMITTEE Of applicable) , ~ Q
(WRITE COMMITTEE NAME)
*
Filing of financial disclosure is required following appoinbnent
B
APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required)
Gl~~l
HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR?
L +..,./
C!.-Y\ Cf'-{]/-'2A--"1--=-'- -.'
LIST ANY AD ITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITT
-R~
)
CJ
-!.<
.....
;t ~#)n.
HAVE YOU EVER BEEN CONVICTED OF ANY FELONY I THIS OR ANY STATE?'h..o
HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORA~
TURPITUDE IN THIS OR ANY STATE? .
,
WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED
ABOVE?
a.--<< ftt;~
.M
Ihb.r-J___
I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize
the City of Sebastian to investigate the truthfulness of all information which I have provided in this appiication. I
understand that any misrepresentation or omission of information requested in this application is cause for
disqualification.
I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173
(attached). Information relative to a specific board or committee is a able if requested.
me this, 1%.zt" day 0
vvAS ic pi"r[BAally 1m
as identification.
, 4t/~bY
e, or has produced
Iwp-fonnlapplicat. wpd
rev. 112004
ANN \;..I:V;~:';;~:,;tl
MY SO'" '. ':,~iO.. . '.:) 089531
E". .~" ...2008
Boncx.. . ;~,,'VP '.%rwri!ers
._.._--~~
0')
V
Please return to Clerk's Office, 1225 Main Street, Sebastian, FL 32958
~l
RESUME
Clifford W. Valentine
771 Carnation Dr.
Sebastian, Florida 32958
772-388-9179
EDUCATION:
MBA CITY UNIVERSITY, NEW YORK BARUCH SCHOOL: MANAGEMENT AND PUBUC
ACCOUNTING
EMPLOYMENT:
BUSINESS MANAGER, ENGINEERING FIRM 5 YEARS
CONTROLLER CPA FIRM 6 YEARS
GROUP CONTROLLER BIG 6 CPA FIRM 4 YEARS
ETC
VOLUNTARY:
PRESIDENT: LA COSTA HOA 2002
BOARD MEMBER: ARBOR WOOD AT SUMMER TREE 2 YEARS
TREASURER: 3040 CONDO ASSN. 4YRS
VICE PRESIDENT: FORT HAMILTON IDGH SCHOOL STUDENT COUNCIL
HOME OF PELICAN ISLAND
August 10, 2005
PRESS RELEASE
CODE ENFORCEMENT BOARD
THE CllY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL THE
FOllOWING UNEXPIRED POSITION ON THE CODE ENFORCEMENT
BOARD:
. ALTERNATE POSITION, EXPIRING 4/112006
ALL BOARD MEMBERS MUST BE CllY OF SEBASTIAN RESIDENTS.
THIS BOARD MEETS ON THE THIRD WEDNESDAY OF EACH MONTH AT
2:00 PM IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN.
APPLICATIONS ARE AVAILABLE IN THE CllY CLERK'S OFFICE, CllY HALL,
1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND
4:30 PM OR ONLINE AT WNW.CfTYOFSEBASTlAN. ORG. APPUCA T~ONS
WilL BE ACCEPTED THROUGH SEPTEMBER 2, 2005.
###
@
CODE ENFORCEMENT BOARD
MEETS THIRD WEDNESDAY OF MONTH IF HEARING IS NEEDED - 2:00 P.M.
MEMBER NAME POSITION APPOINTMENT CURRENT TERMS
AND ADDRESS HISTORY STATUS COMPLETED
Ed Dodd Engineer Reappointed 8/10/05 Term to
906 Fleming Street Position Took Neglia's expire
Sebastian, FL 32958 engineering position 8/1/2008
388-5440 7/28/04 Term to
Took Manual's expire
Alternate Member 8/1/2005
Position 5/26/04
Carl Anderson Businessman Took Simmons' Term to
774 S. Easy Street Position Regular, expire
Sebastian, Florida Businessman's 3/1/2006
32958 Position 2/25/04
589-4149
Subcontractor Took Ed Seeley' Term to
Fred Clement Position
302 Easy Street Regular Member expire
Sebastian, FL 32958 Position 9/24/2003 2/1/2006
581-0737
Realtor Took Ken Cosco's Term to
Hank Buchanan Position
1101 Landsdowne Dr Regular Member expire
Sebastian, FL 32958 Position 3/9/05 3/1/2008
388-5397
Took Schofield's Term to
Alternate Member expire
Position 1/14/04 4/1/:!OW
2006
Regular Term to
Eva Schofield Member Took Barczyk's expire
1106 Breezy Way #1-C Position Regular Member 3/1/2007
Sebastian, FL 32958 Position 1/14/04 2004
589-7440
Took Seeley's Term to
Alternate Member expire
Position 2/12/03-
Because this only 4/1/:!OW
gave her two 2006
months, council
voted to expire her in
2006
@
86
Ronald M. Van Buskirk General Reappointed Regular Term to
252 Dock Avenue Contractor
Sebastian, Florida Position Member Contractor expire
32958 Positions 6/8/05 6/1/2008
589-7804 Reappointed Regular Term to
Member Contractor expire
Position 6/12/2002 6/1/2005
Took Peter Cavalio's Term to
Unexpired Regular Expire:
Member Contractor 6/1/2002
Position 2/12/2001
Howard Brauer Regular Took Griffin's Term to
2058 E. Lakeview Member Unexpired Regular expire
Drive Position Member Position 3/1/2006
Sebastian, FL 32958 5/25/05
589-8230
Took Dodd's Term to
Alternate Mem ber expire """
Position 7/28/04 6/1/2007
Raymond Tetro Alternate Took Buchannan's Term to /
955 Dolphin Avenue position 4/27/05 expire
Sebastian, FL 32958 4/1/2006
581-9106 )
Alternate --
David Johns Took Brauer's Term to
798 Eliingsen Avenue Unexpired Alternate expire
Sebastian, FL 32958 Member Position 6/1/2007
581-0528 5/25/05
BOARD RECORDING SECRETARY - Shirley Lynch
87
-~
)~
@
ROM! OF PWCAN ISLAND
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
Subject: Expired Regular Member,
Concerned Citizen Position on the
Construction Board
.
Agenda No. n>) , 0 I L/
Department Origin: _City Clerk*
Purchasing/Contracting:
Finance Direct~
City Attorney:
City Clerk:
Approved for Submittal by: City
Mana r
Date Submitted: 8/30/05
For Agenda of: 9/14/05
Exhibits: code, application, board member list, ad
EXPENDITURE REQUIRED: AMOUNT BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY
Ms. Carbano's term will expire Sept. 30th. She is eligible and would like to serve
again. She is the only applicant.
R.ECOMMENDED ACTION
Submit nomination for the expired, regular member, concerned citizen
position which will expire 9/30/2008.
I"~XU-agt:: LIVl;;::rUUU;::tu
...."""b................ ...
Sec. 26-191. Membership; terms; filling of vacancies.
(a) "The "ci1yoonstructioo 1:Ioard shaH be con ,posed 1lf seven members and, as far as praclical,shallconsistof
two certified contractors (residential, building, general), one electrical contractor, one heating and ventilation
contractoT,one architect or engineer, one plumbingcol,b actor, and one eoncemed citizen. The t:ity COUf1(:iI may
also appoint one or two alternate members Who shall serve as necessary to assemble a maximum of seven
voting members of the board. It is preferred that the altematemembersconsistofone certified mntractor and one
concerned citizen. All members and alternate members shall be appointed by the city council, pursuant to section
2-170 of this Code.
(b) To be eligible fOr appointment, except as otherwise provided in this section, each mnb actor rnember shall
be actively engaged in construction in the city, [or) have an "established business in the city limits.
(c) Each member of the board shall hold a valid certificate issued by the board or the $lalein addition to having
the qualifications required in subsection (b) of this section, excepting the one concerned citizen member. If any
member of the board, at any time during his term, no longer possesses the required quaHlications such member
shall be automatically suspended for 30 days; then, unless qualified within 30 days, shall be replaced.
(d) Of the regular members appointed to the board:
(1) Two members shall be appointed for an initial term of one year;
(2) Three members shall be appointed for an initial term of two years; and
(3) Two members shall be appointed for an initial term of three years.
Thereafter all appointments shall be made for a term of three years. All terms of ofliceshall"expire on September
30 of the last year of the term. " "
(e) Each alternate member shall be appointed for a term of three years.
(I) Any member may be reappointed, subject to the limitations set forth in subsection (d) of this section.
(Code 1980, !i 7-92(a)-(d); Ord. No. 0-91-24, !i!i 1, 2,9-25-91; Ord. No. 0-97-57, !i 4,9-25-97)
Sec. 2-170. Qualifications.
The primary consideration in appointing i>oard "andcomrnittee members shaH be to provide the board or
committee with the needed technical, professional, financial, business or administrative expertise. An applicant's
previous term as a member or an alternate member of the board or committee on which there is a vacancy may
be given special consideration. Whenever a current or former member of a board or committee is being
considered fOr appointment or reappointment to a board, the city council shall consider the number and nature 1lf
the memoranda of conflict previously filed by such individual pursuant to ch. 112, F.S., relating to that individual's
previous membership on the boardorcomrnittee for which theappointrnentisbeing considered. All of the
members of each board or committee shall be residents of the city. Additional qualifications may be ordained or
be otherwise applicable for a particular board or committee.
(Ord. No. 0-97-56, !i 5, 9-25-97)
@-,..
~\
3
http://livepublish.municode.com/8Ilpext.dllIInfobase22/l/6b717f5/892/896?f=templates&f... 5/1712004
39/38/2335 13: 13
7722995167
Septeml eT 8, 2005
Hon. M .yor Nathan McCollum
And Co mcilmembers
City of: :ebastian
1225 M un Street
Sebastisl,FL 32958
Dear M:yor and Council Members:
PARAGON ELECTRIC_INC
Jean Carbano
433 Betty Avenue
Sebastian, FL 32958
I curren ly am serving in the "Concerned Citizen" position on the Construction Board.
My tern will expire on the 30tlt of September.
I would like to ask to be reappointed to this position so that I may c )ntinue in my
endeavo . to serve a City that I am very proud to be associated with.
If there . s any additional information that you may need please feel free to contact me on
my cell: ,hone 772-473-1277 as I will be out of town until September 17tlt,
Thank) ou very much for consideration regarding my reappointment.
Sincerel ' yoUI'S,
ft::~~
PAGE 31
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SEB.AS!!AN
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HOME. . Of PEUCAH. ISLAND
RECEIVED
efT: OF SESASW N
, ; JCE OF CITY ClPt~'D/(
n,\
2DO~ JnN 1 J FIR 8 n
APPLICATION TO SERVE ON CITY BOARD/COMMITTEE
(All City Board and Committee Members Must be Residents of the City of Sebastian)
NAME: .J E It N
HOME ADDRESS:
ftVENuE
FL \3;?QSfJ
HOME FAX:
BUSINESS:
BUSINESS ADDRESS:
BUSINESS PHONE: ,"- BUSINESS FAX:
ARE YOU A RESIDENT OF I HE CITY OF SEBASTIAN?
E-MAIL: '
HOW LONG?
..5
DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE?
'-/YUJ
DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE?
WHICH BOARDS/COMMITTEES?
~
PLEASE CHECK THE BOARDS FO~ WHICH YOU ARE INTERESTED IN SERVING IN
ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1:
I
'CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years - meets next in 2006)
CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary)
CODE ENFORCEMENT BOARD (permanent board)
CONSTRUCTION BOARD (permanent board)
HANDICAPPED ,1>F~F:EVALUA TION COMMITTEE (permanent boerd)
PLANNING AND!~6f.Jr~GCbMMJS6rGlN.(pemHI"l!lJt,J;Jeard)
POLICE RETIR!;j,fll!!;NT BOAROlOI'KliRUSTEES:,(p!'o.nl\rent statutory board)
PARKS & RECR:EI>TION ADVISeJRl\"~OMMn~j"E~~lW>omry)
TREE & LANDS~APF,ADVISIJR~<BOAR~.i?AQl1l!n!,ntboard)'
OTHER TEMPORARY COMMITrEIE'(If,appli*l$F" '
, ',' ',..",::~n;E IN COMMITTEE NAME)
.:2
@
'-.
APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary)
C!-t.-UtC,L (!.I.(1"'<1e4'.~ ~ ~~.0uvz~.
0- . ~~) ) (J
. Ck:b-,Ca-L 'P
REASONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE:
&n~ ~ 4u~ ,V" J
LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE:
0..UcA~ ~ P ~;t.. .
HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? ../JUJ
HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL
TURPITUDE INTHIS ORANY STATE?../j'1A). .
WOULD YOU CONSIDER SERVING ON ABOARD OTHER THAN THE ONE(S)
SELECTED ABOVE? ..~ .
I hereby certlfy thai I am qualified to hold the position for .whlch this application is mede. Further, I hereby euthorize
the City of Sebestianto investigate the triJlhfulness of all information which I have provided In this application. I
undanstand that any misrepresantatlon or omission of infonnation requested in this eppfication.is causefor
disqualification. .
I have been provided with, read end undensland City of Sebestian Code of Ordinances Section~ 2C166lhrough 2.173
(attached). information relative to e SpeclflC board orcommlllee is avallabielf requested, .
0I.A4,) ~/7~ .
,. AP~II6f,~t Signature . .. ..
this
I who'
as identfficanon.
a.nv ,J.Co~... by
Icnown 0 me, or hes produced
\wp-formlaPplical.wPd
rev. 512002
G):E.. ,.. . .DMIUtlEIIIIIlIAS
.. . PuIlic. SIaIe of FloIIda
.. .' .MyO::I... t.,~IE;...' 1'<Ig. 6,'Jlt11
. ~ #1)1)239149
@
CONSTRUCTION BOARD
3- YEAR TERMS
MEETS 2ND TUESDAY EACH MONTH - 7:00 P.M.
MEMBER NAME POSITION APPOINTMENT CURRENT TERMS
AND ADDRESS HISTORY STATUS COMPLETED
Electrical Took Schmitz' Term to
Greg Conover Contractor Electrical Contractor expire
826 Floraland Position 913012007
Avenue Position 8/25/04
Sebastian, FL
32958 Took Mr. Gilligan's Term to
589-9905 unexpired alternate expire
member position 9/3012004
9110103
~ ~
Jean Carbano Regular Took Stuart Houston'; Term to
433 Betty Avenue Concerned Concerned Citizen expire
Sebastian, FL Citizen Regular Position 9130/2005
Position 5/26104
32958 ~
581-1397
\. ,
Frank A. Garland, Plumbing Reappointed 9110103 Term to Has served 1
Jr. Contractor full term
449 Ponoka Position expire
Street 9130/2006
Sebastian, FL Took Herbig's
32958 Plumbing Contractor Term to
589-3020 Regular Member expire
Position 1118/2000 9/30/2003
Engineer or Term to
vacant Architect
expire
9/30106
Kari Lanning Regular Took Gilligan's Term to
185 Midvale Contractor Contractor Position expire
Terrace Position 618/05 9130/2006
Sebastian, FL Term to
32958 Appointed A~ernate expire
589-3189 1/12105 9/3012007
@
Frank HARV Took Mitchell's HARV Term to
Dalessandro Contractor Contractor Position expire
758 Concha Drive 8/10/05 9/30/2007
Sebastian, FL
32958
508-7140
Jim Morris Regular Took Mr. Craw's Term to
P. O. Box 780765 Member unused Regular expire
Sebastian, FL Contractor Member Contractor 9/30/2006
32978 position 11/12/03
589-3519
Cindy Falco- Altemate Appointed 1/12/05 Term to
DiCorrado Concerned expire
1309 Louisiana Citizen 9/30/2007
Avenue Position
Sebastian, FL
32958
581-9291
William Nagy Alternate Appointed 6/8/05 Term to
1415 Tradewinds Contractor expire
Way Position 9/30/2007
Sebastian, FL
32958
388-4568
BOARD SECRETARY - Kathy Nappi
@
@
HOME OF PELICAN ISLAND
August 23, 2005
PRESS RELEASE
CONSTRUCTION BOARD
THE CllY OF SEBASTIAN IS SEEKING APPUCANTS TO FILL THE FOLLOWING
EXPIRED PosmON ON THE CONSTRUCTION BOARD:
. REGULAR MEMBER, CONCERNED cmZEN POsmON, EXPIRING 9/30/08
ALL BOARD MEMBERS MUST BE CllY OF SEBASTIAN RESIDENTS, AND HAVE
ACTIVE, REGISTERED CONTRACTOR UCENSES EXCEPT FOR THE CONCERNED
cmZEN APPOINTMENTS.
THIS BOARD MEETS ON THE SECOND TUESDAY OF EACH MONTH AT 7:00 PM
IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN.
APPUCATIONS ARE AVAILABLE IN THE CllY CLERK'S OFFICE, CllY HALL, 1225
MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM OR
AT CllY'S WEBSITE (WWW.CllYOFSEBASTIAN.ORG) AND WILL BE ACCEPTED
UNTIL FILLED.
Please note council may appoint an alternate member to this regular member position and
applications received will then be used to fill the alternate position at the same meeting.
###
OlYCl
SEUS!!AN
~
HOME Of PUTCAN ISlAND
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
Subject: Two Alternate Member Positions
on the Temporary Environmental Advisory
Committee
Agenda No. rX5 0 I q
Department Origin: _City Clerk~
Purchasing/Contracting:
Finance Director: l
City Attorney:
City Clerk:
,
bmittal by: City Manager
Date Submitted: 8/30/05
For Agenda of: 9/14/05
Exhibits: code, applications, ad
EXPENDITURE REQUIRED: AMOUNT BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY
Code Section 2-167 provides for 'one alternate member, with a maximum of two
alternate members.'
RECOMMENDED ACTION
Interview, unless waived and submit nominations individually for the two alternate
positions which will expire 8/2008.
..~~
@;
@
ARTICLE VI. BOARDS, COMMISSIONS, COMMITTEES.
Page 1 ofl8
ARTICLE VI. BOARDS, COMMISSIONS, COMMITTEES.
'Cross references: Jurisdiction of the code enforcement board, 92-178; construction board,
926-191 et seq.; planning and zoning board, ch. 54; board of adjustment, ch. 54.
DIVISION 1. GENERALLY
Sec. 2-166. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section:
Board shall mean any permanent board or committee of the city, which is established by
ordinance as a permanent board or committee of the city.
Committee shall mean any temporary committee or commission of the city, which is
established by resolution to study a specific problem and recommend a solution or policy
alternative within a time certain. Its existence shall terminate upon the completion of its
assignment or on a date certain as provided by the resolution creating the committee or
commission.
Neither "board" nor "committee" shall be construed to include the city council.
(Ord. No. 0-97-56,91,9-25-97; Ord. No. 0-98-05, 91, 7-8-98)
Sec. 2-167. Appointments.
The city council shall make all appointments and reappointments to the boards and
committees of the city. Unless waived by the city council and the applicant, the city council shall
interview persons requesting consideration for appointment at a public meeting. Following such
interview, the city council shall fill the vacancy from the list of applicants. All boards and
committees shall have at least one alternate member, with a maximum of two altemate
members.
No person shall serve on more than one city board or permanent committee
simultaneously.
(Ord. No. 0-97-56, 92,9-25-97; Ord. No. 0-98-05, 92,7-8-98; Ord. No. 0-04-16, 9 1, 9-15-04)
Sec. 2-168. List of volunteers.
Twice a year advertisements shall be published in a newspaper of general circulation
setting forth a list of all city boards and committees, special qualifications necessary for
http://library.municode.comlgateway .dlllfl/florida/6788/6804/681 O?f=templates$fn=docu... 8/31/2005
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APPUCA nON TO SERVE ON CITY BOARD/COMMITTEE
(All City Board and Committee Members Must be Residents ofthe City of Sebastian)
NAME: J<eV\v\\ &:w- I..-, :; kiLVD >1-'1
<JT1l
HOME ADDRESS: YlS ftr-bov- C;w<t.e:J-
S<C\tJ{.L5h.....~ ,F-l 3~5r
HOME PHONE: S'n -W~~ HOME FAX: E-MAIL:
,>k:w 'iS~hq~ bdL~o\,d-t/\ ,v\QJ:::-
BUSINESS: '~cl~ P-tvev ~e~~ \+O.sp\+~L
BUSINESS ADDRESS: l0-00 ~bt1A- S{-
\)e:vv ~ Fl ?140o
BUSINESS PHONE: BUSINESS FAX: E-MAIL:
ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? \t" HOW LONG? ~Cf1
DO YOU CURRENTLY HOLD ANY PUBUC OFFICE? \'\0
. DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE?
II\IHICH BOARDS/COMMITTEES? ~O
PLEASE CHECK THE BOARDS FOR II\IHICH YOU ARE INTERESTED IN SERVING IN
ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1:
CHARTER REVIEW COMMITTEE (seNes only 6 months 9Very 7 years - meets next In 2006)
CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer)
CODE ENFORCEMENT BOARD (pennanent board- meets once aroonth)*
COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE (permanent board-meets as needed)
CONSTRUCTION BOARD (permanent board. meets 0009 a month)"
HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board - meets quarterly)
PlANNING AND ZONING COMMISSiON (permanent board - meets twice a month)*
POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)*
K. PARKS & RECREATION ADVISORY COMMITTEE (permanent board - meets once a month)
TEMPORARY ENVIRONMENTAL ADVISORY COMMITTEE
TREE & LANDSCAPE ADVISORY BOARD (permanent board - meets once a month)
'OTHER TEMPORARY COMMITTEE (if applicable)
(WRITE IN COMMITTEE NAME)
*
Filing of financial disclosure is required following appointment
@
APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required)
HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR?
LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE:
r ctwL "-- C0Y\~ d-k U:Y1 'i \i\~M '( V\
~V'(wCL~V\o, O\J(Ly~~ o.-vJL &CW~~
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HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE?
\-JQ
HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL
TURPITUDE IN THIS OR ANY STATE? N ()
WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED
ABOVE? yO
I hereby certify that I am qualified to hold the posrtion for which this application is made. Further, I hereby authorize
the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I
understand that any misrepresentation or omission of information requested in this application is cause for
disqualification.
I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173
(attached). Information relative to a specific board or commrttee is available if requa d.
S
Appli n . natu JjJ ~~
to before me this day;q;;;, ( . ifp<x; by
who is personally known to me, or has produced
as identification.
Iwp-formlapplicat.wpd
rev. 112004
.
!~A'}f.y:r~?;;..... CARRIE B. ANDERSQN----"""
j~( d MY COMMISSION # DD 126362
,,;i'.....b\~' EXPIRES: October 14 ,2006 ~
",~f,,\li" BonoadThruNotah'PUbiiAU__'
=-- '7 ~ '......rwrilers
@
CllYCf
SE~
~
HOME OF PELICAN ISLAND
APPLICATION TO SERVE ON CITY BOARD/COMMITTEE
(All City Board and Committee Members Must be Residents of the City of Sebastian)
NAME:
HOME ADDRESS:
J~ l<tes SI
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HOME PHONE:
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HOME FAX: fg1-Gooc' E-MAIL:'5Lr-\155€Cc",
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BUSINESS:
BUSINESS ADDRESS:
BUSINESS PHONE:
BUSINESS FAX:
E-MAIL:
HOW LONG?
ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN?
e
DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE?
No
DO YOU PRESENTLY .SERVE ON ANY OTHER CITY BOARD OR COMMITTEE?
WHICH BOARDS/COMMITTEES? I/o
PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN
ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1:
v
CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years - meets next In 2006)
CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer)
CODE ENFORCEMENT BOARD (permanent board - meets once a month)*
COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE (permanant board-meets as needed)
CONSTRUCTION BOARD (permanent board - meets once a month)"
HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board - meets quarterly)
PLANNING AND ZONING COMMISSION (permanent board - meets twice a month)*
POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)*
PARKS & RECREATION ADVISORY COMMITTEE (permanent board - meets once a month)
TREE & LANDSCAPE ADVISORY BOARD (permanent board - meets once a month)
OTHER TEMPORARY COMMITTEE (if applicable) 13'" V' i Y-C' ., "'-" ~ -1-. ( C-. '" ,
(WRITE IN COMMITTEE NAME)
*Filing of financial disclosure is required following appointment
@
APPLICABLE EDUCATI,ON AND/OR ~PERIENCE:/ brief ~esume is re:;.uired)
ffi<- ""~.- tYf J ~ t"l-r Pt""". "j '0""Yo/ E"", (/ /v-iJ'''- u- e''<.- 4. r e",,,-<><-'>;
Jcr7'{r'7- (2niL1bl.{'"lr f/;r,
HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR?
fi'y- P~'-l'..e"t..v &'1. tlf,o"~ bCLads ~r '1fr-f
LIST ANY ADDITIONAL QUALlFICATIONST~ SERVE ON BOARD OR COMMITTEE:
~,,""fc.eJ if 1ao", <jt'DOAc.,e .fr<'$l "'~ -i-r 5ter'''''f i't Fail.l.d4, NY::
HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE?
~(t
HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL
TURPITUDE IN THIS OR ANY STATE?
};Jc
WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED
ABOVE? r:1~c("I~ 17l'il")
I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize
the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I
understand that any misrepresentation or omission of information requested in this application is cause for
disqualification.
Appli
I have been provided with, read and understand City of Sebastian Code of Ordinance
(attached). Information relative to a specific board or committee i available if reque
--
me this day .;;:?,j $ by
'.vAs it' pDrc:U\qetjr ~1I5nR to me, or has produced
as identification,
~
Iwp-formlapplicat.wpd
rev. 112004
--...,
.ii'-~'''''''' ANN V, ROUSSEAU I
tf~\';;' MYCOMMISSIONlDOOS9531
"" .k1 EXPIRES: March 18, 2008
-~ '-..u;,;.~~~ BondedThruNoteryPl.tJIk:Umlerwtiters
'Ii'fi.\" _. '<
@
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HOME OF PEliCAN ISlANQ.UU~
;:"C'~;ElVED
2,EB~,~;Tlj~N
.,~ C'TV"r i'
C. 'Jr -Ill VL~ '\
r.,'.;?G' R"'I'I ;; ~It
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APPLICATION TO SERVE ON CITY BOARD/COMMITTEE
(All City Board and Committee Members Must be Residents of the City of Sebastian)
NAME:
HOME ADDRESS:
StrUt
FL :5;<
HOME FAX:
E-MAIL:
BUSINESS: AJS
BUSINESS ADDRESS: 133
YYO eo.d R.
BUSINESS PHONE: S-(,) - 310 BUSINESS FAX:
ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN?
E-MAIL:
e5
HOW LONG?
3'€JJJ<;
DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE?
/t1o
DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE?
WHICH BOARDS/COMMITTEES?
no
PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN
ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1:
CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years - meets next in 2006)
CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary' meets during summer)
CODE ENFORCEMENT BOARD (permanent board. meets once a month)"
COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE (permanent board-meets as needed)
CONSTRUCTION BOARD (permanent board - meets once a month)'
HANDICAPPED SELF,EVALUATION COMMITTEE (permanent board - meets quarterly)
PLANNING AND ZONING COMMISSION (permanent board - meets twice a month)'
POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)'
~ PARKS & RECREATION ADVISORY COMMITTEE (permanent board - meets once a month)
---y-- TEMPORARY ENVIRONMENTAL ADVISORY COMMITTEE
:).. TREE & LANDSCAPE ADVISORY BOARD (permanent board - meets once a month)
OTHER TEMPORARY COMMITTEE (if applicable)
(WRITE IN COMMITTEE NAME)
*
Filing of financial disclosure is required following appointment
@
APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required)
Ilrv\ CUf(b1H'1 G~ 1o''%:J'Sf 1..0crk"fl' IJ, the {Is 7=,oh anti vXIJI,k J&-vi'<:',
Wwluoi-ed +1-0'''' (jYli'tI, oF' Flo-r;da with ow l31lh'(CYly'V}-e",k./ ~c,'MU dera.
e ,S 1)1.0
HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR?
Ih 0.. h,()i"JI's~ ;;". 0, tee/em I f}di/er<'lyne,1f C1jency fh.o.J- /€ui-ewJ O,i1d
CCiM(YIIMJ-J' 0,'1. develof'I'11e,..Jf jJlCJpds ler -enwn'm.m-e<i4/ /4r..0S';.r Cart
f'rov,y)-e +eclv'(u,1 4nd Scj>e.,h'h'c ",dv/Ge J.o f'hc. k;o"n;!. "
;;!ST ANY ADDITIONAL QUALlFICATIO}J~S TO SERVE ON BOARD OR C,OMMITTEE:
I>>""IJ h", ., YOlln'{flf ,rnei'Viber (;:2') tv +h" Co/hI'1,'fke c,ncL ('Wi rtYu:-h "><cf-
anJ. rtf!/d>U1f- H,e, yo"n,er ref;' e:;.fs af: J:ei:JC,S},c,n tv/It'd, Olre-- e;/'/-en ,_
@v-e//c6/Pd and Wlis-re/re.s.€PIi4.d" ,..L. tJ.t/>7 &a;lft",.'n~ n..,d ''<n o,,/s/'dkYi W,,,,-
/lJr -/-he enrl,'rmr11evt .
HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THiS OR ANY STATE?
i}u
HAVE YOU EVEN BEEN CONVICTi::D OF ANY MISDEMEANOR INVOLVING MORAL
TURPITUDE IN THIS OR ANY STATE? no
WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED
ABOVE?
Yt5
I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize
the City of Sebastian to ,investigate the truthfulness of all information which I have provided in this application. I
understand that any misrepresentation or omission of information requested in this application is cause for
disqualification.
I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173
(attached). Information reiative to a specific board or committee is avail b if requested
~
.029~bY
SUbSC:ib7dorn to before ~e this ,4 z;t!
~iLJ!- vANed, 5 , '
'~lL. ;/ ///5L ,/ )asidentification.
I ,/
~
o me, or has produced
~'i''''''~ ANN V. ROUSSEAU
g.:"~\1 MY COMMISSION' DD 0lI9531
~.~o/ EXPIRES, March la, 2006
.,) ~P.r.,fr.'" 8ondedThrvNoIaryP~fcUnclelWliIers
Please Return to City Clerk, 1225 Main Street, Sebastian, FL 32958
KRISTI R. Y ANCHIS
k ristirainer@yahoo.com
486 Easy Street
Sebastian, FL 32958
(772)388-2911
OBJECTIVE:
Seeking an alternate position on the City of Sebastian Temporary Environmental Comntittee.
EDUCATION:
EXPERIENCE:
ACTIVITIES:
SKILLS:
INTERESTS:
University of Florida. Gainesville, FL.
B.A. in Environmental Policy. May 1999.
Minors: Agriculture and Natural Resource Ethics and Policy.
Speech Communication.
James Cook University. Queensland, Australia.
Semester abroad Fall 1998.
Focused on Environmental Impact Assessment, Coastal Zone Management and Marine Biology.
U.S. Fish and Wildlife Service.
Vero Beach, FL October 2003 - Present
Biologist. My duties include working with the Corps of Engineers and other Federal and State agencies to assist the
permitting process for development in Miami-Dade, Palm Beach, and Broward counties. I provide information
pertaining to the presence of endangered species within the development area pursuant to the Endangered Species
Act. Previously I worked on the Comprehensive Everglades Restoration Plan (CERP) in Palm Beach County.
B.S.E. Consultants, Inc.
Melbourne, FL November 2002 - October 2003
Environmental Specialist. I was the sole environmental person within the engineering firm. My responsibilities
include protected species surveys and management, habitat assessments, wetland delineation, mitigation and
monitoring, and coordination with several governmental agencies pertaining to permitting.
Lotspeich and Associates, Inc.
Winter Park, FL September 2000 - November 2002
Biologist. Areas of service include wetland delineation, permitting, protected species surveys, land use assessments,
wetland mitigation and monitoring, and appraisal/condemnation evaluations.
Barnes, Ferland and Associates, Inc.
Orlando, FL August 1999- September 2000
Environmental Scientist. Performed site assessments for contamination (Phase I and II), soil borings, installed and
sampled monitoring wells, assisted with various engineering projects.
Department of Enviromnental Protection! Estern Bay Aquatic Preserve.
Ft. Myers, FL Summer 1999
Assistant to resource specialist. Removing exotic species, data entry, maintaining the Estero Bay submerged and
buffer lands.
Department of Environmental Protection! Florida Parks Service- Lignnmvitae Key State Park.
Florida Keys, FL Summer 1998
Intern. Worked on reef surveys, seagrass recovery project and damage assessments, shoreline erosion control,
historic preservation, exotic removals, and park interpretation.-
Archie Carr National Wildlife Refnge. Volunteer with sea turtle surveys. Summer 2005.
Florida Association of Environmental Professionals (FAEP). Member since 2001.
University of Florida Alnmni Association. Member since 1999.
Natural Resonrces and Environment College Conncil. Vice President 1998. Member since 1996.
Familiar with native and nnisance plant species throughout Florida. Also familiar with State and Federal protected
animal species. Experienced with water testing equipment. Computer skills include Microsoft Word, Excel, Power
Point and Corel Word Perfect software. Also, I am able to operate small watercraft, 4WD vehicles and ATVs.
'CU", """, ~~""" ~';"" m","'.' """""_ "" 0'" w_"'.... ooti'm" @
@
HOME OF PELICAN ISLAND
August9,2005
PRESS RELEASE
CITY OF SEBASTIAN
TEMPORARY ENVIRONMENTAL ADVISORY COMMITTEE
THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL TWO
ALTERNATE POSITIONS ON THE COMMITTEE WHOSE TERM WILL EXPIRE
812008.
ALL APPLICANTS MUST BE CITY RESIDENTS.
THIS BoARD MEETS ON THE FIRST TUESDAY OF THE MONTH AT CITY
HALL, 1225 MAIN STREET, SEBASTIAN.
APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL,
1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND
4:30 PM AND WILL BE ACCEPTED UNTIL AUGUST 29, 2005.
###
TEMPORARY ENVIRONMENTAL ADVISORY COMMITTEE
R-05-11
Patricia Beckwith Mayor McCollum's Appointed 4/13/05 Term to expire
465 Lighthouse appointee at the end of
Avenue McCollum's term
Sebastian, FL in 2007
32958
388-0414
Michael Kidde Vice Mayor Appointed 4/13/05 Term to expire
834 Barker Street Burkeen's at the end of
Sebastian, FL appointee Burkeen's term in
32958 2007
589-1351
Mary Ann Council Member Appointed 4/13/05 Term to expire
Krueger-Vice Andrea Coy's at the end of
Chair appointee Coy's term in
121 Miller Drive 2007
Sebastian, FL
32958
581-7472
Trish Adams- Council Member Appointed 4/13/05 Term to expire
Chair Lisanne Monier's at the end of
47 River Oak appointee Monier's term in
Drive 2006
Sebastian, FL
32958
388-5535
Michael Mugas Council Member Appointed 4/13/05 Term to expire
202 Fig Street Sal Neglia's at the end of
Sebastian, FL appointee Neglia's term in
32958 2006
589-7086
Adrina Davis environmental Appointed 4/13/05 Term to expire
668 Benedictine based science or 4/1/2007
Terrace regulation such as
Sebastian, FL arborist or
32958 conservation
589-2408 officer
Therese Miller development or Appointed 4/13/05 Term to expire
133 Mabry Street environmental- 4/1/2007
Sebastian, FL deoendent
32958 business such as
388-0829 fisherman or //
landscaper <]
S9
00
.,
HOME Of l'W<:AN ISlAND
CITY OF SEBASTIAN
AGENDA TRANSMITIAL
bmittal by: City Manager
.
Agenda No. 0 5. ,8'2-
Department Origin: ~ (J 1Ji!
Finance Director:
City Attorney: *-
City Clerk:
Subject: Approval of Sebastian River Art
Club's Art Show Dates for 2005 - 2006 at
Riverview Park.
Date Submitted: September 7, 2005
For Agenda of: September 14, 2005
Exhibits:
List of Dates and Information about Club.
EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A
None
APPROPRIATION
REQUIRED: None
SUMMARY
The Sebastian River Art Club is seeking Council approval for its Art Show Schedule for 2005 -
2006 at Riverview Park. The Sebastian River Art Club has had shows at Riverview Park for many
years and has worked well with the City. The attached information brochure details the Club's
activities in the community. In light of all the community activities the Club is involved with, staff
is recommending cutting all applicable fees by 50%.
This year's show dates are October 15, 2005, November 19, 2005, December 10, 2005, January
21,2006, February 25 & 26, 2006, March 18, 2006 and April 08, 2006. Shows are from 10 AM
until 4 PM at Riverview Park. Rain dates for this year's shows are October 16, 2005, November
20,2005, December 11, 2005, January 22,2006, March 19, 2006 and April 9, 2006. Rain date
shows are from Noon until 4:30 PM.
RECOMMENDED ACTION
Move to approve cutting all applicable fees by 50% for Sebastian River Art Club's Shows at
Riverview Park from 10 AM until 4 PM on 10/15/05, 11/19/05, 12/10/05,01/21/06,02/25 &
26/06,03/18/06 and 04/08/06.
Move to approve rain dates for Sebastian River Art Club's Shows at Riverview Park from Noon
until 4:30 PM on 10/16/05, 11/20/05, 12/11/05,01/23/06,03/19/06 and 04/9/06.
/--""\
02)
(~
v .
Post Office Box 780534
Sebastian. Fl. 32978-0534
July 7, 2005
Sebastian City Hall
1225 Main St. i
Sebastian, FI 329518
Attn: Chris McCarthy ~ Parks & Recreation Dept.
Dear Chris..
We are submitting our show schedule for the 2005-2006 season
in Ri verview. Park.
The dates are as follows:
2005
2006
October
November
December
15th
. 19th
10th
. January
February
March
April
21
25 & 26
18
8
The rain date will remain on the immediate Sunday after.
each show.
Hope this meets with your sc~edule and the City of Sebastian.
If any conflict, please let me know.
Thanks much.
Richard Doug rty - President
484 Godfrey Rd., S/E
Palm Bay, Fl 32909
Phone: 321-723-9238
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HOME Of FtlX.'<N 1Sl1\Ml:>
AGENDA TRANSMITTAL
COMPREHENSIVE PLAN REVISION -
CONTRACT AMENDMENT
Agenda No.
D~partment Origin: ~/..."- f'&f4.A.
Fmance Dept.: """'.. ~_ ~ _
City Attorney: ~ T
City Clerk:
Subject:
.
Exhibits: Agreement Amendment Prepared by City Attorney
EXPENDITURE REQUIRED:
AMOUNT BUDGETED:
APPROPRIATION REQUIRED:
$20,473
$0
$20,473 - Contingency
SUMMARY
In September 2002, the City of Sebastian contracted with the lIer Planning Group to make
specific modifications to the 1999 Comprehensive Plan. These modifications were to
update the Comprehensive Plan.
In execution of the contract, delays began to mount. Some of the problems centered
around City staff tasks that were not performed because of the work load created by
annexations anbther growth related issues during the last several years. In addition to
this problem, the lIer Group also found that reproducing many of our maps was
increasingly difficult because of digitizing, transporting data and other related problems.
As these issues unfolded, the lIer Group worked with City staff and received verbal
authority to exceed their original contract price of $90,000 (To date approximately $5,900
of this contract price remains outstanding).
I became aware of this matter when it was brought to my attention by City Attorney
Stringer, in which the lIer Group was requesting an additional payment of $36,000. Upon
review of this information, the City Attorney requested that lIer provide a detailed
breakdown of the additional costs. At his request, the lIer Group reduced their overage to
$27,250. Next, a meeting with new Growth Management Director Gary Ament, City
Attorney Stringer, Growth Management Manager Jan King, Henry lIer and myself was
conducted. At this meeting, the group explained that the cost increases were associated
with modifications to the (1) capital improvement element; (2) creating a new Estate
@
Density residential land use classification; (3) mapping future and existing land uses; and,
(4) obtaining data staff was originally scheduled to provide.
Based on this information, I proposed to further reduce the overage request to $19,473
plus an additional $1,000 to bring new city staff up-to-speed on the project.
RECOMMENDED ACTION
There is no doubt, lIer conducted more work than originally contracted. Therefore, in all
fairness and to complete the comprehensive plan modifications, I am recommended that
the Council approve the contract amendment at the cost of not to exceed $20,473.
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AMENDMENT NUMBER ONE TO AGREEMENT
BETWEEN CITY AND ILER PLANNING GROUP
THIS AMENDMENT made in modification of that certain AGREEMENT FOR
PROFESSIONAL SERVICES dated the 11th day of October, 2002, by and between the CITY
OF SEBASTIAN, a municipal corporation of the State of Florida, ("City") and ner Planning
Group ("TIer"), provides as follows:
1. Changes in Scope of Work. Iler shall perform the following additional services under the
Agreement for Professional Services:
a. Immediate update of the Capital Improvement Element, to then be revised with
remainder of Plan amendments.
b. Creation of Estate Density land use category.
c. Complete reconstruction and updating of maps.
d. ner shall be responsible for data collection as previously set forth under "City
Responsibilities" in the scope of services of the Agreement.
Staff rather than ner will undertake performance of the public hearings aspects of Tasks 7 and 8
in the scope of services of the Agreement.
2. Compensation. As compensation for the increased services provided hereunder, IPG
shall be paid additional compensation of$19,473, which amount shall be paid upon delivery of:
a. Signed releases from all subconsultants; and
b. The completed amendment document for transmittal to the state.
3. Additional services. Additionally, ner will meet to familiarize staff members with the
amendments as preparation for the hearings to be conducted by staff. This work will be billed at
Iler's standard hourly rates with an amount of compensation not to exceed $1,000.
4. Time ofDerformance. Time is of the essence. A completed amendment package ready
for hearing before the City LPA shall be delivered no later than November 18, 2005. Revisions
based upon comments and actions at the required hearings shall be made promptly.
5. All other conditions and requirements of the original agreement will remain in full force
and effect.
ATTEST (SEAL):
THE CITY OF SEBASTIAN
Sally A. Maio, MMC
City Clerk
By:
Alfred A. Minner, III, City Manager
Approved as to form and legality for
reliance by the City of Sebastian only:
ILER PLANNING GROUP
By:
Henry B. TIer, AICP, PresidentlPrincipal .
Rich Stringer, City Attorney
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(J]YCI
SEBAST~
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HOME OF P!l.ICAN ISIN/D
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
Subject: Contract for Property, Casualty & Agenda No. () 5. ilL 3
Liability Insurance Program 2005/06
r Submittal by:
Originating Department: Finance
Finance Director:_ ~7~
City Attorney: ~
City Clerk:
Date Submitted: September 2, 2005
For Agenda of: September 14, 2005
Exhibits:
Exhibit "A": Property, Casualty, and Liability Insurance Tabulation of Proposals
Exhibit "B": Participation Agreement
EXPENDITURE REQUIRED: AMOUNT BUDGETED:
$145,548.00 $182,100.00
APPROPRIATION
REQUIRED: N/A
SUMMARY
The City's Property, Casualty and Liabi]ity Insurance contract with F]orida Municipal Insurance Trust will expire
at the end of this fiscal year. In accordance with Purchasing Procedures, a notice of invitation - Request for
Proposal (RFP) was advertised soliciting proposals from firms that specialize in providing these services.
Proposals received from Florida Municipal Insurance Trust and Public Risk Insurance Agency (a Brown &
Brown Company) were opened on Augnst 15, 2005. A committee consisting of Ms. Shai Francis (Finance
Director), Ms. Debbie Krueger (Assistant Finance Director) and Mr. Jesus M. Vieiro (Buyer) conducted an
analysis of the proposals received, and determined that PRIA's proposal was the best overall. The Property,
Casualty, and Liability Insurance Tabulation ofProposa]s worksheet is attached to this agenda as Exhibit "A".
The amount budgeted ($] 82,1 00) for this insurance program was based on the assumption of a fifteen percent
increase from current premium of$158,500. The proposed insurance premium from PRIA is $145,548.
PRIA's proposal provides for entering into insurance agreements with the Preferred Governmenta] Insurance
Trust (pGIT) as policy Underwriters, and a PGIT membership participation agreement (copy attached as Exhibit
~'B").
Since the current policy coverage provides for a $25,000 deductible for all lines, the RFP requested options for
lower deductibles to reduce the City's exposure. Staff recommends reducing the Genera] and Auto Liability
deductib]es to $10,000 (see Option 2). PGIT's lowest deductible for Auto Physical Damage is $1,000.
Other Governmenta] Agencies (some smal]er and some larger than the City of Sebastian) insured with PGITwere
contacted to inquire about PGIT's performance, business relations and dealings. Findings were satisfactory.
..COMMENDED AcnON @
Move to award contract to Preferred Governmental Insurance Trust in the amount of$ 145,548.00 for the
2005/06 Property, Casualty and Liability Insurance Program and authorized Staff to execute it.
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EXHiBir
PARTICIPATION AGREEMENT
Application for Membership in the Preferred Governmental Insurance Trust
The undersigned local governmental entity, as a public agency of the State of Florida as defined in Section
163,01, Florida Statutes, hereby formally makes application with the Trust for {'....fi......:...S t. B~lml~. . -~:n'1,
liability, property and/or casualty coverage through membership in the Preferred GovernmentaJ Insurance Trust, to
become effective 12:01 a.m. October 1,2004, and if accepted by the Fund's duiyauthorized representative, does
hereby agree as foUows:
(a) To accept and be bound by the provisions of the Florida Workers' Compensation Act;
(b) That, by this reference, the terms and provisions of the Amended Interlocal Agreement creating the
Preferred Governmentai Insurance Trust are hereby adopted, approved and ratified by the undersigned local
governmental entity. The undersigned locai governmental entity certifies that It has received e copy of the
aforementioned Amended Interlocal Agreement and further agrees to be bound by the provisions and obiigations of
the Amended i nterlocal Agreement as provided therein;
(c) To pay all premiums on or before the date the same shall become due and, In the event Applicant fails to
do so, to pay any reasonable late penalties and charges arising therefnom, and an costs of collection theroof,
including reasonable attorneys' fees;
(d) To abide by the rules and regulations adopted by the Boond of Trustees of the Fund;
(e) That should either the Applicant or the Fund desire to cancel coverage, It will give not less than thirty (30)
days prior written notice of cancellation:
(f) That all information contained in the underwriting application pnovided to the Fund as a condition precedent
to participation in the Fund is true, correct and accurate in aU respects.
~~ of' setxJst-iQn
(Name of Local Governmental Entity)
Witness Signature
By:
Signalure
Printed Name
Printed Name
Title:
Witness Signature
Printed Name
IS HEREBY APPROVED FOR MEMBERSHIP IN THIS FUND, AND COVERAGE IS EFFECTIVE THE _ DAY
OF ,20_. SIGNEDTHIS_DAYOF ,20~.
By:
Admin istralorrrrustee
AMENDED INTERLOCAL AGREEMENT CREATING
THE
PREFERRED GOVERNMENTAL INSURANCE TRUST
Ihis Amended Interlocal Agreement, restating and modifying the Pteferred Governmental
Insurance Trust, is made and entered into effective October I, 2004, by and among the Local
Governmental Entities who have executed Participation Agreements (Application for Membership in
the Preferred Governmental Insurance Trust) to become effective October I, 2004, such Local
Governmental Entities representing one hundred percent (100%) of the Governmental Entities
participating in the Prefened Governmental Insurance Trust, together with such other Local
Governmental Entities who hereafter become members of the Fund, for the purposes and subject to
the condition. and re.triction., as hereinafter set forth.
WITNESSETH:
WHEREAS, Article VIII, Section 2, Flodda Constitution, provide. municipalities .hall have
governmental, corporate and proprietary powen to enable them to conduct municipal government,
perform municipal functions, and render municipal .ervice., and may exercise any power for
municipal purpose. except as otherwise provided by law; and
WHEREAS, Section 125,01, Florida Statutes, provides that counties shall have the power' to
carryon county government and to exercise all powers and privileges not specifically prohibited by
law; and
WHEREAS, Section 166.021, Florida Statutes, provides in part that "..municipalities shall
have the governmental, corporate, and plOprieta:ry powers to enable them to conduct municipal
government, perform municipal functions, and render municipal services, and may exercise any
power for municipal purposes, except when expres.ly plOhibited by law,"; and
WHEREAS, Section 163.Q1, Florida Statutes, commonly lrnown as the "F lorida Interlocal
Cooperation Act of 1969", provides that Local Governmental Entities may enter into interlocal
agreements in order to make the most efficient use of their powers by enabling them to cooperate
with other Local Governmental Entities on a basis of mutual advantage, thereby plOviding services
(;;;\\
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I
and facilities in a manner, and pursuant to fOJms of governmental organization, that will best accord
with geographic, economic, population, and other factols influencing the needs and development of
Local Communities; and
WHEREAS, Section 624.4622, FIOJida Statutes, provides that any two 01 mOle Local
Governmental Entities may enter into an interlocal agreement for the purpose of securing the
payment of benefits under Chapter 440, FIOJida Statutes, provided such local governmental self-
insurance fund created thereby has an annual normal premium in excess of five million dollars
($5,000,000.00), maintains a continuing program of excess insurance coverage, submits annual
audited year-end fmancial statements, and has a governing body which is comprised entirely oflocal
elected officials; and
WHEREAS, Section 768.28, Florida Statutes, provides that the state and its agencies and
subdivisions are authOlized to be self-insured, to enter into risk management programs, or to
purchase liability insurance for whatever coverage they may choose, or to have any combination
thereof; in anticipation of any claim, judgment, and claims bill which they may be liable to pay
pmsuant to such section; and
WHEREAS, Section 111..072, FIOIida Statutes, authorizes any county, municipality, or
political subdivision to be self-insured, to enter into risk management programs, or to purchase
liability insurance for whatever' coverage it may choose, or to have any combination thereof in
anticipation of any judgment or settlement which its officers, employees, or agents may be liable to
pay pursuant to a civil or civil rights lawsuit described in s. 111.07, Florida Statutes; and
WHEREAS, Section 624462, FIOJida Statutes, provides that a governmental self-insmance
pool created pmsuant to Section 768.28(16), F IOJida Statutes, shall not be considered a commercial
self-insurance fund; and
WHEREAS, each of the participating Local Governmental Entities which are party to this
Agreement, and all subsequent Local Governmental Entities which become party to this Agreement,
are public agencies as defined in Section 16301, FIot ida Statutes, and are authorized to enter into
this InterJocal Agreement by executing a Participation Agreement; and
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WHEREAS, each ofthe Local Governmental Entities which are a party to this Agtument
have the powers and authodties to establish, operate and maintain theit own individual self-insured
pIOgtanlS for the purpose of securing payment of benefits under Chapter 440, Florida Statutes; and
WHEREAS, each of the Local Governmental Entities which are a party to this Agreement
have the powers and authorities to establish, operate and maintain their own individual self-insured
progt'ams for the purpose of seeming payment of benefits under risk management programs 01
liability insurance programs; and
WHEREAS, it is in the public interest, and in the best interest of the parties hereto, that they
join together to establish a consolidated and comprehensive Fund for the payment of benefits under
the Florida Workers' Compensation Law, payment of c1aims,judgraents and claims bills which they
may become liable to pay, payment of certain civil rights liabilities, payment of casualty and property
losses, and the purchase of appropriate policies of insmance, excess insurance and reinsurance to
provide protection against such claims and liabilities; and
WHEREAS, the governing authority of each of the Local Governmental Entities which are
a party to this Agteement have duly authorized the execution and delivery of a Participation
Agt'eement obligating such Governmental Entity to full perfOlmance of this Agreement; and
WHEREAS, it is the intent of this Agreement to allow participation by additional Local
Governmental Entities in the self-insurance fund created hereby, pursuant to the terms and conditions
of this lnterlocal Agreement;
NOW, THEREFORE, by vittue of the execution and delivery of a Participation Agreement,
the pmties hereto do hereby covenant and agree as follows
SECTION I
INCORPORATION OF RECITALS
The foregoing WHEREAS clauses are incorporated in, and made a part of; this Amended
lnterlocal Agreement.
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3
SECTION n
DEFINITIONS
The following defmitions shall apply to the provisions of this Amended Interlocal
Agreement:
2.1 ADMINISIRAIQR. An individual, partnetslrip or corporation engaged by the Fund to
carlY out the policies of the Fund and provide the day-to-day executive management
and oversight ofthe Fund's opelations, including, but not lintited to, administtation,
marketing, underwriting, quoting, issuance, maintenance and auditing of coverage
terms, coordinating other thud party service plOviders retained by the Fund and
ensming that the policies and decisions ofthe Board of Trustees ar'e implemented,
2.2 CLAIMs MANAGEMENI. "Claims Management" shall mean the process of
identif'ying, receiving, handling, acljusting, reserving, resolv;ng and planning for the
funding of eligible clams made by or against any Member of the Trust and any other
necessary risk management operations.
2.3 CONIRlBUnoN(s). "Contribution(s)" shall mean any premium charge or other
consideration imposed or collected by, or on behalf of the Trust, from its Membets
based on criteria adopted from time to time by the Board of Trustees, Contributions
may be determined and set with respect to all Members, any individual Membet, or
othetwise, lhe terms "Contribution(s)", "Premium{s)" and "Premium
Contribution{ s)" are used interchangeably and synonymously throughout this
Agreement.
2.4 COVERAGE TERMs. "Coverage Terms" or "Coverage Agreetnents" shall mean the
telms and conditions of certificates of insutance, policies of insmaDce, endorsements
to policies of insmance, excess insurance policies and reinsmance policies which ar'e
provided to Fund Members from time to time which comprehensively set forth, the
insurance coverages prov;ded to the Fund Members, as may he modified or altered
from time to time with respect to all Members, any individual Member, or otherwise,
within the applicable notice and procedUlal requirements of law, or in any other rules
and regulations adopted by the Board of T mstees"
2.5 FuND. "Fund" shall mean the group self-msurer's fund or trust fund which is hereby
created for the pmposes set forth herein, known as the Preferred Governmental
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2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2..15
InsUlance TIllst. The telms "Fund", "TIUst" and "TIllst Fund" are used
interchangeably and synonymously t1nuughout this Agreement..
LocAL GoVERNMENIAL ENIIIY OR ENTITIES. "Local Governmental Entity 01
Entities" shall mean any "public agency" as defined by Section 163.01(3)(b), Florida
Statutes.
MEMBER. "MembeI" shall mean a Local Governmental Entity which has duly
executed a Participation Agreement and otherwise has complied with all provisions
of this Agreement, and which thereafter is entitled to all the lights and benefits
conferred by, and subject to all conditions and obligations imposed by, this
Agreement, the Coverage Terms, or any rules and regulations which may be adopted
by the BOllld of T IllStees..
NON-COMPLIANCE. "Non-Compliance" shall mean the failure to comply with the
terms of this Agreement, the Coverage Terms, or any rules and regulations which
may be adopted by the BOllld of TlUstees, but only to the extent that such Non-
Compliance is deemed material by, and within the sole discretion of, the Board of
Trustees.
PARIICIPAIION AGREEMENI. "PlIIticipation Agreement" shall mean the application
for membership ih the Prefened Govemmentallnsmance TlUst pursuant to which an
applying member agrees to be bound by the provisions of the Florida Workers'
Compensation Act, this Amended Interlocal Agreement, the rules and legulations
adopted by the Board of Trustees of the Fund, and when accepted by the Board of
Trustees 01 their duly authorized lepresentative, becomes a plIIt of the Interlocal
Agreement between the applying member and the Fund.
PREMlUM(s). "Premium(s)" shall mean "Contribution(s)".
PREMlUMCONIRlBUIION(S). "Premium Contribution(s)" shall mean Contribution(s}.
l'mRD-PARIY CLAIMS MANAGER. "Third-Palty Claims Manager" shall mean an
individual 01 organization providing claims management services to the Fund.
lRUSI. "Trusf' shall mean the "Fund".
TRUSlEES. "Trustees" or "Bollld of Trustees" shall mean the collegial body charged
with the operation and administration of the Fund pursuant to the provisions of this
Agreement.
TRUST FUND. "T lUst Fund" shall mean the "Fund"..
5
SECTION ill
ESTABLISHMENT OF "PREFERRED
GOVERNMENTAL INSURANCE TRUST"
AS A SELF-INSURED FUND
3.1 EsIAllLISHMENT. Ihe Preferred Govemmental Insurance Trust is hereby established
and created pursuant to the provisions of Atticle VIII, Section 2, of the Florida
Constitution, Sections 125.01, 163m, 624..4622, 76828(15)(a) and 111..072, Florida
Statutes, for the purposes, and with the powers, duties and obligations, as herein set
forth.
3.2 LOCATION. The location of the principal office of the Irust shall be determined from
time to time by the Boald of I IUstees.
3.3 PuRPOSES. Ihis Amended lnterlocal Agreement is made and executed, and the Fund
created hereby is established for the purposes of:
(a) Pooling Member's resources to fulfill Membels' legal liabilities and
obligations, including, but not limited to, providing for the payment of benefits under
the Florida Workers' Compensation Law;
(b) 10 minimize the cost of providing workers' compensation coverage by
developing and refining specialized claim services, by developing and refining,
internally 01' through third parry service providers, a managed care system, together
with the development and refining onoss prevention programs for the Members;
(c) To payor provide for genelBIliability and casualry coverage to participating
Members, including, but not limited to, public officials enors and omissions,
employment practices liability and law enforcement liability claims;
(d) To payor provide for property coverage to participating Members;
(e) 10 pay for or provide to its participating Members coverage in anticipation of
any judgment or settlement resulting fiom a civil rights action arising under federal
law;
(f) To pay for or provide to patticipating Members covelBge in anticipation of
any claims bill passed by the Legislature;
(g) 10 pay for 01' provide to participating Members coverage for any other risk
authorized under Flodda law to be self-insured;
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3.4
(h) To pay for 01 pIOvide to palticipating Members all or a palt of such
3.5
coverages.,
This Agreement is not intended to create a partnership 01 other legal entily whereby
one Member assumes the obligations of another Member, or the obligations of the
Fund in general..
NON-ASSESSABlLITY. Should a deficit develop in the TIllst, after excess reinsmance
recoveries, whereby claims or other' expenses cannot be paid, each' individual
Member shall assume liability for the costs of claims bHlught against that Member as
if such Member were individually self-insured, Each individual Member shall
thereafter be responsible for its individual costs including, but not limited to, claims
administration without an obligation to, or a right of contribution from, other
Members.
POWERS. The TIllst shall have all the rights, powers, duties and ptivileges as set
forth in Article VITI, Section 2 of the Florida Constitution, and Sections 163..oJ, et
seq", 624.4622, 76828(15)(a) and 111.Q72, Florida Statutes, and any other applicable
FlOIida Statutes, which are necessary to accomplish the pmposes desctibed in Section
3.3, including but not limited to the following:
(a) Secming the payment of benefits under Chapter 440, FlOlida Statutes.
(h) Collecting premiums from Members fOI the pmpose of paying for or
pIOviding casualty, pmperty, and liabi1ily coverage, and SecUIing the payment of
claims associated therewith"
(c) Paying for OI providing coverage for any other tisk authOlized under FlOIida
law to be self-insured"
(d) Paying for 01' pmviding all or a part of such coverages.
(e) To make, enter into, and llIrange fm insurance, reinsmance, excess inSUIance,
catastrophic inswance, stop-loss insmance, or any other' coverage as the Fund shall
deem necessary and appmpIiate, without such pUIc1rase being deemed a waiver of
sovereign immunity.
(f) To pay, or approve the payment of; any expenses and fees associated with the
operation of the Fund,
(g) To indemnify and hold harmless any T Illstee, officer of the Fund, or any
person acting on behalf of the Fund, to the fullest extent such indemnification is
permitted by law, against (1) reasonable expenses actually and necessarily incmred in
7
connection with any threatened, pending or completed action, suit or proceeding,
whether civil, administrative or civil investigative, including any action, suit or
proceeding by or on behalf of the Fund, seeking to hold said person liable by reason
of the fact that he or she was acting in such capacity, and (2) reasonable payments
made by him ot her in satisfaction of any judgment, monetalY decree or settlement
for' which he or she may have become liable in any such action, suit or proceeding by
reason of the fuct that he ot she was acting in such capacity" This indemnification is
not intended to, and does not, waive any immunities provided to Members of the
Fund, Trustees serving in their capacity as Trustees to the Fund, or to officers or
employees of the Fund, by virtue of the laws ofthe state of Florida, but is merely in
addition to such rights, privileges and immunities. (Ref 624.489 and 76828, FS).
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SECTIONN
ADMINISTRATION OF FUND
4.1 MEETINGS. The Board of Trustees shall meet at such time and in such location as
may be acceptable to a rnajotity of the Board of Trustees The Chairman of the
Board of Trustees or his designee shall set the date, time and location of each
meeting, and notice thereof shall be furnished to each T IUstee by the Chaitman ot his
designee not less than ten (10) days prior to the date ofsucn meeting. Such notice
shall specifY the date, time and location of such meeting and may specifY the propose
thereof; and any action proposed to be taken there at. Such notice shall be directed to
each Trustee by mail to the address of such I rustee as is recorded in the office 01'
offices of the Fund.. In no event shall the Board of I rustees meet less than qUllltelly.
The Chairman of the Board or anylhtee (3) Trustees may call a special meeting and
direct the Administrator to send the prerequisite notice for any special meeting of the
Board of T Iustees. Special meetings of the Bomd of Trustees may be held at any
time and place without notice, or with less than the prerequisite notice, pI'ovided all
T mstees execute a waiver of notice and consent to said meeting,
For pwposes ofa duly called meeting of the Board of Imstees, a quotwn shall exist
if a majority of the members of the Boanl of Trustees are present
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4.2
4.3
The Administrator shall keep minutes of all meetings, proceedings and acts of the
Board of Trustees, but such minutes need not be vel batim.. Copies of all minutes of
the Borod of T Iustees shall be sent by the Administrator to all T IUstees.
VOTING. All actions by, and decisions of~ the Borod of TlUstees shall be by vote of a
majOIity ofthe Trustees attending a duly called meeting of the Board of T IUstees at
which a qUOIum is present; however, in the event ofa duly called special meeting, all
actions by, and decisions of; the Board of T IUslees may be by vote of a majority of
the Trustees present and attending such special meeting if a proper waiver of notice
and consent was obtained as pIovided heIein,
OFFICE 01' IRE I'UND. The Board of Tmstees shall establish, maintain and provide
adequate funding for an office or offices for the administration of the Fund, The
address of such office or offices shall be made known to the units of local
governments eligible to pmticipate in, or p81ticipating in, the Fund.. The books and
recoIds peItaining to the Fund and its administration shall be kept and maintained at
the office or offices of the Fund,
EXECUIION 01" DOCUMENIS. A certificate, document, or otheI instrument signed by
the Chairman or the Administrator of the Fund shall be evidence of the action of the
Borod of T IUsteeS and any such certificate, document, OI other instrument so signed
shall conclusively be preswned to be authentic.. Likewise, all acts and matters stated
therein shall conclusively be preswned to be true..
APPOINI'MENf OF ADMINISIRAroR. The tIUslees shall designate and plOvide
compensation for an Administrator to administer the affairs of the Fund.. Any
Administrator so designated shall furnish the boald of TlUstees with a fidelity bond
with the T Iustees as naIned obligee.. The amount of such bond shall be deteImined by
the Trustees and the evidence thereof shall be available to all units of government
eligible to paIticipate, or pmticipating in, the Fund,
COMPENSAIION AND RElMBURSEMENI OF IRUSIEES. The BOald of Tmstees may
from time to time establish a reasonable amount of compensation to cover attendance
at a duly called meeting by the BOald of Tmstees, OI to covel the peIfonnance ofthe
normal duties of a Trustee.. Such compensation shall include reimbUIsement for
reasonable and necesSaIY expenses incun'ed therewith,
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4.4
4.5
4.6
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5.1
SECTION V
NUMBER. QUALIFICATION. TERM OF OFFICE
AND POWER AND DUTIES OF TRUSTEES
5.2
NUMBER AND OUALIFICAIION OF IRUSIEES. The operation and administration of the
Trust shall be the joint responsibility of a Board of Trustees consisting of seven. (7)
Trustees. No Trustee may be elected who is, or continue to serve as a Trustee after
becoming, an owner, officer, or employee of a service provider to the Fund. Each
Trustee shall be an elected official ofa Member. No two (2) TIUsteesmay be elected
officials from the same Member. Each Trustee shall serve for a period of four (4)
years, or the balance of such Trustee's term of office as an elected official of the
Member, whichever shall fust occur. A Trustee may serve successive foUI' (4) year
terms provided such Trustee continues to remain an elected official of a Membet..
Each and every Trustee named, and each successor Trustee, shall acknowledge and
consent to their election as a Trustee by giving written notice of acceptance of such
appointment to the chaiIman, or acting chanman of the Board of T lustees"
RESIGNAIION AND REMOVAL OF A TRUSTEE. A Trustee may resign and become and
remain fully discharged from all further duties 01' responsibilities hereunder, by
giving at least sixty (60) days prior written notice sent by certified mail, overnight
delivery or other appropriate method of delivery to the chaiIuran or' acting chairman
of the Board of Trustees" Such notice shall state the date said resignation shall take
effect, and such resignation shall take effect on the date designated unless a successor
I rustee has been elected at an earlier date as herein provided, in which event
resignation shall take effect immediately upon the election of such successor Trustee..
Additionally, oral notice of resignation may be given at any duly convened meeting
of the Trustees, which said oral notice of resignation shall be incorporated, and made
a part of, the minutes of such duly convened meeting. A Trustee may be removed by
a majority vote of the Board ofIrustees or by a majority vote of the Members. Any
Trustee, upon leaving office, shall forthwith turn over and deliver to the cbaiIrnan or
the secretary of the T IUstees at the principal office of the Trust any and all records,
books, documents or other property in such T IUstees possession, or under such
lIUstees control, which belongs to the Trust.
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5.3
ELEcnON OF SUCCESSOR IRUSlEE8. Success01 T IUstees shall be elected by a
majority vote of the Boald of Trustees. Nominations for the election of Trustees may
be made by the Board of Trustees or by any Member of the Fund
TRUSTEE TITLE. In the event of death, resignation, refusal or inability to act by any
one or mOle of the Trustees, the remaining T lustees shall have all the powers, rights,
estates and interests of this T lUst and shall be charged with its duties and
responsibilities; provided, howevel; that in such easels), no action may be taken
unless it is concwled in by a maj01ity of the remaining Tmstees.
IRUSIEE OFFICERS. The TlUstees shall elect from among themselves a chairman,
vice-chairman and secretalY of the BOald of Tlustees. Such officets shall be elected
annually at the end of the fiscal yeal' of the Tlust, and may succeed themselves,
POWERAND AUIHORIIY. The BOald of Tlustees shall be chalged with the duty of
the genet'al supelvision and opetation of the Fund, and shall conduct the business
activities of the Fund in accordance with this Agn,ement, its by-laws, mles and
regulations and applicable fedelal and state stalntes and mles and regulations, In
connection thet'ewith, the BOald of Trustees may exelcise the following authority and
powers: '
(a) To collect premiums from palticipating Members in an amount individually
agreed to by the Fund and said Members for the purpose of paying fm 01' providing
the covelages provided in this Agreement to participating Membel'S..
(b) To pay for 01 provide such excess inswance 01' reinsmance coverage as is
necessary to accomplish the pwpose of the Fund,
( c) To bOlrow funds, issue bonds and other celtificates of indebtedness, and
ronmge for lines or lettel s of credit to assist in Ploviding the coverages provided in
this Agreement to palticipating Members,
(d) To pay for 01' plOvide appropliate liability and othel types of insmance to
covel' the acts of the Board of Tmstees of the Fund.
(e) To contract with appropriate plofessional selvice providers to meet the
pmposes of the Fund, and to expend funds for the reasonable opelating and
administrative expenses of the Fund, including but not limited to, all leasonable and
neceSSalY expenses which may be inculIed in connection with the establishment of
the Fund, in connection with the employment of such administrative, legal,
accounting, and othel expelt 01 clerical assistance to the Fund, and in connection with
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5.4
5.5
5.6
the leasing and pwchase of such premise, matedal, supplies and equipment as the
Board, in its discretion, may deem necessary for or applOpriate to the pelformance of
its duties, or the duties of the Administrator or the other agents or employees of the
Fund
(f) 10 pay claims the Fund becomes legally obliged to pay pursuant to the
Coverage Agreements enteled into by and between the Fund and participating
Members.
(g) To establish and accumulate as pmt ofthe Fund adequate Ieselves to canyout
the putposes of the Fund.
(h) To pay plemiwns on, and to otherwise secure or provide, insmance products
that are ancillary to the coverages authmized by this Agreement.
(i) 10 invest and reinvest funds that may come into the possession of the Fund
(j) 10 assume the assets and liabilities of the Fund.
(k) To take such actions and expend such funds as ale Ieasonably necessmy to
facilitate the cessation of the business of the Fund.,
(I) To exercise such powels that are authorized to be exercised by trustees under
and pUl'suant to the laws ofFlmida
(m) To take such otheI action and expend such funds as are Ieasonably necessmy
to accomplish the pwposes of the Fund,
5.7 APPROVAL OF MEMBERS. The Board of Tmstees, after the inception of the Fund,
shall receive applications fm membership from pmspective new pmticipants in the
Fund and shall approve applications fOI membelship in accordance with the telms of
this Agreement, any Pmticipation AgIument, applicable federal and state statutes
arId mles and regulations, and the mles and regulations established by the Bomd of
Trustees for the admission of new members into the Fund; provided, however, no
prospective membet' may pmticipate in the Fund unless such prospective member is a
public agency of the state. As used helein, the pbtase "public agency" includes, but
is not limited to, the state, its agencies, counties, municipalities, special districts,
school districts, and other govemmental entities; the independent establisbtnents and
constitutional officers of the state, counties, municipalities, school distticts, special
districts, and other govermnental entities; and cmporations pdmmily acting as
instrumentalities or agencies of the state, coWlties, municipalities, special distticts,
school districts, and other governmental entities.. The Bomd of Irustees shall be the
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(V
5.8
5.9
sole judge of whether or not an applicant fOJ membership shall be eligible to
participate in the Fund; provided, however, the Board of Trustees may delegate the
functions associated with approval of Membets to the Administrator.
REPORIING. The Board of Trustees shall be responsible for and shall cause to be
prepmed and filed such annual or other periodic audits, reports and disc10sUlcs as
may be required fl'Om time to time pmsuant to applicable federal and state statutes
and rules and regulations, including, but not limited to, petiodic payroll audits,
periodic summary loss reports, petiodic statements of financial condition, certified
audits, appr'Opriate applications filed by prospective new metnbers, repOJts as to
financial standings, payroll records, repOJts relating to coverage, expetience, loss and
compensation payments, summmy loss data statements, periodic status reports, and
any other such reports as may be required wm time to time to accomplish the
pUlpose of the Fund or to satisfy the requirements of appropriate governmental
entities.
5.10
IRUSTEES' UABILIIY. The Trustees and their agents and employees shall not be
liable fOJ any act of omission or commission taken pursuant to this Agreetnent unless
such act constitutes a willful breach offiducimy duties nor shall any Trustee be liable
for any act of OIUission or commission by any other Trustee or by any employee or
agent of the Fund. The Fund hereby agrees to save, hold baImless and indenmify the
Trustees and their agents and employees for any loss, damage or expense incUIred by
said persons or entities while acting in their official capacity on behalf of the Fund.
. unless such action constitutes a wil1:fu1 breach of fiduciary duties.
RELIANCE ON COUNSEL'S OPINION. The Board of Trustees may employ and consult
with legal counsel concetning any questions which may mise with reference to the
duties and POWet. of the Board of Trustees Ol with reference to any othet. matter
pertaining to this Agreement or the Fund created thereby; and the opinion of such
counsel shall be full and complete authoriZation and protection wm liability arising
out of or in respect to any action taken OJ suffered by the Bomd of Trustees or' an
individual Trustee acting hereunder in good faith and in accOIdance with the opinion
of such counseL
BY-LAWS. RULES AND REGULAIIONS. The Board of Trustees may adopt and enforce
such by-laws, rules and regulations as between the Mernbet. of the Fund and the
5.11
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Fund governing the operation of the Fund as are consistent with the terms of this
Agreement and as are reasonably necessary to accomplish the pmposes of the Fund.
SECTION VI
POWERS AND DUTIES OF THE ADMINISTRATOR
RESPONSmILIIIES. The Administrator shall have the power and authority to
implement the directives of the Board of Trustees and the policy matters set forth by
the Board of Trustees as they relate to the on-going operation and supervision of the
Fund, the by-laws, rules and regulations established by the Board of T IUstees, the
provisions of this Agreement, and applicable federal and state statutes, rules and
regulations. The powers, duties and responsibilities of the AdminislIator retained by
the Board of Trustees shall be set forth in an AdminislIative Agteement executed
between the Board of Trustees and the AdminislI ator.
6.2 CONTRIBUTIONS. The AdminislIator shall deposit into the account or accounts
designated by the Board of Trustees, at the financial institution or institutions
designated by the Board of Trustees, all contribntions as and when collected from the
Members and said monies shall be disbmsed only in the manner provided by this
Agt'eement, the Coverage Agreements, the rules, regulations and by-laws of the
Board of Trustees, and the Agteement entered into by and between the Board of
Itustees and the AdminislIator.
6.1
SECTION VI1
MEMBERS
7.1
MEMBERSHIP CANCELLATION. SUSPENSION OR EXPULSION. The Board of Trustees
shall be the sole judge of whether membership in the Fund may be cancelled, or
whether a member may be suspended or expelled from the Fund; provided, however,
the Board of Trustees may delegate the functions associated with cancellation,
suspension or expulsion of a Member to the AdminislIator. Written notice of any
such cancellation, suspension or expulsion shall be provided by the Fund to the
member no less than thirty (30) days prior to the effective date of such cancellation.
suspension or expulsion, and no liability under this Agt'eement or any other
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7.2
agreement, celtificate, document, 01' othel insliument executed by the Fund and the
membel pursuant to this Agreement, shall aCClUe to the Fund following the effective
date of such cancellation, suspensions or expulsion. The minima] notice pI'Ovisions
of this paragmph shall not apply in the event a membel fails to make the requisite
contributions fO! COVel ages under this Agreement when such contIibutions are due,
RESPONSIBILITIES OF MEMBERS. By execution of a Palticipation AgIeement agreeing
to be bound by the telms and conditions of this Amended Intelloca] Agreement, each
MembeI' agr'ees to abide by the following IUles and regulations:
(a) The Ttustees have the sole responsibility to govem and dir'ect the affaiIs of
the Fund pmsuant to this AgIeement.
(b) Any MeIUber who formally applies for Membelship in this Fund, and who is
accepted by the Board of fIustees, shall theIeupon become a party to this Amended
InteIlocal Agreement and shall be bound by all of the telms and conditions contained
herein.. The P81ticipation AgreeIUent shall constitute a counterpart of this Amended
InteIlocal Agr'eement, and this Amended InteIlocal AgreeIDent shall constitute a
counteIpart of the Participation Agreement..
(c) 10 maintain a reasonable loss plevention progrnm in order to provide the
maxUnUIn in safety and lawful plactices as such may relate to the potential liability
assUIned by the Fund under this AgIeement or any othel agreement, celtificate,
docUlDent, or othel' instIument executed by the Fund and the Member pw'suant to this
Agreement,
(d) To comply with the conditions of the F]orida W orkel s' Compensation Law,
(e) To provide immediate notification in the event an accident or incident occms
which is ]ikely to give rise to a clainr within the scope of this AgIeement, or any other
agreement, celtificate, docwnent, or other instIument executed by the Fund and the
Member pursuant to this Agreement,
(f) 10 pmmptly make all contIibutions for covemges 81ISwg undel' this
AgI'eement, O! any other agreement, certificate, document, 01 other instIument
executed by the Fund and the MeIDber pursuant to this Agreement, at the time and in
the manner directed by the Bo81d of TlUstees, Said conuibutions may be reduced by
any discount, p81ticipation credit, 01' othel contIibution reduction program established
by the B081d of Ilustees"
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(g) In the event ofthe payment of any loss by the Fund on behalf of the Member,
the Fund shall be subrogated to the extent of such payment to all the rights of the
Member against any paIty or other entity legally responsible for damages resulting
from said loss, and in such event, the Member hereby agrees, on behalf of itself, its
officers, employees and agents, to execute and deliver such instruments and papers as
is requited, and do whatever else is reasonably necessary, to secure such right to the
Fund, and to cooperate with and otherwise assist the Fund as may be necessary to
effect any recovery sought by the Fund pursuant to such subrogated rights
(h) The BOaId of Trustees, its Administrator, and any of their agents, setvants,
employees or attorneys, shall be permitted at all reasonable times and upon
reasonable notice to inspect the property, work places, plants, works, machinery and
appliance coveted pursuant to this Agreement, or any other' agreement,certificate,
document, or other instrument executed by the Member and the Fund pursuant to this
Agreement, and shall be permitted at all reasonable times while the Member
participates in the Fund, and up to and including two (2) years following the
termination of its membership in the Fund, to examine the Members' books,
vouchers, contracts, documents and records of any and every kind which show or
tend to show OJ verify any loss that may be paid or may have been paid by the Fund
on behalf of the Member' pursuant to this Agreement, or any other agreement,
certificate, document, or other instrument executed by the Member and the Fund
pursuant to this Agreement, or which show or verify the accuracy of any contribution
which is paid or payable by the Member pursuant to the terms of this Agreement, or
any other' agreement, certificate, document, or other instrument executed by the
Member and the Fund pursuant to this Agr'eement.
(i) The Fund is to defend in the name and on behalf of the Member any claims,
suits OJ other legal proceedings which may at any time be instituted against the
Member on account of bodily injury liability, property damage, property damage
liability, errors and omissions liability or any other such liability, monetary or
otherwise, to the extent such defense and liability has been assumed by the Fund
pur suant to his Agr'eement, or any other agreement, certificate, document, or other
instmment executed by the Member and the Fund pursuant to this Agreement, subject
to any and all of the definitions, terms, conditions and exclusion contained in said
agr'eements, or any other agreement, certificate, document, or other instruments,
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although such claims, suits, allegations or demands are wholly glOundless, false,
fraudulent, and to pay all costs taxed against the Member in any such legal
proceedings defended by the Fund or the Member, all interest, if any, legally accruing
before and after entry of judgment in such proceedings, and all expense incUIl'ed in
the investigation, negotiation 01 defense of such claims, suits, allegations or demands.
Such defense shall be subject to the control of the Fund and its Administrator, which
may make such investigations and settlement of any such claim, suit, or other legal
proceeding, monetary or otherwise, as they deem expedient. The Member agrees to
cooperate fully with the Fund, its administrator and their agents, with respect to the
investigation, adjustment, litigation, settlement and defense of any claim, suit, 01
other legal proceeding, monetary or' otherwise, which would he covered by the terms
of this Agreement and/or any policies ofinsUIance, excess insurance orre-inSUIance
which have been purchased to provide pl'Otection against such claims and liabilities,
The Member' acknowledges that failure to cooperate fully in the investigation,
defense or litigation of such claims, suits, or liabilities may constitute grounds for
denial of coverage pursuant to this Agreement and/or the applicable policies of
inswance.
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(j) The liability of the Fund is specifically limited to the discharge of the liability
of its Members assumed pursuant to this Agreement or any other agreement,
certificate, docwneilt, or other instrument executed by the Member and the Fund
pursuant to this Agreement; the coverage of the Fund does not apply to punitive 01'
exemplary damages,
(k) Unless the Fund and the Member otherwise expressly agree in writing,
coverage by the Fund fOl a Member under the terms of this Agreement, 01 any othel
agreement, certificate, document, or other instrument executed by the Member and
the Fund pUISuant to this Agreement, shall expire automatically on the last day of
September' of each calendar year, and no liability under this Agreement, 01' any other
agreement, certificate, document, or other instrument executed by the Member and
the Fund pUIsuant to this Agr'eement, shall accrue to the Fund beyond such expiration
date unless such Member renews its coverage.
(1) Except as otherwise provided herein, a Member's coverage may be cancelled
by the Fund or the Member at any time upon no less than thirty (30) days prior
written notice by the Board of Trustees 01' Administoator to the Member', or by the
17
Member to the Board of Trustees, The notice shall state the date such cancellation
shall become effective.
(m) Excess monies remaining aftet the payment of claims and claims expenses,
and after provision has been made for the payment of open claims and outstanding
reserves, may be distributed by the Board of Tt ustees to the Members participating in
the Fund in such'manner as the Board of Trustees shall deem to be equitable,
(n) There will be no disbursements out of the reserve fund established by the
Fund by way of dividends or distributions of accumulated reserves to Members until
after provision has been made fot all obligations against the Fund and except at the
discretion of the Board of Trustees,
(0) Qualified service providers, including attorneys selected by the Fund, shall
defend, investigate, settle and otherwise process and dispose of all claims, suits,
allegations or demands that may result in liability assumed by the Fund on behalf of
the Member pursuant to this Agreement, or any other agreement, certificate,
document, or other instrument executed by the Member and the Fund pursuant to this
Agreement
(P) The Member, through the Board of Trustees, does hereby appoint the
Administrator as its agent and attorney-in-fact, to act on its behalf and to execute all
necessary con1tacts, reports, waivers, agreements, excess insurance con1tacts, service
con1t'acts, and other' documents reasonably necessary to accomplish the pmposes and
to fulfill the responsibilities of the Fund; to make or arrange for the payment of
claims, claims expenses, and all other' matters tequited or' necessary insofar as they
affect the matters covered pmsuant to the teuns of this Agreement, or any other
agreement, certificate, document, or other ins1tument executed by the Member and
the Fund pm"Suant to this Agreement, and the rules and regulations now or hereafter'
promulgated by the Board ofT rustees,
(q) To make prompt payment of all con1tibutions and penalties as required by the
Board of Trustees, said con1tibutions ot penalties to be determined by the Board of
Trustees, Any disputes concerning con1tibutions or penalties shall be resolved after
the payment of'said con1tibutions 01 penalties.
(r) To pay reasonable penalties as determined by the Board of' Trustees for late
payment of conttibutions requited under this Agreement, or any other agreement,
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celtificate, document, OI other instrument executed by the Member and the Fund
pwsuant to this Agreement
(s) CoveIage by the Fund undel the telms of this Agreement, or any other
agreement, cettificate, document, 01 other instIument executed by the Member and
the Fund pursuant to this Agreemeut, shall expiIe and be cancelled, upon no less than
ten (10) days plior Wlitten notice from the Fund to the Member, for nonpayment of
contributions
(t) 10 abide by all the tetIDs and conditions ofthis Agreement, the PllIticipation
Agteement, the Fund's by-laws, the IUles and legulations, the telms of any covetage
document issued by the Fund to the Member, and any othet agteement, CCltificate,
document, 01' other instrument executed by the Membel and the Fund pursuant to this
Agteement.
(u) Each Member voluntarily tr1lllsfets to the llUst any lights and plivileges such
Member eJ1joys undel the laws of the State ofFlOIida, including Sections 163.01, and
768.28, FIOIida Statutes, and specifically those statutOlY provisions peltaining to such
Member's sovereign iInmunity and the applicable limitations of the Member's
liability to $100,000.00 pel individual claim, and to $200,000.00 for multiple claims,
ll1ising out of the same tIansaction. The Pillchase of insurance or indemnity
henmndel. shall not be deemed 01 be constIued as a waivet of soveleign immunity by
the Members.
SECTION VIII
ACCOUNTING
Tille and complete accounts shall be kept ofa11 tIansactions and of all assets and liabilities of
the Illlst. Ihe accounts of the Imst shall be audited annually by a firm of independent
celtified public accountants, which sha11 be selected by the Board of I IUstees.
SECTION IX
DURATION
This Agreement shall continue in full fOlce and effect until it is telminated by the mutual
consent of all the Membels; provided, however, that this Section IX shall not be constIued to
preclude the temrination and winding up of the T lUst within the discretion of the BOll1d of
I IUstees, or the amendment of this Agreement pillsuant to Section X.
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SECTION X
AMENDMENT
This Agreement may be amended upon the written consent of the Membets of the Fund..
Execution of a Participation Agreement or renewal of coverages piovided by the Fund shall
constitute such written consent.
SECTION XI
STATUTES. RULES AND REGULATIONS
Ihe Irust shall at all times act in accordance with the provisions of statutes, rules and
regulations of the State of Florida
SECTION xn
MISCELLANEOUS PROVISIONS
12.1 PROlllBIIION AGAlNsr AsSIGNMENT. No Membet. may assigu any right, claim, or
interest it may have under this Agreetnent, or any coverage tetm, and no creditor,
assiguee, or third-party beneficiary of any Metnber shall have any right, claim, or title
to any part, share, interest, fimds, or assets of the I rust except as specifically may be
agreed to by the Trust.
12.2 APPLICABLE LAw. Ihis Agreement shall be govemed by and construed in.
accordance with the statutes, rules and regulations of the State of Florida, and all
questions pertaining to its validity, construction, and administration shall be
determined in accordance with the laws ofthe State of Florida.
12.3 ENFORCEMENf. I he I rust and its Members shall have the power to enforce this
Agreement by action brought in any court of appropriate jurisdiction within the State
of Florida..
12.4 SEVERABILIIY. If any tetm or provision of this Agreement, or the application of
such term or provision to any person or circumstance, shall to any extent be invalid or
unenforceable, the remainder of this Agreement and the application of such term or
provision to persons or circumstances other than those to which it is held invalid or
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unenfon:eable shall not be effected, and each tenn or provision of this Agteement
shall be valid and enforceable to the full extent peImitted by law.
12.5 CONSIRUCIION. Whenever any words ate used in this AgIeement in the masculine
gender, they shall be construed as thought they wele also used in the feminine or
neutIal gender in all situations where they would so apply, Whenevet' any words ate
used in this AgIeement in the singular, they shall be construed as though they were
also used in the pluml from in all situations wheIe they would so apply. Whenevet'
any WOlds me used in this Agreement in the plmal fOlID, they shall be construed as
they thought were used in the singullll fonn in all situations whele they would so
apply_
12.6 FISCAL YEAR. The Fund shall operate on a fiscal year flOID 12:01 a.m",Octobel 1, to
midnight the last day of SeptembeI of the succeeding yell Application fO!
membelship, when approved in writing by the Board of Tmstees or its designee,
shal1 constitute a continuing contract for each succeeding fiscal year unless cancelled
by the Bomd of T mstees or the participating Membel in the maImeI hetein provided.
By execution of the attached Pmticipation Agreement 01' lenewal of covel ages provided by
the Fund, and upon acceptance by the Board of Trustees, or their designated agent, the Member
agrees to be fully bound by the tenus and conditions of the Amended Intellocal AgI'eement, effective
Octobel 1,2004, and thereafteI'.
21
HOME Of PWCAN ISlAND
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
~
Agenda No. Df) .1 K'J
Department Origin: Growth Maoagem~
Purchasing/Contracting:
Finance Director:
City Attorney:
City Clerk:
geJ:z
Subject: Resolution R-05-35 Final Plat for
Fischer Lake Island, Phase Seven
r Submittal by: City Manager
Date Submitted: September 7, 2005
For Agenda of: September 14, 2005
Exhibits: R-05-35, Application, and Plat.
EXPENDITURE REQUIRED: AMOUNT BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY
Henry A. Fischer submitted ao application for final plat of Fischer Lake Islaod, Phase Seven.
Fischer Lake Islaod is designed as a deed restricted private single-family community. Phase Seven
consists of one block containing 3 total lots, aod is the last phase of this subdivision.
The developer completed all infrastructure aod site development requirements during Phase One
construction, including installation of a closed drainage system with curb aod gutter road sections.
Access to Phase Seven will be accomplished via Eagle's Circle aod Erica's Way, within the
subdivision, aod access to the subdivision is via Watervliet Street, which intersects with CR-512 at
CR-51O.
Staff has verified that Phase Seven is in accordaoce with the approved preliminary plat as approved
by Resolution R-97-02 on March 5, 1997. The City Attorney has reviewed the plat dedications.
Additionally, all engineering, aod surveying details have been completed in accordaoce with Florida
Statutes.
RECOMMENDED ACTION
Approve Resolution R-05-35 accepting the final plat for Fischer Lake Islaod, Phase Seven.
@
RESOLUTION NO. R-05-35
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS
FISCHER LAKE ISLAND, PHASE SEVEN; PROVIDING FOR
CONFLICTS AND EFFECTIVE DATE.
WHEREAS, Henry A. Fischer, has filed an application for approval of a final plat for a
subdivision known as Fischer Lake Island, Phase Seven; and
WHEREAS, said final plat complies with applicable State and City codes and
regulations;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF SEBASTIAN, as follows:
Section 1. FINAL PLAT APPROVAL. The City Council does hereby approve
the final plat for Fischer Lake Island Phase Seven prepared by James A. Fowler dated August 4,
2005.
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith
are hereby repealed.
Section 3.
immediately.
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember and, upon being put into a
vote, the vote was as follows:
EFFECTIVE DATE.
TIris resolution shall take effect
Mayor Nathan McCollum
Vice-Mayor Brian Burkeen
Councilmember Lisanne Monier
Councilmember Andrea Coy
Councilmember Sal Neglia
The Mayor thereupon declared this Resolution duly passed and adopted this 14th day of
September, 2005.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Mayor Nathan B. McCollum
Approved as to form and legality for
reliance by the City of Sebastian only:
Sally A. Maio, MMC
City Clerk
@)
Rich Stringer, City Attorney
~
HOME OF PEUCAN ISLAND
City of Sebastian
Develo ment Order A
Permit Application No.
A Iicant If not owner, written authorization
Name: H
Address: 0 (;f s A
Phone Number (]]2..) s:;r:r .~ j ~-~
E-Mail:
uired
Owner If different from a Iicant
Name:
Address:
Phone Number: (
FAX Number: (
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):
FiSC,
- /500
B. Site Information
Address:
Lot:
S
Block:
1 C. -1.( - 3C
Unit: Subdivision:
Indian River County Parcel #: 3; ~ <; } Lf- DooOO- 5000""- octXn.o
Zoning Classification: ,s I\S 2..0
Existing Use: .
C. Detailed description of proposed activity and purpose of the requested permit action (attach
extra sheets if necessa~):
DiviSION of 0. ';"'ye..Jmd- ot 101Ncl i~~<> svVl",lIer~" o-t
I~
DATE RECEIVED: Lilt. I o~
FEE PAID: $ 5'c:o.~
eMf-a ?>:L'f
Permit Application No.
D. Pro'ect Personnel:
A ent:
Name:
Address
Phone Number: (
FAX Number: (
E-Mail:
e
Address S'bS-
Phone Number: (nz ) 6~8'1._ I
E-Mail:
C66
Surve or:
Name: ~ me
Address g i .3J-i~
Phone Number: (};)2. ) S62 -
E-Mail:
, e r , BEING FIRST DULY SWORN, DEPOSE AND SAY
L REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED W
, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETC
AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
AT: I AM THE OWNER I
IS THE SUBJECT MATTER OF THIS
OVIDED IN THIS APPLICATION ARE
SWORN TO AND SUBSCRIBED BEFORE ME BY J-I-e n r'-j ~ F,sc-- h-e-I
WHO IS PERSONALLY KNOWN TO ME OR PRODUCED
AS IDENTIFICATION, THIS.....1.S..... DAY OF p.. '8'1:""1- , 20o.s .
NOTARY'S SIGNATURE ~.,~, ~rl
PRINTED NAME OF NOTARY ODM ~n~.trrr
COMMISSION No.lExPIRATION T"'ln 1(\ 1I.1!RQ l"lS ,,-,,-ac
t;;,{\ __ ~.,_,
V {:!,Ji,',,:,~ MYCOMMISSION# 00101489 EXPIRES
"".~{.f May 1, 2006
~.~~(. :~. f',if,.," 80NDWTHRU TROY FAiN INSURANC~ INC
,."",1
Permit Application No.
The following Is required for all comprehensive plan amendments, zoning amendments
(Including rezoning), site plans, conditional use permits, special use permits, variances,
exceptions, and appeals.
I/WE, -1- THE OWNER(~ / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS
THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE
BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN
CONNECTION WITH MY/OUR PENDING APPLICATION.
I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE
PROCEEOINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
PROMISES Y EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
~-/S--:l.-oO~
DATE
Sworn to and subscribed before me by --1-l eoH.,f ~F.. ~"{' .hey-
, known to me or produced
as identification, this day of A'-{1LMT- ' 20..Q,S..
~~~~+.~~
I)f) I O/l.J s.4 CS...oI-oG.>
Notary's Signature
Printed Name of Notary
Commission No.lExpiration
Seal:
,A-;r.~~'H:;;;;. Doris J. Grant
[.f"Js.:"A MYCOMMISSION# DDI01489 EXPIRES
,!,,;'~""l May 1, 2006
."tifr;,n.cr.::'~ BONDED THRUTROY FAIN INSURANCE, INC
~--.'"
~
@
HOME Of PELICAN ISIANIl
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
Subject: Resolution R-05-36 Final Plat for
Sebastian River Landing Phase Two
.
Agenda No. fJ5 .0' I
Department Origin: Growth Manaf!.etdtf.-
Purchasing/Contracting:
Finance Director:
City Attorney: 1."
City Clerk:
Submittal by: City Manager
Date Submitted: September 7, 2005
For A enda of: September 14, 2005
Exhibits: Resolution R-05-36, Application, Performance bonds, Non-monotonous plan, and Final Plat
EXPENDITURE REQUIRED: AMOUNT BUDGETED:
None
APPROPRIATION
REQUIRED:
SUMMARY
Evans Group, LLC and KB Homes have filed an application for final plat for the 63 acre, single-
family residential Sebastian River Landing Phase Two Subdivision. The private, deed-restricted
subdivision includes a total of 189 single-family units thus creating a density 00 .00 units/acre, and
is accessed by bridge via Bellamy Trail through Sebastian River Landing Phase One.
Staff has verified that the final plat is in accordance with the preliminary plat approved by Resolution
R-04-41 on October 27, 2004. The City Attorney has reviewed the plat dedications. The subdivision
is adopting Phase One's bylaws, covenants, and restrictions with the addition of a non-monotonous
color and building scheme, as required by condition of approval for the preliminary plat.
Additionally, all engineering, and surveying details have been satisfied in accordance with Florida
Statutes.
As allowed by the City's land development regulations, the developer has posted a bond in the
amount of 125% of anticipated construction completion costs so as to permit final platting prior to
completion of infrastructure and site development requirements. The City Engineer has reviewed and
accepted the estimated remaining costs, and the City Attorney has reviewed and approved the
performance bonds. The City has required a separate performance bond for the construction of the
sidewalks, which must be completed within two years. Currently sidewalks are constructed lot by lot
as each individual building permit is issued. The sidewalk bond will provide for a complete system
regardless ofremaining vacant lots after a reasonable period oftime of new home construction.
RECOMMENDED ACTION ;;,~
Approve Resolution R-05-36 to accept the final plat for Sebastian River Landing Phase Two. ~
RESOLUTION NO. R-OS-36
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS
SEBASTIAN RIVER LANDING PHASE TWO; PROVIDING FOR
CONFLICTS AND EFFECTIVE DATE.
WHEREAS, Evans Group, LLC and KB Homes, has filed an application for approval of
a final plat for a subdivision known as Sebastian River Landing Phase Two; and
WHEREAS, said final plat complies with applicable State and City codes and
regulations;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF SEBASTIAN, as follows:
Section 1. FINAL PLAT APPROVAL. The City Council does hereby approve
the final plat for Sebastian River Landing Phase Two prepared by Daniel D. Gamer bearing the
surveyor's date of September 6, 2005.
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith
are hereby repealed.
Section 3.
immediately.
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember and, upon being put into a
vote, the vote was as follows:
EFFECTIVE DATE.
This resolution shall take effect
Mayor Nathan McCollum
Vice-Mayor Brian Burkeen
Cotihcilmember Lisanne Monier
Councilmember Andrea Coy
Councilmember Sal Neglia
The Mayor thereupon declared this Resolution duly passed and adopted this 14th day of
September, 2005.
ATTEST:
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Nathan B. McCollum
Approved as to form and legality for
reliance by the City of Sebastian only:
Sally A. Maio, MMC
City Clerk
@
Rich Stringer, City Attorney
~ City of Sebastian
HOMEOfPlUcAA';w., Davelo ment Order A lication
A IIcant If not owner written authorlzatfon notarized from owner Is re
Name:
Permit Application No.
ulred
5
y
FAX Number: ('001 \ )/'51
E-Mail:
Owner If different from a IIcant
Name:
. d
p YV
FAX Number: (11C).)J'lq - 0;;>44
AddrellS:
E-Mail: PF
Title of permit or action requested:
'3
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, ORAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
I A. Project Name (If applicable):
. "5e.'COStlnn R.hl{V" I n\'\lli n~ D).lll~t il.vo
. Subdivision:
Lot:
Indian River County Parcel #:
Zoning Classification:
Proposed Use:
Future Land Use:
Existing Use:
C. Detailed description of proposed activity and purpose of the requas
extra sheets If necessarv):
S'On:::hV\5bf\ - 'fi no..\ ':PIc..-\-
DATE RECEIVED: ~..J:l3/~ FEE PAID: $ S~-6D
dLtb<i 7o't rfC(
RECEIVED B~
@
Permit Application No.
D. Pro'ect Personnel:
A ent:
Name:
E-Mali:
Attorne
fl r>1CSvMt'1. ~ot"'\
,
m t
Address
;;)45 in
Phone Number: (11Cl.)6"/J>q - 003':5
E-Mail:
E-Mali:
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; AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
ACCU AND TRUE TO THE B ST OF MY KNOWLEDGE AND BELIEF.
-;9 J-tJt', J.< ~ 005
IGNATURE ~ DATE-
SWORNTOANDSUBSCRIBEDBEFOREMEBY~~' :r(~. C-c..t1.r(',\;
WHO IS PERSONALLY KNOWN TO ME OR PRODUCED ___~.l>i..!.Ie _
AS IDENTIFICATION. THIS ...1. OAYOF 2i--".....~, ,200.
NOTARY'S SIGNATURE ~ ~
PRINTED NAME OF NOTARY U( L-,/' \:y.-.<{iL' ~{'L-/;:
COMMISSION No.lExPIRATION ~ ",. q
SEAL:
@
--....-.--
~I."?'Pi;;., . OAN' 'ERRY
{~i ';oj MY GOMJ~'" ")N i DO 300556
~....... ',!l EXPIRE". 'bru,'Y 7. 2009
')'Rf.,r.-.~ BonlIItdThI'UNlH.~'\'fublfcUndtrwllltra-
ENGINEERING, INC.
CONSUL TiNC ENC1NEERIN
August 23, 2005
Ms. Dori Bosworth
City of Sebastian
1225 Main Street
Sebastian, FI 32958
Via Hand Delivery
Subj ecl:
Sebastian River Landings II
Sebastian, Florida
Engineer's Project Number: 02-634D
Dear Ms. Bosworth:
In order to record the final plat for the subject project, please find attached a certified cost
estimate for the remaining required infrastructure improvements. Please note that the total
price for each item is the contract price less that portion which has, peen constructed or
performed, inspected by this office, and certified by this office for payment by the owner
to the contractor as of the date of this letter.
!tis proposed that a performance bond be accepted by the city in the amount of
$768,880.88, which is the grand total of the line items to be completed plus 25%. In
addition, a separate sidewalk bond is being provided for the construction of the required
sidewalk, which will be constructed during the individual lot 'home construction process n
or within two years, whichever comes first. The total 4' wide' sidewalk length is 7825 feet ~
x $12.001ft ~ $93,900.00.
Please review the attached and confirm that this is acceptable to the city. Should you have
any questions regarding the above subject, please call.
BAM/jeh
~~.
CD.'b~
\ ~ o'S:
",' .::;1415167);;
,',," , " 0';_ '
.' ~,,, " is>
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I i'{".,l1<>MG) 2..... r"
I <.!:I-:;::::..,N -.JI7/P'w
\ \l'> 119' <<::
\ <!1;=!. ~ $;'
'\ ~~ 4'
\, ,(, '(,~1j
lE'Of:6ZS~1J ,
cc: Mr. Pete Fraccaroli - KB Homes
........
,/~
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?4SS - 14TH AVFNIIF
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BOND NO.: 024022762
PREMIUM: $3,844.00
SUBDIVISION PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That KB HOME Treasure Coast LLC., as Principal and Liberty Mutual Insurance Company, a
corporation licensed to transact surety business in the State of Florida as Surety, are held and firmly bound
unto the City of Sebastian, as obligee, in the penal sum of Seven Hundred Sixty Eight Thousand Eight
Hundred Eighty and 88/100 Dollars ($768,880.88), for the payment of which sum well and truly to made,
we bind ourselves, our heirs, executors, successors and assigns, jointly and severally by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas said Principal, the owner ofa
tract of land representing a subdivision entitled Sebastian River Landing Phase 2, and
WHEREAS, the map of said tract on which Principal desires to construct
Subdivision Improvements
hereinafter referred to as improvements, and petition the obligee to accept the improvements, and
WHEREAS, said obligee requires a bond conditioned for the improvements of said tract, and
WHEREAS, the Principal proposes at its own cost and expense to improve said tract within the limits of
said subdivision.
NOW, THEREFORE, if the said Principal shall well and truly cause said improvements, as herein before
specified, within the limits of said subdivision to be improved, then this obligation shall cease and be void,
otherwise it shall remain in full force and effect, and the Surety on this bond binds itself to said Obligee, to
the amount on the herein above stated penal sum, that said improvements shall be completed in accordance
with the agreement between Principal and Obligee.
IN WITNESS WHEREOF, said Principal has hereunto set its hands and seals, and said Surety has caused
these presents to be executed by its officers thereunto authorized this 23rd day of August 200S.
By:
Liberty Mutual Insurance Company
/
By: (
az..1 V/!!t Pff'SiOe'AW'me& Title)
I I LI'fND
B
sep M. Pietrangelo, 1. Resident Agent
Aon Risk Services, Inc. ofFL
IDOl Brickell Bay Drive, Suite 1100
Miami, FL 33131
.-._~
GV
ACKNOWLEDGEMENT
r-----'" ... ^" O'^.'_'""~_"'_'_~""_"^"_""__'''~__'.."._._~"., ^ ".__...._-_.._-,"_..~_.__.-,~-.^ . . _~.^~,.,._."~_~__M___". "",...-.-... ...........
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this
24th day of AUl!Ust 2005, by William Orazi. Vice President. ,
Land ofKB Home Treasure Coast LLC who IS personal
known to me [ X ] or hu'.'e produced
(type of identification).
.-.'. ..-........ ~......_.._.~.__.. ......""......
(NOTARY SEAL) pi.,~m~ 7Y1 9t ~
Notary Public Signatu
"-,,,',. "-..-.......... ,. .....'._.H "..-: .".._'----_..._---"'._--,..-,.._...~_._----_..-..,..'_.,,---._---_..-.,---_.__.,.__.---...._.,..~.'-. ~- ,._-_..-._._,---'..~..-~~-
I V8M'lt/a (!OlcTcc I
l"~'~ PA1llICIA M. GORTER M. ,
l~ . '\ MY COMMISSION' OC 345915
;-.t: ~*i
";i;ojl\r.~' EXPIRES: August 11, 2roI otary Public Print Name:.
,!~.j\lt-.: Bond&dThruNollllyPIblk:UnderWrIl&rli
.ff ._ Commission Expires: !W9 //, 2 DO 8
.y I
I
........__ ._.'.."__~'"__'.~'^.m."_."."'"'__..~,,.,.._._.,. .--...---.-..-. ....- .__._---_..."._."."-.-~.--...-..._.-._"
(2)
. ,.,.:'_: -, " .,< ,'_>_-_-~"; ;'::,::: -;1i~t;,:- _'_.
CALIFORNIA ALL-PURPOSE ACI\NOWL~,JB>GMENT
. . "',,"
.,-:u,....'
State of California
County of Los Angeles
On August 23, 2005 before me, Maria Pena, Notary Public,
personally appeared Joyce Herrin personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose
name(s) isjare subscribed to the within instrument and acknowledged to
,me ;that hejshejthey,'exeeuted'c-!the' same" in;:his/her/their"8l!1thorFied'" r . ,
qapacity(ies), and that by histherjtheirsignature(s)' on the instrument the':?
person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
^' ~
o ^ ^ ^ ^ ^ MARIA PENA I
f ~,.""'<' COMM "4'4097 1l
W ;~: ~~~ Y'PU~UC CALIFORNIA fJ)
(l ~~:~ <ti ~ ~ NOT~~S ANGEl.ES COUNTY 7 ...
6~_^~v_=~~~~,:,~OJ
~~
Maria Pena
I~~
'_'..- '. ,'_n',
..... .......,..
, .""..- '-' 1791894
. . , -'. ,- "-'
. <.'. -. . .' .... ....
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON REDSACt<GFlOIJ~9: ,',' ...... . c.: '. ,. .... . ..
This Power of Attorney limits the acts ofthose.named-h~reln, anq th-eYha\le-:,'~_():'''~:uth~rlt)t::~~::,IiI-{1t;U,'i~D~cPrnpany e}{cept in the manner._and,to
the extent herein stated. '. '. .' ......., ..;_ .. .'.
LIBERTY MUTUAL INSURANCECo.MPANY .. _
BOSTON,MASSACHlJllE'tTS...
. POWE1'lOF ATTOilNeY
"-.'~;-
KNOW ALL PERSONS BY THESE PRESENTS:TlJat !.ib.rty f.1uiu,i1 rnsuran(j~edr;,pa6Y(lfiE(~'G<iij)~i.byiJ,a:MassaCIJ"$.ttsstock jnsuranc..
company, pursuant to and by authority of the sy-Iaw and AutlJoniationlJ.relnalte.r "etf"rtfr;do.eh.i~bYiiall'ie;con$!ltut$andappoint '. . '. ........
E,S,.ALBRECHT, JR., C.K;~AKAMUR4iLlSAL.Tl-!qflNTON, IIt1;6,Rf;6,J;!ENA,MARiNAjARlA;~DWARDC..SPECTo.Fl,
KD CONRAD, JOYCE H~RRIN, MICHAetR.MAYBeRI'IVj:AtLoFTHECi'ffOFLOSANGae$;STATECALIFORNIA
no ... . . . on. . ... . .... on. .... . ... ..... .\:~~,~:;>;:.:~. .... ~:' "./~:~~<,;):~'~. .~. ",:.;:{~J~:~;;-L, :...~ n.. ~'~'~<~~~:l~~~,~A.<~;~'~:~;~_~;. ~..L;~~~l~t~~~~_i}~l:t;.~\"~~~:~:~~:;~~~
~'~ ..L. ~'~"_' .-.u"~ .~u ~..,'.~.....~.
. each Individually if there be mor_~"-Jh~n one.::~:~m~(j"its~f?:.:arid laV1ul'attom~Y~lfi:'faPt,tQ:::rtj.&)<e; .~~.e'~ill~i:-_s~a[;:.:atkhjjwi~dge'andde1Iver;' for .and on-_its
behalf as surety and as its act arid."~ee,d, an'y,i:~~~1'~~J~~~ngs;-bon1s~r~.~*,i)~~~~~~':;'~d_:olhef:'~iii:e~:.9bff~~~i~U~.:}he ,penE!l:surnnotexce~di~g
ONE HUNDRED MILLION AND 00/100 ...... . . ...--.. .:.PQL01'l$($.tOo-,OOO.DQO.OO.,... ......... .).ach,8ndm.
execution of such undertakings, bCtnCl~i.. r~C:(j~!1lzanc8~ iiF1ct.6th_er surety, obIJg~tlpn~'r,--,iO':.:'p.iiislJahc(t~::Qf~~thei_$a':.~-pre_~~fi.t~.-:Shall:-be, as binding upon, the
Company as if th.y had b..n duly slgri~d bj(th. pr.sid.nf~nd'~tt.sl~dby tlJii.ii~cii~j.aryQhn~' CQnipafui'jnlhij.li:ow~:Pi:Qper p.rsoris.
:.:::'.'.,::<-.-,:>:'.:--: . '. '::'.':;::--:-::":"" .. - - ::::::,:,:-",:;.::>::- ,-'.._:.:.:':::::.~::::,~: -':' '.-,''':'~'':'~'~::''~.:':. ~::.::~.::::---'-':-.~.::.:..:::::'.:':':;'
That this pow.r is mad. and ~x.cut.dpurs4ilnt to ano by ai:itbdmii.aftl1:.jOI!b:iy11igeY'lawii~dAuihQrJ~~otJ(:" : ...:.... .
ARTICLE Xiii - Ex.cution of Contracts: S.ction 5. s~;~~il8Adi~~dUnd~~kl~~~. '. . ....-.'>:.;.}<::..
Any officer of the Company authorized for that-'purposeln writIng ,bythe_'~ha:ll1TIalJ ()'F_t~~':J~~~st~~r)~/~rid sUQJ~tto such limitations as .the >.
chairman or the president may prescribe, shall appoint such attomeys~ih~f~~t":ElS'Jl1Cly_.be" ~'~~s.~a.;y,:.t_oact in behalf of the Company to make, (tl
...; execute, seal, acknowledge and deliver as_.surety any_-and aU unl;1~rt~~,irigs~.t)9.nq~:;':"Te~oi:z~.~:~S:__ and_. Other . surety . o.blig_ations. 'Such ~
'in attorneys-in~fact, subject to the limitations s~t forth In their respectlve'po",,~r~'otattomey,:;~~!lti~v~J~II,PPwer to bind the Company by their In
o signature and execution of any such instruments and to attach thereto the seal ot..-the Com-p-~ny.- When so 'executed such Instruments shall be Q)
go as binding as If signed by the president and'a~ested by the secretary. _';:-:,:,:'. .~
~ . ~
oX: liJ By the following instrument the chairman or the president has authorized the officer or-'other'officl~rn~'n1ed ,t6~.reintoappoint attorneys-In-fact: .c
C Q) . " _, >.
~ C Pursuant to Article XIII, Section 5 of the By~Laws, Gamet W. Elliott,~s,lsta6t'~i3'cret$rY"".o(Li~~rtY--'M,~al.lns4rahce-'Company, Is hereby fa
~.~ authorized to appoint such attorneys~in-fact as ,maybe necessary toacrin_b~lilUf9fJhe.:C()m.pan~~:~tfmake, execute, seal, acknowle_dge and =. .co
"C Z dellver as surety any and allundertakin'gs,bondsi recognizances:and oth~LS_u.r.~ty"ObIl913:t1-9.Q~~ . .~".-:' , .. 'cu
~a Q~
~ ~ That the By-law and tha Authorization set forthaboV~aretru.coPi.StIJ~r.qfari\l~ri?l'(~~lJ~rp~~~~~ff~~i~.:,___ .... ...... ........>..... ........~::I
.. ~ IN WITNESS WHEREOF, this Pow.r of Attor~~yhasbe.n$Ub~~b~dI1YaO.eiut~Q~~ad9titCfii;';r~!ji~lliJk9.tl!i~S9ri!~~y~~<!~Co!p~rat.se~1 oCo[
!~ Lib.rty Mutuai insuranc. Company has b..n affix..dtli.r.lolriPIYfnO~h ~e.tln9,R.n~sylvan[Er~~:.~<!-c:@~~f:AU9ust ..... .....: - .... '. .,l:lic
~e
.. ~,".- -.....
-.. -
aro
oS
""'
ar .:: COMMONWEALTH OF PENNSYLVANIA ss . .... '.
a"' COUNTY OF MONTGOMERY ,,"""
me _. ~.~
.g'!! On this 3rd day of Avaust , 2005 , b.for. m., a NotaryPubllc;p.rs9hallYc?rneG~~~fwi:E"iott:toii1ekriOvin.ijrid acknowl.dg.d ~ al
~.5 tliat h. is an Assistant S.cr.tary of Lib.rty Mutual insuranc. Company;t1l!it he knoy.,stlJes.al ofs8ld.c9!'P.";;;fl",,;andithath. .x.c.ut.d the above ;g ~
10.. i Power of Attorney and affixed the corporate seal of, Uberty Mutual.lnSUraf1CeCoft:1PfinJl'_'~~~~to.-~!i~':t~~):~~6.~.W,~d,:E.ltthe_dr"r6(;ti(j~ of said cqrporation~ ~.c
0", R .~ ~Q
:; ;:. IN TESTIMONY WH .' \l unto subsodbed my nam..."d afflx.d my notarl~1 $.al at P!Yli1qutli.M~ellng. P.nnsylvanla, on the day and y.ar :5 ~
n ,...".- ! :j~\O'~1i~i~.ii.,~~.r..~...~.I._.i.:....;:.t..:.1.~.~.;.~..:;.;.:~.:. "'... --!.:...:,'
'$f:;%YL'lW .,~ "'iri''',~~,~,,,,,,,,,,,,~~,,,",,,,ll'!' ,','C". '<-,..".;:. .....:.
CERTIFICATE 411Y~..... .-:..:.. .......:.....;.... ............'.:..:....<..;.....:'.:./..:':::...:_.:..,....,..... . .
I, th. und.rsign.d, Assistan .cr.tary:olqberty Mutual i~iluf~n9. company,:Wh.reby~.~jfytl1ad~~;gi191~atpQviik,iattom.y of which th.for.golng
is a full, true and correct copy, is in f~JI".'f.g~~~' and_ 8ffecton.:ttt~~:.d.~t:~.:-9f.Jh!~::.~.~~iga'e;:.alfq:t.:~o-f~t18~(~rti~:t?_~.:.*~,~6ff1cer,_ot,qffic.ial-whoex~cutedthe-
said pow.r of attorney is an AssistantS.cr.tary sp.clally auth6iiisdbYln,ichalrmah P[,tbs:presid!itll.tp'a:PP9J:nt,iIlt."l)l~ys,ln-fa(rtas provld.d In Artici.
XIII, Section 5 of the By-laws of Uberty Mutual Insurance Company;' '. '..:.' '::_:":"': :':'. .; ::;::"":::'>~~\\:~.::F.',:-:,:", '",' ' .'
:-':..--..;.'..',...:----..'-;....;.. .
This certificate and the above power of attorney may. be '.sIgned by facsimile i)r 'm.ech~nlc~I~:,.r~e.p.t9~_u~it~~J~~a:wres- undet and-'byaUthorlty.of the
following vote of the board of dira(rtors of Lib.rty Mutuallnsuranc. Company at a m...tingAul(ca:U.d.~nd-he!d~h:th. .12Ihday. Of Match, leBO. ..'
. .' '. .
VOTED that the facsimile or mechanica'lIy reproduced signature oLa~Y.:,~S$iitant '~ebr,et{!ty_~,o(tb;.:,.ooft1pa:ny, Wher~ver appearing upon.a
c.rtifl.d copy of any pow.r of attorn.y issu.d by th. company In conrreotioryviith~im;tyI)OU~s,,~Ij..i[l1. vallcJand biOdinguponlh. company
with the same force and effect as though manually affixed. ". . ':: ":., -,,;"_:'~.:;~~'::::'. _~:.<:::~~:::;,"'" .' "
IN TESTIMONY WHEREOF, I have h.r.unto subscriiJ.d my name and afflx.d th.~rp()fl'ct"s.a!~f~~s~g~~H;~hy,ihiS 'Z3rd
,Z005. '.' .....,... .~...... ,.C.....d.~'..,.. ....
... ..~.
"',,- : - - - )- - - ..
_. .. By . . ,-- -< = - _ =
. _ -. Da:Vi.. M..~atey,~~.. t:S~c!~tary:.
:._,- '_.:~.:\:~/~:\:~~~....:::-:}:~~::;.t:f.~:-:.~..:~:: :..~.:::.: ':.:. :,~.., ~:
day of
.',..',.""..
.:."...,'.--:.... '.
...., '''-.'
Uberty Mutual Surety Bond Number 024022762
NOTICE FROM SURETY REQUIRED BY
TERRORISM RISK INSURANCE ACT OF 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (referred to
hereinafter as the "Act"), this disclosure notice is provided for surety bonds on
which one or more of the following companies is the issuing surety: Liberty
Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM
Insurance Corporation; The First Liberty Insurance Corporation; Liberty
Insurance Corporation; Employers Insurance Company of Wausau (formerly
"EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless
Insurance Company; and any other company that is a part of or added to the
Liberty Mutual Group for which surety business is underWritten by Liberty Mutual
Surety (referred to collectively hereinafter as the "Issuing Sureties").
NOTICE FORMS PART OF BOND
This notice forms part of surety bonds issued by anyone or more of the Issuing
Sureties. .
DiSCLOSURE OF PREMIUM
The premium attributable to any bond coverage for "acts of terrorism" as defined
in Section 102(1) of the Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States will reimburse the Issuing Sureties for ninety percent (90%) of
any covered losses from terrorist acts certified under the Act exceeding the
applicable surety deductible.
LMIC-6539
11/15/04
\o~ /
BOND NO.: 024022763
PREMIUM: $470.00
SUBDIVISION PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That KB HOME Treasure Coast LLC., as Principal and Liberty Mutual Insurance Company, a
corporation licensed to transact surety business in the State of Florida as Surety, are held and firmly bound
unto the City of Sebastian, as obligee, in the penal sum of Ninety Three Thousand Nine Hundred and
00/100 Dollars ($93,900.00), for the payment of which sum well and truly to made, we bind ourselves, our
heirs, executors, successors and assigns, jointly and severally by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas said Principal, the owner ofa
tract of land representing a subdivision entitled Sebastian River Landing Phase 2, and
WHEREAS, the map of said tract on which Principal desires to construct
Sidewalk Improvements
hereinafter referred to as improvements, and petition the obligee to accept the improvements, and
WHEREAS, said obligee requires a bond conditioned for the improvements of said tract, and
WHEREAS, the Principal proposes at its own cost and expense to improve said tract within the liinits of
said subdivision.
NOW, THEREFORE, if the said Principal shall well and truly cause said improvements, as herein before
specified, within the limits of said subdivision to be improved, then this obligation shall cease and be void,
otherwise it shall remain in full force and effect, and the Surety on this bond binds itselfto said Obligee, to
the amount on the herein above stated penal sum, that said improvements shall be completed in accordance
with the agreement between Principal and Obligee.
IN WITNESS WHEREOF, said Principal has hereunto set its hands and seals, and said Surety has caused
these presents to be executed by its officers thereunto uthorized this 23rd day of August 2005.
Liberty Mutual Insurance Company
,
16= PttS/!J[tlJ/ (Name & Title)
.LltUii
By:
By
ose . Pietrangelo, L. Resident Agent
Aon Risk Services, Inc. ofFL
1001 Brickell Bay Drive, Suite 1100
~FL33131
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this
24th day of August 2005, by William Orazi. Vice President.
Land of KB Home Treasure Coast LLC who is personal
known to me [ Xl 6H1U'lO produced
(type of identification).
[::Y:EALI . ~j~~io1;~~ -... . ..
----___J__ ..... _._ ._. .._.
1lk! (I) tL- !J. . to calL
Public Print Name: 'tP'
My Commission Expires: C/vtj'l.Isf I~ 2Mo .
.___.. '_.._._,.,.._._" "O"~'""_"'"'~~'_"'""'___"""_ .~.__.,.. ____ _"_ __
. ~,.I
@0
, ',-,,' _- ,_:a,;:":-::-;-Wj;~;~;':_-_:_:_;,:; _-__.,:
CALIFORNIA ALL-PURPOSE ACKNOWL~W(j~MENT
" . '.'--: -- )}~h"
<0,"-'-',- ,~'J;;;~.;
State of California
County of Los Angeles
On August 23. 2005 before me, Maria Pena, Notary Public,
personally appeared Joyce Herrin personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to
'I' I"~"~ 'me that ,he/she/they executed"'tJhe';same'in '~>his/herftheiradthorized! ,'" i i
capacity(ies), and that by his/her/theirsignature(-:s} on the instrument the' , '"
person(s), or the entity upon behalf of "which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
^ ,.." . . c
1 plc,;'>, MARIA PENA I
(f)l'i~~", ,'!;~ COMM,.,414097 D
a: ~T.c. -~. ' tl! NOTARY PUBLIC CALlFORN!A Ul
I .:; ...\. LOS ANGELES COUNTY ...
~~V~~:~::~:~~ A~~~~
~
Maria Peiia
@
THIS POWER OF ATTORNEY IS NOT VAllo UNLE$$IT I$PRINTEDONREDBAG~GR6lJNi;J;. ...-
ThIs Power of Attorney limits the acts of those named'her~in, a~d they haveno':autlJo_rity:to_,~lri.d.th~i,:Cornpany except I"the mannerand to
the extent herein stated. . . .:.-.:_- :,'_:._:---'_:.,..... -:.'- .,> ;~.'---'.
LIBERTY MUTUALJNSURANCECOiV1PANY
BOSTON,-MASSA-C.H~SE_rtS' ',. . -'.-
. POWER OF ATTORNey . . _ :
1791893
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual In$u~nce\i;:cj~pilriY(~~?GQ~P'lny;,),aMassaC:husettsstock insuranc~
company, pursuant to and by authority of the By-law an.~AuthorlzaJ_io,~ here.inatt~r,s_e~_.f9rtb::t_d.()e~_h,~r~1?)l'.~.~rri~~_:p9.n_~tit~~e)Hl,~ap'polnt , ,.',
E.S. ALBRECHT, JR., C.KiNAKAMURI\:,l;;lSALT':'9RNTO/';l,MARI.l\.l>$/';lA;MM:ljNA1f\PlAi.I;D"VARDC.SPECTOi'l,
KD CONRAD, JOYCE HERRiN, MICHAELR.MAY8ERRY;'AtLQFTHECttYOF,t6sAfiGEI;e~STATE CALIFORNIA
... .... ... ...... . .. .. . . .. ..... , ... . .... ,';,~,; .;\.:L:~ ...., , ~ ..A);:~.':;:~, .. ~ n~.4;~::~:~~j';':' ~ ~..,.. n ....~.;::~:~~~~.;:~:~:~. ~,~,i'.:~ ~:~;~;.;)~,~:..,..:~;~:l;~~\:~~:~
,:~:g~~;-~.':~:;{~~i~:~~{~.~-~-~-;-~_ ',~.m ; , ,.-, .-, " '-,m, .. ..:. .n ':'
,each Individually if there be mor~--'t.h~n one,_j1,~irred, its'tf.y~'::.#6d lalNful attorrl~_YfJo:f~,g'~':'.fn.~ke,.;e~~QJ$.,.:S~~"~I:.j!~kn6W~$_~.ge:and_-deliverl_for ~nd,onits.
behalf as surety and as Its act and"-:.d. e~.d, aov.....-.an...d all u. nd.'.". _it.'~k..ln. gs, bonds. '. r.".oc..:g~IZ~. ripes........~,a6d..Pt....lier..::$.ur~t)('9bllgatlon.::$.....--lt}.:...the.
p. en..a.l. sum. not exceeding
ONE HUNDRED MILLION ANOOOl1 OO"'~"""'''*'\';;'' "PoLiAi'l$'(~lQO;OOO.OOO.OO'~"'" . .... .jeach, and tile
execution of such undertakings, bO,!l9$,:,_ r~889'llizances :W!.<tgther surety 091"i,g~_#~hs,:!~::':'P4'rslla~9~;~'2tJtl~~Et::'p.r.e~~Jj.~;'~~.~ha.ll-"be as blndingup.on t~e
Company as if they had been duly sIQn~C1.})y:.:tt-ie president:-~~l'~:~!tested by t~_~::'~'~~ret~ly--?q~~:"S~n'l'p~lW~Jn,tt!,~lr~~~":~:~'9p..~rpe~ns,
.,::.:',.:-:'_:,::-: -:>:.:.'- '-:-; ':::'.; :,'-:,:"':- - :'- . ',-' :-_:::._>.::.:~ ':- :-,', - _::",:: ":;"-~-'"::::"::,-;'-',: '::'.:':.:,,~;: '.:,'.: -':"-::::>'.':: ::,: ';~::'::-:~-~"~:'::
That this power Is made and executedpur~4ant to and by aiith&nlirofth,ef~i!o\ying By-iaWa;,\! Autliqr~~\i&:f\':f':.-
-..-' .'.- ",::.:,-.",,::,:.:-,:-:,::.,,:__.,:.:::..' _,c. _:;::~:;:-",.:.":';: - ...:';'"'::,:,,:,:,,:::">,:.<.:.:_~.-:__:.,:.:.:,':-:-'"
ARTICLE XIII. Execution of Contracts: Section 5. Surety Bonds 'and Undert~k1rJgs; ,':,:_',:.-."....., __'::'::~'::':"',,.. .. _ _. .
Any officer of the Company authorized for that purpose in writing by the_"cIiairman_-{)r.th~:j)re~iQ~ri~,,'Br1d' subject 'to such limitations as the :>.
chairman or the president may pr'escribe! sh_a1l appoint such attorneys....in-fact;as:may"~e_-.n€!,c~:s'~ry.:toact In b~half of the Company to make, as
,.J execute, seal, acknowledge and deliver as surety any and all undertakirigs;bonds,,:'r~~gniz~c_es: and o~er su'r,ety Obligations. Such ~
'0 attorneys-in-fact, subject to the limitations set forth in their respectivepow~xs of'alto~8Y"~11c;lU Ij@~~_'funpower'to blnd.the Company by their UI
o signature and execution of any such instruments and to attach thereto the:seal-of the.Compf:iny: ..:\1Vheh _so executed such Instruments shall be Q)
5r as binding as if signed by the president and-aUested by the secretary. ,~
"0 . -:l
'E ~ By the following instrument the chairman or the president has authorizedtheofficer or-other ()ffici€il.:n~'i'Oed-td~r~into' appojn~ attorneys.jn.fact: .c
..8 ~ Pursuant to Article XIII, Section 5 of the-By~Laws, GarnetW. EIliOft,":Ag;J~_~,~:S~Cr8~~?::~i':L!~~~~:-',:MU"tUai-:ln-s~r~n~e:_'CorT1pany, isherelJY: i
~.~ authorized to appoint such attorneys-in-fact~s ma~{b~necessary toactj~:geh~if:Pf:'th~"'96fr)'FjahY=-'d,r'nak!:l; e)(~cute,,~eal, ac.~nSlwledge..arfd _I:
~ ~ Thatthe B::~:~~: ::e:::n:::o:l:e~~::~:~::~b:r:dt:~e:;I:::~:::o~::d:Z:~~~~~;i:~i;g:~i~~. - '.'> .!~
~'..~' IN WiTNESS WHEREOF, this Power of Attorney has been subscribectby an auth6fi~ed<;tiIc~'?;r~Q~ia( of}h~ ~~rri",,;w ang the corporate seal <>f'~i
;:: - Liberty Mutuai I nsurance Company has been affixed thereto in PlYmouth Mee.ling, Fennsy!Vlinia th~ - aru: ollay of . .Auaust;::, .
ii2005 :,. - "..::J';.;0~~ltE~~j:~~~P~~~~~GciM~j,NY: .,.:'jii
-_...:.'.c.,'.c:.,"'-......"','..c....... --' - ,". ,;;:'-l\l.
0>0. ::':'ftJ!)'::f!JIF':~'::~" .... '.f...:E-
~.~ . .:;~Jn,et~,;~fl~~~~i~~$~ciete~i<\ . ~g
~Vi gg~~.g,N6'FE~~~T~:;~~~~SYLVANIA ss .' .,~> :;0;
as~ ....:.... ~'::. 0 C
f~ ~~tt~: I~r~n A~:ra~: se~~i~~t of Liberty' M~~~~;'n~~:~~6:~~~~~~?:a~b~:,~~~rt~~::eT~;ctfae~~~~~~,t~nd~:~o~n~~~~utZ:~:I:g~~Z ~f
~.sf Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto-with Ihe~~utho~W:a~d at the direction of said corporation. ~.8
:; . ~ IN TESTiMONY WH Ii' ll~ unto s4bscnbed my nan]e-endaftixed my notailel :'eal ~t PJ~~OUlh:M!l~ting, Pen~s\llvanla, on the day anct year~~
U .m_._ t::~~.~it ,~~~~ Ii
~'VtvsYL\j~,'_e M~ei,..P.'~i;~',.VIYinIaM~CxiiailOllotN~~~';:..... .:'. :::>.:.?~:f' - . " :><.::: ....,.!.
CERTiFICATE 'lRY~'.." ........:.......: . '.c";"'" .'....,...:;........'.:..'... '. '.
I, the undersigned, Assistant ecreui~oiL)h~rty Mutual i~iqr~.nc.e GQmPilIiY,id\>hereby,'~rtlfy thaiib~~ngl~eijJo.w~~<i~~omey of which the loregoing
is a full, true and correct copy, is in fWIURro~' and_etfecton:1ti~::.d~t~::~:,tb.i.~.::.~~r.:tlfr~!6_;:a!-lp:t-.Pp'fu~~_:r.:~:~JY;J~.~(th.~,::qfflcer..,dr_offi~ialwho ,exe_cuted the
said power of attorney Is an Assistant Secretary spec:iallyauthorJi~dbyth~c:hairman O(,:th~prsslde:i1)::\(i-"j:lj:l9ilit:anomeys-ln-Iact as. provided In Miele
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company,'" ".' , - .:.'" '.-.'
This certificate and the above power of attorney may he signed- by facslmile().r--n1ec~,~nl:(jaHY'-~eprgdllc~~:::~'lgna.tlJt'~s .uri'der-an'd by 'authority of the
following vote of the board 01 directors of Liberty Mutuai Insurance Company at.a me.eti~gdUlycEille~:~ryd:qel~ED.thej2thdayof March, 1980.
VOTED that the facsimile or- mechanically .repro(juqed:sig.n~tiire.oria'~/;?~~t~.1a~-t.::'~~9r~i,~iV.#q~~;~.e#.rtjp~~y1-:,~her~~~r.'.appe~rlhg--upon. a
certified copy 01 any power of attorney issUed by the COmpaoy in con~.cti?lil'{~h~utetyiJqtlljs,shel/.i)~.validendbindlngupoothecornpany .
with the same force and effect as though manuallyaffi~ed.' :. _'_'_"~::..:'''~' .,:::.,::.::~:",.:.::,:::".)::;:~:._:,';-_.;:~;:~:.~~:):::_:.-.->-:_,'_:,:__:~, :,.." ,.':',.., .:'. -:'-
'.
IN TESTIMONY WHEREOF, I have hereunto subscribedmynarne.and affixed th~(iqr?b"'te"~"-iQftlit~~ldi~?Tpa1i~,IBIS _ 23ra y--.or-..
August , . 2005. .' . /""':",:,o>":'''-@:''''-:,:x9t\
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Liberty Mutual Surety Bond Number 024022763
NOTICE FROM SURETY REQUIRED BY
TERRORISM RISK INSURANCE ACT OF 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (referred to
hereinafter as the "Act"), this disclosure notice is provided for surety bonds on
which one or more of the following companies is the issuing surety: Uberty
Mutual Insurance Company; Uberty Mutual Fire Insurance Company; LM
Insurance Corporation; The First Uberty Insurance Corporation; Uberty
Insurance Corporation; Employers Insurance Company of Wausau (formerly
"EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless
Insurance Company; and any other company that is a part of or added to the
Uberty Mutual Group for which surety business Is underWritten by Liberty Mutual
Surety (referred to collectively hereinafter as the "Issuing Sureties").
NOTICE FORMS PART OF BOND
This notice fonms part of surety bonds issued by anyone or more of the Issuing
Sureties. .
DiscLOSURE OF PREMIUM
The premium attributable to any bond coverage for "acts of terrorism" as defined
in Section 102(1) of the Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States will reimburse the ISSUing Sureties for ninety percent (90%) of
any covered losses from terrorist acts certified under the Act exceeding the
applicable surety deductible.
LMIC-6539
11115/04
THIRD AMENDMENT TO DECLARATION OF COVENANTS. CONDITIONS ~~ ^
RESTRICTIONS OF SEBASTIAN RIVER LANDING. LLC -.,...,.
THIS THIRD AMENDMENT, made as of the date hereinafter set forth by SEBASTIAN
RIVER LANDING, LLC, a Florida limited liability company, is to Amend Declaration of
Covenants, Conditions and Restrictions of Sebastian River Landing LLC, as originally recorded
in the records of Jeffrey K. Barton, Clerk of Circuit Court of Indian River County, Florida in
Official Records Book 1698, Pages 171 through 199 as follows:
Pursuant to that certain Limited Assignment of Declarant Developer's rights, COMES
NOW, the Declarant, KB Home Treasure Coast LLC and does hereby amend the Declaration of
Covenants, Conditions and Restrictions of SEBASTIAN RIVER LANDING LtC originally
recorded by Sebastian River Landing LLC on February 27, 2004 as follows:
1.
The following real property, known as Sebastian River Landing Phase II
is hereby added pursuant to Article 8, Sections 4 and 5 of the
Declaration:
The South 5]2.13 feet of the South one-half of the Northeast one-quarter of
Northwest one-quarter, and the South 512.13 feet of the South one-half of the
Northwest one-quarter of the Northwest one-quarter, less the West 200 feet, all
in Section 26, Township 3] South, Range 38 East.
AND
That portion of the North one-half of the North one-half of the Northwest one-
quarter of Section 26, Township 31 South, Range 38 East, lying South of the
drainage canal located in, upon and under the land upon which an easement was
granted to Graves Brothers Company, a Florida corporation, by easement
recorded in Deed Book 28, page 435, Public Records of Indian River County,
Florida.
AND
That part of the South one-half of the Northeast one-quarter of the Northwest
one-quarter of Section 26, Township 3] South, Range 38 East, less the South
5] 2.13 feet thereof.
AND
That part of the South one-half of the Northwest one-quarter of Northwest one-
quarter of Section 26, Township 31 South, Range 38 East, less the West 200 feet
and the South 512.13 feet thereof.
2.
KB Home Treasure Coast LLC shall have the same rights and
obligations relating to Phase 2, Sebastian River Landing as the
/r""\
CV
Declarant/Developer pursuant to Article 5 of the Declaration of
Covenants and Restrictions, the Covenant for Assessments.
r 3.
+-
The following language is hereby added pursuant to Article II as an
architectural restriction of the Declarations:
Builder shall not construct a residence I home with the same color schemes or
front architectural elevations on adjoining I adjacent Lots, No two Lots, side by
side, shall have the same color schemes or front architectural elevations.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has caused these
presents to be executed in its name by its duly authorized officer, as of the
day of August, 2005.
{end of/ex/this page}
KB HbME TREASURE COAST LLC
Printed Name:
By:
Its:
Printed Name:
Printed Name:
STATE OF FLORiDA
COUNTY OF
I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State
and in the County aforesaid to take acknowledgments, personally appeared
, as a of KB HOME TREASURE COAST LLC, to me known
to be the person described in and who executed the foregoing instrument and
acknowledged before me that he executed the same. The said person was not under oath.
WITNESS my hand and official seal this
day of
,2005.
Printed Name:
Commission Expires:
{SEAL}
@
City of Sebastian, Florida
OFFllCE OF THE CITY ATTORNEY 1
AGENDA TRANSMITTAL
Agenda No. 05.032
Subject: DEVELOPER'S AGREEMENT;
AshburylPowerline Road
Date Submitted: 9/8/05
For Agenda of: 9/14/05
SUMMARY:
A condition of approval for the Ashbury Subdivision was that the developer Clark
Development Company provide for half the cost of completing Powerline Road southward to
Sebastian Boulevard. As part of the approval, credit was given for the portion that Clark built
and the remaining estimated cost was to be placed in escrow for use by the City in accordance
with an agreement to be reviewed by the City Attorney.
An updated cost estimate for Powerline Road from August 2, 2005, has shown an
increase of36.3%. Accordingly, the previous escrow amount of$112,518 has been increased by
this percentage and now $153,362.03 is the remainder amount for the "fair-share" contribution.
RECOMMENDED ACTION:
Move to authorize execution of the Developer's Agreement with Clark Development
Company.
REVIEWED BY CITY CLERK: ~
AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER:
DEVELOPER'S AGREEMENT
THIS AGREEMENT made this
CLARK DEVELOPMENT COMPANY,
SEBASTIAN ("City")
day of September, 2005, by and between
a Florida corporation ("Clark") and CITY OF
3.0 In furtherance thereof, Clark shall deliver to the law firm of Krasny and Dettmer,
as escrow agent ("Escrow Agent"), upon execution of this Agreement, the sum of One Hundred
Fifty-three Thousand Three Hundred Sixty-two and 3/100 Dollars ($153,362.02) which shall be
placed in an interest bearing money market account with all interest thereon accruing for the
benefit of City. The Escrow Agent shall disburse the escrow funds to the City upon: (1) notice
from City of execution of a construction contract for Powerline Road as herein contemplated;
and (2) written direction from Clark, delivered to the Escrow Agent. In the event that notice is
received from the City but Clark does not deliver direction for disbursement within ten days after
written request to do the same, Escrow Agent shall implead the funds into the Circuit Court for
Indian River County, Florida, and its duties shall be complete. Notwithstanding the forgoing, all
funds remaining in the hands of the Escrow Agent shall be disbursed to Clark if City does not
G
1
R E C I TAL S:
A. Clark is the developer of a single family residential community to be known as
Ashbury ("Asbury Subdivision") which is located in the northeast quadrant of the intersection of
County Road 512 and Powerline Road within the City of Sebastian, Florida; and
B. The City desires to enhance ingress and egress to Ashbury Subdivision by
improvements to be made to Powerline Road; and
C. The City and Clark desire to enter into this Agreement for the purpose of assuring
the completion of improvements to Powerline Road upon the terms and conditions herein set
forth.
NOW THEREFORE in consideration of the mutual covenants herein set forth, the
receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1.0 The City desires to extend Powerline Road along the westerly boundary of
Ashbury Subdivision a total length of three thousand six hundred eighty lineal feet (3,680'). The
total cost of construction of Powerline Road shall be equally shared by Clark and the City as set
forth herein .
2.0 Clark has or will construct five hundred eighty lineal feet (580') of Powerline
Road at a its own expense. To satisfy its commitment, Clark agrees to establish and fund an
escrow account for the remainder of its cost contribution for the construction ofPowerline Road
in the amount of One Hundred Fifty-three Thousand Three Hundred Sixty-two and 3/1 00 Dollars
($153,362.02).
deliver notice of a construction contract within seven years of the execution date of this
Agreement, and all parties hereto shall be relieved of any further obligations hereunder.
4.0 The City shall construct that portion of Powerline Road adjoining the Ashbury
Subdivision southerly of that completed by Clark as a part of the development of Ashbury
Subdivision. The City shall pay the construction costs from funds available to the City and the
escrow funds herein provided. In no event shall Clark have any responsibility for payment of
any sum beyond those amounts specified herein.
5.0 Escrow Agent undertakes to perform only such duties as are expressly set forth in
this Agreement and no implied duties or obligations shall be read into this Agreement against
Escrow Agent. Escrow Agent may act in reliance on any writing or instrument or signature that
it, in good faith, believes to be genuine; may assume the validity and accuracy of any statement
of assertion contained in such a writing or instrument; and may assume that any person
purporting to give any writing, notice, advice, or instructions in connection with the provisions
of this Agreement has been duly authorized to do so. Escrow Agent shall not be liable in any
manner for the sufficiency or correctness as to form, manner, and execution, or validity of any
instrument deposited in escrow, or as to the identity, authority, or right of any person executing
the same; and its duties under this Agreement shall be limited to those provided in this
Agreement. Any compensation due Escrow Agent for the performance of duties hereunder shall
be the responsibility of Clark.
6.0 Any notices which may be permitted or required hereunder shall be in writing and
shall be deemed to have been duly given as of the date and time the same are personally del-
ivered, transmitted electronically (i.e, facsimile) or within three (3) days after depositing with the
United States Postal Service, postage prepaid by registered or certified mail, return receipt
requested, or within one (1) day after depositing with Federal Express or other overnight delivery
service from which a receipt may be obtained, and addressed as follows:
To Clark at the following address:
Clark Development Company
575 S. Wickham Road, Suite E
West Melbourne, Florida 32904
Telephone: (321) 723-9888
Facsimile: (321) 768-2009
To Escrow Agent:
Krasny and Dettmer
304 S. Harbor City Boulevard, Suite 201
Melbourne, Florida 32901
Attn: Dale A. Dettmer, Esq.
Telephone: (321) 723-5646
Facsimile: (321) 768-1147
Email: d.dettmer@krasnyd~ttmer.com
2
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To City at the following address:
City of Sebastian
1225 Main Street
Sebastian Florida 32958
Telephone: (772) 589-5330
Facsimile: (772) 581-0149
7.0 To facilitate execution, the parties hereto agree that this Agreement may be
executed and faxed to the other party and that the executed facsimile shall be binding and
enforceable as an original. This Agreement may be executed in as many counterparts as may be
required and it shall not be necessary that the signature of, or on behalf of, each party appear on
each counterpart; it shall be sufficient that the signature of, or on behalf of, each party appear on
one or more of such counterparts. All counterparts shall collectively constitute a single
agreement.
8.0 This Agreement constitutes the entire agreement between the parties hereto with
respect to the transactions contemplated herein, and it supersedes all prior understandings or
agreements between the parties.
9.0 In the event of any dispute hereunder or of any action to interpret or enforce this
Agreement, any provision hereof or any matter arising herefTom, the prevailing party shall be
entitled to recover its reasonable costs, fees and expenses, including, but not limited to, witness
fees, expert fees, consultant fees, attorney (in-house and outside counsel), paralegal and legal
assistant fees, costs and expenses and other professional fees, costs and expenses whether suit be
brought or not, and whether in settlement, in any declaratory action, at trial or on appeal.
10.0 This Agreement is intended to be performed in accordance with, and only to the
extent permitted by, all applicable laws, ordinances, rules and regulations. If any provision of
this Agreement or the application thereof to any person or circumstance shall, for any reason and
to any extent, be invalid or unenforceable, the remainder of this Agreement and the application
of such provision to other persons or circumstances shall not be affected thereby but rather shall
be enforced to the greatest extent permitted by law.
~
3
11.0 This Agreement shall be governed by and construed under the laws of the State of
Florida.
12.0 When used herein, the term "Effective Date" or the phrase "the date hereof' or
"the date of this Agreement" shall mean the last date that a party hereto executes this Agreement.
Witnesses:
ATTEST (SEAL):
Sally A. Maio, MMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
CLARK:
CLARK DEVELOPMENT COMPANY, a
Florida corporation
By:
Coy A. Clark, President
THE CITY OF SEBASTIAN
By:
Alfred A. Minner, III, City Manager
The Escrow Agent hereby acknowledges receipt ofthe Deposit this _ day of
,2005.
KRASNY AND DETTMER
By:
Dale A. Dettmer, Esq.
4
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HOME OF PWCAN ISJ.AND
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
Agenda No. rye). () 1-; J_
Department Origin: Growth Mana!!.em~
Purchasing/Contracting:
Finance Director:
City Attorney:
City Clerk: ~(
Date Submitted: September 7, 2005
For A enda of: Se tember 14, 2005
Exhibits: Resolution R-05-37, Application, Performance bonds, Non-monotonous plan, and Final Plat
EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION
None REQUIRED:
Subject: Resolution R-05-37 Final Plat for
Ashbury Subdivision
or Submittal by: City Manager
SUMMARY
Clark Development Company has filed an application for final plat for the 56.25 acre, single-family
residential Ashbury Subdivision. The private, deed-restricted subdivision includes a total of 195
single-family units thus creating a density of3.47 units/acre, and is accessed from an entrance offCR
512 westbound near Orange Heights.
Staff has verified that the [mal plat is in accordance with the preliminary plat approved by Resolution
R-04-42 on October 27, 2004. The City Attorney has reviewed the plat dedications. The
subdivision's bylaws, covenants, and restrictions address a non-monotonous color and building
scheme for the residences. Additionally, all engineering, and surveying details have been satisfied in
accordance with Florida Statutes.
As allowed by the City's land development regulations, the developer has posted a bond in the
amount of 110% of anticipated construction completion costs so as to permit final platting prior to
completion of infrastructure and site development requirements. The City Engineer has reviewed and
accepted the estimated remaining costs, and the City Attorney has reviewed and approved the
performance bonds. The City has required a separate performance bond for the construction of the
sidewalks, which must be completed within two years. Currently sidewalks are constructed lot by lot
as each individual building permit is issued. The sidewalk bond will provide for a complete system
regardless of remaining vacant lots after a reasonable period of time of new home construction.
RECOMMENDED ACTION
Approve Resolution R-05-37 to accept the final plat for Ashbury Subdivision conditional on
approval of the Developers Agreement for Powerline Road.
@
RESOLUTION NO. R-05-37
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS
ASHBURY SUBDIVISION; PROVIDING FOR CONFLICTS AND
EFFECTIVE DATE.
WHEREAS, Clark Development Company, has filed an application for approval of a
final plat for a subdivision known as Ashbury Subdivision; and
WHEREAS, said final plat complies with applicable State and City codes and
regulations;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF SEBASTIAN, as follows:
Section 1. FINAL PLAT APPROVAL. The City Council does hereby approve
the final plat for Ashbury Subdivision prepared by Stuart A. Houston bearing the surveyor's date
of September 6, 2005.
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith
are hereby repealed.
Section 3.
immediately.
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember and, upon being put into a
vote, the vote was as follows:
EFFECTIVE DATE.
This resolution shall take effect
Mayor Nathan McCollum
Vice-Mayor Brian Burkeen
Councilmember Lisanne Monier
Councilmember Andrea Coy
Councilmember Sal Neglia
The Mayor thereupon declared this Resolution duly passed and adopted this 14th day of
September, 2005.
ATTEST:
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Nathan B. McCollum
Approved as to form and legality for
reliance by the City of Sebastian only:
Sally A. Maio, MMC
City Clerk
Rich Stringer, City Attorney
@
Permit Application No.
If not owner, written authorization
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Address:S S \^ /" '^h 1/'..iJ <:C..... C
,S owlY, I'( leX \ ,(}..'fY1 1'\ ()", ...JVI..\ Ie. G
Phone Number: (?,1..1 ) 12.5 -9~ FAX Number.
(V1e.. fL 329 ovl
E-Mail:
-:.refF
Owner If different from a Iicant d, t I'" '" II-' I () uJ of lC (l....
Name: KIIi\{Z fA-a.'hJ~v' 5:'IIJ
Address: . I
32. 1.\ (., C'IT ,<.d (r-J.<I Dn lie V~,ro l3e.<>.c\.... 1::::0 ~ 2.1' t, 3
Phone Number: ( ) FAX Number. ( )
E-Mail:
Title of permit or action requested:
---l no-J r 11A..,"t
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.
Lot:
\ ()'("\l-, d' CRt? \ 2 ci
Block: l Unit:
A. Project Name (if applicable):
B. Site Information
Address:
Indian River County Parcel #: ::,1. -z?,q. 'ole' 00000 . 'i 000, OCOt t(. OJ 1'5.0
=3 .39. Or. . . .
Zoning Classification: , h Future Land Use: L il..
Existing Use: \ Proposed Use: [ornr(eher,s\~ Lane \J.~ encll1en, , r
iln C C'h '.. Sel:1l';1".OX I l0\0.1 K;Y:ih eSiclr.n+,ll)
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C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessarY):
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CiJY'n (e he.ns'ive l.o.nc.lll hViO-(\r/lfn+
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DATE RECEIVED: .:l;.Il~r
FEE PAID: $ 15b.DO
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Permll Application No.
E-Mail: 8'(6
Attorne
.Name:
Address
Phone Number: ( FAX Number: ( )
E-Mail:
En Ineer:
Name: &.m
Address
Phone Number: ( ) FAX Number: ( ) -
E-Mail:
E-Mail:
D UBSCRIBED BEFORE ME BY \ n ~n
L Y OR PRODUCED
ION, THIS.:...1.L DAY OF ::rLllt ,20...QL.
NOTARY'S SIGNATURE ~
PRINTED NAME OF NOTARY WII\(~M - ~d dcvd
COMMISSION No./ExpIRATION
SEAL:
, BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER VI
ES' ATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPLlCATIO , AND T ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
AND TRU 0 HE BEST OF MY KNOWLEDGE AND BELIEF.
Ilz~ b 7
DATE '
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"'~~" William SIJddill,'l1
t~":r.-~ Colll!lJis~ion#DD40jS89
~. ~':J< Expires: Am 12, 2009
".1:ro;~~"'''' . BondtanxU
J11II1\\\ AtJanticSon&flnjCo'1brG.
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JOSEPH W. SCHULKE. P.E.
JOOAH B. BITTLE, P.E.
WILLIAM P. STODDARD, Ph.D., P.E.
SCHULKE, BITILE & STODDARD, L.L.C.
CIVIL & STRUCTURAL ENGINEERING . LAND PLANNING . ENVIRONMENTAL PERMITTING
Engineers Certified Cost Estimate - Ashbury Subdivision
I, Joseph Schulke, P.E., A Florida registered engineer, License No. 47048, do hereby
certify to the City of Sebastian that a cost estimate has been prepared under my
responsible direction for those improvements itemized in this exhibit and that the total
cost estimate for said improvements is $727,562.43 and represents the estimated cost to
construct the remaining required improvements plus a 10% contingency. This estimate
has been prepared, in part, to induce approval by the county of a reduction of the bond
amount for the Ashbury Subdivision, and for the purpose of establishing proper surety
amounts associated therewith.
Date: tJ. ~ j5
No. 47048
~~.
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1717 INDIAN RIVER BLVD., SUITE 301, VERO BEACH, FLORIDA 32960
TEL 772/ 770-9622 FAX 772 / 770-9496 EMAll sbseng@bellsouth.net
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Cost Estimate for
Ashbury Subdivision
CONSTRUcnON COST ESTIMATE ASHBURY SUBDIVISION FOR BOND
812312005
Items I UNIT I QUANTITY I UNIT PRICE I TOTAL ICOMPLETE I AMOUNT REMAINING
Sanitary Sewer
8"PVC CUT 0-6 LF 1538 $ 13.00 $ 19,994.00 95% $ 18,994.30 $ 999.70
8"PVC CUT6-8 LF 2448 $ 16.00 $ 39,168.00 95% $ 37,209.60 $ 1,958.40
8"PVC CUT 8- 10 LF 1,248 $ 19.00 $ 23,712.00 95% $ 22,526.40 $ 1,185.60
8"PVC CUT IQ-12 LF 680 $ 22.00 $ 14,960.00 95% $ 14,212.00 $ 748.00
8"PVC CUT 12-14 LF 834 $ 25.00 $ 20,850.00 95% $ 19,807.50 $ 1,042.50
8"PVC CUT 14-16 LF 217 $ 28.00 $ 6,076.00 95% $ 5,772.20 $ 303.80
8"PVC CUT 6-8 DHP LF 84 $ 35.00 $ 2,940.00 95% $ 2,793.00 $ 147.00
MH CUT 0-6 EA 14 $ 1,775.00 $ 24,850.00 95% $ 23,607.50 $ 1,242.50
MH CUT 6-8 EA 6 $ 2,100.00 $ 12,600.00 95% $ 11,970.00 $ 630.00
MH CUT 8-10 EA 2 $ 2,400.00 $ 4,800.00 95% $ 4,560.00 $ 240.00
MH CUT 10-12 EA 7 $ 2,700.00 $ 18,900.00 95% $ 17,955.00 $ 945.00
MHCUT 12-14 EA 2 $ 3,000.00 $ 6,000.00 95% $ 5,700.00 $ 300.00
MH CUT 14-16 EA 3 $ 3,300.00 $ 9,900.00 95% $ 9,405.00 $ 495.00
DROPMH EA 5 $ 3,500.00 $ 17,500.00 95% $ 16,625.00 $ 875.00
SINGLE SERVICES EA 23 $ 650.00 $ 14,950.00 95% $ 14,202.50 $ 747.50
DBL DERVICES EA 88 $ 760.00 $ 66,880.00 95% $ 63,536.00 $ 3,344.00
TV TEST EA 1 $ 7,500.00 $ 7,500.00 95% $ 7,125.00 $ 375.00
4"PVC LF 1780 $ 8.25 $ 14,685.00 95% $ 13,950.75 $ 734.25
4"80BEND EA 2 $ 275.00 $ 550.00 95% $ 522.50 $ 27.50
41145 BEND EA 2 $ 275.00 $ 550.00 95% $ 522.50 $ 27.50
4"GV EA 5 $ 500.00 $ 2,500.00 95% $ 2,375.00 $ 125.00
4"BORE LF 166 $ 55.00 $ 9,130.00 95% $ 8,673.50 $ 456.50
CONNECT TO EXISTING FM EA 1 $ 3,800.00 $ 3,800.00 95% $ 3,610.00 $ 190.00
LIFT STATION LS 1 $ 104,650.00 $ 104,650.00 95% $ 99,417.50 $ 5,232.50
WATER SERVICE EA I $ 750.00 $ 750.00 0% $ - $ 750.00
Subtotal $ 448,195.00 $425,072.75 $ 23,122.25
Water
8"PVC PIPE LF 1310 $ 15.50 $ 20,305.00 95% $ 19,289.75 $ 1,015.25
6"PVC PIPE LF 6972 $ 11.05 $ 77,040.60 95% $ 73,188.57 $ 3,852.03
8"DHP PIPE LF 45 $ 31.00 $ 1,395.00 95% $ 1,325.25 $ 69.75
6"GV EA 16 $ 900.00 $ 14,400.00 95% $ 13,680.00 $ 720.00
8"GV EA 4 $ 1,190.00 $ 4,760.00 95% $ 4,522.00 $ 238.00
8"X6" TEE EA 2 $ 475.00 $ 950.00 95% $ 902.50 $ 47.50
6"45 BENDS EA 14 $ 285.00 $ 3,990.00 95% $ 3,790.50 $ 199.50
6"22.5 BENDS EA 4 $ 275.00 $ 1,100.00 95% $ 1,045.00 $ 55.00
6"PLUG EA 1 $ 250.00 $ 250.00 95% $ 237.50 $ 12.50
8"X6"RED EA 5 $ 450.00 $ 2,250.00 95% $ 2,137.50 $ 112.50
8"45 BENDS EA 4 $ 250.00 $ 1,000.00 95% $ 950.00 $ 50.00
6"X8"TEE EA 1 $ 675.00 $ 675.00 95% $ 641.25 $ 33.75
6"X8"CROSS EA I $ 675.00 $ 675.00 95% $ 641.25 $ 33.75
6"X6" TEE EA 7 $ 350.00 $ 2,450.00 95% $ 2,327.50 $ 122.50
FIRE HYDRANT ASSM EA 9 $ 3,500.00 $ 31,500.00 95% $ 29,925.00 $ 1,575.00
2"BLOWOFF EA 1 $ 475.00 $ 475.00 95% $ 451.25 $ 23.75
DBLE SERVICES EA 95 $ 850.00 $ 80,750.00 95% $ 76,712.50 $ 4,037.50
TEMP JUMPER EA 1 $ 1,600.00 $ 1,600.00 95% $ 1,520.00 $ 80.00
BACT'S EA 20 $ 300.00 $ 6,000.00 95% $ 5,700.00 $ 300.00
SAMPLE PTS EA 10 $ 275.00 $ 2,750.00 95% $ 2,612.50 $ 137.50
CONNECT TO EXISTING EA 1 $ 3,800.00 $ 3,800.00 95% $ 3,610.00 $ 190.00
BORE 8" LF 122 $ 85.00 $ 10,370.00 95% $ 9,851.50 $ 518.50
SINGLE SERVICES EA 6 $ 750.00 $ 4,500.00 95% $ 4,275.00 $ 225.00
Subtotal $ 272,985.60 $259,336.32 $ 13,64928
@)
Cost Estimate for
AShbury Subdivision
Sto:nnSewer
15~HDPE LF 1145 . 18.60 . 21,297.00 95% .$ 20,232.15 . 1,064.85
18" HOPE LF 1,287 . 22.00 . 28,314.00 95% .$ 26,898.30 . 1,415.70
24" IIDPE LF 92' . 27.60 . 25,502.40 95% .$ 24,227..28 . 1,275.12
30. HOPE LF 659 . 33.50 . 22,076.50 95% $ 20,972.68 . 1,103.83
36"HDPE LF 383 . 3950 . 15,128.50 95% .$ 14,372.08 . 756.43
15"HDPE PLUGS EA 2 . 1,100.00 . 2,200.00 95% . 2,090.00 . 110.00
15BCCMP LF 210 . 28.00 . 5,880.00 95% . 5,586.00 . 294.00
18" BCCMP LF 40 . 33.00 . 1,320.00 95% . 1,254.00 . 66.00
24"BCCMP LF 60 . 37.00 . 2,220.00 95% . 2,109.00 . 111.00
30. BCCMP LF 40 . 62.00 . 2,480.00 95% . 2,356.00 . 124.00
15"MES EA 1 . 675.00 . 675.00 95% . 641.25 . 33.75
18"MES EA 1 . 875.00 . 875.00 95% . 831.25 . 43.75
30"MES EA 1 . 1,575.00 . 1,575.00 95% . 1,496.25 . 78.75
34"X38" MES EA I . 1,900.00 . 1,900.00 95% . 1,805.00 . 95.00
24~X38'ERCP LF 60 . 80.00 . 4,800.00 95% . 4,560.00 . 240.00
18"RCP LF .. . 34.00 . 2,992.00 95% . 2,842.40 . 149.60
36"RCP LF 10 . 100.00 . 1,000.00 95% . 950.00 . 50.00
TYPE C fNLET EA 2 . 1,200.00 . 2,400.00 95% . 2,280.00 . 120.00
TYPE D INLETS CS EA 1 . 1,500.00 . 1,500.00 95% . 1,425.00 . 75.00
TYPE C INLET CS EA 1 . 1,400.00 . 1,400.00 95% . 1,330.00 . 70.00
CURB INLETS EA 1 . 1,500.00 . 1,500.00 95% . 1,425.00 . 75.00
:MIAMI INLETS SINOLE EA 1 . 1,900.00 . 1,900.00 95% . 1,805.00 . 95.00
MIAMJ INLETS DBL GRATE EA 19 . 2,100.00 . 39,900.00 95% S 37,905.00 . 1,995.00
MIAMI INLETS DBLE ORATE EA 12 . 2,100.00 . 25,200.00 95% .$ 23,940.00 . 1,260.00
STORM: INLETS EA 6 . 2,500.00 . 15,000.00 95% S 14,250.00 . 750.00
36" BCCMP LF 80 . 59.00 . 4,720.00 95% . 4,484.00 . 236.00
Su.btotal .$ 233,755.40 $222,067.63 . 11,687.77
ODSite
Mobilizllt:iOD LS 1 . 6,500.00 . 6,500.00 50% . 3,250.00 . 3,250.00
Silt Fence LF 6,000 . 1.00 . 6,000.00 90% . 5,400.00 . 600.00
IHavbailes EA 150 . 10.00 . 1,500.00 75% . 1,125.00 . 375.00
Perimeter Berni Clearing Buff LF 6,175 $1.00 $6,175.00 95% . 5,866.25 . 308.75
Selective Clear LS 1 . 6,500.00 . 6,500.00 0% . - . 6,500.00
Clear & Grub & Grind AC 20 . 3,200.00 . 64,000.00 75% .$ 48,000.00 . 16,000.00
Pond Excavation CY 101,750.00 . 1.5() . 152,625.00 75% $114,468.75 . 38,156.25
Earth Work CY 9,000.00 . 5.75 . 51,750.00 20% $ 10,350.00 . 41,400.00
EXDOrtFill CY 50,775 . m.80) $ (40,620.00 0% . - .$ (40,620.00)
l\sobalt I"S~III SY 17,548 . 3.70 . 64,927.60 0% . - . 64,927.60
8~Rock Base SY 17,548 . 6.20 .$ 108,797.60 0% . - $ 108.797.60
8~Stabilized SubD3de SY 22,185 . 1.80 . 39,933.00 0% . - . 39,933.00
3f4- AsDhaIt1'vDc8-111 SY 1,350 . 2.80 . 3,780.00 0% . - . 3,780.00
1114"TvPe8-11 SY 1,350 . 4.60 . 6,210.00 0% . - . 6,210.00
8"rockBase SY 1,350 . 7.80 . 10,530.00 0% $ - . 10,530.00
12" Stabilized Subgrade SY 1,530 . 2.60 $ 3,978.00 0% . - . 3,978.00
Prime Coat SY 18,698 . 0.36 . 6,731.28 0% . - . 6,731.28
FC"'" LF 993 . 9.35 . 9,284.55 0% . - . 9,284.55
DC"'" LF 640 . 7.65 . 4,896.00 0% . - . 4,896.00
Mimm cum LF 14,190 . 8.25 $ 117,067.50 0% . - $ 117,067.50
Ribbon Cwb LF 95 . 8.00 . 760.00 0% . - . 760.00
Seed & Mulcb AC 6 . 1,350.00 . 7,425.00 0% . - . 7,425.00
Sod Back of Curb 2~ SF 28,380 . 0.15 . 4,257.00 0% . - . 4,257.00
Sod Lakes SloOllS SF 64,500 . 0.15 . 9,675.00 0% . - . 9,675.00
2'"x4~ clay Trench LF 1,150 . 10.00 . 11,500.00 0% . . 11,500.00
BrickPavers SY 93 . 65.00 . 6,045.00 0% . - . 6,045.00
Exotic Removal LS 1 . 8,600.00 . 8,600.00 0% . - . 8,600.00
Wetland Consr Area Sil!ll EA 17 . 190.00 . 3,230.00 0% . - . 3,230.00
StreetNameSigo EA 10 . 125.00 . 1,250.00 0% . - . 1,250.00
R4.Ysi= EA 1 $ 250.00 . 250.00 0% . - . 250.00
24" Stoo Barf sW1 Ea 8 . 300.00 . 2,400.00 0% . - . 2,400.00
S"""",,. LS 1 . 2,500.00 . 2,500.00 0% . - . 2,500.00
HC Ramos EA 10 . 500.00 . 5,000.00 0% . - $ 5,000.00
DeWaterinlt LS 1 . 1,000.00 . 1,000.00 0% . - $ 1,000.00
ErosiD Control LS 1 . 3,500.00 . 3,500.00 0% . - . 3,500.00
Conduits EA 7' . 120.00 $ 9,000.00 0% . - . 9,000.00
SilmS & Striooinll LS 1 . 4,900.00 . 4,900.00 0% . - . 4,900.00
Subtotal $ 685,182.53 $188,460.00 $ 512,363.78
Cost Estimate for
Ashbury Subdivision
Off Site
TLP Saw Cut LF 440 $ 1.50 $ 660.00 0"10 $ - $ 660.00
TLP Earth Work LS I $ 4,350.00 $ 4,350.00 0"10 $ - $ 4,350.00
I"TYPE S-3 Asphalt SY 628 $ 4.75 $ 2,983.00 0"10 $ - $ 2,983.00
I 1/2"TYPE S-I Asphalt SY 526 $ 5.76 $ 3,029.76 0"10 $ - $ 3,029.76
12"Base Rock SY 567 $ 13.90 $ 7,881.30 0% $ - $ 7,881.30
Subbase SY 567 $ 3.50 $ 1,984.50 0% $ - $ 1,984.50
PS I "TYPE S-3 Asphalt SY 160 $ 4.75 $ 760.00 0% $ - $ 760.00
6"Base Rock SY 160 $ 6.50 $ 1,040.00 0% $ - $ 1,040.00
8"Stabilized Subgrade SY 160 $ 3.50 $ 560.00 0% $ - $ 560.00
4"Stabilized Shoulder SY 160 $ 3.50 $ 560.00 0% $ - $ 560.00
8"Sidewalk LF 65 $ 15.80 $ 1,027.00 0% $ - $ 1,027.00
Handicap Ramps EA 2 $ 500.00 $ 1,000.00 0% $ - $ 1,000.00
Sod SF 20000 $ 0.15 $ 3,000.00 0% $ - $ 3,000.00
MOT LS I $ 2,575.00 $ 2,575.00 0"10 $ - $ 2,575.00
PLR 11/2"TYPE S-I Asphalt SY 1580 $ 5.75 $ 9,085.00 0% $ - $ 9,085.00
PLR 8"Base Rock SY 1550 $ 6.50 $ 10,075.00 0"/. $ - $ 10,075.00
PLR 8"Stabilized Subgrade SY 2080 $ 2.25 $ 4,680.00 0"10 $ - $ 4,680.00
Prime Coat SY 1550 $ 0.35 $ 542.50 0"10 $ - $ 542.50
F Curb LF 1135 $ 9.35 $ 10,612.25 0"10 $ - $ 10,612.25
Earthwork CY 1000 $ 9.75 $ 9,750.00 0"10 $ - $ 9,750.00
Sod SF 11280 $ 0.15 $ 1,692.00 0% $ - $ 1,692.00
Signs & Stripping LS I $ 2,500 .00 $ 2,500.00 0"10 $ - $ 2,500.00
Subtotal $ 80,347.31 $ - $ 80,347.31
Professional
Engineering LS 1 $ 25,000.00 $ 25,000.00 75% $ 18,750.00 $ 6,250.00
Layouts! as-builts LS 1 $ 35,000.00 $ 35,000.00 60% $ 21,000.00 $ 14,000.00
SUBTOTAL $ 60,000.00 $ 60,000.00 $ 39,750.00 $ 20,250.00
TOTAL COMPLETE REMAINING
Sauitary Sewer $ 448,195.00 $ 425,072.75 $ 23,122.25
Water $ 272,985.60 $ 259,336.32 $ 13,649.28
Storm Sewer $ 233,755.40 $ 222,067.63 $11,687.77
Onsite work $ 685,182.53 $ 188,460.00 $ 512,363.78
Orf Site Improvements $ 80,347.31 $ - $ 80,347.31
Professional $ 60,000.00 $ 39,750.00 $ 20,250.00
I TOTAL $ 1,780,465.84 $1,134,686.70 $ 661,420.39
CONTINGENCY 10% -r $66,142.04
TOTAL BOND AMOT I $ 727,562.43
~\/ Date: g/c3 65
'OFU I1&; P.E. No. 47048
@
JOSEPH W. SCHULKE, P.E.
JOOAH B. BITTLE, P.E.
WilLIAM P. STOOOARO, Ph.D., P.E.
SCHULKE, BrITLE & STODDARD, L.L.C.
CIVIL & STRUCTURAL ENGINEERING . LAND PLANNING . ENVIRONMENTAL PERMITTING
Engineers Certified Cost Estimate - Ashbury Subdivision
I, Joseph Schulke, P.E., A Florida registered engineer, License No. 47048, do hereby
certify to the City of Sebastian that a cost estimate for sidewalks has been prepared under
my responsible direction for those improvements itemized in this exhibit and that the
total cost estimate for said improvements is $28,470.75 and represents the estimated cost
to construct the sidewalks plus a 10% contingency. lbis estimate has been prepared, in
part, to induce approval by the county of a reduction of the bond amount for the Ashbury
Subdivision, and for the purpos f establishing proper surety amounts associated
therewith.
Date: ~ 2;,105
No. 47048
k~~~ -
r _ ~~~
IS~~
1717 INDIAN RIVER BLVD., SUITE 301, VERO BEACH, FLORIDA 32960
TEL 772/ 770-9622 FAX 772/ 770-9496 EMAIL sbseng@bellsouth.net
~
\V
Sidewalk
BOND AMOUNT FOR ASHBURY SUBDIVISION 8-23-05
DESCRIPTION
UANTITY UNlTPRICE TOTAL
GENERAL
Interior sidewalks
LF
2465
$10.50 $25,882.50
Subtotal
$25,882.50
PLUS 10%
$2,588.25
BOND AMOUNT
$28,470.75
Date;~h5
~.
~~
.
t ~o<
SEP 08 2005 16:16 FR CLRRK COMPRNIES
321 768 2009 TO 7723888248
P.02/06
PERFORMANCE BOND
Bond# 8705565
KNOW ALL MEN BY THESE PRESENTS:
That Clark DevelopmeJlt Company, a Florida cOIporation. developer (hereinafter called
the "Principal"), and Old Dominion Insurance Company, a surety company authorized to
transact business in the State of Florida (hereinafter called the "Surety"), are held and
firmly bound unto the City of Sebastian, a political subdj.,qsion of the State of Florida
(hereinafter called the "'City"), in the full and just sum of Twenty Eight Thousand Four
Hundred Seventy One Hnd 00/100 Dollars ($28,471.00) lawful money of the United
States of America, to b,: paid to the City, to which payment well and truly to be made we
bind ourselves, our heiJ's, executors, administrators, successors and assigns jointly and
severally. firmly by thee presents.
WHEREAS, the above bounded Principal, as a condition precedent to the approval by the
City of a plat of a certaiin subdivision known as Ashbury Subdivision has entered into a
written contract with the City to construct required interior sidewalk improvements .
consisting of 2,465 linear feet as prescribed by fue contract and the Subdivision and
Platting Ordinance of Sebastian, pertaining to said subdivision. The contract is
incorporated herein by this reference and made a part hereof for all purposes; and
WHEREAS, it was one, of the conditions of the contract that this bond be executed.
NOW, THEREFORE, THE CONDmONS OF THIS OBLIGATION are that if the
above bounded Princip,al shall in all respects comply wifu fue terms and conditions of the
contract, within the time therein specified, and shall in every respect fulfill its obligations
thereunder and under the permits, plans and regulations therein referred to and made a
part thereof, and shall il1demnify and save harmless the nty against or from all claims,
costs, which the City may sustain on account orthe failure of the Principal to carry out
and execute all the provisions of the contract, within the time therein specified, then this
obligation to be void; otherwise to be and remain in full force and virtue.
THE SURETY UNCO:'IDITIONALL Y COVENANTS AND AGREES fuat if the
Principal fails to perform all or any part of the obligations stated in said contract, within
fue time specified, the Surety, upon sixty (60) days' written notice from the City, or its
authorized representati'fc, as to the default. will forthwith perform and complete the
aforesaid obligations and pay the cost thereof, including but not limited to, engineering,
legal and contingent costs. Should fue Surety fail or refuse to perform and complete said
improvements, the City, in view of the public interest, health, safety and welfare and the
inducement in approving and fillng said plat, shall have the right to resort to any and all
legal remedies against 1he Principal and the Surety, or either, including specific
performance, to which the Principal and Surety unconditionally agree.
SEP 08 2005 16:17 FR CLRRK COMPRNIES
321 768 2009 TO 7723888248
P.03/06
THE PRINCIPAL AND SURETY FURTHBRjointly and severally agree that the City, at
its option, shall have the right to construet or, pursuant to receipt of competitive bids,
cause to be constructed the aforementioned improvements in the event the Principal, or
the Surety jfrequested, should fail or refuse to do so in accordance with the terms of the
contract. In the event the City should exercise and give effect to such right, the Principal
and the Surety shall be jointly and severally liable hereunder to reimburse the City for the
total costs thereof, including but not limited to, engineering, legal and contingent costs,
including reasonable attorney's fees, together with any damages, either direct or
consequential, which lILay be sustained by the City on account of the failure of the
Principal to carry out llnd execute all provisions of the contract.
It is expressly understo.od that the protections provided by this bond shall run exclusively
to the City and its succ'~ssors or assigns and same are not expressly or impliedly intended
to protect or save harmless any contractor, subcontractor, .supplier, materialman, laborer,
purchaser, or other party unless expressly agreed and acknowledged by the City in
writing.
IN WITNESS WHEREOF, the Principal and the Surety have executed these presents this
8th day of September, 2005.
Witnesses:
o .. ~~)&(~ ~f(L,'
Printed arne: - .
~~+.""R" ''S. C:.~Te:I\1~
[1. . .t-~<\:l~o.tJiJ, "
Printed name: .
~,'S~.....~ (~"''''''..:.H 1<:'
Pruitt Insurance Agency, Inc.
P.O. Box 360875
Melbourne, FL 32936-0875
(321)254-3639
c9
Clark Development Company
Principal
By: ~. COo...,....
Coy A. . President
Old Dominion Insurance Company
Surety
By:~-<;f~Vl.>-<a "-
Attorney-in-Faet i*1r
Licensed Resident Agent #A095296
Vanessa Y:. Genovese ....--:-;-:;--..-._.
(({{~;)>)
$ ~...... .......;"
..~ <:...~......-.......-_.... ..~-
.....................:."l :_:~..... ....;0.
"""." .. . ".... .,~
SEP 08 2005 16: 17 FR CLARK CDMPAN I ES
321 768 2009 TO 7723888248
P.06/06
~ OLD DoMINION
'if!!e) INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESi=NTS: That the Old Dominion IDSUIalIt'O Company, a Florida cOI]lOration having its
principal office In the City of JacksonvUlc, State ofFlorlda, pumulntlO AI1lcle xn oftlle By-Law5 ohaid Company, 10 wit:
"Article XIl. The chief executive offi,,,,r or president or a vice-president may execute fidelity and SIIRlY bonds IIId other
bonds, contracts of indemnity, recognizances, stipula1loo, uodertaklngs, rec:eip~ releases, deed releases of mortgageo,
cOlonels, ogre.menls, policies, notic,," of appearance, waive.. of citation and CODSenlS to modifications of eontrllets a5
may be required in the otdlnary course of business or by vote of the directors, and such ""eculloa may be anested where
necessary or desirable and the seal of the company where necOSSlll)' or desirable IDlY be atTlXed 10 Ibe specifIC instnunent
by a secretary or an assislant secretar),.
The chief executive officer or president may with the COllcmrencc of the secretary appoint and anthorize an anoroey-in-1iIct
or any other person to execute on beh..lf oflbe company any of said ins1rumeots and undertakings and to atTlX the seal of
Ibe company thereto where necessuy or deai",ble. . 'RESOLVED, that the signatures and attestatiollS of such officeri lllld the seal
of the Company may be affixed to an:! such Power of Attorney by filcsiJmle, aod any such Power '!...~ ~ such
f\Icoimile signatwcs or Cacslmlle seal :shall be valid and binding upon the Coropoilly when so affi~ respect to any bond,
or other COIltrllct of Indemnity or writing obligatory in the nature thereQf, ~Cf;i:
PursWllll to said by-law: Lonnie K fruit! Van_ Y Genovese ~
is henlby appointed and authorized as a true and lawlill anomey.In.fact to make, r? ~. Stal and deliver for and on behalf
as lIS ac:t and deed bonds, undertakings, recogniullCcs, contracts Oflndcmnl~%:n'i8gs obligatory in the tlllluiC of
a bood subjecl to the fbUowing limitadon: ~@;>
No one bond to en 0 n($5,OOO.Ooo.OO)
and to bond Old DOlJlinion lDlsurance Company thereby as fully same if such io$lnID1enlS were signed by
..""......._"'O"__~ ""_-_
satisfied and confltllled. @
IN WITNESS WHEREOF, Old DomirdoD Insurance Co ~!lIe prcseuts 10 be signed by Its autholize~.{I:ptlOlll;!!tarive
and Its cOlpOfllte seal to be hereto affixed this 18th day 0 2 rlt APPOINTMeNT SHALL CEASI!1. ,lE
AUTOMATICALt.YASOFDECEMBi~31ST.. esn oked as provided. /:~~J~\
v(\.\; c: ~ ' .='I!~' v"'o(....~ "'. ~
<>.~ ~ 1!'S':.~:;:S~me\$ ~
~ ~ .<N... .-.
~ :cr::: _ - ~:'.C ~::
QJdDominion Insurance Company ~~~ y: ;-. ~ . ~'.lL
~~ @;;o);YLynE.,AUtho' \ ,.,?>>':':',\)t;i-~:',
. fi. .. -'30 ....~..".
State of New Hampshire. Co1lll!y 0 ~ ~ ":. '":' ....~...i}_..._.- ...,.'
00 this 18th day ~fJanuary 2 l the so a Notary Public of the Stale ofNe~ Hampshire in and fo{fIIii:~:;;.;,.~".:;'^;':::::'--'
CoUDl)' of Cheshire, duly and ed, came Lyn E. Landry oflbe Old Dominion I:nsuraoce Company. -",-",~,,"...,.
to me personally knoWlllgl repres"Dtalive deacribed berein, and who executed the prcecding iDsttomeol, and be acknowledged the
execution of same, and being Y me full;, .worn, dcpoicd and said !bit he Is a repreoeDtarive of sald COmpaDY, aforesaid: that !be se,,1
affixed 10 the preceding instrumenl is tht, corporate seal of said Company, and the Wd cotporate seal and his signature as representative
were duly affixed and subscribed to the ,:aid instnlment by the authority and direction ofthe said Company; that AnIcl~.~1t"'''''",
of the Sy.Laws of said Company is now in force. _.~..~. to\. FOb......
,i;t .......,.'r,.~ ~
~ 111 ,- -. q~''J.
~'" ..' '.:~ '\
IN WITNESS WHEREOF, I havc hcr<:unIo sctmy hand and afflXCd by oflicial seal al Keeqe, ~wHampsbi t81i~ 01 ARt', ~
lSthdayofJaouary200S. . .J-,.."1YJ~ . : ..,~ Ei1 i
Notary Publk: It I. i ;;
. My ColDllliSlIo. Expires; 3-19- ".,0 U B \,. \ 1;.; i
I. William C. McKenna, Corporate Secn:tary of Old Dominion Insurance Company, do hereby certifY that the a ~_ ......~ l
foregoing is a ttue and correct copy ofa Power of Anomey executed by said Company which is still in force and e~ HA;';'~~>"
.'t'hl"....~~\
IN WITNESS WHEREOF. I have hcrc:unto oet my hand and affixcd the seal of said CompaD)' this 8th day of
September. ,2005 . ~~ ~~ .c.......
Corporate Secreta
68.6~ 16.009 briuone /~
WARNING - Any unauthorind reprodu :tlon or alteration of this document is prohibited. This power is void unless seals ,re rea~a e
And tho cel1lflcatlon ..a1 at Ihe bottom I. embossed. The diagonal imprint, warning and confirmation must bo in "'d Ink. j \
CONFIRMATION, Of validity of attached bond, call ODIC at: JaCKsonville (904) 73~873.: - . . \
** TDTr:L PAGE. 06 **
Section 7.2: Construction Restrictions.
Subdivision are imposed as follows:
Construction restrictions for Lots in Ashbury
Section 6.6: Release of Restrictions. Easements. Ifa residence is erected, or the construction of
the residence is substantially advanced, in a manner that violates the restrictions contained in these Covenants
or in a manner that encroaches on any Lot line, Common Property, or easement area, Developer shall have the
right to release the Lot from the restriction it violated. Developer shall also have the right to grant an easement
to permit encroachment by the Residence over the Lot line, or on the Common Property, or the easement area,
so long as Developer, in the exercise of its sole discretion, determines that the release or easement will not
materially and adversely affect the health and safety of Owners, the value of adjacent Lots and appearance of
the subdivision except that Developer shall not release any lot from any restriction related to the stormwater
management system or conservation easement or permit encroachment into any drainage easement or
conservation easement. This subpart does not effect any right, claim, restriction, ordinance, law or regulation
imposed by any United States or State of Florida governmental body or any of their subdivisions.
ARTICL
Use Restrictions an Architectural Control
Section 7.1: Leases Article I provides that all persons who are present in the Subdivision must
comply with the Covenants. In order to enforce this provision, all Owners leasing or renting their Lots shall be
required to incorporate the following provision in their lease or rental agreements (substantially in the
following fonn):
The Leased Premises are a part of a Subdivision. All persons occupying property in Ashbury
Subdivision are required to observe the Covenants and Restrictions of Ashbury Community Association, Inc.
Copies of all Covenants and Restrictions are to be obtained from the Landlord.
In addition, all Owners leasing their Lots are required to provide the Association with a copy of the
lease and the names and addresses ofthe Landlord and the Tenant unless they are contained in the lease or
rental agreement.
(a) A minimum twenty (20) foot set back shall be required from the nearest part of the front of
a residence to the front lot line. A minimum seven and one half (7 .5) foot setback shall be maintained between
the side walls of all structures and the side lot line. The minimum setback between the rear wall of a residence
and the rear Lot line shall be twenty (20) feet for all "interior" Lots and forty (40) feet for all "perimeter" Lots;
provided however, pools, patios and deck structures may encroach into the rear setback, but shall not be nearer
the rear Lot line than five (5) feet for "interior" Lots and twenty (25) feetfor''perimeter'' Lots. For purposes of
this paragraph an "interior" Lot shall mean a Lot having no boundary coincident with the perimeter line ofthe
Plat. A "perimeter" Lot shall mean a Lot having at least one (I) boundary on the perimeter line of the Plat.
(b) The minimum floor area for a dwelling shall be 1500 square feet. "Floor area" shall be
those areas serviced by air conditioning and shall generally not include garages, patios, porches, etc.
(c)
All utilities whatsoever shall be installed underground.
(d)
All roofs shall have a pitch at a minimum of 5/12.
132
8
(e) Roofshingles shall be fiberglass 25 year dimensional shingles. However, a barrel tile
or metal roof may be constructed when approved by the Architectural Review Committee.
(f) Exterior materials of any Lot such as roofing, siding, brick, etc. as well as exterior
color schemes shall be submitted for approval to the Architectural Review Committee as provided in paragraph
7.6 hereof. Builders will be required to incorporate some pastel colors into their exterior color scheme
7 (g) Adjacent homes shall not have the same architectural elevation and shall not have the
same base color or color scheme.
(h) All landscaping on Common Property and the real property comprising a Lot shall
meet minimum City of Sebastian standards and requirements. All vegetation on Common Property or real
property comprising a Lot must be fully irrigated and sodded with St. Augustine grass which, for lakefront lots,
must extend to the waters edge.
(I) A tree location survey shall be included with the submittal to the Architectural Review
Committee. The plan shall show trees being saved and trees being removed. Trees not in conflict with
improvements will be saved if possible. Homeowners are strongly encouraged to preserve existing vegetation
on their lot to promote a natural appearance and mature look to the community. No tree shall be removed
without the written approval of the Architectural Review Committee.
G) Each of Lots 82 through 87 as depicted on the Plat shall be landscaped by the Owner
of each Lot to include two (2) live oak trees and fifteen (15) muraleaf viburnum on the perimeter berm and
which shall be fully sodded and irrigated..
Section 7.3:
Maintenance of Residences and Lots.
(a) All Lots, residences and improvements on the Lots, including sod to the edge of the
pavement, shall be maintained by the Owner, in a neat and attractive condition. All landscaping of Common
Property will be maintained by the Association.
(b) In the event of damage or destruction by fire or other casualty to the residence, or
improvements on any Lot, the Owner shall, upon receipt of the insurance proceeds, repair or rebuild such
. damaged or destroyed residence or improvements in a good workmanlike manner in strict compliance with the
original plans and specifications and building layout of said improvements as constructed by the Developer
within a reasonable time notto exceed one (1) year and in accordance with the provisions ofthese Covenants.
All debris must be removed and the Lot restored to a sightly condition within sixty (60) days of such damage or
destruction.
Section 7.4:
Miscellaneous Use Restrictions.
( a) Fences, walls, hedges or mass planting ofany type shall not exceed a height of six (6)
feet above the finished graded surface of the grounds upon which it is located and shall not be constructed,
planted, placed or maintained upon any Lot without the written consent and approval of the Architectural
Review Committee. No hedge or mass planting of any type exceeding three (3) feet above the finished graded
surface of the ground upon which it is located shall be constructed, planted, placed or maintained between the
street and the front setback line of any Lot. No fences or walls of any type shall be built further forward on a
Lot than ten (10) feet behind the front building line of any residence, and shall not exceed six (6) feet in height,
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City of Sebastian, Florida
OffiCE OF THE CITY A ITORNEY 1-
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AGENDA TRANSMITTAL
Agenda No. 05./8'&
Subject: Charter amendment;
eminent domain limitation
Date Submitted: 9/8/05
For Agenda of: 9/14/05
SUMMARY:
Pursuant to the direction of Council, the following ordinance was prepared to submit a Charter
amendment to the voters on the March 14, 2006 ballot. The amendment would require a
unanimous vote of Council to authorize use of eminent domain to take property for a economic
development project in which the acquired property will be conveyed to a private party.
RECOMMENDED ACTION:
Move to adopt Ordinaoce 0-05-19.
REVIEWED BY CITY CLERK: l
AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: 4J-.L.
ORDINANCE NO. 0-05-19
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, SCHEDULING AN
ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN
ORDER TO AMEND ARTICLE IV OF THE CITY CHARTER TO LIMIT THE
ABILITY OF CITY TO UTILIZE EMINENT DOMAIN FOR ECONOMIC
DEVELOPMENT PROJECTS; PROVIDING FOR THE MANNER IN WHICH SUCH
ELECTION SHALL BE CONDUCTED; ESTABLISHING THE FORM OF THE
BALLOT FOR SUCH ELECTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a
municipality may submit to the electors of that municipality a proposed amendment to all or part
of its charter; and
WHEREAS, recent legal decisions upholding the use of eminent domain to acquire
property on behalf of private parties for purposes of economic development have concerned the
citizens of Sebastian; and
WHEREAS, the City Council desires to submit an amendment to the City Charter on
this issue for ratification by the electors of the City of Sebastian, Indian River County, Florida.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That upon passage of the Referendum submitted hereunder, existing
Section 1.02 (11) of the City Charter of the City of Sebastian, Florida, shall be amended to add a
paragraph as follows:
Section 1.02 Extraterritorial powers.
(11) Eminent domain.
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A unanimous vote of the entire membership of city council shall be required to
authorize the use of eminent domain for a project having a sole purpose of
transferring rights in the properties acquired to a private party in pursuit of economic
development.
Section 2. An election is hereby called and scheduled to be held on March 14,2005,
to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be
approved by a majority of the votes cast in such election by the qualified electors residing in the
City of Sebastian.
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Section 3. The places of voting in such election shall be the usual places of voting in
the City of Sebastian, Florida, in the regular election as determined under the applicable
provisions of Florida law. All duly qualified electors residing within the City of Sebastian shall
be entitled to participate and vote in such election.
Section 4. The purpose of this election shall be to present a referendum issue to the
electors of the City of Sebastian of whether or not to adopt revisions to the City Charter. The
ballot question shall be substantially in the following form:
Referendum
Amending Section 1.02(11) concerning eminent domain power.
Shall the City of Sebastian amend the City Charter to add the following provision?
"A unanimous vote of the entire membership of city council shall be required to
authorize the use of eminent domain for a project having a sole purpose of transferring
rights in the properties acquired to a private party in pursuit of economic development."
Yes for Approval
No for Rejection
Section 5. This Ordinance shall become effective immediately upon its adoption.
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 Nathan McCollum
Vice-Mayor Brian Burkeen
Councilmember Lisanne Monier
Councilmember Andrea Coy
Councilmember Sal Neglia
The Mayor thereupon declared this Ordinance duly adopted this 12th day of October, 2005.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Mayor Nathan B. McCollum
Sally A. Maio, MMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
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