HomeMy WebLinkAbout07262006
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HOME Of PELICAN ISlAND
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, JULY 26, 2006 - 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 COUNCIL MEMBER NEGLIA
3. MOMENT OF SILENCE
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
06.122
1
A.
August 1S\ 2006 National Night Out Proclamation
Sebastian Police Chief Jim Davis
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. If a member of the public wishes to provide input on a
consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start
of the meeting or by raising his/her hand to be recognized.
3-14
A.
Approval of Minutes - 7/12/06 Regular.Meeting
06.123
15-20
B.
Approve Treasure Coast Crafters Club Show at Riverview Park on December
16 & 17, 2006 from 9:00 a.m. to 4 p.m. (Public Works Transmittal, Application,
Information)
06.124
21-45
C.
Authorize Staff to Execute Agreements with Florida Department of Correction
for Labor Assistance for One-Year Period (City Manager Transmittal,
Agreements)
06.125
06.025
47-54
06.113
55-93
05.127
95-115
06.098
8. COMMITTEE REPORTS/RECOMMENDATIONS
A.
Parks & Recreation Advisory Committee
i. Report by Chairman Kevin Miller (no backup)
B.
Tree & Landscape Advisory Committee - One Position
(City Clerk Transmittal, Code, Application, List, Ad)
i. Interview Unless Waived and Submit Nominations for Regular Member
Position to Expire
9. PUBLIC HEARING
Procedures for public hearings (R-05-26)
. Mayor opens hearing
. Attorney reads ordinance or resolution
. Staff presentation
. Public input
. Staff summation
. Mayor closes hearing
. Council action
Anyone wishing to speak is asked to sign up before the meeting, when called go to the podium and state his
or her name
A.
Continuation of Quasi-Judicial Public Hearing - Resolution No. R-06-14-
Sebastian Crossings Commercial Subdivision Preliminary Plat (GMD Transmittal,
R-06-14, Staff Report, P & Z Minutes, Application, Report)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE
PRELIMINARY PLAT FOR A COMMERCIAL SUBDIVISION KNOWN AS SEBASTIAN
CROSSINGS COMMERCIAL; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING
FOR EFFECTIVE DATE.
10. INTRODUCTION OFNEW 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
A.
Authorize the Execution of Amendment 1 to Install Wood Flooring and
Amendment 2 of the E & D Contracting Services Agreement to Rehabilitate the
Old Sebastian Elementary School Building Using Interest Earnings from the
Series 2003 Discretionary Sales Tax Revenue Bonds to Fund the Amendments
in the Amount of $7,000.00 (City Manager Transmittal, Agreement,
Amendments)
B.
Discussion of Watermark Property (Old WalMart) - David Brown (no backup)
2
12. NEW BUSINESS
06.126
117-119
A.
06.0127
121-124
06.114
125-128
06.128
129-132
06.120
133-139
Resolution No. R-06-17 - Supporting New Middle School on 66th Avenue (City Clerk
Transmittal, R-06-17)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, STRONGLY
URGING THE INDIAN RIVER COUNTY SCHOOL BOARD TO CONSTRUCT A NEW MIDDLE
SCHOOL ON SCHOOL DISTRICT PROPERTY ON 66TH AVENUE, AND TO TAKE IMMEDIATE
STEPS TO ALLEVIATE OVERCROWDING CONDITIONS AT SEBASTIAN RIVER MIDDLE SCHOOL.
B.
Award Construction Contract for Aviation Self-Serve Facility to Glasgow Equipment
Service Company in the Amount of $240,960 (City Manager Transmittal, Bid Doc)
C.
First Reading Ordinance No. 0-06-07 - Overgrown Lots - Schedule Public Hearing
for August 23,2006 If Appropriate (City Attorney Transmittal, 0-06-07)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 66-3 TO
DEFINE OVERGROWN LOTS NEXT TO HOMES AS A NUISANCE; PROVIDING FOR CONFLICTS,
SEVERABILITY AND EFFECTIVE DATE.
D.
E.
November and December Holiday Schedule (City Clerk Transmittal, Calendars)
BellSouth Utility Easement (City Manager Transmittal, Map, Easement)
13. CITY ATTORNEY MATTERS
14. CITY MANAGER MATTERS
15. CITY CLERK MATTERS
16. CITY COUNCIL MATTERS
06.098
A.
B.
C.
Mr. Paternoster
Mr. Neglia
Mayor McCollum
i. Possible Locations for Community Center from Existing City Properties (no backup)
E. Mr. Burkeen
F. Ms. Coy
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)
3
Procedures for Quasi-Judicial Hearina
-Mayor opens hearing
-City Council members disclose ex-parte communication
-Applicant or agent makes presentation in favor of request following swearing in by City Clerk
-Staff presents findings and analysis following swearing in by City Clerk
-Council asks questions of the applicant and staff
-Mayor opens the floor for anyone in favor of the request (anyone presenting factual information shall be sworn
but anyone merely advocating approval need not be sworn in)
-Mayor opens the floor for anyone opposing the request
-Applicant provided opportunity to respond to issues raised by staff or public
-Staff provided opportunity to summarize request
-City Council deliberation and questions
-Mayor calls for a motion
-City Council Action
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 TTER CONSIDERED AT
THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT 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 COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINA,TOR AT 589-5330 AT
LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
UDcomina Meetinas:
August 9, 2006 - 7:00 pm - Regular Council Meeting
August 16, 2006 - 6:00 pm - Budget Worksho
August 21, 2006 - 7 pm - Special Meeting - Airport Business Plan
August 23, 2006 - 7:00 pm - Re~ular Council Meeting
September 7, 2006 - 6:00 pm 15 Public Hearing of Budget/Special Meeting
September 13, 2006 - 7:00 pm - Regular Council Meeting
September 19, 2006 - 7:00 pm Final Public Hearing of Budget/Special Meeting
September 27, 2006 - 7:00pm - Regular Council Meeting
October 11, 2006 - 7:00 pm - Regular Council Meeting
October 25, 2006 - 7:00 pm - Regular Council Meeting
4
rc NATIONAL
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HOME OF PELICAN ISLAND ~.I~~a.:-./
f ttOCLAMATIOI\t
01Y OF
WHEREAS. the National Association of TOW" Veatch (NATWi is sponsoring a unique.
nationwide crime. drug and violence prevention program on August 1st, 2006 entitled "National Night
Out": and
WHEREAS, the "23rd Annual National Night Ouf' provides a unique opportunity for the City of
Sebastian to join forces with thousands of other communities across the country in promoting
cooperative, police-community crime prevention efforts; ard
WHEREAS. the Sebastian Police Department plays a vital role in assisting the community
through joint crime, drug and violence prevention efforts in the City of Sebastian and is supporting
"National Night Out 2006 locally; and
WHEREAS. it is essential that all citizens of the City of Sebastial' be aware of the importance
of crime prevention programs and impact the" ';heir participation can have on reducing crime, drug and
violence in our city; and
WHEREAS. poiice-community partnerships. neighborhood safety, awareness and cooperation
are important themes of the "Nationa! Night Ouf program.
NOW, THEREFORE. I. Nathan 8. McCollvrr. by \iiriue ':Jf the authority vested in me as Mayor
of the City of Sebastian, Florida. do hereby call upon an citizens of Sebastian to join the Sebastian
Police Department and the National Association of Town Watch in supporting the "23ro Annual
National Night Out" and further proclaim Tuesday, A.ugust 1 st, 2006 as "National Night Out" in the City
of Sebastian.
IN WITNESS WHEREOF. I h8ve he~eu:lto S8' ..,.,y hand ;::l'lO caused the Seal of the City of
Sebastian to be affixed this 26th day of July 20G6.
---hLf-=---
Nathan B. McCollum. Mayo-
CD
m
HOME OF PELICAN ISlAND
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, JULY 12, 2006 -7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. Mayor McCollum called the regular meeting to order at 7:30 p.m.
A Board of Adjustment meeting held prior to this meeting ended at 7: 19 p.m.
2. Council Member Coy led the Pledge of Allegiance.
3. A moment of silence was held.
4. ROLL CALL
City Council Present:
Mayor Nathan McCollum
Council Member Andrea Coy
Council Member Sal Neglia
Council Member AI Paternoster
City Council Absent:
Vice-Mayor Brian Burkeen (excused)
Staff Present:
City Manager, AI Minner
City Attorney, Rich Stringer
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Parks Supervisor, Chris McCarthy
Police Lieutenant, Bob Lockhart
MIS Systems Analyst, Barbara Brooke
4. 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 Clerk noted that item 12A the BellSouth Easement was to be pulled by the City
Attorney.
On MOTION by Ms. Coy and SECOND by Mr. Neglia the agenda was modified as requested
on a voice vote of 4-0.
Q)
Regular City Council Meeting
July 12, 2006
Page Two
6. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS
06.012
A.
State Representative Ralph Poppell (R-Vero Beach) - 2006 Leoislative Update
Mayor McCollum introduced State Representative Poppell and thanked him for maintaining an
office in City Hall. Representative Poppell thanked the City for the office opportunity and then
gave a brief 2006 legislative update.
Mr. Neglia requested any input that Representative Poppell may have on the three percent
save our home tax cap question. Representative Poppell said he does not like referendums,
thinks it is noble to try and reduce taxes, but noted these are local dollars and people should
be very careful of constitutional amendments.
Mayor McCollum said he would be willing to participate in any committees on this issue if
needed. Ms. Coy asked that people affected by the hurricanes who lost their homestead
exemptions be considered when this issue is being addressed.
Mr. Paternoster inquired if some of the affordable housing funds are set aside for seniors and
workforce housing. Representative Poppell said that is how the issue started.
Damien Gilliams said he wanted an opportunity to ask Representative Poppell for assistance
with boat ramps and parking in the riverfront district.
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. If a member of the public wishes to provide input on a consent agenda item,
he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising
his/her hand to be recognized.
1-9 A.
06.121 B.
11-14
06.121 C.
15-20
Approval of Minutes - 6/28/06 Regular Meeting
Approve Asphalt Overlay Contract with Elmo Greer & Sons for a Cost of $88.00 a
Ton, Not to Exceed $100,000 (Engineering transmittal, bid tab, street list)
Approve Street Renourishment Contract with Asphalt Recycling, Inc. Based on
Piggyback Pricing from Seminole County Not to Exceed $50,000 (Engineering
transmittal, street list, Seminole pricing)
00
2
Regular City Council Meeting
July 12, 2006
Page Three
06.066
21-26
06.117
27-36
06.117
37-46
06.117
47-56
06.118
57-62
06.066
21-26
D.
Approve Riverview Park Restroom Lift Station Construction to Derrico Construction
in the Amount of $60,339
E.
Award Bid to Playmore West, Inc. to Install Playground and Benches at Bryant
Court Park in the Amount of $30,635.00 and Appropriate $2,000 from Riverview Park
Phase IV Project Savings (Parks transmittal, price form, bid tab, drawings,
references, analysis, summary)
F.
Award Bid to Playmore West, Inc. to Install Playground, Swing Set and Benches
at Blossom Street Park in the Amount of $38,720.00 and Appropriate $19,000
from Riverview Park Phase IV Project Savings (Parks transmittal, price form, bid tab,
drawings, references, analysis, summary)
G.
Award Bid to Miller Recreation to Install Playground and Benches at Easy Street
Park in the Amount of $28,189.84 and Appropriate $10,000 from Riverview
Park Phase IV Project Savings (Parks transmittal, price form, bid tab, drawings,
references, analysis, summary)
H.
Authorize Settlement & Reimbursement to Florida League of Cities in the Amount
of $12,750 (Finance transmittal, request, release, settlement)
Mr. Paternoster removed items D through H.
On MOTION by Mr. Neglia, and SECOND by Mayor McCollum, items A, B, and C were
approved on a roll call vote of 4-0.
D.
Approve Riverview Park Restroom Lift Station Construction to Derrico Construction
in the Amount of $60,339
Mr. Paternoster asked the City Manager the difference in the scope of work and the City
Manager explained the bidding process, and said earthwork and other ancillary items such
as landscaping and fences would be done in-house. He said the entire project should be
completed by September.
He said the project will be paid from left over funds from $200,000 previously budgeted for
the band shell.
Damien Gilliams, 1623 US 1, said if this is CRA money being used for recreation, which has
a separate tax, it is wrong. The City Manager said these are not CRA funds.
@
3
Regular City Council Meeting
July 12,2006
Page Four
06.117
27-36
06.117
37-46
06.117
47-56
06.118
57-62
GJ
On MOTION by Mr. Paternoster, and SECOND by Ms. Coy, the allocation of funds as stated
by the City Manager for the lift station in Riverview Park (item D) was approved as
recommended by staff on a roll call vote of 4-0.
E.
Award Bid to Playmore West. Inc. to Install Playground and Benches at Bryant
Court Park in the Amount of $30.635.00 and Appropriate $2.000 from Riverview Park
Phase IV Proiect Savings (Parks transmittal. price form. bid tab. drawings.
references. analysis. summary)
Award Bid to Playmore West. Inc. to Install Playground. SwinQ Set and Benches
at Blossom Street Park in the Amount of $38,720.00 and Appropriate $19.000
from Riverview Park Phase IV Proiect SavinQs (Parks transmittal. price form. bid tab.
drawings. references. analysis. summary)
F.
G.
Award Bid to Miller Recreation to Install PlaYQround and Benches at Easy Street
Park in the Amount of $28.189.84 and Appropriate $10.000 from Riverview
Park Phase IV Project SavinQs (Parks transmittal, price form, bid tab. drawings.
references. analysis. summary)
Mr. Paternoster said he would combine items E, F and G with one question; and asked if
these were handicapped accessible. The City Manager said they were not and explained
how these parks were planned prior to his arrival and that the additional appropriations
recommended were there for additional concrete and landscaping work by in-house staff.
The Parks Supervisor said that ordering the playgrounds will take the longest and when we
have full crews we can get the concrete work done.
On MOTION by Mr. Paternoster, and SECOND by Ms. Coy, items E, F and G were
approved on a roll call vote of 4-0.
H.
Authorize Settlement & Reimbursement to Florida LeaQue of Cities in the Amount
of $12.750 (Finance transmittal. request. release. settlement)
Mr. Paternoster asked for further information on the case. The City Attorney said an
employee ran a red light and there were medical bills and a total on the vehicle. He said
FLC has authority to settle claims and he makes sure they are brought to Council even
though it is below the spending threshold. He said there are bills to justify the amount and
there is currently no deductible.
On MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, item H was approved on a roll
call vote of 4-0.
4
Regular City Council Meeting
July 12, 2006
Page Five
8. COMMITTEE REPORTS/RECOMMENDATIONS
06.022
63-70
A.
Code Enforcement Board
(City Clerk Transmittal, orders)
i. Receive Code Enforcement Orders
Received.
06.024
71-80
B.
Construction Board - Fill One Alternate Position
(City Clerk Transmittal, code, application, list, ad)
i. Interview, Unless Waived and Submit Nominations for Alternate Member,
Concerned Citizen Position to Expire 9/30/07
The only applicant, Shawn Hosey, addressed the City Council.
Mr. Neglia nominated Mr. Hosey and he was appointed to the alternate position.
9. PUBLIC HEARING
06.096
81-88
A.
Second Reading and Public Hearing - Ordinance No. 0-06-06- Code Enforcement
Special Magistrate (City Attorney Transmittal. 0-06-06)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES
CHAPTER 2, ARTICLE VI, DIVISION II, CODE ENFORCEMENT BOARD AND RENAMING SAID
DIVISION CODE ENFORCEMENT; AMENDING CODE TO REFLECT USE OF SPECIAL MAGISTRATE;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE. (PJ ad 6/28/06)
The City Attorney read Ordinance No. 0-06-06 by title.
Mayor McCollum opened the hearing at 8:38 p.m. and being no input he closed it.
Mr. Paternoster inquired about the meaning of "reasonable belief' and "probable
cause" and the City Attorney responded that this is a lesser standard than police
standards.
Mr. Paternoster asked for clarification of the word "may" in regard to imposing
penalties when someone waives the right to a hearing, the City Attorney stated that a
citation has a debt amount but it is a judgment and we hav~ to go after it.
Mr. Neglia asked if the time frames would be revamped when the magistrate comes on
board. The City Attorney responded that "reasonable time" to come into compliance
would depend on the offense and a reasonable time to alleviate the matter.
On MOTION by Ms. Coy, and SECOND by Mr. Neglia, Ordinance No. 0-06-06 was
adopted on a roll call vote of 4-0.
8
5
Regular City Council Meeting
July 12, 2006
Page Six
171
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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
Steve Buttles, 491 Biscayne Lane, said he is being flooded out by new construction and
exhibited photos adjacent to his home and other areas in his neighborhood. He said no one is
enforcing builders to do the right thing and standing water is causing a health risk; and he is
being told by the City and the builder that it is not their responsibility to fix it.
The City Manager said Sebastian has back ditches, front swales and in some cases back
swales and that Mr. Buttles' situation is a back swale and back swales are not designed for
drainage. He said new houses are being built to be above the water table, and are required
to drain off water from their property, and this problem is being seen for houses built in the
80's which drained off into undeveloped lots. He said because of higher houses, the low lying
properties can no longer drain off their own water and it pools. He said a group of staff
members and Mr. Paternoster met to discuss these issues and the final determination is that
they agreed they were not sure this was the city's problem but at some point government has
to get involved and see what it can do to help.
Mr. Paternoster said some conditions they saw today on a tour around town are deplorable.
He said he asked at the meeting whether staff looks at elevations when considering a site
plan, and should people who have lived here for many years now have to live in squalor
because of the current elevation situation. He said if you look in the codes there are city
responsibilities to make sure that drainage flows and engineering keeps an eye on what is
going on.
The City Attorney said they have to be looked on case by case because there are situations
where lack of improvements are causing water to puddle, situations where a lot was not set to
drain properly when it was built twenty years ago and they suddenly didn't have their
neighbors yard to drain into, and situations where something is draining onto their lot that
shouldn't. He said the effect of the state's requirement for higher elevations is stopping the
flow of water off of older lots. He said there are many ways to look at solutions to retrofit old
development, but asking new houses to pay for the problem is not appropriate because they
are doing what they are supposed to do. He said houses built in the old days have settled
because debris was plowed under.
Mr. Buttles said as long as there is contoured drainage you can move the water to the front of
the property; and expressed concern about mosquitoes. He was advised to contact Mosquito
Control.
Mr. Paternoster suggested that there are private property issues to consider, that he wants to
help with these problems, and perhaps a workshop is needed.
Mayor McCollum said if this is a private property issue there could be liability and the City
Attorney reiterated it is a case-by-case issue and said you don't want to use taxpayer money
to fix individual problems.
6
Regular City Council Meeting
July 12, 2006
Page Seven
Mayor McCollum said situations like the photos he sees tonight are happening day after day,
that the Treasure Coast Builders Association said it would help but Mr. Buttles pictures are
proof that the problems are still going on, and we need to start red tagging builders and fining
them.
Ms. Coy asked Mr. Buttles if the current problems are due to new construction today. Mr.
Buttles said the adjacent house was completed nine months ago and then presented a letter
whereby the Holiday Builders agreed to help him. Ms. Coy said she had dealt with the City
and the builders and there have been successful resolutions in at least two cases. She said
there are things that can be done such as putting a drainage ditch in between the two lots
rather than a steep slope right onto the adjacent property. She said it is a personal property
rights issue but is hoping the city is not saying there is nothing we can do.
Ms. Coy said flooding is a common problem throughout the highlands and said she does not
want this dropped and does not want the city to say it cannot do anything.
Mr. Paternoster said there is a private property and easement issue, but there are problems
with swales and dumpsters in the front of the houses, and some of the problems run with the
need for proper slope.
Mr. Buttles said properties should be prepped properly before they build to keep water flowing.
Ms. Coy said it is time to send Code Enforcement out and start fining builders if they are not
meeting what they said they were going to do.
Mayor McCollum asked the City Attorney to bring back a legal opinion on this issue.
Mr. Paternoster recommended putting this on the next agenda, however, Mayor McCollum
said the City Attorney would need time to research and it should be a separate meeting.
???, 1274 Barber Street, said he was also getting flooded out and that Barber Street was
covered with potholes and cracks. He said he had called about a large pothole at 1290 Barber
Street for two weeks and it is still not fixed.
Dale Simchick, South Easy Street, reported that Sebastian Harbor's owner has officially
withdrawn his permit application; however, on June 29 a new application was submitted for
116 homes on a 58-acre parcel and this would allow only one egress to Englar Drive. She
said this will affect police and fire, schools, and asked Council to be involved with the Englar
Drive level of service throughway.
Damien Gilliams, Sebastian, commended the City Attorney for providing office space for
Representative Poppell, recommended offering space to Representative Mayfield, discussed
the need for boat ramps and parking in the Riverfront District with state money available,
commended Mr. Paternoster for his work on drainage and said this is a comprehensive
problem, reminded Council that every taxpayer is being charged a drainage fee, suggested
retention ponds in hot spots in the highlands, asked if the moratorium at the airport will ever
end and asked what the holdup is, said he hopes we don't consider the Skillman property for a
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7
Regular City Council Meeting
July 12,2006
Page Eight
community center, commended Council for taking the lead in the school issue, discussed the
passing on of the clambake leadership, was concerned about the City being a partner and
asked that the taxpayers be reimbursed for all the money laid out in previous years,
recommended establishing a wi-fi connection in the City, recommended against the sale of
fuel at the airport, said the closing of City Hall should have been approved by Council, said if
businesses have to use Waste Management they should be more competitive with their
prices, said the 4th of July was great and thanked City Manager and Chief for keeping Indian
River Drive open during the day, asked about Planning and Zoning progress on backing out of
businesses in the Riverfront District. The City Manager said P & Z has discussed it and was
not favorable with the idea and if Council wanted to continue it he will bring it back to them.
Ms. Coy said she was satisfied with the result and unless other Council members are
interested in pursuing it she would let it drop.
Mark Wilson, 510 Browning Terrace, said Adams House built a house on Coverbrook and
Rolling Hill and said the elevation is so high he has a swamp in his back yard. Mayor
McCollum said the City Attorney is going to bring back an opinion on this. Mr. Wilson said he
cannot find the number for mosquito control.
Mayor McCollum called recess at 9:50 p.m. and reconvened the meeting at 9:55 p.m. All
members at roll call were present.
11. OLD BUSINESS
06.094
89-90
GiJ
A.
Conlon Landscaping. Inc. Swale/Ditch Mowing Contract Extension #2 (Public
Works Transmittal. explanation. map)
The City Manager reiterated his recommendation for extension #2 to the Conlon Mowing
Contract as set out in the agenda packet, however, he said we actually have excess cash in
the amount of $1 M in the stormwater utility fund which won't be needed for Easy Street for at
least a year, and then advised to pay ourselves back we will use the stormwater utility fee next
year.
???, asked Mr. Minner about the Barber Street and Benedictine Terrace ditch and the City
Manager showed him the area on the map he had displayed for the audience.
Louise Kautenberg said she is happy to know that her ditch will be cleared, but said the
Evernia and Iris Street ditch is very steep and is not on the map.
Ms. Coy said this is a project that needs to be continued year after year.
Mr. Paternoster asked if the map accurately depicts all the ditches in the city and will this
figure completely take care of everything. The City Manager said that figure would take care
of everything depicted on that map.
8
Regular City Council Meeting
July 12,2006
Page Nine
Mr. Paternoster asked if the City Manager added Evernia and Iris. The City Manager said he
will take a look at it but has to stay true to this map.
Mr. Neglia said he was in favor of this whatever it takes.
On MOTION by Mr. Paternoster, and SECOND by Ms. Coy, the appropriation of $230,000
was allocated for the Conlon contract extension #2 on a roll call vote of 4-0.
Mayor McCollum asked to address an item under his matters at this time because of the late
hour and Council concurred.
A.
Mayor McCollum
i. Confirm MPO CAC Appointee. Don Wrioht
06.078
103-105
On MOTION by Mayor McCollum and SECOND by Ms. Coy, Don Wright was appointed as
the MPO Citizen Advisory Committee member on a voice vote of 4-0.
06.097
91-100
B.
Cain House Consideration (City Manaoer Transmittal. memo. estimate of repairs)
The City Manager reiterated his agenda report but said Joe Graham had spoken with him
today about possibly taking ownership and relocating the Cain House, and asked Council to
give him direction either way.
Mr. Paternoster suggested giving Mr. Graham an opportunity to move the house and give him
until the next meeting to have it signed, sealed and delivered or demolish the house. The City
Manager suggested giving him thirty days from today to relocate the house.
Mr. Neglia recommended if we go that way that he pay all moving costs. The City Manager
said if this happens Mr. Graham would absorb all costs.
Mayor McCollum said his concern was that we have spent tax money and we should put out
an RFP, and the City Manager said an RFP was run from mid May to mid June with no
responses.
Mayor McCollum said we can direct the City Manager that Mr. Graham can take the house but
has to move it within thirty days at no cost to the City.
The City Manager said there are other issues that have to be addressed such as what he
would be required to do with the house and how quickly he has to do it if he relocated it; and
said his recommendation is still to demolish the Cain House.
Louise Kautenberg, member of the Historical Society, said she is very disappointed in the
Council for dropping the ball on this, and said the Historical Society recommended putting it in
the historical district to get grants, however, Mayor McCollum clarified there was never a
guarantee of any grants.
Damien Gilliams said he applauds the Council for this decision and recommended burning it.
(0
9
Regular City Council Meeting
July 12, 2006
Page Ten
Mr. Neglia said he is concerned about this 11th hour deal with Mr. Graham.
On MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, Council agreed to demolish the
Cain House for a price up to $15,000 as soon as possible on a roll call of 4-0.
The City Manager said if it costs over $5,000 he'll come back to Council.
06.119
101
C.
Skillman Land Offer - Potential Community Center Location (E-mail, map)
Mayor McCollum said he never suggested this for a community center site, but a public
meeting was his only opportunity to ask if Council had any interest in the site.
On MOTION by Mayor McCollum and SECOND by Mr. Neglia the meeting was extended to
11 pm on a voice vote of 4-0.
Ms. Coy said a community center is not a priority at this time and would like to look at
properties we currently own.
John Oakes, Sebastian said spending $ 3.3M on new property for a community center would
be irresponsible.
Damien Gilliams said the six acres on the riverside would be ideal for a community center.
Mr. Paternoster said he thought this issue had been put aside for now, and Mr. Neglia agreed
that we already own properties we can use.
City Council members did wish to extend their thanks to Mr. Skillman for making the offer.
On MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, Mr. Skillman's offer was
rejected on a voice vote of 4-0.
12. NEW BUSINESS
06.120
A.
Authorize BellSouth Easement (no backup)
This item was removed from the agenda during modifications.
13. CITY ATTORNEY MATTERS
Apologized for not putting the requested lot clearing ordinance on the agenda for first reading.
14. CITY MANAGER MATTERS
The City Manager reported on the installation of the special needs playground behind the Police
Department lot.
~./Li)
l~/
10
Regular City Council Meeting
July 12,2006
Page Eleven
15. CITY CLERK MATTERS
The City Clerk reported that the first of two Charter Review Committee public hearings would
take place next Monday at 6 pm.
16. CITY COUNCIL MATTERS
A. Ms. Coy
Ms. Coy gave kudos to the Lions Club and City and everyone involved in the Fourth of
July event and on the dodo side advised putting Code Enforcement on alert because
she will be touring the City looking for construction problems and will be calling them
in.
B.
Mr. Paternoster
i. Quarter Round Pipe Installation (no backup)
06.008
Mr. Paternoster said the City Engineer is contacting SJRWMD for permission for
installation of ten to twelve miles of quarter rounds and asked the City Manager how
much money he is going to give him; and then said he would like to dedicate $800,000
from both this year's budget and next year's budget.
The City Manager said we try to work on this to try to squeeze it into next year's
budget from DST funds.
Mayor McCollum agreed with waiting for word from SJRWMD and said he wanted to
see if quarter rounds were going to work.
Mr. Paternoster said he was trying to get an appropriation from this fiscal year and
next fiscal year. Ms. Coy said she would rather wait until the end of the fiscal year,
and did not feel comfortable doing it tonight.
Mr. Paternoster suggested appropriating half the amount at this time.
The City Manager reiterated that we need to get SJRWMD approval first before any
appropriation is made.
Mr. Neglia agreed this cannot be done until SJRWMD approval is received.
C. Mr. Neqlia
Mr. Neglia said the 4th of July was great and the parking was handled well; reported on
the County Commission approval of the purchase of the Archie House Fish House;
and said he can't believe that Code Enforcement is digging things out of the ground
and cited the situation on Melrose where dangerous poles were dug out of the ground
by Code Enforcement.
(~"'\
~)
11
Regular City Council Meeting
July 12, 2006
Page Twelve
D. Mayor McCollum
Mayor McCollum asked that an item be placed under his matters for the next meeting
to pick possible locations for a community center.
E. Mr. Burkeen
Absent.
17. Being no further business, Mayor McCollum adjourned the regular meeting at 10:55 p.m.
Approved at the July 26, 2006 Regular City Council Meeting.
Nathan B. McCollum, Mayor
ATTEST:
Sally A. Maio, MMC - City Clerk
@
12
HeM.! OfFWCAN ISl..AND
City of Sebastian, Florida
Subject: Approval for Treasure Coast
Crafters Club Craft Show at Riverview
Park on December 16 &17, 2006.
Agenda No. blo.123
r Submittal by:
r, City Manager
Department Origin: Public Works
Department Head: ~ ~Cl..~
Finance Director:
City Attorney: ~
City Clerk: . ~
Date Submitted: July 19,2006
For Agenda of: July 26, 2006
Exhibits: Application and information on charitable donations Treasure Coast
Crafters have made in the area.
EXPENDITURE
REQUIRED: None
BUDGET AVAILABLE:
NIA
APPROPRIATION
REQUIRED: None
BackQround
The Treasure Coast Crafters Club is seeking Council approval for a Craft Show at
Riverview Park. The show would be on December 16 & 17, 2006 from 9 AM until 4 PM.
Staff has met with representatives from Treasure Coast Crafters and received full
payment for their show. The attached information letter outlines some of the charitable
donations made by the club. They expect to have 45 to 55 exhibitors and only use the
west end of the Park by U.S. 1. This will be the fourth year the Treasure Coast Crafters
has held a show at Riverview Park. They work well with staff and we have had no
problems at all with their event.
SUMMARY
Move to approve Treasure Coast Crafters Club Craft Shows on December 16 & 17,
2006 from 9 AM until 4 PM at Riverview Park.
@
@
~--
_._.___'h ___._____..____..... ...
01Y OF
SE_AST~
~~-'L~
- -=--1'" . ;'-::"""'.:~ _~. ...
- "-- :!-II:.=-.. .
v .
HOME OF PELICAN ISlAND
1225 Main Street. Sebastian. Fl 32958
Telephone (772)589-5330 - Fax (772)589-5578
CITY OF SEBASTIAN
PARK USE PER!1IT APPLICATION
Park Event - 50 to 300 Attendees
$50.00 Application/Permit Fee
Please check the appropriate Box:
or /+/?1)vr itJO IN .'
Special Event ~ or More Attendees :< pfJYS
$100.00 Application Fee
Date: Mil j -1f; 010 . ,
Name of Permittee: '~<:/JI2t; ~LJJ961T C'/2/f?TERS
Permits Hay Only be issued in he Ham of an Adult or legally Organized Organization
Address :. ,') 8tJ'../ ,~/L V E/e tJ,4-j<. ,oR , J=T ?/~J2(E FL 0f-c;r~
, ,
Mail ing Address: ,,-)jq-me /Is. j9-.tJ?J'V F ..
TelePhone:' 1-7~;< - '/-$"9"" S${)q
Name of Organization or Group: rRElJ:5'tJJ€E C7JI7:.fT C',RI9-.FTC:;T: S
Reason for Use: C /2;q-PT S"?HiJw
Requested Date(s) Pet: II.? ;r.}-fl/P /7
Rain Date: WHA-'/ /3'{)c;( jYJG-~ WOULP e-J<.IJ-IVT tiS'.
Time of Use: From: 9' ' To: If
Will there be any sale of goods? Yes)( No
If yes, please describe type of goods on back.
Food or other types of vendors? Yes No /\//)
If yes, please list name, address and type of vendors aAd schematic of any
structures to be erected or otherwise assembled on back.
Office Use Only:
Pemlil Fee Paid
Dale
Initials
Park Application Continued - If Requirec
List any vendor information and/or schematics on this page.
. NAME ADDRESS I TYPE
I
I
flplJlp CJ:!-A-F rE.- D ITElns 11119->># BY I/G/Z/J)()RS
I
I
" .
,
Schematic~
1" '1'
SA-1ft Y2 t) 0 iP\
"
~
-trr'
i:...J'
V')
\.J"\
~
:::j
~
peC1a on 1 10ns 0 erm1t as equested by City Manager
OFFICE USE ONLY S . 1 C d't'
f p
R
@
To Chris McCarthy;
The Treasure Coast Crafter's purpose is to encourage crafters
to make their own products, and to recruit members in order to
sell them. We charge a small feeto rent a 10 x 12 space in a
park or similar location, for crafters to sell their products. We
offer the same to non-members hoping they will become members.
Advertising, pennits, banner pennits and other charges are paid out
I
of the club treasury. Any overage, after expenses, are given to local
Charities. In the past years we have g~ven gifts to:
.
United Way, Stuart, Humane Society in Vero, Heritage in Vero,
Food Bank in Ft. Pierce, Salvation Anny in Ft. Pierce, Hospice of
The Treasure Coast, in Martin County and Ft. Pierce and the Ft.
Pierce Main Library, and Momingside Branch Library in P.S. L We are
currently working with VNA in Vero to hold a show for their benefit.
Many of our members . are also members of the Sebastian Craft Club.
Thank you Chris for your kindness to us.
~-Ak_ ~~
B;:;l; ~~ ~t, Secretary !
Treasure Coast Crafters
L-___ ___
@
CITY OF SEBASTIAN
PUBLIC WORKSlENGINEERING
RECEIPT
2998
Name -r~~.V\S.\"\...f"-'i...- \SeAS,,\" C~tAFT'a::\4S.o Cash
~A ,~-' l~ '"2"
Date \-..., - l l , o,;,,:~\D
ril"theck # \ 0 <g '3
Amount Paid
001001 208001 Sales Tax
001501 322050 Driveway Permit L -' B _' U_
001501 322900 Street Opening Permit & Engineering Fees
680800 220301 Street Opening Security Deposit
001501 341910 Zoning Map
001501 341920 Copies
001501 362100 Community Center Rent
001501 362100 Yacht Club Rent
001501 362150 Park Rent PavilionlElectric l:L - \ b~ ~ '4 - c b \.. 0 C' . U C
680800220681 Yacht Club Security Deposit
680800 220682 Community Center Security Deposit
680800 220683 Riverview Park Security Deposit
~'1v.-
Initials
Total Paid ; ec. 0 C
White - Dept. of Origin. Yellow - Finance · Pink. Applicant
@
aIYOJ
HOME Of PELICAN ISLAND
CITY OF SEBASTIAN
AGENDA TRANSMITIAL
Subject: Interagency Agreement - Florida
Department of Corrections - Indian River
Correctional Institute
Agenda No. Ola. (2L
Department Origin:
Department Head:
Finance Director:
City Attorney: 0/./7 A' ~
City Clerk: ~
Date Submitted: July 17, 2006
For Agenda of: July 26, 2006
Exhibits: Agreements for Public Works, Cemetery and Police Department
EXPENDITURE
REQUIRED: -0-
AMOUNT
BUDGETED: -0-
APPROPRIATION
REQUIRED: -0-
FUNDING SOURCE:
-0-
SUMMARY
It has been the practice in the past years to enter into an agreement with the Department
of Corrections for free labor to assist the city with projects and other clean up procedures.
Indian River Correctional Facility has again submitted agreements for one year to work
with the Sebastian Police Department, the Sebastian cemetery and the Public Works
Department. The Public Works Department recommends approval of this agreement at
this time.
RECOMMENDED ACTION
Move to authorize staff to execute the agreements with the Florida Department of Corrections for
labor assistance for a one-year period effective 7-31-06 through 6-30-07 for the Public Works
Department, the Sebastian Cemetery and the Sebastian Police Department.
@
@
P l-Lb I t'c LJ 0 {i ((S
FLORIDA DEPARTMENT OF CORRECTIONS'
INTERAGENCYIPUBLIC WORKS AGREEMENT
(LOCAL AGREEMENT)
This Local Agreement made and entered into this 31 day of July. 2006, by and between the State of
Florida, Department of Corrections, through its institution/facility, mdian River Correctional
mstitution, and the Sebastian Public Works, is done so in accordance with section 946.40, Florida
Statutes and Rule 33-601.201, Inmate Work Program, and 33-601.202, Use of Inmates in Public
Works, Florida Administrative Code.
Work performed under this Local Agreement is determined to be value added or cost savings as
defined in the Community Work Squad Manual ( check one).
L Value Added
_Cost Savings
I. TERMlRENEW AL
This Local Agreement shall begin on the last date of signature by all parties.
This Local Agreement shall remain in effect from year to year unless terminated by either party,
pursuant to the provisions of Section VII., Suspension or Termination of Local Agreement.
II. FINANCIAL OBLIGATIONS
The Department and the Agency acknowledge that this Local Agreement is not intended to create
financial obligations between the parties. However, in the event that costs are incurred as a result of
either or both of the parties performing their duties or responsibilities under this Local Agreement,
each party agrees to be responsible for their own costs.
III. DEPARTMENT'S RESPONSmILITIES
The Department agrees to provide, or is responsible for, those items delineated by placement of an
"X" in the space located to the left of the corresponding number. Items for which the Department is
not responsible shall be marked "N/A" to the left of the number.
X
1.
Screen inmates for the work to be performed in order to assign inmates who do not
present a danger to property or persons.
X
2.
Provide up to 1 inmates each workday for the period of the Local Agreement.
Community custody ( ); Minimum custody ( ); Both (X).
X
3.
Provide Correctional Officer supervision of the work squad while performing work
under this Local Agreement.
x
4.
Provide 1 vehicle( s) and 1 Correctional Officer( s) each workday to transport inmates
to and from the work site.
DC6-246 (Revised 9/05)
@
Inmate Labor Agreement
X 5.
X 6.
X 7.
X 8.
X 9.
X 10.
N/ A 11.
N/A 12.
X 13.
X 14.
X 15.
X 16.
X 17.
@
Page 2 of?
Provide food and drinks for inmate lunches.
Provide drinking water for inmates.
Apprehend escapees and handle problem inmates.
Provide transportation from the work site to the correctional facility for inmates who
refuse to work, become unable to work, or cause a disruption in the work schedule.
Administer all disciplinary action to be taken against inmate(s) for infractions
committed while performing work under this agreement.
Provide for medical treatment of ill or injured inmates and transportation of such
inmates.
Conduct a background check, which includes a criminal history check, and obtain
approval of the Department's Agreement Manager, or designee prior to authorizing
Non-Department Supervisors to participate in training to supervise inmates.
Provide orientation and training to Non-Department Supervisor(s) approved to
supervise inmates prior to their assuming supervisory responsibility of an inmate
work squad. Training will be in accordance with the Department's guidelines for
Non-Department Supervision of Inmates and will include annual refresher
training during each successive year of supervision by the Non-Department
Supervisor.
Notify the Agency in the event that an Agency employee fails to provide proper
supervision ofinmate(s).
Provide inmates with all personal items of clothing appropriate for the season of the
year.
Have inmates ready for transportation/work at the appropriate times regardless of
temperature or inclement weather, unless notified by the Agency of suspended work
operations, or when the Department determines that a work squad should not check
out.
Provide a First Aid Kit and Blood Borne Pathogens Personal Protective Kit to each
work squad.
Orientate each inmate in the use of equipment regardless of the inmate's claim to
have had prior experience in the use of gasoline or electrically powered
equipment before allowing the inmate to use it. Utilize form DC2-569, Inmate
Safety Training, to document that the inmate has had the training. This report
shall be kept on file at the contract work site and by the Department's Agreement
Manager.
DC6-246 (Revised 9/05)
Inmate Labor Agreement
x
Page 3 of7
18.
Other. (If provided, shall be Attachment A, incorporated herein by reference and
made part of this Agreement.) "Other" special considerations regarding activities of
the work squad may be based on work location, etc.
IV. AGENCY'S RESPONSIBILITIES
The Agency agrees to provide, or is responsible for, those items delineated by placement of an "X"
in the space located to the left of the corresponding number. Items for which the Agency is not
responsible shall be marked "NIA" to the left of the number.
X
N/A 2.
N/A 3.
X 4.
X 5.
N/A 6.
N/A 7.
N/A 8.
1.
Provide the Department with a schedule of hours that imnates will work in
accordance with the established workday for the Agency and the transportation time
required. Any deviation from the established schedule will be reported to, and
coordinated with, the Department.
The established schedule for this work squad is: Days 1 , Hours 12
Provide supervision of imnates in accordance with the Department's rules and
regulations while performing work under this Local Agreement. Non-Department
Supervisors may supervise Community and Minimum Custody inmates. Each Non-
Department Supervisor must successfully pass a background check that includes a
criminal history check, and must be approved by the Department's Agreement
Manager, or designee and complete required orientation/training in the supervision
of inmates, prior to assuming supervision.
Provide transportation of imnates each workday to and from the work site.
Provide all tools, equipment, materials and safety personal items such as gloves,
rubber boots, hard hats, etc., necessary and appropriate for performance of the work
under this Local Agreement.
Ensure that licensing or permits are obtained if required for the work to be
performed under this Local Agreement. Provide necessary supervision and
guidance for projects that require a permit and require technical assistance to
complete the project.
Immediately notify the Department in the event of an escape while the inmate is
under supervision of the Agency. Report any inappropriate behavior displayed by
inmates or any inmate who fails to perform tasks in an acceptable manner.
Complete the Community Work Squad Activities Report, DC6-239 (to be provided
by the Department) daily and submit the form on a weekly basis to the Department.
Report all inmate injuries, regardless of how minor in nature, to the Department as
soon as possible. Report any medically related complaints made by an inmate to the
Department as soon as practical. In cases of emergency, render first aid, within the
scope of the supervisor's medical training, to work squad imnates and provide
emergency health care and related assistance to the Department.
DC6-246 (Revised 9/05)
@
Inmate Labor Agreement
Page 4 of7
---
N/ A 9. Provide inmates with a fifteen-minute rest break in the morning and afternoon.
Lunch breaks shall normally begin at Noon and last at least thirty (30) minutes.
Ensure inmates are supervised during rest and lunch breaks.
N/A 10. Provide drinking water for inmates.
N/A 11. Require each Non-Department Supervisor approved to supervise inmates and
other appropriate staff members, to attend orientation/training in the supervision
of inmates prior to assuming supervision of inmates and refresher training
annually thereafter. Training will be provided at a Department location. Upon
the Department's issuance of a Training Certification Card, the Agency shall
require non-department personnel to carry this card when supervising inmate
labor.
X 12. Ensure that all work assignments/projects utilizing inmates are authorized projects of
the municipality, city, county, governmental agency or non-profit organization and
that private contractors employed by the Agency do not use inmates as any part of
their labor force.
X 13. Agency hereby agrees to be liable for, and shall indemnify, defend and hold the
Department harmless from all claims, suits, judgments or damages including court
costs and attorney's fees arising out of intentional acts, negligence or omissions by
the Agency in its supervision of inmates pursuant to this Local Agreement. If
agency is an agency or subdivision of the State of Florida, this paragraph shall not be
interpreted as altering the state's waiver of immunity in tort pursuant to Section
768.28, Florida Statutes, or to otherwise impose liability on Agency for which it
would not otherwise by law be responsible.
N/ A 14 Orientate each inmate in the use of equipment regardless of whether the inmate
claims to have had prior experience in the use of gasoline or electrically powered
equipment before allowing the inmate to use it. Utilize form DC2-569, Inmate
Safety Training Documentation, to document that the inmate has had the training.
This report shall be kept on file at the contract work site and a copy shall be
provided to the Department.
N/A 15. It is the intent of this Local Agreement that the agency/work squad have and
maintain communications with the institution at all times. A method of
communication (radios, cellular phone, etc.) shall be provided at no cost to the
Department. The Agency shall provide a primary method of communication that
shall be approved by the Department's Agreement Manager in writing prior to
assignment of the work squad. Dependent upon the method of communication
provided, the Agreement Manager may require a secondary or back-up method of
communication.
@
N/A 16.
Type of Communication utilized in this Local Agreement:_
Provide a First Aid Kit and Blood Borne Pathogens Personal Protective Kit to each
work squad.
DC6-246 (Revised 9/05)
Inmate Labor Agreement
Page 5 of7
X 17.
Ensure that the Work Squad does not work on school property or primary
elementary or secondary education institutions where students are present.
N/A 18.
Other. (If provided, shall be Attachment A, incorporated herein by reference and
made part of this Agreement.) "Other" special considerations regarding activities of
the work squad may be based on work location, etc.
V. AGREEMENT ADMINISTRATION
A. Department's Agreement Manager
The Warden of the Correctional Institution represented in this Local Agreement is
designated Agreement Manager for the Department and is responsible for enforcing
performance of the Local Agreement terms and conditions and shall serve as a liaison
with the Agency. The, address and telephone number of the Department's Agreement
Manager for this Local Agreement is:
(Location)
(Address)
Indian River Correctional Institution
7525 17th Street SW
Vero Beach, FL 32968
(Telephone #) 772-564-2795
(Fax #) 772-564-2880
B. Community Work Squad Coordinator
The Assistant Warden designated by the Warden, is responsible for ensuring compliance
with the requirements of this Local Agreement.
C. Department's Agreement Administrator:
The Chief, Bureau of Purchasing, is designated Agreement Administrator for the
Department and is responsible for processing Agreement Amendments and terminations
of the Agreement, and will serve as a liaison with the Agreement Manager for the
Department. The address and telephone number of the Department's Agreement
Administrator is:
Chief, Bureau of Purchasing
Florida Department of Corrections
2601 Blair Stone Road
Tallahassee, Florida 32399-2500
(850) 410-4091
DC6-246 (Revised 9/05)
@
Inmate Labor Agreement
Page 6 of7
D. Agency's Representative
The name, address and telephone number of the representative of the Agency is:
Linda Rosado
Administrative Lieutenant
7625 17th Street SW
Vero Beach, FL 32968
(Telephone #) 772-564-2845
(Fax #) 772-564-2880
(E-mail)rosado.linda@mai1.dc.state.f1.us
(Name)
(Title
(Address)
VI. DISPUTES
Any dispute concerning performance of the terms of this Local Agreement shall be resolved
informally by the Department's Agreement Manager. Any dispute that can not be resolved
informally shall be reduced to writing and delivered to the Department's Correctional Program
Administrator, Office of Institutional Support. The Correctional Program Administrator shall decide
the dispute, reduce the decision to writing, and deliver a copy to the Department's Agreement
Manager, the Agency Representative and the Department's Agreement Administrator.
VII. SUSPENSION OR TERMINATION OF LOCAL AGREEMENT
The Department or the Agency may suspend or terminate this Local Agreement, in whole or in part,
with immediate written notice to the other party when the interests of the Department or Agency so
reqUIre.
VIII. AGREEMENT MODIFICATION
After execution of this agreement, any changes in the information contained in Section IlL, 2.,
and Section V., Agreement Administration, shall be provided to the other party in writing and a
copy of the written notification shall be maintained in the official agreement record.
Modifications to the provisions of this agreement, with the exception of Section IlL, 2., and
Section V., Agreement Administration, shall be valid only through execution of a formal
agreement amendment.
@
DC6-246 (Revised 9/05)
Inmate Labor Agreement
Page 7 of7
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their
undersigned officials as duly authorized.
AGENCY:
Sebastian Public Works
SIGNED
BY:
NAME:
(PRINTED)
Al Minner
TITLE:
City Manager
DATE:
FEID #:
DEPARTMENT OF CORRECTIONS
InRCI
SIGNED
BY:
1'1 ___ f) .Lfl
~f,-.z.. I. {)l\...Ck~
NAME:
(pRINTED) Joe T. Butler
TITLE:
Warden
Department of Corrections
DATE:
;7 - J 7 - D ()
Official DC Form # approved for legality and format and may not be
changed. If changes are required, formal review and approval must be processed
through the Agreement Administrator listed in Section.V.
DC6-246 (Revised 9/05)
@
G0
FLORIDA DEPARTMENT OF CORRECTIONS'
INTERAGENCYIPUBLIC WORKS AGREEMENT
(LOCAL AGREEMENT)
C evner€-ry
This Local Agreement made and entered into this 31 day of July 2006, by and between the State of
Florida, Department of Corrections, through its institution/facility, Indian River Correctional
Institution, and the Sebastian Cemetery, is done so in accordance with section 946.40, Florida
Statutes and Rule 33-601.201, Inmate Work Program, and 33-601.202, Use of Inmates in Public
Works, Florida Administrative Code.
Work performed under this Local Agreement is determined to be value added or cost savings as
defined in the Community Work Squad Manual ( check one).
L Value Added
_Cost Savings
I. TERMlRENEW AL
This Local Agreement shall begin on the last date of signature by all parties.
This Local Agreement shall remain in effect from year to year unless terminated by either party,
pursuant to the provisions of Section vn., Suspension or Termination of Local Agreement.
II. FINANCIAL OBLIGATIONS
The Department and the Agency acknowledge that this Local Agreement is not intended to create
financial obligations between the parties. However, in the event that costs are incurred as a result of
either or both of the parties performing their duties or responsibilities under this Local Agreement,
each party agrees to be responsible for their own costs.
III. DEPARTMENT'S RESPONSIBILITIES
The Department agrees to provide, or is responsible for, those items delineated by placement of an
"X" in the space located to the left of the corresponding number. Items for which the Department is
not responsible shall be marked "NI A" to the left ofthe number.
X
1.
Screen inmates for the work to be performed in order to assign inmates who do not
present a danger to property or persons.
X
2.
Provide up to 1 inmates each workday for the period of the Local Agreement.
Community custody ( ); Minimum custody ( ); Both (X).
X
3.
Provide Correctional Officer supervision of the work squad while performing work
under this Local Agreement.
X
4.
Provide 1 vehic1e(s) and 1 Correctional Officer(s) each workday to transport inmates
to and from the work site.
DC6-246 (Revised 9/05)
@
Inmate Labor Agreement
Page 2 of7
X 5. Provide food and drinks for inmate lunches.
X 6. Provide drinking water for inmates.
X 7. Apprehend escapees and handle problem inmates.
X 8. Provide transportation from the work site to the correctional facility for inmates who
refuse to work, become unable to work, or cause a disruption in the work schedule.
X 9. Administer all disciplinary action to be taken against inmate(s) for infractions
committed while performing work under this agreement.
X 10. Provide for medical treatment of ill or injured inmates and transportation of such
inmates.
N/ A 11. Conduct a background check, which includes a criminal history check, and obtain
approval of the Department's Agreement Manager, or designee prior to authorizing
Non-Department Supervisors to participate in training to supervise inmates.
N/A 12. Provide orientation and training to Non-Department Supervisor(s) approved to
supervise inmates prior to their assuming supervisory responsibility of an inmate
work squad. Training will be in accordance with the Department's guidelines for
Non-Department Supervision of Inmates and will include annual refresher
training during each successive year of supervision by the Non-Department
Supervisor.
X 13. Notify the Agency in the event that an Agency employee fails to provide proper
supervision ofinmate(s).
X 14. Provide inmates with all personal items of clothing appropriate for the season of the
year.
X 15. Have inmates ready for transportation/work at the appropriate times regardless of
temperature or inclement weather, unless notified by the Agency of suspended work
operations, or when the Department determines that a work squad should not check
out.
X 16. Provide a First Aid Kit and Blood Borne Pathogens Personal Protective Kit to each
work squad.
x
17.
Orientate each inmate in the use of equipment regardless of the inmate's claim to
have had prior experience in the use of gasoline or electrically powered
equipment before allowing the inmate to use it. Utilize form DC2-569, Inmate
Safety Training, to document that the inmate has had the training. This report
shall be kept on file at the contract work site and by the Department's Agreement
Manager.
@
DC6-246 (Revised 9/05)
Inmate Labor Agreement
x
Page 3 of7
18.
Other. (If provided, shall be Attachment A, incorporated herein by reference and
made part of this Agreement.) "Other" special considerations regarding activities of
the work squad may be based on work location, etc.
IV. AGENCY'S RESPONSIBILITIES
The Agency agrees to provide, or is responsible for, those items delineated by placement of an "X"
in the space located to the left of the corresponding number. Items for which the Agency is not
responsible shall be marked "N/A" to the left of the number.
X
N/A 2.
N/A 3.
X 4.
X 5.
N/A 6.
N/A 7.
1.
Provide the Department with a schedule of hours that inmates will work in
accordance with the established workday for the Agency and the transportation time
required. Any deviation from the established schedule will be reported to, and
coordinated with, the Department.
The established schedule for this work squad is: Days.1, Hours 12
Provide supervision of inmates in accordance with the Department's rules and
regulations while performing work under this Local Agreement. Non-Department
Supervisors may supervise Community and Minimum Custody inmates. Each Non-
Department Supervisor must successfully pass a background check that includes a
criminal history check, and must be approved by the Department's Agreement
Manager, or designee and complete required orientation/training in the supervision
of inmates, prior to assuming supervision.
Provide transportation of inmates each workday to and from the work site.
Provide all tools, equipment, materials and safety personal items such as gloves,
rubber boots, hard hats, etc., necessary and appropriate for performance of the work
under this Local Agreement.
Ensure that licensing or permits are obtained if required for the work to be
performed under this Local Agreement. Provide necessary supervision and
guidance for projects that require a permit and require technical assistance to
complete the project.
Immediately notify the Department in the event of an escape while the inmate is
under supervision of the Agency. Report any inappropriate behavior displayed by
inmates or any inmate who fails to perform tasks in an acceptable manner.
Complete the Community Work Squad Activities Report, DC6-239 (to be provided
by the Department) daily and submit the form on a weekly basis to the Department.
NI A 8. Report all inmate injuries, regardless of how minor in nature, to the Department as
soon as possible. Report any medically related complaints made by an inmate to the
Department as soon as practical. In cases of emergency, render first aid, within the
scope of the supervisor's medical training, to work squad inmates and provide
emergency health care and related assistance to the Department. ~. - ~3 ~
DC6-246 (Revised 9/05) l~
Inmate Labor Agreement
Page 4 of7
N/A 9. Provide inmates with a fifteen-minute rest break in the morning a..1J.d afternoon.
Lunch breaks shall normally begin at Noon and last at least thirty (30) minutes.
Ensure inmates are supervised during rest and lunch breaks.
N/ A 10. Provide drinking water for inmates.
N/A 11. Require each Non-Department Supervisor approved to supervise inmates and
other appropriate staff members, to attend orientation/training in the supervision
of inmates prior to assuming supervision of inmates and refresher training
annually thereafter. Training will be provided at a Department location. Upon
the Department's issuance of a Training Certification Card, the Agency shall
require non-department personnel to carry this card when supervising inmate
labor.
X 12. Ensure that all work assignments/projects utilizing inmates are authorized projects of
the municipality, city, county, governmental agency or non-profit organization and
that private contractors employed by the Agency do not use inmates as any part of
their labor force.
X 13. Agency hereby agrees to be liable for, and shall indemnify, defend and hold the
Department harmless from all claims, suits, judgments or damages including court
costs and attorney's fees arising out of intentional acts, negligence or omissions by
the Agency in its supervision of inmates pursuant to this Local Agreement. If
agency is an agency or subdivision of the State of Florida, this paragraph shall not be
interpreted as altering the state's waiver of immunity in tort pursuant to Section
768.28, Florida Statutes, or to otherwise impose liability on Agency for which it
would not otherwise by law be responsible.
N/ A 14 Orientate each inmate in the use of equipment regardless of whether the inmate
claims to have had prior experience in the use of gasoline or electrically powered
equipment before allowing the inmate to use it. Utilize form DC2-569, Inmate
Safety Training Documentation, to document that the inmate has had the training.
This report shall be kept on file at the contract work site and a copy shall be
provided to the Department.
N/A 15. It is the intent of this Local Agreement that the agency/work squad have and
maintain communications with the institution at all times. A method of
communication (radios, cellular phone, etc.) shall be provided at no cost to the
Department. The Agency shall provide a primary method of communication that
shall be approved by the Department's Agreement Manager in writing prior to
assignment of the work squad. Dependent upon the method of communication
provided, the Agreement Manager may require a secondary or back-up method of
communication.
q
GJ
N/A 16.
Type of Communication utilized in this Local Agreement:_
Provide a First Aid Kit and Blood Borne Pathogens Personal Protective Kit to each
work squad.
DC6-246 (Revised 9/05)
Inmate Labor Agreement
Page 5 of7
X 17.
Ensure that the Work Squad does not work on school property or primary
elementary or secondary education institutions where students are present.
N/A 18.
Other. (If provided, shall be Attachment A, incorporated herein by reference and
made part of this Agreement.) "Other" special considerations regarding activities of
the work squad may be based on work location, etc.
V. AGREEMENT ADMINISTRATION
A. Department's Agreement Manager
The Warden of the Correctional Institution represented in this Local Agreement is
designated Agreement Manager for the Department and is responsible for enforcing
performance of the Local Agreement terms and conditions and shall serve as a liaison
with the Agency. The, address and telephone number of the Department's Agreement
Manager for this Local Agreement is:
(Location)
(Address)
Indian River Correctional Institution
7525 17th Street SW
Vero Beach, FL 32968
(Telephone #) 772-564-2795
(Fax #) 772-564-2880
B. Community Work Squad Coordinator
The Assistant Warden designated by the Warden, is responsible for ensuring compliance
with the requirements of this Local Agreement.
C. Department's Agreement Administrator:
The Chief, Bureau of Purchasing, is designated Agreement Administrator for the
Department and is responsible for processing Agreement Amendments and terminations
of the Agreement, and will serve as a liaison with the Agreement Manager for the
Department. The address and telephone number of the Department's Agreement
Administrator is:
Chief, Bureau of Purchasing
Florida Department of Corrections
2601 Blair Stone Road
Tallahassee, Florida 32399-2500
(850) 410-4091
DC6-246 (Revised 9/05)
@
Inmate Labor Agreement
Page 6 of7
D. Agency's Representative
The name, address and telephone number of the representative of the Agency is:
Linda Rosado
Administrative Lieutenant
7625 17th Street SW
Vero Beach, FL 32968
(Telephone #) 772-564-2845
(Fax #) 772-564-2880
(E-mail )rosado.linda@mail.dc.state.fl.us
(Name)
(Title
(Address)
VI. DISPUTES
Any dispute concerning performance of the terms of this Local Agreement shall be resolved
informally by the Department's Agreement Manager. Any dispute that can not be resolved
informally shall be reduced to writing and delivered to the Department's Correctional Program
Administrator, Office of Institutional Support. The Correctional Program Administrator shall decide
the dispute, reduce the decision to writing, and deliver a copy to the Department's Agreement
Manager, the Agency Representative and the Department's Agreement Administrator.
VII. SUSPENSION OR TERMINATION OF LOCAL AGREEMENT
The Department or the Agency may suspend or terminate this Local Agreement, in whole or in part,
with immediate written notice to the other party when the interests of the Department or Agency so
reqUIre.
VIII. AGREEMENT MODIFICATION
After execution of this agreement, any changes in the information contained in Section III., 2.,
and Section V., Agreement Administration, shall be provided to the other party in writing and a
copy of the written notification shall be maintained in the official agreement record.
Modifications to the provisions of this agreement, with the exception of Section III., 2., and
Section V., Agreement Administration, shall be valid only through execution of a formal
agreement amendment.
@
DC6-246 (Revised 9/05)
Inmate Labor Agreement
Page 7 of7
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their
undersigned officials as duly authorized.
AGENCY:
Sebastian Cemetery
SIGNED
BY:
NAJJE: Al Minner
(PRINTED)
TITLE: Ci ty Manager
DATE:
FEID #:
DEPARTMENT OF CORRECTIONS
InRCI
SIGNED
BY:
"\ '-1-.. l) t(
i.()d-{. I j I[)u.._ Jlc\...
NAJJE:
(PRINTED) Joe T. Butler
TITLE:
Warden
Department of Corrections
DATE:
7 - 1'7- [) &)
Official DC Form # approved for legality and format and may not be
changed. If changes are required, formal review and approval must be processed
through the Agreement Administrator listed in Section.V.
DC6-246 (Revised 9/05)
@
@
FLORIDA DEPARTMENT OF CORRECTIONS'
INTERAGENCYIPUBLIC WORKS AGREEMENT
(LOCAL AGREEMENT)
Police
De/pt.
This Local Agreement made and entered into this 31 day of July, 2006, by and between the State of
Florida, Department of Corrections, through its institution/facility, fudian River Correctional
fustitution, and the Sebastian Police Department, is done so in accordance with section 946.40,
Florida Statutes and Rule 33-601.201, Inmate Work Program, and 33-601.202, Use of Inmates in
Public Works, Florida Administrative Code.
Work performed under this Local Agreement is determined to be value added or cost savings as
defined in the Community Work Squad Manual (check one).
L Value Added
_Cost Savings
I. TERM/RENEW AL
This Local Agreement shall begin on the last date of signature by all parties.
This Local Agreement shall remain in effect from year to year unless terminated by either party,
pursuant to the provisions of Section VIT., Suspension or Termination of Local Agreement.
II. FINANCIAL OBLIGATIONS
The Department and the Agency acknowledge that this Local Agreement is not intended to create
financial obligations between the parties. However, in the event that costs are incurred as a result of
either or both of the parties performing their duties or responsibilities under this Local Agreement,
each party agrees to be responsible for their own costs.
III. DEPARTMENT'S RESPONSIBILITIES
The Department agrees to provide, or is responsible for, those items delineated by placement of an
"X" in the space located to the left of the corresponding number. Items for which the Department is
not responsible shall be marked "N/A" to the left of the number.
x
1.
Screen inmates for the work to be performed in order to assign inmates who do not
present a danger to property or persons.
x
2.
Provide up to 1 inmates each workday for the period of the Local Agreement.
Community custody ( ); Minimum custody ( ); Both (X).
X
3.
Provide Correctional Officer supervision of the work squad while performing work
under this Local Agreement.
X
4.
Provide 1 vehic1e(s) and 1 Correctional Officer(s) each workday to transport inmates
to and from the work site.
DC6-246 (Revised 9/05)
@
Inmate Labor Agreement
Page 2 of7
X 5. Provide food and drinks for inmate lunches.
X 6. Provide drinking water for inmates.
X 7. Apprehend escapees and handle problem inmates.
X 8. Provide transportation from the work site to the correctional facility for inmates who
refuse to work, become unable to work, or cause a disruption in the work schedule.
X 9. Administer all disciplinary action to be taken against inmate(s) for infractions
committed while performing work under this agreement.
X 10. Provide for medical treatment of ill or injured inmates and transportation of such
inmates.
N/ A 11. Conduct a background check, which includes a criminal history check, and obtain
approval of the Department's Agreement Manager, or designee prior to authorizing
Non-Department Supervisors to participate in training to supervise inmates.
N/A 12. Provide orientation and training to Non-Department Supervisor(s) approved to
supervise inmates prior to their assuming supervisory responsibility of an inmate
work squad. Training will be in accordance with the Department's guidelines for
Non-Department Supervision of Inmates and will include annual refresher
training during each successive year of supervision by the Non-Department
Supervisor.
X 13. Notify the Agency in the event that an Agency employee fails to provide proper
supervision ofinmate(s).
X 14. Provide inmates with all personal items of clothing appropriate for the season of the
year.
X 15. Have inmates ready for transportation/work at the appropriate times regardless of
temperature or inclement weather, unless notified by the Agency of suspended work
operations, or when the Department determines that a work squad should not check
out.
X 16. Provide a First Aid Kit and Blood Borne Pathogens Personal Protective Kit to each
work squad.
@J
DC6-246 (Revised 9/05)
X 17. Orientate each inmate in the use of equipment regardless of the inmate's claim to
have had prior experience in the use of gasoline or electrically powered
equipment before allowing the inmate to use it. Utilize form DC2-569, Inmate
Safety Training, to document that the inmate has had the training. This report
shall be kept on file at the contract work site and by the Department's Agreement
Manager.
Inmate Labor Agreement
Page 3 of7
x
18.
Other. (If provided, shall be Attachment A, incorporated herein by reference and
made part of this Agreement.) "Other" special considerations regarding activities of
the work squad may be based on work location, etc.
IV. AGENCY'S RESPONSmILITIES
The Agency agrees to provide, or is responsible for, those items delineated by placement of an "X"
in the space located to the left of the corresponding number. Items for which the Agency is not
responsible shall be marked "NIA" to the left of the number.
X
N/A 2.
N/A 3.
X 4.
X 5.
N/A 6.
N/A 7.
N/A 8.
1.
Provide the Department with a schedule of hours that inmates will work in
accordance with the established workday for the Agency and the transportation time
required. Any deviation from the established schedule will be reported to, and
coordinated with, the Department.
The established schedule for this work squad is: Days 1 , Hours .li
Provide supervision of inmates in accordance with the Department's rules and
regulations while performing work under this Local Agreement. Non-Department
Supervisors may supervise Community and Minimum Custody inmates. Each Non-
Department Supervisor must successfully pass a background check that includes a
criminal history check, and must be approved by the Department's Agreement
Manager, or designee and complete required orientation/training in the supervision
of inmates, prior to assuming supervision.
Provide transportation of inmates each workday to and from the work site.
Provide all tools, equipment, materials and safety personal items such as gloves,
rubber boots, hard hats, etc., necessary and appropriate for performance of the work
under this Local Agreement.
Ensure that licensing or permits are obtained if required for the work to be
performed under this Local Agreement. Provide necessary supervision and
guidance for projects that require a permit and require technical assistance to
complete the project.
Immediately notify the Department in the event of an escape while the inmate is
under supervision of the Agency. Report any inappropriate behavior displayed by
inmates or any inmate who fails to perform tasks in an acceptable manner.
Complete the Community Work Squad Activities Report, DC6-239 (to be provided
by the Department) daily and submit the form on a weekly basis to the Department.
Report all inmate injuries, regardless of how minor in nature, to the Department as
soon as possible. Report any medically related complaints made by an inmate to the
Department as soon as practical. In cases of emergency, render first aid, within the
scope of the supervisor's medical training, to work squad inmates and provide
emergency health care and related assistance to the Department.
DC6-246 (Revised 9/05)
@
Inmate Labor Agreement
Page 4 of7
N/A 9. Provide inmates with a fifteen-minute rest break in the morning and afternoon.
Lunch breaks shall normally begin at Noon and last at least thirty (30) minutes.
Ensure inmates are supervised during rest and lunch breaks.
N/ A 10. Provide drinking water for inmates.
N/A 11. Require each Non-Department Supervisor approved to supervise inmates and
other appropriate staff members, to attend orientation/training in the supervision
of inmates prior to assuming supervision of inmates and refresher training
annually thereafter. Training will be provided at a Department location. Upon
the Department's issuance of a Training Certification Card, the Agency shall
require non-department personnel to carry this card when supervising inmate
labor.
X 12. Ensure that all work assignments/projects utilizing inmates are authorized projects of
the municipality, city, county, governmental agency or non-profit organization and
that private contractors employed by the Agency do not use inmates as any part of
their labor force.
X 13. Agency hereby agrees to be liable for, and shall indemnify, defend and hold the
Department harmless from all claims, suits, judgments or damages including court
costs and attorney's fees arising out of intentional acts, negligence or omissions by
the Agency in its supervision of inmates pursuant to this Local Agreement. If
agency is an agency or subdivision of the State of Florida, this paragraph shall not be
interpreted as altering the state's waiver of immunity in tort pursuant to Section
768.28, Florida Statutes, or to otherwise impose liability on Agency for which it
would not otherwise by law be responsible.
N/ A 14 Orientate each inmate in the use of equipment regardless of whether the inmate
claims to have had prior experience in the use of gasoline or electrically powered
equipment before allowing the inmate to use it. Utilize form DC2-569, Inmate
Safety Training Documentation, to document that the inmate has had the training.
This report shall be kept on file at the contract work site and a copy shall be
provided to the Department.
N/A 15. It is the intent of this Local Agreement that the agency/work squad have and
maintain communications with the institution at all times. A method of
communication (radios, cellular phone, etc.) shall be provided at no cost to the
Department. The Agency shall provide a primary method of communication that
shall be approved by the Department's Agreement Manager in writing prior to
assignment of the work squad. Dependent upon the method of communication
provided, the Agreement Manager may require a secondary or back-up method of
communication.
@
N/A 16.
Type of Communication utilized in this Local Agreement:_
Provide a First Aid Kit and Blood Borne Pathogens Personal Protective Kit to each
work squad.
DC6-246 (Revised 9/05)
Inmate Labor Agreement
Page 5 of7
X 17.
Ensure that the Work Squad does not work on school property or primary
elementary or secondary education institutions where students are present.
N/A 18.
Other. (If provided, shall be Attachment A, incorporated herein by reference and
made part of this Agreement.) "Other" special considerations regarding activities of
the work squad may be based on work location, etc.
V. AGREEMENT ADMINISTRATION
A. Department's Agreement Manager
The Warden of the Correctional Institution represented in this Local Agreement is
designated Agreement Manager for the Department and is responsible for enforcing
performance of the Local Agreement terms and conditions and shall serve as a liaison
with the Agency. The, address and telephone number of the Department's Agreement
Manager for this Local Agreement is:
(Location)
(Address)
Indian River Correctional Institution
7525 17th Street SW
Vero Beach, FL 32968
(Telephone #) 772-564-2795
(Fax #) 772-564-2880
B. Community Work Squad Coordinator
The Assistant Warden designated by the Warden, is responsible for ensuring compliance
with the requirements of this Local Agreement.
C. Department's Agreement Administrator:
The Chief, Bureau of Purchasing, is designated Agreement Administrator for the
Department and is responsible for processing Agreement Amendments and terminations
of the Agreement, and will serve as a liaison with the Agreement Manager for the
Department. The address and telephone number of the Department's Agreement
Administrator is:
Chief, Bureau of Purchasing
Florida Department of Corrections
2601 Blair Stone Road
Tallahassee, Florida 32399-2500
(850) 410-4091
DC6-246 (Revised 9/05)
@
Inmate Labor Agreement
Page 6 of7
D. Agency's Representative
The name, address and telephone number of the representative of the Agency is:
(Name)
(Title
(Address)
Linda Rosado
Administrative Lieutenant
7625 17th Street SW
Vero Beach, FL 32968
(Telephone #) 772-564-2845
(Fax #) 772-564-2880
(E-mail)rosado.linda@mai1.dc.state.fl.us
VI. DISPUTES
Any dispute concerning performance of the terms of this Local Agreement shall be resolved
informally by the Department's Agreement Manager. Any dispute that can not be resolved
informally shall be reduced to writing and delivered to the Department's Correctional Program
Administrator, Office of Institutional Support. The Correctional Program Administrator shall decide
the dispute, reduce the decision to writing, and deliver a copy to the Department's Agreement
Manager, the Agency Representative and the Department's Agreement Administrator.
VII. SUSPENSION OR TERMINATION OF LOCAL AGREEMENT
The Department or the Agency may suspend or terminate this Local Agreement; in whole or in part,
with immediate written notice to the other party when the interests of the Department or Agency so
requITe.
VIII. AGREEMENT MODIFICATION
After execution of this agreement, any changes in the information contained in Section III., 2.,
and Section V., Agreement Administration, shall be provided to the other party in writing and a
copy of the written notification shall be maintained in the official agreement record.
Modifications to the provisions of this agreement, with the exception of Section III., 2., and
Section V., Agreement Administration, shall be valid only through execution of a formal
agreement amendment.
@
DC6-246 (Revised 9/05)
Inmate Labor Agreement
Page 7 of7
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their
undersigned officials as duly authorized.
AGENCY:
Sebastian Police Department
SIGNED
BY:
NAME: Al Minner
(PRINTED)
TITLE: Ci ty Manager
DATE:
FEID #:
DEPARTMENT OF CORRECTIONS
InRCI
SIGNED
BY:
Q 7..0 ,:-..~ r
1-=--<... ,t-)~~t..,,--
ij
NAME:
(PRINTED) Joe T. Butler
TITLE:
Warden
Department of Corrections
DATE:
t-'J - i'7 -' C ~>
Official DC Form # approved for legality and format and may not be
changed. If changes are required, formal review and approval must be processed
through the Agreement Administrator listed in Section.V.
DC6-246 (Revised 9/05)
@:
G0
HOME OF PELICAN ISlAND
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
Subject: Fill Vacant Alternate Position
on the Tree and Landscape Advisory
Committee
Date Submitted: 7/17/06
For Agenda of: 7/26/06
Ex Ibits: code, application, board member list, ad
EXPENDITURE REQUIRED: AMOUNT BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY
There is a vacant, unexpired alternate member position on the committee.
RECOMMENDED ACTION
Interview, unless waived and submit nominations for the alternate position,
which will expire 11/2008.
@
@
ADMINISTRATION
~ 2-240
Sec. 2-232. Operational procedures.
The charter review committee shall hold its organizational meeting at 5:30 p.m. on the
Tuesday following formulation of its membership. At said meeting the majority of the members
present shall select a chairman and a vice-chairman. The selection thereof, and the operations
of the committee, shall be carried out in accordance with the established general procedures
for boards and committees of the city. At said organizational meeting, the committee shall
establish the time and frequency of its meetings.
The city attorney shall be advisor to the committee and the city manager shall designate a
secretary to the committee.
After submitting its final recommendation, which shall occur within six months of the
committee's formulation, the committee shall have a final meeting at 5:30 on the Tuesday
following final city council action on said recommendation and shall thereafter be dissolved.
(Ord. No.0-99-02, ~ 2, 4-14-99)
Sees. 2-233-2-239. Reserved.
DIVISION 6. TREE AND LANDSCAPE ADVISORY BOARD
Sec. 2-240. Generally.
(a) There is hereby created a tree and landscape advisory board, which shall provide advice
to the city council on care of trees and landscaping within the city limits. The focus of the board
shall be on preservation of historic, specimen and protected trees, and proposed planting of
trees or landscaping. In addition, the board will advise as to how the city can best monitor,
maintain and enhance the urban forest and its related resources. The board will provide
guidance on proposed amendments to tree protection and landscaoe article, and other matters
as necessary or when requested by the city council.
(b) The tree and landscape advisory board shall consist of five regular members and two
alternate members. Meetings shall be held at such times and places as determined by the city
council and shall be open to the public.
(c) Mission statement: To preserve, protect, promote and increase the natural canopy
indigenous to the City of Sebastian.
(Ord. No. 0-05-18, ~.16, 10-16-05)
Editor's note-Ord. No. 0-05-18, ~ 16, adopted Oct. 16, 2005, renumbered former
~ 54-3-14.17 as ~ 2-240 as herein set out. Former ~ 54-3-14.17 deriv-ed from Ord. No. 0-02-06,
~ 1, adopted Apr. 10, 2002.
Supp. No. 36
CD2:33
@
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-----; /'-. -; ,~ " :. ;:
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: .
BUSINESS PHONE: ~i-4l}lk:; BUSINESS FAX:
ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN?
E-MAIL:
HOW LONG?
DO YOU CURRENTl.Y HO~D ANY PUBLIC OFFICE?
D
DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE?
WHICH BOARDS/COMMITTEES?
''-tlD
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)*
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)
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
~--,.......;7'---~"'~'o;:"r__
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WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED
ABOVE? e.-S
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.
Subscribed and sworn to
(?t?I!,-#W'6- S'C/(.;.e1<r-
tPt- <h L./t...
before me day
who is personally
as identi ": """'''!"2!'E''-''~~~~1l
......,~,;?:y;lt'.~~,.,,, CAHRtE B. ANDERSON I
~-<:.o. ~. ,0..... ~ '-y ('Ol,A~'.i"SION. # DCl jf'f::rlh2
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'i~r.J9~~~~"" BonGed Thru Notmy Put'!!: Underwriters
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Please return to Office ofthe City Clerk, '1225 Main Street, Sebastian, FL 32958 - (772) 589-5330
\wp-form\applicat.wpd
rev, 1 0/2005
@
TREE AND LANDSCAPE ADVISORY BOARD
-- 3-YEARTERMS
MEMBER NAME APPOINTMENT HISTORY CURRENT TERMS
AND ADDRESS STATUS COMPLET
ED
Mary Bennett Took Cathy Fulton's expired Term expires
677 Wimbrow position 3/24/04 4/2007
Drive
Sebastian, FL Took Mr. Creamer's
32958
581-9266 unexpired alternate position
9/10/03
Lynn Albury Took Charles Cardinale's Term expires
1666 Seahouse Regular Member 3/9/05 4/1/2008
Street
Sebastian, FL Reappointed Regular
32958
589-0037 Member 3/27/2002
Reappointed Regular
Member 4/26/2000
Took Dan Herlan's Regular
Member Position 12/15/99
David Rodriguez Took Anne Dann's regular Term expires
824 Schumann member position 4/12/06 4/2007
Drive
Sebastian, FL Appointed altemate -
32958 member position 1/25/06
388-9213
sitor@bellsouth.ne
!
Neil Lagin Took Marsha Fusco's Term to expire
838 Wentworth unexpired regular member 411/2008
Street position 8/10/05
Sebastian, FL Took Marsha Fusco's
32958
589-4312 unexpired alternate position
3/9/05
Maureen Cummings Took Therese Miller's Term expires
134 Englar Avenue
Sebastian, FL 32958 unexpired regular member 11/2008
589-1175 position 5/1 0/06
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96
-- --.- _..~..._..-.
Matthew Sims Appointed alternate
Post Office Box 622 member position 12/14/05 Term expires
Wabasso, FL 32970 11/2008
538-4369
JMANN1111 @vaho
o.com
Term expires
11/2008
BOARD SECRETARY - Donna Cyr
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CfIY OF
SBBAS!~
HOME OF PELICAN ISLAND
May 8, 2006
PRESS RELEASE
TREE & LANDSCAPE ADVISORY BOARD
THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL ONE UNEXPIRED
ALTERNATE MEMBER POSITION ON THE BOARD WITH TERM TO EXPIRE 11/2008.
ALL BOARD MEMBERS MUST BE CITY RESIDENTS.
THIS COMMITTEE MEETS ON THE FIRST MONDAY OF EACH MONTH AT 5:30 PM
IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN.
APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225
MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM OR
AT WWW.CITYOFSEBASTIAN.ORG AND WILL BE ACCEPTED THROUOII W.Y 24,
_. IAI/;(;if ~_
###
mOl
HOME. OF PWCAN ISLAND
elt of Sebastian, Florida
Agenda No. Oft;. li.3
Department Origin: Growth Manag~
Purchasing/Contracting:
Finance Director:
City Attorney: Q M\ _ A ~
City Clerk: ~
Subject: Continuance of Public Hearing for
Resolution R-06-14 approving Preliminary
Plat for Sebastian Crossings Commercial
Subdivision
Date Submitted: July 19, 2006
For Agenda of: July 26, 2006
Exlubits: R-06-14, Preliminary Plat (previous packet), Staff Report, P & Z Minutes, Application, Environmental
Report.
EXPENDITURE
REQUIRED:
None
AMOUNT BUDGETED:
None
APPROPRIATION
REQUIRED: None
SUMMARY
Kimley-Horn & Associates, on behalf of CRF Panther II, Inc. and Sebastian Crossings, LLC, has filed for
preliminary plat approval for a commercial subdivision development located on the north side of CR 512, east
and adjacent to the Sebastian River Middle School, near the Sunoco Gas Station. The project consists of 4 lots
and a private master stormwater tract, along with a public ROW tract, which completes and connects Sebastian
Crossings Boulevard to CR 512. The ROW tract will be dedicated to the City via the:final plat process. All four
lots are adjacent to CR 512. Access to the site will be accomplished via a driveway connection to CR5l2 from
Lot 1 and an access point from Sebastian Crossings Boulevard, which connects to CR 512, from Lot 4. Fifty feet
within the southern section of each lot will be designated as an access easement for traffic circulation to all
properties. Proposed water and wastewater service for development of the individual. lots will be accomplished
via connection to Indian River County Utilities. Stormwater runoff for the proposed development of the
subdivision lots will be routed to the master stormwater tract with additional run-off to the wetland area north
and adjacent to the subdivision. The site consists of 10.14 acres of tota11and area. The proposed preliminary plat
reflects compliance with current CG zoning requirements including minimum lot size and all other dimensional
criteria.
Per the Land Development Code and established City procedures, the Planning and Zoning Commission held a
public hearing at its June 1 st meeting to consider the preliminary plat and made a recommendation to City
Council for its approval.
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RECOMMENDED ACTION
Conduct quasi-judicial public hearing.
"Move to approve Resolution R-06-14, Preliminary Plat for Sebastian Crossings Commercial Subdivision".
@
RESOLUTION NO. R-06-14
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
APPROVING THE PRELIMINARY PLAT FOR A COMMERCIAL
SUBDMSION KNOWN AS SEBASTIAN CROSSINGS
COMMERCIAL; PROVIDING FOR CONFLICTS HEREWITH;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, CRF Panther II, LLC and Sebastian Crossing, LLC have filed an
application for approval of a preliminary plat for a commercial subdivision known as Sebastian
Crossings Commercial; and
WHEREAS, said subdivision and preliminary plat comply 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.
PRELIMINARY APPROVAL. The City Council of the City of
Sebastian does hereby approve the preliminary plat and subdivision plan for Sebastian Crossings
Commercial prepared by Jared C. Hockenberry of Kimley-Hom and Associates, Inc., dated May
16,2006, with an engineer's stamp and signature dated June 14,2006, as maintained on file with
the City Growth Management Department, with the following conditions:
A. Issuance of the SJRWMD permit before any landclearing allowed.
B. Sign easement area conveyed back to CRF Panther II.
Section 2.
CONFLICT. All resolutions or parts of resolutions in conflict herewith
are hereby repealed.
Section 3.
EFFECTIVE DATE.
This resolution shall take effect immediately
upon its adoption.
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
vote was as follows:
and, upon being put into a vote, the
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Mayor Nathan McCollum
Vice-Mayor Brian Burkeen
Councilmember AI Paternoster
Councilmember Andrea Coy
Councilmember Sal Neglia
The Mayor thereupon declared this Resolution duly passed and adopted this 26th day
of July, 2006.
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Nathan McCollum
ATTEST:
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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HOME OF. PWCAN ISLAND
Growth Management Department
Preliminary Plat Approval Application - Staff Report
1.
Project Name:
Sebastian Crossings Commercial
2. Requested Action: Subdivision Preliminary Plat Approval
3. Project Location
a.
Address:
CR 512-Sebastian Boulevard
Sebastian, Florida 32958
b.
Legal:
Provided - See Survey
c. Indian River County Parcel Number: 31-38-22-00000-1000-00002.0
4.
Project Owner:
William Reynolds, Jr.
CRF Panther II
500 S. Florida Avenue, #700
Lakeland, Florida 33807
(863) 647-1581
Matthew Markofsky
Sebastian Crossings LLC
3696 N. Federal Hwy~ #203
Ft. Lauderdale, FL 33308
(954) 567-5161
5. Project Engineer: Jared Hockenberry, P.E.
Kimley-Horn & Associates, Inc.
601 21st Street, Suite 400
Vera Beach, Florida 32960
(772) 562-7981 Fax: (772) 562-9689
6. Project Surveyor: William Mott Land Surveying, Inc.
1275 S. Patrick Drive, Suite H
Satellite Beach, Florida 32937
(321) 773-4323 Fax: (321)-777-4795
7. Project Description
Narrative of proposed action: The applicant has filed for a commercial
subdivision preliminary plat approval for 10.14 acres located on CR 512,
east and adjacent to Sebastian River Middle School, just south of
Sebastian Crossings residential subdivision, near the intersection of CR
510 and CR 512. The subdivision is for 4 lots and a private master
stormwater tract, along with a public ROW tract, which completes and
1
~~' .- .
~. "'-,'
. .~~~iiJ(L.
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connects Sebastian Crossings Boulevard to CR 512. The ROW tract will
be dedicated to the City via the final plat process. All four lots are
adjacent to CR 512. Access to the site will be accomplished via a
driveway connection to CR 512 from Lot 1 and an access point from
Sebastian Crossings Boulevard, which connects to CR 512, from Lot 4.
Fifty feet within the southern section of each lot will be designated as an
access easement for traffic circulation to all properties. Proposed water
and wastewater service for development of the individual lots will be
accomplished via connection to Indian River County Utilities. Stormwater
runoff for the proposed development of the subdivision lots will be routed
to the master stormwater tract with additional run-off to the wetland area
north and adjacent to the subdivision.
b. Current Zoning: CG
c. Adjacent Properties
Zoning Current Land Use Future Land Use
North: PUD-R Residential Subdivision LDR
East: CG Vacant CG
South: A-1 & CL Vacant L-1 & C/I (County)
West: A-1 Middle School L-1 (County)
d. Site Characteristics
(1) Total Acreage: 10.14 acres
(2) Current Land Use(s): Vacant
(3) Soil: Riviera
(4) Vegetation: Pine, Oak and Scrub in northern
portion
(5) Flood Hazard: Zone X & A
(6) Water Service: Indian River County Utilities
(7) Sanitary Sewer Service: Indian River County Utilities
(8) Parks: North County Park & Pool-.25 miles
(9) Police/Fire: Sebastian Police - 4.5 miles
Indian River Fire - 3 miles
8. Comprehensive Plan Consistency
a.
Future Land Use:
Consistent
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2
b. Traffic Circulation: Consistent
c. Housing: n/a
d. Public Facilities: Consistent
e. Coastal Management: n/a
f. Conservation: Consistent
g. Recreation and Open Space: n/a
9. Contents of Preliminary Plat:
a.
name of subdivision:
Sebastian Crossings Commercial
b.
vicinity sketch:
provided
c. legal description including section, township and range: provided
d. north arrow graphic scale: provided
e. date of preparation: provided
f. name, address, and telephone of applicant: provided
g. name, address, and telephone of owner of record: provided
h. name, address, and telephone of mortgage holder: final plat info
i. statement that they will join in the dedication: final plat info
j. name, address, and registration number of engineer: provided
k. name, address, and registration number of surveyor: provided
I. name of adjacent subdivisions, if any, including plat book and page
number reference: provided
m. names of owners of record of adjacent acreage: on file
n. contour map including a perimeter strip up to 150 feet in width.
provided
o. all existing watercourses, drainage ditches and bodies of water,
marshes, and other significant, natural or man-made features:
provided
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p. name, aliment and width of all existing and proposed streets, alleys,
rights-of-way or easements including name, right-of-way width,
street or pavement width and established center line elevations:
provided
q. all existing and proposed property lines, easements and right-of-
ways, their purpose, their effect on the property to be subdivided,
and the proposed layout of lots and blocks: provided
r. access points to collector and arterial streets showing compliance
to the access requirements: provided
s. all existing drainage district facilities and the ultimate right-of-way
requirements: provided
t. utilities such as telephone, power, water, sewer, gas, etc., on or
adjacent to the tract: on survey
u. a statement that all utilities are available and have been coordinated
with all required utilities: provided
v. sites proposed for parks, recreational areas and schools: provided
w. location of all temporary structures or permanent structures having
a temporary use: N/A
x. if borders public water, delineate the mean high water line: n/a
y. plan for stabilizing shoreline with natural vegetative cover or other
environmentally sensitive manner acceptable to DER and the city:
N/A
z. permanent reference monuments shall be shown at all block
corners, at all points of reverse or compound curvature, and at all
points of tangency occurring with block limiting lines: final plat
aa. block perimeter returns at block corners or other block line
intersection: provided
10. Required Supplemental Information
a.
existing land use policy and proposed policy changes: provided
b.
on-site wastewater disposal data: provided
c.
surface water management plan: provided
d.
traffic impact analysis: not provided. Uses are not known at this time.
During site plan review traffic information will be required for each lot.
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4
12.
13.
e. required park land and/or facility improvements: N/A
f. required potable water improvements: Indian River County Utilities
g.
required wastewater improvements:
Indian River County Utilities
h. erosion and sedimentation control improvements: provided
i. reference to required improvements
i. access: provided
ii. alleys: n/a
iii. blocks: n/a
iv. bridges: n/a
v. comprehensive stormwater management system: provided
vi. easements: provided
vii. lots: provided
viii. seawalls, bulkheads, piers and docks: n/a
ix. soils: provided
x. streets: provided
xi. bicyclelpedestrian paths: provided
xii. off.street parking areas: n/a
xiii. utilities: provided
xiv. utility installation: provided
xv. central water system: provided
xvi. central wastewater system: provided
xvii. individual sewage systems: n/a
xviii. water and sewage treatment and processing plants: n/a
xix. median strips and entranceways: provided
xx. traffic control devices: n/a
xxi. monuments: provided
xxii. commercial and industrial subdivisions: provided
xxiii. mobile home subdivisions: n/a
j. schedule of multiple phases: Phase I - Public ROW Tract B
11. Zoning district dimensional regulations:
a. minimum lot size: 10,000 square feet yes
b. minimum width: 75 feet yes
c. minimum depth: 125 feet yes
Fee paid:
yes
City Engineer's review: The city engineer requested statements from the civil
engineer that the proposed outfall from the private stormwater tract into the
northern wetland preservation and conservation tracts is allowed through
regulatory design principals and that terms of agreements were reached with the
residential subdivision owners regarding stormwater discharge onto their
property. The engineer of record has stated "The current outfall of the property
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16.
is a ditch along the northern property boundary that conveys stormwater to the
adjacent wetland slough. The proposed system will provide water quality
treatment and attenuation as required by SJRWMD prior to discharging into the
slough. The proposed system will meet the criteria established by Section 12.0 of
the SJRWMD Applicant Handbook prior to outfall."
Staff has received a copy of the Drainage Easement Agreement dated 4/19/05
between the two property owners.
Also, staff has received and reviewed comments from SJRWMD regarding the
application for the stormwater permit. A copy of the approval and issuance of
the SJRWMD permit will need to be submitted to staff before landclearing for any
development can begin.
14. City Attorney's review:
15. Other Matters: An environmental report from Storm L. Richards & Associates,
Inc. has been received and reviewed. No protected federal and/or state species
were observed. (Please see attached report dated 6/4/06).
Phase I of the subdivision will be the completion and connection to CR 512 of
Sebastian Crossings Boulevard by Sebastian Crossings LLC. Construction
drawings will be reviewed and accepted by the City Engineer.
In April 2006, a Developer's Agreement was executed between Indian River
County and CRF Panther II, LLC regarding acquisition of additional ROW
needed for CR 512 improvements in exchange for necessary CR 512 curb-cuts,
medians, and deceleration lanes for safe traffic access for the future commercial
development within the subdivision. County staff will be designing and
overseeing the access construction.
The proposed sign easement located in the southeast corner of Lot 4 originally
had been deeded (vs. dedicated) to Sebastian Crossings, LLC, creating an
illegal lot and improper conveyance. After discussion with the applicants, the
easement will be deeded back to CRF Panther II.
The northern section of the subdivision is within Flood Zone A as established by
FEMA Map Panel No. 12061C0078E, dated 5/4/89. Staff is working with the
engineer of record regarding a Letter of Map Revision through FEMA and
establishing a Base Flood Elevation. This will need to be completed before any
permits can be issued for structures within this area.
Analysis: The applicant has filed for a commercial subdivision preliminary plat
approval for 10.14 acres located on CR 512, east and adjacent to Sebastian
River Middle School, just south of Sebastian Crossings residential subdivision,
near the intersection of CR 510 and CR 512. The subdivision is for 4 lots and a
private master stormwater tract, along with a public ROW tract, which completes
and connects Sebastian Crossings Boulevard to CR 512. The ROW tract will be
dedicated to the City via the final plat process. All four lots are adjacent to CR
6
512. Access to the site will be accomplished via a driveway connection to CR
512 from Lot 1 and an access point from Sebastian Crossings Boulevard, which
connects to CR 512, from Lot 4. Fifty feet within the southern section of each lot
will be designated as an access easement for traffic circulation to all properties.
Proposed water and wastewater service for development of the individual lots
will be accomplished via connection to Indian River County Utilities. Stormwater
runoff for the proposed development of the subdivision lots will be routed to the
master stormwater tract with additional run-off to the wetland area north and
adjacent to the subdivision.
17. Conclusion: The proposed project is consistent with the Land Development
Code, Comprehensive Plan and Code of Ordinances
18. Recommendation: Staff has completed a thorough review of the proposed
Sebastian Crossings Commercial subdivision plan and recommends approval with
the following conditions:
1. Issuance of the SJRWMD permit before any landclearing allowed.
2. Sign easement conveyed back to CRF Panther II.
ee(.,,, / oc,
DA E '
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PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF JUNE 1, 2006
administrative approved changes. The bUilding permit will be held until an l)~
letter is received from St. John's Water Management District. The parking Wi~ I~,..
semi-pervious. Staff recommends approval. Mr. Todd Smith, the project agent and ,.. I
engineer, answered questions regarding drainage. .
MOTION by Oakes/Allocco to approve the site plan modification for addition of retail use
and future storage area for Indian River Seafood Market/Sea Swell Properties at 633 Old
Dixie Highway with the condition that the permit for the phase 2 concrete slab will not be
released until verification of St. John's approval is received and that the utilities
department approval is received for the purpose of obtaining an occupational license.
ROLL CALL: Mr. Paul
Mr. Keough
Mr. Cardinale
Chmn. Allocco
yes
yes
yes
yes
Mr. Mahoney
Mr. Simmons
Mr. Oakes
yes
yes
yes
The vote was 7-0. Motion passed unanimously.
PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL - PRELIMINARY
PLAT - SEBASTIAN CROSSINGS COMMERCIAL SUBDIVISION _ 4 LOTS WITH
STORMWA TER TRACT - CG ZONING - CR 512, EAST & ADJACENT TO SRMS
Ms. Bosworth detailed the project and gave a brief history. She detailed various aspects
of the project. Ms. Bosworth said the project meets all the comprehensive plan and land .
development codes. There are three conditions; (1) issuance of the SJRWMD permit
before any land clearing allowed, (2) completed environmental study submitted before
the City Council hearing, (3) sign easement issues resolved before the City Council
hearing.
The project engineer, Mr. Jared Hockenberry, P.E., Kimley-Hom & Associates, Vero
Beach, FL made himself available to an~wer any questions the board may have.
MOTION by Oakes/Paul to recommend City Council approve the Sebastian Crossings
commercial subdivision preliminary plat CR 512 with the three conditions noted in the
staff report dated May 25, 2006.
ROLLCALL: Mr. Mahoney
Chmn. Allocco
Mr. Simmons
Mr. Cardinale
yes
yes
yes
yes
Mr. Keough
Mr. Oakes
Mr. Paul
yes
yes
yes
The vote was 7-0. Motion passed unanimously.
MEMBERS MATTERS:
There was a brief discussion about rules of the Sunshine Law. The color of the awning
at the Hula Grill was discussed.
CHAIRMAN MATTERS:
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3
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Permit Application No.
Century Realty Funds c/o William Rf! nolds, Jr.
Address: ... .
500 S. Florida Avenue, Suite 700 ",t:akeland FL 33807
Phone Number: (863 ) 647 - 1581 FA?<.f\Jumber: ( 863 ) 647 - 3992
E-Mail:
wreynolds@a-m ro erties.com:
E-Mail:
Title of permit or action requested:
Site Plan Approval, Conditional Use Permit Prelimina'
Approval
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 AlTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
A. Project Name (if applicable):
Sebastian Crossings - Commercial
B. Site Information
Address:
95th Street (CR512) Sebastian, FL 32958
Lot: Block: . Unit: Subdivision:
Indian River County Parcel #:
31382200000100000002-0
Zoning Classification: Future Land Use:
CG CG
Existing Use: . Proposed Use:
Vacant Agriculture Commercial
C. Detailed description of proposed activi~ and pu~se of the requested permit or action (attach
extra sheets If necessary): Proposed commercial development to include 4 commercial
lots. a private stormwater tract and a trail preserve tract. as per attached
plans.
DATE RECEIVED: .3-'2tJOS-
FEE PAID: $ 3,700.00
,sIT€' ~ -1,a..00<<>
p~1'\"r l-:rcc - ao
QOIJ () . ~ t.f Sl> - c:c':)
RECEIVE
@
Permit Application No.
D. Prolect Personnel:
Agent: N/A
Name:
Address
Phone Number: ( ) - FAX Number: ( ) -
E-Mail:
Attorney: N/A
Name:
Address
Phone Number: ( ) - FAX Number: ( ) -
E-Mail:
Engineer:
Name:
Kimley-Horn and Associates. Inc. c/o Jared Hockenberry
Address
601 21st Street, Suite 400; Vero Beach. FL 32960
. Phone Number: ( ) - FAX Number: ( ) -
(772)562-7981 (772) 562-9689
E-Mail:
j&red.hockenberrY@ki~eY-ho~~~~om
. Surveyor:
Name:
Kimley-Horn and Associates, Inc. c/o Chris Demeter, P. S. M.
Address
601 21st Street. Suite 400; Vero Beach. FL 32960
Phone Number: ( ) - FAX Number: ( ) -
(772)562-7981 (72)562-9689
E-Mail:
chris.demeter@kimley-horn.com
I, , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: JL I AM THE OWNER _ I
AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPLI~ATlON, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
"/:17X~ST::::~ANDBELEF. 3-.;(~ -OS-
~ D~
rasT
NOTARy'S SIGNATURE
PRlNfEDNAMEOf.'-NOTARY
CoMMISSION NO.IExPIRATlON
SEAL:
@
~~'1A~rit:- Deranda R. Stevens .
N,./ti.'>'A MY COMMISSION # D0074750 EXPIRES
;:ri'~RE November 27, 2005
"'~.9f..r..~' BONOEDTHRU TROY FAIN INSURANCf,INC
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 : , >\
I/WE, _ THE OWNER(S) / _ 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 Planning and Zoning
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
PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THIS WArvER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
PROMISES E,BY NY. PLOYEE,AG ENT,CO NTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
3-c?{~-o)
SIGNATURE DAlJn
Swom to and subscribed before me by IJ..J 1'/ /; ()/n b . 'c:fs,i/-
w .s enlOnall knowntomeo~
as identifi.lC8tiOn. this day of. U -- --
Notary's Signature . .
Printed Name of Notary
Commission No.lExpiration
Seal:
\"'"I',, D
.:-~\l!\v.ri'~" eranda R. Stevens
[*. (J:;.~'r~ MYCOMMISSION.# 00074750 EXPIRES
~.~~~~~ November 27, 2005
'?,f.,9'f"r..'t-., BONDED THRU TROY FAIN INSURANCE, INC
@
"
,
STORM L. RICHARDS & ASSOCIATES, INC.
ENVIRONMENTAL ASSESSMENTS, FEASmILITY STUDIES, & PERMIITING
1804 MAPLE AVENUE
SANFORD, FLORIDA 32771-3358
(407) 323-9021 FAX: (407) 366-0538
DR. JEANNE Fil..LMAN-RICHARDS, President
DR. STORM L. RICHARDS
,__~r~'~~:;
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June 4, 2006
Ms. Rebecca Groha11, AICP
Growth Management Director
City Hall
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Re: Threatened/endangered species evaluation for the proposed County Road 512
development site, located on the north side of County Road 512 (95th
Street/Fellsmere Road) west of its intersection with County Road 510
(90th Av~nue), in Section 22, TownShip 31 South, Range 38 East, southwest of
the City of Sebastian. Indian River County, Florida 32948
Parcel JD# 31382200000100000002.0
Further informatIon as requested
Dear Ms. Grohall:
The subject proposed County Road 512 development property is located on a rural site
southwest of the City of Sebastian in Indian River County, Florida, in Section 22,
Township 31 South, Range 38 East. The subject site is located on the north side of County
Road 512 (95th Street/Fellsmere Road) west of its intersection with County Road 510
(90th Avenue) (see Appendix "A"-Maps of Site). The parcel ID# for the site is
NATIONAL ASSOCIATION OF ENVIRONMENTAL PROFESSIONALS' FLORIDA ASSOCIATION OF ENVIRONMENTAL PROFESSIONALS
NATIONAL ENVIRONMENTAL ASSESSORS ASSOCIATION. FLORIDA ENVIRONMENTAL ASSESSORS ASSOCIATION
THE ASSOCIA TJON OF AMERICAN GEOGRAPHERS. FLORIDA SOCIETY OF GEOGRAPHERS
THE GALlLEO CIRCLE OF THE AMElUCAN GEOGRAPHICAL SOCIETY
REGISTER OF PROFESSIONAL ARCHAEOLOGISTS. FLORIDA ARCHAEOLOGICAL COUNOL
Ms. Rebecca Grohall, AICP
Growth Management Director
City Hall
City of-Sebastian
June 4, 2006
Page 2
31382200000100000002.0 (see Appendix "C"-Legal Description). This letter report
represents the enumeration of protected species based on Florida:S Endangered Species,
Threatened Species, and Species of Special Concern (Florida Fish and Wildlife Conservation
Commission, 29 January 2004). The list was derived by field investigation conducted in
June 2006~ The intent of this report will be to inventory identified and poss'ibly occurring
threatened and endangered species on the site.
Site Description
The subject property consists predominantly of citrus .groves (Florida Land Use, Cover, and
Forms Classification System, FLUCFCS, 'TYPe #221). The dominant vegetation in the
agricultural area consists of shrub vegetation present with pasture Bahia grass (Paspalum
notatum) as the ground cover. The agricultural areas were easily accessible and all rows were
inventoried for protected species of flora and fauna. .
The northernmost limits of the site consisted of a man-made uplap.d-cut ditch with a cross
section of approximately 4' in width and 3' in depth. There was no flowing water in the
upland-cut ditch possibly because of drought conditions.
The waterway in the northernmost limits of the subject site is possibly channelized. The
adjacent pine flatwoods (FLUCFCS Type #411) and upland hardwood forests (FLUCFCS
'TYPe #420) were transected for protected species. Although species of fern such as cinnamon
fern (Osmunda cinnamomea) are listed species, they pose no restrictions toward development
of the subject site which are located in the waterway.
No upland federal and/or State of Florida species of flora and fauna were observed on the site
with particular attention paid to bald eagles (Haliaeetus leucocephalus), ospreys (Pandion
haliaetus), and other raptor species of birds, Florida scrub jays (Aphelocoma coerulescens
coerulescens), wading birds, and gopher tortoises (Gopherus polyphemus) and their
commensal species.
The wetland areas were predominantly non-forested wetland scrub (FLUCFCS Type #631)
and transitional wetland areas associated with the northernmost drainage ditch area that
contains some forested wetland species (wetland forested mixed, FLUCFCS Type #631).
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Ms. Rebecca Grohall, AICP
Growth Management Director
City Hall
City of Sebastian
June 4, 2006
Page 3
All areas were transected for observation of federal and state protected species both visual and
inferential based on possible nests, tracks, use of habitat, feeding areas, and scat; none were
observed present on the subject site.
Soils
All soils within the original grove area are disturbed for citrus production. All soils in the
area are sandy, disturbed. The forested area and small wetlands appear to have sandy soil and
hydric organic associated with the wetlands. The soil types are as follows (see soils map in
Appendix "A"): .
Soil Type
Description
#10
#13
Riviera fine sand
Wabasso fine sand
The Florida Land Use, Cover, and Forms Classification System (FLUCFCS) was used to
differentiate the vegetative types on the site. The Level ill designations were used for habitat
evaluation and are as follows:
FLUCFCS Type #
Description
Uplands:
#221
#411
Citrus Groves <Orange, grapefruit, tangerines, etc.>
Pine Flatwoods
#420
#421
Upland Hardwood Forest
Xeric Oak:
Water:
#510
Stream and Waterways (upland-cut ditch for former citrus
production activities)
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Ms. Rebecca Grohall, AICP
Growth Management Director
City Hall
City of Sebastian
June 4, 2006
Page 4
Wetlands:
#630
#631
Wetland Forested Mixed
Wetland Scrub
These vegetative types are described more fully as follows:
#221-Citrus Groves <Orange, grapefruit, tangerines, etc.>:
Citrus groves generally occur in areas possessing a specific combination of soil
qualities and climatology factors. Water bodies, which moderate the effects of
short duration temperature fluctuations, often are in close proximity to this type
of agriculture. Site. selection for air drainage on sloping land may also be
important. .
#411-Pine Flatwoods:
These forests are quite common throughout much of northeni and central
Florida; Originally, longleaf pines (Pinus palustris) were common on drier
sites while slash pines (Pinus elliottii), which are less fire resistant, were
confined to moister sites, wildfire being the contributing factor in this.
distribution. However, fire control and artificial reforestation have extended the
range of slash pine into former longleaf sites. The pine flatwoods class is
dominated by either slash pine, longleaf pine, or both, and, less frequently, by
pond pine (Pinus clausa). The common flatwoods understory species includes
sawpalmetto (Serenoa repens), waxmyrtle (Myrica cerifera), gallberry (flex
glabra), and a wide variety of herbs and brush.
#420-Upland Hardwood Forest:
This classification of upland forest lands has a crown canopy with at least a
66% dominance by hardwood tree species. This class, like the Upland Conifer
class, is reserved for naturally generated stands. Hardwood plantations, where
they occur, fall under the #440 class.
#421-Xeric Oak:
This forest comnimrity is similar to and occupies the same sites as the Longleaf
Pine/Xeric Oak community except that the pines, if present, are not the
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Ms. Rebecca Grohall, AICP
Growth Management Director
City Hall
City of Sebastian
June 4, 2006
Page 5
dominant species. In many cases, longleaf pine (Pinus palustris) may have
been present in significant numbers prior to harvesting, but were never
regenerated. Species common to this class include sand live oak (Quercus
virginiana var. geminata), bluejack oak (Quercus incana), turkey oak (Quercus
laevis), and sand post oak (Quercus stellata).
#510--Stream and Waterways (upland-cut ditch for former citrus production
activities):
This category includes rivers, creeks, canals, and other linear water bodies.
Where the water course is interrupted by a control structure, the impounded
water area will be placed in the Reservoirs category (#530).
The boundary between streams and lakes, reservoirs, or the ocean is the straight
line across the mouth of the stream unless the mouth is more than one mile
(1.85 kilometers) wide. In that case, the rule given under Bays and Estuaries
.#540) is followed.
#630--Wetland Forested Mixed:
This category includes mixed wetlands forest communities in which neither
hardwoods or conifers achieve a 66% dominance of the crown canopy
composition.
#631- Wetland Scrub
This community is associated with topographic depressions and poorly drained
soil. Associated species include pond cypress (Taxodium distichum var.
nutans), swamp tupelo (Nyssa sylvaticavar. biflora), willows (Salix spp.), and
other low scrub with no dominant species. The Loxahatchee Slough area is an
example of this classification.
These habitats are suitable to a number of federal and state protected species. A revised
methodology based on the Wildlife Methodology Guidelines for Section 18.D of the
Application for Development Approval published by the Florida Game and Fresh Water Fish
Commission's Office of Environmental Services (15 January 1988) was used to inventory
protected species as identified in Florida s Endangered Species, Threatened Species, and
Species of Special Concern (Florida Fish and Wildlife Conservation Commission,
29 January 2004).
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Ms. Rebecca Grohall, AICP
Growth Management Director
City Hall
City of Sebastian
June 4, 2006
Page 6
It is important to note that the FLUCFCS Type #221 (Citrus Groves <Orange, grapefruit,
tangerines, etc.>) makes up the majority of the site. Because of the adaptive nature of many
federal and state protected species, all areas were considered for protected species inventory
including, but not limited to, Florida scrub jays (Aphelocoma coerulescens coerulescens), bald
eagles (Haliaeetus leucocephalus), gopher tortoises (Gopherus polyphemus), and numerous
commensals and oilier species of flora and fauna.
The Florida scrub jay habitat potential was reviewed using site review and extensive
knowledge of habitat usage in Brevard and Indian River Counties (see Appendix "B"). Also,
the Growth Management Director's Office of the City of Sebastian provided excellent
information on Florida scrub jays that was used for post evaluation:
Florida Scrub Jays build their nests in dense shrubs, usually at low- to
mid-level heights. Usually the nest is located at the edge 0 a dense shrubby
area, adjacent to bare ground or somewhat open areas. The nest is a bulky
. basket of twigs, usually taken from oak shrubs. The lining of the nest is a .
tightly woven cup of cabbage palm or saw pal fibers. The jays never reuse the
nest or the materials. Jays will not nest in the same location even if the nest is
removed after use. The nesting seasons extends from March through June.
The Florida Scrub Jay is strongly associated with several Florida scrub
communities, and also will use adjacent non-scrub habitats of certain types.
Please note, jays exist only in areas where one or more species of scrub oaks
occur, even if only vestigially represented. Before the intrusion of humans,
nearly all natural scrub communities were maintained by frequent natural fires.
Florida Scrub Jays are most abundant in open oak-dominated scrub
communities .of the interior and Atlantic coast sand ridges of the Peninsula.
Scrub Jay habitat is broken down into three types. These types are as follows:
. TYPE I HABITAT. Any upland plant community in which
percent cover of the substrate by scrub oak species is 15% or
more.
. TYPE II HABITAT. Any plant community not meeting the
definition of Type I habitat, in which one or more scrub oak
species is represented.
TYPE III HABITAT. Any upland or seasonally dry wetland
within 1/4 mile of any designated as Type I or Type IT habitat.
In most cases, the Type I habitat is recognized as xeric oak scrub, scrubby pine
flatwoods, scrubby coastal strand, or sand pine scrub. Usual classification
schemes are not as useful in identifying or predicting habitat type; the presence
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Ms. Rebecca GrohaU, AICP
Growth Management Director
City Hall .
City of Sebastian
June 4, 2006
Page 7
of scrub oaks is the key indicator. The third habitat type includes many
different plant communities where scrub oak species are not represented ...
(from letter report dated May 4, 2006, on Florida Scrub Jay Survey and Report,
prepared by Bio- Tech Consulting, Inc., pages 3-4).
The subject site consists of predominantly FLUCFCS Type #221-Citrus Groves <Orange,
grapefruit, tangerines, etc.> habitat with no scrub habitat. The transitional and wetland
habitats are riot conducive to Florida scrub jay habitat.
Florida Scrub Jay Survey Methodology
All areas of the site were reviewed in detail for both observation for Florida scrub jays and
past nesting of the jays. The orange grove areas were walked alternatively in rows with each
row with 100%, 75%, and 50% pedestrian survey and randoin cross row survey (see transect.
map in Appendix "A"). The forested area was also transected throughout both in the uplands
and wetland areas for protected species as well as for occurrence. of rookeries and/or
individual nest(s).
The inventory was conducted on April 20, 2006, from 8:00 am through 11:30 am and from
3:00 pm through 5:30 pm. The weather conditions were very clear arid there was 4% cloud
cover, the temperature ranging from 780 to 840 and the wind being light. .
No Florida scrub jays were observed. Mockingbirds and blue jays were observed at the edge
community between the orange grove and pine flatwood/oak community. No nests were
observed in the orange tree areas. Observations were also at stationary points in each row
before the pedestrian survey. Tapes were not used but off-site observations on roads were
made. The subject site is located adjacent to significant development pressure and
development to the north and pastures to the south and west. A pine flatwood with no
adjacent scrub vegetation to the east represented surrounding vegetative communities.
The Wildlife Methodology Guidelines were used in a modified manner for upland surveys,
small mammal sampling, and herpetofaunal surveys as follows (pp. 7-10):
Upland Surveys:
Sherman's fox squirrel (Sciurus niger shermani)
Florida scrub jay (Aphelocoma coerulescens coerulescens)
Burrowing owl (Speotyto cuniculana)
Bald eagle (Haliaeetus leucocephalus)
Osprey (Pandion haliaetus)
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Ms. Rebecca Grohall, AICP
Growth Management Director
City Hall
City of Sebastian
June 4, 2006
Page 8
Florida grasshopper sparrow (Ammodramus savannarum floridanus)
Southeastern American kestrel (Falco sparverius paulus)
Detection of individuals within this group can be difficult since these species
tend to exhibit either inherently low populations or solitary behavior, or both.
For this reason, survey efforts which fail to detect any of the species listed
above should not necessarily be construed to imply species absence. An
appropriate survey methodology should consist of morning and evening
pedestrian surveys (1500 feet of transect per 100 acres) across the site for a
minimum of five days. Transects should be meandered through areas of
suitable habitat and changed after each survey to maximize site coverage.
Transect locations should be mapped accordingly. Map all observations of
listed species as well as physical features which may indicate species presence
such as tree markings, tracks, nests, and cavity trees.
Small Mammal Sampling: '
Florida mouse (Podomys floridanus)
The location and number of small mammal transects should be based on the
distribution of available habitat across the site. Each transect should consist of
a minimum of 25 stations (two live traps placed within a 10-foot radius of the
station) per 50 acres of suitable habitat. Each transect should be sampled for
four consecutive 24-hour periods to obtain the necessary 200 trap-nights 'per
transect. Traps should be shaded and checked twice each day to prevent
dehydration of captured animals. Captured animals should be identified to
species and released. Final survey reports should include all habitat/transect
data. To maximize Florida mouse captures, sampling stations should be located
in the immediate vicinitY of stumps, fallen logs, pathways, and gopher tortoise
burrows. In some cases, it may be more appropriate to rely on gopher tortoise
survey results to assist with the location of live trap transects.
Herpetofaunal Surveys:
Indigo snake (Drymarchon corais couperi)
Florida pine snake (Pituophis melanoleucus mugitus)
Gopher tortoise (Gopherus polyphemus)
Gopher frog (Rana capito [=areolata] aesopus)
Blue-tailed mole skink (Eumeces egregius lividus)
Sand skink (Neoseps reynoldsi)
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Ms. Rebecca Grohall, AICP
Growth Management Director
City Hall
City of Sebastian
June 4, 2006
Page 9
Species in this group are extremely difficult to census due to their highly
cryptjc nature and seasonal activity patterns. Investigators should be aware of
how seasonal and local conditions may influence individual species sampling
success.
Gopher frog, indigo snake, and Florida pine snake populations should be
censused using a combination of pedestrian surveys and funnel trapping. On
portions of the site that support moderate to high densities of gopher tortoises
(Gopherus polyphemus) (OA individuals per acre or greater), one-way funnel
traps (minimum three-foot length) should be placed at the burrow entrance of at
least 25% of the active, inactive, and abandoned gopher tortoise burrows on a
site. Greater sampling effort for gopher frog populations should be expended
on burrows within one-half mile of intermittent wetlands. Traps should be
shaded and left in place for at least four consecutive days and checked twice
each day.
Upland pedestrian surveys for these species are best conducted during the
spring, summer, and fall months. When conducting winter month surveys,
investigators should closely observe gopher tortoise burrows for the presence of
basking indigo and Florida pine snakes in the vicinity of the burrow, and
gopher frogs just inside the burrow entrance. Snake observations can be
increased if surveys are conducted during warm sunny days between early and
mid-afternoon hours. During the months of February through October
following heavy rains, nighttime monitoring of frog vocalizations from
intermittent wetlands can be conducted to determine the presence of gopher
frog breeding habitat within a site.
Site Review
Staff of Storm L. Richards & Associates, Inc., transected the site in June 2006. Special
attention was given to the upland areas and forested area for potential habitat of protected
species. The site was reviewed in the early morning and late afternoon hours on several
occasions. Transects were made throughout the property based on review of each row of the
citrus grove and a thorough review of the northern boundary and wetland area located in the
northern portion of the site (see maps in Appendix "A").
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Ms. Rebecca Grohall, AICP
Growth Management Director
City Hall
City of Sebastian
June 4, 2006
Page 10
Species Inventory
Upland areas comprise the dominant vegetative community type for the site in which
protected species might occur, although the upland areas are altered and formerly were used
for citrus production. This habitat is not conducive to Florida scrub jays (Aphelocoma
coerulescens coerulescens) and none were sighted nor were their distinctive twig- and
sawpalmetto-lined nests sighted. There were no gopher tortoise (Gopherus polyphemus)
burrows inventoried during field review of the site.
No wading birds or rookeries or nesting areas were observed. Mature slash pines (Pinus
elliottii) did not have nests of protected species such as eagles or owls, and a search of the
eagle nest locator database provided by the Florida Fish and Wildlife Conservation
Commission (FFWCC) in June 2006 did not show eagle nests on or near the subject site. No
cavity trees were observed on the site. A listing of species potentially occurring on the site
includes the following:
The open upland areas include animals such as armadillo (Dasypus novemcinctus),
Florida mouse (Peromyscus floridanus), hispid cotton rat (Sigmodon hispidus), eastern
cottontail rabbit (Sylvilagus floridanus), opossum (Didelphis virginiana), raccoon
(Frocyon lotor), and striped skunk (Mephitis mephitis) as mammals observed or
potentially occurring within on-site. Birds typically may include, but are not limited
to, Bachman's sparrow (Aimophila aestivalis), red-tailed hawk (Buteo jamaicensis),
red-shouldered hawk (Buteo lineatus), killdeer (Charadrius vociferus), nighthawk
(Chordeiles minor), common bobwhite (Colinus virginianus), American kestrel (Falco
sparverius), turkey (Meleagris gallopavo), screech owl (Otus asio), and starling
(Sturn us vulgaris). Reptiles may typically include the yellow rat snake (Elaphe
obsoleta), eastern indigo snake (Drymarchon cora is couperi), pygmy rattlesnake
(Sisturus militarius) pine snake (Pituophis melanoleucus mugitus), box turtle
(1errapene carolina), gopher tortoise (Gopherus polyphemus), and the Florida ribbon
snake (Thamnophis sauritus). Red-cockaded woodpeckers (Picoides borealis) are riot
. anticipated to use this site due to the lack of mature pine trees in the area.
Threatened and Endangered Species
Species which occur or could potentially occur on the proposed County Road 512
development site and have legal status according to the Florida Fish and Wildlife
Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS) are
listed in Appendix "D"-List of Protected Animals with Potential for Occi.rrrence on the
Proposed County Road 512 Development Site, Section 22, ToWnship 31 South, Range 38
East, Southwest of the City of Sebastian, Indian River COUIl,ty, Florida.
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@
Ms. Rebecca Grohall, AICP
Growth Management Director
. City Hall
City of Sebastian
June 4, 2006
. Page 11
Summary
Gopher tortoises and conimensal species were inventoried both in the orange grove area and
the pine flatwoods area. The pine flatwood area has a dominant sawpalmetto groundcover
These areas were evaluated for gopher tortoises and commensal species. No tortoise trails
were observed or easily identified foraging areas with easily observed maintained grassed
areas. No gopher tortoise burrows were observed. The high groUndwater table precludes
active gopher tortoise burrows for the site and past abandonment possibly reduces/eliminates a
gopher tortoise population on the site.
Transecting the site and evaluating for protected species was aided by rows throughout the
entire site (see transect map in Appendix "A"). No protected federalandlor state species were
observed.
Please do not hesitate to call if you have any questions or need additional information. Thank:
you again for your review and comments.
Respectfully submitted,
-""""''''
--_AnD ....".
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'fj Of '0. "" t
J' lH\U~lNrAL ". ,
~ PIOf.SSIOH.\U I
.. .--.C.........Li... ~
~tlY....Wgtk\mj~.:I
~ ~ 03562 l..~ I
t. ~ ". tlJm\\.' ....~.::
It ~~..........~Ca~ ..
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. ''''''''~-
Storm L. Richards, Ph.D.
Certified Environmental Professional
Florida Association of Environmental
Professionals, Member
Appendix "A":
Appendix "B":
Maps of Site
Professional Summary including ThreatenedJEndangered Species
Projects
Legal Description
List of Protected Animals with Potential for Occurrence on the Proposed
County Road 512 Development Site, Section 22, Township 31 South,
Range 38 East, Southwest of the City of Sebastian, Indian River
County, Florida
Appendix "C"
Appendix "D":
~.....
Ms. Rebecca Grohall, AICP
Growth Management Director
City Hall
City of Sebastian
June 4, 2006
Page 12
cc: Mr. Will Reynolds
Century Realty Funds, Inc.
500 South Florida Avenue-Suite 700
Lakeland, Florida 33801
Mr. Jared Hockenberry
Proj ect Manager
Kimley-Horne & Associates, Inc.
601 21st Street-Suite 400
Vero Beach, Florida 32960
.~
\Sv
APPENDIX "A"
MAPS OF SITE
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APPENDIX liD"
LIST OF PROTECTED ANIMALS WITH POTENTIAL FOR OCCURRENCE
ON THE PROPOSED COUNTy ROAD 512 DEVELOPMENT SITE,
SECTION 22, TOWNSIllP 31 SOUTH, RANGE 38 EAST,
SOUTHWEST OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA
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LIST OF PROTECTED ANIMALS WITH POTENTIAL FOR OCCURRENCE ON THE PROPOSED
COUNTY ROAD 512 DEVELOPMENT SITE, SECTION 22, TOWNSHIP 31 SOUTH, RANGE 38
EAST, SOUTHWEST OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY; FLORIDA
Designated Statusl
Species Habitat USFWS2 FFWCC3
Birds:
Aphelocoma coerulescens Oak habitat; habitat T T
coerulescens marginal; none sighted
Florida scrub jay
Haliaeetus l. Near rivers and T T
leucocephalus marshes; none
Southern bald eagle sighted; no nests;
. preferred habitat
not available; no nests
on or near site listed on
eagle nest locator data- .
base provided by the
Florida Fish and Wildlife
Conservation Commission
Pandion haliaetus Near rivets, lakes; SSC1,2
Osprey none sighted
Picoidesborealis Mature pine trees; E SSC
Red-cockaded no cavity trees;
woodpecker none sighted
Picoides villosus Variety of habitat; 4 4
audoboni none sighted
Hairy woodpecker
Reptiles and Amphibians:
Drymarchon cora is couperi Dry, sandy areas; T T
Eastern indigo snake possible occurrence;
none sighted
Gopherus polyphemus Live oak, pine, C2 SSC1,2,3
Gopher tortoise turkey oak; no
burrows sighted
Pituophis melanoleucus Dry, sandy areas; C2 SSC2
Florida pine snake possible occurrence;
none sighted
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Designated StatusI
Species
Habitat
USFWS2
FFWCC3
Reptiles and Amphibians-Continued:
Rana aereolata aesopus
(= Rana capito)
Florida gopher frog
Dry, sandy areas;
some possibility of
occurrence; none
sighted
C2
SSC1,2
Mammals:
Podomys fioridanus
Florida short-tailed
mouse
Sand pine scrub,
early successional
stage; possible
occurrence; none
sighted
C2
SSC
IE:: Endangered; T = Threatened; sse = Species of Special Concern (see end of footnote); C2 =
Candidate for listing, with some evidence of vulnerability although with insufficient information at.
present to support listing, but which is encouraged for consideration in environmental planning.
Reasons for SSC listings J;>rior to January 1,2001, are indicated by the number ill superscript
under the following critena: .. .
. I Has a significant vulnerability to habitat modification, environmental alteration,
human disturbance, or human exploitation which, in the foreseeable future; may
result in its becoming a threatened species unless appropriate protective or.
management techniques are initiated or maintained.
May already meet certain criteria for designation as a threatened species but for
which conclusive data are limited or lacking.
May occupy such an unusually vital or essential ecological niche that should it
decline significantly in numbers or distribution other species would be adversely
affected to a significant degree.
Has not sufficiently recovered from past population depletion.
Occurs as a population either intentionally introduced or being experimentally
managed to attain specific objectives, and the species of special concern
prohibitions in Rule 68A-27.002, EA.C.; shall not apply to species so
designated, provided that the intentional killing, attempting to kill, possession,. or
sale of such species is prohibited.
2
3
4
5
2U.S. Fish and Wildlife Service
3Elorida Fish and Wildlife Conservation Commission (formerly
Florida Game and Freshwater Fish Commission)
4Listed under other species reviews.
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HOMI Of PWCAN lS1AND
eit of Sebastian, Florida
Subject: Amendments to the Construction
Services Award for the Historical Rehabilitation
of the Old Sebastian Elementary School
Bull . g.
Agenda No. 0 I). l2. 1
mittal by: City Manager
Department Origin: Ci~ Manager
Finance Director: ~..,; ~
City Clerk:
City Attorney:
Date Submitted: July 12,2006
For Agenda of: July 26,2006
its:
1. Old Sebastian Elementary Historic Rehabilitation Construction Services Agreement
2. Amendment One to the Construction Services Agreement
3. Amendment Two to the Constrnction Services Agreement
EXPENDITURE
REQUIRED: $7,000
AMOUNT
BUDGETED: $0
APPROPRIATION
REQUIRED: $7,000
FUNDING SOURCE:
Series 2003 DST
Revenue Bonds
Interest Eamin
mSTORY
On May 10th, 2006, City Council authorized the construction services award for ,the historical rehabilitation of
the Old Sebastian Elementary School Building, to E & D Contracting Services, Inc. in the amount of
$854,360.00.
On May 15th, 2006, the bid documents, the construction services agreement with Addendums #1 & #2, along
with all drawings and specifications were forwarded to the Florida Department of State, Bureau of Historic
Preservation for final approval.
In reviewing the drawings and specifications by David Ferro, of the Department of State, it was discovered that
by installing carpet in the first floor corridor, it represented a significant departure from the scope of work.
indicated in the grant application previously approved. The flooring in this area had to match the original wood
flooring. We then contacted E & D Contracting Services, Inc. and a price of $7,000.00 was added to the
contract price to refinish the hardwood floors and install a wood base, to satisfy the requirement. Hence,
Amendment number one is attached for your consideration.
Amendment number two was necessary to include the performance bond requirement, which, though required in
the bid and is included in the price, was omitted from the original construction services agreement.
The compensation for the construction services agreement has been amended to $861,360.00.
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Following is a breakdown of the Old Sebastian Elementary Historic Rehabilitation project funding:
Revenue Sources
Discretionary Sales Tax
Series 2003 Discretionary Sales Tax Revenue Bonds
Department of State Historical Grant
Interest Earnings
Unallocated interest earnings
T ota! revenue available
Amount
$200,000
$341,315
$250,000
$122,980
$ 22.621
$936,916
Project Costs
John Dean Architect
E & D Contracting Services
Administrative Expenditures
T ota! project costs and current budget
$ 47,666
$861,360
$ 2.952
$911,978
Estimated revenue over expenditures
24.938
RECOMMENDED ACTION
Move to approve execution of Amendments one and two, to include the use of interest earnings from the
Series 2003 Discretionary Sales Tax Revenue Bonds to fund the additional $7,000.00.
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OLD SEBASTIAN ELEMENTARY HISTORIC REHA;BILITATION
CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT made this R day of ~U L \/ , 2006, by and
I
between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida,
1225 Main Street, Sebastian, Florida, 32958, ("City") and
];e. 0 (' "/)LJ\~~~ ~".olc.es) \,L)c--. ("Contractor"), sets forth that
WHEREAS, the City desires to engage a Contractor who has special and unique
competence and experience in constructing parking lot improvements; and
WHEREAS, the Contractor represents that it has such competence and
experience in providing these services; and
WHEREAS, the City in reliance on such representation has selected the
Contractor in accordance with the requirements of law; and.
WHEREAS, the City and the Contractor desire to reduce to writing their
understanding and agreements on such;
IT IS, THEREFORE, AGREED as follows: .
1. TERM. This Agreement shall commence on the day it is executed by both
parties and the term of the Agreement shall extend until the obligations hereunder are
completed.
2. AGREEMENT DOCUMENTS. The Agreement Documents (also
called CONTRACT DOCUMENTS) consist of this Agreement, Request for Proposal,
Construction Drawings, Technical Specifications, the Grant Agreement attached as
Exhibit "A", Work Orders, Change Orders, Addendum #1 & #2, any other documents
listed in the Agreement Documents, and written modifications issued after execution of
this Agreement, if any.
(a) Intent. The Technical Specifications and Construction Drawings
are an integrated part of the Contract Documents and_as such will not stand alone if used
independently. The Technical Specifications and Construction Drawings establish
minimum standards of quality for this Project. They do not purport to cover all details of
performing the Work. The intent of the Agreement Documents is to set forth
requirements of performance, type of equipment and structures, and
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standards of @
materials and construction. Contractor shall otherwise devise the means of installing the
specified improvements. It is also intended to include all labor and materials, equipment,
and transportation necessary for the proper execution of the Work, to require new
material and equipment unless otherwise indicated, and to require complete performance
of the Work in spite of omission of specific reference to any minor component part and to
include all items necessary for the proper execution and completion of the Work by the
Contractor. Performance by the Contractor shall be required only to the extent consistent
with the Agreement Documents and reasonably inferable from them as being necessary to .
produce the intended results.
(b) Entire and Sole A~eement. Except as specifically stated herein, the
Agreement Documents constitute the entire agreement between the parties and supersede
all other agreements, representations, warranties, statements, promises, and
understandings not specifically set forth in the Agreement Documents. Neither party has
in any way relied, nor shall in any way rely, upon any oral or written agreements,
representations, warranties, statements, promises or understandings not specifically set
forth in the Agreement Documents.
( c) Amendments. The parties may modify this Agreement at any time by
written agreement. Neither the Agreement Documents nor any term thereof may be
changed, waived, discharged or terminated orally, except by an instrument in writing
signed by the party against which enforcement of the change, waiver, discharge or
termination is sought.
(d) Construing Terms. This Agreement shall not be construed against the
party who drafted the same, as both parties have obtained experts of their choosing to
review the legal and business adequacy of the same. In the event of a conflict between the
terms of the Agreement Documents, primary effect shall be given first to written
modifications issued after execution of this Agreement, if any, then in descending order:
the Grant agreement, this document, the Technical Specifications and Construction
Drawings, and the remainder of said documents.
3. EMPLOYMENT OF CONTRACTOR. The City hereby agrees that it shall
engage the Contractor and the Contractor hereby agrees to perform contracting services
for City in the Old Sebastian Elementary Historic Rehabilitation Project.
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4. SCOPE OF WORK AND RELATED DATA. The intent of the
Construction Drawings, Technical Specifications and other Contract Documents is that
the Contractor furnishes all labor and materials, equipment, supervision and
transportation necessary for the proper execution of the Work unless specifically noted
otherwise. The Contractor shall do all the work described in the Construction Drawings,
Technical Specifications and other Contract Documents, and all incidental work
considered necessary to substantially complete the Work ready for use or operation in a
manner acceptable to the City.
Any discrepancies found between the Construction Drawings, Technical
Specifications and site conditions, or any errors or omissions in the same shall be
immediately reported to the City. The City shall promptly determine the validity and
seriousness of the claimed condition and correct any such error or omission in writing, or
otherwise direct Contractor. Any work done by the Contractor after his discovery of such
discrepancies, errors or omissions shall be done at the Contractor's risk.
Any correction of errors or omissions in the Construction Drawings and Technical
Specifications may be made by the City when such correction is necessary for the proper
fulfillment of their intention as construed by City. Where said correction of errors or
omissions, except as provided in the next paragraph below, adds to the amount of work to
be done by the Contractor, compensation for said additional work shall be negotiated
between the parties and must be issued as a written change order before any such
additional work is performed or no additional compensation shall be made.
The fact that specific mention of any part of work is omitted in the Construction
Drawings and Technical Specifications, whether intentionally or otherwise, when the
same is usually and customarily required to complete fully such work as is specified
herein, will not entitle the Contractor to consideration in the matter of any claim for extra
compensation, but the said work must be installed or done the same as if called for by the
Construction Drawings and Technical Specifications. All work and material usual and
necessary to make the Work complete in all its parts, whether or not they are indicated or
mentioned in Construction Drawings and Technical Specifications, shall be furnished and
executed the same as if they were called for by the Construction Drawings and Technical
Specifications. The Contractor will not be allowed to take advantage of any errors or
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omissions in the Construction Drawings and Technical Specifications. The City will
provide full information when errors or omissions are discovered.
5. COMPENSATION. The City will pay the Contractor the fixed sum amount
of $ for performance of the Work hereunder. Contractor shall submit
monthly invoices to the Project Manager reflecting the percentage of the total project
completed in said billing period and the pro-rata amount of the contract price due
accordingly. Upon approval of the invoice by the Project Manager, City shall pay said
invoice less ten (10%) percent retainage in accordance with industry standards.
Claims. Claims arising from changes or revisions made by the Contractor
at the City's request shall be presented to the City before work starts on the changes or
revisions. If the Contractor deems that extra compensation is due for work not covered
herein, or in Supplemental Agreement, the Contractor shall notify the City in writing of
its intention to make claim for extra compensation before work begins on which the claim
is based. If such notification is not given and the City is not afforded by the Contractor a
method acceptable to the City for keeping strict account of actual cost, then the
Contractor thereby waives its request for such extra compensation. The City is not
obligated to pay the Contractor if the City is not notified as described above. The
Contractor. may refuse to perform additional work requested by the City until an
appropriate agreement is executed by the parties. Any such subsequent agreement shall
be inclusive of all claimed compensation and expenses related to the additional work,
including claims for delay or acceleration. Such notice by the Contractor and the fact that
the City has kept account of the costs as aforesaid shall not in any way be construed as
proving the validity of the claim.
6. RELEASES. When it is determined, as a result of a joint inspection of the
Work by the Contractor, City, and Project Manager that the Work has been completed in
accordance with the terms of the Contract Documents, the Project Manager shall certify
completion of the Work to the City. At that time, the Contractor may submit the
Contractor's final request for payment. Prior to final payment, the Contractor shall
execute and deliver to the City a Contractor's Affidavit and Release of Claim for all
claims against the City arising under or by virtue of the work order. Also, each request
for payment must have a Claimant's Sworn Statement of Account, executed by the
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supplier or subcontractor, attached from each supplier or subcontractor who has notified
the City of his right to file a Claim (Notice to City) or who is listed in the Contractor's
Affidavit and Release of Claim as an unpaid potential Claimant.
7. PROJECT SCHEDULES The Contractor shall perform the services outlined
under Paragraph 3 of this Agreement in a timely manner that will achieve satisfactory
completion of the Project ready for use within 270 days. No extension of time shall be
valid unless given in writing by the City.
A delay beyond the Contractor's control occasioned by an "Act of God" shall
entitle the Contractor to an extension of time in which to complete the Work as
determined by the City provided, however, the Contractor shall immediately give written
notice to the City of the cause of such delay. The words "Act of God" mean an
earthquake, flood, hurricane (or other named tropical event including enumerated tropical
depressions), tornado or other cataclysmic phenomenon of nature. Time extensions shall
be the exclusive remedy for any claimed damages originating from such delays. Rain,
Wind or other natural phenomenon (including tropical waves) of normal intensity for the
locality shall not be construed as an Act of God, and no extensions or claims for delay
damages may be based upon the same.
The City shall have the authority to suspend the Work wholly or in part, for such
periods as may be deemed necessary and for whatever cause, by serving written notice of
suspension to the Contractor. In the event that the Project Manager shall become aware of
any condition that may be cause for suspension of the Work, the Project Manager shall
immediately advise the City of such condition. The Contractor shall not suspend
operations under the provisions of this Paragraph without the City's permission. In the
event that the City suspends the Work, the Contractor shall be granted an extension of
time to complete the Work for as many calendar days as the Work was suspended;
except, however, that the Contractor will not be granted an extension of time to complete
the Work if the suspension was caused by a fault of the Contractor.
8. TERMINATION OF CONTRACT WITHOUT CAUSE. This Agreement may
be terminated by the City without cause provided at least five (5) days written notice of
such tennination shall be given to the Contractor. In the event the City without cause
abandons, terminates or suspends this Agreement for greater than thirty days, the
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Contractor shall be compensated for services rendered up to the time of such termination
on a quantum meruit basis and any work done by the Contractor shall remain the property
of the City.
9. CITY'S PROJECT MANAGER. City shall designate a Project Manager. All
work done shall be subject to the review of the Project Manager mid City. Any and all
technical questions which may arise as to the quality and acceptability of materials
furnished, work performed, or work to be performed, interpretation of the Construction
Drawings and Technical Specifications, and all technical questions as to the acceptable
fulfillment of the Contract on the part of the Contractor, shall be referred to the Project
Manager, who will resolve such questions.
All materials and each part of the Work shall be subject at all times to
. construction review by the Project Manager and the City. Such construction review may
include shop inspection, and any material furnished under the Construction Drawings and
Technical Specifications is subject to such inspection. The Project Manager and the City
shall be allowed access to all parts of the Work and shall be furnished with such
information and assistance by the Contractor as is required to make a complete and
detailed review. The City shall not be responsible for the acts or omissions of the
Contractor.
10. CONTRACTOR'S DUTY. Contractor shall supervise and direct the Work,
using Contractor's best skill and attention. Contractor shall be solely responsible for and
have control over construction means, methods, techniques, sequences and procedures
and for coordinating all portions of the Work under this Contract, unless the Contract
Documents give other specific instructions concerning these matters.
Unless otherwise provided in the Contract Documents, Contractor shall provide
and pay for labor, materials, equipment, tools, construction equipment and machinery,
utilities, transportation, and other facilities and services necessary for the proper
execution and completion of the Work, whether temporary or permanent and whether or
not incorporated or to be incorporated in the Work.
Unless otherwise provided in the Contract Documents, Contractor shall pay all
sales, use and other similar taxes. Contractor currently holds and shall maintain at all
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times during the term of this Contract all required federal, state and local licenses
necessary to perform the Work required under the Contract Documents.
11. PERSONNEL. The Contractor represents that it will secure at its own
expense all personnel and sub-Contractors required for services which are necessary to
perform the Work, and all persons engaged in work under the Agreement shall be
qualified to perform such services and authorized under federal, state and local laws to
perform such services. Personnel who perform services under this Agreement shall not
. be employees of the City.
All workmen must have sufficient knowledge, skill and experience to perform
properly the work assigned to them. Any foreman or workman employed by the
Contractor or subcontractors who, in the opinion of the City, does not perform his work
in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate
manner shall, at the written request of the City, be discharged from the Project
immediately and shall not be employed again in any portion of the Work without the
approval of the City.
The Contractor shall at all times be responsible for the conduct and discipline of
his employees and/or any subcontractor or persons employed by subcontractors.
12. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall be
responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the Work in accordance with the U.S. Department of Labor
Occupational Safety and Health Act and the laws of the State of Florida. This Contract
requires that the Contractor and any and all subcontractors hired by the Contractor
comply with all relevant standards of the Occupational Safety and Health Act. Failure to
comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse
the City for any fines and/or court costs arising from penalties charged to the City for
violations of OSHA committed by the Contractor or any and all subcontractors.
The Contractor shall take all reasonable precautions for the safety of, and shall
provide all reasonable protection to prevent damage, injury or loss to, all employees on
the Work and all other persons who may be affected thereby; all the work materials and
equipment to be incorporated therein, whether in storage on or off the project site, under
the care, custody or control of the con~or or any of his subcontractors; and Oth~
property on the project site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course. of construction.
The Contractor shall perform any work and shall furnish and install materials and
equipment necessary during an emergency endangering life or property. In all cases, he
shall notify the Project Manager and City of the emergency as soon as practicable, but he
shall not wait for instructions before proceeding to properly protect both life and
property .
The Contractor shall be held fully responsible for such safety and protection until
final written acceptance of the Work.
13. CONTRACTOR'S RESPONSIBILITY FOR WORK. Until acceptance of
the Work by the City, it shall be under the charge and care of the Contractor, and he shall
take every necessary precaution against injury or damage to the Work by the action of the
elements or from any other cause whatsoever, whether arising from the execution or from
the non-execution of the Work. The Contractor shall rebuild, repair, restore and make
good, without addition81 compensation, all injury or damage,to any portion of the Work
occasioned by any cause, other than the sole and active negligence of the City, before its
completion and acceptance.
Materials and equipment shall be stored so as to incur the preservation of their
quality and fitness for the Work. When considered necessary, they shall be placed on
wooden platforms or other hard clean surfaces, and not on the ground, and/or they shall
be placed under cover. Stored materials and equipment shall be located so as to facilitate
prompt inspection.
14. CLEANING UP. The Contractor shall at all times keep the premises free
from accumulation of waste materials or rubbish caused by his employees or work. At the
completion of the Work, he shall remove all his rubbish, tools, scaffolding and surplus
materials and shall leave his work "broom clean" or its equivalent, unless more exactly
specified, and shall insure that all debris and other unsightly objects are removed and
disposed of in a satisfactory manner. At no additional expense to the City, the Contractor
will restore to their original conditions or better, as nearly as practicable, those portions
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of the site not designated for alteration and all such property; structure, utilities,
landscaping, etc., disturbed or damaged during the prosecution of the Work.
The Work will be considered complete only after all debris and unused material
due to or connected with the Work have been removed and the surrounding area left in a
condition satisfactory to the City. In the event the City finds that the Contractor has not
complied in keeping the job site clean, the City may, after twenty-four (24) hours written
notice to the Contractor to correct the situation, elect to have the job site cleaned by an
independent labor force. The cost of cleaning by said independent labor force shall be
deducted from moneys due the Contractor.
15. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not
assign any interest in the work orders or this Agreement and shall not transfer any interest
in the same without the prior written consent of the City. Any sub-contracts or other
work which is performed by persons or firms other than the Contractor under this
Agreement Or any work orders shall have prior written approval of the City Manager.
Any subcontracts or outside associates or Contractors required by the Contractor in
connection with services covered by this Agreement or any work orders must be
specifically approved by the City Manager.
16. INDEMNIFICATION. The Contractor shall indemnify and save harmless
the City, its agents, subcontractors, servants, and employees from and against claims,
liability, losses, or causes of action to the extent arising from any misconduct, negligent
act, or omission of the Contractor, its agents, servants or employees in the performance of
services under this contract.
17. INTERESTS OF CITY OFFICIALS. No officers, members or employees
of the City and no members of its governing body, and no other public official of the
governing body of the locality or localities in which services for the facilities are situated
or carried out, who exercises any functions or responsibilities in the review or approval of
the undertaking or carrying out of this project, shall participate in any decision relating to
this Agreement which affects his personal interest, or have any personal or pecuniary
int~est, direct or indirect, in this Agreement or the proceeds thereof.
18. CERTIFICATION OF RESTRICTIONS ON LOBBYING. The
Contractor agrees that no Federal appropriated funds have been paid or will be paid by or
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on behalf of the Contractor to any person for influencing or attempting to influence any
officer or employee of any Federal agency, a member of Congress, an officer or
employee of Congress or an employee of a member of Congress in connection with the
awarding of any Federal contract, the making of any Federal Grant, the making of any
Federal loan, the enterin~ into of any cooperative agreement and the extension,
continuation, renewal, amendment or modification of any Federal contract, Grant, loan or
cooperative agreement.
If any funds other than Federal appropriated funds have been paid by the
Contractor to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a member of Congress, an officer or employee of
CQngress or an employee of a member of Congress in connection with any FDOT Joint
Participation Agreement, the undersigned shall complete and submit Standard Form-LLL
"Disclosure Form to Report Lobbying" in accordance with its instructions.
19. CONFLICT OF INTEREST. The Contractor covenants that he presently
has no interest and shall not acquire any interest, direct or indirect, which shall conflict in
any manner or degree with the performance of services required to be performed under
this Agreement. The Contractor further covenants that in the performance of this
Agreement, no person having any such interest shall be employed. The Contractor shall
not undertake any professional work which conflicts with his duties as the City's
Contractor without the prior written consent of the City during the term of this
Agreement. Any work where the Contractor can reasonably anticipate that it may be
called to testify as a witness against the City in any litigation or administrative
proceeding will constitute a conflict of interest under this Agreement.
20. COMPLIANCE WITH LAW. The Contractor expressly agrees to comply
with all known laws and regulations relating to providing services under this Agreement.
The failure of the Contractor to adhere to any known law or regulation pertaining to
furnishing services under this Agreement shall constitute a material breach of this
Agreement.
21. WAIVER. The waiver by the City of any of the Contractor's obligations
or duties under this Agreement shall not constitute a waiver of any other obligation or
duty of the Contractor under this Agreement.
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22. PUBLIC ENTITY CRIME The Contractor shall file a sworn statement
with the City which is Attachment I, stating whether a person or affiliate as defined in
Section 287.133 (1), Florida Statutes, has been convicted of a public entity crime
subsequent to July 1, 1989, in accordance with the provisions of Section 287.133 of the
Florida Statutes.
23. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants
that he has not employed or retained any company or person, other thana bona fide
employee working solely for the Contractor to solicit or secure this Agreement and that
he has not paid or agreed to pay any person, company, corporation, individual or firm,
other than a bona fide employee working solely for the Contractor any fee, commission,
percentage, gift or any other consideration contingent upon, or resulting from the award or
making of this Agreement. For the breach or violation of this paragraph, the City shall
have the right to terminate the Agreement without liability and, at its discretion, deduct
from the Agreement price, or otherwise recover, the full amount of such fee, commission,
percentage, gift or consideration..
24. BOND. The Contractor shall not be required to provide Bonds in the
form prescribed by State Law, and generally as shown in these Documents, for
Performance and Payment.
25. DRUG-FREE WORKPLACE. The contract documents also consist of
the "Drug-Free Workplace Form" which is in accordance with Florida Statute 287.089
and must be signed.
27. GOVERNING LAW. This Agreement shall be governed by the laws of
the State of Florida and venue for any action pursuant to the Agreement Documents shall
be in Indian River County, Florida. The parties hereto expressly waive trial by jury in
any action to enforce or otherwise resolve any dispute arising hereunder.
28. INSURANCE. The Contractor agrees to carry insurance, of the types and
subject to the limits as set forth below and maintain said insurance during the life of this
agreement:
(a) Workers' Compensation Contractor shall purchase workers'
compensation insurance as required by law.
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(b) Commercial General Liability - Contractor shall purchase Commercial
General Liability insurance with a combined single limit of at h~ast
$1,000,000.
( c) Commercial Auto Liability - Contractor shall purchase Commercial Auto
Liability insurance with a combined single limit of at least $1,000,000.
Further, Contractor shall maintain such insurance as is reasonably required to satisfy its
obligations for the Work paid for by the City but not yet accepted.
The insurance company selected shall be A + or better per the Best's Key Rating
Guide. The Contractor and the insurance company(s) shall agree to furnish the City
thirty (30) days written notice of their intent to cancel or terminate said insurance. It is
the full responsibility of the contractor to insure that all sub-contractors have full
insurance coverage as stated above.
The Contractor shall not commence the Work until he has obtained all the
. insurance required under this paragraph and certificates of such insurance have been
submitted to the City, nor shall the Contractor allow any subcontractor to commence
work on his subcontract until all insurance required has been so obtained and approved
by the City. The Contractor shall carry and maintain until acceptance of the Work,
insurance as specified herein and in such form as shall protect him and any subcontractor
performing work under this Contract, or the City from all claims and Ihibility for
damages for bodily injury, including accidental death, under this Contract, whether by
himself or any subcontractor or by anyone directly or indirectly employed by either.
The Contractor shall furnish to the City certificates of insurance in duplicate
showing proof of insurance, naming the City as additional insured parties, prior to the
start of construction as provided in the Contract.
29. GUARANTEE. The Contractor shall warrant all equipment furnished and
work performed by him for a period of one (1) year from the date of final written
acceptance of the Work by City. All equipment and material warranties or guarantees
shall be drawn in favor of the City and the originals thereof furnished to the City for
acceptance prior to final payment.
Such guarantee shall in no way limit or relieve the Contractor of liability from
subsequent claims of beach of contract due to substandard materials or workmanship, nor
(jjj)
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shall such warranty period shorten the statute of limitations for bringing a breach of
contract or other action based upon any such deficiencies.
Any materials, equipment or work which do not satisfactorily meet the
Construction Drawings and Technical Specifications may be condemned by the City by
giving a written notice to the Contractor. All condemned materials, equipment or work
shall be promptly taken out and replaced. Any defective work whether the result of poor
workmanship, use of defective materials, damaged through carelessness or from other
cause shall be removed within ten (10) days after written notice is given by the City, and
the . work shall be re-executed by the Contractor. The fact that the City may have
previously overlooked such defective work shall not constitute an acceptance of any part
of it. Should the Contractor fail to remove rejected work or materials within ten (10) days
after written notice to do so, the City may remove them and may store the materials and
equipment.
The making of the final payment by the City to the Contractor shall not relieve the
Contractor of responsibility for faulty materials or workmanship. The City shall promptly
give notice of faulty materials and workmanship and the Contractor shall promptly
replace any such defects discovered within one (1) year from the date of final written
acceptance of the Work by the City.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed, the day and year first above written.
ATTEST (SEAL):
'"
. er, III, City Manager
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Approved as to tom and lega.lltY :tor
reliance by the Citv of Sebastian only:
'f,&S;~
Rich Stringer, C' ttorney
Signed, sealed and delivered
in the presence of:
CONTRACTOR:
Name:
~W.D0--
By: 9\ 6e.. l--\. DG.G5
Its: .
'Pe.,~ \ ot;;.\S\
Name:
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-;:. t
AMENDMUT.NI1MB.IJt ONE TO AGREEMENT
BETWUN crrv OFSDlASI'IAN ANDE& DCOft"I'RACTING smVl~INC.
CONSTIWCTIONSJ:.RVICI:SIVIlTBEIIISTOBICALItDlABlLlTAllONOPTBE
OLDSBBASI'MND.rDIENTARYSCBOOL.
DATmIMY ~.2t96
1HIS AMiENDMENT made in ~ of that certain AGRF.EMENT BR'I'WEEN
mE OWNER ANDCONI'RAClUR, appmved. by CityCe.uncilOlltDe tf/4 day GfM:ay, 2006,
anddle~~by_~.ClTYOF~a~corporationof
the SlateofHomlas .f'Cit1"}and E &D~ Serrices.. ~r'E& ~ ~
lIS follows: .
1_ ~ ~ ReauiIed. AttadJment - ~ A- SPECIAL
CONDi'IlONS.OF ()~Olt A~AS lmQ1JIR1ID BY
HISTORIC PRESEltVATION GRANT AWARD AGItEEMBrr ..be ~
. '""-- .-. - . -:M..:_ ..1:_-- . L_ .~ _;I reIIirDed
tmo we; ~ sennces apeemeBt. Juu..twA<~ IS W. Uc;. -'J$U"- ~ ,. .. ,
with tne executed.~- ~ pm ofb apprDVed~
2_ ~ 8Bd Chmgem .~ofW_ UBder.Addendllm #3. AUadlment-
Exln1>>t B -"",ddeBdum t3 shaD be incorporated into 1D.e~ODservires agreement.
The dooumeat is m he signed and ~. with the exemted agm:mentand ~Ane& part
of the approved costtact.
. 3_ Alletl~U;'t,g tetmSof tile ~ as modified .Ihrough AddemBms II, #2
ami #3, tkereto, $ball remain in :fuft tome and .effect am sWI apply to die adifitional
services pafOnned hereunder. The compensation for theconstructioa ,senia:s agreement
has been amended to SBi'1368JM"
IN WITNESS WHBREOF, the parties hereto have caused these presents lObe~ed, the day
and year first above WIiuen.
Al'TFSf(SEAL):
TBECITY OF SEBASTIAN
Sally A- ~ CMC
City Clerk
By:
AI Mumer,City ~
Approved as to form and legality fur
reliance by the City of Sebastian 'only:
E & D Contracting Services, Incotporated
Br-~. -. . \4.()~
Ginger ,
President
Rich Stringer, City AtIomey
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Exhibit A
SPECIAL CONDffiONS OF OWNERICONTRACTOR
AGREEMENT AS REOOIREDBY
H).STORIC PRESERVATION GRANT AWARD AGREEMENT
project: Oti Sebastian BementaJy School Project
~ ResoorcesGtant-in-AidNo.: SC356
AgreementAmended:
DateGf~
Parties;
1. City of Sebastian
(Agreement)
(Ovmer')
2. E & D Constracting Servicp.R Tnr.. {contractor}
These Speeiat Conditions shaD suppfement and become part of the Agreement .and &haI supersede any
conflicting provistons of said Agreement
1. Equal Employment Opportunity Compliance
The Comraetor sbaI comply. with Tt1e VI of the CMI Rights Ad of 1964. Seotion 504 of the
RMabllta1ioo Ad of 1913, and Title lof tt-.e Americans with Disabiities Act of 1990 ill that: No
person in me United States at-rat; on t~g;"'unds of race, creed, cc-tor, nat~ 00gi.n, sex, ~;
. politiea1 afOOafion, beliefs. or dfsabltty be subject to discrimtnaoo..'1 under any program w activity
Which me Contractor has agre.edto undertake ):)yand through me covenants ana provisions set lOlu!
in this Agreement.
2. Auess to Records
TbeCOiwacwr ~iilii -keep ,Ot.~ ~~-saL~t~~ fi;}a.id~_trr.;olcef a.-n:1 em~+~im~nt re.~ ~frnng to ~$
wnu-actUal -Googatirn. betwean. ~tG ~Gt-:~es rei ;.n.i;-all'dH ana ?w<<:rst-audi! pL!fpo-:~S 'for 3 _p~rlOO of m~
years f~ .me GOmj)ieiion of aU f;i'~ wc(~ iji ii~ a.t! ctah-r-iS ami ~\~ft fmd$ m'!-':>.tving these
records have been received. whichever is iater. TtJe O.r.T.~r. ft.-e FloridaDep&"tir~'1t of State. crarr;
of their dtdy authorized represeJ'ltatives shaii nave access tv afij' books.. doc~-ents. pa}:.ers and
records of the Contractor which aredirecfiy ~ ro U"~Agf~me4{. for b.....e purp-ose of making
audJt. ~exceipiS. and uaftSCt..!..ption..
.3.
;;.-= ___~__-! !.!. .~.. .,.'" _'J_L._ .;....~,,. .......1.
vVVU,uaIU'-I.: Fwfti--.,,;:;;"ftGAC:;;- n:;"&,
11:-e Contractor ~r.-d gfl St..!bccmractQf$ $hall comply wit..h the C".()peland ..Anti-Kjd{~ Act 18 use
874 as per \t'~ ~L'irements ncred in Special Pro\Jfskms Sectrnn 1600, Pa~aph 1.tEt
By
t;;~o Co~L'Y,", ~e,\IIC~j\.Pc....
Cc~ntractc-~ \.
'Zoo' ~,I,\ 0 ~fZ,. LbP~ t:,L\I.o.
Addi~
~b.P~%~U4't::> 3\405
By ,~>- ~. lk~
Date
City of Sebastian
Owner
1225 Main Street
Addtess
Sepastian. Florida 32958
Date
Page 1 of 1
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~11AN
~~
_ OJ fEUCAN 15UND
EXHIBIT B
ADDENBlJMfB
JIistorieaI :aebblUtafiola of d1e OW SehstiaB Elemmtal'Y School
Ardlitedt5 Pmjedaet3-t41
1 page
Date: l4.ay 19t 2006
To; E&D~Semces,mc.
This Mdemfum 113 hereby becomes part of 1heC<JDS~ft Serriees A,gr~ approved by
tbeCityof Sebastian. City ComleihmMay ltf"~2006 . .
ADDENDUMMF..ssAG1:
CLARIDCATIONS AND CHANGES IN SCOPE
I. Ciarificatiolt of ~ 1I1~ Item fl.J. New.wirmg, outlets aDd ~ shall be
concealed whereVer~
2. Cleriti~ of A~ In, Item flU~.The mwceiling finish shaH mateR the tcx1ure
of the miginat plaster.
3. Change of scope of Addendum #1. Item #23. Delete .carpetand:cove base at lit floor
entryway and haJt,.and change to demQ plywood, refmish hardwood ftoorsand instau
\vood base to rnat.cn existIng base Qn. second~. ContraetQr shan be p3Jd an amount
nut tu ex~ed S2ven tboosand doHars aI"A zero ceitts (S1,OOO.QO),
4. Cfarme~jvr. of inte....ior r floor sta..1rwcll raillng requirement. Conuactor to build curb
\.ffih Hke mai>~a~ lh-m finish to raise the two (2} existing railings to the 42" height
requirement. .
5. AIL 0T.l.1ER TER."1S AND CO}('DmONS REMAIN THE SAME.
6. Thispiige llWSt k Fe..'OUi;mi~KilliiidsigJi~, as a~wkdgenumt ef reeeipt, with th~
e~ COIltraet.
By, 4p~')eJ>-..
iw.L fill WJi
Debra Kmeger, . ssistan(J'inance D1rcctor
- 1 -Addendum #3 - E & D Contracting Services
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AMENDMENT NUMBER TWO TO AGREEMENT
BETWEEN OTY OF SEBASTIAN AND 'E &: D CON1'RACl1NG SERVICES, INC.
. CONSTRUCTION SJ:RVlCES FOR THE HISTORICAL REHABILITATION OF THE
OLD SEBASTIAN ELEl'dENTARY SCHOOL.
DATED MAY 1',1006
nus AMENDMENT made in modification .of that certain AGREEMENT BETWEEN
THE OWNER. AND CONTRACTO~ approved by City Council on the 1011I day of May, 2006.
and the addenda thereto. by arid between the CITY OF SEBASTIAN) a municipal corporation or
the State of Florida, ("Cjty") and E & D Con.lTacting Services. IncoJPOl'8led. ("E & D"), provides
as follows:
1. Revise Item 24. Of Construction Services A~~t - Bond - The Contractor
lUll provide Bonds in the form prescribed by State law, for Performance and Payment:,
each in the amount of 100% of the tota1 contraCt amount. .
2. All remaining terms of the Agreement, as modified through Addendums #1, #2
and #3, and Amendments Dumber one, thereto, shall remain in full force and effect. The
compensation for the con.~on: services agreement remains S 861.360.GO.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be exec11ted, the day
and year first above written.
~.
AITEST (SEAL):
Approved as to form and legality for
feU by the City of Sebastian only:
tl
E " D Contracting Services. Incorporated
By: -~~ 8. ()=--:>
Ginger
President
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HOMl OJ' PWCAN JSLANl)
City of Sebastian
1225 Main Street
. Sebastian, Florida 32958
Subject: Resolution No. R-06-17-
Support for Construction of New Middle
School on 66th Avenue
Agenda No: 0 (P . II (p
Department Origin: City Clerk for
Council
City Attorney:
Date Submitted: 7/20/06
For Agenda of: 7/26/06
Exhibits: R-06-17
SUMMARY STATEMENT
City Council, at it July 19, 2006 Special Meeting directed that a resolution be drafted
for consideration on July 26, 2006 supporting the construction of a new middle
school on 66th Avenue and efforts to alleviate overcrowding at Sebastian River
Middle School.
The City Attorney is attending a conference and asked that I prepare the resolution
for you. I hope it meets the spirit of Council's intent.
RECOMMENDED ACTION
Adopt Resolution No. R-06-17.
@
RESOLUTION NO. R-06-17
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
STRONGLY URGING THE INDIAN RIVER COlJNTY SCHOOL BOARD TO CONSTRUCT A
NEW MIDDLE SCHOOL ON SCHOOL DISTRICT PROPERTY ON 66TH AVENUE, AND TO
TAKE IMMEDIATE STEPS TO ALLEVIATE OVERCROWDING CONDITIONS AT
SEBASTIAN RIVER MIDDLE SCHOOL.
WHEREAS, in response to recent action by the Indian River County School Board to begin design and
construction of a new south county high school rather than address existing overcrowding problems in the
County's middle schools, the City Council of the City of Sebastian conducted a Special Meeting on July 19,
2006 to hear concerns of its constituents and invited members of the School Board; and
WHEREAS, data and information presented at the meeting, such as the six lunch periods that must
begin at 9:30 a.m. to accommodate the large number of students and need for twenty-six portables for classes
at Sebastian River Middle School, exhibited appalling conditions of severe overcrowding in middle schools
which City Council and parents believe are detrimental to the students' health, safety and welfare; and
WHEREAS, data provided also exhibited that there is no immediate need for additional high schools at
this time.
WHEREAS, City Council, on behalf of its constituents, reached a consensus to send a resolution to the
Indian River County School Board expressing a strong recommendation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA:
SECTION 1. The City Council of the City of Sebastian strongly urges the Indian River County School
Board to take action to approve the construction of a new middle school on property owned by the Indian River
County School District on 66th Avenue for completion within two years.
SECTION 2. The City Council of the City of Sebastian strongly urges the Indian River County School
Board to take immediate action necessary to alleviate severe conditions of overcrowding at the Sebastian
River Middle School to protect the health, safety and welfare of the students who attend the school.
SECTION 3. This resolution shall take effect immediately upon its passage.
The foregoing Resolution was moved for adoption by Council member . The motion was
seconded by Councilmember and, upon being put to a vote, the vote was as follows:
Mayor Nathan B. McCollum
Vice Mayor Brian S. Burkeen
Councilmember Andrea B. Coy
Councilmember Sal Neglia
Councilmember AI Paternoster
The Mayor thereupon declared this Resolution duly passed and adopted this 26th day of July, 2006.
CITY OF SEBASTIAN, FLORIDA
By:
Nathan B. McCollum, Mayor
ATTEST:
Sally A. Maio, MMC - City Clerk
Approved as to Form and Legality for
Reliance by the City of Sebastian Only:
(SEAL)
Rich Stringer - City Attorney
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HOME ..Of PELICAN ISLAND
AGENDA TRANSMITTAL
Subject:
Agenda No. Ola. I Z 7
or Submittal by:
Department Ori
Finance:
City Attorney:
City Clerk:
Airport Fuel Tank Construction
..
Date Submitted: 20 Julv 06
Exhibits: See Attached
EXPENDITURE
REQUIRED:
$240,960
AMOUNT
BUDGETED:
$252,781
APPROPRIATION
REQUIRED: $25,000
FUNDING
SOURCE:
GF Advance to
Airport
SUMMARY
For sometime, the Sebastian Airport has been working to construct an aviation fueling faCility.
The City would operate this facility and revenues generated from sales would be returned to the
Airport Enterprise Fund as a way to diversify revenue streams. Further this facility would be a
"self-serve", twenty-four hour station whereby pilots could refuel at anytime for convenience,
minimizing the need additional staff and costs for the Airport.
While much debate continues with regard to this operation, its intent is not to compete with
plivate providers. This type of fixed base operation is typical and other statewide airports have
publicly operated aviation fuel providers. Moreover, one continued demand from local pilots is
the need for fuel as they have reported that currently their needS are not being met. By being
funded for this project with grant funds, it is a sign that the FAA and FOOT agree that this service
needs to be provided in Sebastian.
In designing this facility a few key factors were considered. First the size ofthe fuel tank is
12.000 gallons. This size was selected to optimize the purchase or wholesale fuel. At this size
(and at full operation), staff anticipates one fill up a month, totaling 144,000 gallons of fuel being
sold annually. While each sale will vary in the amount of fuel sold, it would require 8 sales of 50
gallons per day to empty a 12,000-gallon tank. Remembertoo, Sebastian has about 80 aircraft
located on the field. Another consideration was retail price. While we have not fixed a retail
price, the goal is to set fuel prices to SOlVe primarily local traffic. Cash supplements are avauab@
via the -General Fund Advance to Airport Capital Projects Reserve- fund and $ 161,500 has been
established in the FY 07 Budget to serve as -seed- money for initial fuel costs. A third design
consideration was placing the tank away from the fueling area, It is anticipated that the tank wilt
be located on the south side of the Police Evidence Compound. While this design increased
project costs, it provides several beneficial factors making it worthy of the additional expense
such as (1) safety, (2) room for future expansion; and, (3) aesthetics.
Finally in summarizing this project, it is also necessary to bring Council up to date on the
procurement process of the fueling facility. The project was initially advertised January 8, 2006,
with a bid opening for February 2200. The project contained the fuel tank as a base bid and .
included off-site piping for Alternate 1; a Wash rack for Alternate 2; and, Ramp Ughtingfor
Alternate 3. For this advertisement, we had no bidders. The main reason given by potential
bidders was that they were extremely busy at the time, and they were unable to find a team of
qualified contractors to work together do the fuel storage, plumbing and electrical work.
Between advertisements, staff worked with our retained engineers (The LPA Group) to
secure/reallocate more funding and r~packages the bid documents to make it more appealing to
bidders. Also, he project scope was reduced by removing the wash rack.
The second advertisement was ready for bid on March 10th, with a bid opening scheduled for
April1Sth. This time the project folded the off-site piping Into the base bid. However, two
alternatives were considered; those being additional empty conduit for future gas tanks or brand
variety - Alternative 1 and ramp lighting - Alternative 2. The single bidder was Glasgow
Equipment Service Company (West Palm Beach, Florida). Their base bid price was $294,727,
which exceeded the City's original budget of $200,000. Through negotiation with the apparent
low bidder, several items were eliminated from the bid, including Alternate 1 which (can be done
by the City of Sebastian crews for a fraction of the price), and the actual fuel for testing (can be
purchased by the City at a later date, used for testing, and then sold for use in aircraft). Through
this negotiation, the actual construction cost was reduced to $240,960, meeting the City's budget.
However, to meet the budget figure of $240,960, a few financial blocks had been shifted. Initially,
the FOOT awarded a $160,00 grant to the City for the Fuel project. This was an SO% /20%
grant. When the initial procurement process for this bid came in high, as mentioned above, the
scope was changed and money was shifted. At the June 14th Regular Meeting, Council approved
two motions that shifted $125,000 from the $250,000 -Purchase Land Grant- to the -Fuel Project-
grant. The revised budget and funding sources for this project are as follows:
OOOlnal Budaet
$ 200,000
FOOT Grant Discretionary Sales Tax
$ 160,000 $ 40,000
Revised Budaet
$ 325,000
FOOT Grant Discretionary Sales Tax
$ 260,000 $ 40,000
GF Advance Reserve
$25,000
For your infonnation, engineering costs for this project are $47,219, bringing the total current
project expenditures to $288,179, with a remaining balance of $36,821.
RECOMMENDED ~CTION
Staff recommends award of the fuel tank construction project to the Glasgow Equipment Service
Company in an amount of $240,960.
~.l2
l~'
.Jul 20 06 05:08p
THE LPA GROUP INCORPORATE 407 306 0460
p.7
QUOTATION No. S-0916 A
QUOTATION & CONTRACT
For Installation or Service
DATE: MAY 16,2006
PAGE_I_OF _1_
GLASGOW EQUIPMENT SERVICE, INC.
P.O. BOX 10087
RIVIERA BEACH, FLORIDA 33419-0087
PHONE (561) 842-7236 '" FAX (561) 842-7402
CITY OF SEBASTIAN
1225 MAIN STREET
SEBASTIAN, FL 32958
RE: AIRPORT
;
IN RESPONSE TO YOUR IKQUIRY. WE SUBMlTTHEFOLLOWING QUOTATION:
PROVIDE LABOR, EQUIPMENT AND MATERIALS TO INSTALL A 12,000 ABOVEGROUND A VGAS FUEL STORAGE
TANK INCLUDING:
. SUBMIT PERFORMANCE AND PAYMENT BOND.
. PREP ARE ENGINEERED ORA WIN"GS AND OBTAlN REQUIRED PERMITS.
. BARRICADE wo~ AREA.
. SAWCUT fBREAKOUT ASPHALT AND PREPARE AREA FOR CONCRETE SLAB
. FURNISH AND POUR STEEL REINFORCED CONCRETE SLAB FOR TANK.
. FURNISH AND INSTALL CONCRETE REINFORCED STEEL BOLLARDS AROUND TANK SLAB.
. FURNISff CRANE. OFFLOAD AND SET ONE (1) H,OOO GALLON DOU"BLE,"VALL UL-142 ABOVEGROUND
"FUEL S.TORAGE. TANK..
. FURNISH/INSTALL ALLREQU1RED VENTS, VALVES. SOLENOID VALVE, TANK FITTINGS, EMERGENCY
VENTS AND GORMAN RUPP FILL PUMP \VITH VELCON FILTER VESSEL. TANK ALSO INCLUDES HAND
PUMP, EXPLOSlON PROOF MOTOR STARTER AND ALLOTHER ACCESSORIES FOR 200 GPM FILL,
. FURNISH AND JNSTALL DOUBLEWALL FIBERGLASS PIPING,
. FURNISH AND INSTALL A VGAS CABINET W1TH I" X 75' OF HOSE AND REEL. ONE (l) OPW 295 SA NOZZLE,
VELCON FlL TER AND STATIC REEL.
. FURNISH AND INSTALL APPLIED TECRNOl.OGl' CREVlT CARD READER SYSTEM WITH M-3000 PLUS
'tERMINA.L.
. PROVIDE ALL REQUIRED TESTING, STARTUP AND INSPECTIONS
TOTAL BIDPRfCE:
CONDITIONS AND CLARIFICATIONS:
-QUO'TE GOOD FOR THIRTY (30) DAYS
-SALES TAX NOT INCLUDED
-FUEL NOT INCLUDED
-NOT RESPONSIBLE FOR U~'FORESEEN CONDITIONS OR OBSTRUCTIONS
-NO OTHER WORK INCLUDED OTHER THAN SPECWlED
-TNST ALL>\ TION CERTlFJCA TION &. PROOF OF PROPER OPERATION OF ALL EQUlPMENT WILL BE PROVIDED AT
COMPLETION OF PROJECT. AS-BUlL T DRAWINGS. INSTALLATION AND OPERATION INSTRUCTIONS ALONG
WITH TANK CHARTS WILL BE PROVIDED AT COMPLETION AND ACCEPTANCE OF PROJECT.
-DUE TO iNDUSTRY VOLA TILITI' FOR CARBON STEEL AND FUELL, THE PRICING OFFERED IN THIS QUOTATION
IS SUBJECT TO REV1EW AT THE TIME OF ORDER PLACEMENT. MATERIAL PRJCING WILL BE SUBJECT TO
ADJUSThfENT. WITHOUT MARKUP, BASED UPON INCREASES OCCURRING BETWEEN THE DATE OF
QUOTATION AND THE TIME OF ORDER PLACEMENT.
$ 24Q,960.00
PAYMENT TERMS: PURCHASE ORDER, PROGRESS PAYMENTS
THANK YOU FOR THE OPPORTUNITY TO BE OF SERVICE. FEEL FREE TO CALL WITH ANY QUESTIONS.
SINCERELY,
JEFFRY M. PELEO
ACCEPTAl'\CE": This quotation wilen accepted by the customer, and COlJlltcrsigned by the authorized rcpresc:ntntive of GLASGOW EQUiPME~T SERVICE, INC.. willClmstitu
a bOlla fide contract between the parties, subject to all items and conditions on the l'CIlCrsC side of the fuel quotation & contract. It is expressly agreed that tllcrc are no promises.
agreements. l)r understanding, oral or written, not specified in this qllollltion.
Customer
In ow E ui m' t Service Inc.
Authorized
Al1thnri7Cc\
..Jul 20 OS 04:2810
G0
-~
THE LPA GROUP INCORPORATE 407 306 0460
p.8
ATIACHMENT 5 (pRICE PROPOSAL)
PROJECT LOCATJONIDESCRIPTION: Sebastian Munlcloal AirDOrt. Sebastiy Florida. Aviation
S~rve F"cl Fadlitv
Liquidated Damages shall be assessed in the amount of $2S0/calendar day fot'days in excess of
120 Calendar Days for Construction and substantial completion. 30 for punch-out.
Item Descril>tion Unit Quantity Price
Fuel Tank. Vending and LS
Dispensing System $210,280.00
Remote Piping LF 550 $ 74,447.00
Spare Sleeves~ 12" PVC LF 150 $ 10,000.00
Base Bid Price $294,727.00
Additive Bid 1: Fuel Lighting LS 1 N/A
Additive Bid 1 Price 0.00
TOTAL BASE BID PRICE WRITTEN OUT:
$ Two Hundred Ninety Four Thousand Seven Hundred Twenty Seven and 00/:
TOTAL ADDITIVE BID 1 PRICE WRrrTEN OUT:
$ ZERO
Prooosal Security
The undersigned acknowledges that it has included with its Proposal the required Proposal Security for
not less than five percent (.)1710) offlie total amount of its Proposal.
Acceotancc of Pronosal
The Bidder understands and agrees that the Owner reserves the right to accept or reject any or all
proposals submi\tedwithin one-hundred twenty (120) calendar day!!:from date of price proposal opening.
Bi~ 8grtt:3 that i\ will o()\ withdnw its Proposal rOT said ~od oft1me.
The Bidder understands and agrees that the Owner reserv~ the right to accept or reject any or all
alternates, wi'thout regard to tne listed order.
Addenda
It is agreed that the undeJ'Signed has received all addenda complete as issued by the Owner and that
related costs arc included in the proposal submitted. The undersigned acknowledges receipt of said
addenda as fullows:
Addendum # 1 dated 4/17/06
Addendum #
dated
Aircraft SclftFueling Facility
Bid Documents
March I<1. 2006
Page 31
City of Sebastian, Florida
OFFICE OF THE crn' ATfORNE1r'
AGENDA TRANSMITTAL
Agenda No. ~
Subject: Overgrown lots as nuisance;
Ordinance 0-06- 07
Date Submitted: 7/19/06
For Agenda of: 7/26/06
SUMMARY:
Attached is back-up material from the two times during my tenure that proposed action has been
considered on the issue of overgrown lots. This is a complex issue that had been addressed many
times through the years without a suitable solution
The draft ordinance attempts to balance paramount concerns for the enjoyment of property and
safety of our residents with the reasonable burdens to be placed upon vacant landowners.
REVIEWED BY CITY CLERK:
AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER:
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ORDINANCE NO. 0-06- 07
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY
CODE SECTION 66-3 TO DEFINE OVERGROWN LOTS NEXT TO HOMES AS
A NUISANCE; PROVIDING FOR CONFLICTS, SEVERABILITY AND
EFFECTIVE DATE.
WHEREAS, as more platted lots in Sebastian have been improved, the effects of
vegetative overgrowth on vacant lots have become an increased nuisance to the residents of the
City from the standpoint of both fire safety and maintenance along boundaries; and
WHEREAS, it is in the public interest to utilize the nuisance abatement provisions of the
Code to address this problem;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. AMENDMENT. That section 66-3 of the Code of Ordinances, City of
Sebastian, Florida, is hereby amended to add a subsection (13) to read as follows:
Sec. 66-3. Illustrative enumeration.
*
*
*
*
*
(13) Non-native trees, as well as an overgrowth of vegetation such as brush,
vines or weeds, within twenty feet of the lot line of an unimproved property where said lot
line abuts a parcel improved with a residential structure.
Section 2.
Section 3.
CONFLICT. All code provisions in conflict herewith are repealed.
SEVERABILITY. In the event a court of competent jurisdiction shall
determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be
affected and it shall be presumed that the City did not intend to enact such invalid provision. It
shall further be assumed that the City would have enacted the remainder of this Ordinance
without said invalid provision, thereby causing the same to remain in full force and effect.
Section 4.
EFFECTIVE DATE. This Ordinance shall be effective upon passage.
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:
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Mayor Nathan McCollum
Vice-Mayor Brian Burkeen
Councilmember Andrea Coy
Councilmember Sal Neglia
Councilmember Al Paternoster
The Mayor thereupon declared this Ordinance duly passed and adopted this _ day of
, 2006.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Mayor
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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HOME Of PELICAN ISlAND
1225 Main Street
Sebastian, Florida 32958
Subject: Meeting Schedule for
November an December 2006
Agenda No: 0(0.12 %
Department Origin: City Clerk ~
City Attorney:
Date Submitted: 7/17/06
Submittal by:
For Agenda of: 7/26/06
Exhibits: November and December calendars
Expenditure Required:
Amount Budgeted:
Appropriation Reqt,Jired:
SUMMARY STATEMENT
Each year for the past several years, the City Council adjusts its meeting
schedules for November and December to accommodate holiday schedules.
I have already received inquiries about 2007 candidate packets, and since
finalizing the schedule for the election requires inclusion of the date in December
on which the election proclamation is read and election resolution is adopted, I
need to know what dates you will meet in December.
Regularly scheduled dates for November meetings are the 8th and 22nd and City
Hall is closed on November 23rd and 24th. Regularly scheduled dates for
December meetings are the 13th and 27th. City Hall is closed on December 25th
and 26th.
Please review the calendars and schedule your November and December
meetings accordingly.
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N oveDlber
Sun
Man
Tue
Wed
1
Thu
2
PLANNING &
ZONING
COMM.
Fri Sat
3 4
5
6
TREE BOARD
7
ENVIRON-
MENTAL
COMMITTEE
8
REGULARL Y
SCHEDULED
COUNCIL
MEETING
9
10 11
HOLIDAY
VETERANS DAY
CITY HALL
CLOSED
12
13
14
CONSTR. BD.
15
16
PLANNING &
ZONING
COMM.
17 18
19 20 21 22 23 24 25
MCCOLLUM REGULARL Y HOLIDAY HOLIDAY
FORUM SCHEDULED THANKS- CITY HALL
COUNCIL GIVING CLOSED
MEETING CITY HALL
CLOSED
26
27
PARKS AND
RECREATION
COMMITTEE
28
PATERNOSTER
FORUM
29
30
mmI
DeceDlber
Sun
Man
Tue
Wed
Thu
Fri
1
Sat
2
3
4
TREE BOARD
5
ENVIRON-
MENTAL
COMMITTEE
6
7
PLANNING &
ZONING
8
9
10
11
12
CONSTR. BD.
13
REGULARLY
SCHEDULED
COUNCIL
MEETING
14
15
16
17
18
19
20
21
PLANNING &
ZONING
22
23
24 25 26 27 28 29 30
HOLIDAY HOLIDAY REGULARLY
CHRISTMAS CITY HALL SCHEDULED
CITY HALL CLOSED COUNCIL
CLOSED MEETING
PARKS AND
RECREATION
REGULAR
SCHEDULE
31
NEW
YEARS
EVE @
DmI
HOME OF PELICAN ISlAND
AGENDA TRANSMITTAL
Subject:
Agenda No. n {C;. I 2. 0
Bell South Utility Easement
Department Ori
City Attorney:
City Clerk:
,
Date Submitted: 20 July 06
xhibits:
EXPENDITURE
REQUIRED: $0
AMOUNT BUDGETED:
$0
APPROPRIATION
REQUIRED: $0
SUMMARY
Jim Cox of Bell South has contacted the City in order to obtain a utility easement on property
owned by the City located near the southeast intersection of Caravan Terrace and Periwinkle
Drive. Currently, Bell South has communications equipment located on a concrete slab in a
drainage easement. This easement is located immediately east (and adjacent) to an
approximately one-acre tract the City owns. However, Bell South's equipment is located
immediately on the edge of a drainage ditch and its pad is beginning to collapse. Please note,
that while the equipment, in my opinion, is not in imminent danger of immediate collapse, it does
need to be shored or relocated. Hence, Bell South would like to relocate their equipment further
west and into the property the City owns to get it away from the edge of the drainage ditch.
Originally, the telephone company asked for a thirty foot by thirty-foot easement, which would be
located in the northeast corner of the City's property. While we have no immediate use for this
property, this amount of easement request would have been intrusive. Upon review of the
original request, Bell South was told that should they reduce the easement size, staff would
recommend granting the easement request to Council. However, if they wanted a larger than
required easement, staff would insist that a portion of the property be purchased.
Upon review from Bell South, the company subsequently reduced their easement request and is
now asking for a twelve by sixteen foot easement. Enclosed is a site map, which depicts the
location of this request. Please note the hatch-marked box represents the current location and
approximate size of this current facility. The open box shows the location of their request.
RECOMMENDED ACTION
Staff recommends approval of the grant of easement.
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SKETCH OF DESCRIPnON
eEUSOU\H EASEMENT
PREPARED FOR
Bru..SOO1H TELECOMWUN/CA 110NS. INC.
+ LAVENTURE &: ASSOCIA 1ES, INC-
.. PROFESSIONAL SURVEYING AND MAPPING
lS.w SE Port St. Lucie Blvd.
p~ Sf- \.~c:tco. Fronde J'W62
l..B?056 (772) 3g,g~6430 Phone (n2) 398-6426 Fax
,/
P.o.c. /
NORTHEAST
COO,NER OJ:="
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>>lIS JS NOT A SURVEY.
RE~SION DESCRlPllON
1 MODIFY EASEl/IENT TO 12' X 16'
DATE
6 27 06
~EF. JOB NO. ORAWN BY
06.0026..,.325 .JOE M.
F.8. ,PG. ALCULA lID B .
N/A RCl
DATE
-+/21/06
SCALE
'''-30'
TRACT nA.,
(PER PL.A T)
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Parcel ill # 31382500001282000000.2
Return document to:
Jim Cox
5360 NW Nassau Lane
Port S1. Lucie, FL 34983-3312
EASEMENT
For and in consideration of One dollar ($1.00) and other good and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, the undersigned owner of the premises described below, hereinafter referred to as Grantor, does hereby grant to
BELLSOUTH TELECOMMUNICATIONS, INC., a Georgia corporation, its licensees, agents successors, assigns, and allied and
associated companies, hereinafter referred to as Grantee, an easement to construct, operate, maintain, add, and/or remove a telephone
land line system of communication facility as the Grantee may from time to time require upon, over, and under a portion of the lands
described in PB 7, page 56C, Indian River County, Florida Records, that tract or parcel of land lying in Section 25, Township 31
South, Range 38 East, Indian River County, State of Florida, consisting of a parcel of land 12 ft. x 16 ft. more particularly described as
follows:
See Exhibit "A"
along with appurtenant uses in furtherance thereof including but not limited to ingress to and egress from said easement at all times; as
well as the right to clear the easement and keep it cleared of all trees, undergrowth, and other obstructions;
To have and to hold the above granted easement unto BellSouth Telecommunications, Inc., its licenses, agents, successors, assigns,
and allied and associated companies for a period of twenty-five years from the date hereof.
Grantor warrants that grantor is the true owner of record of the above described land on which the aforesaid easement is granted.
IN WITNESS, whereof, the undersigned has caused this instrument to be executed on this _day of July, 2006.
Signed, sealed, and delivered
in the presence of:
CITY OF SEBASTIAN
Owner
Sally A. Maio, MMC
City Clerk
Alfred A. Minner, III
City Manager
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
State of Florida
County of Indian River
I HEREBY CERTIFY that Alfred A. Minner, III, who is personally known to me and did not take an oath, personally appeared before
me this day of July, 2006, and acknowledged that he executed the foregoing instrument as City Manager of the City of
Sebastian, and that he was authorized to do.
WITNESS my hand and official seal in the County and State last aforesaid this _ day of July, 2006.
Notary Public
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Grantor's Address:
City Of Sebastian
1225 Main Street
Sebastian, FL 32958-4165
Grantee's Address
BellSouth Telecommunications, Inc.
3300 Okeechobee Road, Room 237
Ft. Pierce, FL 34947.
TO BE COMPLETED BY BELLSOUTH TELECOMMUNICATIONS, INC.
District Wire Center Authority
Drawing Location Plat Number R!W Number
Approval Title
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EXHIBIT "A"
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NORTHEAST
Coo.NER OF.
tRACT "B"
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S55'39'40"W
C~ . . 12.00'
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6.00'
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16.00' .
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>>lIS }S Nor A SURVEY.
"-
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REVISION DESCRIPTION
MODIFY EASEMENT TO 12' X 16'
DATE
6 27 06
SKETCH OF DESCRIP'RON
BEUSOU1l-l EASEMENT
PREPARED F'OR
BEllSOO1H TELECOMMUNICA llONS. INC.
{LAVENlURE &: ASSOCIAlES. INC-
.. PROFES5rONAL SURVEYING AND MAPPING
1840 SE Port St. Lucie B1~~
,~ $t. \.\I~ fl'l<<iGCI ~'t9,,~
La?05$ (n2) ~~6430 Phone (772) 398-6426 Fax
REF. JOB NO. ORAWN BY
06.0028...325 JOE M.
F.B.,PG. AlCULA TED B
N/A RCl
DATE
4/21/06
SCALE
''"=30'
@
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