HomeMy WebLinkAbout03-22-2023 CC AgendaSEBASTMAN
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HOME Of PELICAN ISLAND
SEBASTIAN CITY COUNCIL
REGULAR MEETING
AGENDA
WEDNESDAY, MARCH 22, 2023 — 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
OR ON THE CITY'S REBSITE
1. CALL TO ORDER
2. INVOCATION - Deacon Bob Quinnell, St. Elizabeth's Episcopal Church
3. PLEDGE OF ALLEGIANCE — Led by Council Member Dodd
4. ROLL CALL
5. AGENDA MODIFICATIONS
Modifications far additions require a unanimous vote of City Council
6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS
Presentations of proclamations, certificates and awards, and brief timely announcements by Council
and Staff. No public input or actions under this heading.
A. Proclamation - Treasure Coast Society Children of the American Revolution for
the N.S.C.A.R. National Day of Service — April 5, 2023
pgs 8-70 B. Presentation of Fiscal Year 2022 Comprehensive Annual Financial Report and
Annual City Audit by Ross Cotherman of Rehmann Robson (Transmittal, CAFR
available at: httvs://www.citvofsebastian.org/Archivc.asi)x?ADID=148; CPA
Report, Single Audit)
BriefAnnouncements:
Friday, March 24 - Chamber of Commerce Concert in the Park - Professor Pettygoode's
Mighty Flea Circus (swing -a -billy rock) - 5:30pm — 8pm
Saturday, March 25 - Sebastian River Art Club Show in Riverview Park 10am — 3pm
Friday, April 7 — Leisure Services Annual Easter Event begins at 6: 00 pm with Meet the
Easter Bunny for Photos; Easter Egg Hunt starts promptly at 7:15 p.m.; Sebastian Police
Department's Movie Night Out "Peter Rabbit " at 7: 45 pm — Riverview Park
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7. PUBLIC INPUT
The heading on Regular Meeting agendas "Public Input " provides an opportunity for individuals
to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON
THE PREPARED AGENDA. Individuals are asked to resolve matters with staff prior to
meetings. Individuals are asked to provide copies of materials for Council one week prior to the
meeting if they intend to refer to specific material. City Council will not debate an issue during
Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or
place a requested item on a future agenda.
8. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There
will be no separate discussion of consent agenda items unless a member of City Council so
requests; in which event, the item will be removed and acted upon separately. If a member of the
public wishes to provide input on a consent agenda item, he/she should request a Council
Member to remove the item for discussion prior to start of the meeting or by raising his/her hand
to be recognized.
pgs 71-83 A. Approval of Minutes — Regular Meeting — February 22, 2023
pgs 84-92 B. Approval of Minutes — Waste Management New Rates Workshops — March 6,
2023 — 1:00 pm and 5:00 pm
pgs 93-98 C. Attachment E-7 Resolution for Assistance 2023 Under the Florida Inland
Navigation District Waterways Assistance Program — North County Marine Law
Enforcement Facility (Transmittal, Resolution)
State, County and City Marine Law Enforcement agencies are seeking a safe
haven for their emergency vessels to aid in the public's health, safety, and welfare
along the navigable waterways. Current accommodations are no longer available
at no charge forcing many of the vessels to be dry docked until an emergency
arise. Existing City facilities will be altered to accommodate law enforcement
marine vessels including fencing, lighting, cameras, signage, lock boxes etc. to
provide efficient and timely emergency services to the public.
pgs 99-104 D. Attachment E-7 Resolution for Assistance 2023 Under the Florida Inland
Navigation District Waterways Assistance Program — Working Waterfront
Extension (Transmittal, Resolution)
The City of Sebastian and Fisherman's Landing Sebastian are working together to
secure necessary funding in order to expand the Working Waterfront facilities and
secure safe harbor for our commercial and aquaculture industry. Currently,
commercial fishing vessels and aquaculturalist are at risk of losing a place to
conduct business here in Sebastian and along the east coast of Florida. Many
existing marina facilities are no longer interested in accommodating commercial
fishing vessels in exchange for more lucrative and smaller space for recreational
vessels.
pgs 105-130 E. Approve Change Order #1 to True North Emergency Management in the Amount
of $5,127.50 to Close Out all Hurricane Ian Debris Removal Purchasing
Documentation (Transmittal, CO#1, Notices, Contract, Invoices)
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pgs 131-152 F. Approve Change Order #1 under the Concrete Services Agreement with A.
Thomas Construction, Inc. in the Amount of $16,800 to Close Out all 2019
Concrete Related Drainage Improvements (Transmittal, Contract, Purchase Order,
CO#1)
9. COMMITTEE REPORTS & APPOINTMENTS
City committee reports and Council Member regional committee reports. No public
input or action except for City committee member nominations and appointments under
this heading.
pgs 153-170 A. Planning and Zoning Commission (Transmittal, Applications, List, Advertisement)
Fill One Expired, Regular Member Position — New Term to Expire 2/l/26
ii. If Necessary, Fill One Alternate Member Position
10. PUBLIC HEARINGS
pgs 171-198 A. Resolution No. R-22-34 Providing for an Annexation Agreement (Transmittal,
Agreement, R-22-34)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR AN ANNEXATION AGREEMENT BETWEEN THE
CITY OF SEBASTIAN, FLORIDA, A FLORIDA MUNICIPAL CORPORATION AND
THE GRAVES BROTHERS COMPANY TO MEMORIALIZE THE PARTIES
UNDERSTANDING AND AGREEMENTS WITH RESPECT TO THE ANNEXATION
OF 2044 ACRES, MORE OR LESS, INTO THE CITY, AND WITH RESPECT TO
THE FUTURE DEVELOPMENT AND USE OF THE PROPERTY. PROVIDING FOR
CONFLICT; PROVIDING FOR RECORDING; PROVIDING FOR SCRIVENER'S
ERRORS; AND AN EFFECTIVE DATE
Procedures for legislative vublic hearings:
Mayor opens hearing
Attorney reads ordinance title
Staff presentation
Public input
Staff summation
Mayor closes hearing
Council deliberation and action
pgs 199-233 B. Re -advertised Second Reading and Public Hearing of Ordinance No. 0-22-07
Petition for Voluntary Annexation — Graves Brothers Comnanv (Transmittal,
Survey, Ex. 1 a & 1 b, Attachment A)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR
THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 2044.3 ACRES,
MORE OR LESS, LOCATED SOUTH OF THE NORTH BOUNDARY OF COUNTY
ROAD 510 ROW, WEST OF LANDS ADJACENT TO THE 74TH AVE ROW,
NORTH OF 69TH STREET ROW, AND EAST OF 90TH AVE ROW; PROVIDING
FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES
THEREOF; PROVIDING FOR INTERIM LAND USE AND ZONING
CLASSIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
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pgs 234-286 C. Re -advertised Second Reading and Public Hearing of Ordinance No. 0-22-13 -
Request for Comprehensive Plan Future Land Use Map and Text Amendment —
Graves Brothers Companv (Transmittal, 0-22-13, Staff Report, Justification
Statement, P&Z Minutes)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE
COMPREHENSIVE PLAN; AMENDING THE FUTURE LAND USE MAP BY
ESTABLISHING A LAND USE CLASSIFICATION OF MU (MIXED USE) FOR
ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF AG-1
(AGRICULTURAL) ON PROPERTY CONSISTING OF 1913.6 ACRES, MORE OR
LESS, LOCATED SOUTH OF COUNTY ROAD 510, WEST OF LANDS ADJACENT
TO 74TH, AVENUE, NORTH OF 69TH STREET, AND EAST OF 90TH AVENUE;
AMENDING THE LAND USE ELEMENT WITH SITE SPECIFIC POLICIES;
AUTHORIZING ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY AND INTERPRETATION; PROVIDING FOR
SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE AND
PROVIDING AN ADOPTION SCHEDULE.
Ouasi Judicial Public Hearines:
Mayor opens hearing
Attorney reads ordinance title
City Council Members disclose ex parte communication
City Clerk swears in those who intend to provide testimony
Applicant makes their presentation
Staff presents their findings
City Council asks questions of applicant or staff
Mayor opens the floor for anyone in favor of the request
Mayor opens the floor for anyone opposing the request
Applicant provided the opportunity to respond to issues
Staff provided opportunity to summarize request
City Council deliberation
Mayor calls for a motion
pgs 287-331 D. Ouasi-Judicial Public Hearing of Resolution R-23-06 — Request for a Special Use
Permit — Take 5 Express Car Wash — 1979 U.S. Highwav #1 (Transmittal, Staff
Report, Presentation, Minutes, R-23-06)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, APPROVING A SPECIAL USE PERMIT PURSUANT TO LAND
DEVELOPMENT CODE SECTION 54-2-3.1 FOR A CAR WASH FACILITY TO BE
LOCATED AT 1979 U.S. HIGHWAY #1 WITHIN THE RIVERFRONT OVERLAY
DISTRICT'S CR (COMMERCIAL RIVERFRONT) ZONING DISTRICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING
FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR AN EXPIRATION DATE.
11. UNFINISHED BUSINESS
12. NEW BUSINESS
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pgs 332-359 A. Waste Management Exclusive Franchise Agreement
First Reading Ordinance No. 0-23-06 — Exclusive Solid Waste Collection
Services — Set Public Hearing for April 12.2023 (Transmittal, 0-23-06)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING
AN EXCLUSIVE FRANCHISE AGREEMENT FOR RESIDENTIAL AND
COMMERCIAL SOLID WASTE COLLECTION TO WASTE
MANAGEMENT, INC.; PROVIDING PENALTIES FOR VIOLATION;
PROVIDING FOR SUNSET OF EXISTING COMMERCIAL PROVIDERS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS;
AND EFFECTIVE DATE.
pg 360 ii. Consider the Implementation of the Solid Waste Franchise Fee
(Transmittal)
pgs 361-385 B. Resolution No. R-23-08 Accepting the 1" Ouarter Financial Report and
Recognizing Necessary Amendments and Adiustments to the FY 2022-2023
Annual Budget (Transmittal, R-23-08, Report)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA RECOGNIZING CERTAIN ADJUSTMENTS TO THE BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2022 AND ENDING SEPTEMBER 30,
2023 AS PROVIDED FOR IN EXHIBIT "A'; PROVIDING FOR CONFLICTS;
PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN
EFFECTIVE DATE.
pgs 386-438 C. Approve the Piggyback Purchase of Playground Equipment for Improvements at
East Street Park and Filbert Street Park from the Manatee County School Board's
Contract #21-0053-MR and Omni Partners Co -Operative Contract #2017001134
in the Total Amount of $102,474.08 (Transmittal, Quotes, Piggyback Documents)
pgs 439-456 D. Authorize the City Manager to Notify the Florida Dept. of Transportation to
Proceed with the Textured Pattern Pavement on SR-5/1jS-1 from Harrison Street
to Davis Street for the Low Bid Amount of $476,188.50 (Transmittal, Email, R-
22-33, Minutes, Transmittal, Emails, Minutes)
pgs 457 E. Discuss Charter Officer Evaluations (Transmittal)
13. CITY ATTORNEY MATTERS
14. CITY MANAGER MATTERS
15. CITY CLERK MATTERS
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16. CITY COUNCIL MATTERS
A. Vice Mayor Nunn
B. Council Member Dixon
C. Council Member Dodd
D. Council Member McPartlan
E. Mayor Jones
17. ADJOURN (All meetings shall adjourn by 9:30 pm unless extended for up to one half
hour by a majority vote of City Council)
NO STENOGRAPHIC RECORD BY CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING
MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL,
BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING
WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105)
IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A
SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR
AT 388-8226 - ADA@CITYOFSEBAST 1AN.ORG AT LEAST 48 HOURS INADVANCE OF THIS MEETING.
Please click the link below to join the webinar: https://us02web.zoom.us/j/83253593130
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PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-21-32
Regular Citv Council Meetings
Public input is ALLOWED under the heading_ :
Consent Agenda
Public Hearings
Unfinished Business
New Business
Public Input
Public Input is NOT ALLOWED under the headings:
Proclamations, Awards, Brief Announcements (except for individuals giving or accepting
proclamations or awards);
Committee Reports and Appointments (except for committee members giving reports and
applicants being interviewed for committee appointments);
City Council Matters
Charter Officer Matters
Council may, by majority vote, call upon an individual to provide input if desired.
Workshops and Special Meetings
Public input is limited to the item on the agenda
Time Limit
Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City
Council may extend or terminate an individual's time by majority vote of Council members present.
Input Directed to Chair
Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL
DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless
answering a question of a member of City Council or City staff. Individuals shall not address City
Council after commencement of City Council deliberation on an agenda item after public input has
concluded, providing, however, the Mayor and members of City Council may recall an individual to
provide additional information or to answer questions.
Certain Remarks Prohibited
Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted
and may result in expulsion from the meeting. The Chair shall make determinations on such remarks,
subject to the repeal provisions below.
Appealing Decisions of Chair
Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of
City Council shall overrule any decision of the Chair.
Public Input Heading on Agenda
The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring
NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE
PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings.
Individuals are asked to provide copies of material for Council one week prior to the meeting if they
intend to refer to specific material. City Council will not debate an issue during Public Input but may by
consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future
agenda.
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CHU
SEB�AN
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
COUNCIL MEETING DATE: March 22, 2023
AGENDA ITEM TITLE: Presentation on the Fiscal Year 2022 Annual Audit by Ross
Cotherman from the Firm of Rehmann Robson.
RECOMMENDATION: Receive the Auditor's Briefing on the Annual City Audit.
BACKGROUND: In accordance with Florida Statutes 218.39, the City is required to
have an annual financial audit of all the City's financial records and have the Auditors express an opinion on
the Comprehensive Annual Financial Report and disclose their concerns or recommendations. The FY2022
Report can be accessed via the City's website and at the link provided below. That document contains the
Auditor's favorable opinion on the financial statements, with no concerns or recommendations for improving
our financial management. Florida Statutes 163.387(8) also requires a separate annual financial audit and
Report to be done on the Community Redevelopment Agency. There were no concerns regarding this audit.
In addition, when Federal and State grant funded expenditures exceed $750,000 during the year, we are also
required by OMB Circular A-133 to have a "Single Audit" of those records. The City exceeded that amount
in FY2022 and the Auditors did note two non-compliance items that were immaterial. These have been
addressed by Staff.
Ross Cotherman from the firm of Rehmann Robson will briefly comment on the Audit and the Report and
respond to any questions from the City Council.
If Agenda Item Reauires Expenditure of Funds:
Budgeted Amount: $51,000 for City Audit, $5,000 for CRA Audit and $5,000 for Single Audit.
Total Cost: $46,500 for City Audit, Plus $5,000 for CRA Audit.
Funds to Be Utilized: General Fund, Riverview CRA and Enterprise Funds Budgets.
Attachments:
1. FY2022 Comprehensive Report at httns:llwww.citvofsebastian.org/Archive.ast)x?ADID=148
2. FY2022 Community Redevelopment Agency Annual Financial Report.
3. FY2022 Single Audit
Administrative Service
City Attorney Review:
Procurement Division
s Departme eview:�
Re iew, ii pplic e'
i
City Manager Authorization:
Date: j !l 2
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RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY
(A COMPONENT UNIT OF THE CITY OF SEBASTIAN)
CITY OF
T
W.,
HOME OF PELICAN ISLAND
BASIC FINANCIAL STATEMENTS
For the Year Ended September 30, 2022
CITY COUNCIL
Jim Hill Fred Jones
Mayor
Ed Dodd
Council Member
Vice -Mayor
Bob McPartlan Christopher Nunn
Council Member Council Member
Prepared by: Administrative Services Department
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RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY
(A Component Unit of the City of Sebastian)
Table of Contents
Page
Independent Auditors' Report 1
Management's Discussion and Analysis 5
Basic Financial Statements
Government -wide Financial Statements:
Statement of Net Position 16
Statement of Activities 17
Fund Financial Statements:
Balance Sheet 18
Reconciliation of Fund Balance of Governmental Fund to Net Position
of Governmental Activities 19
Statement of Revenues, Expenditures, and Changes in Fund Balance 20
Reconciliation of Net Change in Fund Balance of Governmental
Fund to Change in Net Position of Governmental Activities 21
Notes to Financial Statements 23
Required Supplementary Information
Schedule of Revenues, Expenditures and Changes
in Fund Balance — Budget and Actual 32
Other Reports
Independent Auditors' Report on Internal Control over Financial
Reporting and Compliance and Other Matters Based on an
Audit of Financial Statements Performed In Accordance with
Government Auditing Standards 3S
Independent Auditors' Management Letter 37
Independent Accountants' Report Regarding Compliance Requirements
in Rules of the Auditor General 10.SS6(10)f 41
Independent Accountants' Report on Compliance with Local Government
Investment Policies 43
■osom
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Rehmann
04POW'M YOUR PURDQCF
INDEPENDENT AUDITORS' REPORT
March 7, 2023
To the Honorable Mayor and
City Council Members
City of Sebastian Riverfront Community Redevelopment Agency
Report on the Audit of the Financial Statements
Opinions
We have audited the financial statements of the governmental activities and the major fund of the City of
Sebastian Riverfront Community Redevelopment Agency (the "Agency), a blended component unit of the
City of Sebastian, Florida, as of and for the year ended September 30, 2022, and the related notes to the
financial statements, which collectively comprise the Agency's basic financial statements as listed in the
table of contents.
In our opinion, the accompanying financial statements referred to above present fairly, in all material
respects, the financial position of the governmental activities and the major fund major fund of the Agency,
as of September 30, 2022, and the respective changes in financial position thereof for the year then ended
in accordance with accounting principles generally accepted in the United States of America.
Basis for opinions
We conducted our audit in accordance with auditing standards generally accepted in the United States of
America (GAAS) and the standards applicable to financial audits contained in Government Auditing
Stondords, issued by the Comptroller General of the United States. Our responsibilities under those
standards are further described in the Independent Auditors' Responsibilities for the Audit of the Financial
Statements section of our report. We are required to be independent of the Agency and to meet our other
ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We
believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our
audit opinions.
Responsibilities of Management for the Financial Statements
Management is responsible for the preparation and fair presentation of the financial statements in
accordance with accounting principles generally accepted in the United States of America, and for the
design, implementation, and maintenance of internal control relevant to the preparation and fair
presentation of financial statements that are free from material misstatement, whether due to fraud or
error.
OHLBTHE GLOBAL ADVISORY
AND ACCOUNTING NETWORK
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In preparing the financial statements, management is required to evaluate whether there are conditions or
events, considered in the aggregate, that raise substantial doubt about the Agency's ability to continue as a
going concern for twelve months beyond the financial statement date, including any currently known
information that may raise substantial doubt shortly thereafter.
Independent Auditors' Responsibilities for the Audit of the financial Statements
Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are
free from material misstatement, whether due to fraud or error, and to issue an auditors' report that
includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance and
therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing
Standards will always detect a material misstatement when it exists. The risk of not detecting a material
misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion,
forgery, intentional omissions, misrepresentations, or the override of internal control.
Misstatements are considered material if there is a substantial likelihood that, individually or in the
aggregate, they would influence the judgment made by a reasonable user based on the financial statements.
In performing an audit in accordance with GAAS and Government Auditing Standards, we:
• exercise professional judgment and maintain professional skepticism throughout the audit.
identify and assess the risks of material misstatement of the financial statements, whether due to fraud
or error, and design and perform audit procedures responsive to those risks. Such procedures include
examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements.
obtain an understanding of internal control relevant to the audit in order to design audit procedures
that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the
effectiveness of the Agency's internal control. Accordingly, no such opinion is expressed.
evaluate the appropriateness of accounting policies used and the reasonableness of significant
accounting estimates made by management, as well as evaluate the overall presentation of the
financial statements.
conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that
raise substantial doubt about the Agency's ability to continue as a going concern for a reasonable
period of time.
We are required to communicate with those charged with governance regarding, among other matters, the
planned scope and timing of the audit, significant audit findings, and certain internal control —related
matters that we identified during the audit.
2
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Required Supplementary Information
Accounting principles generally accepted in the United States of America require that the Management's
Discussion and Analysis and, the budgetary comparisons schedule, as listed in the table of contents, be
presented to supplement the basic financial statements. Such information is the responsibility of
management and, although not a part of the basic financial statements, is required by the Governmental
Accounting Standards Board who considers it to be an essential part of financial reporting for placing the
basic financial statements in an appropriate operational, economic, or historical context. We have applied
certain limited procedures to the required supplementary information in accordance with auditing
standards generally accepted in the United States of America, which consisted of inquiries of management
about the methods of preparing the information and comparing the information for consistency with
management's responses to our inquiries, the basic financial statements, and other knowledge we obtained
during our audit of the basic financial statements. We do not express an opinion or provide any assurance
on the information because the limited procedures do not provide us with sufficient evidence to express an
opinion or provide any assurance.
Other Reporting Required by Government Auditing Standards
In accordance with Government Auditing Standards, we have also issued our report dated March 7, 2023,
on our consideration of the Agency's internal control over financial reporting and on our tests of its
compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters.
The purpose of that report is solely to describe the scope of our testing of internal control over financial
reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness
of the Agency's internal control over financial reporting or on compliance. That report is an integral part of
an audit performed in accordance with Government Auditing Standords in considering the Agency's internal
control over financial reporting and compliance.
LLG
3
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MANAGEMENT'S DISCUSSION AND ANALYSIS
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RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY
(A Component Unit of the City of Sebastian)
Management's Discussion and Analysis
The following is a discussion and analysis of the financial performance and position of Riverfront Community
Redevelopment Agency (the "Agency") for the year ended September 30, 2022. This analysis should be read
In conjunction with the independent Auditors' Report and with the financial statements, which follow this
section.
The Agency was formally established in March 1995, with the adoption of Ordinance No. 0-95-08 by the City
of Sebastian's Council. As provided for In Section 163.357, Florida Statute, the Agency is comprised of the
five (5) members of the City of Sebastian Council. In 1995, the Sebastian Riverfront Community
Redevelopment Plan was adopted, the City of Sebastian's Riverfront Community Development Agency was
adopted and the Sebastian CRA Trust Fund established. The boundary was expanded in 2003, as well as the
Redevelopment Plan to make one cohesive CRA. The Redevelopment Plan was again updated in 2010 to
document conceptual recommendations, policy amendments and capital improvements intended to meet
the CRA goals.
The primary function of the Agency, under the Redevelopment Plan, is to ensure that the downtown and
surrounding vicinity would develop with a coherent community vision, and to encourage reinvestment
within the CRA area. The City of Sebastian Council functions as the Riverfront Community Redevelopment
Agency Board and performs the legislative and governing duties and responsibilities of the Agency. The
Community Development Director performs the day to day administrative duties as Director of the Agency
under the oversight and supervision of the City Manager.
The information contained in this MD&A is only a component of the entire financial statement report. We
encourage readers to consider the information presented here in conjunction with all sections of the report,
including the notes and required supplementary information provided.
Financial Highlights
The assets of the Agency exceeded its liabilities and deferred inflows of resources at the close of the most
recent fiscal year by $2,574,762 (net position).
The Agency's total net position increased by $86,606 from the prior year.
Taxable values within the CRA area decreased 3.84% from the prior year. The City and County are required
to contribute a tax increment calculated by applying their millage rate to 95% of the increase in taxable
values from the taxable values for the base year established when the CRA was formed. As allowed by
section 163.387, Florida Statue, the County opted to apply the lessor of the two rates for the
computation. There was also a correction this year due to a large taxpayer property outside the CRA area
being incorrectly included inside the CRA area the prior year. Therefore the County tax incremental
decreased $49,531 due to applying the lower millage and the reduction in taxable values. The City tax
increment decreased $22,476 as a result of setting a lower millage and due to the same correction for the
taxpayer property outside the CRA area.
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RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY
(A Component Unit of the City of Sebastian)
Management's Discussion and Analysis
Overview of the Financial Statements
The Agency's financial statements are comprised of three major components: 1) government -wide financial
statements, 2) fund financial statements, and 3) notes to the financial statements. Each is discussed below.
This report also contains other supplementary information in addition to the basic financial statements
themselves.
Government -wide Financial Statements. The Agency's government -wide financial statements provide a
broad overview of the Agency's finances, in a manner similar to that of a private -sector entity. This section
does not discuss individual Funds, and instead, focus on Governmental Activities and are prepared using the
accrual basis of accounting. There are two statements:
Statement of Net Position. The government -wide statement of net position presents information on all
the Agency's assets, liabilities and deferred inflows of resources, with the residual being reported as net
position.
Statement of Activities. The government -wide statement of activities presents information on why the
Agency's net position changed during the fiscal year (the difference between revenues received and
expenses incurred). All changes in net position are reported as soon as an underlying event occurs,
regardless of the timing of the related cash flows. Thus, revenues and expenses are reported even if cash
is not received or paid.
The Agency's government -wide financial statements present functions of the Agency that are principally
supported by tax increment financing (governmental activities). The governmental activities of the Agency
include general government activities and economic environment. The Agency has no business -type
activities.
Fund Financial Statements. These are designed to provide readers with a more precise view of financial
activity, unlike the government -wide statements which focus on the Agency as a whole. A fund is a
collection of resources, where a grouping of related account is used to control them. They have been
segregated for a specific activity or objective. The Agency uses fund accounting to demonstrate compliance
with legal requirements and to enhance accountability. The Agency utilized only one fund for the fiscal year
ended September 30, 2022.
Government Funds. The governmental funds are used to account for the same functions reported as
governmental activities in the government -wide financial statements. However, unlike the government -
wide financial statements, governmental wide financial statements focus on short-term inflows and
outflows of spendable resources, as well as on spendable resources available at year-end. This
information is useful in evaluating the Agency's short-term financial condition.
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RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY
(A Component Unit of the City of Sebastian)
Management's Discussion and Analysis
The focus of the Fund financial statements is comparatively narrow (versus the government -wide), it is
appropriate to compare fund information to its component counterpart in the governmental activities
section of the government -wide financial statements. Doing so will assist the reader in understanding the
long-term impact of the Agency's short-term decisions. The governmental fund requires a reconciliation
because of the difference in measurement focus, which is reflected on the page following each
government fund financial statement.
Notes to the Financial Statements. The notes provide additional information that is essential to the process
of developing a complete understanding of the information presented in the government -wide and fund
financial statements.
Required Supplementary information (other than MD&A)
In addition to the basic financial statements described above, this report also presents certain required
supplementary information, including a budgetary comparison schedule. The Agency adopts a budget for its
governmental fund. Its budgetary comparison schedule has been provided with a legally adopted budget to
demonstrate compliance with the budget and provides an analysis of significant budget variances (if any).
Required supplementary information is located just after the notes to the financial statements.
Statement of Net Position
As noted earlier, net position may serve over time as a useful indicator of a government's financial position.
The Agency's total net position increased by $86,606 at the close of fiscal year ended September 30, 2022.
Cash grew by $67,144, investments increased by $9,551 and capital assets decreased by $35.
8
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RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY
(A Component Unit of the City of Sebastian)
Management's Discussion and Analysis
The following table reflects a summarized version of the Statement of Net Position, when compared to the
prior fiscal year.
Net Position
2022 2021
Assets
Current and other assets $ 680,710 $ 638,113
Capital assets, net 1,946,877 1,946,912
Total assets 2,627,587 2,585,025
Current liabilities 1,611 11,512
Deferred inflows of recourses 51,214 85,357
Net position
Investment in capital assets 1,946,877 1,946,912
Restricted 627,885 541,244
Total net position $ 2,574,762 $ 2,573,513
For more detailed information, see the Statement of Net Position.
Statement of Activities
Property tax revenue from the tax increment decreased by $72,007. The County portion of the tax -increment
revenue decreased by $49,531, due to a correction in taxable values within the CRA area and a decrease in
the millage applied to the computation. The City portion of the tax increment decreased by $22,476 due to
the correction in the taxable values and from setting a lower millage. Program revenues increased by
$43,313 because a capital contribution was received in 2022.
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RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY
(A Component Unit of the City of Sebastian)
Management's Discussion and Analysis
The following schedule compares the revenues and expenses for the current and previous fiscal year.
Changes in Net Position
2022 2021
Revenues
Program revenues
Charges for services
Capital contributions
General revenues
Property taxes
Investment income
Total revenues
Expenses
Economic environment
Totalexpenses
Change in net position, before transfers
Transfers
Change In net position
$ 36,704 $
86,358
385,665
5,813
514,540
378,362
378,362
136,178
(49,572)
86,606
Net position, beginning of year 2,488,156
Net position, end of year $ 2,574,762 $
For more detailed information, see the Statement of Activities.
36,000
43,749
457,672
1,466
538,887
341,142
341,142
197,745
(174,305)
23,440
2,464,716
2,488,156
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RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY
(A Component Unit of the City of Sebastian)
Management's Discussion and Analysis
Governmental Activities
The following is a table of the fiscal years 2022 and 2021 revenues by source for governmental activities.
Revenue by Source
2022 % 2021 %
Governmental activities - revenues
Charges for services $ 36,704 7% $ 36,000 7%
Capital contributions 86,358 17% 43,749 8%
Property taxes 385,665 75% 457,672 84%
Investment earnings 5,813 1% 1,466 1%
$ 514,540 100% $ 538,887 100%
The following is a table of the fiscal years 2022 and 2021 expenses by source for governmental activities.
2022
Governmental activities - expenses
Economic environment $ 378,362
Fund Financial Statement Analysis
Expenses by Source
% 2021
100% $ 341,142
iii
100%
As noted earlier, the Agency uses fund accounting to ensure and demonstrate compliance with finance -
related legal requirements.
Governmental Funds
The focus of the Agency's governmental funds is to provide information on near -term inflows, outflows, and
balances of spendable resources. Such information is useful in assessing the Agency's financing
requirements.
At the end of the current year, the Riverfront Community Redevelopment Agency had ending fund balance
of $627,885, an increase of $86,641 as compared to the prior year. All of the Agency's fund balance is
considered to be restricted for community redevelopment at year-end, except for $395 which is
nonspendable for prepaid items.
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RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY
(A Component Unit of the City of Sebastian)
Management's Discussion and Analysis
Budgetary Highlights
Original budget compared to final budget.
• The difference between the original and the final amended budget for appropriations (expenditures) In
the Agency was an increase of $9,951 due to there need for an engineering study on the restaurant at the
Working Water Front.
Final budget compared to actual results.
• The difference between the final amended budget for appropriations and actual expenditure and
transfers was a positive variance of $146,167. Most of the this amount was allocated for improvements to
the Working Water Front facilities and signage upgrades within the CRA area. These projects are
anticipated to be worked on next year.
Capital Assets
The Agency's investment in capital assets as of September 30, 2022, was equal to $1,946,877 (net of
accumulated depreciation). This investment in capital assets includes land and land rights, buildings,
improvements, infrastructure machinery and equipment. The net decrease in the Agency's investment in
capital assets for the fiscal year was $35. Capital assets at year-end included the following:
Capital Assets
2022 2021
Land and land rights
$ 1,102,175 $
1,102,175
Buildings and improvements
343,820
343,820
Public domain infrastructure
1,028,881
1,028,881
System infrastructure
120,681
120,681
Improvements other than buildings
10,635
10,635
Machinery, equipment and other
244,441
158,082
Subtotal
2,850,633
2,764,274
Less accumulated depreciation
903,756
817,362
Total
$ 1,946,877 $ 1,946,912
Additional information on all capital assets can be found in Note 3 of the notes to the financial statements.
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RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY
(A Component Unit of the City of Sebastian)
Management's Discussion and Analysis
Economic Factors
The City of Sebastian places significant emphasis on encouraging economic development in the downtown
redevelopment area (Agency). During the fiscal year, work continued on promoting economic activity the
CRA area in order to show case it's potential for further development. Increasing property values should
continue to help overall economic conditions and assist in furthering the vison of the City Council, which is to
have a vibrant and successful downtown area. The area now contains several retail centers, a mixed -use
facility, multiple restaurants and hotels. The City of Sebastian continues to work closely with the County to
provide an economic environment that attracts new business to our community. A focus for the coming
year will be to consider the creation of an additional event area adjoining Riverview Park which will have a
positive impact to the business district. Other efforts will include further improvements to the Working
Waterfront to enhance its attraction to the public.
Financial Contact
The Agency's financial statements are designed to present users (citizens, taxpayers, customers, investors
and creditors) with a general overview of the Agency's finances and to demonstrate the Agency's
accountability. If you have questions about the report or need additional financial information, contact the
City's Director of Administrative Services or Accounting administrator at City Hall.
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BASIC FINANCIAL STATEMENTS
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RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY
(A Component Unit of the City of Sebastian)
Statement of Net Position
September 30, 2022
Governmental
Activities
Assets
Current assets
Cash
$ 502,708
Investments
125,689
Lease receivable
51,918
Prepaid items
395
Total current assets
680,710
Noncurrent assets
Capital assets being depreciated, net 1,946,877
Total assets 2,627,587
Liabilities
Accounts payable 1,611
Deferred inflows of resources
Deferred lease amounts 51,214
Net position
Investment in capital assets 1,946,877
Restricted for Community Redevelopment Agency 627,885
Total net position $ 2,574,762
The accompanying notes are an integral part of these basic financial statements.
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RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY
(A Component Unit of the City of Sebastian)
Statement of Activities
For the Year Ended September 30, 2022
Net (Expense)
Program Revenues Revenue
Charges Capital Governmental
Functions / Programs Expenses for Services Contributions Activities
Primary government
Governmental activities:
Economic environment $ 378,362 $ 36,704 $ 86,358 $ (255,300)
General revenues:
Property taxes 385,665
Investment income 5,813
Transfers (49,572)
Total general revenues
and transfers 341,906
Change in net position 86,606
Net position, beginning of year 2,488,156
Net position ending of year $ 2,574,762
The accompanying notes are an integral part of these basic financial statements.
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RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY
(A Component Unit of the City of Sebastian)
Balance Sheet
September 30, 2022
Assets
Cash
$ 502,708
Investments
125,689
Lease receivable
51,918
Prepaid items
395
Total assets
$ 680,710
Liabilities
Accounts payable
$ 1,611
Deferred inflows of resources
Deferred lease amounts
51,214
Fund balance
Nonspendable for prepaid items 395
Restricted for:
Community Redevelopment 627,490
Total fund balances 627,885
Total liabilities, deferred inflows of resources and fund balance $ 680,710
The accompanying notes are an integral part of these basic financial statements.
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RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY
(A Component Unit of the City of Sebastian)
Reconciliation
Fund Balance of Governmental Fund
to Net Position of Governmental Activities
September 30, 2022
Fund balance - governmental fund $ 627,885
Amounts reported for governmental activities in the statement of activities are
different because:
Capital assets used in governmental activities are not financial resources
and therefore are not reported in the governmental fund.
Governmental capital assets $ 2,850,632
Less accumulated depreciation (903,755) 1,946,877
Net position of governmental activities $ 2,574,762
The accompanying notes are an integral part of these basic financial statements.
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RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY
(A Component Unit of the City of Sebastian)
Statement of Revenues, Expenditures and Changes in Fund Balance
For the Year Ended September 30, 2022
Revenues
Property taxes $ 385,665
Rental income 36,704
Investment income 5,813
Total revenues 428,182
Current expenditures
Economic environment 291,969
Excess of revenues over expenditures 136,213
Other financing uses
Transfers out to others funds of
the City of Sebastian, Florida (49,572)
Net change in fund balance
86,641
Fund balance, beginning of year
541,244
Fund balance, end of year
$ 627,885
The accompanying notes are an integral part of these basic financial statements.
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RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY
(A Component Unit of the City of Sebastian)
Reconciliation
Net Change in Fund Balance of Governmental Fund
to Change in Net Position of Governmental Activities
For the Year Ended September 30, 2022
Net change in fund balance - governmental fund
Amounts reported for governmental activities in the statement of activities are
different because:
$ 86,641
Governmental funds report capital outlays as expenditures. However, in the
statement of activities, the cost of those assets is depreciated over their
estimated useful lives.
Capital assets purchased 86,358
Less current year depreciation (86,393)
Change in net position of governmental activities $ 86,606
The accompanying notes are an integral part of these basic financial statements.
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NOTES TO FINANCIAL STATEMENTS
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RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY
(A Component Unit of the City of Sebastian)
Notes to Financial Statements
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
The City of Sebastian Riverfront Community Redevelopment Agency (the "Agency") was formally
established in March, 1995, with the adoption of Ordinance No 0-95-08 by the Sebastian City Council, as
provided for in Section 163.356, Florida Statutes. In 1995, the Riverfront Community Redevelopment Plan
was adopted and the Riverfront CRA Trust Fund was established. The boundary was expanded in 2003, as
well as the Redevelopment Plan. The Redevelopment Plan was again updated in 2010. Although legally
separate, the five (5) members of the City Council serve as the CRA Board and City management has
operational responsibility for the CRA.
The financial statements of the Agency have been prepared in conformity with generally accepted
accounting principles (GAAP) as applied to governmental units. The Governmental Accounting Standards
Board (GASB) is the accepted standard setting body for establishing governmental accounting and financial
reporting principles. The more significant of the Agency's accounting policies are described below.
Reporting Entity
There CRA has adopted GASB Statement No. 61, The Financial Reporting Entity: Omnibus - an amendment
of GASB Statements No. 14 and No. 34, for the purpose of evaluating whether it has any component units.
Based on the criteria therein, the Agency has determined that there are no component units that meet the
criteria for inclusion in the Agency's financial statements. The Board of the Agency (the Board) is governed
by the five members of the City Council. Management of the City has operational responsibility for the
Agency. The City is considered to be financially accountable for the Agency; the Agency is considered to be
a blended component unit in the City's annual comprehensive financial report.
Government -wide and Fund Financial Statements
The Agency's basic financial statements include both the government -wide (reporting the Agency as a
whole) and fund financial statements. Both the government -wide and fund financial statements categorize
primary activities as governmental.
The government -wide Statement of net position presents in columnar format the governmental activities
of the Agency and reflects, on the full accrual basis, all long-term assets and receivables as well as long-
term liabilities.
The government -wide statement of activities presents the direct cost for each functional activity and
applies program revenues to arrive at a net cost for the identified functions. There are no indirect costs for
allocation. Program revenues must be directly associated with the government function. The overall
combined net costs of governmental functions are further supported by general revenues of the Agency.
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RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY
(A Component Unit of the City of Sebastian)
Notes to Financial Statements
Separate financial statements are provided for governmental funds. A reconciliation is provided which
briefly explains adjustments necessary to reconcile the results of governmental fund accounting to the
government -wide presentations.
Measurement Focus, Basis of Accounting, and Financial Statement Presentation
The government -wide financial statements are reported using the economic resources measurement focus
and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when
a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as
revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon
as all eligibility requirements imposed by the provider have been met.
Governmental fund financial statements are reported using the current financial resources measurement
focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both
measurable and available. Revenues are considered to be available when they are collectible within the
current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the
government considers revenues to be available if they are collected within 60 days of the end of the
current fiscal period, except for expenditure -driven grants which must be collected within one year.
Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However,
debt service expenditures, as well as expenditures related to compensated absences and claims and
judgments, are recorded only when payment is due.
Property taxes, intergovernmental revenue, licenses, and interest associated with the current fiscal period
are all considered to be susceptible to accrual and as such have been recognized as revenues of the current
fiscal period. All other revenue items are considered to be measurable and available only when cash is
received by the government.
Assets, Liabilities, Deferred Inflows of Resources, and Equity
Deposits and Investments
The Agency considers all assets held in the City of Sebastian's pooled cash and investments to be cash
equivalents because the investments in the pool are not identifiable to specific funds and the assets can be
withdrawn at anytime, similar to a demand deposit account.
Leases
Lessor. The Agency is a lessor for noncancellable leases of certain properties. The Agency recognizes a
lease receivable and a deferred inflow of resources in the government -wide and governmental fund
financial statements.
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RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY
(A Component Unit of the City of Sebastian)
Notes to Financial Statements
At the commencement of a lease, the Agency initially measures the lease receivable at the present value of
payments expected to be received during the lease term. Subsequently, the lease receivable is reduced by
the principal portion of lease payments received. The deferred inflow of resources is initially measured as
the initial amount of the lease receivable, adjusted for lease payments received at or before the lease
commencement date. Subsequently, the deferred inflow of resources is recognized as revenue over the life
of the lease term.
Key estimates and judgments include how the Agency determines (1) the discount rate it uses to discount
the expected lease receipts to present value, (2) lease term, and (3) lease receipts. The Agency uses its
estimated incremental borrowing rate as the discount rate for leases. The lease term includes the
noncancellable period of the lease. Lease receipts included in the measurement of the lease receivable is
composed of fixed payments from the lessee.
The Agency monitors changes in circumstances that would require a remeasurement of its lease and will
remeasure the lease receivable if certain changes occur that are expected to significantly affect the
amount of the lease receivable.
Capita! Assets
Capital assets, which include land, buildings, improvements, equipment, and infrastructure assets (e.g.,
roads, bridges, sidewalks, and similar items) are reported in the governmental activities column in the
government -wide financial statements. The City defines capital assets as assets with an Initial, individual
cost of more than $750 and an estimated useful life in excess of one year. Such assets are recorded at
historical cost, if purchased, and at estimated acquisition cost at date of gift, if donated. Major additions
are capitalized while maintenance and repairs that do not improve or extend the life of the respective
assets are expensed.
The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend
asset lives are not capitalized.
Major outlays for capital assets and improvements are capitalized as projects are constructed. Interest
incurred during the construction phase of capital assets of business -type activities, if any, is included as
part of the capitalized value of the asset constructed.
Capital assets are depreciated using the straight-line method over the following estimated useful lives:
Years
Buildings and improvements 10-40
Public domain infrastructure 40-50
System infrastructure 15-30
Improvements other than buildings 10-40
Machinery, equipment and other 5-15
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RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY
(A Component Unit of the City of Sebastian)
N Notes to Financial Statements
Deferred inflows of Resources
In addition to liabilities, the financial statements will sometimes report a separate section for deferred
inflows of resources. This separate financial statement element, deferred inflows of resources, represents
an acquisition of net assets that applies to a future period(s) and so will not be recognized as an inflow of
resources (revenue) until that time. The statements of net position and governmental funds balance sheet
report deferred inflows related to leases. The amounts are deferred and amortized over the remaining life
of the lease.
Net Position
The government -wide financial statements utilize a net position presentation. Net position is presented in
three components - net investment in capital assets, restricted and unrestricted. The net investment in
capital assets component consists of capital assets less accumulated depreciation and any related long-
term debt. The restricted component of net position consists of restricted assets reduced by liabilities
related to those assets. The unrestricted component of net position is the net amount of assets and
liabilities that are not included in the determination of net investment in capital assets or the restricted
components of net position. When both restricted and unrestricted resources are available for use, it is
the option of the Agency to use restricted resources first, then unrestricted resources as they are needed.
Fund Equity
Governmental funds report nonspendable fund balance for amounts that cannot be spent because they
are either (a) not in spendable form or (b) legally or contractually required to be maintained intact.
Restricted fund balance is reported when externally imposed constraints are placed on the use of
resources by grantors, contributors, or laws or regulations of other governments. Committed fund balance
is reported for amounts that can only be used for specific purposes pursuant to constraints imposed by
formal action of the City Council (the government's highest level of decision -making authority). A formal
resolution of the City Council is required to establish, modify, or rescind a fund balance commitment. The
City Council has the authority and reports assigned fund balance for amounts that are constrained by the
government's intent to be used for specific purposes, but are neither restricted nor committed.
Unassigned fund balance is the residual classification for the General Fund. The General Fund is the only
fund that reports a positive unassigned fund balance amount. In other governmental funds it is not
appropriate to report a positive unassigned fund balance amount. However, in governmental funds other
than the general fund, if expenditures incurred for specific purposes exceed the amounts that are
restricted, committed, or assigned to those purposes, it may be necessary to report a negative unassigned
fund balance in that fund.
When the government incurs an expenditure for purposes for which various fund balance classifications
can be used, it is the government's policy to use restricted fund balance first, then committed fund
balance, assigned fund balance, and finally unassigned fund balance.
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RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY
(A Component Unit of the City of Sebastian)
Notes to Financial Statements
Budgetary Information
The budget is prepared annually on a modified accrual basis with encumbrance accounting. All annual
appropriations lapse at year end.
On or before the third Friday in May of each year, the government submit requests for appropriations to
the government's City Manager so that a budget may be prepared. Before July 31, the proposed budget is
presented to the government's council for review. The council holds budget workshops and public hearings
and a final budget must be prepared and adopted no later than September 30.
Actual results of operations presented in accordance with U.S. generally accepted accounting principles
(GAAP basis) and the Agency's accounting policies do not recognize encumbrances as expenditures until
the period in which the actual goods or services are received and a liability is incurred. It is necessary to
include budgetary encumbrances to reflect actual revenues and expenditures on a basis consistent with
the Agency's legally adopted budget.
Tax Increment Revenue
The Agency's primary source of revenue is tax -increment funds. This revenue is computed by applying the
respective operating tax rates for the City and the County multiplied by the increased value of property
located within the boundaries of the redevelopment areas of the Agency in excess of the base property
value, minus 5%. Assessed values are established by the Indian River County Property Appraiser.
Use of Estimates
The preparation of financial statements in conformity with accounting principles generally accepted in the
United States of America requires management to make estimates and assumptions that affect the
amounts reported in the financial statements and accompanying notes. Actual results may differ from
those estimates.
2. EQUITY IN POOLED CASH AND INVESTMENTS OF THE CITY OF SEBASTIAN, FLORIDA
The Agency reported equity in pooled cash and investments of the City of Sebastian, Florida of $628,397 on
the statement of net position as of September 30, 2022. The pooled cash and investments are held by the
City of Sebastian, Florida. Specific deposit and investment accounts are not held in the name of the
Agency. The amount of federal depositary insurance and custodial credit risk of investments is determined
for the City of Sebastian, Florida as a whole, and cannot be separately identified for the Agency.
Information regarding interest rate risk and credit risk can be found in the City of Sebastian, Florida's
Annual Comprehensive Financial Report.
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RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY
(A Component Unit of the City of Sebastian)
Notes to Financial Statements
3. CHANGE IN CAPITAL ASSETS
The Agency capital asset activities for the year ended September 30, 2022, was as follows:
Beginning Ending
Balance Balance
10/01/2021 Additions Disposals 09/30/2022
Governmental activities
Depreciable assets $ 2,764,274 $ 86,358 $ - $ 2,850,632
Less accumulated depreciation 817,362 86,393 - 903,755
Governmental activities capital
assets, net $ 1,946,912 $ (35) $ - $ 1,946,877
4. LEASES
Lessor - The Agency is involved in one agreement as a lessor that qualifies as a long-term lease agreement.
Below is a summary of the agreement. The agreement qualifies as a long-term lease agreement as the
Agency will not surrender control of the assets at the end of the term and the noncancelable term of the
agreement surpasses one year. Total lease revenue for the year ended September 30, 2022 was $34,143.
Asset Type
Buildings
Remaining Term of Agreements
18 months
Lease receivable activity for the year ended September 30, 2022, was as follows:
Beginning Ending
Balance Additions Deductions Balance
Governmental activities
Leases receivable $ 85,357 $ - $ (33,439) $ 51,918
Leases receivable in the amount of $17,476 are not expected to be collected within one year.
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REQUIRED SUPPLEMENTARY INFORMATION
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RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY
(A Component Unit of the City of Sebastian)
Schedule of Revenues, Expenditures and Changes in Fund Balance
Budget and Actual
For the Year Ended September 30, 2022
Revenues
Property taxes
Rental income
Investment earnings
Total revenues
Expenditures
Current:
Economic environment
Revenues over expenditures
Other financing sources (uses)
Transfers in from other funds of
the City of Sebastian, Florida
Transfers out to other funds of
the City of Sebastian, Florida
Total other financing sources (uses)
Net changes In fund balance
Fund balance, beginning of year
Fund balance, end of year
Actual Over
Original
Final
(Under) Final
Budget
Budget
Actual
Budget
$ 431,641
$ 431,641
$ 385,665
$ (45,976)
36,000
36,000
36,704
704
4,780
4,780
5,813
1,033
472,421
472,421
428,182
(44,239)
320,827
330,778
291,969
(38,809)
151,594
141,643
136,213
(5,430)
123,406
15,287
-
(15,287)
(275,000)
(156,930)
(49,572)
(107,358)
(151,594)
(141,643)
(49,572)
92,071
-
-
86,641
86,641
541,244
541,244
541,244
-
$ 541,244 $
541,244 $
627,885 $
86,641
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elpopas
0-T10%
43 0f A5�
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Rehmann
EMPOWER YOUR PURPOSE
INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON
COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED
PERFORMED IN ACCORDANCE WITH GOVERNMENTAUDITING STANDARDS
March 7, 2023
The Honorable Mayor
and City Council Members
City of Sebastian Riverfront Community Redevelopment Agency
We have audited, in accordance with the auditing standards generally accepted in the United States of
America and the standards applicable to financial audits contained in Government Auditing Standards,
issued by the Comptroller General of the United States, the financial statements of the governmental
activities and the major fund of City of Sebastian Riverfront Community Redevelopment Agency (the
"Agency"), a blended component unit of the City of Sebastian, Florida, as of and for the year ended
September 30, 2022, and the related notes to the financial statements, which collectively comprise the
Agency's basic financial statements, and have issued our report thereon dated March 7, 2023.
Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements, we considered the Agency's internal
control over financial reporting (internal control) as a basis for designing the auditing procedures that
are appropriate in the circumstances for the purpose of expressing our opinions on the financial
statements, but not for the purpose of expressing an opinion on the effectiveness of the Agency's
internal control. Accordingly, we do not express an opinion on the effectiveness of the Agency's internal
control.
A deficiency in internal control exists when the design or operation of a control does not allow
management or employees, in the normal course of performing their assigned functions, to prevent, or
detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a
combination of deficiencies, in internal control such that there is a reasonable possibility that a material
misstatement of the entity's financial statements will not be prevented, or detected and corrected, on a
timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control
that is less severe than a material weakness, yet important enough to merit attention by those charged
with governance.
Our consideration of internal control was for the limited purpose described in the first paragraph and of
this section and was not designed to identify all deficiencies in internal control that might be material
weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any
deficiencies in internal control that we consider to be material weaknesses. However, material
weaknesses or significant deficiencies may exist that have not been identified.
OHLBAND ACCOUNTING NETMORK
35 45 of 457
Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the Agency's financial statements are free
from material misstatement, we performed tests of its compliance with certain provisions of laws,
regulations, contracts, and grant agreements, noncompliance with which could have a direct and
material effect on the financial statements. However, providing an opinion on compliance with those
provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The
results of our tests disclosed no instances of noncompliance or other matters that are required to be
reported under Government Auditing Standards.
Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and
compliance and the results of that testing, and not to provide an opinion on the effectiveness of the
Agency's internal control or on compliance. This report is an integral part of an audit performed in
accordance with Government Auditing Standards in considering the entity's internal control and
compliance. Accordingly, this communication is not suitable for any other purpose.
LLC
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EMPOWEANOUR PURPOiE
INDEPENDENT AUDITORS' MANAGEMENT LETTER
March 7, 2023
The Honorable Mayor
and City Council Members
City of Sebastian Riverfront Community Redevelopment Agency
Report on the Financial Statements
We have audited the financial statements of the City of Sebastian Riverfront Community
Redevelopment Agency (the "Agency"), a blended component unit of the City of Sebastian, Florida, as
of and for the fiscal year ended September 30, 2022 and have issued our report there dated March 7,
2023.
Auditors' Responsibility
We conducted our audit in accordance with auditing standards generally accepted in the united States
of America, the standards applicable to financial audits contained in Government Auditing Standards,
issued by the Comptroller General of the United States and Chapter 10.550, Rules of the Florida Auditor
General.
Other Reporting Requirements
We have issued our Independent Auditors' Report on Internal Control over Financial Reporting and
Compliance and Other Matters Based on an Audit of the Financial Statements Performed in Accordance
with Government Auditing Standards, and Independent Accountants' Report on an examination
conducted in accordance with AICPA Professional Standards. AT-C Section 315, regarding compliance
requirements in accordance with Chapter 10.550, Rules of the Auditor General Disclosures in those
reports, which are dated March 7, 2023, should be considered in conjunction with this management
letter.
Prior Audit Findings
Section 10.554(1)(i)1., Rules of the Auditor General, requires that we determine whether or not
corrective actions have been taken to address significant findings and recommendations made in the
preceding annual financial report. There were no such items pertaining to the Agency disclosed in the
preceding annual financial audit report of the City of Sebastian, Florida.
OHLBAND ACCOVNTING NETWDRN
37 47 of 457
Official Title and Legal Authority
Section 10.554(1)(i)4., Rules of the Auditor General, requires that the name or official title and legal
authority for the primary government and each component unit of the reporting entity be disclosed in
this management letter, unless disclosed in the notes to the financial statements. The City of
Sebastian, Florida, Riverfront Community Redevelopment Agency, was created pursuant to Florida
Statute 163.356 and City Ordinance No 0-95-08. The Agency has no component units.
Financial Condition and Management
Section 10.554(1)(i)5.a. and 10.556(7), Rules of the Auditor General, require us to apply appropriate
procedures and communicate the results of our determination as to whether or not the Agency has
met one or more of the conditions described in Section 218.503(1), Florida Statutes, and to identify the
specific conditions) met. In connection with our audit, we determined that the Agency, did not meet
any of the conditions described in Section 218.503(1), Florida Statutes.
Pursuant to Sections 10.554(1)(i)5.b.and 10.556(8), Rules of the Auditor General, we applied financial
condition assessment procedures for the Agency. It is management's responsibility to monitor the City
of Sebastian, Florida's financial condition, and our financial condition assessment was based in part on
representations made by management and the review of financial information provided by the same.
Section 10.554(1)(i)(2), Rules of the Auditor General, requires that we communicate any
recommendations to improve financial management. In connection with our audit, we did not have
any such recommendations.
Special District Component Units
Section 10.554(1)(i)5.c. Rules of the Auditor General, requires that we determine, if appropriate, that
we communicate the failure of a special district that is a component unit of a county, municipality, or
special district, to provide the financial information necessary for proper reporting of the component
unit with the audited financial statements of the county, municipality, or special district with Section
218.39(3)(b), Florida Statutes. In connection with our audit, we did not note any special district
component units that failed to provide the necessary information for proper reporting in accordance
with Section 218.39(3)(b), Florida Statutes.
Specific Information for a Dependent Special District
As required by Section 218.39(3)(c), Florida Statutes, and Section 10.554(1)(i)6, Rules of the Auditor
General, the CRA reported:
a. The total number of CRA employees compensated in the last pay period of the CRA's fiscal year was
1.
b. The total number of independent contractors to whom nonemployee compensation was paid in the
last month of the CRA's fiscal year was 1.
38
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c. All compensation earned by or awarded to employees, whether paid or accrued, regardless of
contingency was $92,655.
d. All compensation earned by or awarded to nonemployee independent contractors, whether paid or
accrued, regardless of contingency was $113,108.
e. Each construction project with a total cost of at least $65,000 approved by the CRA that is scheduled
to begin on or after October 1 of the fiscal year being reported, together with the total expenditures
for such project was $0, as there were no such projects.
f. A budget variance based on the budget adopted under Section 189.016(4), Florida Statutes, before
the beginning of the fiscal year being reported if the CRA amends a final adopted budget under
Section 189.016(6), Florida Statutes. The budget variance is presented on page 32.
Additional Matters
Sections 10.554(1)(i)3., Rules of the Auditor General, requires us to communicate noncompliance with
provisions of contracts or grant agreements, or abuse, that have occurred, or are likely to have
occurred, that have an effect on the financial statements that is less than material but which warrants
the attention of those charged with governance. In connection with our audit, we did not have any
such findings.
Purpose of this Letter
Our management letter is intended solely for the information and use of the Legislative Auditing
Committee, members of the Florida Senate and the Florida House of Representatives, the Florida
Auditor General, Federal and other granting agencies, City Council Members, and applicable
management, and is not intended to be and should not be used by anyone other than these specified
parties.
4&X4WC-4L41t- LLC
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EMPOWER YOUR PURPOCE
INDEPENDENT ACCOUNTANTS' REPORT
REGARDING COMPLIANCE REQUIREMENTS IN RULES OF
THE AUDITOR GENERAL 10.556(10)f
March 7, 2023
The Honorable Mayor
and City Council Members
City of Sebastian Riverfront Community Redevelopment Agency
We have examined the City of Sebastian Riverfront Community Redevelopment Agency the "Agency")
a blended component unit of the City of Sebastian, Florida, compliance with the requirements of
section 163.397(6) and (7), Florida Statutes during the year ended September 30, 2022. Management is
responsible for the Agency's compliance with those requirements. Our responsibility is to express an
opinion on the Agency's compliance based on our examination.
Our examination was conducted in accordance with attestation standards established by the America
Institute of Certified Public Accountants and, accordingly, included examine, on a test basis, evidence
about the Agency's compliance with those requirements and performing such other procedures as we
consider necessary in the circumstances. We believe that our examination provides a reasonable basis
for our opinion. Our examination does not provide a legal determination on the Agency's compliance
with specified requirements.
In our opinion, the City of Sebastian River -front Community Redevelopment Agency complied, in all
material respects, with the aforementioned requirements for the year ended September 30, 2022.
LLG
0HLB 1 - 1 1 1 '1 , L : 'ILI I
AND ACCOUNTIING NETWORK
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EMPOWER YOUR PURPORE
INDEPENDENT ACCOUNTANTS' REPORT ON COMPLIANCE
WITH LOCAL GOVERNMENT INVESTMENT POLICIES
March 7, 2023
The Honorable Mayor
and City Council Members
City of Sebastian Riverfront Community Redevelopment Agency
We have examined the City of Sebastian Riverfront Community Redevelopment Agency's (the
"Agency's") compliance with the local government investment policy requirements of Section 218.415,
Florida Statutes, during the year ended September 30, 2022. Management of the Agency is responsible
for the Agency's compliance with the specified requirements. Our responsibility is to express an opinion
on the Agency's compliance with the specified requirements based on our examination.
Independent Accountants' Responsibility
Our responsibility is to express an opinion on the Agency's compliance with those requirements based
on our examination. Our examination was conducted in accordance with attestation standards
established by the American Institute of Certified Public Accountants. Those standards require that we
plan and perform the examination to obtain reasonable assurance about whether the Agency is in
compliance with specified requirements established by Florida Statute and performing such procedures
as we considered necessary in the circumstances.
We believe that the evidence we obtained is sufficient and appropriate to provide a reasonable basis
for our opinion. Our examination does not provide a legal determination on the Agency's compliance
with specified requirements.
Opinion
In our opinion, the Agency complied, in all material respects, with the aforementioned requirements for
the year ended September 30, 2022.
Purpose of this Report
This report is intended solely for the information of management, the Agency, the City Council and the
Florida Auditor General and is not intended to be and should not be used by anyone other than these
specified parties.
LLG
EL)s
THE GLOBAL ADVISORY
AND ACCOUNTING NETWORK
43 53 of 457
CITY OF SEBASTIAN, FLORIDA
Table of Contents
Page
Independent Auditors' Report on the Schedule of Expenditures
of Federal Awards and State Projects Required by the Uniform Guidance 1
Schedule of Expenditures of Federal Awards 2
Schedule of Expenditures of State Projects 3
Notes to Schedule of Expenditures of Federal Awards and State Projects 4
Independent Auditors' Report on Internal Control over Financial
Reporting and on Compliance and Other Matters Based on an Audit of
Financial Statements Performed in Accordance with
Government Auditing Standards 5
Independent Auditors' Report on Compliance for the Major Federal
Program and Major State Project and Internal Control
over Compliance Required by the Uniform Guidance and
Chapter 10.550, Rules of the Auditor General 7
Schedule of Findings and Questioned Costs 10
Summary Schedule of Prior Audit Findings 14
Corrective Action Plan 15
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INDEPENDENT AUDITORS' REPORT ON THE
SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS
REQUIRED BY THE UNIFORM GUIDANCE
March 7, 2023
Honorable Mayor and
Members of City Council
City of Sebastian, Florida
We have audited the financial statements of the governmental activities, the business -type activities,
each major fund, and the aggregate remaining fund information of the City of Sebastian, Florida (the
"City"), as of and for the year ended September 30, 2022, and the related notes to the financial
statements, which collectively comprise the City's basic financial statements. We issued our report
thereon dated March 7, 2023 which contained unmodified opinions on those financial statements. Our
audit was conducted for the purpose of forming opinions on the financial statements that collectively
comprise the basic financial statements. The accompanying schedules of expenditures of federal
awards and state projects is presented for purposes of additional analysis as required by Title 2 U.S.
Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (Uniform Guidance) and Chapter 10.550, Rules of the Auditor
General, and is not a required part of the basic financial statements. Such information is the
responsibility of management and was derived from and relates directly to the underlying accounting
and other records used to prepare the basic financial statements. The information has been subjected
to the auditing procedures applied in the audit of the basic financial statements and certain additional
procedures, including comparing and reconciling such information directly to the underlying accounting
and other records used to prepare the basic financial statements or to the basic financial statements
themselves, and other additional procedures in accordance with auditing standards generally accepted
in the United States of America. In our opinion, the schedule of expenditures of federal awards and
state projects is fairly stated, in all material respects, in relation to the basic financial statements as a
whole.
LLC
OHL BTNF GLOSAL ADVISORY
AND ACCOUNTING NETWORK
1 56 of 457
CITY OF SEBASTIAN, FLORIDA
Schedule of Expenditures of Federal Awards
For the Year Ended September 30, 2022
Assistance
Usting
Passed
Pass -through / Grantor
Federal
Federal Agency / duster / Program Tide
Number
Through
Number
Expenditures
U.S. Department of Housing and Urban Development
Community Development Block Grant - Entitlement Grants Cluster:
2021-2022 Award
24.228
Direct
B-19-MC-12-0064
$ 141,467
U.S. Department of Justice
Bulletproof Vest Partnership
16.607
Direct
OMB 1121-0235
6,734
Law enforcement
16.738
FDLE
2021-1AGC-INRI-1-38-092
10,206
Total U.S. Department of Justice
16,940
U.S. Department of Transportation
Airport Improvement Program:
Construct Taxi Lane
20.106
Direct
3-12-0145-018-2021
550,812
COVID-19 - Airport Improvement Program
20.106
Direct
3-12-0145-019-2022
27,756
Rehab Runway
20.106
Direct
3-12-0145-020.2022
1,524
Total U.S. Department of Transportation
590,092
U.S. Department of Treasury
COVID-19 - Coronavirus Relief fund
21.019
IRC
064-2020
4,454
COVID-19 - Coronavirus State and Local Fiscal Recovery Funds
21.027
Direct
SLFRPOS94
484,856
Total U.S. Department of Treasury
489,310
Federal Emergency Management Act
Stonecrop Drainage Improvements
97.039
FDEM
4337-325-R
51888
Total Expenditures of Federal Awards
S 1,233,697
See notes to schedule of expenditures of federal and state awards.
2
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CITY OF SEBASTIAN, FLORIDA
Schedule of Expenditures of State Financial Assistance
For the Year Ended September 30, 2022
State Agency / Custer/ Program Title
Florida Department of Transportation
Aviation Grant Programs:
Construct Hangar D
Estabtish Sewer Service
Square Hangar Engineering & Development
Airport Security Cameras
Rehab Runway 05/23
Total Aviation Grant Programs
State Highway Projects:
Highway Lighting, Maintenance and Compensation (USI)
Total Expenditures of State Projects
CSFA
Passed
Pass -through / Grantor
Number
Through
Number
55.004
Direct
442004-1-94-01
55.004
Direct
447623-1-94-01
55.004
Direct
445948-1-94-01
55.004
Direct
449252-1-94-01
55.004
Direct
450930-1-94-01
55.023 Direct 405222-2-78-20
See notes to schedule of expenditures of federal awards and state projects.
3
State
Expenditures
S 1,085,221
1,302,435
159,025
19,200
85
2,565,966
14,528
$ 2,580,494
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CITY OF SEBASTIAN, FLORIDA
0 Notes to Schedule of Expenditures of Federal Awards and State Projects
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
The accompanying schedule of expenditures of federal awards and schedule of expenditures of state
projects (the "Schedules") includes the federal and state grant activity of the City of Sebastian, Florida (the
"City") under programs of the federal and state of Florida governments for the year ended September 30,
2022. The information in these Schedules is presented in accordance with the requirements of Title 2 U.S.
Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (Uniform Guidance) and and Chapter 10.550, Rules of the Auditor
General. Because the Schedules present only a selected portion of the operations of the City, they are not
intended to and do not present the financial position, changes in net position or cash flows of the City.
Expenditures reported on the Schedule are reported on the accrual basis of accounting, which is described
in Note 1 to the City's financial statements. Such expenditures are recognized following the cost principles
contained in the Uniform Guidance or other applicable guidance, wherein certain types of expenditures are
not allowable or are limited as to reimbursement. Pass -through entity identifying numbers are presented
where available.
2. INDIRECT COST RATES
In the absence of a negotiated federal indirect cost rate, the City has elected to use a de minimis rate of
10% of modified total direct costs.
3. PASS THROUGH AGENCIES
The City receives certain federal grants as subawards from non-federal entities. Pass -through entities,
where applicable, have been identified in the Schedule with an abbreviation, defined as follows:
Pass -through
Agency
Abbreviations Pass -through Agency Name
FDEM Florida Department of Emergency Management
FDLE Florida Department of Law Enforcement
IRC Indian River County
■■00E
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EMPOWER YOUR PURPOSE
INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING
AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS
PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
March 7, 2023
Honorable Mayor and
Members of City Council
City of Sebastian, Florida
We have audited, in accordance with the auditing standards generally accepted in the United States of
America and the standards applicable to financial audits contained in Government Auditing Standards
issued by the Comptroller General of the United States, the financial statements of the governmental
activities, the business -type activities, each major fund, and the aggregate remaining fund information
of the City of Sebastian, Florida (the "City"), as of and for the year ended September 30, 2022, and the
related notes to the financial statements, which collectively comprise the City's basic financial
statements, and have issued our report thereon dated March 7, 2023.
Report on Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City's internal
control over financial reporting (internal control) as a basis for designing audit procedures that are
appropriate in the circumstances for the purpose of expressing our opinions on the financial
statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal
control. Accordingly, we do not express an opinion on the effectiveness of the City's internal control.
A deficiency in internal control exists when the design or operation of a control does not allow
management or employees, in the normal course of performing their assigned functions, to prevent, or
detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a
combination of deficiencies, in internal control such that there is a reasonable possibility that a material
misstatement of the entity's financial statements will not be prevented, or detected and corrected on a
timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control
that is less severe than a material weakness, yet important enough to merit attention by those charged
with governance.
0 HLB THE GLOBAL ADVISORY
AND ACCOUNTING NETWORK
5 60 of 457
Our consideration of internal control was for the limited purpose described in the first paragraph of this
section and was not designed to identify all deficiencies in Internal control that might be material
weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any
deficiencies in internal control that we consider to be material weaknesses. However, material
weaknesses or significant deficiencies may exist that have not been identified.
Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City's financial statements are free from
material misstatement, we performed tests of its compliance with certain provisions of laws,
regulations, contracts, and grant agreements, noncompliance with which could have a direct and
material effect on the financial statements. However, providing an opinion on compliance with those
provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The
results of our tests disclosed no instances of noncompliance or other matters that are required to be
reported under Government Auditing Standards.
Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and
compliance and the results of that testing, and not to provide an opinion on the effectiveness of the
City's internal control or on compliance. This report is an integral part of an audit performed in
accordance with Government Auditing Standards in considering the entity's internal control and
compliance. Accordingly, this communication is not suitable for any other purpose.
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EMPOWER YOUR PURPOW
INDEPENDENT AUDITORS' REPORT ON COMPLIANCE FOR THE MAJOR FEDERAL PROGRAM
AND MAJOR STATE PROJECT AND INTERNAL CONTROL OVER COMPLIANCE
REQUIRED BY THE UNIFORM GUIDANCE AND CHAPTER 10.550, RULES OF THE AUDITOR GENERAL
March 7, 2023
Honorable Mayor and
Members of City Council
City of Sebastian, Florida
Report on Compliance for the Major Federal Program and Major State Project
Opinion on the Major Federal Program and Major State Project
We have audited the compliance of the City of Sebastian, Florida (the "City") with the types of compliance
requirements identified as subject to audit in the OMB Compliance Supplement and the requirements
described in the Florida Department of Financial Services' State Projects Compliance Supplement that could
have a direct and material effect on the City's major federal program or state project for the year ended
September 30, 2022. The City's major federal program and state project are identified in the summary of
auditors' results section of the accompanying schedule of findings and questioned costs.
In our opinion, the City complied, in all material respects, with the types of compliance requirements
referred to above that could have a direct and material effect on the major federal program and major state
project for the year ended September 30, 2022.
Basis for Opinion on the Major Federal Program and Major State Project
We conducted our audit of compliance in accordance with auditing standards generally accepted in the
United States of America (GAAS); the standards applicable to financial audits contained in Government
Auditing Standards issued by the Comptroller General of the United States; the audit requirements of Title 2
U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (Uniform Guidance); and Chapter 10.550, Rules of the Auditor General.
Our responsibilities under those standards and the Uniform Guidance are further described in the
Independent Auditors' Responsibilities for the Audit of Compliance section of our report.
0HLiB
TNB GLOBAL ADMORY
AND ACCOUNTING NETWORK
7 62 of 457
We are required to be independent of the City and to meet our other ethical responsibilities, in accordance
with relevant ethical requirements relating to our audit. We believe that the audit evidence we have
obtained is sufficient and appropriate to provide a basis for our opinion on compliance for the major federal
program and major state project. Our audit does not provide a legal determination of the City's compliance
with the compliance requirements referred to above.
Responsibilities of Management for Compliance
Management is responsible for compliance with the requirements referred to above and for the design,
implementation, and maintenance of effective internal control over compliance with the requirements of
laws, statutes, regulations, rules and provisions of contracts or grant agreements applicable to the City's
federal programs and state projects.
Independent Auditors' Responsibilities for the Audit of Compliance
Our objectives are to obtain reasonable assurance about whether material noncompliance with the
compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion
on the City's compliance based on our audit. Reasonable assurance is a high level of assurance but is not
absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS,
Government Auditing Standards, Uniform Guidance and Chapter 10.550, Rules of the Auditor General will
always detect material noncompliance when it exists. The risk of not detecting material noncompliance
resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery,
intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the
compliance requirements referred to above is considered material, if there is a substantial likelihood that,
individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on
compliance about the City's compliance with the requirements of the major federal program and major
state project as a whole.
In performing an audit in accordance with GAAS, Government Auditing Standards, and the Uniform
Guidance, we:
• exercise professional judgment and maintain professional skepticism throughout the audit.
identify and assess the risks of material noncompliance, whether due to fraud or error, and design and
perform audit procedures responsive to those risks. Such procedures include examining, on a test basis,
evidence regarding the City's compliance with the compliance requirements referred to above and
performing such other procedures as we considered necessary in the circumstances.
obtain an understanding of the City's internal control over compliance relevant to the audit in order to
design audit procedures that are appropriate in the circumstances and to test and report on internal
control over compliance in accordance with the Uniform Guidance, but not for the purpose of
expressing an opinion on the effectiveness of the City's internal control over compliance. Accordingly,
no such opinion is expressed.
We are required to communicate with those charged with governance regarding, among other matters, the
planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal
control over compliance that we identified during the audit.
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Other Matters
The results of our auditing procedures disclosed instances of noncompliance, which are required to be
reported in accordance with the Uniform Guidance and Chapter 10.550, Rules of the Auditor General and
which are described in the accompanying schedule of findings and questioned costs as items 2022-001 and -
002. Our opinion on the major federal program and major state project are not modified with respect to
these matters.
Government Auditing Standards requires the auditor to perform limited procedures on the City's responses
to the noncompliance findings identified in our compliance audit described in the accompanying schedule of
findings and questioned costs. The City's responses were not subjected to the other auditing procedures
applied in the audit of compliance and, accordingly, we express no opinion on them.
Report on Internal Control Over Compliance
A deficiency in Internal control over compliance exists when the design or operation of a control over
compliance does not allow management or employees, in the normal course of performing their assigned
functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a
federal program or state project on a timely basis. A material weakness in internal control over compliance
is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a
reasonable possibility that material noncompliance with a type of compliance requirement of a federal
program or state project will not be prevented, or detected and corrected, on a timely basis. A significant
deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal
control over compliance with a type of compliance requirement of a federal program or state project that is
less severe than a material weakness in internal control over compliance, yet Important enough to merit
attention by those charged with governance.
Our consideration of internal control over compliance was for the limited purpose described in the
Independent Auditors' Responsibilities for the Audit of Compliance section above and was not designed to
identify all deficiencies in internal control over compliance that might be material weaknesses or significant
deficiencies in internal control over compliance. Given these limitations, during our audit we did not identify
any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined
above. However, material weaknesses or significant deficiencies in internal control over compliance may
exist that were not identified.
Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control
over compliance. Accordingly, no such opinion is expressed.
Purpose of this Report
The purpose of this report on internal control over compliance is solely to describe the scope of our testing
of internal control over compliance and the results of that testing based on the requirements of the Uniform
Guidance and Chapter 10.550, Rules of the Auditor General. Accordingly, this report is not suitable for any
other purpose. 4Lt4�4L414-L LG
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CITY OF SEBASTIAN, FLORIDA
Schedule of Findings and Questioned Costs
For the Year Ended September 30, 2022
■ SECTION 1- SUMMARY OF AUDITORS' RESULTS
Financial Statements
Type of auditors' report issued:
Internal control over financial reporting:
Material weakness(es) identified?
Significant deficiency(ies) identified?
Noncompliance material to financial statements
noted?
Federal Awards and State Protects
Internal control over major programs and projects:
Material weakness(es) identified?
Significant deficiency(ies) identified?
Type of auditors' report issued on compliance
for major programs:
Any audit findings disclosed that are required
to be reported in accordance with
2 CFR 200.516(a)?
Identification of major programs and projects:
Assistance Listing Number
20.106
CSFA Number
55.004
Dollar threshold used to distinguish
between Type A and Type B programs:
Auditee qualified as low -risk auditee?
Unmodified
yes X no
yes X none reported
yes X no
yes X no
yes X none reported
Unmodified
yes X no
Name of Federal Program or Duster
Airport Improvement Program
Name of State Prolect
Aviation Grant Programs
$ 750,000 (Federal and State)
yes X no
10
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CITY OF SEBASTIAN, FLORIDA
Schedule of Findings and Questioned Costs
For the Year Ended September 30, 2022
■ SECTION II — FINANCIAL STATEMENT FINDINGS
None noted.
it
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CITY OF SEBASTIAN, FLORIDA
Schedule of Findings and Questioned Costs
For the Year Ended September 30, 2022
■ SECTION III — FEDERAL AWARD AND STATE PROJECT FINDINGS AND QUESTIONED COSTS
2022-002 — Federal Reporting Requirements
Finding Type. Immaterial Noncompliance in Internal Control over Compliance (Reporting).
Program. Airport Improvements Program; ALN Number 20.106; Award Numbers 3-12-0145-018-2021, 3-12-0145-
019-2022, and 3-12-0145-020-2022.
Criteria. Recipients of federal awards are required to submit timely and accurate reports to the awarding agency
in accordance with federal compliance requirements.
Condition. Certain reports required under the provisions of the grant agreement were not filed by the stated due
dates.
Cause. This condition appears to be the result of a time lag in identifying the annual reporting requirement and
developing a plan for compliance.
Effect. As a result of this condition, the City did not fully comply with the Uniform Guidance applicable to the
above noted grants.
Questioned Costs. No costs were required to be questioned as a result of this finding.
Recommendation. We recommend the City review the reporting requirements of each grant to ensure
compliance.
View of Responsible Officials. In the past, the City filed the required reports at the time the grant projects were
completed and closed out. Future reports will be completed and filed by the Accounting Manager at the end of
each calendar year.
12
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CITY OF SEBASTIAN, FLORIDA
Schedule of Findings and Questioned Costs
For the Year Ended September 30, 2022
. SECTION III —FEDERAL AWARD AND STATE PROJECT FINDINGS AND QUESTIONED COSTS
2022-W2 — State E-Verify Requirements
Finding Type. Immaterial Noncompliance in Internal Control over Compliance (Procurement, Suspension and
Debarment).
Program. Aviation Grant Programs; CFSA Number 55.004; Award Numbers 442004-1-94-01, 447623-1-94-01,
445948-1-94-01, 449252-1-94-01, and 450930-1-94-01.
Criteria. A recipient of state awards is required to determine that vendors being paid with state funds are
utilizing the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all
new employees hired by the subcontractor during the contract term.
Condition. E-verify checks were not being completed and retained for the City's vendors.
Cause. This condition appears to be the result of a time lag in identifying the E-Verify requirement and
developing a plan for compliance.
Effect. As a result of this condition, the City did not fully comply with the guidance applicable to the above noted
grants.
Questioned Costs. No costs were required to be questioned as a result of this finding.
Recommendation. We recommend the City perform and retain E-Verify checks on its vendors to demonstrate
compliance.
View of Responsible Officials. The City's bid proposal documents stipulated that proposers and their
subcontractors must submit a form acknowledging their use of the E-Verify system. In response to this
comment, the Purchasing Manager has been charged with the additional task of requiring that they submit the
"Company Profile Page" from the E-Verify website with their bid, as well as collecting these on all contracts and
agreements that are extended. At that time, the Purchasing Manager will also check on the SAM website and
document that they do not appear on the debarment or suspension list. These documents will be maintained in
the contractor's files.
13
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CITY OF SEBASTIAN, FLORIDA
Summary Schedule of Prior Audit Findings
For the Year Ended September 30, 2022
None noted.
14
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Mf
Me= �aw
HOME OF PELICAN ISLAND
Corrective Action Plan
Pursuant to federal regulations, Uniform Administrative Requirements Section 200.511, the following are the
findings as noted in the City of Sebastian's Single Audit report for the year ended September 30, 2022, and corrective
actions to be completed.
2022-001— Federal Reporting Requirements
Auditor Description of Condition and Effect. Certain reports required under the provisions of the grant agreement
were not filed by the stated due dates. As a result of this condition, the City did not fully comply with the Uniform
Guidance applicable to the above noted grants.
Auditor Recommendation. We recommend the City review the reporting requirements of each grant to ensure
compliance.
Corrective Action. The City is in the process reviewing the reporting requirements of each grant to ensure
compliance.
Responsible Person. Kenneth Killgore, Administrative Services Director/CFO
Anticipated Completion Date: September 2023
15
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OT) C(
SEBAST
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
REGULAR MEETING
MINUTES
WEDNESDAY, FEBRUARY 22, 2023 — 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Jones called the Regular Meeting to order at 6:00 p.m.
2. A moment of silence was held.
Council Member Dixon led the Pledge of Allegiance.
4. ROLL CALL
Mayor Fred Jones
Vice Mayor Chris Nunn
Council Member Kelly Dixon
Council Member Ed Dodd
Council Member Bob McPartlan
Staff Present:
City Manager Paul Carlisle
City Attorney Manny Anon, Jr.
City Clerk Jeanette Williams
Community Development Director Lisa Frazier
Community Development Manager Dom Bosworth
Administrative Services Director/CFO Ken Killgore
Asst. Administrative Services Director Cindy Watson
City Engineer/Public Works Director Karen Miller
Procurement Manager Don Wixon
Police Lt. Rob Vafiades
5. AGENDA MODIFICATIONS
There was no objection to the City Manager's request to pull the quasi-judicial hearing of
Resolution No. R-23-06 from the agenda.
6. PROCLAMATIONS. AWARDS, BRIEF ANNOUNCEMENTS
A. Special Presentation and Dedication of a Ray McLendon Highwayman Landscape
by the Sebastian Riverfront Fine Arts and Music
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The Board of Directors from the Sebastian Riverfront Fine Arts and Music introduced
Highwayman Artist Ray McLendon who presented the City with a beautiful portrait of
the Archie Smith Fish House.
B. Sebastian Rotary Brewfest Update by Marc Ginaras and Scott Thiel
Marc Gingras said the Rotary Club had experienced a beneficial brewfest and presented
the City with a check for $2,500.
C. Proclamation - Declaring the Citv of Sebastian to be a Moonshot Communitv
Mayor Jones read and presented the proclamation to Marie O'Brien and members of the
Indian River County Learning Alliance.
D. Proclamation - Inviting the Public to Participate in the Centennial Celebration
Mayor Jones read the proclamation announcing the upcoming centennial and invited the
public to help participate by sending in historical photos or providing historical stories.
BriefAnnouncements:
Sunday, February 26 - American Legion POW -MIA Monument Dedication at Veterans
Memorial Park— Ipm
March I — Sebastian CRA Redevelopment Team Workshops — Council Chambers -
11: 00am to 1 pm or 5pm to Ipm
Please take our survey on what you would like to see in the riverfront!
https: //www.surveymonkey. com/r/SebastianCR,4
March 3 - Chamber of Commerce Concert in Riverview Park — The Reckless Shots -
5:30pm to 8pm
Vice Mayor Nunn announced the upcoming events and invited the public to participate in
the CRA survey.
7. PUBLIC INPUT
Sharon Herman said the handicapped accessibility to the events in the park has been
atrocious. She displayed a Mobi-mat flyer featuring a roll -out mobile walkway that could
be used on the grass to provide wheel chair and walker access to the festivals. (See
attached)
8. CONSENT AGENDA
A. Approve a Forfeiture Fund Distribution in the Amount of $500 to the Executive
Roundtable of Indian River County on behalf of the Sebastian Police Department
(Transmittal, F.S.932.7055, Letter)
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B. Approve a Forfeiture Fund Distribution in the Amount of $1,000 to the Substance
Awareness Center of Indian River County on behalf of the Sebastian Police
Department (Transmittal, F.S.932.7055, Letter)
MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to approve
consent agenda items A and B.
Roll call: Vice Mayor Nunn - aye
Council Member Dixon - aye
Council Member Dodd - aye
Council Member McPartlan aye
Mayor Jones - aye
Motion carried. 5-0
9. COMMITTEE REPORTS & APPOINTMENTS
Vice Mayor Nunn reported that at the Tourist Development Council meeting he learned
that the County is almost at 50% of its goal already for the bed tax. He explained these
taxes which are paid by tourists, will be pay for a lot of infrastructure in the City.
10. PUBLIC HEARINGS
A. First Reading and Public Hearing - Ordinance 0-23-02 — Request for Small Scale
Comprehensive Plan Future Land Use Man Amendment — Hess Parcel, 8925 86th
Avenue (Transmittal, 0-23-02, Staff Report. Minutes)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A
SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND
USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF LDR (LOW
DENSITY RESIDENTIAL) FOR LAND WITH A CURRENT INDIAN RIVER
COUNTY LAND USE DESIGNATION OF R (RURAL RESIDENTIAL) FOR LAND
CONSISTING OF 40.23 ACRES, MORE OR LESS, LOCATED SOUTH OF
SEBASTIAN RIVER LANDING, EAST OF VACANT PROPERTY, WEST AND
NORTH OF SINGLE FAMILY DEVELOPMENT; AUTHORIZING FINDINGS AND
ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING AN
EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE.
The City Attorney read the title to Ordinance No. 0-23-02. The City Manager said this
40 acre parcel is part of an 80 acre project located north of Blue Water Bay on CR510.
The Community Development Director said this property was asking for a small scale
land use change that will be consistent with the land to the west and the north; it will be
sent to the Department of Economic Opportunities after adoption; the Planning and
Zoning Commission found it in compliance with the comprehensive plan and they, as
well as staff, recommended approval.
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There was no public input.
MOTION by Council Member McPartlan and SECOND by Council Member Dodd to approve
Ordinance No. 0-23-02 on first reading.
Roll call: Council Member Dixon - aye
Council Member Dodd - aye
Council Member McPartlan - aye
Mayor Jones - aye
Vice Mayor Nunn - aye
Motion carried. 5-0
A. Ouasi-Judicial Public Hearine of Resolution R-23-05 — Reauest for a Special Use
Permit — Mr. Clean Car Wash — 200 & 203 Sebastian Boulevard (Transmittal,
Report. Presentation. Letter & Data, Minutes, R-23-05)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, APPROVING A SPECIAL USE PERMIT PURSUANT TO LAND
DEVELOPMENT CODE SECTION 54-2-3.1 FOR A CAR WASH FACILITY TO BE
LOCATED AT 200 AND 203 SEBASTIAN BOULEVARD WITHIN THE TRIANGLE
OVERLAY DISTRICT'S CG (COMMERCIAL GENERAL) ZONING DISTRICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING
FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR AN EXPIRATION DATE.
The City Attorney read the title to Resolution No. R-23-05 and Mayor Jones opened the
public hearing at 6:29 p.m.
The City Clerk read ex parte statements from Mayor Jones, Vice Mayor Nunn, Council
Member Dodd and Council Member Dixon. (See attached) Council Member McPartlan
stated he met with Bill and Todd Brognano to listen to their ideas for the property.
The City Clerk swore in all who were to provide testimony.
Mary Solik, 121 South Orange Avenue, Suite 1500, Orlando, Florida introduced herself
as legal counsel for Guggenheim Development Services who is the applicant for the
project. She asked Council to take a fresh look at the project and went over the project's
location with a PowerPoint presentation. (See attached)
She noted the property has been vacant and unimproved for 20 years in the CRA district,
the project will bring an increased tax base, jobs and a service not currently provided.
She also said the project is consistent with the commercial general zoning and the mixed
use land use designation.
Sean McGovern introduced himself as the Chief Operating Officer of Carnett's
Management Company, the parent company of Mr. Clean Car Wash, and described how
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they will provide a different service in the car wash industry to protect people's
investments [their vehicles]. He said they are a strong advocate for the environment and
have found they spend 50 gallons of water per wash and they recycle 60% of that water.
Council Member Dodd asked if the 30% of the water not recaptured is run through
something like a baffle box to pull oil and things out. Mr. McGovern said they have set
up a trench to recapture the water and send it through clarifiers. The excess from the
tunnels will go to the sanitary sewer system; the exterior water will go to the pond to be
treated in accordance with the stormwater regulations.
Ms. Solik stated the City's Code does not permit or prohibit car washes so it must be
addressed as a special use. A special use is not specifically provided for in any zoning
regulations, however the Planning & Zoning Commission and City Council may permit such uses
and classifications only if the applicant meets specific provisions and conditions deemed
appropriate. She then went over the criteria for review. (See attached)
She noted conditions of approval could be added as noted in the resolution but she proposed to
combine some of those conditions and enhance some conditions listed on a handout she
distributed. She asked for approval. (See attached)
The Community Development Director said before them was a request for a special use car wash
located in the triangle overlay district. She noted the Planning & Zoning Commission made a
recommendation to City Council to deny the special use permit by a vote of 5-2. She asked them
to consider that the facility would not be consistent with the intent of the triangle redevelopment
goals as specified in the CRA Master Plan or comp plan.
Mayor Jones called for a recess at 7:04 pm to allow staff to address some technical difficulties and
reconvened the meeting at 7:13 pm. All members were present.
The Community Development Director continued to explain that any development that is
performed in the triangle should be considered if it will spur further redevelopment of the triangle
to achieve the small mixed use vision for that area. In summation, she said after consideration of
the findings of fact, Council may approve the request with conditions, without conditions, or deny
the request.
Mayor Jones asked the Community Development Director if she was comfortable with the new
conceptual drawings design of the building. She responded staff has only given the drawings a
preliminary look and she would not be comfortable stating they met the overlay district
regulations.
Council Member Dodd said the applicant indicated they were willing to work with staff on the
architectural design.
Council Member Dixon noted she did not care for the Mr. Clean mural on the tower.
Vice Mayor Nunn said the applicant is willing to work with the City on the hours and
architectural issues; he said he would like to keep working forward.
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Those in Favor of Reauest
Johnathan Rhodeback, 1565 US Hwy 1, representing Todd, William, and Daniel Brognano,
owners of property, described how the Brognanos are local business owners with mainstays in the
community. They believe the project conforms with the comp plan and the goals of the City. He
requested approval.
Those Against the Reauest
Bryson Arvanitis, owner of the Purple Pelican Car Wash, distributed a site analysis from Sonny's
Car Wash Factory indicating he is three car washes in one —a conveyer, an in -bay automatic and
self -serve. (See attached) He has always been considered an express car wash and found it
misleading to hear that express service hasn't been provided in the City. He offered to provide a
petition signed by residents saying that they didn't feel another car wash was needed.
Ron Adamson, Sebastian Car Wash, 509 US Highway 1, said if Council does not approve the car
wash they won't be setting a precedent. He presented a conceptual plan for a car wash in the
triangle in 1997 and was turned down.
Christopher Marine, owner of the City Suds Car Wash, said he opposed the special use permit
application. He said his company wasn't operating anywhere near capacity. He suggested when
it comes to car wash, they might ask what's enough, how many is too many, and when is it time
for one more. There are three car washes within the close proximity and he asked if Guggenheim
Development Services has made a compelling case to approve another car wash.
Patti Baisley, 442 Briarcliff Circle, said she agreed with everyone that there is no need for another
car wash.
Alan Baisley, 442 Briarcliff Circle, asked how many car washes 25,000 people can use; he noted
the surface runoff will go to the lagoon which is hyper sensitive and about 1800 gallons of
untreated water a day will stress the treatment plants with the oils and detergents. He said we
shouldn't push the environment to that extreme.
Mayor Jones closed the public input session at 7:44 p.m.
Ms. Solik thanked Council for their time and asked them to approve the application with the
alternate conditions.
Vice Mayor Nunn said he found a larger restaurant servicing an area near us uses about 480,000
gallons of water a month and the car wash will be 436,000 gallons with 280,000 gallons being
reclaimed. If it was a restaurant going in, people wouldn't complain about the water use. The car
wash is actually better for the environment.
Council Member Dodd said in the early 2000 there was a vision for the triangle and the Councils
in the 2000's destroyed it with the Firehouse Garage, paint store, and auto parts store. He noted
this application isn't inconsistent with what's been done within the triangle previously by
Councils as they approved those things. He said they can't pick winners and losers in market
place. As much as they talk about it being a different product, he was convinced it will be a
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detrimental impact to some of the existing businesses. He said he does agree with the six
conditions the City is asking for and should ask for additional buffering as they go through the
site plan process. He said he would support the special use application.
Council Member McPartlan also said the City shouldn't pick winners or losers. He said at home,
when you run the hose it is about 8 gallons a minute and for about 10 minutes, you will have used
80 gallons of water as opposed to the 50 gallons at the car wash. He noted the service industry
will probably use the car wash to keep their vehicles clean because their vehicle is their marketing
tool. He said he was in support of the special use with the conditions of approval and beefing up
the landscape buffer.
Council Member Dixon said while the business has a good track record and they are willing to
donate to the community, she didn't like putting the local businesses out that already live here.
She said one thing that she has always liked about Sebastian is that there weren't a lot of chain
businesses. She said she wasn't sure about the application.
Mayor Jones said he agreed the CRA has been destroyed however they can't kick out the VFW or
the American Legion. He said he thought it would be a great project.
Vice Mayor Nunn said he disagreed that it will hurt the other car washes in town; people will still
want to use the hand held spray car washes. He said he was in support of the project.
MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve
Resolution R-23-05 with the modification that special condition "a" be reworded to indicate a
reduction in the number of vacuum stations as indicated by the noise analysis.
Roll call: Council Member Dodd - aye
Council Member McPartlan - aye
Mayor Jones - aye
Vice Mayor Nunn - aye
Council Member Dixon - nay
Motion carried. 4-1
B. Ouasi-Judicial Public Hearinia of Resolution R-23-06 — Request for a Special Use
Permit — Take 5 Express Car Wash — 1979 U.S. HiLhwav #1 (Transmittal, Report.
Presentation, Minutes, R-23-06)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, APPROVING A SPECIAL USE PERMIT PURSUANT TO LAND
DEVELOPMENT CODE SECTION 54-2-3.1 FOR A CAR WASH FACILITY TO BE
LOCATED AT 1979 U.S. HIGHWAY #1 WITHIN THE RIVERFRONT OVERLAY
DISTRICT'S CR (COMMERCIAL RIVERFRONT) ZONING DISTRICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING
FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR AN EXPIRATION DATE.
This item was pulled from consideration.
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12. NEW BUSINESS
A. Resolution No. R-23-07 Acceptina the 4`h Ouarter Financial Report and
Recoenizin2 Necessary Amendments and Adiustments to the FY 2021-2022
Annual Budget (Transmittal, R-23-07, Report)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA RECOGNIZING CERTAIN ADJUSTMENTS TO THE BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30,
2022 AS PROVIDED FOR IN EXHIBIT "A'; PROVIDING FOR CONFLICTS;
PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN
EFFECTIVE DATE.
The Chief Financial Officer said the quarterly report provided budget changes to catch up
on things that happened at the end of the year; and, a synopsis of the general fund (page
211) summarizing the revenues and expenditures for the year to date. He noted the
revenues came in strong last year at 107% of the budgeted amount and the departments
only spent 92.8%.
He reviewed the stormwater fund summary which showed capital transfers were re -
appropriated into this year. The City no longer has any long term debt. With regard to
the airport fund and the building fund, he stated that there were increases in the ending
balances for those funds. He noted that there are still some projects from the previous
fiscal year needing to be re -appropriated to this year due to needed reports or permitting.
Mayor Jones asked if there was a balance on paving improvements. The Chief Financial
Officer explained another $120,000 was added that was due in December but has now
been paid off.
Council Member Dodd said if they look at the general fund where 92.8% was spent and
73.7% of the stormwater fund was spent, he didn't think it was indicative of normal
processing meaning people might think that we didn't need to raise taxes but this lack of
expenditures had a lot to do with staffing issues and the draw down on COVID.
MOTION by Council Member McPartlan and SECOND by Mayor Jones to approve
Resolution No. R-23-07.
There was no public input.
Roll call: Council Member McPartlan - aye
Mayor Jones - aye
Vice Mayor Nunn - aye
Council Member Dixon - aye
Council Member Dodd - aye
Motion carried. 5-0
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B. Consider the Natural Resources Board's Reauest to Sell Alcohol (Beer Only) at
the Uncomin2 Earth Dav Celebration in Riverview Park on Saturday. April 22nd
from 9:00am to 4:00nm (Transmittal, Proposal)
The City Manager said this was a request to sell beer to help attract people to attend the
event and raise funds for the Rotary Club.
Council Member McPartlan said he would like to hold off selling beer until noon. There
was discussion of bacon flavored beer.
There was no public input.
A MOTION was made to sell beer during the upcoming Earth Day Celebration.
Roll call: Mayor Jones - aye
Vice Mayor Nunn - aye
Council Member Dixon — aye
Council Member Dodd — aye
Council Member McPartlan - aye
Motion carried. 5-0
C. Review and Discuss Ordinance No. 0-21-03 Mobile Food Establishments and
Criteria for Temnorary Uses (Transmittal. 2021 Transmittal. F.S.509.102. FDACS
Reauirements)
The City Manager said because the state closed bars during COVID, staff drafted an
ordinance to allow bars to be able to sell food using food trucks and now there is a vendor
that would like to stay in one place longer for more than two days.
Vice Mayor Nunn asked if more days were added, would it put the City in conflict with
the state. The City Manager said it would not. Vice Mayor Nunn asked how many days
the other members would be willing to allow for a food truck to sit.
Mayor Jones said he didn't have any problem with an additional day.
Council Member Dodd said he could support allowing a truck to sit for three days.
Council Member Dixon said while the trucks are an enhancement, they don't have to pay
as many fees as the stand alone businesses. She said she would like to leave it at two.
Council Member McPartlan said he was happy with the way it is. He mentioned that his
barber was in favor of increasing the days until he asked the barber if he would like to
have a mobile barber pull up. He suggested they receive more input from the Chamber of
Commerce businesses.
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Legny Sanchez, owner of the food truck on CR512, said she would like to see where the
community stands on this. She noted it costs a lot of money and time to move the food
truck and many people don't have time to go to restaurants. She submitted a petition of
people's signatures that would like to see the ordinance changed. (See attached)
Jim Sullivan said there are market consequences to changing the standard noting the
brick and mortar establishments have made significant capital investments to have a
location. He asked Council to move slowly in allowing more trucks.
Louise Kautenburg, Sebastian, said it would be arbitrary and capricious to allow a food
truck to stay more than 3 days.
MOTION by Vice Mayor Nunn and SECOND by Council Member Dodd to change from
2 to 3 days, which keeps the City in a situation where they can control long term food
trucks and avoid long term issues and provide the food truck an opportunity not to move
as much.
Roll call: Vice Mayor Nunn - aye
Council Member Dixon - nay
Council Member Dodd - aye
Council Member McPartlan - nay
Mayor Jones - aye
Motion carried. 3-2
D. Review and Discuss the Strategic Plan Process (Transmittal, Summary,
Performance Measures. Survev)
The City Manager said this process was started to look at staffing and put measures in
place to see how the City was doing business. The second aspect was a community
survey was completed to put together a booklet. What happened was the process went
over budget. He apologized and advised that he did contact the Treasure Coast Regional
Planning Council (TCRPC) to set up the final step with Council workshops.
Council Member McPartlan said this step was not what he voted for in 2019. He asked
how much more it was going to cost to receive a strategic plan. The City Manager said it
would depend on the TCRPC.
Council Member McPartlan said when it came before Council in 2019, he thought they
would receive an actual strategic plan. He replayed the video of the 2019 approval and
asked what happened.
Council Member Dodd said he did an investigation on his own and met with David
Harrowood last summer where he advised them what they were doing wasn't a strategic
plan and was very disruptive to staff. He said the best thing they could do was to bring in
someone who could actually do a strategic plan.
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Vice Mayor Nunn said the money spent provided a good outlook of what the citizens
think about our City but he agreed it wasn't a strategic plan and they should work with
the TCRPC.
Council Member Dixon asked why the City didn't look into the TCRPC back then.
It was the consensus of Council to cancel the contract with David Harrowood and
continue pursuing a contract with the TCRPC.
Council Member Dodd said this exposed something they need to talk about. Council
doesn't really receive information on active projects --what is being worked on and
scheduled. He said he would like to receive a quarterly report on active projects.
Mayor Jones agreed, he requested consensus from Council to let the City Manager know
that they would like to see a quarterly report to respond to citizen questions. The City
Manager said he could absolutely provide this.
Council Member McPartlan said the first project he would like to see a report on is the
stormwater master plan because April will be two years since they voted on $700,000 and
he was getting nervous that the plan isn't going to be what he expected.
Discussion followed on holding an informal workshop, once a quarter, to discuss the
projects with Council.
E. Resolution No. R-23-03 — Charter Officer Evaluation Procedure (Transmittal, R-
21-04. R-23-03)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, ESTABLISHING PROCEDURES FOR CHARTER OFFICERS FOR
GOAL SETTINGS, EVALUATIONS, WAGE ADJUSTMENTS OR OTHER
INCREASES IN COMPENSATION, AND RE -NEGOTIATIONS OF EMPLOYMENT
AGREEMENTS; REPEALING RESOLUTION NO. R-21-04, IN ITS ENTIRETY;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read the title to Resolution No. R-23-03. The City Manager said this
resolution included the changes they requested along with a provision in section three
that the Charter Officers' salary could be negotiated at a different rate than the bargaining
unit.
Council Member Dodd said under this resolution, unless the officers ask for a contract
renegotiation, they don't have a provision to do it. He also suggested doing the Charter
Officer evaluations right now to expedite the salary increases since the City Attorney is
leaving.
The City Attorney offered to meet with each of the members to discuss additional
changes. Council Member McPartlan said the contracts should reflect the same except
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for the name and compensation with no more City vehicles. Mayor Jones said specifics
could be handled during negotiations with Council input.
MOTION by Council Member Dodd and SECOND by Council Member Dixon to table
resolution R-23-03 and direct the City Manager and the HR Director to expedite the
officer evaluations within the next two weeks and two weeks after; the Mayor would start
contract negotiation changes.
Roll call: Council Member Dixon - aye
Council Member Dodd - aye
Council Member McPartlan - aye
Mayor Jones - aye
Vice Mayor Nunn - aye
Motion carried. 5-0
13. CITY ATTORNEY MATTERS
The City Attorney said they met earlier pursuant to F.S.447.605(1) so the City Manager
could receive direction to move forward with negotiations. The next negotiation is set for
February 28 at which time he will bring back information to Council.
A. Interim Attornev Ubdate
He reported that he has three candidates that he plans to bring to them on March 8. Two
are individual attorneys and one is a law firm. He asked if they were interested in a law
firm and if they would like to hear presentations from the candidates on March 8 for the
interim position.
It was the consensus of Council to have them make presentations since they could be
serving for six months or longer.
14. CITY MANAGER MATTERS
The City Manager said we have opened bids with Waste Management who was the only
response to the request for proposal. The costs are higher and staff would like the public
to have the opportunity to provide input on universal or subscription service. He
suggested having two Council workshops on Monday, March 6.
Council Member McPartlan suggested having a special meeting after the workshops
because they might have to go out for a rebid. Vice Mayor Nunn cautioned the current
contract is about to end and there might not be enough time. It was the consensus of
Council to have two workshops on March 6.
The City Manager said there is a $2,500 budget for about five or six mini floating reefs.
He asked to get the word out that the money is available for those that have docks.
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Regular City Council Meeting
February 22, 2023
Page 13
15. CITY CLERK MATTERS - None
16. CITY COUNCIL MATTERS
A. Council Member McPartlan - None
B. Mayor Jones - None
C. Vice Mayor Nunn - None
D. Council Member Dixon - None
E. Council Member Dodd - None
17. Being no further business, Mayor Jones adjourned the Regular City Council meeting at 9:16 p.m.
Approved at the March 22, 2023 Regular City Council Meeting.
Mayor Fred Jones
ATTEST:
Jeanette Williams, City Clerk
83 of 457
on CY
SEBASTI
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
NEW WASTE MANAGEMENT RATES WORKSHOPS
MONDAY, MARCH 6, 2023 -1:00 to 2:00 PM
MINUTES
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. Mayor Jones called the workshop to order at 1:00 p.m.
2. A moment of silence was held.
The Pledge of Allegiance was recited.
4. ROLL CALL
Mayor Fred Jones
Vice Mayor Chris Nunn
Council Member Kelly Dixon
Council Member Ed Dodd
Absent:
Council Member Bob McPartlan (excused)
Staff Present:
City Manager Paul Carlisle
City Attorney Manny Anon, Jr.
City Clerk Jeanette Williams
Administrative Services Director/CFO Ken Killgore
Procurement Manager Don Wixon
WORKSHOP ITEM
A. Discuss the New Contract Prouosal from Waste Manaaement
The City Manager said Waste Management has been providing solid waste collection for 15 years
and the rates have increased based on CPI. The contract expires in July with no extensions. In
putting it out to bid, Waste Management was the only response with the following service
options:
o Subscription with garbage twice a week, yard waste once a week and on call for
bulk. It can be stopped and started any time for $42.00 a month
o Subscription with garbage once a week, yard waste once a week and on call for
bulk for $27.75 a month
o Universal with garbage twice a week, yard waste once a week and on call for
bulk goods for $29.74 a month
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Waste Management Rate Increase Workshop
March b, 2023 — 1:00 p.m.
Page 2
1: 09 pm
o Universal with garbage once a week, yard debris once a week and on call for
bulk goods for $19.45 a month
He noted the rates are not that far off from some of the surrounding communities. He said the
customer has the opportunity to choose the size of bin they would like to use. He asked for input
from Council and the public.
The City Manager added there are 12,400 residential units in Sebastian with a little over 9,000
subscriptions.
Public Innut
Donald Sandos, 722 Yearling Trail, asked if they are charged more to live in a gated community
and what would be the rate for one day a week. The City Manager said it would not be more if
someone lives in a gated community and for one day a week it would be universal at $19.45 and
subscription would be $27.75 a month.
Richard Lewis said since they are already paying for a transfer station, he didn't feel it was
responsible to force citizens to have garbage pickup.
Mike Clifford said he would support a once a week trash pickup.
Sherrie Matthews said the City has established a level and expectation of service. She said Waste
Management doesn't show up when they are supposed to. She said they are upping the cost and
all the residents want is the service that they're currently paying for.
Mike Zappalla, 350 Benschop Street, said he has a list of emails regarding missed pickups and
excuses. He said while Sebastian is growing, the lots are filling up on streets that are already
being serviced. He noted Waste Management claims inflation is hurting them but their profits are
going up.
Vice Mayor Nunn explained that Waste Management was the only bidder and as a government
entity we are required to consider the bids that were submitted. He also noted there are penalties
for missed routes and Waste Management recently added four new trucks and cans to solve some
of the issues. He asked for opinions on the options before them rather than their lack of service.
Council Member Dodd said they were there to speak on anything having to do with Waste
Management.
Susan Petersen, Del Monte Road, said she worked in procurement for 20 years and suggested if
the contract term is short, they might receive more interested bidders upon renewal. The City
Manager advised shorter contracts generally increase the price; the longer term will allow Waste
Management to invest in new trucks.
In response to Vicky Tunker, Mayor Jones explained universal was one price across the board.
Mike Zappalla asked if there was remediation if Waste Management failed to uphold their
contract.
David Cherry said there should be a universal charge for everyone.
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Waste Management Rate Increase Workshop
March 6, 2023 — 1:00 p.m.
Page 3
Darlene Schwartz, Sandcrest
Manager responded that the
capped at 3%.
Circle, asked if the prices would be set for 7 years. The City
contract would have an annual Consumer Price Index increase
Linda Dugray asked about bulk pickup. Mayor Jones said that would still be available. She said
she would like a once a week subscription.
Don Sandos asked what it would be if people went to the landfill themselves. Council Member
Dixon explained that if he were to drive it himself, that would fall under the subscription service
at $42 a month.
Don Sandos asked if enough people said they didn't want service, would the rates go up. The
City Manager said it would be a higher price.
Walter Husak asked who collects the universal fee. The City Manager said the fee would go on
the non -ad valorem tax bill and the City would pay Waste Management.
In response to Vicky Tunker's question about recycling, Mayor Jones said the recycling is not
part of the contract.
David Cherry said he lives by Hardee Park where people who don't want to subscribe to service
dump their trash in the park's trash cans.
Council Member Dodd said if they think about universal, it has the City becoming the entity with
Waste Management subcontracting for the service. He said part of the issue is to have the City
set up a problem reporting system on Waste Management and let the City deal with Waste
Management and maybe even make that a basis for liquidated damages.
He said if they stay with the subscription service, that means the 75% of the residents will receive
a $13.33 per month increase in their cost —almost doubling. So they are doubling the cost
because the other percentage don't want universal and he wasn't sure if that was a valid reason to
do that. He said he was a proponent of universal service because it was the fairest way, cheapest
rate and the least intrusive for those that already pay for subscription service.
Vice Mayor Nunn said it was hard to make a decision against 75% of the people when it will
benefit 75% of the people which is $9.00 a month more. He said Indian River County is looking
to do their contract soon and asked what happens if they get rid of convenience centers. The City
Manager said the County doesn't plan to get rid of the centers.
Vice Mayor Nunn said given the cost of life around us, it makes sense for this increase. He said
the benefits of universal is that people get to complain to the City and right now 17% of the
customers are shut down because of non-payment so the City would have to cover the cost. He
asked if the City will have to hire an employee to handle the calls. The City Manager said under
the contract Waste Management will have to keep log of the complaints and report back to the
City. He also noted the trucks will have video to determine if the truck missed a customer to
assist with the complaints.
Council Member Dixon said there are a lot of people on fixed income who are unable to take the
trash to the landfill themselves so universal is the only way to stay within their fixed budgets.
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Waste Management Rate Increase Workshop
March 6, 2023 — 1:00 p.m.
Page 4
She said she did ask if a family could put out two cans at once for a one time pickup and that
would be possible for a one-time fee.
She said Waste Management has 98 contracts in the state of Florida and nine are subscription
service; with three of those in Indian River.
She said she is aware of the inconsistent service and has found out within the last month an extra
route was added to Sebastian which has improved the service.
Mayor Jones closed the meeting by saying there would be another session at 5:00 pm; this was a
difficult decision and receiving the public's input was very important. He encouraged people to
come out so Council can hear them.
Being no further business, Mayor Jones adjourned the Waste Management rates workshop at 1:55 p.m.
Approved at the March 22, 2023 Regular City Council Meeting.
Mayor Fred Jones
ATTEST
Jeanette Williams, City Clerk
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CDCF
5-93ASTL
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
NEW WASTE MANAGEMENT RATES WORKSHOPS
MONDAY, MARCH 6, 2023 - 5:00 to 6:00 PM
MINUTES
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Jones called the workshop to order at 5:00 p.m.
2. A moment of silence was held.
3. The Pledge of Allegiance was recited.
4. ROLL CALL
Mayor Fred Jones
Vice Mayor Chris Nunn
Council Member Kelly Dixon
Council Member Ed Dodd
Council Member Bob McPartlan
Staff Present:
City Manager Paul Carlisle
City Attorney Manny Anon, Jr.
City Clerk Jeanette Williams
Administrative Services Director/CFO Ken Killgore
Procurement Manager Don Wixon
Police Lt. Constantine Sawidis
5. WORKSHOP ITEM
A. Discuss the New Contract Proposal from Waste Management
The City Manager said Waste Management has been providing solid waste collection for 15 years
and the rates have increased based on CPI. The contract expires in July with no extensions. In
putting it out to bid, Waste Management was the only response with the following service
options:
Subscription with garbage twice a week, yard waste once a week and on
call for bulk. It can be stopped and started any time for $42.00 a month
Subscription with garbage once a week, yard waste once a week and on
call for bulk for $27.75 a month
Universal with garbage twice a week, yard waste once a week and on call
for bulk goods for $29.74 a month
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Waste Management Rate Increase Workshop
March 6, 2023 — 5:00 p.m.
Page 2
• Universal with garbage once a week, yard debris once a week and on call
for bulk goods for $19.45 a month
He said there are 12,400 residential units and about 9,000 are subscribers. He said about 4,500
residents are paying through auto pay. He cited what the surrounding communities are paying.
He said if they go with one pickup there is an option to pay a one-time fee for an additional can;
and there are no rate increases except for an annual CPI which is capped at 3%. He said they
need to make a decision on which way to go and asked for input.
Vice Mayor Nunn asked that as people approach the podium to let them know how many pickups
they would like and whether they would like the universal or subscription service.
Public Innut
John Sandos said he would prefer universal for a once a week pickup.
Nate McCollum, 1448 Laconia Street, said he would prefer the subscription service for one time a
week and no matter what they decide, not everyone will be happy. The increases are expected
but this is the same company that put on a $20M golf tournament in Phoenix, Arizona.
He said if this is put on the tax bill, it becomes an additional expense for those trying to keep their
costs down which are the exact people that are looking for affordable housing. It would be better
for those people to have a choice because they may drive their trash to the dump to keep their
expenses low.
Mr. McCollum said while he was not in favor of universal but if they decide to go universal, he
asked Council to rebid the proposal because if companies know what their guaranteed income
will be coming in there might be more competition.
Vice Mayor Nunn said the request for proposal we went out with our recommendations and that
was what was bid. The City Manager said we did ask for both universal and subscription service
because we didn't know where Council was going.
JoAnne White, Easy Street, said she was for the subscription service at one time a week.
Heather Winne, said she was in favor of the one time a week subscription. She asked if there
were fines would be returned back to the City and citizens. The City Manager said the fines
would go back into the general fund.
Pat Meskell, Cownie Lane, asked why no one else bid on the proposal. The City Manager said
Waste Pro did not want to do a commercial audit and wanted to do rear load service. Republic
asked not to bid the whole contract.
Ms. Meskell stated that Waste Management's financials indicate they have high debt load but
they have an increasing stock price. She said she would like to see subscription service for once a
week with a penalty if they don't show.
Grace Reed, Sebastian, noted the 6% franchise fees are not included in the prices talked about
today. The City Manager said the universal service will be on the tax roll to ensure everyone is
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Waste Management Rate Increase Workshop
March 6, 2023 — 5:00 p.m.
Page 3
paying their share. Ms. Reed noted that once something gets on the tax roll it stays there forever
and increases because there is no competition. She asked if she would receive a bill for July to
December. The City Manager said the residents would receive invoices for July until September
30 and the tax bill would take over from October 1, 2023 to September 30, 2024.
Ms. Reed cited the contract that, "The City reserves the right to pay part of the invoice" and asked
what would be the justification to only pay a portion of the bill. The City Manager explained that
we can deduct the fines or fees out of the bill.
She said it was a good idea if the City continues to take the complaints about the service to make
sure the complaints are logged. She asked what the City would be doing will all of the fine
money and closed by saying she would like to go with subscription service, one time a week.
Richard Henry, 101 Ogden Avenue, said he has never had any trouble with Waste Management
and asked if others have had the contract. He said he preferred once a week service for garbage
and once a month for yard debris.
Linda Lohsl, Clearmont Street, said she preferred once a week subscription service if Waste
Management shows up. She said the last time she called they said it was the first time that she
called but that wasn't true. She has had nothing but trouble. She suggested that the some of the
businesses in town should be looked at. She lives near a business owner that who rolls his bins
from his business to his house four to five times a week to avoid paying the commercial fee. She
asked if that was fair to rest of the citizens. She said she was for the once a week subscription
and make it mandatory for the businesses.
Marc Maison said recently his taxes and homeowners insurance have gone up $600 each which is
a major impact but wages haven't gone up. He said earlier in the meeting it was mentioned that
there will be new trucks but there is nothing about that in the contract. He pointed out that
Sebastian is already paying $10 more than Indian River County so the last house on Barber Street
will pay Sebastian's rate and the very next house will be in the County for $10 less which is not
fair.
In response to Mr. Maison, the City Manager said the annual CPI increase would be what is
approved by City Council; the trucks will have computers to tell if someone has paid their bill;
and the 7% franchise fee will come back to the City into the general fund.
He said he wanted the ability to choose the service and asked why the franchise fee money
couldn't subsidize the older folks in town. He said yesterday he saw people putting food back on
the shelves because they can't afford things. He said he favors the subscription service for once a
week.
Gary James, 482 Orange Avenue, said when he went to bring his trash can back in, he found they
missed his street again. He said it wasn't fair as there are a lot of people that aren't happy. He
would like to have the contract rebid.
MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to extend the workshop
until there is no longer any input.
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Waste Management Rate Increase Workshop
March 6, 2023 — 5:00 p.m.
Page 4
Vice Mayor Nunn said when he recently went to the Florida League of Cities conference, there
were 8-10 garbage companies that assured him they would bid. He noted that the City can't force
someone to bid. They are trying to make the best choice for everyone.
Sharon Herman, Sebastian, said she was for the subscription once a week. She asked why the
City didn't provide the commercial audit. The City Manager responded that it is incumbent upon
the contractor to survey what the businesses need.
Ms. Herman asked why the City can't reduce or eliminate the franchise fee. She said the $30.00
is a lot of money for some and maybe two or three neighbors could get together and make a once
a week trash dump on their own.
Darlene Cooper, 136 Kildare Drive, said she was for the once a week subscription. She said she
was concerned if someone doesn't pay their bill their trash would sit out attracting maggots and
everything else.
Council Member Dodd said Waste Management has a grace period and process for non-payment.
Vice Mayor Nunn said there is a screen in their trucks that tell the driver which houses to pick up
or not. This is part of their concern for going to the universal service.
Himanshu H. Mehta, PE, Managing Director, Indian River County Solid Waste Disposal District,
said he manages all of the waste that comes to the convenience centers. He applauded Council
for going through this process; they have begun the process for renewing their contract.
Mr. Mehta shared that one of the challenges they are still finding in 2023 that cost is still a factor
and the recycling is a universal charge on the assessment program. Because of subscription
program they have found that residents are using the recycling for garbage which contaminates
the recycling. It is a continuous challenge and they have taken the recycling cart away if the
resident continues to use it.
6: 21 pm
He said they don't plan to make any changes to the convenience centers and still plan to offer the
cardboard and Styrofoam recycling.
Marc Maison said given there are 17% of residents that are not on subscription and there aren't
rats and maggots through the town, a forced subscription shouldn't be a factor in this decision.
Dennix Haddix, Woodstork Way, said there needs to be a more granule approach since they are
used to the subscription and once a week would be great if they did pick it up. If they are going
to keep the subscription there should be a benefit for auto pay. They should make it more
enticing for the consumer. He said the 3% increase will grow each year. He asked them to keep
this mind as they make their next steps.
Zoom
Nelson McCollum, 554 Gossamer Wing Way, said he was for the subscription service; the
current system seems to be working fine whether someone picks up the garbage or they take it to
the dump themselves. In this inflation time they are in, he asked them not to inflict any more
financial burden on the residents.
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Waste Management Rate Increase Workshop
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Page 5
Council Member Dodd said he was skeptical because it seems to him the majority is being driven
by the minority again. The people who don't want to pay a hundred dollars more per year to have
their trash picked just because the minority are asking for us not to go universal and for that
reason he wasn't sure they are ready to make this decision. He suggested they might have to go
out to referendum and use a short term contract in the meanwhile. He said he wasn't ready to
make a decision.
He said the Council may want to discuss the franchise fee which comes into the City's general
revenue fund and other options until they make a decision.
Mayor Jones agreed they may want to take a look at franchise fee. The City Manager said it has
always been in the contract.
Vice Mayor Nunn noted the universal service would be on the residents' tax bill but it wasn't a
tax; the City would just be using the billing system.
Council Member Dixon said the 30% of the residents that aren't subscribers could be part time
residents or take their trash to the dump as part of their routine. She said there was a lot to
consider.
Council Member McPartlan said the problem is that Sebastian is known as subscription city that
is why there was only one bid. He asked if it was possible to extend the contract to get in line
with the County's renewal so we can do it together at the same time.
Vice Mayor Nunn noted the ADA back door pickup would be available in the new contract.
Council Member Dodd asked the City Manager to come back with information about a survey to
receive a larger representation of the public.
For the benefit of the public, Council Member Dodd announced that they were getting ready to
raise the cost from $14.00 to $27.00 and they should contact the City.
The City Manager said he would check into survey possibilities and what could be done with
Waste Management in the meantime.
6. Being no further business, Mayor Jones adjourned the workshop at 6:48 p.m.
Approved at the March 22, 2023 Regular City Council Meeting.
Mayor Fred Jones
ATTEST.•
Jeanette Williams, City Clerk
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I) A
SEB- -- T
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: March 22, 2023
Agenda Item Title: ATTACHMENT E-7 RESOLUTION FOR ASSISTANCE 2023 UNDER
THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS
ASSISTANCE PROGRAM - NORTH COUNTY MARINE LAW
ENFORCEMENT FACILITY
Recommendation: Approve ATTACHMENT E-7 RESOLUTION FOR ASSISTANCE 2023
UNDER THE FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM - NORTH COUNTY
MARINE LAW ENFORCEMENT FACILITY
Background: The City is pursuing a grant from the Florida Inland Navigation
District (FIND) to assist with the funding for a project entitled NORTH COUNTY MARINE LAW
ENFORCEMENT FACILITY in the amount of $100,000.
The Florida Fish and Wildlife Conservation Commission (FWC), Indian River County Sheriff Department
(IRC) and the City of Sebastian Marine Law Enforcement agencies are seeking a safe haven for their
emergency vessels to aid in the public's health, safety, and welfare along the navigable waterways. Current
accommodations are no longer available at no charge forcing many of the vessels to be dry docked until an
emergency arises, adding precious time to aid public emergencies on the water. Existing City facilities will be
altered to accommodate law enforcement marine vessels including fencing, lighting, cameras, signage, lock
boxes etc. to provide efficient and timely emergency services to the public.
Currently the City maintains a 26-slip docking facility, Twin Piers, which is available for temporary mooring
of vessels. The City proposes to modify the eastern 6 slips to accommodate the marine law enforcement
vessels. Minor changes to the existing Submerged Land Lease will be pursued with the FDEP. At this time,
the IRC Sherriffs Department, FWC, and the Sebastian Marine Patrol are supportive and grateful for this
opportunity to provide this important service to the public from an accessible facility. Our partners in this
project, IRC Sherriffs Department and FWC have committed to provide the required 50% funding match for
the grant. All parties recognize the importance of securing a permanent home for this necessary facility.
Application for the grant is due March 27, 2023 and requires an official resolution in the District format,
Form No. 90-21.
If Agenda Item Requires Exaenditure of Funds:
Budgeted Amount: NA
Total Cost: $100,000;
Funds to Be Utilized for Appropriation: $50,000 Grant Funding/$50,000 partner agencies
93 of 457
Attachments:
1 _ ATTACHMENT E-7 RESOLUTION FOR ASSISTANCE 2023 UNDER THE FLORIDA
INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM - NORTH
COUNTY MARINE LAW ENFORCEMENT FACILITY
lilt
Administrative Services Departm R ew: k--
City Attorney Review:
Procurement Division vi if apph ble:
City Manager Authorization:
Date: N �- `
94 of 457
ATTACHMENT E - 7
RESOLUTION FOR ASSISTANCE 2023
UNDER THE FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
WHEREAS, THE CITY OF SEBASTIAN, FL is interested in carrying out the
following described project for the enjoyment of the citizenry of SEBASTLAN
and the State of Florida:
Project Title NORTH COUNTY MARINE LAW ENFORCEMENT FACILITY
Total Estimated Cost S 100, 000
Brief Description ofProiect: State, County and City Marine Law Enforcement agencies are seeking a
safe haven for their emergency vessels to aid in the public's health, safety, and welfare along the
navigable waterways. Current accommodations are no longer available at no charge forcing many of
the vessels to be dry docked until an emergency arises. Existing City facilities will be altered to
accommodate law enforcement marine vessels including fencing, lighting, cameras, signage, lock
boxes etc. to provide efficient and timely emergency services to the public.
AND, Florida Inland Navigation District financial assistance is required for the program
mentioned above,
NOW THEREFORE, be it resolved by the CITY OF SEBASTIAN
(Name of Agency)
that the project described above be authorized,
AND, be it further resolved that said CITY OF SEBASTIAN _
(Name of Agency)
make- application to the Florida Inland Navigation District in the amount of 50% of the
actual cost of the project in behalf of said CITY OF SEBASTIAN
(Name of Agency)
AND, be it further resolved by the CITY OF SEBASTIAN
(Name of Agency)
that it certifies to the following:
That it will accept the terms and conditions set forth in FIND Rule 66B-2
F.A.C. and which will be a part of the Project Agreement for any assistance awarded under
the attached proposal.
2. That it is in complete accord with the attached proposal and that it will carry out
the Program in the manner described in the proposal and any plans and specifications attached
thereto unless prior approval for any change has been received from the District.
(1)
Form No. 90-21 (Effective date 12-17-90, Rev. 15-� 6M57
3. That it has the ability and intention to finance its share of the cost of the project
and that the project will be operated and maintained at the expense of said CITY OF
SEBASTIAN for public use.
4. That it will not discriminate against any person on the basis of race, color or
national origin in the use of any property or facility acquired or developed pursuant to this
proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of
1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes
relating to accessibility by persons with disabilities as well as other federal, state and local
laws, rules and requirements.
5. That it will maintain adequate financial records on the proposed project to
substantiate claims for reimbursement.
6. That it will make available to FIND if requested, a post -audit of expenses
incurred on the project prior to, or in conjunction with, request for the final 10% of the
funding agreed to by FIND.
This is to certify that the foregoing is a true and correct copy of a resolution duly and
legally adopted by the CITY OF SEBASTIAN CITY COUNCIL at a legal meeting
(Agency Governing Board)
held on this 22ND day of MARCH 2O23.
The forgoing Resolution was moved for adoption by Council Member
The motion was seconded by Council Member
the vote was as follows:
Mayor Fred Jones
Vice Mayor Chris Nunn
Council Member Kelly Dixon
Council Member Ed Dodd
Council Member Bob McPartlan
(2)
and, upon being put to a vote,
Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92)
96 of 457
The Mayor thereupon declared this Resolution duly passed and adopted this Vd day of March 2023.
ATTEST:
Jeanette Williams, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
LM
Mayor Fred Jones
Approved as to Form and Content for
Reliance by the City of Sebastian Only:
Andrew Mai, Interim City Attorney
(3)
Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92)
97 of 457
kin LN
SEBASTM
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetint-, Date: March 22, 2023
A,_,enda Item Title: ATTACHMENT E-7 RESOLUTION FOR ASSISTANCE 2023 UNDER
THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS
ASSISTANCE PROGRAM -WORKING WATERFRONT EXTENSION
Recommendation: Approve ATTACHMENT E-7 RESOLUTION FOR ASSISTANCE 2023
UNDER THE FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM -WORKING WATERFRONT
EXTENSION
Background: The City is pursuing a grant from the Florida Inland Navigation
District (FIND) to assist with the funding for a project entitled WORKING WATERFRONT
EXTENSION in the amount of $120.000.
The City of Sebastian and the Fisherman's landing Sebastian (FLS) are working together to secure
necessary funding in order to expand the Working Waterfront facilities and secure safe harbor for
our commercial and aquaculture industry. Currently, commercial fishing vessels and aquaculturalist
are at risk of losing a place to conduct business here in Sebastian and along the east coast of Florida.
Many existing marina facilities are no longer interested in accommodating commercial fishing
vessels in exchange for more lucrative and smaller space for recreational vessels.
Several compelling reasons support the City's desire to expand this facility, including:
1. Economic importance of the Industry to the State of Florida.
2. Very few locations along the east coast available for commercial fishing vessels to offload,
distributors to load, and aquaculturist to process.
3. City of Sebastian's commitment to expanding working waterfront facility in order to secure the
viability of the historic industry in the City.
4. Incompatible uses pushing out the industry. Recreational fishing/boats and private marinas/slips.
5. Aquaculture industry beneficial to the water quality of the Lagoon.
6. Location close to Sebastian Inlet allows for easy access to Atlantic.
7. Importance of the "Fresh from Florida" campaign.
8. Fishing industry mainly family owned and part of the heritage of Florida.
The City recognized that the existing facilities at the Fisherman's Landing Working Waterfront Park is
smaller in size than adjacent private marinas along the Sebastian waterfront and has taken steps with the
Florida Department of Environmental Protection (FDEP) to expand the existing Submerged Land Lease, The
FIND grant will provide the opportunity to expand the docks and slips necessary to accommodate the ever
expanding need for more slip space for the commercial fisherman and our existing clam and oyster
aquaculture farms. The grant funding will provide assistance for Phase I of the project which will include all
permitting and design, including the submerged land lease extension and bid documents.
Application for the grant is due March 27, 2023 and requires an official resolution in the District format,
Form No. 90-21.
99 of 457
If Menda Item ReQuiures Exaenditure of Funds:
Budgeted Amount: $40,000.00 CRA Budget
Total Cost: $120,000
Funds to Be Utilized for Appropriation: $60,000 Grant 1~unding/$40,000 CRAI$20,000 DST
Reserves
Attachments:
1. ATTACHMENT E-7 RESOLUTION FOR ASSISTANCE 2023 UNDER THE FLORIDA
INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM
WORKING WATERFRONT EXTENSION
Adirninistrative Services
City Attorney Review:
Procurement Division
City Manager Authorization: 41J
Date: 2 ((�
2
yrd /A//A---
v
100 of 457
ATTACHMENT E-7
RESOLUTION FOR ASSISTANCE 2023
UNDER THE FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
WHEREAS, THE CITY OF SEBASTIAN, FL is interested in carrying out the
following described project for the enjoyment of the citizenry of SEBASTIAN
and the State of Florida:
Project Title WORKING WATERFRONT EXTENSION
Total Estimated Cost $ 120,000.00
Brief Descrintion of Protect: Expansion of the Working Waterfront submerged land lease and
commercial fishing dock to accommodate additional commercial fishing vessels and aquaculture to
support the continued history and economic viability of Sebastian's commercial fishing industry.
Phase I grant application to support the permitting and design of this project.
AND, Florida Inland Navigation District financial assistance is required for the program
mentioned above,
NOW THEREFORE, be it resolved by the CITY OF SEBASTIAN
(Name of Agency)
that the project described above be authorized,
AND, be it further resolved that said CITY OF SEBASTIAN
(Name of Agency)
make application to the Florida Inland Navigation District in the amount of 50% of the
actual cost of the project in behalf of said CITY OF SEBASTIAN
(Name ofAgency)
AND, be it further resolved by the CITY OF SEBASTIAN
(Name of Agency)
that it certifies to the following:
1. That it will accept the terms and conditions set forth in FIND Rule 6613-2
F.A.C. and which will be a part of the Project Agreement for any assistance awarded under
the attached proposal.
2. That it is in complete accord with the attached proposal and that it will carry out
the Program in the manner described in the proposal and any plans and specifications attached
thereto unless prior approval for any change has been received from the District.
(1)
Form No.90-21 (Effective date 12-17-90, Rev. 1(114C 57
3. That it has the ability and intention to finance its share of the cost of the project
and that the project will be operated and maintained at the expense of said CITY OF
SEBASTIAN for public use.
4. That it will not discriminate against any person on the basis of race, color or
national origin in the use of any property or facility acquired or developed pursuant to this
proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of
1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes
relating to accessibility by persons with disabilities as well as other federal, state and local
laws, rules and requirements.
5. That it will maintain adequate financial records on the proposed project to
substantiate claims for reimbursement.
6. That it will make available to FIND if requested, a post -audit of expenses
incurred on the project prior to, or in conjunction with, request for the final 10% of the
funding agreed to by FIND.
This is to certify that the foregoing is a true and correct copy of a resolution duly and
legally adopted by the CITY OF SEBASTIAN CITY COUNCIL at a legal meeting
(Agency Governing Board)
held on this 22ND day of MARCH 2O23.
The forgoing Resolution was moved for adoption by Council Member
The motion was seconded by Council Member
the vote was as follows:
Mayor Fred Jones
Vice Mayor Chris Nunn
Council Member Kelly Dixon
Council Member Ed Dodd
Council Member Bob McPartlan
(2)
and, upon being put to a vote,
Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92)
102 of 457
The Mayor thereupon declared this Resolution duly passed and adopted this 22nd day of March 2023.
ATTEST:
Jeanette Williams, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
Mayor Fred Jones
Approved as to Form and Content for
Reliance by the City of Sebastian Only:
Andrew Mai, Interim City Attorney
(3)
Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92)
103 of 457
'In"
SEBASTIAN
Zft�
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetina Date: March 22, 2023
Agenda Item Title: True North debris monitoring change order for FEMA documentation
Recommendation: Staff recommends Council approve the change order for an additional
$5,127.50 in order to close-out all Hurricane Ian debris removal purcha ping
documentation as required by FEMA.
Background: On September 23'd the State of Florida declared a state of Emergency for
Hurricane Ian. The City of Sebastian declared a local state of emergency on September 26" `, 2022 and in the
following council meetings approved the removal of yard and vegetative debris citywide. The Public Works
Department coordinated with True North (Neel -Schaffer Inc.) per their disaster debris monitoring agreement
that has been in place since 2010 and then extended in 2020. The terms of their agreement continues thro-agh
April 30, 2025. As with any debris removal that is to be approved and partially or fully refunded by FEMA, a
monitor must be present to document all debris collected and removed in order to confirm quantities and
costs. An initial notice to proceed with the value of $22,000 was approved considering monitoring for 2,000
cubic yards of debris removal was issued on October 19, 2022. Through the process it became evident that
the 2,000 Cubic yards was going to be exceeded so an additional notice to proceed was issued on October 28,
2022 in order to continue with the work to complete the project. Only an additional $5,127.50 was needed for
completing the project and we are looking for council approval of the change order in order to process the
accurate reimbursement documents with FEMA. As all work was completed within the FEMA timeline it
will be 100% reimbursed.
If Agenda Item Reauires Eanenditure of Funds:
Budgeted Amount: $0
Total Cost: $27,127.50
Funds to Be Utilized for Appropriation: General Fund (to be reimbursed by FEMAIFDEM)
Attachments:
1. True North Change Order
2. October 19, 2022 Notice to Proceed
3. October 28, 2022 Notice to Proceed
4. 2010 Debris Removal Contract and Extensions
5. Final Invoices
Administrative Servie
City Attorney Review
Procurement Division
City Manager Authorizaf'on:
Date;
105 of 457
tmr or
1156M!T�IAN
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN CHANGE ORDER FORM
CHANGE ORDER #: 1
PURCHASE ORDER #: 10067
PROJECT NAME: Hurricane [an
PROJECT M A2312
CONTRACTOR: True North Emergency Management CONTACT NAME: Detrick Tucker /Nelson Lucius
ADDRESS: 2501 Avenue J, Suite 120 CONTRACT DATE: 10/20/2022
Arlington, TX 76006
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon
proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below
are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said
Contract are enjoined and in full force while executing the change(s) stipulated as follows:
DESCRIPTION:
The original Notice to Proceed was created estimating 2,000 CY of debris to be removed and monitored citywide.
Within a few days of beginning the project it was determined that the 2,000 CY total was going to be exceeded
and a second Notice to Proceed was authorized not to exceed an additional $22,000. However, only an additional
$5,127.50 was needed to complete debris monitoring for citywide removals. As stated in both Notice to Proceeds,
all debris was to be removed by October 31, 2022. This change order clarifies that paperwork submittals and
project close out documentation is not tied to the October 31, 2022 deadline, and continues throughout the FEMA
documentation process with a deadline of March 29, 2023,
A) CONTRACT PRICE PRIOR TO THIS CHANGE S 22,000.00
NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE S 5.127.50
NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER S 27,127.50
B) CONTRACT TIME PR [OR TO THIS CHANGE (NUMBER OF DAYS) 11
NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) I49
NEW COMPLETION DATE INCLUDING THIS CHANGE March 29, 2023
AGREED:
CONTRACTOR: CITY OF SEBASTIAN:
Date: Date:
Authorized Signature Authorized Citp [Manager
Approvals By City of Sebastian Staff:
City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order.
X City Council Authorization — cumulative amount exceeds 15% of the contract price or $15,000 single change order.
(Meeting Date March 22, 2023 }
CITY OF SEBASTIAN
City Manager Date
3/8123
Project Manager as to engineering
Administrative Services as to budget
City Attorney as to legal Jeanette Williams, City Clerk
Procurement Manager as to purchasing
106 of 457
ants
SEBASTL4kN
HOME OF PELICAN ISLAND
October 19, 2022
Administrative Services Department
Procurement Division
1225 Main Street
Sebastian, FL 32958
(772)38B-8231
NEEL-SCHAFFER, INC.
DISASTER DEBRIS MONITORING AGREEMENT
True North Emergency Management
2501 Avenue J
Suite 120
Ariington, TX 76006
nelson.luciusLaneel-schaffer.com
SUBJECT; NOTICE TO PROCEED (NTP)
True North Emergency Management:
You are hereby notified to commence work as of Thursday. October 20, 2022 and shall achieve completion by
October 31`'. Upon receipt of thls NTP, you are responsible for performing the services under the terms and conditions
of the Agreement and associating documents. It is important to reference the above title on all documents
(correspondence, change orders, invoices, etc,) sent to the City.
We are enacting this NTP for Monitoring Services for vegetation removal. This NTP will be associated with a single
sweep of City of Sebastian streets, This Notice to proceed is not to exceed $22.000 without prior approval.
NOTE: The City reserves the right to allow for any approved extensions.
The Project Manager is Karen Miller, Public Works Director 1 City Engineer. She can be contacted via e-mail
kmiller@cityofsebastian.org or by telephone at 772-228-7056.
Should you have any questions regarding the contents of this letter, please contact me directly.
Authorized By:
Pa'A.' Carlisle, City Manager
Cily of Sebastian
True North Emergency Management
Derrick P. Tucker, PP Sr. Vice President
Date
10/19/2022
Date
107 of 457
MY OF
SEBASTL
HOME OF PELICAN ISLAND
October 28, 2022
Administrative Services Department
Procurement Division
1225 Main Street
Sebastian, FL 32958
(772)388-8231
NEEL-SCHAFFER, INC.
DISASTER DEBRIS MONITORING AGREEMENT
True North Emergency Management
2501 Avenue J
Suite 120
Arlington, TX 76006
nelson.lucius(cDneel-schaffer.com 1 derrick. trucke r(cD neel-schaffer. corn
SUBJECT: NOTICE TO PROCEED (NTP)
True North Emergency Management:
You are hereby notified to commence work as of Friday. October 28. 2022 and shall achieve completion by
October 31-'Lt. Upon receipt of this NTP, you are responsible for performing the services under the terms and conditions of
the Agreement and associating documents. It is important to reference the above title on all documents
(correspondence, change orders, invoices, etc.) sent to the City.
We are enacting this NTP for Monitoring Services for vegetation removal. This NTP will be associated with a single
sweep of City of Sebastian streets. This Notice to proceed is an addition to the one issued on October 191h and will allow
for additional hours that were exceeded in the previous NTP. This individual NTP shall not exceed the supplementary
$22,000 in cost, bringing the total allowable cost between both notices to not exceed $44,000 without prior approval.
NOTE: The City reserves the right to allow for any approved extensions.
The Project Manager is Karen Miller, Public Works Director I City Engineer. She can be contacted via a-m
kmiller@cityofsebastian.org or by telephone at 772-228-7056.
Should you have any questions regarding the contents of this letter, please contact me directly.
Authorized By:
1012812022
r
Paul E. Carlisle, City Manager Date
City of Sebastian
y / 10/28/2022
True'North Emergency Management Date
Derrick Tucker, P.E., Sr. Vice President
108 of 457
AMENDMENT #3 TO NEEL-SCHAFFER, INC.
DISASTER DEBRIS MONITORING AGREEMENT
This AMENDMENT TO THE DISASTER DEBRIS MONITORING AGREEMENT ("AMENDMENT
#3") dated APRM 16 , 2020, is made by and between the CITY OF SEBASTIAN ("OWNER")
and NEEL-SCHAFFER, INC. ("MONITOR").
WHEREAS, Owner and Monitor entered into Disaster Debris Monitoring Agreement
("Agreement'), dated September 9, 2010. to provide disaster debris monitoring, FEMA Public Assistance
reimbursement support and related emergency management services for the City; and
WHEREAS, Owner and Monitor desire to extend the Agreement; and
WHEREAS, City requested and the Monitor agrees to add FEMA Federal Requirements to ensure
compliance with 2 C.F.R. §200.326 and 2 C.F.R. Part 200, Appendix I, Required Contract Clauses,
attached as Exhibit 'A'.
NOW, THEREFORE, in consideration of the promises, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending
to be legally bound hereby, agree as follows:
1. SECTION 1 — TERM. The term of this Amendment is through April 30. 2025, extendable by
mutual agreement of the partied within sixty (60) days of the term expiration.
SECTION 2 — SCOPE CLARIFICATION. As electronic ticketing is now predominately used in
the monitoring of debris removal, the scope of this Agreement is clarified to state that Monitor
will use an Automated Debris Management System (ARMS), unless otherwise requested by
the Owner. In accordance with Exhibit A — Scope of Services, the Monitor will provide Funding
Support for reimbursement of debris removal and other disaster preparation and recovery
costs under the FEMA Public Assistance (PA) Program. The Monitor will provide these PA
Consulting Services as requested by the Owner.
3. SECTION 3 — PRICES, TERMS AND CONDITIONS. The Agreement, as amended by this
and all Amendments, including prices, terms and conditions are unchanged and shall remain
in full force and effect.
4. SECTION 4 - SEVERABILITY. Should any part, term, or provision of this amendment be by
the courts decided to be illegal or in conflict with any law of the stale, the validity of the
remaining portions or provisions shall not be affected hereby.
5. SECTION 5 — NOTICES. All notices and other communication required or permitted under
this Agreement shall be in writing and given to:
OWNER:
Paul Carlisle. City Manager
1225 Main St.
Sebastian, I-L 32958
772-388-8203
ncarlisle a.CitvofSebastian.org
NIONrrott:
Nelson Lucius
2501 Avenue J, Suite 120
Arlington, Texas 76006
817-201-1912
nelsun.l ucius(rt)neel-schaffer.com
6. The Monitor's performance under this Agreement shall be subject to the FEMA Federal
Requirements.
Page I of 2
109 of 457
IN WITNESS WHEREOF, the parties have hereunto executed this Amendment effective as of the day and
year above
NEEL-SCHAFFER, INC. ("MONITOR")
By: -
Name: /c >
Title: et [ e 1 // r.
CITY OF.-SEBAS 3AN, Fi-O IDA ("OWNER")
8z %
Y
`lQame: Paul E Carlisle
/ Title: City Manager
ATTEST.
By, L �
Name: Jeanette Williams, MMC
Title: City Clerk
Approved as to form and leqpliy for Reliance by
the C' of Seba n nly:,
�nnY Aq-dn Jr Es
CITY ATTORNEY
f iieoc 2 42
110 of 457
AMENDMENT TO ACRE,EMENT FOR DISASTER DEBRIS MONITORING
BETWEEN THE CITY OF SEBASTIAN AND
NEEL-SCHAFFER, INC.
This Amendment to Agreement is made as of the y of MaY , 2017, by and
between the City of Sebastian (hereinafter referred to as the Owner), and Neel -Schaffer, Inc.,
(hereinafter referred to as the Monitor).
Whereas, on September 9, 2010 the Owner entered into an agreement with the Monitor to
provide disaster debris monitoring and related emergency management services; and
Whereas, the Owner and Monitor are desirous of extending the Agreement,
Now therefore, in consideration of the mutual covenants and promises contained herein, the
Owner and the Monitor agree as follows:
SECTION I —TERM
The term of this Amendment is throubh April 30, 2020, extendable by mutual agreement of the
parties.
SECTION 2 — PRICES, TERMS AND CONDITIONS
Ali other prices, terms and conditions of the Agreement, not specifically amended herein, are
unchanged and shall remain in full force and effect.
SECTION 3 -- SEVERABILITY
Should any part, term, or provision of this amendment be by the courts decided to be illegal or in
conflict with any law of the state, the validity of the remaining portions or provisions shall not be
affected hereby.
III of457
SECTION 4 — NOTICES
All notices and other communications required or pennitted Under this Agreement shall be in
writing and given to:
OWNER:
Joe Griffin, City Manager
City of Sebastian
1225 Main St.
Sebastian, FL 32958
772-228-7052
FWatanabe@Cityot*Sebastian.org
MONITOR:
Nelson Lucius
2501 Avenue J, Suite 120
Arlington, Texas 76006
817-20I-1912
nelson.luciusawneel-schaffer.com
In witness whereof, the parties have made and executed this Amendment on behalf of the parties
on the day and year above written.
Monitor:
Neel -Schaffer, Inc.
By:
Printed Name: /". Ne%se L u c s
Owner:
City of Sebastian
13y: -
i
Printed Name: Joseph Griffin
City Manager
112 of 457
Ugsbeenleftb�apk �tenhon�l�y.
IWAS VIP,
113 °f 45�
AMENDMENT TO AGREEMENT FOR DISASTER DEBRIS MONITORING
BETWEEN THE CITY OF SEBASTIAN AND
NEEL-SCHAFFER, INC.
This Amendment to Agreement is made as of the JAI" day of lA -1 �O� , 2015, by and
between the City of Sebastian (hereinafter referred to as the Owner), and Neel -Schaffer, Inc.,
(hereinafter referred to as the Monitor).
Whereas, on September 9, 2010 the Owner entered into an agreement with the Monitor to
provide disaster debris monitoring and related emergency management services; and
Whereas, the Owner and Monitor are desirous of extending the Agreement,
Now therefore, in consideration of the mutual covenants and promises contained herein, the
Owner and the Monitor agree as follows:
SECTION 1— TERM
The term of this Amendment is through 10.31.16, extendable by mutual agreement of the parties.
i
SECTION 2 — PRICES, TERMS AND CONDITIONS
i
All other prices, terms and conditions of the Agreement, not specifically amended herein, are
unchanged and shall remain in full force and effect.
SECTION 3 — SEVERABILITY
Should any part, term, or provision of this amendment be by the courts decided to be illegal or in
conflict with any law of the state, the validity of the remaining portions or provisions shall not be
affected hereby.
114 of 457
SECTION 4 — NOTICES
All notices and other communications required or permitted under this Agreement shall be in
writing and given to:
OWNER:
Joe Griffin, City Manager
City of Sebastian
1225 Main St.
Sebastian, FL 32958
772-228-7052
FWatanabe@CityofSebastian.org
MONITOR:
Nelson Lucius
2501 Avenue J, Suite 120
Arlington, Texas 76006
817-201-1912
nelson.lucius(@neel-schaffer.com
In Witness Whereof, the parties have made and executed this Amendment on behalf of the
parties on the day and year above written.
Monitor:
Neel -Schaffer, Inc.
By: / 1�
Printed Name: X '44lf'vv Z-YCries
Owner:
City of Sebastian
By:
Printed Name:
r
1 -
.tiJar6
115 of 457
AGREEMENT TO MONITOR PERFORMANCE OF DEBRIS
REMOVAL i i .-.ACTS FOR THE CITY OF SEBASTIAN
This Agreement is made as of the &—day of J.
, 2010, by and between the City of
Sebastian, Florida (hereinafter referred to as the'Owner), and Neel -Schaffer, Inc., (hereinafter
referred to as the Monitor). In consideration of the mutual covenants and promises contained
herein, the Owner and the Monitor agree as follows:
ARTICLE 1- SERVICES
Monitor's responsibility under this Agreement is to provide monitoring and management
services in response to disasters, as described in Scope of Services attached hereto as Exhibit
"A." Monitor will provide data and access to information to allow the Owner to closely oversee
performance under this agreement.
ARTICLE 2 — PAYMENT
Monitor Fee Schedule is included in Exhibit "B," attached. Monitor acknowledges that the
Owner will apply for financial assistance from the Federal Emergency Management Agency
(FEMA), Federal Highway Administration (FHWA), and/or the Florida Division of Emergency
Management (FDEM). Therefore, Monitor represents that it will perform all Services hereunder
in a manner, time and place so as to assist with such reimbursement to the Owner. Monitor shall
submit monthly statements for services rendered. Monitor's statements shall be due and payable
within 30 calendar days.
ARTICLE 3 — TERM
The term of this agreement is five years.
ARTICLE 4 — LIABILITY INSURANCE
The Monitor agrees to and shall procure and maintain during the duration of this Agreement,
Monitor's general public liability and property damage insurance, including auto liability and
employer's liability coverage, insuring Monitor from all claims from personal injury, including
death, and claims for destruction or damage to property arising out of or in connection with any
operations under this Agreement, whether such operations are by the Monitor or subcontractor to
the Monitor, and said insurance shall name, waive and hold harmless the Owner. All liability
insurance must contain contractual action over claims cause.
ARTICLE S — INSURANCE LI IITS OF LIABILITY
Insurance shall be written with limits of liability of not less that the following:
1. $1,000,000 primary Iimit, for all damages arising out of bodily injury, including
death, with umbrella coverage of $2,000,000.
116 of 457
2. $1,000,000 primary limit for all property damage, with umbrella coverage of
$2,000.000.
ARTICLE 6 — WORKERS' COMPENSATION INSURANCE
Monitor shall provide and maintain Workers Compensation Insurance at its expense during the
term of this Agreement, in accordance with state workers compensation laws.
ARTICLE 7 ERRORS AND OMISSIONS
Monitor shall provide and maintain an errors and omissions policy sufficient to cover the scope
of this project. Monitor agrees to provide, if requested, a declaration sheet showing the effective
dates and coverage for this policy.
ARTICLE 8 PERFORMANCE SCHEDULES
Monitor shall provide progress reports to the Owner on a weekly basis or more frequently as
requested by the Owner. Such reports shall contain, at a minimum, total cubic yards collected,
daily totals, and description of the geographical areas being addressed by the Contractor.
ARTICLE 9 TERMINATION
The Owner may terminate this Agreement upon written notice to the Monitor. The Monitor may
terminate this Agreement upon thirty (30) days written notice to the Owner. During such
termination period, the Monitor shall continue to diligently perform all of its duties hereunder.
After a receipt of a termination notice and except as otherwise directed by the Owner, the
Monitor shall: stop work on the date and to the extent specified; terminate and settle all orders
and subcontracts relating to the performance of the terminated work; transfer all work in process,
completed work, and other materials related to the terminated work as directed by the Owner;
and continue and complete all parts of that work that have not been terminated.
ARTICLE 10 PERSONNEL
The Monitor represents that it has, or will secure at its own expense, all necessary personnel
required to perform the services under this Agreement. All of the services required herein under
shall be performed by the Monitor or under its supervision and all personnel engaged in
performing the services shall be fully qualified and, if required, authorized or permitted under
state and local law to perform such services.
ARTICLE 11—SUBCONTRACTING
Monitor shall be responsible for the compliance of all subcontracting parties with the terms of
this Agreement and with any applicable local, state or federal laws or regulations. Monitor shall
be solely responsible for timely paying its subcontractors.
117 of 457
ARTICLE 12 — LOCAL PREFERENCE
Monitor will make every effort to utilize local employees, subcontractors, equipment rental,
supplies and other locally available resources.
ARTICLE 13 - k zw&Di i
Monitor shall not pledge the Owner's credit or make the Owner a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien, or any form of indebtedness. Monitor further
represents and warrants that it has no obligation or indebtedness that would impair its ability to
fulfill the terms of this Agreement.
ARTICLE 14 - PERFORMANCE
Monitor shall perform its obligations hereunder in compliance with all applicable local, state and
federal laws and regulations.
ARTICLE 15—rAD&RAL AND STATE TAX
The Monitor shall pay all local, state, and federal taxes which may become due based upon its
performance of this Agreement. The Monitor shall be responsible for payment of its own and its
share of its employee FICA and Social Security benefits with respect to this Agreement.
ARTICLE 16 — RISK ALLOCATION
The Owner recognizes that Monitor's fee includes allowance for funding a variety of risks which
affect the Monitor by virtue of his agreeing to perform services on the Owner's behalf. One of these
risks stems from the Monitor's potential for human error. In order for the Owner to obtain the
benefits of a fee which includes a lesser allowance for risk funding, the Owner agrees to limit the
Monitor's liability to the Owner and all contractors arising from the Monitor's professional acts,
errors or omissions, such that the total aggregate liability of the Monitor to all those named shall not
exceed $50,000 or the Monitor's total fee for services rendered on this project, whichever is greater.
ARTICLE 17 REMEDIES
No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and
each and every such remedy shall be cumulative and shall be in addition to every other remedy
given hereunder or now or hereafter existing at law or at equity or by statute or otherwise. No
single or partial exercise by any party of any right, power, or remedy hereunder shall preclude
any other or further exercise thereof.
ARTICLE 18 — CONFLICT OF INTEREST
The Monitor represents that it presently has no interest and shall acquire no interest, either direct
or indirect, which would conflict in any manner with the performance or services required
hereunder.
118 of 457
ARTICLE 19 ACCESS AND AUDITS
The Monitor shall maintain adequate records to justify all hours incurred and charged in
performing the services for at least five (5) years after completion of the Agreement.
ARTICLE 2Q NONDISCRIM[INATION
The Monitor warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, physical handicap, sex, age or national
origin.
ARTICLE 21—ENTIRETY OF CONTRACTUAL AGREEMENT
The Owner and the Monitor agree that this Agreement including its amendments sets forth the
entire agreement between the parties, and that there are no promises or understandings other than
those stated herein. None of the provisions, terms and conditions contained in this Agreement
may be added to, deleted, modified, superseded or otherwise altered, except by written
instrument executed by the parties hereto. Monitor shall not assign or transfer any of its rights,
benefits or obligations under this Agreement except for transfer to a wholly owned subsidiary
company or resulting from a merger or consolidation of Monitor with a third party.
ARTICLE 22 AUTHORITY TO PRACTICE
The Monitor herby represents and warrants that it has and will continue to maintain all licenses
and approvals required to conduct its businesses, and that it will at all times conduct its business
activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the
Owner upon request.
ARTICLE 23 —SE'VERABILITY
If any term or provision of this Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement, or the application of such terms or provision, to persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected, and every other term
and provision of this Agreement shall be deemed valid and enforceable as permitted by law.
ARTICLE 24 — MODIFICATON OF WORK
The Owner reserves the right to make changes in the services, including alterations, reductions
therein or additions thereto. Upon receipt by the Monitor, of the Owner notification of a
contemplated change, the Monitor shall: (1) if requested by Owner, provide an estimate for the
increase or decrease in cost due to the contemplated change; (2) notify the Owner of any
estimated change in the completion date; and (3) advise the Owner in writing if the contemplated
change shall affect the Monitor's ability to meet the completion dates or schedules of this
Agreement.
119 of 457
ARTICLE 25 — SUCCESSORS AND ASSIGNS
This Agreement is binding upon and will inure to the benefit of Owner and Monitor and their
respective successors and assigns. The rights and obligations under this agreement may only be
transferred by; 1) transfer to a wholly owned subsidiary of Monitor's parent company, 2) as a
result of a merger or acquisition by another company, or 3) by mutual agreement of the parties.
ARTICLE 26 — LAWS AND REGULATIONS
This Agreement shall be interpreted under the laws of the State of Florida, with exclusive venue
for any matter arising from this Agreement. All applicable federal and state laws, municipal
ordinances, and the rules and regulations of all authorized entities having jurisdiction over any
part of this project shall apply to the Agreement throughout, and they will be deemed to have
been included in the Agreement as though herein written.
In Witness Whereof, the parties have made and executed this Agreement on behalf of the parties
on the day and year above written.
City o Se tian
By b
Printe ame: Al Minner
Title: Citv Manager
ATTEST:
9,
Im
Sally A. Maio MC
City Clerk
Approved as to form and legality for Reliance by the
City of Sebastian only:
Robert A. Ginsburg, City Af orney
Monitor.
Neel-Sch , Inc.
BY_ .l
Printed Name: C /'
Title:
120 of 457
Exhibit A
Scope of Services
Debris Removal Monitoring
Staff Mobilization
When a potential disaster threatens the Owner, the debris monitoring firm (Monitor) will
mobilize 2 to 3 days in advance with key staff experienced in various aspects of debris
operations (including truck certification, mapping/zone development, etc.) in order to participate
in the "response" phase of the disaster event. Additional Monitor staff shall be contacted and put
on standby for potential mobilization. Logistical arrangements for out of town staff such as
lodging arrangements for key staff, is considered to be the responsibility of the Monitor.
Field Documentation of Work
Monitor shall carefully document debris removal activities as well as hazardous trees and trees
that contain hazardous hanging limbs that need to be removed. Monitor will work closely with
the Owner and with FEMA/FHWA to determine the most effective methods of documentation to
ensure that debris removal is eligible for federal funding. Monitor shall communicate with
FEMA to ensure documentation supports project reimbursement. Monitor will work with FEMA
in an effort to pre -validate as much eligible debris, tree and limb removal as practical.
Collection Monitoring of Rights -of -Way and Public Property Debris
Monitor will provide collection monitors with each of the Contractor's loading crews to ensure
each load is related to the disaster and is eligible for federal reimbursement. The street address
and/or GPS coordinates will be recorded on each load ticket. The Monitor will initiate a multi-
part ticket in the field for each load, containing information related to the location of the debris,
time, date, truck identification, truck driver, etc. The ticket will then be delivered to the
temporary debris storage and reduction site (TDSRS) or disposal site with the truck driver for
load rating. Load ticketing and documentation will also be performed for hazardous tree and
limb removal. This project may include monitoring the removal of abandoned cars, boats, marine
debris, white goods, beach cleaning, and structure demolition. Monitor will provide similar
services if debris removal from private property/right-of-entry (ROE) is approved for this
project. Field monitoring of debris haulers shall be performed in accordance with current FEMA,
FHWA and state requirements and in coordination with the Owner.
Monitor Training
Monitor will provide training to all employees concerning safety, eligibility for reimbursement,
and disaster specific information. The Monitor will be required to perform adequate training for
locally hired staff at no expense to the Owner. All Monitor employees must be able to effectively
communicate to a level appropriate to their responsibilities.
Spot Checks and Auditing of Monitors
Monitor will provide roving monitors, field coordinators, and supervisory personnel to ensure
that field monitors are making accurate eligibility calls, keeping good documentation, and are
working effectively with the debris removal contractor.
121 of 457
Project Mapping
Maps will be used to document the debris removal progress. The final pass along each roadway
will be mapped for the Owner's information, and FEMA documentation. Monitor will assist the
Owner in public communication and will document and relay any citizen complaints for action
by the contractor or the Owner.
Truck Certification
Monitor will establish a team of individuals who will inspect and certify vehicles for hauling
storm related debris in accordance with FEMA guidelines. A certification sheet with
measurement, photos, and calculations documenting the capacity of the truck is kept for load
rating and ticket auditing. Summary books will be kept at each TDSRS/disposal site for quality
control. Certifications should also include a methodology to discourage collection contractors
from modifying their vehicle after certification, such as identifying unique attributes to the
vehicle like sideboards. Photographs of the vehicle and its driver shall be documented. Periodic
spot checks and recertification of trucks that were potentially altered after initial certification
shall be performed.
Quality Control/Quality Assurance
A QA/ QC program should be implemented by the Monitor to minimize errors in debris monitor
tickets and all documentation functions. Eligibility of work, reliability of documentation and data
accuracy are critical in achieving full reimbursement for eligible project expenses.
TDSRS/Disposal Sites
Monitor will provide trained monitors at TDSRS and disposal sites to call loads based on the
amount of debris in each truck. It is imperative that these monitors make accurate calls to
safeguard public funds. Monitors will also make sure that the trucks are empty as they Ieave the
site. Furthermore, monitors will review the truck certification worksheets to make sure the trucks
have not been modified to affect their capacity (shortened or removed sideboards, for example).
Similar systems will be used to verify, track, and document hauling of reduced debris from
TDSRS sites through final disposal, if applicable.
Data Management
Monitor will establish an advanced project data management system and enter load ticket
information on a daily basis. This information can be provided to the Owner, FEMA, and the
Contractor GPS coordinates or addresses for tree and stump removal, and debris removal
progress, as applicable. Additionally, the staff will work with the Contractor to reconcile
invoices, and review debris removal invoices for recommendation of payment by the Owner.
Furthermore, Monitor will organize field information for FEMA documentation including
photographs and/or GPS coordinates. Monitor will help track invoices for FEMA reimbursement
and provide additional supporting information as requested.
Public Information Support - Monitor may be asked to assist the Owner in public outreach
following a disaster event as it relates to debris recovery efforts. This may include establishing
and staffing (including supplying equipment, phone lines, etc.) a "debris hotline" to respond to
public complaints and concerns, or establishing a website. This also may include assistance with
press releases, public notices, and other public information functions. All functions will
performed in a manner to maximize federal and state reimbursement.
122 of 457
Funding Support
The Monitor shall assist the Owner in securing maximum reimbursement for eligible work from
state and federal agencies. Specific funding support services may include working with the
Owner to develop a cash flow strategy that focuses on early reimbursement. This includes
assistance in preparing a debris quantity estimate that is supported by FEMA staff, early
preparation of a project worksheet to cover the estimated cost of the entire debris removal effort
at the outset of the project, and assisting the Owner and FEMA personnel with Project
Worksheets, Versions, etc. Monitor shall be prepared to assist Owner with appeals based on their
in-depth knowledge of FEMA and FHWA reimbursement policies. Monitor shall be prepared to
assist the Owner, if requested, in tracking progress of Project Worksheets and providing quick
response to any problem issue that may arise that could slow funding. Monitor shall be prepared
to assist Owner in finding additional funding reimbursement sources related to disaster
mitigation.
Recovery Services
The Owner is interested in selecting a monitoring firm with field implementation and FEMA
reimbursement experience in community recovery including, but not limited to:
• Right -of -Entry (ROE) administration and data base management
• ROW and private property vegetative/C & D hazard removal monitoring
ROW and private property demolition coordination and monitoring
Monitoring of marine debris removal and beach sand cleaning
Other Related Services
Services not specifically identified in this request, but are needed to provide a complete debris
removal and documentation project.
Pre -Storm Coordination
Monitor will be prepared to meet with the Owner once prior to June I" of each year to coordinate
services for the upcoming storm season. Additionally, Monitor shall meet with the Owner
immediately prior to a credible disaster threat. These meetings shall occur at no cost to the
Owner and are meant to facilitate increased coordination of efforts, to discuss the Owner's
expectations of the Monitor, and to fast track recovery activities when a disaster strikes.
Safety Meetings and Monitoring Updates
Safety of monitoring staff is of paramount importance. Monitor will hold regular meetings with
debris monitors and staff for project updates and to communicate safety issues. If important
information becomes available, the staff may meet more frequently.
Coordination Meetings with Contractor(s)
Monitor will initiate a coordination meeting with the debris removal contractor to help expedite
the work, and to discuss any issues that may arise during the project. It is important that the
monitor and contractor are communicating with each other to ensure a successful project.
Contractor Damages
The Monitor may be asked to develop a database application to track and help the Owner
manage contractor damages.
123 of 457
Status Reports
Monitor will provide detailed daily or weekly status reports to the Owner as requested for use
and information. Relevant project statistics and cumulative statistics will be shown in a straight
forward manner to officials to provide information to the media or to their constituents.
124 of 457
Exhibit B
Fee Schedule
City of Sebastian
2010-2015
Debris Removal Monitoring
Neel -Schaffer, Inc.
Position
Rates
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We will not charge reimbursement for normal expenses. Labor costs will cover all
expenses except marine based expenses such as boat rental. All overtime hours
charged at the same hourly rates as regular hours. Included Items for no additional
expense for reimbursement will be food, lodging, cell phone, GPS, automobile
expenses, etc.
125 of 457
RX Date/Time 09/02/2010 16:09 6017094444 P.002
Se-p. 2. 2010_ 3:11PM nowell agency brandon No. 0072� P. ?
SUPPLEMENT TO CERTIFICATE OF LIABILITY INS #37679 sEPizato
DESCRIPTION OF OPERATIONSfLOCATIONSNEHICLESISPECIAL ITEMS
City of Sebastian are added additional insurada.
Should any of the above described policies be cancelled before the explrallon date thereof, the Issuing Insurer Will endeavor to
mail 30 days written nottca to the certificate holder named below, but failure to do so shall ImpoGe no obtlgagen or Ilablilly of any
kind upon the Insurer, Its agents or representatives.
CetltRcate # 37679
126 of 457
RX Date/Time 09/02/2010 13:26
9/2/2010 13:37 Remote ID imprint ID
P.003
Q 3/3
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the poticy(iss) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
if SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endonsement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does It affirmatively or negatively amend,
extend or after the coverage afforded by the policies listed thereon.
ACORD 25 (2009M)
127 of 457
PSMWI"Z
SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE
03/31/Z014
NAME OF INSURED: Real -Schaffer, Inc. maptech, Inc., SoilTech
Consultants, Inc., Premier Emergency Kanagement,LLC
Additional Description of Ooeratinns/Remarks from Page 1:
Additional Information:,
The Producer will endeavor to mail 30 days written notice to the Certificate Holder named on the
certificate if any policy listed on the certificate is cancelled prior to the expiration date.
Failure to do so shall impose no obligation or liability of any kind upon the producer or otherwiee
alter the policy terms.
WPP (oeroa)
00
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128 of 457
TRUE NORTH
EMERGENCY MANAGEMENT
December 15, 2022
Project No: TN.17481.000
Invoice No: 1394 — FINAL INVOICE
City of Sebastian
Attn: Karen Miller
1225 Main Street
Sebastian, FL 32958
Project TN.17481.000 Sebastian - Hurricane Ian Response
Professional Services from October 29. 2022 to November 21,2022
Phase 001 ROW Debris Removal
Professional Personnel
Hours Rate Amount
Project Manager
Jenkins, Lamar
27.00
59.00
1,593.00
Field Supervisor
Richardson, Daniel
29.00
49.00
1,421.00
Disposal Site 1 Tower Monitor
Malone, James
10.50
39.00
409.50
Data Entry Clerk 1 Clerical
Enlow, Tracy
3.00
29.00
87.00
Collection Monitor
Brokvist, Deborah
11.00
39.00
429.00
Gray, David
8.00
39.00
312.00
Keys, Evyion
11.00
39.00
429.00
Totals
99.50
4,680.50
Total Labor
Total this
Phase
Total this Invoice
Please remit payment to:
True North Emergency Management, LLC
2501 Avenue J, Suite 120
Arlington, TX 76006
4,680.50
$4,680.50
$4,680.50
129 of 457
TRUE NORM
EMERGENCY MANAGEMENT
November 15, 2022
Project No: TN.17481.000
Invoice No: 1387
City of Sebastian
Attn: Karen Miller
1225 Main Street
Sebastian, FL 32958
Project TN.17481.000 Sebastian - Hurricane Ian Response
Professional Services from October 20. 2022 to October 28. 2022
Phase 001 ROW Debris Removal
Professional Personnel
Project Manager
Jenkins, Lamar
Field Supervisor
Attaway, Emmitt
Richardson, Daniel
Disposal Site 1 Tower Monitor
Harper, Lisa
Malone, James
Collection Monitor
Brokvist, Deborah
Gray, David
Keys, Evylon
Malone, James
Totals
Total labor
Please remit payment to:
True North Emergency Management, LLC
2501 Avenue J, Suite 120
Arlington, TX 76006
Hours
Rate
Amount
104.00
59.00
6,136.00
45.00
49.00
2,205.00
88.50
49.00
4,336.50
36.00
39.00
1,404.00
31.00
39.00
1,209.00
66.75
39.00
2,603.25
57.75
39.00
2,252.25
44.50
39.00
1,735.50
14.50
39.00
565.50
488.00
22,447.00
Total this Phase
Total this Invoice
22,447.00
$22,447.00
$22,447.00
130 of 457
OR CF
SEBASTIAN
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetinp- Date: March 2-2, 2023
Agenda item Title: A. Thomas concrete change order to complete 2019 drainage improvements
related to roadway repaving per ITB422-01
Recommendation: Staff recommends Council approve the change order for an additional
$16,800 in order to close-out all concrete related drainage improvements in
the 2019 street per TTB #22-01
Baekvround: On February 9, 2022 Council approved the award of Invitation to Bid 422-01
for Concrete Services On An As -Needed Basis within the City of Sebastian. Since that time the City has had
A. Thomas complete concrete work for driveways and headwalls for drainage improvements related to streets
repaved or improved in 2019. All of these drainage improvements have been council approved and have been
completed in order to extend the life of road repaving and treatment. The initial purchase order created was at
$50,000 making that the limit of their contract. We are requesting a change order to increase their contract by
$16,800 utilizing the bid sheet pricing. This would allow the City to complete all concrete related drainage
work to complete the repairs in the streets paved in 2019. This change ordcr does not include roadway
improvements that were completed in 2020 and 2021 as those will be requested separately in order to keep the
accounts and projects separated.
11 Agenda Item Requires Exvenditure of Funds:
Budgeted Amount: $72,348
Total Cost: $16,800
Funds to Be Utilized for Appropriation: Stormwater Utility Fund
Attachments:
1, A. Thomas Concrete Contract
2. A. Thomas Purchase Order
3. A. Thomas Change Order Form
Administrative Servic
City Attorney Review
Procurement Division
City Manager Authorization:
Date: 3)
131 of 457
DocuSign Envelope ID: 5498122F-D6C6.4152.9860-783CE910EB5C
CONCRETE SERVJCES ON AN AS -NEEDED BASIS maim THE i:ITY or.
SEBASTIAN AGREEMENT
'Phis Agreement is entered into by the parties this '3iJ day of IW&-re� 4 .2022.
1. PAKFIES:
CITY OF SEBASTIAN, a municipal corporation of the titan of Florida, (Cit)').
wid
A. THOMAS CON5TRULTION, INCORPORATED (Confraetur).
2. DESIGNATED CONTACT PERSON AS TO CITY
Phillip Pamode (PROJECT MANAGER) Siormwater
Superintendent
122.5 Main Street
Sebastian, Florida 32958
Phone: 772-388-8243
Celj: 772-633-0916
Etnuil: pputnade;@cityofsebastian.org
3. DESIGNATED CONTACT PEWSON AS TO.
CONTRACTOR:
Andrew Thomas, President/Owner
A. Thomas Construction, Incorporated
P.O. Box 3285
Fort Pierce, Florida 34948
O ffice/Coll: 772-216-5898
E-mail. atconst06@iyahoo.cum
4. NOTICES. All noti"s between City and Contractor, as required under the Agreement, shall lie in writing and in the
rum) of facsimile, e-mail, mail, or by personal delivery to the respective designated contact person idwitilied
above. Either designated recipient nuty notify the other, in writing, if someone else is designated to receive notice.
$. I FRMS OF AGREEMENT A)ti'D CONE IENCEAIENT OF SERVICES. The duration of the Agreement shall
be for a period of two (2) years from the date that the Parties have executed the Agreement, with the option k,
renew for W o (2) additional, one-(1) year terms. The renewal option trill he cnnditionLd upon satisfactcls v
perforumnee by Contactor and will be subject to availability of funds. The renewal option can only be exercised
through mutual agreement between City and Contractor. The, date that Contractor shall eommencr the provision
of Services shall be the date on which a Purchase Order and a Notice to Proceed is received by Contractor.
6. ENTIRE AGREEMENT. This Agreement, and its associated Imitation to Bid (ITB) Vocuments referenced
herein, together . idi. any executed Addenda, if any, shall constitute the entire Agreement between Contractor
and City (hereinafter referred to as the "Agreement"). In resolving conflicts, errors, discrepancies, and disputes
concerning the scope of Services or other rights or obligations of the parties, precedence shall be given in die
following order (1) provisions of this agreement, (7) provisions of the Imitation io laid. (3) provisions of the
Purchase Order, (4) provisions of the Contractor's Bid, (5) provisions contained in arty governmental regulation
incorporated herein by reference, and (6) a fully executed Amendment to this Agreement. There are no
understandings or agreements except as hercin expressly stated.
7. AGRC ENIENT DOCUMENTS.
1. Exhibit "A"- Technical Specifications
2. Exhibit "li" - Bid Price Form submitted by Coni ctor
- U:�
CITY OF SEBASTIAN. FLORIDA ! A THOMAS CONSTRUCTION. INC. Initials
ITB 22-01 Concrete Services within the City of Sebastisrr 1 rut 13
_ _ - 132 of 457
DocuSign Envelope ID: 5498122F.D6C64152-9860-763CE910E65C
8. MODIFICATION OF AGREEAMENT. The Agreement may only be modified or untended upon
mutual written agreement of City and Contractor. No oral agreements or representations shall be
valid or binding upon City or Contractor. No alteration or modification of the Agreement terms,
including substitution of product, shall be valid or binding against City. Contractor may not
unilaterally modify the terms of the Agreement by affixing additional terms by incorporating such
terms onto Contractor's documents forwarded by Contractor to City for payment. City's acceptance
of services, product, or processing of documentation on forms furnished by Contractor to City for
approval or payment shall not constitute acceptance of the proposed modification to terms and
conditions.
9. SERVICES PROVIDED BY CONTRACTOR. The Services to be provided by Contmctor
are in Exhibit "A" attached to this agreement and as stated In the bid documents and
addenda, if any. If City identifies any additional Services to be provided by Contractor that are
not covered under the original Agreement, such additional services shall be made a part of this
Agreement by a written Amendinent.
10. CITY'S PROJECT MANAGER. All work done by the Contractor shall be subject to the review,
inspection and acceptance of the Project Manager and the City. Any and all technical questions
which may arise as to the quality, completeness and acceptability of work performed, or work to be
performed, interpretation of Technical Specifications and all technical questions as to the
acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the Cits
Manager who will resolve such questions. At all times, all work shall be subject to inspection and
review by the Yroject Manager and the City. In addition, the inspection and review may also
include and apply to the tools and equipment used by the Contractor for the performancc of Work.
11. MATERIALS. SERVICES, AND FACILITIES. It is understood that, except as othenvise
specifically stated in the Contract Documents, Contractor shall provide and pay for all materials,
labor, tools, equipment, «rater, light, power, transportation, supervision, temporary construction of any
nature, and all other services and facilities of any nature whatsoever necessary to execute, complete,
and deliver the Services within Ilse specified time.
12. COMPENSATION TO CONTRACTOR. Compensation to be paid to Contractor for the
provision of the Services agreed to herein shall be per the unit pricing noted in Exhibit "B",
attached to this Agreement. Contractor or the City may request an adjustment of the tees fnr any
of the renewal tetm(s). The request to adjust the fees trust be made in writing supported by a
detailed justification that warrants the requested adjustment. The request to adjust fees shall be
communicated, in writing, to the other pang sixty (60) days prior to contract expiration. Such
adjustment may be based on the annual consumer price index (CPI) or three percent (3%),
whichever is less. All increases or decreases are subject to negotiations.
13. PAYMENT OF PAYMENT REQUESTS. Contractor shall avree to schedule a drive throutth
gn_tW-QK_wtaIk throu h inspection_ for each section of tk co» leted cgncrete wo l: with the Cit•_- of
Sebastian's Proiect Manager. or Ilreir desitnee to verif work has been completed and in c�,lete
comt'liancc of tk&pnj act d9S100 U1rior to iov_oicq;; j�qiq b jVgd_1p the Gild _
REMAINDER OF THIS PAGE INTENTIONALLY l.Elri' BLANK
CITY OF SEBASTIAN, FLORIDA / A. THOMAS CONSTRUCTION, INC. Initials (z
ITS 22-01 Concrete Services within the City of Sebastian 2 of 13
- -- - — - --- - - ---D-3 QL45-7_-
DocuSign Envelope ID: 5498122F-D6C6.4152-9860-783CE910EB5C
13.1 Patment Re auests/Invoices. Requests for payment for the provision of the Services provided
under the Agreement shall be submitted no more frequently than once per month. All requests
for payment/invoices shall be submitted in sufficient detail to demonstrate compliance with
the terms of the Agreement and to allow for the proper pre -audit, and post -audit thereof.
Upon receipt of Contractor's payment request/invoice, the City will review such to ensure
completion with required basic information and that the Services covered under the payment
request have been completed in accordance with this Agreement. If it is found that the payment
requestlinvoice is not complete, or the Services covered under the payment request do not
satisfy this Agreement, the payment request may he rejected.
13.2 Prompt Palment. City shall stake payment of a payment request in accordance with
Chapter 218, Part VU of the Florida Statutes "Local Coi ernnrent PromJrr Pa}rrtenl.4ct ' from
the date which a properly received payment requestlinvoice is recorded as received by City,
for Services completed to the satisfaction of City.
13.3 Form of Re(iuesl. If the payment request is not received in proper order, City may reject
the payment request within ten (10) business dats after the date on which the payment
inquest is recorded as received by City. City shall provide Contractor with a written
notification of the rejection specifying the deficiency and corrective measures necessary to
make the payment request proper. Upon receipt of a payment request that corrects the
deficiency, City shall make payment in accordance with Chapter 218, Part VII of the
Florida Statutes "Loco) Government Prompt Payment Act", or reject the payment request,
within ten (10) business dots after the date on which the corrected and proper payment
request is recorded as received by City.
13.4 Resolution of Payment Reuuest Dlst)utes. In the event of a dispute between Contractor and
City concerning the full or partial payment of a payment request, such disagreement shall
be determined by City. if the dispute between Contractor and City involves a portion of a
pay'tnent request. the undisputed portion shall be paid by City in a t' el:. manner, as long as
the payment request for the undisputed portion is in proper order. Proceedings to resolve the
dispute will be commenced witldn forty-five (45) business days after the date the payment
request in dispute was recorded as being received by City. The proceedings may include
meetings between the parties, telephone conferences or such other measures to clarifv the
dispute and attempt to resolve the problem; they will be concluded by a final Ntrittcn decision
by City within sixth 160) business dais after the date on which the payment request was
recorded as being received by City. Such procedures do not constitute an administrative
proceeding that prohibits a court from deciding de novo any action arising out of the dispute
13.5 PaNment8 to Subcontractors. When Contractor receives from City any payment f'or Sen•ices
covered under the Apvcmen4 Contractor. must Pa such moneys reccived to each
subcontractor or supplier, and employees in proportion to the percentage of the Services
completed by each subcontractor, supplier, or employees within ten 00) business ds%s after
Contractor's receipt of the payment If Contractor receives less darn full payment, then
Contractor shall be required to disburse only the funds recciveci_on a tiro rate haAs to its
subcontractors, suppliers, and employees, each receiving a prorated portion based on the
amount due on the payment. If a subcontractor receives payment from Contractor for labor,
services or materials furnished by subcontractors or suppliers hired by the subcontractor, tic
subcontractor must remit payment due to those subcontractors or suppliers within seven 171
business dais after the subcontractor's receipt of payment from Contractor.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
CfT OF SEBASTIAN, FLORIDA / A THOMWS CONSTRUCTION, INC. Initials Q
ITB 22-01 Concrete Services within the City of Sebastian 3 of 13
DocuSign Envelope ID: 5498122F•13BC64152.9860-783CE910E65C
14. WARRANTIES.
14.1 Warranty of Abilit-, to Perform. C'ontractur warrants that, to the best of its knowledge, there
an no pending or threaumod actions, proceedings, investigations, or any other legal or
financial conditions, that would in any way prohibit, restrain, or diminish Contractor's abDity
to satisfy its obligations under the Agreement.
14.2 Warranties nYaInst Defects in Workmunshiu. Contractor shall warrant its Services against
defects in materials and wodmiansh ip for a minimum period of ono -(I) yawn• from acceptance of
die Services by City. Should any defects in materials, products, scnices or workmanship appear
during the warranty period, Contractor shall replace the materials or Equipment, or repair or re -do
die materials, products, or services, immediately upon receipt of written notice from City, at no
additional expense to City. Contractor shall warrant such replaced materials, products, or
equipment, or repaired or re -done Services, for the term and extentsionns of this agreement, afler
acceptance of such by City's Project Manager.
14.3 Warranty of Standard Care. In die performance of professional services, Contractor will use
that degree of care and skill ordinarily exercised by other similar professionals in the field under
similar conditions in similar localities. Contractor will use due care in performing its Services and
will have due regard for acceptable professionial standards and principles. Contractor's standard of
care shall not be altered by the application, interpretation, or construction of any other provision
of this Agreement If any of the Services performed by Contractor do not comply with the
foregoing warranties and City notifies Contractor of such, then Contractor shall (at its sole
expense) promptly re -execute the nonconforming Services. All such re -performed Services •hall
be performed on a mutually agreed schedule. Contractor shall and does hereby assign to City the
henefits of any of Contractor's sub consultant's or subcontractor's warranties. Such assignment
shall not relieve Contactor of its warranty obligations for performance or standard of care to City
under this Agreement.
14.4 Warrani� of Title. Title to any work product furnished by Contractor under the Agreement
shall pass to City to the extort of the payments made for such by City, or on die date drat City
accepts the completed Services of Contractor. When title passes to City in accordance
with the Agreement, Contractor warrants that the work product furnished will be fret tom• d5 l4ar
of all security ymdereglsJ{0s_nrid enc.umbrarttcs or claims yf.ant part•.
15. P11BLAC RECORDS. Contractor will keep and maintain public records required by line City to
perform the service. Upon request from the City's custodian of public records, Contractor will
provide the City %eith a copy of the requested records or allow the records to be inspected or copied
within a reasonable time and at a cost drat does not exceed the cost provided in Chapter 119,
hlorldu Statues, or as otherwise provided by law. Contractor will ensure the public records
that are exempt or confidential and exempt from public records disclosure requirements are not
disclosed except as authorized by law for the duration of the term of the Agreement and following
completion of the Agreement if Contractor does not tratisfer the records to the City. Upon
completion of the Agreement, Contractor will transfer, at no cost to the City, all public records
in possession of the Contractor or keep and ineintairr public records required by City to perform tic
:,crvicc. if Contractor trantsfers all public records to City upon completion of the Agreement,
Contractor shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If Contractor keeps and maintains public
records upon completion of the Agreement, Contractor shall meet all applicable requirements for
retaining public records. All roxitds stortxt electronically nmust be provided to the City. upon request
from the City's custodian of public records, in a format that is compatible with the infonnution
technology system of the City. If Contmetnr does not comply with the City's request for puhlic
records, the City shall enforce the provisions of the agreement in accordance with the ternrs of the
Agreement and may cancel the Agreement. This provision shall survive termination of this
agreement.
CITY OF SEBASTIAN. FLORIDA I A. THOMAS CONSTRUCTION. INC. Initials
ITB 22-01 Concrete Services within the City of Sebastian 4 of 13
DoctiSign Envelope ID: 5498122F-D6C64152-9860-783CE910EB5C
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT JEA.NETTE
WILLIAMS, CITY CLERK AND CUSTODUiN OF PUBLIC RECORDS, AT 1225 MAIN
STREET, SEBASTIAN, FL 32958; ENTAIL: PHONE: 772-388-
8215. - ---- -
16. OSURANCE. During the term of the Agreement Contractor, at its sole expense, shall provide
imurance of such a type and with such terms and limits as noted below. Providing and maintaining
adequate insurance coverage is a mittetial obligation of Contractor. Contractor shall provide City a
certificate(s) of insurance, evidencing such coverage. It is the Contractor's responsibility to ensure
that the City has current Certificates) of Insurance at all times during the duration of the
agreement, including renewal terms.
16.1 Minimum InsuranceReuuircntcnts. Controctorsball obtain andmaintainforthedtuz+tionofdie
contract insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by the contract or, his ubnrnts,
representatives, employees or subcontractors. The coverage'& limits or enttorsemenu required
herein protect the primary interests of City, and these coverage's, limits or a%lor,&ment� shall in
no Kay be required to be relied upon when assessing the extent or determining appropriate types
and limits of coverage to protect Contractor against any loss exposures, whether as a result of the
Project or otherwim The requirements contained herein, as well us City's review or
acknowledgement, is not intended to and shall not in any manner limit or qualify the
liabilities and obligations assumed by Contractor under a contract.
Comprehensive General I an amount not less than:
Liability i $2,000.W0.00 Combined Single Limit per each occurrence
Conti -actor shall submit and maintain worker's compensation
insurance ur the extent required by law for all their employees to be
' engaged in work under this contract. In case any employees are to be
Worker's Compensation ! engaged in hazardous work under this contract and are not
j protected under the worker's compensation statute, Contractor shall
provide adequate coverage for the protection of such employees.
Automobile Liability tin amount not less than:
S 1,000,000.00 Combined Single Limit per each occurrence
I
1&2 Other Insurance Provisions.
16.2.1 City of Sebastian, its council members, officers, employees and agents are to be
covered as an Additional Named Insured on all policies except Worl&s Compensation. The
coverage shall contain no special limitation on the scope of protection afforded to the City,
its council members, officers, employees and agents. Contractor shall provide a Certificate of
Insurance to Citv with a thirry_ Q01 {itt} _notice of cancellation and/or changes in policy
language, and len�101 day_notice jf cancellation is for nonPa�incnt ofpremium. The e ertifit etc
shall indicate if coverage is provided under a "claims made" or "occurrence" form.
16.2.2 All required insurance policies must be written with an insurance carrier
having a minimum A.M. Best rating of A+
CITY -OF-SEBASTIAN, FLORIDA / A. THOMAS CONSTRUCTION, INC. Initials
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16.23 Contractor has sole responsibility for all insurance premiums and shall be fully and
solely responsible for any costs or expenses as a result of a coverage deductible, co-
insurance penalty, or self -insured retention; including any loss not covered because of the
operation of such deductible, co-insurance penalty, self-ins-urcd retention, or coverage
exclusion or liruitation.
16.2.4 Contractor's insurance coverage shall be primary insurance as respects the City,
its officials, employees and volunteers. Any insurance or self-insurance maintained by the
City, its officials, eurployecs or volunteers shall be excess of Contractor's insurance and
shall be non-contributory.
16.2.5 For all policies of insurance, Contractor and its insurance carrier waive all
subrogation rights against City for all losses or damages that occur during the contract and
for any events occurring during the contract period, whether the suit is brought during die
contract period or not. The City requites General Liability policies to be endorsed with CG
24 04 Waiver of Transfer of Rights of Recovery against Others to Us or similar
endorsement, and a WC 00 0313 Waiver of Our Right to Recover from Others for Workers
Compensation coverage.
16.2.6 It is the Contractor's responsibility to insure that all subcontractors comply with
these insurance requirements. Contractor shall include ell subcontractors as insured under its
policies or shall furnish separate cenifrcates and endorsements for each sub -contractor. All
coverage's for subcontractors shall be subject to all of the requirements stated herein.
17. INDEMNIFICATION. The CONTRACTOR or its SUB -CONTRACTORS shall indemnify and
hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs,
including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the CONTRACTOR or its SUB-
CONTRACTORS and other persons employed or utilized by the CONTRACTOR or its SUB-
CONTRACTORS in the performance of the contract; regardless of the negligence of the
utdemnitee or its officers, directors, agents, or employees. However, such indemnification shall nor
include claims of, or damages resulting from, gross negligence, or willful, wanton or intentional
misconduct of die indemnitee or its officers, directors, agents or employees. Upon request of the
CITY, die CONTRACTOR or its SUB -CONTRACTORS shall, at no cost or expense to the CITY,
undem,nify and hold the CITY harmless of any suit asserting a claim for any loss; damage or
liability specified above, and CON'I'RACfOR OR ITS SUBCONTRACTORS shall pay any cost
and reasonable attomeys' fees that may be incurred by the CITY in connection with any such claim
or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as
the CITY waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or any
other sovereign or goventmental immunity. This provision shall survive termination of this
agreement.
18. CHANGE ORDERS. City may at any time, as the need arises, order cltartges within the scope of the
services without invalidating the Agreement. If such changes result in an increase or decrease in
the Contract Price, or in the time required for perforuame of the Services, an equitable adjustment
shall be authorized byway of a Change Order.
19. TERNFINATION OF AG2fl:Bl1IENI'. Either party may terminate this Agreement by giving the other
parry thirty (39) da%s written notice. In the event of termination, City will be responsible for
compensating Contractor only for those Services sausfac�orily. core tamed_ or_hartiallv _consleted
up to the date of termination. Contractor shall not be entitled to compensation for loss of
anticipated profit.
20. LACENSES AND CERTI-FICATIONS. Contractor, or its sub-contractor(s), shall possess and
maintain during the term of this Agreement any and all licenses and certifications required to
peribrm the Services covered under this Agreetment, as stipulated by the State of Florida and the
City of Sebastian.
CITY OF SEBASTIAN, FLORIDA IA. THOMAS CONSTRUCTION, INC. Initials at _
ITB 22-01 Concrete Services within the City of Sebastian 6 of 13
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DocuSign Envelope ID:5498122F-D6C6AI52-9860.783CE910EBSC
21. ADDITIONAL TERMS AND CONDITIONS (alphabetically listed):
21.1 Assienurcnt. Neither City nor Contractor shall sell, assignor transfer any of its rights, duties
or obligations under the Agreement without the prior written consent of the other Parry. In the
event of any assignment, Contractor remains secondarily liable for performance of the Agreement,
unless City expressly waives such secondary liability.
21.2 Bankruptcy or Insolvency. Contractor shall promptly notify City in writing of the: filing
of any voluntary or involuntary petition for bankruptcy and/or of any insolvency of Contractor or
any of its subcontractors who are involved in the provision of the Services under this Agreement.
21.3 Comulianee with Laws. Contractor shall comply with all laws, rules, codes, ordinances,
and licensing requirements that are applicable to the conduct of its business, including those of Local,
State and Federal agencies having jurisdiction and authority. These laws, shall include, but not be
limited to, Chapter 287 of the Florida Statutes, the Uniform Commercial Code, the
Immigration and Nationalization Act, tire Americans ivith Disabilities Act, the United States
Occupational Safety and Health Act, the United States Environmental Protection Agency, the
State of Florida Department of Environmental Protection, and all prohibitions against
discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status,
sexual orientation, gender identity or expression or veteran's status. Violation of such laws shall be
grounds for termination of the Agreement.
21A Conflict of Interest. Contractor covenants that it presently has no interest and shall not
acquire any interest which would conflict in any manner of degree with the performance of the
Services covered under this Agreement. Furthermore. Contractor warrants that it has not
employed or retained any company or person, other than a bona fide employee working solely for
Contractor to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely for
Contractor any fee, commission, percentage, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. Contractor, and its subcontractors at any tier, certify
that the), have not entered into any contract, sub -contract, or atmigement in connection with the
Project covered under this Agreement, or of any property included or planned to be included in the
Project, in which any member, officer, or employee of Contractor or its subcontractors, during its
tenure, or for twa LZj 2,cars thereafter, has any interest, direct or indirect.
21.5 Correction of Services. Contractor shall promptly remove from the premises all Services
rejected by City for failure to comply with the Contract Doctnnents, whether incorporated into the
Project or not. Contractor shall promptly, in accordance with Contract Documents, replace and re -execute
all Services without additional expense to City. Contractor shall bear the expense of making good all
Services of other contractor's work destroyed or damaged by such removal or replacement. All
removal and replacement of Services shall be done at Contractor's exuense. If contractor does not
take action to remove such rejected Services within two (2) calendar days after receipt of written notice
from City's Project Manager, City may remove such Services on their own and store the materials at the
expense of Contractor.
21.6 Clty Funds. If sufficient funding is not available for Contractor to complete the
Services, City reserves the right to modify the terms and conditions of the Agreement to change the
Scope of Services to reduce the cost to match any available funding. If such modifications to the
Scope of Services are not feasible, or if funding has been totally exhausted prior to Contractor's
completion of its Services, the Agreement shall be terminated on terms reasonably acceptable to
both parties. Additionally, in accordance with Section 216.347, Florida Statutes, and as provided
herein, Contractor may not expend any City funds for the purpose of lobbying the legislature, or
local, state or federal agencies.
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FLORIDAOR IDt A. TNOMAS CONSCTION, ._� s-�:_�.:�►..r. _ : ,-:, :�:e�-��u:. �-:.,_ _ rv-no u��� .
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21.7 Debarment. Contractor certifies to the best of their knowledge and belief, that they and
their principals (1) are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Municipal, City, State or Federal
department or agency; (2) have not, within a three-year period preceding execution of this
Agreement, been convicted of or had a civil judgment rendered against them for commission of
Gaud or a criminal offense in connection with obtaining, attempting to obtain, or performing a
public (Federal, Stale or local) transaction or contract under a public transaction; violation of Federal
or State antitrust statutes or conunission of embezzlement, theft, forgery, bribery, falsification or
destruction of records; making false statements; or receiving stolen property, (3) are not presently
indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated above; (4) have not within a three-year
period preceding execution of this Agreement had one or more public transactions (Federal, State or
local) terminated forcause ordefault; and (5) will advise City immediately if their status changes and
will provide an explanation for the change in status.
21.8 Discriminator% Vendor. Contractor certifies that they are not subject to Section 287.134
(2)(a), Florida Statute, which specifies that an entity or affiliate who has been placed on the
discriminatory vendor list may not submit a Bid on a contract to provide any goods or services to a
public entity, may not submit a Bid on a contract with a public entity for the construction or repair
of a public building or public work, may not be awarded or perform work as a contractor,
supplier, sub -contractor, or consultant under a contract with any public entity, and may not
transact business with public entity.
21.9 Dispute Resolution. For any dispute concerning performance of the Agreement, which
includes without limitation controversies based upon breach of contract, mistake,
misrepresentation, or other cause for contract modification or rescission, City shall attempt to
reach a mutual agreement as to the settlement and resolution of the dispute with Contractor. Should
a mutual agreement not be reached, CITY SHALL RENDER A DECISION, REDUCE IT TO
WRITING AND SERVE A COPY ON CONTRACTOR. THE DECISION SHALL BE
FINAL. AND CONCLUSIVE.
21.10 Disposal of Wastes. Contractor shall handle any waste materials generated in the
performance of the Services in full compliance with all laws, regulations, and requirements of all
governmental authorities and those of City. Contractor shall use only dispoml facilities which have
proper permits and are in full compliance with all Laws. Contractor agrees that City has the right to
reject, for any reason, Contractor's use of any particular disposal facility. Refer to Section 4.12
Clean Up in the ITB Documents. Contractor shall restore in an acceptable manner, or replace all
property, both public and private, which has been displaced or damaged by the Contractor during
the execution of all work. Contractor shall leave the Worksites unobstructed and in a neat and
presentable condition. The term "property" shall include, but is not limited to, roads, sidewalks,
curbs, walls, fences, landscaping, awnings, utilities, footings and drainage structures.
21.11 Documentation. All tracings, plans, specifications, maps, computer files and/or reports
prepared or obtained under this Agreement, as well as all data collected, together with summaries and
charts derived there from, will be considered works made f'or hire and will become the property of City
upon expiration or termination of the Agreement without restriction or limitation on their use. Upon
delivery to City of said docurnent(s), City will become the custodian thereof in accordance with
Chapter 119, Florida Statutes. Contractor will not copyright any material and products or patent any
invention developed under this Agreement. Copies of these documents shall not be sold or distributed
to third parties without the written consent of City.
21.12 Dr•uu Free Workplace. Contractor certifies that it has in place a Drug -Free Workplace Program
ur accordance with the Drug -Free Worlq)lace Pict oJ' 1988 (41 U.S.C. 702-706). Refer to Form 3
submitted with }aid.
CITY OF SEBASTIAN, FLORIDA / A. THOMAS CONSTRUCTION, INC. IntCra .j�__.
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21.13 Emulovees. Subcortoctors and Aeents. All Contractor employees, subcontractors, and agents
perfonning any of the Services under the Agreement shall be properly trained to meet or exceed any
specified training qualifications. Upon request, Contractor shall famish a copy of certification or other
proof of qualification. All employees, subcontractors, and agents of Contractor must comply with all
security and administrative requirements of City. City may conduct, and Contnclor sltall cooperate itr,
a security background check or otherwise assess any employee, sub -contractor, and agent of
Contractor. City may refuse access to, or require replacement of, any of Contractor's entployce(s),
subcontractor(s) and agent for cause, including, but not limited to, technical or training qualifications,
quality of services, change in security status, or non-compliance with City's security or other
requirements. Such refusal shall not relieve Contractor of its obligation to perform all Services in
compliance with the Agreement. City may reject and bar from any facility for cause any of Contractor's
employees, subcontractors, or agents. City shall have the right to review and approve any sub -contractor
used by Contractor. Contractor shall be fully responsible to City for the acts and omissions of its
subcontractors, and persons directly or indirectly employed by theta. It is Contractor's responsibility to
cns= that their subcontractors are properly licensed to do business in the State of Florida and City of
Sebastian, as required by law.
ALL WORKERS NIUS'i'-HAVE_SUFFIC1 NT KNOWLEDGE,. SKILL_ AND EXPERIENCE_ TO
PROPERLY PEIZFOIiIyI.THE.WORK�ASSIGNED TO THEM. ALL WORKERS MUST_HA.VE
PROPER FDOT SAFETY NESTS OR SAFETY SHIRTS DURING ANY CONCRFTE..STAG.MG
OF MOT OR CLEAN-UP OPERATION.
21.14 Knual Emalovment Opportunity. Contractor shall not discriminate on the basis of race,
color, sex, age, national origin, religion, and disability or handicap in accordance: with the
Provisions of: Title V1 oJ'1he Civil Rights Act of 1964 (42 U.S.C. § 2000 et seg.). Title I'll of the
Civil Rights Act of 1968 (42 U.S.C. § 3601 et seg.), Florida Civil Rights Act of 1992 (§ 760.10 er
seq.), Title 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375, Title 49 CFR
23 and Title 49 CFR 26 for Disadvantaged Business Enterprises, Age &Ycrimination Act of 1975
(42 U.S. C. § 6101, et seg), Title 49 CFR 21 and Title 49 CFR 23, Nondiscrimination on the basis
of handicap, Title 49 CFR 27. Americans with Disabilities• Act of 1990 (42 U.S.C. 12102, et. seq.),
Federal Fair Labor Standards Act (29 U.S.C. § 201, et seg), and any other Federal and State
discrimination statutes. Contractor shall furnish pertinent information regarding its employment
policies and practices as well as those of their proposed subcontractors as the State of Florida
Department of Transportation, the Secretary of Labor, or City may require. The above shall be
required of any sub -contractor hired by Contractor. All Equal Employment Opportunity
requirements shall be included in all non-exempt sub -contracts entered into by Contractor. Sub-
contracts entered into by Contractor shall also include all other applicable labor provisions. No sub-
contract shall be awarded to any non -complying sub -contractor. Additionally, Contractor shall
insert in its sub -contracts a clause requiring subcontractors to include these provisions in any
lower tier sub -contracts that may in turn be made. Contractor shall comply with all state laws
and local ordinances.
21.15 E-Verification S%stem. Contractor shall comply with Executive order No.
12989 as amended and E.ecutive Order No. 11-116, and agrees to utilize the U.S. Department of
Homeland Security's E-Verify system, 1.-t-s: __.,,:,>;,:_ :;.:;, to verify the employment
eligibility of: (1) all persons employed by Contractor during the contract term to perform any
duties Mthin Florida; and (2) all persons, including subcontractors, assigned by Contractor to
perform work pursuant to this Contract. Contractors meeting the terms and conditions of the E-
Verify System are deemed to be in compliance x6th this provision.
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CiTY OF SEt3ASTiAN, FLORipA I A. THOMAS CONSTRUCTION, INC. Initials f'
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DocuSign Envelope ID' 5498122F-D6C6.4152-9860.783CE910EB5C
21.16 force hialeure Event. Neither party shall be considered to be in default in the performance
of its obligations under this Agreement, except obligations to matte payments with respect to
amounts already accrued, to the extent that performance of any such obligations is prevented or
delayed by any cause, existing or future, which is beyond the reasonable control, and not a insult of
the fault or negligence of, the affected party (a "Force Majeure Event"). if a party is prevented
or delayed in the performance of any such obligations by a Force Majeure Event, such party shall
immediately provide notice to the other party of die circumstances preventing or delaying
perfomtance and the expected duration thereof. Such notice shall be confirmed in writing as
soon as reasonably possible. The party so affected by a Force Mujcure Event shall endeavor, to the
extent reasonable, to remove the obstacles which prevent performance and shall resume
performance of its obligations as soon as reasonably practicable. A Force Majetr+e Event shall
include, but not be limited to, acts of civil or military authority (including courts or regulatory
agencies), act of God (excluding normal or seasonal weather conditions), pandemic, war, riot,
or insurrection, inability to obtain required permits or licenses, hurricanes and severe floods
21.17 Governlnt: Law and Venue. The Agreement shall be governed in accordaum with the laws
of the State of Florida. in the event of litigation with respect to the obligation of the parties to the
Agreement, the jurisdiction and venue of such action shall be an appropriate State Court in Indian
River County, Florida.
21.18 Governmental Restrictions. if Contractor believes that any governmental restrictions have
bccn imposed that require alteration of the materials used, the quality, workmanship or
performance of the Services offered under the Agreement, Contractor shall immediately notify
City in writing, indicating the specific restriction. CiTY RESERVES THE RIGHT AND THE
COMPLI:IT DISCRF,rION 7'O ACCEPT ANY SUCH ALTERATION OR TO CANCEL THE
AGREEMENT AT NO FURTHER EXPENSE TO CrrY.
21.19 Intnderation and Nationatity Act. Contractor shall comply with all inrnigration laws as
outlined in 8 USC § 1324a - Unlawful Employment of Aliens. City will not urlentiottally award
City contracts to anv Contractor who knowingly employs unauthorized alien workers. Any
violation of the employment provisiuns outlined in the Immigration and Nationality Act throughout
the terns of any Agreement with City may result in immediate termination of the Agreement. City
will consider the employment of unauthorized aliens a violation of Section 274A (e) of the
Immigration and Nationality Act. Such violation will be cause for unilateral cancellation of the
Agreement. by City, if Contractor knowingly employs unauthorized aliens.
21.20 lnsnection. Performance. Suuervlsion. City reserves the right to inspect the Scrvices
provided by Contractor, whether partially or fully completed, at any time, as decmed appropriate
by City for the purpose of ensuring Contractor's performance tinder the Agreement. Such
,rt.pcauons P4-rformed by City, shall not be construed as n final approval of Contractor's Service,
and shall not relieve Contractor from its obligations under the Agreement. City reserves the right to
inspect, at any reasonable time with prior notice, Contractor's facilities to assess conformity of
the provision of the Services with the Agreement requirements. City reserves the right to
investigate or inspect, at any time, whether the provision of the Services complies with the
Agreement requirements. Contractor shall at all times during the Agreement term remain
responsive and responsible. Contractor must be prepared, if requested by City, to present evidence
of experience, ability, and financial standing, as well as a statement as to capacity of Contractor for
the performance of the provision of the Services covered under the Agreement. This paragraph
Shull not mean or imply that it is obligutury upon City to make an investigation cider before or
after award of the Agreement, but should City ciccl to do so, Contractor is not relieved from
fulfilli» g all Agreement requirements. Conuacwr shall suneMse and direct the j!r3-i'9n19t1!ce.-of its
Services and. s}uli (fie splel�.resixinsibic-for the mruus, mohgtts, qxbnJagg;L sequences,.PJW 4pfetN
of construction and_o2erations. Contra trrwill cmplo� and rliairt(ajn_a1 i re. Prpject Si tQ tl_ uualified
Su;N: rviSor or superintcndent_who shall_ have been dew-sivorited _ in writin_. a5 Contractor- as the
C'ontr-.4lor's re"resentative- at _the_ Project Site. The supervisor ar superintendent shall have full
audtnrity to act on behalf of Contractor and all communications given to the supervisor or
superitrtendem shall be m binding as it' given directly to Contractor. The sui,ervisor or superintendent
shall be ! rest nl on the_.Pmje: t Site of all time, .as re uiretl to perform adequate spyt ryision and
coordinattun of the Contractor's Services.
CITY OF SEBASTIAN. FLORIDA .� ._ __,....._. _ ,._. -.___� . , ,.-:_ .,_... _.... _. _ . .... _,.,... _�_•_•.� _ :. ,...
1 A. THOMAS CONSTRUCTION, INC. initials
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21.21 Lawful Claims and Demands. Should any outstanding claims by subcontractors or
suppliers incurred in the performance of the Services materialize after City bus made Payment to
Contractor, Contractor will indemnify astd save City harmless from such claims. Acceptance by
Contractor of payment shall be and shall operate as n release to City of all claims and all liabilities to
Contractor, other than claims in stated amounts as may be specifically excepted by Contractor for
things done or furnished in connection with the provision of the Services, and for every act and
neglect of City and others relating to or arising out of the provision of the Services covered under
this Agreement. Any payment, whether final or otherwise shall not release Contractor or his sureties
from any obligations under the Agreement.
21.22 Liquidated Damaues. The.City shall be. entitled to livaidated damages in (lie amount of Two
Hundred Flfty Dollars (S250.00i tier dac for cver� day that the Contractor is laic in comoletim•,
thew rk retLuittmerits_for each W�rk_�rdcr submitted for each se�tiQn _laid damages _shall _be
deducted by the Cityfrom, moni due to Contr�Lgr.
21.23 Lobbvina. Contractor shall not, in connection with the Agreement, directly or indirectly (1)
offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any City
officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or
violation of a known legal duty; or (2) offer, give, or agree to give to anyone any gratuity for the
benefit of, or at the direction or request of, any City officer or employee. For purposes of clause T%vo
(2), "gratuity' means any payment of more than nominal monetary value in the form of cash, travel,
entertainment, gills, meals, lodging, loans, subscriptions, advances, deposits of money,
Services, employment, or contracts of any kind.
21.24 N o n -Collusion. Contractor agrees that neither it, nor any of its officers, partners*, agents or
employees have entered into any agreement. participated in any collusion, or otherwise taken
any action which is in mstruint of a free competitive solicitation in connection with this
Agreement, and that Contractor intends to do the work with its own bona fide employees or
subcontractors and has not provided a response for the benefit of another contractor.
Furthermore, Contractor certifies that its affiliates, subsidiaries, directors, officers, and
employees arc not currently under investigation by any governmental authority and have not in the
last ten (10) years been convicted or found liable for any act prohibited by law its any jurisdiction,
involving conspiracy or collusion with respect to submitting a response on any public agreement.
21.25 Non -Performance Clause. The Contractor recognizes that due to the stature of the services
to be performed under this Agreement, it is essential that the Work be completed in n timely
manner in accordance with the schedules approved by the City. Non-performanceldeficiencies as
identified by the City to the Contractor shall be addressed in the following manner: 1. by verbal
communication. Performance/deficiency must be resolved by the end of the THIRD day after
verbal communication. if not; 2. Written Notice will bn served to the Contractor.
Performanceldeficiency must be corrected by the end of the SECOND day after the Contractor has
received the written notice, to the satisfaction of the City, if not; 3. The City may have the work
performed by either its internal persomlcl or a third party and charge the cost against payments due
the Contractor. This does not relieve the Contractor of Liquidated Damages. REPEATED
PF.RFORMANCE/DEFICIENCIES MAY RESULT IN THE TERMINATION OF THIS
AGREEMENT.
21.26 Proiect Site Conditions. Contractor shall be deemed to have examined 1'mject Sitc(s), if
applicable, and to have secured full knowledge of all conditions under which the Services are to he
executed and completed.
REMAINDER OF THIS PAGE INTENTIONALLY LEVf BLANK
CITY OF SEBASTIAN, FLORIDA / A. THOMAS CONSTRUCTION, INC. Initials- Q'� —
ITB 22-01 Concrete Services within the City of Sebastian 11 of 13
DocuSign Envelope ID: 5498122F-D6C6-4152.9860-783CE910EBSC
21.27 Protection of Persons. Contractor shall be responsible for the safety of its employees and
the employees of its subcontractors. during the provision of the Services. Contractor shall be
responsible for initiating, maintaining and supervising all safety programs in connection with die
provision of the Services in accordance with applicable safety standards and regulations, as
promulgated by the United States Occupational Sajery and Health Act. Contractor shall mport
promptly to City any accident or unusual occurrence during performance of the Services, including
personal injury or death to any Contractor employee, sub -contractor employee or any member of
the public, or any damage to any of City's property, the I' iect Site, or adjacent property.
21.28 Public Entit% Crime. persons or affiliates who have been placed on the convicted
vendor list following a conviction for a public entity crime may not submit a bid, proposal, or
reply on a contract to provide any goods or services to a public entity; may not submit a bid.
l,rop sal;, or reply _on n-contract with a public entity for the construction or repair of a public
building or public work; mat not submit bids roLosals,-or; plies on_leases of real progeny to a
public entity*, ma�_jipt b.e_awarde� Qr pgrfnrm %vp-rk us a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and m -ngt transact business with arty pubL4
entity in excess of the threshold amount provided in s. 287.017, Florida Statutes for CATEGORY
TWO for a period of 36 months following the date of being placed on the convicted vendor list.
21.29 Independent Contractor Relationship. Contractor Is an independent contractor to City
in the provision of the Services Under this Agreement and is not an employee, agent, joint -
venture, or partner of City.
21.30 Risk of Luss. Until the Services have been accepted by City, risk of loss or damage to
any materials, equipment, supplies or work product, whether partially, or fully completed, that are
associated with the Services shall remain with Contractor.
2131 Sebedule Reports and Records. The City reserves the right to inspect and audit
Contractor's books and records relating to the Agreement, when deemed appropriate by City. All
schedules, reports and records of Contractor, as they relate to the Agreement, shall be retained in
accordance with Paragraph 15 above of this Agreement.
21.32 Securit% and ConlidentialltN. Contractor shall comply fully with all security procedures of
City in the performance of die Agreement. Contractor shall not divulge to third parties any
information obtained by Contractor or its agents, distributors, rescllers, subcontractors, officers
or employees in the course of the provision of the Services without the written consent of City.
However, Contractor shall be permitted to release information to third parties if such information is
publicly available through no fault of Contractor, information that Contractor developed
independently without relying on City s information, or information that is otherwise obtainable
under State and Fcdcrui luw• ub a public record. To insure confidentiality, Contractor shall take
appropriate measures as to its personnel, agents, and subcontractors. The warranties of this
paragraph shall survive the agreement.
21.33 Severabllirn. if a court deems any provision of the Agreement void or unenforceable, that
provision shall be enforced only to the extent that it is not in violation of law or is not otherwise
unenforceable and all other provisions shall remain in full force and effect.
21.34 Survival. All express representations, waivers, indemnifications, and limitations of
liability included in this Agreement shall survive completion or termination of the Agreement far
any reason.
21.35 'Faxes. Contractor shall pay all sales, cotuumer, use and other similar taxes required to be
paid by Contractor in accordance with the laws and regulations of the State of Florida which are
applicable to the provision of the Services under the Agreement. City shall not pay for any personal
property taxes levied on Contractor or for any taxes levied on Contractor's employers' wages. City
is a political subdivision of the State of Florida and holds a State of Florida Sales Tax Lxcmpiion
Certificate. All purchases mude by City directly from a dealer, distributor or manufacturer for
materials, equipment or supplies ("direct purchase"), instead of through the Contractor, are excnhpl
from sales, consumer, use and other similar taxes.
_. ASTA
ITB 22-01 Can ' -• ` , THOINAS CONSTRUCTION, INC. Initias
CITY OFSEB IAN, FLORIDA/- - -- •- -- - l--
ctete Services within the City of Sebastian 12 of 13
DocuSign Envelope ID: 5498122F-06C64152-9860-783CE91CF85C
21.36 Waiver. The delay or failure by City to exercise or enforce any of its rights ender this
Agreement shall not constitute or be deemed a waiver of Cily's right thereafter to cnfnrcc those
rights, nor .hall any single or partial exercise: of ally such right preclude the t 5ty of any other
or further exercise thereof or the exercise of any other right.
22. AUTHORITY. Each person sieving the Agreement warrants that he or she is duly
Authorized todoso and to bind the respective party to the Agreement.
IN IVITNE5S WIIERYOF, the parties hereto have caused these prewn;s to be executed, the day
and year noted above.
ATTEST (SENQ:
LICtte Williams, MNIC
TY Cl.ltilt
Approved as to form and legality for
Reliance by the City of 5ebasopit only:
THE CITY OF SEBASTIAN, FLORIDA:
7
BY
wwd E;. Curl isle, C'IT'i' MANAGER
�V�usgnedA; THOMAS CONSTRUCTION, INC.
1S )�711.G7C�dn?
AcidrewTltorttas. PRESlI)l:N"l'7WNFR
61 OF SEBASTIAN. FLORIDA 1 A. THOMAS CONSTRUCTION, WC
ITB 22-01 Concrete Scarvices within the City of Sebastian
13 n! 1:
144-f 457 -- ----
DoCUSIOn Envelope ID: 5498122F-D6CeAl5279880-783CEO10EBOC
145 of 457
DocuSign Envelope ID: 5498122F-D6C6-4152-9860-783CE910EB5C
1 �V.
W011111111,140
Technical Specfficatfons
Annual Concrete Work Contract
SECTION 6
1. Scope of Work
The scope of this specification is to form, pour and finish concrete driveways, sidewalks, or other
miscellaneous concrete projects on an as needed basis. The scope of each individual project may
vary depending upon the work to be completed. Each project will have a work order prepared by
the City which will ouUlne the work activity to be accomplished. In performance of this contract
the Contractor shall be solely responsible and have control over the means, methods, techniques,
sequences, procedures, and coordination of all portions of the work under the agreement unless
the agreement document gives other specific instructions.
2. Related Documents
Sebastian Code Chapter 90 Article III. Driveway Construction and Repair and the FDOT
Standard Specifications 2019 — 2020, or the latest edition.
3. Special Terms and Conditions
a. Contractor shall protect his work from the elements, traffic and pedestrians.
b. Contractor shall warranty all labor and materials for a period of one (1) year.
C. Each project will be planned In a manner minimizing disturbance and inconvenience
to property owners and the City.
d. Inspections. The City may Inspect at any time during the project construction. The
Contractor shall notify the City 48 hours prior to the concrete pour and at completion
of the project.
e. Final Payment. Final payment shall be made in accordance with the signed agreement
once all punch list Items have been cleared.
4. Detailed Specifications
a. Description: The Contractor shall form, pour and finish the concrete driveway and or
sidewalk or other miscellaneous concrete projects (minimum 4" thick or as requested
by the Department) in accordance with the provisions of this specification and
according to details shown on plans when supplied with the work order.
b. Materials: The concrete placed shall conform to the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction, 2019 - 2020,
or the latest edition, Sections 345: for Class I concrete 3= psi (minimum 28 day
breaking strength in accordance with ASHTO T-04 with polypropylene fiber mesh (1-
112bs/CY) thoroughly and uniformly mixed throughout.
C. Preparation: (Form and Pour) The subgrade shall be finished graded by contractor or
the city and compacted (t 9YO of the maximum density as determined by AASHTO T-99,
prior to having any fonn work placed on ii. The Contractor shall erect metal or wooden
forms on lop of a prepared subgrade. All forms shall be set true to line and grade, and
held rigidly in position to resist the pressure of poured concrete without springing. They
shall be straight and free from warps and bends,
22
DocuSign Envelope ID: 5498122F-D6C6.4152-ga6o-783CE910EB5C
d. Expansion joints: Asphaltic felt expansion joints, (MOT current procedures are required
wfth type II barricades and signage on all driveway and sidewalk closures). A' wide by 3-
1/2" deep are to be placed at specified Intervals. They shall be rigidly held in place during
the placement of concrete.
e. Contraction Joints: Contraction joints shall be saw cut with a concrete saw using a
carbide or diamond tip blade. Each joint shall be approximately lil3"311V' wide by
1" to 1 A° deep. Joints shall be saw cut within 24 hours following placement of the
concrete. Contraction joints shall be saw cut at specified intervals or 15' depending
upon application.
I. All concrete shall be Installed In accordance with FDOT 2019 — 2020, or the latest
edition.
9. Driveways will be a minimum of 4" thick with a 6" thick Tooter, 1 fool wide at the
edge of road pavement. Driveways will vary In width and length.
END OF SECTION
23
_ 147 of 457 __-
DocuSign Envelope ID: 5498122F-D6C6-4152-9860.783CE910EB5C
EXHj' 1:T B ,RE -RIP PR ,...EOML PRIM FORM
U!GjQV 7
After having examined all specifications, Cor►tract/Agreement Documents, and other documents rely
to the Invitation to Bid, I, the undersigned, hereby propose to perform everything required to be perfioni
in strict conformity with the requirements of these documents, and to provide and furnish all
equipment, labor, and materials necessary to provide annual concrete work meeting or exce"ng
spectfcations as set forth herein for the unit prices as stated below. The price quoted below Includes i
addenda which may be Issued. If there is any Item you wish not to bid an please write "NO BID'
the Price per Square Yard column. Quantity of work shall be bani:d upon t:ach i,ldiuidt;si ryuruh2sE: ar
atom the City'.
gfaft UAL CQNCREJ 1 ��RIfJE.4
Concrete
Quantity
LEbDr(Cvuibezd Cost crzr U
(Material Cost Exetuded)
�-tfa13Ly)e. HOW 10 Wa --- -- -�'1:
SY--
_-_ r
Concrete saw and Removal (4'1
1- 60
SY
--_
Concrete saw and Removal L4"j _ _-
81 -100
--
F-sq-Y)L�
_—__
Conaete saw and Removal �
1101 <
Concrete Removal and ►enlace Wffiiberf47 11- 60
SY
Concrete Removal and replace W/Rber(4D"
r�J
BY
--
Concrete Renoval and replace W/Fibert�`
_--
BY
Concrete W/Flber(4"1° --__-9�1
t9Y ,
_-- _------__--- -- _
- _�--
Concrete WIR er 4 e
3 460
SY
— —_ 14 �✓ -
_
--
Concrete W/FibeTW)" ____
Concrete saw and Removal W')
SY
Concrete saw and Removal M -
91-M
SY
Concrete saw and Removal W`t
11W
SY
Concrete Removal and replace VV/Fibert6"1°
i8
sy
Concrete Removal and replace WfFiber(61'
Im4m
1 sy
70
Concretes Removal and replaoe W/Fiber(61'
}}o4<
W:
i)!97
Concrete W/Rber(6')`
fie
Sy
ti C
Concrete W/Flber 6' ` _ ....... --
—_GV--
-�
.---------r
- --
Concrete W/Flbert8"1"
104<
M`
I
I "
MISC Concrete'
11-5
!
CY
7 ad
MISC Concrete*
$.
CoY
Z 00
MISC Concrete"
lo.tAg
iCy
MISC Concrete"
_-- t
MISC Concrete"
20'C
CY--_—___.�
�_ ------
Driveway Culvert F(@placoment W ADS"I
1
LF---
Driveway Culvert Replacement (11)"ADS1
1
_ LF
Driveway Culvert Replacement WADS"1-_r_-
i
LF--__--
Drivewav Culvert Replacement tirADS') ---_-.1
_ _ _-_-__--
LF—___--
Driveway Culvert Replacement (tly' ADS"1 _ --
-- 1 __---___-
-- _ LF
REMINDER: ONLY $ AMOUNTS SHOULD BE PROVIDED
24
— -- ---- -- — - '. I Q 4 -45-? - -
CITY OF SEBASTIAN Purchase
ATTN: ADMINISTRATIVE SERVICES order 00009826-00 FY 2022
1225 MAIN STREET
SEBASTIAN, FL IThe Above Purchase order Number Must Appear
32958 Ion All correspondence - Packing Sheets And
jBillS Of Lading
Mail Invoices In Duplicate To
Above Address
vendor
A Thomas Construction Inc
P.O. Box 3285
Ft. Pierce, FL
34948
Paae 1
Ship To
city of Sebastian
100 veterans Memorial way
Sebastian, FL
32958
Tel 7722165898 Requisition
00006991
ItIs
ate Iven or Date ISIMP
rdered ]Number (Required Via ITerms IDe artment
2 14 22 76-5 273 —13-7 1 IROADS & MAINTENANCE PW
BY ACCEPTING THiS ORDER., SELLER AGREES TO THE FOLLOWING TERMS AND CONDITIONS
1. ACCEPTANCE OF PURCHASE ORDER. A Purchase Order is given for Immediate acceptance by the Seller. Unless promptly notified to the
contrary, the City will assume the Seiler accepts the order as written and will make delivery as specified on the document.
2. ENTIRE AGREEMENT. All spectficatiorL% drawings and data submitted to the Seller with this order or the solicitation of this order are
hereby 1 � .. J herein and made part hereof. This contract contains the entire agreement of the parties. No change In quantities,
prices, specifications, terms, or shipping Instructions will be allowed except on written authority of the City Purchasing Department.
Any additional or different terms and conditlons proposed by the Seller are objected to and hereby rejected unless sp►ecifcally agreed
to by the City.
3. IDEMNIFICATiON. The Seger hereby agrees to Indemnify, save and held harmless the City from all clabns, demands, liabilities and suits
of any nature whatsoever arising out of, because of, or due to the breach of the Agreement by the Seller, its agents or employees, or
due to any act of occurrence of emission or commission of the Seller, its agents or employees. It Is specifically understood and agreed
that this Indemnification agreement does not cover or Indemnfy the City for its own negligence or breach of contrail.
4. MODIFICATION. The City may by written Order make changes In the specifications, if such changes cause an Increase or decrease In the
Sellers cost or In the time required for performance of Contract: (a) the Seller shall promptly notify the City and assert its claim for
adjustment within fifteen (15) calendar days and (b) an equitable adjustment shall be made by the City and the Contract modified
accordingly. Nothing in this clause shall excuse the Seiler from performing.
S. DEFAULT. Time Is of the essence of this contract and if delivery of acceptable items or rendering of services Is not completed by the
time promised, the City reserves the right without liabllity, In addition to Its other rights and remedies to terminate this contract by
notice effective when received by the Seger, as to stated Items not yet shipped or services not yet rendered, and to purchase substitute
Items or services elsewhere and charge the Seiler with any and all losses Incurred.
6. TRANSPORTATION CHARGES. Transportation expenses for all shipments shall be prepaid to destination. Shipments sent C.O.D. or
freight collect without the City's written consent will not be accepted and will at Sellers risk and expense be returned to Seger. No
charges will be allowed by the City for transportation, packing, cartage or containers unless otherwise authorized in the Purchase
Order.
7. UNAVOIDABLE DEWY. If the Seller is delayed in the delivery of goods purchased under the Purchase Order by a cause beyond Its
control, Seller must Immediately upon receiving knowledge of such delay, give written notice to the City and request a reasonable
extension of time. The City shall examine the request and determine if the Seller is entitled to an extension.
8. QUANTITY. Quantities furnished in excess of those specified In the Purchase Order will not be accepted and will be held at Sellers risk
and expense.
9. INSPECTION. Materials or equipment purchased are subject to Inspection and approval at the City's destination. The City reserves the
right to reject and refuse acceptance of items which are not in accordance with Instructions, specifications, drawings, or data of Sellers
warranty, (express or Implied). Rejected materials or equipment shall be removed by, or at the expense, of the Seller promptly after
rejection.
10. WARRANTY. The Seller warrants that all goods and services furnished hereunder will conform in all respects to the terns and this
order, including any drawings, specifications, or standards incorporated herein, and that they will be free from latent and patent
defects In materials, workmanship and title and will be free from such defects In design. In addition, Seller warrants that said goods and
services are suitable for, and will perform In accordance with, the purpose for which they are purchased, fabricated, manufactured and
designed for such other purposes as expressly specified in this order. The City may return any nonconforming or defective items to the
Seller or require correction or replacement of the item all the time the defect Is discovered, all at the Sellers risk and expense.
Acceptance shalt not relieve the Seller of its responsibility.
11. REGULATORY COMPLIANCE. Seller represents and warrants that the goods or services furnished hereunder (including all labels,
packages, and container for said goods) comply with all applicable standards, rules and regulations in effect under the requirements of
all Federal, State and local laws, rules and regulations as applicable, Including the Occupational Safety and Health Act as amended with
respect to design, construction, manufacture or use for their Intended purpose of said goods or services. Seller shag furnish "Material
Safety Data Sheets" incompliance with the Florida Right To Know Law, Florida Statute Chapter 442.
12. ROYALTIES AND PATENTS. Seller shall pay all royalties and license fees. Seller shall defend all suits and claims for Infringement of any
patent copyright or trademark rights and shag hold the City harmless from loss on account thereof.
13. INSURANCE. The Seller shall maintain Insurance as specified or as otherwise required by the city.
14. PAYMENT. Payments will be made within 30 days of the terns of the face of this order, or the Sellers Invoice, whichever are more
favorable to the City and payment date therefore shall be calculated from the receipt of Invoice or final acceptance of the goods,
whichever its later.
15. IDENTIFICATION. Invoices In duplicate with prices set out and giving the correct Purchase Order Number must be sent to the address
shown on the face of this order otherwise payment of Sellers account may be delayed. The Purchase Order Number shag appear on all
Invoices, boxes, packages, shipping documents and correspondence, and the list of contents shalt be enclosed in each box or package.
16. TERMINATION. Buyer may, at any time, terminate this order in whole or In part by written or telegraphic notice or verbal notice
confirmed in writing. Upon termination for convenience of the Buyer: the Buyer will assume responsibility for specific contractual or
scheduled financial commitments made prior to notice of termination. Any and all services, property, publications, or materials
provided during or resulting from the Contract shag become the property of the Buyer. If, however, termination Is occasioned by the
Sellers breach or any condition hereof, Including breach of warranty, or by Sellers delay, except due to circumstances beyond the
Sellers control and without Sellers fault or negllgence. SeUer shall not be entitled to any claim or costs or to any profit and Buyer shag
have against Seger all remedies provided by law and equity.
17. TAXES. The City Is exempt from state and local taxes. Exemptions number is printed on the reverse side hereof. This Order shall serve as
the exemption certificate.
18. LAW GOVERNING. This contract shall be governed by and construed according to the laws of the State of Florida.
150 of 457
�r11� �k�ll7
REBID PROPOSAL PRICE FORM
SECTION 7
After having examined all speciticaOut is, Contract/Agreement Documents, and othe+ dnccnnents relative
to the Invitation to Bid, 1, the undersigned, hereby propose to perform everything required to be performed
in strict conformity Witt. the requirements of these documents, and to provide and furnish all the
equipment, labor, and materials necessary to provide annual concrete work meeting or exceeding the
specifications as set forth herein fat the unlit prices as staled below. The price quoted below includes any
addenda which may be issued. It there is any item you wish not to bid on please write 'NO BID' In
the Price per Square Yard column 'i+iftntil t ,-r,,j1. !;,till 1— fin; c,t >I c. '.
lrunr the Cily
ANNUAL_ CONCRETE WORK AS DESCRIBED
_— - Concrete _
Quan
Concrete saw and Removal (4") _
li _ 60 _
SY
Concrete saw and Removal j4:� _ _
51 -100
SY _
I Concrete saw and Removal (41
lot- _
SY
_Concrete Removal and rat lace W/F_iber(4")`
1- 60 _
_ SY
Concrete Removal and replace W1FiberX )"
61_100
SY ;
Concrete Removal and replace W1FIberWl'
101<
SY
Concrete W1Fibert4"?
1.60 -
SY
Concrete W1Fiber(4")•
614DO
SY
Cenciete WlfFiberf4")"
!01<
5Y
Concrete saw and Rernoval (8 1
11-M
SY
Concrete saw and Removal (6')
,31
100
SY
Concrete saw and Removal 0 j_ _
101<
SY
Concrete Removal and re-plare WlFiberL'I'
1- i13
S_Y
I
Concrete Removal and re glace W1Fiberr£")"
M 100
SY
Concrete Removal and icptuue
(10tc
SY
Concrete W/Fiber(6")'
1110
SY
f
Concrete W1Fibert6" t' _
1 100 _
SY
Concrete W/Rberf6" )' - --- _ -'
101<
— SY
MISC Concrete' --
1 5
CY I
I MISC Concrete'
_
C' I
AAISC Concrete'
�10r}15
Cy
IAISC Concrete`
15CY
IAISC Concrete' _ _
20<
CY
Driveway Culvert applaceu.enl (8" ADS-1
1
LF
_ Driveway Culvert Re lacem4 nt 1[ t7' ADS° 1
1 _
LF 1
DrivewayCulv-ert Re lacen.ent (1Y"ADS")
�t
LF ;
Driveway Culvert Reolacernent W ADS"T
1
LF
Driveway_Culvert Replacement 18"ADS")i
I Lr-
REMINDER: ONLY $ AMOUNTS SHOW D BE PROVIDED
24
44 of 379
151 of 457
aiy OF
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN CHANGE ORDER FORM
CHANGE ORDER #: 1
PURCHASE ORDER ff: 9826
CONTRACTOR: A. Thomas Construction Inc
ADDRESS: PO Box 3285
Fort Pierce, FL 34948
PROJECT NAME: Roadway Swales/Driveways/Culverts
PROJECT #: A2260
CONTACT NAME: Andrew Thomas
CONTRACT DATE: 2/14/2022
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon
proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below
are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said
Contract are enjoined and in full force while executing the change(s) stipulated as follows:
DESCRIPTION:
Within Purchase Order 9826 A. Thomas has been completing concrete driveways and headwalls according to ITB
##22-01. We are looking to increase this contract by S16,800 in order to complete the remaining concrete work
related to the 2019 roadway improvements.
A) CONTRACT PRICE PRIOR TO THIS CHANGE S 50.000
NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE S 16,800
NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER S 66,800
B) CONTRACT TIME PRIOR TO THIS CHANGE (NUMBER OF DAYS) 730
NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) 0
NEW COMPLETION DATE INCLUDING THIS CHANGE 2/14/2024
AGREED:
CONTRACTOR: CITY OF SEBASTIAN:
Date: Date:
Authorized Signature Authorized City Manager
Approvals By City of Sebastian Staff:
City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order.
x City Council Authorization — cumulative amount exceeds 15% of the contract price or $15,000 single change order.
(Meeting Date March 22, 2023 )
CITY OF SEBASTIAN
City Manager Date
Project Manager as to engineering
Administrative Services as to budget
City Attorney as to legal Jeanette Williams, City Clerk
Procurement Manager as to purchasing
152 of 457
ancF
HOME OF PELICAN ISLAND)
CITY COUNCIL AGENDA TRANSMITTAL
Council MCCtin2 Date: March 22, 2023
A, enda Item Title: Planning & Zoning Commission
Recommendation: Fill one unexpired, regular member position — term to expire
11/l/2025
If necessary, fill the alternate position
Background: In response to the City Clerk's advertisement, the following residents
have expressed interest:
Susan Lorusso (current alternate member)
Cindy Geesey
Terry McGinn
Terry Reno
Christopher Roberts
James Wilson
Mr. McGinn currently serves on the Budget Review Advisory Board.
He will resign if he is chosen for the Planning & Zoning Commission.
In the event Council appoints an alternate member, the alternate
member position may be filled from the remaining applicants.
Attachments: Applications, member list, advertisement
Administrative Services l
City Attorney Review: _
City Mana er Au orization.
Date: A--
153 of 457
cmr of
SEBAST
HOME OF PELICAN ISLAND
VOLUNTEER BOARD AND COMMITTEE APPLICATION
This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with
FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that
their physical address and phone number remain confidential. Unless requested, that information will be available and not
redacted.
Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting
ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or
resolution. You may reapply for succeeding terms upon term expiration.
Name: 0
} y r _
Address: 1' 3-JD1/ 1'f� 1 1 V E� n I DR, City: S E,; q_� T ()(Atate:
Zip:?) 1� I -S_& Telephone: (7 7� ) 3 c,) / - (:�) 1 T-) 0
E-Mail Address: �- e% R � c / C_ 0
Employer:
City:
Business Telephone: (
State: Zip:
I am interested in serving on the following board s)/committee(s):
V Choice:-' /7()rl I� ht�t-2��/Da;d Choice:
CHARTER REVIEW COMM ITTEE (serves only six months, everyfive years - next meeting in 2021)
CITIZENS BUDGET REVIEW ADVISORY BOARD
CONSTRUCTION BOARD*
NATURAL RESOURCES BOARD
PLANNING AND ZONING COMMISSI *�D
POLICE RETIREMENT BOARD OF TRUSTEES*
PARKS AND RECREATION ADVISORY COMMITTEE
VETERANS' ADVISORY BOARD
`Filing of financial disclosure is required following appointment
"Must be resident one year prior to application.
154 of 457
Please summarize special skills, qualifications, or education you have acquired for this appointment:
(Your resume, professional certifications or designations may be attached.)
(�I� I lA( PC w T/ i ry4,
C , Y l n n F-CF- /-) r7
C e)�L � F 0R c%-1 J
Why do you want toserveown this board?
C�T(0wrW C-)P 2-2y,9 �7"
Do you presently serve on another City Board or Committee? 3i D
If yes, please list:
Have you previously served on any other City Board or Committee? n :)
If yes, please list:
I will represent the best interests of the entire City while serving as a board member. 1 hereby waive and release any
and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer
services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity
purposes (unless requesting exemption).
If required for this board, l consent to the annual filing of the Statement of Financial Interests.
http://www.ethics.state.fl.us/ethicsYforms.htmi
If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public
Officials (Florida Statutes, Chapter 112, Part lll) and Florida Sunshine Law (Florida Statures, Chapter 286)
Statutes may be reviewed at httr)://www.flsenate.Rov/statutes
1 understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered
for another board. I hereby certify that all the statements made on this application are true and correct. I
understand that any false statements or omissions from this application may be cause for my application not to be
considered. / r %
Signature of Applicant—,—)� e..t� `� Date: 7 �
Date Received by City Clerk's Office ! Z��ZOz by JALa-MA
155 of 457
CI YOF
SEBAST
HOME OF PEILUCAN 92AND
VOLUNTEER BOAR® AND COMMITTEE APPLICATION
This application form is a public record under Chapter 119, Florida Statutes, and is open. to public inspection. In accordance with
FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that
their physical address and phone number remain confidential. Unless requested, that information will be available and not
redacted.
Per Section 2-166, all Board and Committee members must be City residents for one year prior to application unless otherwise
specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the
enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration.
Name:
Address: Its 1 "9V%l'- 0-f61 f City: r � � Slate: YL
Zip: S_? %c_� Telephone: ( %7J,2 ) "7/ k - 92'` O
E-Mail Address: 74' r%c1'
Employer: A,r-1-iAcc�-
City: State: Zip:
Business Telephone: ( ) -
I am interested in serving on the following board(s)/committee(s):
1n Choice: F W7- 2°d Choice:
CHARTER REVIEW COMMITTEE (serves only six months, every five years — next formation in 2025)
CITIZENS BUDGET REVIEW ADVISORY BOARD
CONSTRUCTION BOARD*
NATURAL RESOURCES BOARD
PLANNING AND ZONING COMMISSION*
POLICE RETIREMENT BOARD OF TRUSTEES*
PARKS AND RECREATION ADVISORY COMMITTEE
VETERANS' ADVISORY BOARD
"Ffling of flnancdal disclosure is required following appointment
156 of 457
Summary: Degree in Journalism from UGA, career in publishing. I have 4 years of experience chairing P&Z in Broward
County. l helped a little % square mile beach viilage transition into an economically viable center for residents, tourists
and independent businesses. I oversaw two low-rise, multi building condo developments on the beach and one on the
Intracoastal as well as a renovation of Benihana. At my insistence, Benihana spent an unplanned $75K on their open lot
parking area. I am good with people, whether developers, applicants or residents. I believe in adherence to all
applicable codes and ordinances.
Why do I want to serve on the Board? I care about Sebastian & its future, I have experience on P&Z and I want to give
back. I understand the Code of Ethics, Sunshine Laws & Roberts Rules. For 3 years, I ran the "Rest, Relaxation &
Romance" program providing free Sebastian weekends for USO selected active duty military. This brought a 10-page
article celebrating Sebastian and its businesses in Vero Beach Magazine.
Do you presently serve on a Board: Not in Sebastian yet, but this is my record of service:
Marietta, GA: Commission appointed member of Cobb County Animal Control Board, Director for Cobb County
Humane Society
Lauderdale By -the -Sea, FL: Commission appointed Chair of P&Z (4 years) and Board of Adjustment (2 years).
Elected to Board of Chamber of Commerce (6 years), President of LBTS Property Owners Assoc. (8 years),
Broward County Humane Society, LBTS Performing Arts Center, Broward County Republican Executive
Committee (8 years)
Sebastian: Sebastian Property Owners Association (4 years), before Gillrams. Member of IRC Taxpayers
Association, elected to IRC Republican Executive Committee (8 years)
References:
IRC Commissionerloe Fiescher, 772-226-1493 IRC P&Z Chair, Mark Mucher, 772-532-2413
IRC Commissioner Laura Moss, 772-226-1438 LBTS Mayor Chris Vincent, 954-612-8606
LBTS P&Zformer member Dennis Richie, 239-234-3975
I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any
and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer
services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity
purposes (unless requesting exemption).
If required for this board, I consent to the annual filing of the Statement of Financial Interests.
htto://www.ethics.state.fl.us/ethics/forms.-html
If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public
Officials (Florida Statutes, Chapter .122, Part 111) and Florida Sunshine Law (Florida Statutes, Chopter 286)
Statutes may be reviewed at httia://www.flsenate.gov/statutes
I understand I must contact the City Cleric's office to request reappointment prior to expiration or to be considered
for another board. 1 hereby certify that all the statements made on this application are true and correct. I
understand that any false statements or omissions from this application may be cause for my application not to be
considered.
Signature of Applicant: C 1/j/,tL_�1 Date:
Date Received by City Clerk's Office J `1
157 of 457
LMOF
SEB�T'1AN
HOME OF PELICAN ISLAND
VOLUNTEER BOARD AND COMMITTEE APPLICATION
This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with
FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that
their physical address and phone number remain confidential. Unless requested, that information will be available and not
redacted.
Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting
ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or
resolution. You may reapply for succeeding terms upon term expiration.
Name: _TERRANCE (Terry)
MCGINN
Address: 144 MILLER DR
—SEBASTIAN
Zip: _32958
State: FL
Telephone: (_215 ) _723
E-Mail Address: _TEMCGINN@YAHOO.COM
Employer: RETIRED
City:
Business Telephone: ( ) -
State:
am interested in serving on the following boards)/committee(s):
I" Choice: PLANNING AND ZONING COMISSION
City:
- 4333
Zip:
2"d Choice:
CHARTER REVIEW COMMITTEE (serves only six months, every five years — next meeting in 2021)
CITIZENS BUDGET REVIEW ADVISORY BOARD
CONSTRUCTION BOARD*
NATURAL RESOURCES BOARD
PLANNING AND ZONING COMMISSION* **
POLICE RETIREMENT BOARD OF TRUSTEES*
PARKS AND RECREATION ADVISORY COMMITTEE
VETERANS' ADVISORY BOARD
*Filing of financial disclosure is required following appointment 158 of 457
"Must be resident one year prior to application.
Please summarize special skills, qualifications, or education you have acquired for this appointment:
(Your resume, professional certifications or designations may be attached.)
BRIEFLY....I HAVE A BSME IN MARINE AND ELECTRICAL ENGINEERING AND AN, MS IN ENGINEERING AND
MANAGEMENT, I HAVE 40 YEARS EXPERIENCE
IN ENGINEERED SYSTEMS AND THEIR CONSTRUCTION/INSTALLATION (FROM 1954 TO 2004) I HAVE 35 YEARS
EXPERIENCE IN LONG RANGE PLANNING AND DEVELOPMENT (1970 TO 2005)
I HAVE 30 YEARS BIDDING/CONTRACTING, NEGOTIATING AND MANAGING GOVERNMENT AND MUNICPAL
CONTRACTS INCLUDING US ARMY MATERIAL COMMAND. (FROM 1978 TO 2008)
FROM 2010 TO 2015 1 WAS FOUNDER /PRESIDENT OF A COMMUNITY DEVELOPMENT EXECUTIVE BOARD (CDD)
TRYING TO MAINTAIN QUALITY STANDARDS OF LAND DEVELOPMENT BETWEEN TOWNSHIP AND A LESS THAN
ETHICAL DEVELOPER FROM BUILD #1 TO COMPLETION INCLUDING ROADS, INFRASTRUCTURE, STORM SEWERS,
MUNICIPAL UTLITIES AND CAPITAL RESERVES. WE RESCUED A FAILING DEVELOPMENT AND WERE AWARDED
COMMUNITY DEVELOPMENT OF THE YEAR FOR SOUTHEASTERN PENNSYVANIA IN 2014.
MY RESUME CAN BE FOUND ON LINKED IN UNDER TERRANCE MCGINN
Why do you want to serve on this board?
_I AM DEEPLY IMBEDDED IN THE COMMUNITY OF SEBASTIAN AND THE COUNTY. I WANT TO CONTRIBUTE TO THE
FUTURE LAND
USE AND PUD OF THE LATEST AND ANY FUTURE ANNEXATIONS AS WELL AS ANY PLANNING AND ZONING THAT WILL
KEEP OUR
CITY THE BEST IN INDIAN RIVERCOUNTY. I CONSIDER ED DODD A MENTOR FOR HOW TO DO IT RIGHT AND TO GIVE
BACK.
AM OLD BUT THAT IS NOT A BAD THING.
NOTE. I WILL HAVE TO ATTEND BY ZOOM DURING A 3 MONTH PERIOD WHEN OUT OF COUNTY July/august
September BUT WILL NOT MISS MEETING ON ZOOM.
Section 2-173. Attendance Requirement. Notwithstanding any other provision of this Code, any board or
committee member shall be automatically removed if he or she is absent from three (3) consecu159 of etin s
without an acceptable excuse. An "acceptable excuse" is defined as an absence for medical reasons, business
reasons, personal reasons, or any other reason which the chair of the board or committee deems appropriate. Upon
notification by the chair of the board or committee that a member has not complied with the attendance
requirement, the City Council shall issue an order of removal.
Do you presently serve on another City Board or Committee? _YES
If yes, please list: CITIZENS BUDGET REVIEW ADVISORY
BOARD
Have you previously served on any other City Board or Committee? NO
If yes, please list:
I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any
and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer
services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity
purposes (unless requesting exemption).
If required for this board, I consent to the annual filing of the Statement of Financial Interests.
http://www.ethics.state.fl.us/ethics/forms.htm
If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public
Officials (Florida Statutes, Chapter 112, Part 111) and Florida Sunshine Law (Florida Statutes, Chapter 286)
Statutes may be reviewed at http://www.flsenate.gov/statutes
understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered
for another board. I hereby certify that all the statements made on this application are true and correct.
understand that any false statements or omissions from this application may be cause for my application not to be
considered.
Signature of Applicant: _7?Te1N6Ef1ffe /1 Y
_9/23/2022 / J
Date Received by City Clerk's Office 912`3I 2-Ol Z
by. (,vX% .t4_r"
Date:
160 of 457
i {Y l5F
�E
HOME OF PELICAN ISLAND
VOLUNTEER BOARD AND COMMITTEE APPLICATION
`is appiication form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with
=S 119.07 Exemptions, individuals emoloved or retired from certain professions reiatine to law enforcement may request that
their physical address and phone number remain confidential_ Unless requested, that information will be available and not
reaactec.
Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting
)rainance or resoiution. Board and Committee terms are three vears unless otherwise specified in the enacting ordinance or
resolution. You may reapply for cceeding terms upon term expiration.
lvamrr
Address: � 4 f`IC`_ [� iV City: �-T+C? S� State: FL
Zip: 32 _I S & f eiephone: (� L/ j - TZ,
E-Mail Address:--h—r'_ni 0 Lei e�
Empiover M/A
City
Business Telephone: (
State:
Zip.
I am interestedf in serving on the following boa rds)/committee(s):
I"Choice: 70i I n 2"" cnoice:
CHARTER REVIEW COMMITTEE (serves only six months, every five years — next meeting in 2021)
rITIZENS BUDGET REVIEW ADVISORY BOARD
CONSTRUCTION BOARD*
NATURAL RESOURCES BOARD
PLANNING AND ZONING COMMISSION* **
POLICE RETIREMENT BOARD OF TRUSTEES*
PARKS AND RECREATION ADVISORY COMMITTEE
VETERANS' ADVISORY BOARIF)
*Filing of financial disclosure is required following appointment
"Must be resident one year prior to application.
161 of 457
Please summarize special skills. aualifications. or education you have acauired for this aAoointment:
(Your resume, professional certifications or designations may be attached.)
_1 f-la VFW �h I rot/ ra�, Ofey ce 4, -
">! Lru T°lC+ �� c�c v1 _S► can a ,>'e G a? � I n �r1 jl n eA--n na a s G f�
r'003- (108 �MAn, aje. PrnjeJ�s mig oA4,c na! Inclulne (J ; ti4
J I
Why do you want to serve on this board?
WPve ny s- eu iQnce. U ar4 r-
C�ov ern r►e'i,-�-',S w'� � � � rtic� � � �- -� �'7e_ �a �
You oresentiv serve on another City Board or Committee? NO
.If yes, please list:
Have you previously served on any other City Board or Committee M0
If yes, please list:
�rv�tin fit) t � 4
I will represent the best interests of the entire City while serving as a board member. I nereov waive ana release am
and all rights for claims for damages and iniuries I may suffer while oerformine or after oerformine vowntee
services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicit\,
purposes (unless requesting exemption).
If required for this board, I consent to the annual filing of the Statement of Financial Interests.
http://www.ethics.state.fl.us/ethics/forms.html
appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public
Jfficials [Florida Statutes. Chapter 112, Part 1/1) and Florida Sunshine Law (Florida Statutes, Chapter 286)
Statutes may be reviewed at http://www.f[senate.eov/statutes
I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered
for another board. I herebv certifv that all the statements made on this application are true and correct. I
understand that any false statements or omissions from this application may be cause for my application not to be
considered. Signature of Applicant: Date: / %
22—
Date Received by City Clerk's office 1by:A- wcJ AA'L-M,-a 162 of 457
U
an or
SEBASTIAN
HOME OF PELICAN ISLAND
VOLUNTEER BOARD AND COMMITTEE APPLICATION
This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with
FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that
their physical address and phone number remain confidential. Unless requested, that information will be available and not
redacted.
Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting
ordinance or resolution, Board and Committee terms are three years unless otherwise specified in the enacting ordinance or
resolution. You may reapply for succeeding terms upon term expiration.
Christopher Roberts
Name:
Address:
32958 772
Zip: Telephone: (
E-Mail Address: chroberts0015@gmail.com
Employer: Comprehensive Healthcare
Melbourne
City:
Business Telephone: ( ) -
Sebastian
City:
643 0615
State: Florida Zip:
State: Fl
32935
I am interested in serving on the following board(s)/committee(s):
151 Choice: Construction Board 2" Choice: Planning an9
Plin d Zoning Commission
CHARTER REVIEW COMMITTEE (serves only six months, every five years - next meeting in 2021)
CITIZENS BUDGET REVIEW ADVISORY BOARD
CONSTRUCTION BOARD"
NATURAL RESOURCES BOARD
PLANNING AND ZONING COMMISSION' *'
POLICE RETIREMENT BOARD OF TRUSTEES*
PARKS AND RECREATION ADVISORY COMMITTEE
VETERANS' ADVISORY BOARD
'Filing of financial disclosure is required following appointment
' 'Must be resident one year prior to application.
163 of 457
Please summarize special skills, qualifications, or education you have acquired for this appointment:
(Your resume, professional certifications or designations may be attached.)
I have a Bachelor's degree in Social Science and Religious Studies from Florida State
workingUniversity. 1 am curreptly ?r ?. certifir—ate- in domestic vicilance from Fastern Florida
State College. I have worked most of my career in social services/human services. i enjoy
helpincl pecipleand assist my r:l1ents opt canner:ted to the prvinps they nppril
Why do you want to serve on this board?
_I want to -serve on this hoard because I want to help contribute to my community and lnral
government. I want this city to be a place I am proud to reside. I want to help build a
community that is beneficial to my children.
Yes
Do you presently serve on another City Board or Committee?
If yes, please list: Construction Board for the City of Sebastian
NO
Have you previously served on any other City Board or Committee?
If yes, please list:
will represent the best interests of the entire City while serving as a board member. I hereby waive and release any
and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer
services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity
purposes (unless requesting exemption).
If required for this board, I consent to the annual filing of the Statement of Financial Interests.
httiD://www.etliics.state.fl.us/ethics/forms.html
If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public
Officials (Florida Statutes, Chapter 112, Part ill) and Florida Sunshine Law (Florida Statutes, Chapter 286)
Statutes may be reviewed at htto://www.flsenate.,Rov/StatLiteS
understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered
for another board. I hereby certify that all the statements made on this application are true and correct. I
understand that any false statements or omissions from this application may be cause for my application not to be
considered.
�•%.sfnr�� •�nFetfs
Signature of Applicant:
Date Received by City Clerk's Office g12-01ZOZZ
9/20/2020
Date:
by:WaA�A..rnA.
164 of 457
Christopher roberts
Sebastian, FL 32958
chroberts0015@gmail.com
+1 772 643 0615
Work Experience
Medical Case Manager
Comprehensive Healthcare - Melbourne, FL
February 2022 to Present
I manage a caseload of at least 50 clients to ensure they have the resources to manage their regular
health needs. My job consists primarily with scheduling medical appointments, transportation, and
assisting with insurance issues.
Child Protective Investigator
The State of Florida
June 2017 to December 2022
Experienced with conducting investigations following reports of abuse and/or neglect.
Experienced in conducting one on one interviews with adults and children.
Experienced in institutional, foster care, and "conflict case" specialized
Established close working relationships with law enforcement before, during and after investigations.
Consolidate gathered information to make child safety determinations on investigation.
Make determinations of referral for services and/or removal when warranted.
Works closely with team in dependency and neglect family court.
Department Manager
Walmart - Vero Beach, FL
November 2016 to July 2017
Managed the meat department.
Sales Associate
Walmart
November 2013 to November 2016
Education
Bachelor of Science in Social Science and Religious Studies
Florida State University
2011
High School Diploma
Sebastian River High School
2005
165 of 457
crn 0+
SEAT"
HOME OF PELICAN ISLAND
VOLUNTEER BOARD AND COMMITTEE APPLICATION
This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with
FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that
their physical address and phone number remain confidential. Unless requested, that information will be available and not
redacted.
Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting
ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or
resolution. You may reapply for succeeding terms upon term expiration.
Name:
Add ress:.33 � V tile_Y1 G a, e� Sk City: S k�—'b a S ` a v1 State:
Telephone: (gS� ) �U €loq l
E-Mail Address:—j WtGov, (!5yr��;��C.caw►
Employer: "2{: ►r'eC`. vc34kV\-�e_CV air �OV'e- p-� 1 UJ 5
City:-! lSrv� e're State: l Zip: 3 2 c? I{ O
Business Telephone: ( 7 7 -_� ) 531 - -� q 1 �7
I am interested in serving on the following boards)/committee(s):
�j �S��t., I��Yks Pec Advi scr-y UMMIftet
15`Choice: r{��h `AS�i oti\��yCorkm 2�'aChoice: l�4L rcLi 2e-5aurce
Board
CHARTER REVIEW COMMITTEE (serves only six months, every five years —next meeting in 2016)
CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary)
CONSTRUCTION BOARD* (permanent)
DISABILITIES ADVISORY COMMITTEE (temporary)
NATURAL RESOURCES BOARD (permanent)
PLANNING AND ZONING COMMISSION* ** (permanent)
POLICE RETIREMENT BOARD OF TRUSTEES*
PARKS AND RECREATION ADVISORY COMMITTEE (permanent)
VETERANS' ADVISORY BOARD (permanent)
*Filing of financial disclosure is required following appointment
"Must be resident one year prior to application.
166 of 457
Please summarize special skills, qualifications, or education you have acquired for this appointment:
(Your resume, professional certifications or designations may be attached.)
R [ � � (� t`eV "•`� �1 � �r i e� r V1 o e� j y� �� e • C v i�S (L�`4 ti'1
Why do you want to serve on this board?
C-d t�Y+` �h4� y
Do you presently serve on another City Board or Committee? An
If yes, please list:
Have you previously served on any other City Board or Committee? Nto
If yes, please list:
l will represent the best interests of the entire City while serving as a board member. I hereby waive and release any
and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer
services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity
purposes (unless requesting exemption).
If required for this board, I consent to the annual filing of the Statement of Financial Interests.
htti)://www.ethics.state.fl.us/ethics/forms.htmi
If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public
Officials (Florida Statutes, Chapter 112, Part Ill) and Florida Sunshine Law (Florida Statutes, Chapter 286)
Statutes may be reviewed at httr)://www.flsenate.gov/statutes
I understand i must contact the City Clerk's office to request reappointment prior to expiration or to be considered
for another board. I hereby certify that all the statements made on this application are true and correct. I
understand that any false statements or omissions from this application may be cause for my application not to be
considered. I , ,, '}
Sig PP nature of Applicant: + 141— — - Date: ` 1 -7 3
� .
Date Received by City Clerk's Office 11 17 / 7 o. 7 3 by: Z�J
1A �UUI�-� 6 LJ
167 of 457
PLANNING & ZONING COMMISSION
3-YEAR TERMS
MEETS 1 ST AND 3RD THURSDAY OF EACH MONTH - 6:00 P.M.
MEMBER NAME AND APPOINTMENT HISTORY CURRENT STATUS
ADDRESS
[MOST RECENT HISTORY FIRST]
Linda Kinchen Took Hughan's unexpired regular Term to expire 11/1/2023
190 Delmar Street member position 2/9/2022
Sebastian, FL 32958
lindadolfanO,aol.com
(772) 538-0253
Rick Carter Reappointed 5/27/2020 Term to expire 4/1/2023
237 Main Street
Sebastian, FL 32958 Reappointed 3/22/17
focussys ialcomcast.net
918-4600 Took Cardinale's expired regular
member position 4/27/11
Took Durr's unexpired alt member
position 2/9/11
Reappointed 3/26/14
Stephen Lucier Took Qizilbash's unexpired regular Term to expire 5/1/2023
425 Toledo Street member position 3/9/2022
Sebastian, FL 32958
steveluc(cDicloud.com
925-2869
Dennis Haddix Took Simmon's expired regular member Term to expire 2/1/2026
105 Wood Stork Way position 2/8/23
Sebastian, FL 32958
haddixd()amaii.com Took Jordan's unexpired alternate
(772) 925-5698 member position 10/12/22
Louise Kautenburg Appointed regular member 6/9/2021 Term to expire 6/1/2024
973 Oswego Avenue Took Reyes regular member position
Sebastian, FL 32958
Louisekl O-iuno.com Appointed alternate member 2/12/2020
696-3716
Reappointed regular member 2/22/17
Took Durr's unexpired regular member
position 10/14/15
Reappointed 1/8/14
Took Hennessey's unexpired alternate
member position 3/14/12
168 of 457
Sara Battles
530 Cross Creek Circle
Sebastian, fl_ 32958
Sara. batllesOkimlev-horn.com
(703) 843-1721
Al Alvarez
492 Quarry Lane
Sebastian, FL 32958
alalvarez(cDaol.com \
532-8767 �+
Sherrie Matthews - Alternate
Exempt per F.S.119.071
Smatt0618CcDcomcast. net
(772) 473-6757
Susan Lorusso - Alternate
113 Joy Haven Drive
Sebastian, FL 32958
sloruCa)aol.com
(772) 321-2150
Took Roth's unexpired regular member
position 3/9/2022
Reappointed 11/21/22
Reappointed 11/20/19
Took Dodd's expired regular member
position 12/14/16
Took McManus' unexpired alternate
member position 11/19/14
Took Haddix's alternate member position
2/8/2023
Term to expire 5/1/2025
Term to expire 11/1/2025
Term to expire 1/1/2026
Took Jordan's alternate member position Term to expire 11/1/2025
11/21/2022
School Board Member: Dr. Gene Posca, (772) 269-3553 Gene.Posca@indianriverschools.org
4 regular members are needed to make a quorum. m vie event a regular member cannot make the meeting, an alternate steps in.
169 of 457
jf� cc
SIERAST
1
HOME OF PELICAN ISLAND
February 27, 2023 Contact: City Clerk's Office 388-8215
PRESS RELEASE
PLANNING AND ZONING COMMISSION
The City of Sebastian is seeking applicants to fill one unexpired, regular member position on the
Planning & Zoning Commission. The term will expire November 1, 2025.
The Planning and Zoning Commission is responsible for planning and reviewing land use
decisions within the City. This is a volunteer position. Applicants must have been a City
resident one year prior to application and file annual financial disclosure.
If Council fills a regular member position with an alternate member, Council reserves the right to
fill the alternate position with the remaining applicants.
This Commission meets on the first and third Thursday of each Month at 6:00 p.m. in the
Council Chambers, 1225 Main Street, Sebastian.
Applications are available in the City Clerk's office, City Hall, 1225 Main Street, Sebastian,
between the hours of 8:00 a.m. to 4:30 p.m. or at www.citvofsebastian.orq and will be accepted
until March 15, 2023.
UNIB
170 of 457
nrvcf
SEB `SWN
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: March 22, 2023
Agenda Item Title: Graves Brothers Company Annexation Agreement — Resolution R-22-34
Recommendation: Consideration of Resolution R-22-34
Background: In accordance with Florida Statute 171.044, Voluntary Annexation and the City of
Sebastian Comprehensive Plan; the property owners, Grave Brothers Company, have requested a voluntary
annexation into the City of Sebastian. The subject property consist of 2044.3 acres, more or less, located south of
the north boundary of County Road 510 ROW, west of lands adjacent to the 74'h Ave ROW, north of 69d' Street
ROW, and east of 901h Ave ROW. The subject property is currently vacant agricultural land in unincorporated
Indian River County, contiguous to the existing corporate limits and boundaries of the City of Sebastian. The
proposed development lies adjacent to and contiguous with the service boundary for municipal services and
applicant has provided a Public Facilities Statement.
An Annexation Agreement (Agreement) attached, has been negotiated between the City of Sebastian and Graves
Brothers Company, the property owner. The Agreement will be presented for adoption under Resolution R••22-34.
Adoption of 0-22-07 shall be subject to approval of R-22-34 and execution by all parties of the Annexation
Agreement.
The applicant has requested a Mixed Use (MU) land use designation consistent with the City's adopted
Comprehensive Plan 2040. A Mixed Use land use was recommended by the Treasure Coast Regional Planning
Council (TCRPC), the Florida Department of Economic Opportunity (FDEO), the City's Land Planning Agency
and local stakeholders. This land use was adopted by the City Council in order to achieve a balance within the
growing community by providing the opportunity for future development that would lessen impacts on the City
Center and existing infrastructure. A mix of land uses within a designated development provides area for
economic centers for job growth and commerce, and generally includes a mix of higher density to increase
affordability and improve accessibility.
The applicant does not have a proposed development plan for the subject property at this time. Additional
information regarding the ibture use of the property will be presented during the zoning amendment and land
development process. However, language has been included within the Agreement, and subsequent
Comprehensive Plan text amendment, which ensures that a coordinated, compatible mix of uses is part of the
master planned design.
The Development of the Real Property shall be Master Planned as a PUD on a minimum of 400 acre parcels. A
range of Mixed Uses consisting of 60%-80% Residential Land Use categories shall be balanced with a mixture of
non-residential Land Use categories with a range of 20% -40%. During the PUD process, the acreage within the
PUD shall be a mix of uses including Residential, Institutional, Commercial and Industrial. The Residential Land
Use on the Real Property shall include a target mix of 40% Medium Density, 40% Low Density and 20% Very
Low Density for the purposes of calculating permissible density. Densities may be transferred within each PUD
parcel or outside to other PUDs within the Real Property provided the Residential Land Use range is not exceeded
on the Real Property. There shall be a minimum 50% Open Space requirement for the Residential property. Non-
residential Land Uses may include up to 25% Multifamily Residential Uses. Notwithstanding any other provision
in this Agreement, the Density permitted on the Real Property shall be the allowable destiny per the limiting
factors as further defined in this Agreement and in the City's Land Development Code and Comprehensive Plan
Site Specific Policy 1-1.7.1.
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Attachment:
1. Annexation Agreement
2. Resolution R-22-34
I
Administrative Services Departure Review:�J _
City Attorney Review
Procurement Division R view, if plicabie: �" W104
City Manager Authorization:
Date: �r/,1,)
172 of 457
THIS INSTRUMENT RETURNS TO:
Jeanette Williams, MMC, City Clerk
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
THIS INSTRUMENT PREPARED BY:
Paul R. Gougelman, III, Esq.
Weiss Serota Helfman Cole & Bierman, P.L.
200 East Broward Blvd. - 19th Floor
Ft. Lauderdale, FL 33301
Property Appraiser's Identification #
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Sebastian/Annexation 18.Agt Final Draft
Manny Anon, Jr., City Attorney
City of Sebastian
1225 Main Street
Sebastian, FL 32958
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31-38-36-000005-0000000-1.0
02/08/2023
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ANNEXATION AGREEMENT
FOR
GRAVES BROTHERS COMPANY
THIS AGREEMENT is made and entered into this day of , 2023, by
Graves Brothers Company, a Florida Corporation, whose address is 2770 Indian River Blvd., Suite 201, Vero
Beach, FL 32960-4230; and the City of Sebastian, a Florida Municipal Corporation (hereinafter: the "City),
whose address is 1225 Main Street, Sebastian, Florida 32958.
RECITALS:
WHEREAS, the City of Sebastian, a Florida Municipal Corporation, is specifically authorized pursuant
to Section 171.044, Florida Statutes (2022), to annex land upon the petition of the property owner; and
WHEREAS, Graves Brothers Company, a Florida Corporation, has petitioned the City for voluntary
annexation of the Real Property; and
WHEREAS, Graves Brothers Company, a Florida Corporation, hereby affirms that the Real Property
meets all requirements for annexation pursuant to the aforesaid Section 171.044, Florida Statutes (2022) and
as otherwise set forth in Florida law and the City's Codes and Ordinances, for the voluntary annexation of real
property; and
WHEREAS, Graves Brothers Company, a Florida Corporation, and the City desire to set forth certain
understandings with regard to the proposed use of the Real Property upon annexation, and based thereon, the
parties hereto desire to enter into this Annexation Agreement; and
WHEREAS, the City further enters into this Agreement pursuant to its Charter and home rule powers
pursuant to Article Vill, Section 2, Florida Constitution of 1968 and Section 166.021, Florida Statutes; and
WHEREAS, Graves Brothers Company, a Florida Corporation, legally incorporated by the Secretary of
State, State of Florida, which corporate charter and standing with the State of Florida is current active, and in
good standing, as a Florida for -profit corporation; and
WHEREAS, Graves Brothers Company, a Florida Corporation, is authorized by Chapter 607, Florida
Statutes, and its charter, articles of incorporation, and by-laws to execute this Agreement; and
WHEREAS, Graves Brothers Company, a Florida Corporation, by execution of this Agreement hereby
affirms, warrants to, and affirms the City that it has taken all requisite corporate action to approve the
execution of this Agreement; and
WHEREAS, at the time of execution of this un-amended, base document Agreement, Graves Brothers
Company, a Florida Corporation, was and is the legal Owner of certain Real Property (the "Real Property")
located in Indian River County, Florida, which Real Property is the subject matter of this Agreement; and
WHEREAS, Graves Brothers Company, a Florida Corporation, hereby affirms, warrants to, and
assures the City that it has legal marketable title in fee simple to the Real Property has lawful authority to
petition for the voluntary annexation of the property set forth herein and desires to annex the Real Property
into the municipal boundaries of the City; and
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WHEREAS, said Real Property constitutes 2,044.3 +/- annexed acres of property within the Southwest
area of the City of Sebastian which is reasonably compact and contiguous to the municipal boundary of the
City, and will not result in the creation of enclaves; and
WHEREAS, the parties desire to enter into this Agreement relating to the annexation of the Real
Property in order to achieve the Development of the Real Property permitted under Article III of this Agreement
and all in the promotion of the public health, safety, welfare, economic order, and aesthetics of the City; and
WHEREAS, this Agreement has been found to be consistent -with the City's Comprehensive Plan and
amendments pending adoption thereto; and
WHEREAS, on February 08, 2023, the City Council of the City of Sebastian adopted Ordinance No. 0-
22-07 approving this Agreement and directing the City Manager to execute this Agreement as provided in
Section 3.04(g) of the Charter of the City of Sebastian; and
WHEREAS, it is the intent of the parties hereto to Develop the Real Property based on the terms of this
Agreement; and
WHEREAS, all parties hereto have, without duress, voluntarily entered into this Agreement.
NOW, THEREFORE, in consideration of TEN and 00/100 Dollars ($10.00) and certain other valuable
considerations, each to the other paid in hand, the sufficiency and receipt all of which be and the same is
hereby acknowledged, the parties desiring to be legally bound hereby agree as follows:
ARTICLE I
RECITALS, DEFINITIONS
Section 1.1. Recitals: Properties Subiect to Agreement. The Real Property shall be held,
transferred, sold, conveyed, occupied, annexed, and Developed subject to this Agreement. Each and all of
the foregoing recitals (the "WHEREAS" clauses above) are hereby declared to be true and correct and are
incorporated herein.
Section 1.2. Definitions. In this Agreement, unless the context otherwise indicates, the terms set
forth below are defined as follows:
(a) "Affordable Housing" as defined by the Federal Department of Housing and Urban
Development (HUD) and Chapter 420, Florida Statutes, means that monthly rents or monthly mortgage
payments including taxes, insurance, and Utilities do not exceed 30 percent of the amount which represents
the percentage of the median adjusted gross annual income for the households.
(b) "Agreement" means and refers to this Annexation Agreement and as the same may be
amended from time to time.
(c) "City" means and refers to the City of Sebastian, a Florida Municipal Corporation.
(d) "Commercial Use" means the portions of the Real Property intended to be Developed
with professional Office or retail Commercial Development as provided in the Land Development Code. There
may be one or more Commercial Parcels which are predominantly connected with the sale, rental and
distribution of products, or performance of services.
(e) "Compatibility" or "Compatible" is defined as the characteristics of different uses or
activities or design which allow them to be located near or adjacent to each other. Some elements affecting
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compatibility include the following: height; scale; mass and bulk of structures; pedestrian or vehicular traffic,
circulation, access and parking impacts; landscaping; lighting; noise; odor; and architectural style.
Compatibility does not mean "the same as." Rather, it refers to the sensitivity of Development proposals in
maintaining the character of existing Development.
(f) "Concurrency" is the legal requirement that specified Public Facilities (recreation and
Open Space, potable water, reuse water, sanitary sewer or Wastewater, solid waste, Stormwater
Management System, and transportation) be provided for, by an entity to an adopted Level of Service.
(g) "Conservation" refers to environmentally sensitive areas that reserves and restricts
Development on those lands in order to protect the environmentally sensitive lands.
(h) "Consistent with the Comprehensive Plan" means a condition in which Land Uses or
conditions can co -exist in relative proximity to each other in a stable fashion over time such that no use or
condition is unduly negatively impacted directly or indirectly by another use or condition. A Development shall
be consistent with the comprehensive plan if the Land Uses, densities or intensities, and other aspects of
Development permitted by such order or regulation are Compatible with and substantially further the policies,
Land Uses, densities or intensities, capacity or size, timing, and other aspects of the Development in the
comprehensive plan, and if it meets all other criteria enumerated by the City, including the Land Development
Codes in effect at the time of issuance of a Final Development Order. See §§163.3164 and 163.3194, Fla.
Stat.
(i) "County" means and refers to Indian River County, a political subdivision of the State of
Florida
0) "Density" is used as a measurement of the number of Dwelling Units per gross acre of
land
(k) "Developer" is one who actually Develops, or has the right to Develop, any portion of the
Real Property regardless of size. A Developer may also be an Owner of all or a portion of the Real Property.
(1) "Development" or to "Develop" means and is defined as set forth in Sections 163.3164
and 380.04, Florida Statutes, as amended, or superseded, from time to time, which is set forth below. The
construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; the
making of any material change in the use or appearance of any structure or land, or the dividing of land into
three or more parcels; any mining, excavation, landfill or land disturbance; and any nonagricultural use or
extension of the use of land, are all activities included within the terms "Development" or to "Develop." The
term "Development or to "Develop" includes redevelopment. The term "Development" or to "Develop" shall
include construction within any public Right of Way that is dedicated, conveyed, or proposed to be conveyed
or dedicated to the public or to a governmental entity. "Development" shall be the planned or actual act of
placing Development on the land, consistent with City Code and Florida Statutes.
(m) "Development Order" means any order granting, denying, or granting with conditions an
application for a Development Permit. See §163.3164, Fla. Stat.
(n) "Development Permit' includes any building permit, zoning permit, subdivision approval,
rezoning, certification, special exception, conditional use, variance, or any other official action of local
government having the effect of permitting the Development of land. See §163.3164, Fla. Stat.
(o) "Dwelling Unit' is a room or group of rooms forming a single independent habitable unit
used for or intended to be used for living, sleeping, sanitation, cooking and eating purposes by one (1) family
only; for owner occupancy or for rental, lease or other occupancy and containing independent kitchen, sanitary
and sleeping facilities. A Dwelling Unit per gross acre is also a measure of Density.
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(p) "Final Development Order" means the issuance of a Development Order for a Site Plan
or in the case of a Residential Use for Single -Family Dwellings, a Development Order for a final Plat. In
certain cases as specifically stated in this Agreement, a Final Development Order may mean a building permit
to commence construction of a structure or building.
(q) "Floor Area Ratio" or "FAR" is a measurement of non-residential Development which
represents the gross floor area of all buildings, structures, or similar as compared to the total area of the
property on which it is located. The Floor Area Ratio is a fraction, the numerator of which is the gross floor
area of all floors in structures and the denominator of which is the square footage of the property. The ratio is
measured in square feet to the area of a Real Property, excluding any bonus or transferred floor area.
(r) "Green Infrastructure" refers to ecological systems, both natural and engineered, that act
as living infrastructure. Green Infrastructure elements are planned and managed primarily for Stormwater
control, but also exhibit social, economic and environmental benefits.
(s) "Impact Fee" means a fee levied by the City, or other governmental entity, on new
Development so that the new Development pays its proportionate share of the cost of new or expanded Public
Facilities required to service that Development.
(t) "Industrial Land Use" or Industrial Use" means the portions of the Real Property intended
to be Developed with activities predominantly connected with manufacturing, assembly, processing, or storage
of products, which are defined herein as an Industrial Use. There may be one or more Industrial parcels.
(u) "Heavy Industrial Land Use" or "Heavy Industrial Use" refers to an Industrial property
subtype in which the property is occupied by one or more tenants and the property is utilized for heavy
industrial purposes, i.e. heavy manufacturing, petroleum products, cement, recycling center, and other uses,
all of which Heavy Industrial uses must be consistent with and as provided by Section 54-2-5.6A of the Land
Development Code of the City of Sebastian, as amended, or superseded, from time to time.
(v) "Infrastructure" means and refers to those man-made structures which serve the
common needs of the population, such as: roadways, Wastewater or sewage, Stormwater, Wastewater
treatment or disposal systems; potable or reuse water systems; potable water wells serving a system; solid
waste disposal sites or retention areas; Stormwater systems and outfall; Utilities; bridges; and, roadways.
(w) "Institutional Land Use" means the portions of the Real Property intended to be
Developed with facilities providing a government or public service, recreation, certain Infrastructure
Developments, or Conservation, which are defined herein as an Institutional Use. There may be one or more
Institutional Parcels.
(x) "Land Development Code" means ordinances or resolutions enacted by the City Council
for the regulation of any aspect of Development and includes any local government zoning, rezoning,
subdivision, building construction, landscaping, or sign regulations or any other regulations controlling the
Development of land, or as amended from time to time. See Land Development Code and §163.3164, Florida
Statutes.
(y) "Land Use" means the Development that has occurred on the Real Property, the
Development that is proposed by a Developer on the land, or the use that is permitted or permissible on the
land under the then currently effective comprehensive plan or element or portion thereof, or the Land
Development Code, as the context may indicate.
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(z) "Level of Service" means and refers to an indicator of the extent or degree of service
provided by or proposed to be provided by a facility based on and related to the operational characteristics of
the facility. Level of Service shall indicate the capacity per unit of demand for each Public Facility.
(aa) "Lot" means and refers to a parcel of land of at least sufficient size to meet minimum
zoning and Land Development Code requirements, in existence at the time of Platting or Development, for
use, coverage and area, and to provide such yards and other Open Spaces.
(bb) "Low Impact Design" means systems and practices that use or mimic natural
processes through incremental treatment of Stormwater runoff that result in the infiltration,
evapotranspiration or storage of Stormwater in order to protect water quality and associated aquatic habitat.
(cc) "Master Planning" or "Master Planned" means creation of illustrative plan depicting the
Real Property and locating Development area, spine roads, and assigning intensity and/or density to the
Development area.
(dd) "Manufactured Housing" means a Mobile Home fabricated on or after June 15, 1976, in
an offsite manufacturing facility for installation or assembly at the building site, with each section bearing a
seal certifying that it is built in compliance with the federal Manufactured Home Construction and Safety
Standard Act.
(ee) "Mixed -Use Development" means and refers to a type of Development that combines a
mix of uses that shall include a mixture of residential, office, commercial, recreational, limited industrial and/or
institutional uses within one building or multiple buildings with direct pedestrian access between uses. Also, a
Mixed -Use Development may encourage town centers along major arterial transportation corridors.
(ff) "Mobile Home" means a residential structure, transportable in one or more sections, which
is 8 body feet or more in width, over 35 body feet in length with the hitch, built on an integral chassis, designed
to be used as a dwelling when connected to required Utilities, and not originally sold as a recreational vehicle,
and includes the plumbing, heating, air-conditioning, and electrical systems contained therein.
(gg) "Multi -Family Dwelling Units" means three or more attached dwelling units either stacked
vertically above one another and/or attached by side or rear walls.
(hh) "Open Space(s)" means and refers to lands suitable for passive recreation,
Conservation, Stormwater uses (inclusive of lakes and canals) as further defined in this Agreement and in the
City's Land Development Code and Comprehensive Plan Site Specific Policy 1-1.7.1.
(ii) "Owner" means and refers to Graves Brothers Company, a Florida Corporation,
organized under the laws of the State of Florida, the record owner of the fee simple title to the Real Property,
less and excepting all ROW, and to its or their successors, heirs and assigns or the Developer.
Qj) "Planned Unit Development" or "(PUD)" is a form of Development recognized from time
to time within the City's Land Development Code as a specific implementing zoning district and which creates
a Planned Development. Development that is designed as a unit, and which shall include only one or a
mixture of Land Uses, and which generally avoids a gridiron pattern of streets, and usually provides common
Open Space, recreation areas or other amenities. Requirements include submission and review of Site Plans
as part of the zoning or rezoning to a PUD zoning district.
(kk) "Planned Development" is land that is under unified control and planned and Developed
as a whole in a single development operation or a definitely programmed series of Development operations. A
Planned Development includes principal and accessory structures and uses substantially related to the
character and purposes of the Planned Development. A Planned Development is constructed according to
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comprehensive and detailed plans which include not only streets, Utilities, Lots or building sites and the like,
but also Site Plans and floor plans for all buildings as intended to be located, constructed, used and related to
each other, and detailed plans for other uses and improvements on the land as related to the buildings.
(II) "Parcels" means any contiguous quantity of land capable of being described such that
its location and boundaries may be established, that is designated by its owner(s) or developer(s) as land to
be used or developed as a unit, or that has been used or developed as a unit.
(mm) "Plat" shall be defined as a map or delineated representation of the subdivision of land
or lands, being a complete exact representation of the subdivision and other information in compliance with
the requirement of all applicable sections of Chapter 177, Florida Statutes, as amended from time to time, and
City subdivision regulations, in effect at the time of platting or replatting of a particular Development. The term
"plat" shall include a replat. See §177.031, Fla. Stat.
(nn) "Public Facilities" or "Public Facility" means publicly owned Infrastructure including,
rights -of -way, roadway or transportation systems or facilities, sewer or Wastewater systems or facilities, solid
waste systems or facilities, Stormwater facilities, drainage systems or facilities, potable or reuse water
systems or facilities, educational systems or facilities, parks and recreation systems or facilities and public
health systems.
(oo) "Real Property" means and refers to all such existing real property as described in
Exhibits 1A & 113, attached hereto and by this reference incorporated herein. To the extent that the written
metes and bounds legal description and the pictorial sketch conflict, the sketch shall supersede the written
metes and bounds legal description in interpreting the description of the Real Property.
(pp) "Residential Land Use" or "Residential" means the portions of the Real Property
intended to be Developed with a residential use, for use as Single Family Dwelling Units or Multi -family
Dwelling Units, which are defined herein as a residential use. There may be one or more Residential parcels.
(qq) "Recreation Facility" means a component of a recreation site used by the public such as
a trail, court, park, athletic field, swimming pool, or for the pursuit of leisure time activities occurring in an
indoor or outdoor setting.
(rr) "Right of Way" means and refers to land in which the state, a county, a municipality or a
special or improvement district, holds the fee simple title or has an easement, or dedicated rights of use,
required for a public use.
(ss) "Single Family Dwelling Unit" means a structure containing a residential single family
Dwelling Unit occupying the building from ground to roof.
(tt) "Site Plan" means an illustrated proposal for the Development or use of a particular piece
of the Real Property. The illustration consists of a map or sketch of how the Real Property will appear if the
Development proposal is accepted by the City. The requirements for the contents of a Site Plan are as set
forth in City's Land Development Code, as amended from time to time. The Site Plan regulations applicable
to Development of a specific parcel of the Real Property shall be those in effect at the time of approval of
the Site Plan by the City.
(uu) "Stormwater" means and refers to the flow of water which results from and which occurs
immediately after a rainfall event.
(vv) "Stormwater Management System" means and refers to a feature or facility which
collects, conveys, channels, holds, inhibits or diverts the movement of Stormwater shall be inclusive of Best
Management Practices (BMP).
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(ww) "Utility" includes but is not limited to gas, water, re -use water, sewer, telephone, power,
Stormwater drainage, and cable television.
(xx) "Wastewater" means the spent water of the community comprising the liquid and water -
carried wastes from residential uses, commercial uses, industrial uses, and institutional uses, together with
minor quantities of ground and surface waters that are not admitted intentionally.
ARTICLE II
ANNEXATION
Section 2.1. Petition to Annex.
(a) The Owner has voluntarily submitted to the City a formal and revised Petition or request
for Annexation of the Real Property. This Agreement memorializes the existing Petition to Annex by the Owner
and constitutes a Petition to Annex the Real Property. The Owner warrants that the Petition has been executed
by all of the existing fee simple title owners of record of the portion(s) of the Real Property to be annexed and has
been filed with the City in compliance with any and all applicable requirements of law, including, but not limited to,
Chapter 171, Florida Statutes.
(b) This sub -section of the Agreement represents and includes findings by the Owner and the
City that:
(1) A substantial portion of the boundary of the Real Property is substantially
contiguous to the City's corporate boundary. "Contiguous" is defined as set forth in Section 171.031, Florida
Statutes;
(2) The Owner, for itself and the Developer of each subdivision or Parcel of the Real
Property, at its sole expense, intends to provide adequate Public Facilities for the Real Property; and
(3) The Real Property is ideally suited for annexation into the City due to its proximity
to the City and adjacent transportation corridors and Public Facilities; and
(4) The annexation will yield substantial benefits to the Owner, the City, and to the
Real Property in the form of planned Mixed -Use Development, an increased tax base to the City, Conservation of
natural habitats, Open Space, and increased employment opportunities.
(c) The Annexation petition to annex a portion of the Real Property may be withdrawn by
the Owner of that portion of the Real Property at any time prior to final approval of the annexation ordinance
pertaining to that portion of the Real Property. If the petition is withdrawn, this Agreement is hereby
terminated as to that portion of the Real Property, and the parties hereto shall not be bound by this Agreement
with regard to its application to that portion of the Real Property. However, no application fees or other type of
fee or charge paid to the City or any other governmental entity, or obligated to be paid to the City or other
governmental entity shall be refunded, and the City shall be released form any liability for the release of the
obligation or refund of the fee or charge by the Owner. This provision shall survive the termination of this
Agreement.
Section 2.2. Consideration of Petition. The City shall have the full and complete right to deny
annexation, defer annexation, or approve annexation of the Property or any portion thereof. By execution hereof,
the Owner understands and agrees that the City makes no representation as to the suitability or legal
appropriateness of the Real Property for annexation or that the City will annex the Property at any time or based
upon any specific conditions, except as otherwise set forth herein.
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Section 2.3. Cooperation. The Owner agrees to cooperate in the process of annexing the Real
Property, based on any time schedule, as may be required by the City in its sole and absolute discretion, subject
to the provisions of this Agreement. Annexation of any part or portion of the Property shall not relieve the Owner
of its obligation to cooperate with the City in, and to keep alive the Petition for, Annexation of all the Real
Property, or portions of the Real Property.
Section 2.4. Litiaation. Should any "party affected," or as defined in Chapter 171, Florida Statues (or
any successor statute), file a legal action with a court of competent jurisdiction contesting the annexation of the
Real Property or this Agreement, the Owner, at the request of the City, agrees to participate in defense of the
annexation and this Agreement. Further, with regard to any attorneys' or paralegals' fees or court costs, or
adverse judgment, incurred by the City directly relating to its defense of any lawsuit with the City, if any, relating
to contest of the annexation hereunder or this Agreement, the Owner agrees to indemnify and save harmless the
City for the payment of any claims or damages, as well as any court costs, adverse judgment and attorney's and
paralegal's fees, incurred in defending said action or as a direct or indirect result of said action. As used herein,
the term "defense" shall include any counter -claims, appeals, or cross -appeals. As used herein, reference to
attorney's fees or paralegal's fee shall apply to both trial and any appeal and to any negotiation of settlement of
claims relating to this Agreement or any annexation. The Owner will have to make any payment to the City within
ten (10) days of receiving any invoices from the City pertaining to any claims or damages, as well as any court
costs, adverse judgment and attorneys or paralegal's fees, or court costs, as stated above. The City, at it sole
cost and expense, will have the authority pursuant to this Agreement to retain the legal counsel of its choice.
ARTICLE III
DEVELOPMENT OF THE PROPERTY
Section 3.1. Development Plan.
(a) Future Development Planninq.
(1) As of the Effective Date of the original, un-amended Annexation Agreement, there is
no graphic or written version of a Development Plan for the Real Property. The Owner/Developer agrees that
this Agreement does not authorize approval of any specific Development Order, subdivision or Site Plan
proposal. However, the Owner and any Developer of any portion of the Real Property, agrees that minimum
standards in this Agreement shall guide and bind the Development of the Real Property.
(2) The Owner and the City agree that due to the size of the Real Property and its
location, that Development of the Real Property shall be Master Planned through a Mixed Use PUD zoning on
a minimum of 400 acre Parcels as part of the Planned Unit Development (PUD). Development of the Real
Property shall consist of a well -planned, sustainable and integrated system of Land Use; consistent with
Future Land Use Map (FLUM) and City Ordinance 0-22-13, [see Section (b)(2) a. through m., infra] containing
a mix of Residential and non-residential uses.
(b) Comprehensive Plan Land Use Desiqnation.
The City has taken action to designate the Real Property on the Future Land Use Map
(FLUM) of the City's Comprehensive Plan as Mixed Use as provided in Policy 1-1.3.6 of the Future Land Use
Element.
(1) Mixed Use (MU) Development. The Real Property shall be Developed
Consistent with the Comprehensive Plan Future Land Use Classification in effect and according to Florida
Statutes at the time of Development as determined by the City, and in no event will the Real Property
Development exceed the maximum Density and Intensity of Use in this Agreement, and will satisfy all other
requirements of this Agreement. The purpose of the Mixed Use designation is to provide a mixture of
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Residential, Commercial, recreational, Industrial, Heavy Industrial, and Institutional uses and promote town
centers along major arterial corridors.
The Development of the Real Property shall be Master Planned as a PUD on a minimum of 400 acre Parcels.
Within the real property, a range of Mixed Uses consisting of 60%-80% Residential Land Use categories shall
be balanced with a mixture of non-residential Land Use categories with a range of 20% - 40%. During the PUD
process, the acreage within the PUD shall be a mix of uses including Residential, Institutional, Commercial
and Industrial. The Residential Land Use on the Real Property shall include a target mix of 40% Medium
Density, 40% Low Density and 20% Very Low Density for the purposes of calculating permissible density.
Densities may be transferred within each PUD parcel, or outside to other PUDs within the Real Property,
provided the Residential Land Use range is not exceeded on the Real Property. There shall be a minimum
50% Open Space requirement for the Residential property. Non-residential Land Uses may include up to 25%
Multifamily Residential Uses. Notwithstanding any other provision in this Agreement, the Density permitted on
the Real Property shall be the allowable Density per the limiting factors as further defined in this Agreement
and in the City's Land Development Code and Comprehensive Plan Site Specific Policy 1-1.7.1.
Notwithstanding any other provision in this Agreement, the maximum Density for Residential uses is 10,794
units (an average of 5.28 du/ac of the Real Property).
Notwithstanding any other provision in this Agreement, the maximum Intensity on Commercial Use shall be 0.6
FAR, and the maximum Intensity on Industrial Use shall be 0.5 FAR. There shall be a minimum 30% Open
Space requirement for the Industrial and Commercial Uses.
(2) Comprehensive Plan Requirements. The City has approved Ordinance 0-22-13
as part of the Comprehensive Plan which includes the following principals of Mixed -Use Development for the
Real Property. These principles shall further guide and bind Development of the Real Property under the
Comprehensive Plan Site Specific Policy 1-1.7.1, as amended from time to time. The Owner agrees to and
consents to the site specific policy as set forth below which is the policy adopted by the City Council in effect at
the time of consummation of this Agreement in its original, un-amended form, which is set forth below.
a. Rezoning of the property shall be done through a Planned Unit Development process as described in
Article XX of the City's Land Development Code, as amended, or superseded, from time to time.
b. Housing types shall be mixed to meet various income levels and lifestyle choices; a mix of Single
Family Dwelling Units and Multi -Family Dwelling Units (the "Dwelling Units") consisting of a variety of housing
choices in order to achieve the mix of housing required for affordability and accessibility within a mixed use
development. The housing mix targets 40% Medium Density up to 10 units/acre; 40% Low Density up to 5
units/acre; and 20% Very Low Density up to 3 units/acre, including at least 5 percent (5%) and up to 10
percent (10%) of the Dwelling Units on the Real Property as being Affordable Housing.
c. Provision for future dedication of Right of Way, at the time of Development, to the extent required for
the Development and upon mutual consent of the Owner, shall be transferred to the appropriate entity to
promote an interconnected, extended and improved grid road system, along with a well -planned transportation
system of roads and streets throughout the Real Property, in coordination with the County, to specifically
include 84 h Avenue, 81 s` Street, 77 h Street, and 73`d Street, as well as 7e Avenue.
d. Provision shall be made on the Real Property for a mixed -use "Town Center" area including an active
street frontage or context sensitive street design, compatibility of central theme or design character, and a
comprehensive transportation network that promotes walkability thru compact Development and proximity of
structures, reduces auto dependence, and connects to state and local transportation corridors.
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e. To the extent required for and at the time of the Development, future dedication and donation of
Institutional parcels may be required as necessary for governmental services such as post offices, public
safety, schools, etc. and Public Facilities that may be needed for increases in necessary services, as identified
by concurrency analysis in accordance with the City of Sebastian Land Development Codes and Ordinances
at the time of development.
f. Strategic assembly of commerce and industrial development consistent with the City's Comprehensive
Plan Mixed Use Land Use.
9. To the extent required for and at the time of the Development, future dedication or conveyance of
Conservation lands to appropriate entity to include any natural areas of significant importance, and the
provision of greenway trails to promote a system of connectivity and access consistent with the City's
Comprehensive Plan and Land Development Codes.
h. To the extent required for and at the time of the Development, dedication of City Park and recreational
lands above what will be required in the individual residential subdivision developments. Allocation of parks
and recreational lands consistent with the City's Comprehensive Plan and Land Development Codes
specifically: a minimum of 2 acres per 1000 residents of publicly accessible recreation lands, and a minimum
of 2 acres per 1000 residents of other recreational lands. Publicly accessible lands shall be designated at the
time of PUD zoning and may be conveyed to the City. The dedicated lands, shall count towards the required
aggregate open space required for the Real Property;
i. Increased buffers adjacent to low density areas outside of the PUD area shall be in accordance with
existing City Land Development Codes.
L As a condition of future Development of the Real Property, the Owner shall provide sufficient land area
for Public Facility Infrastructure required to support the Development and mandate hook-up to central potable
water and wastewater systems for all new Developments on the Real Property prior to receiving final
Development Orders. Therefore, the proposed development of any portion of the Real Property must provide
sewer/wastewater, reclaim water systems and Stormwater Management Systems, and water service as a
condition of Development. These services may be provided by the County however no septic systems would
be allowed in accordance with City policy and land development codes.
k. The property shall be Master Planned on a minimum of no less than increments or units of 400 acre
Parcels as part of an overall Planned Development project using the PUD zoning district and process, and
shall promote Green infrastructure through a comprehensive plan of connected Stormwater, greenways, and
Open Space that provides for wildlife habitat, Stormwater Management System and recreational opportunities
including Low Impact Design and Best Management Practices.
1_ The Real Property shall consist of a mix of uses consisting of 20-40 percent non-residential gross
acreage to 60-80 percent residential gross acreage, with fact that Open Space requirements must be
satisfied.
m. The Real Property Development shall have a minimum aggregate total of 50% Open Space for
Residential Land Uses and 30% Open Space for non-residential land uses in accordance with Sec. 54-2-
5.10(c) City Land Development Code, including but not limited to each of the following uses which shall qualify
to meet the Open Space requirement: conservation and preservation land; greenways and trails; all parks
whether passive or recreational; all common Open Space; Stormwater uses (inclusive of lakes and canals),
wetland preservation, preservation of habitat for Protected Species which is left undeveloped, and any
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pervious portions of the Real Property conveyed to the County or City for a Wastewater treatment plant,
schools, fire station or police station.
(c) Any residuary amount of the Real Property remaining after the PUD Development
Permitting of all phases of the Real Property, the Owner/Developer agrees that those residuary properties
shall be submitted for Development and specific Land Development consistent with the adjoining property.
(d) Consistencv with Comprehensive Plan. The Parties agree that as required by Florida
law all Development constructed on the Real Property must be Consistent with the Comprehensive Plan, as it
exists at the time of issuance of a Final Development Order for the particular Development that is the subject
of the Final Development Order. See §163.3194, Fla. Stat.
(e) Mobile Homes and Manufactured Housina.
(1) Notwithstanding other provisions in this Agreement, Mobile Homes with or
without essentially flat roofs may be located on any Parcel of the Real Property for not more than 780
consecutive days in any four non -calendar year period solely for purposes of use as a building construction
office facility. Otherwise, Mobile Homes and Manufactured Housing shall not be Developed on the Real
Property.
(2) In the event that the foregoing sub -section (e)(1) is deemed unenforceable or
otherwise stricken by a court of competent jurisdiction or other governmental authority, Mobile Homes and
Manufactured Housing may only be permitted by such that Mobile Home or Manufactured Housing roofs that
are visible from any public or private Right -of -Way shall be of hip, gambrel, mansard, or gable styles. Roof
height, bulk, and mass must appear structural even when the design is nonstructural. The following
requirements shall apply: (1) All Single -Family Dwelling Units and Duplex buildings shall have a pitched
roof covering a minimum of 65 percent of the overall floor area under the roof; (2) Pitched roofs shall have
a minimum slope of 5:12 (five inches vertical rise for every 12 inches horizontal run) and shall have an
overhang beyond the building wall; however, the overhang shall not encroach into an easement; (3) Flat
roofed areas including, but not limited to, porches or screen rooms are permissible in the remaining 35
percent of floor area under roof; and (4) Flat roofs shall be located at the rear of the building out of view
from the public right-of-way.
(3) In the event of a hurricane or other major weather disaster in which the City
determines that single-family or multi -family Residential housing on. the Real Property or in the City is
destroyed or substantially not habitable, the City may unilaterally authorize the temporary placement of
Mobile Home or Manufactured Housing on the Real Property for a period not to exceed 1,095 consecutive
days. Thereafter, the Mobile Home or Manufactured Housing on the Real Property must be immediately
and promptly removed at other than City expense.
Section 3.2. Commercial Development.
(a) Uses. A variety of non -Residential Land Use designations shall be maintained to assure
availability of sites that accommodate the varied site and spatial requirements for such activities as:
professional and business Offices, Commercial activities, employment generating businesses and general
retail sales and services. In doing so, the City shall promote the image and function of the urban core which is
the City's center for commerce as well as civic and cultural enrichment. Office Development may serve as a
transitional use separating more intensive Commercial uses from Residential Development in order to create a
tiered Development strategy.
(b) Heiaht: Intensitv. The Owner/Developer agrees that a maximum height for all structures
shall be thirty-five (35) feet, as calculated pursuant to the Land Development Code in effect at the time of the
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issuance of a Final Development Order; subject always to the provisions of the Land Development Code in
effect at the time of the issuance of a Final Development Order.
The Commercial Land Use category consists of Neighborhood, Limited and General uses in progressive
degrees of higher intensity:
(1) Neighborhood level Commercial activities are defined in the City's Land
Development Code from time to time as including retail and office activities that service Residential
neighborhoods.
(2) Limited Commercial Land Use designation is to consist of sites intended to
accommodate neighborhood level commercial activities. The maximum intensity is 0.6 FAR. Limited
Commercial activities and personal services shall include establishments catering to the following markets:
a. Neighborhood Residential markets within the immediate vicinity as
opposed to county -wide or regional markets; or
b. Specialized markets with customized market demands.
(3) General Commercial Land Use designation is to accommodate general retail
sales and services; highway oriented sales and services; and other general Commercial activities defined in
the Land Development Code. General Commercial designations are located in highly accessible areas,
adjacent to major arterials.
(c) Plattina: Subdivision. Prior to commencement of construction, the Owner/Developer
agrees that Lots within any Commercial Parcel shall be Platted or Subdivided by and at the sole cost and
expense of the Owner/Developer subject to the Land Development Code in effect at the time of the issuance
of a Final Development Order.
Section 3.3 Residential Development.
(a) Uses. The residential Land Use category consists of "Very Low Density Residential," "Low
Density Residential," "Medium Density Residential," or "Mixed Use" residential uses in progressive degrees
with higher Density in areas adjacent to the urban core and less Density in the perimeter of the City.
Residential Development shall be planned and designed to create and perpetuate stable Residential
neighborhoods and implement the policies stipulated in the City Comprehensive Land Use Plan. Accessory
uses include customary accessory uses of a residential nature, clearly incidental and subordinate to the
principal use, including guest houses or Adult Dwelling Units (ADU's), garages, in keeping with the residential
character of the area, all as permitted or prohibited pursuant to and consistent with the City's Land
Development Code in effect at the time of issuance of a Final Development Order for a building permit.
(b) Density: Residential Development Standards. The Owner/Developer agrees that
Development on the Residential property shall meet the following standards:
(1) Areas designated as "Very Low Density" shall accommodate up to three (3)
dwelling units per gross acre and shall be comprised of primarily single-family detached homes on individual
lots;
(2) Areas designated as "Low Density" shall accommodate a maximum Density of
up to five (5) dwelling units per gross acre and shall be comprised primarily of single family detached homes
on individual lots and attached residential homes;
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(3) Areas designated as "Medium Density" shall accommodate a mixture of single-
family (detached and attached) residential housing, multi- family residential housing, and Compatible civic
uses and Open Space(s) at a maximum density of ten (10) Dwelling Units per gross acre. The Density of uses
within this designation should be sensitive to adjacent neighborhoods to ensure appropriate transitions,
buffers, and Compatibility.
(4) Density on Residential property may be clustered or transferred from Residential
property to Residential property or Commercial property; provided, that the requirements of this Agreement
are not otherwise exceeded, all in an effort to provide Open Space or higher Density Development in certain
areas of the Real Property.
(c) Affordable Housinq. The Owner/Developer is encouraged to coordinate with non-profit
legal entities to further expand opportunities for Affordable Housing.
(d) Plattina: Subdivision. Prior to commencement of construction, any Subdivision of the
Residential property shall be platted by and at the sole cost of the Owner/Developer pursuant to the City's
Land Development Codes in effect at the time of Subdivision.
Section 3.4. Industrial Land use Development.
(a) Uses. The purpose of the Industrial Land Use designation is to provide strategically located
sites for Industrial needs and requisite support services. The City's Industrial Land Use may be further
designated as Industrial (IND), or Heavy Industrial (HI), in order to support future economic Development and
job growth. The locations for IND and HI should be located with convenient access to major transportation
routes. New industrial locations shall ensure protection of environmentally sensitive lands, protected natural
resources, and Protected Species.
(1) Industrial (IND) - Land Use designation provides for limited manufacturing and
industrial uses which minimize the potential for any adverse impacts upon nearby properties which include:
Utilities; light manufacturing, assembling and distribution activities; warehousing, storage and wholesaling
activities; general commercial activities; aviation related industry, services and facilities; support services such
as night watchmen or custodian residential accessory uses; and other similar land uses which shall be
regulated through appropriate zoning procedures.
(2) Heavv Industrial (HI) - Land Uses are subject to additional protective measures
through appropriate zoning procedures. The City will establish separate HI district location criteria and
performance criteria that provide a greater separation from impacts to surrounding Land Uses. Uses
permitted in the HI district allow a broader range of uses that may have a greater impact on adjacent
properties including: sites which require large surface area, bulk storage facilities, logistic centers/ terminals;
distribution centers; warehousing, manufacturing and processing; green technologies and wholesale recycling
operations; and support services such as night watchmen or custodian residential accessory uses.
(b) Heiaht: Intensitv. The maximum height for all structures shall be thirty-five (35) feet, as
calculated pursuant to the Land Development Code in effect at the time of the issuance of a Final
Development Order. Subject always to the provisions of the Land Development Codes in effect at the time of
the issuance of a Final Development Order and notwithstanding any other provision in this Agreement, the
maximum Intensity of Industrial Use shall not exceed a 0.5 Floor Area Ratio.
(c) Location Standards.
(1) Industrial sites shall generally be allocated in areas accessible to arterial roads,
rail corridors, or near airport facilities and should be located in more sparsely Developed areas. New Industrial
Land Use areas shall also be located near an existing Compatible Land Use, separated from Residential
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Tracts and Institutional Tracts. Where new Industrial Land Use Parcels are adjacent to environmentally
sensitive lands, protected natural resources, or Protect Species, appropriate buffers and other techniques
shall be used to ensure protection of such lands and resources from industrial Development.
(2) The allocation of land resources for industrial Development shall be responsive
to the location and space requirements of Industrial Land Use activities and potential fiscal and environmental
impacts on the City. The location and distribution of Industrial Land Use shall be determined based on the
following considerations:
i. Trip generation characteristics and impact on existing and planned
transportation systems, including dependency on rail, air, or trucking for distribution of material and goods;
ii. Anticipated employment generation, floor area requirements, and market
area;
iii. Ability to meet established performance standards for preventing or
minimizing nuisance impacts, such as emission of air pollutants, glare, noise or odor, or generation of
hazardous by-products;
iv. Impact on established as well as anticipated future Development and natural
systems; and
V. Impact on existing and planned public services, Utilities, water resources,
and energy resources.
(3) The City shall prevent nuisance impacts frequently associated with Industrial
activities by maintaining performance standards in the Land Development Code for managing emission of
noise, air pollutants, odor, vibration, fire or explosive hazard, and glare.
(4) In addition to the performance standards identified above, the City shall establish
performance standards in the Land Development Code as it pertains to both Industrial and Heavy Industrial
districts which at a minimum address, but are not limited to, the following:
i. Allowable uses;
ii. Land Use Compatibility, buffering and landscaping;
iii. Access points, traffic controls, and parking;
iv. Signage;
V. Gross floor area, impervious surface ratios;
vi. Open space;
vii. Character of an area;
viii. Locational factors;
ix. Environmental impacts; and
X. Secondary containment and open air storage facilities.
(d) Platting; Subdivision. Prior to commencement of construction, Lots within any Industrial
Tract shall be Platted or Subdivided by and at the sole cost and expense of the Owner/Developer subject to
the Land Development Code, in effect at the time of the issuance of a Final Development Order.
Section 3.5. Institutional Land Use Development.
(a) Uses. The Institutional Land Use designation is intended to accommodate existing
public and semi-public services including: governmental administration buildings; public schools, not -for -profit
educational institutions and charter schools; hospital facilities and supportive health care units; arts and
cultural or civic facilities; essential public services and facilities; cemeteries; fire and emergency operation
facilities; public and private parks and recreation areas; and Utilities.
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(b) Heiaht: Intensity. The maximum height for all structures shall be thirty-five (35) feet, as
calculated pursuant to the Land Development Code, in effect at the time of the issuance of a Final
Development Order. Subject always to the provisions of the Land Development Code, in effect at the time of
the issuance of a Final Development Order and notwithstanding any other provision in this Agreement, the
maximum Intensity of this designation is floor area ratio of 0.6. The location, scale, timing, and design of
necessary public and semi- public services and Utilities shall be closely coordinated with Development
activities in order to promote more effective and efficient delivery of requisite services and Utilities. The City
shall maintain and enforce appropriate standards and specifications for the design and construction of public
and semi-public services in order to promote cost effectiveness and quality control consistent with all
applicable federal, state, regional, and local standards.
(c) Plattina: Subdivision. Prior to commencement of construction, Lots, or Parcels of the
Real Property within any Institutional portion of the Real Property shall be Platted or Subdivided by and at the
sole cost and expense of the Owner/Developer subject to the Land Development Code in effect at the time of
the issuance of a Final Development Order.
Section 3.6. Reservations or Dedications of Land for Public Purposes.
(a) Reservation or Dedications. Except as otherwise set forth below, reservations or
dedications of portions of the Real Property shall comply with the Subdivision regulations set forth in the City's
or County's Land Development Code, as applicable, effective at the time of Site Plan approval for a given
portion of the Real Property Development. All dedications or conveyances of road Right of Way, Stormwater
Management Systems, water and sewer lines and lift stations, and other Infrastructure, to the City, County, or
other governmental entity, shall, at the time of dedication or conveyance, be free and clear of all mortgages,
liens, and encumbrances and shall only be required by and at the time of Development.
(b) Roadways: Public Riahts of Way.
(1) To the extent required for the Development and at the time of Development, the
Real Property Development area will include connections to County Road 510, 82nd Avenue, and 69 h Street
right of way and roadways shall be Developed as permitted and consistent with Chapter 14-97, Florida
Administrative Code.
(2) To the extent required for the Development, the aforementioned connections to
County Road 510, 82nd Avenue, 69th Street, and the existing City and area road network, will all be made at
time of Development and at the sole cost and expense of the Owner/Developer, and at no cost to the County,
the City, or any other governmental entity. The City may require that traffic islands for signage, safety, or
aesthetics within these public access Rights of Way which shall be dedicated or conveyed to the City, or other
appropriate governmental entity.
(3) The City acknowledges its intention, in good faith, to:
i. Coordinate the pro-rata funding of interchange, bridge crossings, or
roadways with the Developers or owners of adjacent land, when such land is benefited by those
improvements; and
ii. Implement, when possible and agreeable with other land Developers or
owners a "cost recovery" program for Utilities under the County's or the City's operation and control.
(c) Nothing in this Agreement shall prevent the Owner, its heirs, successors, and assigns from
receiving impact fee credits or other compensation for any conveyance of land or for any provision of public
infrastructure to the City, County, or other local government entity to the extent such conveyance of land or
provision of public infrastructure exceeds the impacts created by the Development of the Real Property, and
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provided the City, County, or other governmental entity assesses impact fees for such infrastructure now or in
the future.
(d) Transmission. Distribution Svstem. To the extent required by the Development and at the time
of Development, the Owner/Developer of each portion of the Real Property will at the time of Development be
responsible at its sole cost and expense for the installation of, connection to, or disconnection from,
pressurized Wastewater treatment, gravity Wastewater, pressurized potable water, and pressurized County
reuse pipes, tees, bends, valves, joints, laterals, pumps, and other appurtenances (hereinafter: "Facilities")
and for the transmission of sewage, potable water, reuse water, or Stormwater. Said Facilities shall be
capable of operation and maintenance for a term of years as required at the time of installation by the County.
Said Facilities shall be conveyed to the County or the City, as directed by the City, on a schedule to be
Developed by the City in consultation with the County.
(e) Over-sizina of Utilitv Public Facilities. The City or the County shall have the right to require, and
the Owner/Developer accepts the responsibility of providing at its expense, oversized Utility Public Facilities,
including but not limited to potable water, Wastewater Treatment, Stormwater Management System, and water
reuse, all to serve additional properties on -site or off -site of the Real Property; provided that a mutually
agreeable cost recovery system can be put in place to reimburse the Owner/Developer for the over -sizing of
the Utility Public Facilities.
ARTICLE IV
ENFORCED DELAY. DEFAULT, REMEDIES AND TERMINATION
Section 4.1. Enforcement as Permitted by Statute. This Agreement is enforceable by any parry to
this Agreement. Parties to this Agreement, and their successors, heirs, assigns and any Developer shall
enforce this Agreement as provided in Section 4.3.
Section 4.2. Institution of Leaal Action
hereto, or their successors and assigns, may instil
enforce any covenants or agreements herein, or t
recover damages for any default; or to obtain any
This Agreement and each provision hereof section
other revenues. Parties to this Agreement, and
Agreement as provided in Section 4.3.
In addition to any other rights or remedies, any party
ate legal action to cure, correct or remedy any default, to
i enjoin any threatened or attempted violation thereof; to
remedies consistent with the purpose of this Agreement.
shall not be interpreted as a pledge of ad valorem tax or
their successors, heirs, and assigns, shall enforce this
Section 4.3. Enforcement by anv Partv to this Agreement.
(a) Notice of Default: Riaht to Cure. In the event of default by any Parry to this Agreement,
or said Party's heirs, successors and assigns, with regard to this Agreement or of any of its terms or
conditions, the Party alleging such default or breach shall give the breaching Party not less than sixty (60)
days' Notice of Default in writing in the manner provided for giving notice as set forth in Section 6.5. The time
of notice shall be measured from the date of certified mailing. The Notice -of Default shall specify the nature of
the alleged default, and, where appropriate, the manner and period of time in which said default may be
satisfactorily cured. During any period for curing the default, the party charged shall not be considered in
default for the purposes of termination or institution of legal proceedings. If the default is cured, then no
default shall exist, and the noticing party shall take no further action.
(b) Option to Institute Leaal Proceedings. After proper notice and the expiration of said
period to cure default, the noticing party to this Agreement, at its option, may institute a legal proceeding, if the
default has not been cured.
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(c) Waiver. Failure or delay in giving Notice of Default or seeking enforcement of this
Agreement shall not constitute a waiver of any default. Except as otherwise expressly provided in this
Agreement, any failure or delay by another party in asserting any of its rights or remedies as to any default
shall not operate as a waiver of any default or of any such rights or remedies or deprive such party of its right
to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce
any such rights or remedies.
(d) Violation. In the event of violation of this Agreement by the Owner, the Developer, or
any of their heirs, successors or assigns, the City shall have the right to refuse to issue further building
permits, Final Development Orders, or certificates of occupancy or certificates of completion, all as the case
may be, limited as to that phase of Development, or Plat of that phase of the Development where the violation
is applicable, all until such time and event as all such violation(s) are corrected and that phase of Development
of the Real Property is brought into compliance with this Agreement, applicable law, ordinances, resolutions,
and the Land Development Code. The City shall be required to notice the violator with a notice of the nature
of the violation and afford a reasonable period to cure the violation(s) before withholding building permits, Final
Development Orders, or certificates of occupancy or certificates of completion relating to the phase of
Development and not to the violation itself. The City is authorized by this Agreement to use any form of code
enforcement to assure conformance with this Agreement.
ARTICLE V
ENCUMBRANCES AND RELEASES ON REAL PROPERTY
Section 5.1. Discretion to Encumber. The parties hereto agree that this Agreement shall not
prevent or limit the Owner or a Developer in any manner at said individual's sole discretion, from encumbering
the Real Property or any portion of any improvement thereon by any mortgage or other security device
securing financing with respect to the same; provided, that said mortgage or other security device shall be
released or satisfied as to said property prior to or simultaneous with its conveyance or dedication to the City
or an incorporated property owner's, homeowner's or condominium association. The City acknowledges that
the lenders' providing such financing may require certain modifications, and the City agrees, upon request,
from time to time, to meet with the Owner or a Developer and/or representatives of such lenders to negotiate
in good faith any such request for modification; provided, that this Agreement shall not require the City's
acquiescence to any action or resolution of a dispute or claim. Any mortgages or beneficiaries of a security
instrument shall be entitled to the rights and privileges set forth in this article.
Section 5.2. Entitlement to Written Notice of Default. The holder of a mortgage or other security
interest, and their successors and assigns, encumbering the Real Property, or any part thereof, which
individual, successor or assign, has requested in writing to the City, shall be entitled to receive written
notification from the City of any default by Owner or a Developer in the performance of said individual's
obligations under this Agreement which obligations are not cured within thirty (30) days; provided, that the
failure to give said notice shall not waive any default of, or action to enforce, this Agreement by the City.
Section 5.3. Property Subiect to Pro Rata Claims. Any mortgagee or holder of a security interest
who comes into possession of the Real Property, or any part thereof, pursuant to foreclosure of mortgages or
other security interest or deed in lieu of such foreclosure, shall take or foreclose upon the Real Property, or
any part thereof, subject to this Agreement and to any pro rata claims for payments or charges by the City
against the Real Property, or any part thereof, secured by such mortgage or other security device which
accrued prior to the time such mortgage or holder of a security interest comes into possession of the Real
Property or part thereof.
Section 5.4. Release. The City hereby covenants and agrees that upon payment of all fees required
under this Agreement with respect to the Real Property, or any portion thereof, and performance of obligations
relating thereto (including completion of performance of continuing obligations), by the Owner upon request by
the Owner, the City shall consider execution and delivery to Clerk of the Court of any appropriate release(s) of
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further obligations as to a particular and affected portion of the Real Property in form and substance
acceptable to the Clerk of the Court, or as may otherwise be necessary to effect such release; provided, that
the foregoing provision shall not require the City to release any provision of this Agreement from use, density,
Intensity, type of Development, or other requirements of this Agreement. This section shall not be terminated
upon the termination or release of this Agreement with regard to any portion of the Real Property.
ARTICLE VI
MISCELLANEOUS PROVISIONS
Section 6.1. Drafters of Aareement. The Owner, for itself, or their heirs, successors, and any
Developers, and the City, each were represented by or afforded the opportunity for representation by legal
counsel and participated in the drafting of this Agreement and in the choice of wording hereof. Consequently,
no provision hereof should be more strongly construed against any arty as drafter of this Agreement. Should
any action be brought in any court of competent jurisdiction by any of the Parties to this Agreement, including
the Owner or a Developer, or its of their respective successors, assigns, or heirs, each Party shall bear its own
attorney's and paralegal's fees and costs in connection with such litigation or an appeal any such litigation
decision.
Section 6.2. Covenants Runnina With the Land. It is the intention of the Owner of the Real
Property and the City, that this Agreement shall constitute covenants running with the land and with title to the
Real Property, or as equitable servitudes upon the land, as the case may be. The burdens of this Agreement
shall bind and the benefits of this Agreement shall inure to, the Parties hereto and all successors in interest to
the Parties to this Agreement. Such covenants shall expire upon termination of this Agreement.
Section 6.3. Convevance. The Owner shall give to the City written notice at least sixty (60) days
prior to the sale, assignment or transfer of the Real Property or any portion of the Real Property consisting of
at least two (2) acres or more. Dedication, assignment, sale, or conveyancing of a portion of the Real
Property to the City shall constitute the sale, assignment or transfer of a portion of the Real Property.
Section 6.4. Indemnification. The Owner and its .successors in interest in ownership of any
portion of the Real Property ("Subsequent Owners"), shall indemnify, defend and hold harmless the City,
and its officers and employees, from all claims, demands, liabilities, damages, losses, and costs, including, but
not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Owner or Subsequent Owners in the performance of this Agreement.
However, such indemnification shall not include claims of or damages resulting from, negligence or gross
negligence, or willful, wanton or intentional misconduct of the City or its officers, directors, agents or
employees, acting in their official capacity. Such indemnification shall not be required to the extent or
percentage of negligence of the City or its officers, directors, agents or employees, acting in their official
capacity. Upon request of the City, the Owner or Subsequent Owners, shall, at no cost or expense to the City,
indemnify and hold the City harmless of any suit asserting a claim for any loss, damage or liability specified
above, and the Owner or Subsequent Owners, shall pay any cost and reasonable attorneys' fees that may be
incurred by the City in connection with any such claim or suit or in enforcing the indemnity granted above.
Notwithstanding the foregoing or any other provisions of this Agreement, Graves Brothers Company
indemnification of the City and holding the City harmless shall apply only to the extent of Graves Brothers
Company ownership interest in the Real Property at the time a claim arises or accrues against the City; shall
terminate as to Graves Brothers Company, for any portion of the Real Property not owned by Graves Brothers
Company when the claim arises or accrues; and shall terminate at the time a particular person or legal entity
no longer owns any portion of the Real Property. Nothing in this Agreement shall be construed as the City
waiving its sovereign immunity pursuant to 768.28, of seq., Florida Statutes, or any other sovereign or
governmental immunity. This section shall survive the termination of this agreement.
Section 6.5. Notices. All notices, demands and correspondence required or provided for under this
Agreement shall be in writing and delivered in person or dispatched by certified U.S. mail, postage prepaid,
Sebastian/Annexation 18.Agt Final Draft 02/08/2023
19 191 of457
return receipt requested or by a nationally recognized overnight courier (e.g. — Federal Express, United States
Postal Service, United Parcel Service, etc.). Notice required to be given shall be addressed as follows:
CITY: City Manager
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
With a copy to:
City Attorney
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
OWNER: Jeff Bass, President
Graves Brothers Company
2770 Indian River Blvd. — Suite 201
Vero Beach, FL 32960-4230
Notice is presumed to have been given on the date hand delivered, 24 hours after deposit with a recognized
overnight courier, or five (5) days after deposited in the U.S. mail. A party may unilaterally change its address
or addressee by giving notice in writing to the other party as provided in this section. Thereafter, notices,
demands and other pertinent correspondence shall be addressed and transmitted to the new address and/or
addressee.
Section 6.6. Aaplicability of Ordinances and Resolutions of Citv to Aareement.
(a) The ordinances, resolutions, and Land Development Code of the City, governing the
Development of the Real Property shall continue to govern the Development of the Real Property, except as
otherwise provided herein. At the termination of this Agreement or termination of this Agreement as to a
portion of the Real Property, all then existing City Land Development Code shall become applicable to the
Development of the Real Property. Except as otherwise specifically set forth herein, no fee (including the
existence or lack thereof), fee structure, amount computation method or fee amount, including any Impact
Fees, then in existence or hereafter imposed, shall be vested by virtue of this Agreement.
(b) In the event that state or federal laws are enacted after the approval, effectiveness, or
execution of this Agreement which are applicable to and preclude the parties' compliance with the terms of this
Agreement, such Agreement may be modified or revoked as is necessary to comply with the relevant state or
federal laws. The City shall cooperate with the Owner in the securing of any permits which may be required as
a result of such modifications.
Section 6.7. Rules of Construction. The singular includes the plural; the masculine gender includes
the feminine; "shall" is mandatory, and "may" is permissive. If there is more than one signer of this Agreement
their obligations are joint and several. The time limits set forth in this Agreement may be extended by mutual
consent of the parties in accordance with the procedures for adoption of an agreement. If for any reason a
specific provision herein conflicts with a City Land Development Code, in effect at the time of issuance of a
Final Development Order applicable to a portion of the Real Property, the specific provision herein shall
prevail. Use of the term "Owner" or "Developer" means and refers to the Owner and/or the Developer, their
successors, heirs, assigns, of any portion of or all of the Real Property.
Section 6.8. Severability. The parties hereto agree that the provisions of this Agreement are -
severable. If any provision of this Agreement is held invalid or unconstitutional for any reason, the remainder
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of this Agreement shall be effective and shall remain in full force and effect, unless amended or modified by
mutual consent of the parties.
Section 6.9. Entire Aareement. Waivers. and Amendments.
(a) This Agreement constitutes the entire understanding and agreement of the parties. This
Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all
negotiation or previous agreements between the parties with respect to all or any part of the subject matter
hereof. All waivers or releases of the provisions of this Agreement must be in writing and signed by the
appropriate authorities of the party waiving or releasing the provisions hereof or performance hereunder.
(b) All amendments hereto must be in writing signed by the appropriate authorities in a form
suitable for recording in the Public Records of Indian River County.
(c) The Owner hereby agrees to pay for any costs of recordation or filing of this Agreement,
or any amendment hereto, in the Public Records of Indian River County, Florida, or with the State of Florida,
Department of Economic Opportunity. The recorded original of this Agreement or any amendment hereto,
shall be returned to the City for filing in its records to be kept with the City Clerk.
Section 6.10. Interpretation: Venue.
(a) With regard to any lawsuit against the City, the County, the Owner, or the Developer of
any portion of the Real Property, this Agreement is subject to the home venue provision. The exclusive
jurisdiction and venue for litigation surrounding this Agreement or its validity shall be properly located in the
19t' judicial circuit of the State of Florida in and for Indian River County or the U.S. District Court, Southern
District of Florida, in and for Indian River County, all as said jurisdiction boundaries may be amended from
time to time.
(b) This section shall survive the termination of all or part of this Agreement.
Section 6.11. Termination of Previous Annexation Aareement: Previous Understandings.
(a) The Annexation Agreement between the Owner and the City recorded on August 29,
2019, in Official Records Book 3234, Page 1731, Public Records of Indian River County, Florida, be and the
same is hereby terminated.
(b) All previous understandings, whether oral or in writing prior to the Effective Date of this
Agreement and not included in this Agreement, be and the same are hereby declared to be of no effect.
Section 6.12. Effective Date: Duration of Aareement.
(a) The Effective Date shall be the date upon which this Agreement has approved and
executed by the Owner of the Real Property and the City and recorded in the Public Records of Indian River
County, Florida. The Effective Date of any amendment to this Agreement shall be the date upon which said
amendment to this Agreement has approved and executed by the Owner of the portion of the Real Property
subject to the amendment and by the City and recorded in the Public Records of Indian River County, Florida.
(b) Unless earlier terminated as otherwise provided in this Agreement, this Agreement shall
terminate on September 30, 2043.
Sebastian/Annexation 18.Agt Final Draft
NOTHING FURTHER************... .. .,.... .
02/08/2023
21 193 of 457
IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year first
above written.
Signed, sealed and delivered
In the presence of: OWNER:
Sign: GRAVES BROTHERS COMPANY,
Print Name: a Florida Corporation
Address:
Sign: By:
Print Name: Jeff E. Bass, its President
Address: 2770 Indian River Blvd. —
Address: Suite 201, Vero Beach, FL 32960-4230
(CORPORATE SEAL)
STATE OF FLORIDA )
SS:
COUNTY OF INDIAN RIVER )
The foregoing instrument was acknowledged before me by means of physical presence or _ online
notarization, this day of , 2023, by Jeff E. Bass, as President of Graves Brothers Company, a
Florida Corporation, on behalf of the corporation. He is personally known to me or has produced
as identification.
Sebastian/Annexation 18.Agt Final Draft
Notary Public
State of Florida at Large
My Commission Expires:
Print Name:
02/08/2023
22 194 of 457
CITY:
Sign
Print Name:
Address:
Sign
Print Name:
Address:
ATTEST:
Jeanette Williams, MMC
City Clerk
STATE OF FLORIDA )
) SS:
COUNTY OF INDIAN RIVER )
CITY OF SEBASTIAN, a Florida
Municipal Corporation
as
Paul E. Carlisle, its City Manager
Address: 1225 Main Street
Sebastian, FL 32958
(CITY SEAL)
The foregoing instrument was acknowledged before me by means of _ physical presence, or _ online
notarization, this day of , 2023, by Paul E. Carlisle, as City Manager of the City of
Sebastian, Florida, a Florida municipal corporation, on behalf of the corporation. He is personally known to
me or has produced as identification.
Sebastian/Annexation 18.Agt Final Draft
Notary Public
State of Florida at Large
My Commission Expires:
Print Name:
02/08/2023
23 195 of 457
RESOLUTION NO. R-22-34
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR AN ANNEXATION
AGREEMENT BETWEEN THE CITY OF SEBASTIAN, FLORIDA, A
FLORIDA MUNICIPAL CORPORATION AND THE GRAVES
BROTHERS COMPANY TO MEMORIALIZE THE PARTIES
UNDERSTANDING AND AGREEMENTS WITH RESPECT TO THE
ANNEXATION OF 2044 ACRES, MORE OR LESS, INTO THE CITY,
AND WITH RESPECT TO THE FUTURE DEVELOPMENT AND USE
OF THE PROPERTY. PROVIDING FOR CONFLICT; PROVIDING
FOR RECORDING; PROVIDING FOR SCRIVENER'S ERRORS; AND
AN EFFECTIVE DATE.
WHEREAS, the owners, Graves Brothers Company, of real property in unincorporated
Indian River County, contiguous to the existing corporate limits and boundaries of the City of
Sebastian, and being reasonably compact, petitions the governing body of the City of Sebastian
to be voluntarily annexed into the municipality; and
WHEREAS, the City of Sebastian City Council has found and determined that it is in the
City's best interest by annexing the 2044.3 acres, more or less, into its municipal boundaries and
by entering into this Annexation Agreement, attached hereto as Exhibit A. Each party affirms
that development of the property will be in accordance with the Future Land Use Map, City's
Comprehensive Plan and Land Development Code; and
WHEREAS, this Agreement allows for the property to develop with a mixed used plan,
providing for commercial, residential and affordable housing; and
WHEREAS, an Annexation Agreement has been negotiated between City of Sebastian
and Graves Brothers Company, and presented for adoption under this Resolution R-22-34; and
WHEREAS, on December 14, 2022, City Council, at a properly noticed public hearing,
voted to continue Ordinance 0-22-07, a petition for a voluntary annexation, to a date certain of
February 8, 2023 at 6:00 PM; and
WHEREAS, on February 8, 2023 City Council held the public hearing for Ordinance 0-
22-07 approving the annexation of 2044.3 acres of land, more or less, and adopting Resolution
No. R-22-34;
WHEREAS, on February 8, 2023 the Fourth District Court of Appeals rendered a
decision in Michael David Testa vs. The Town of Jupiter Island, No. 4D22-432 rejecting the
generally accepted idea that Section 166.041, Florida Statutes, allows a governmental entity to
continue a noticed hearing to a date certain and avoid re -noticing the hearing; and
196 of 457
WHEREAS, the City Council, in order to comply with the 4th DCA decision, re -posted
proper notice in compliance with Section 166.041, Florida Statutes, for Ordinance 0-22-07 for a
March 22, 2023 public hearing.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS:
Section 1. The City Council of the City of Sebastian recognizes the need to annex
properties to ensure viability and managed growth in and around the City.
Section 2. The attached Annexation Agreement is in the best interest of the citizens of
Sebastian.
Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are
hereby repealed.
Section 4. RECORDING. This Resolution and Annexation Agreement shall be
recorded in the public records of Indian River County.
Section 5. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered
or re -lettered and corrections of typographical errors which do not affect the intent may be
authorized by the City Manager, or the City Manager's designee, without need of further action
of the City Council by filing a corrected copy of same with the City Clerk.
Section 6. EFFECTIVE DATE. This resolution shall be become effective upon
adoption.
The forgoing Resolution was moved for adoption by Council Member
. The motion was seconded by Council Member and,
upon being put to a vote, the vote was as follows:
Mayor Fred Jones
Vice Mayor Chris Nunn
Council Member Kelly Dixon
Council Member Ed Dodd
Council Member Bob McPartlan
The Mayor thereupon declared this Resolution duly passed and adopted this day of
2023.
CITY OF SEBASTIAN, FLORIDA
LE
Mayor Fred Jones
197 of 457
ATTEST:
Jeanette Williams, MMC
City Clerk
Approved as to Form and Content for
Reliance by the City of Sebastian Only:
Andrew Mai, Interim City Attorney
198 of 457
t-1T1' Cf
SEBASTIAN
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: March 22, 2023
Agenda Item Title: Ordinance 0-22-07 — Petition for Voluntary Annexation — Graves Brothers Company
Recommendation: Conduct public hearing and adopt Ordinance 0-22-07 at second reading
Background: In accordance with Florida Statute 171.044, Voluntary Annexation and the City of
Sebastian Comprehensive Plan; the property owners, Grave Brothers Company, have requested a voluntary
annexation into the City of Sebastian. The subject property consist of 2044.3 acres, more or less, located south of the
north boundary of County Road 510 ROW, west of lands adjacent to the 74t" Ave ROW, north of 69"' Street ROW,
and east of 90`h Ave ROW. The subject property is currently vacant agricultural land in unincorporated Indian River
County, contiguous to the existing corporate limits and boundaries of the City of Sebastian. The proposed
development lies adjacent to and contiguous with the service boundary for municipal services and applicant has
provided a Public Facilities Statement. On May 25, 2022, City Council held the first hearing of the proposed
Annexation and set the second hearing for September 13, 2022, which was tabled until the December 14, 2022 public
hearing. The item was then continued until the February 8, 2023 City Council meeting. On February 8, 2023 City
Council held the public hearing for Ordinance 0-22-07 approving the annexation of 2044.3 acres of land, more or
less; and on February 8, 2023 the Fourth District Court of Appeals rendered a decision in Michael David Testa vs. The
Town of Jupiter Island, No. 4D22-432 rejecting the generally accepted idea that Section 166.041, Florida Statutes,
allows a governmental entity to continue a noticed hearing to a date certain and avoid re -noticing the hearing; the City
Council, in order to comply with the 4th DCA decision, re -posted proper notice in compliance with Section 166.041,
Florida Statutes, for Ordinance 0-22-07 for a March 22, 2023 public hearing.
The applicant has requested a Mixed Use (MU) land use designation in order to achieve consistency with the city's
adopted Comprehensive Plan 2040. Current land use in the County is AG-1 (1 du/5 ac). The property currently
maintains an active agricultural use so the zoning will remain as Agriculture A-1 with the County until such time as
the applicant petitions the City for a zoning amendment and development plans are made for the property or a portion
of the property. The applicant does not have a proposed development plan for the subject property at this time.
Additional information regarding the future use of the property will be presented during the zoning amendment and
land development process. A Justification Statement and Public Facilities Statement have been submitted by the
applicant (Attachment A). Subsequently, an Annexation Agreement is currently being negotiated between the City of
Sebastian and Graves Brothers Company, the property owner.
Consistent with established policy for Annexation requests, the City Council considered the request at first reading
and determined that the request has merit and should move forward. Prior to the adoption hearing, a notice of the
proposed annexation was published in the local newspaper for 2 consecutive weeks and posted for 4 consecutive
weeks at City hall. Prior to publication, a notice, pursuant to F.S.17I.044 (6), was provided to the Board of County
Commissioners via certified mail.
FINDINGS
1. A petition for annexation has been executed by the owners of the subject property and is consistent with
Chapter 171 F.S.
2. The proposal is consistent with the goals, objectives and policies of the City's 2040 Comprehensive Plan.
The annexation of the property removes unincorporated lands which are contiguous, compact, and within
the municipal service boundary.
3. The proposal does not appear to present an adverse impact on the public health, safety, welfare, or
aesthetics of the city or region.
199 of 457
4. Level of Service (LOS) impacts will be addressed during site plan development.
5. The property legal description and survey are attached as Exhibit la and 1 b.
if Agenda Item Reauires ExQenditure of Funds:
Budgeted Amount: 0
Total Cost: 0
Funds to Be Utilized for Appropriation: NA
Attachments:
1. Ordinance 0-22-07
2. Property Survey, Exhibit In and lb
3. Attachment A — Justification Statement and Public Facilities Statement
Administrative Services Dep ent
City Attorney Review:
Procurement Division eview, . pplic le: A/A
City Manager Authorization:
Date:
I I � jr�
200 of 457
ORDINANCE NO.O-22-07
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND
CONSISTING OF 2044.3 ACRES, MORE OR LESS, LOCATED
SOUTH OF THE NORTH BOUNDARY OF COUNTY ROAD 510
ROW, WEST OF LANDS ADJACENT TO THE 74TH AVE ROW,
NORTH OF 69TH STREET ROW, AND EAST OF 901b AVE ROW;
PROVIDING FOR THE EXTENSION OF THE CORPORATE
LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR
INTERIM LAND USE AND ZONING CLASSIFICATION;
PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the owners of real property in unincorporated Indian River County,
contiguous to the existing corporate limits and boundaries of the City of Sebastian, and
being reasonably compact, petitions the governing body of the City of Sebastian to be
voluntarily annexed into the municipality; and
WHEREAS, the City Council of the City of Sebastian, Florida finds and
determines that the annexation of said parcel is in the best interest of the City;
WHEREAS, an Annexation Agreement has been negotiated between the two
parties, City of Sebastian and Graves Brothers Company, and presented for adoption
under Resolution R-22-34; and
WHEREAS, adoption of 0-22-07 shall be subject to approval of R-22-34 and
execution by all parties of the Annexation Agreement.
WHEREAS, on December 14, 2022, City Council, at a properly noticed public
hearing, voted to continue Ordinance 0-22-07 to a date certain of February 8, 2023 at
6:00 PM; and
WHEREAS, on February 8, 2023 City Council held the public hearing for
Ordinance 0-22-07 approving the annexation of 2044.3 acres of land, more or less; and
WHEREAS, on February 8, 2023 the Fourth District Court of Appeals rendered a
decision in Michael David Testa vs. The Town of Jupiter Island, No. 4D22-432 rejecting
the generally accepted idea that Section 166.041, Florida Statutes, allows a governmental
201 of 457
entity to continue a noticed hearing to a date certain and avoid re -noticing the hearing;
and
WHEREAS, the City Council, in order to comply with the 4th DCA decision, re -
posted proper notice in compliance with Section 166.041, Florida Statutes, for Ordinance
0-22-07 for a March 22, 2023 public hearing; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. PROPERTY. The following described property now lying and
being in an unincorporated area of Indian River County, Florida, is hereby annexed into
the corporate limits of the City of Sebastian, Florida and the boundary lines of said City
are hereby redefined to include said real property as shown on "Exhibit la and lb"
containing 2044.3 acres, more or less.
Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION.
The interim land use and zoning classifications for this property shall be consistent with
the provisions of state law.
Section 3. FILING. A certified copy of this ordinance shall be filed with
the Clerk of the Circuit Court, as well as the Chairman of the County Commission of
Indian River County, Florida, and with the Florida Department of State within seven days
of adoption.
Section 4. NOTICE. That notice of this ordinance has been posted in
accordance with Section 171.044, Florida Statutes.
Section 5. SCRIVENER'S ERRORS. Sections of this ordinance may be
renumbered or re -lettered and corrections of typographical errors which do not affect the
intent may be authorized by the City Manager, or the City Manager's designee, without
need of public hearing, by filing a corrected or re -codified copy of same with the City
Clerk.
Section 6. CONFLICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 7. SEVERABILITY. In the event a court of competent jurisdiction
shall hold or determine that any part of this Ordinance is invalid, unenforceable or
K
202 of 457
unconstitutional, the remainder of the Ordinance shall be invalidated and it shall be
presumed that the City Council of the City of Sebastian did not intend to enact this
Ordinance without such invalid or unconstitutional provisions.
Section 8. EFFECTIVE DATE. Following its adoption and recordation,
including R-22-34 and the Annexation Agreement executed by all parties, this Ordinance
shall become effective.
The foregoing Ordinance was moved for adoption by Council Member
. The motion was seconded by Council Member
and, upon being put to a vote, the vote was as follows:
Mayor Fred Jones
Vice Mayor Christopher Nunn
Council Member Kelly Dixon
Council Member Ed Dodd
Council Member Bob McPartlan
The Mayor thereupon declared this Ordinance duly passed and adopted this day
of , 2023.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Jeanette Williams, MMC
City Clerk
3
By:
Fred Jones, Mayor
Approved as to form and legality for
reliance by the City of Sebastian
only:
Andrew Mai, Interim City Attorney
203 of 457
EXHIBIT la
DESCRIPTION OF GRAVES BROTHERS COMPANY PROPOSED LAND
ANNEXATION
SECTION 1, TOWNSHIP 32 SOUTH, RANGE 36 EAST AND PART OF SECTION 36, TOWNSHIP 31 SOUTH. RANGE 38 EAST
INDIAN RIVER COUNTY, FLORIDA
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DESCRIPTION OF PROPOSED GRAVES BROTHERS COMPANY LAND ANNEXATION
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Prepared by
Darlene Pegg, an employee of
Elite Title of The Treasure Coast, Inc,
3055 Cardinal Drive, Ste 105
Vero Beach, Florida 32963
(772)231-5560
Return to: Grantee
File No.: ET-2D285
!�O
a-Z)
SPECIAL WARRANTY DEED
THIS INDENTURE, executed on Au#rust 25, 2022 between
Sebastian River. Improvement District, a drainage district; organized and existing under the
General Drainage Laws of the State of Florida, also [mown as Sebastian River Water Control
District, formerly known as Sebastian River Drainage District
whose mailing address Is: C/O Special District Services Inc 2501a Burns Rd, Palm Beach Gardens, FL
33410,
hereinafter called the "grantor", and
Graves Brothers Company, a Florida corporation
whose mailing address Is: 2770 Indian River Blvd., Vero Beach, FL 32960-4230,
hereinafter called the "grantee":
(Wh[--h terns "Grantor" and "Grantee' shaft Include singular ar plural, corporatlon or IndlvIdual, and either sex, and shall Include
heirs, legal tepresentatives, successors and assigns of the same)
WITNE5SETH: The grantor, for and in consideration of the sum of $10.00 and other good and valuable
consideration, receipt whereof Is hereby acknowledged, by these presents does grant, bargain, release,
convey and confirms unto the grantee, their heirs and assigns, all that certain land situate in Indian
River County, FL, to -wit:
See Exhibit " A" and Exhibit "B" attached hereto
Subject to all reservations, covenants, conditions, restrictians and easements of record and to all
applicable zoning ordinances and/or restrictions imposed by governmental authorities, if any.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in any way
appertaining.
To Have and to Hold, the same In fee simple forever.
And Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in fee
simple; that it has good right and lawful authority to sell and convey said land; and that said land is free
of all liens, reservations, restrictions, easements, leases, tenandes, and other encumbrances, except the
permitted exceptions and taxes accruing subsequent to December 31, 2021, and hereby releases any
automatic reservation and right of entry in accordance with Section 27D.11, Florida Statutes. That It
hereby fully warrants the title to said land and will defend the same against the lawful claims of all
persons daiming by, through or under Grantor, but against none other.
Page i of 4
File No. ET-20265
208 of 457
J
(III
In Witness Whereof, the grantor has hereunto set their hand(s) and seal(s) the day and year first
above written.
Sebastian River Improvement District, a drainage
district organized and existing under the General
Drainage Laws of the State of Florida
Name: Thomas S amm nS d
Title: A&e-Chair
Signed, sealed and ivwW in our
Witness Sign e ✓ ✓
Darlene R Pegg
Print Name
State of Florida
County Of Indian River
Witness Signature
Print Name
•
The Foregoing Instrument Was Acknowledged before me by means of iD physical presence or ❑
online notarization, on AuBuat 25. 2079 , by Thomas S Hammond . as
Vice -Chair , on behalf of Sebastian River Improvement District, a drainage
district organized and existing un�If
General Drainage laws of the State of Florida, also
known as Sebasti n River Water Can Distrkt, formerly known as Sebastian River
Drainage District ng under the State of.
U.
V Wary Vrc
DARLENE K. PEOG
(Printed Name)
DARLENE K. PEGG
_ ` i ao=hW#HHoeolbr
s E*bW Ap1R 14, 2W
My Commission expires: WalftTMYFain bumm 800JW"
Personally Known O OR Produced Identification V
Type of Identiticatlon Produced a valid driver's license
Page 2 of 4 "
He No. ET-20285
209 of 457 71
EXHIBIT "A"
Legal Desc ip#3cn
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-S-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF (1/2),
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF
(1/2) OF SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY,
FLORIDA, LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82nd/ AVENUE,
COUNTY ROAD 609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL
102, SECTION 88503-2611, OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE
SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL "L- CANAL (125.00 FEET WIDE RIGHT
OF WAY) RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIPER
COUNTY, FLORIDA.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-4-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE NORTH ONE-HALF (1/2),
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE NORTH ONE-HALF
(1/2) OF SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY,
FLORIDA, LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82nd/ AVENUE,
COUNTY ROAD 609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL
102, SECTION 88503-2611, OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE
SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL "L" CANAL (125.00 FEET WIDE RIGHT
OF WAY) RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER
COUNTY, FLORIDA.
AND THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE NORTH ONE-HALF
(1/2), AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE NORTH ONE-
HALF (1/2) OF SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY,
FLORIDA, LYING EAST OF THE EAST RIGHT OF WAY OF THE SEBASTIAN RIVER
IMPROVEMENT DISTRICT LATERAL "L- CANAL (125.00 FEET WIDE RIGHT OF WAY) RIGHT
OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER COUNTY,
FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF INDIAN RIVER FARMS WATER
CONTROL DISTRICT "RANGE LINE CANAL- / 14th/ AVENUE `DIKE AND CANAL' (100 FEET
WIDE RIGHT OF WAY), DEED BOOK 48, PAGE 23, ST. LUCIE COUNTY, FLORIDA, SAID WEST
RIGHT OF WAY OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT RANGE LINE
CANAL ALSO BEING THE EAST LINE OF SAID SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38
EAST, INDIAN RIVER COUNTY, FLORIDA.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-3-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF (1/2), /
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE SOUTH HALF OF J
Page 3 of 5
File No. ET 2.0285
210 of 457
SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA,
LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82nd/ AVENUE, COUNTY ROAD
609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL 102, SECTION
88503-2611, OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE SEBASTIAN
RIVER IMPROVEMENT DISTRICT LATERAL "L" CANAL" (150.00 FEET WIDE RIGHT OF WAY)
RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER
COUNTY, FLORIDA.
AND THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF
(112), AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (112) OF THE SOUTH HALF OF
SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA,
LYING EAST OF THE NORTHWESTERLY EXTENSION OF THE NORTHEAST RIGHT OF WAY OF
THE SEBAS 7AN RIVER IMPROVEMENT DISTRICT LATERAL -V CANAL (125.00 FEET WIDE
RIGHT OF WAY) RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300,
INDIAN RIVER COUNTY, FLORIDA, AND WEST OF THE WEST RIGHT OF WAY OF THE
SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL -L" BYPASS CANAL (12S.00 FEET
WIDE RIGHT OF WAY), RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300,
INDIAN RIVER COUNTY, FLORIDA.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-2-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE NORTH ONE-HALF (1/2),
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE NORTH ONE-HALF
(1/2) OF SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY,
FLORIDA, LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82nd/ AVENUE,
COUNTY ROAD 609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL
102, SECTION 88503-2611, OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE
SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL "L" CANAL (150.00 FEET WIDE RIGHT
OF WAY), RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN
RIVER COUNTY, FLORIDA.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-6-W CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE SOUTHWEST ONE -QUARTER
(1/4) OF THE NORTHWEST ONE -QUARTER (114), AND THE NORTH 50.00 FEET OF THE
SOUTH ONE-HALF (1/2) OF THE SOUTHWEST ONE -QUARTER (1/4) OF THE NORTHWEST
ONE -QUARTER (1/4) OF SECTION 11, TOWNSHIP 32 SOUTH, RANGE 38 EAST LYING EAST
OF THE EAST RIGHT OF WAY OF THE SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL
"D- CANAL (275.00 FEET WIDE RIGHT OF WAY) AND WEST OF THE SOUTHEAST ONE -
QUARTER (1/4) OF THE NORTHWEST ONE -QUARTER (1/4) OF SAID SECTION 11, TOWNSHIP
32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA.
SUBIECT TO:
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-3-E CANAL
SURFACE WATER DRAINAGE AND STORMWATER DISCHARGE EASEMENT DESCRIPTION:
THE WEST 212.00 FEET OF THE FOLLOWING DESCRIBED PARCEL:
Page 4 d 5
File No. ET 20285
211 of 457
THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF (1/2),
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE SOUTH HALF OF
SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA,
LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82ND AVENUE, COUNTY ROAD
609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL 102, SECTION
86503-2611, OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE SEBASTIAN
RIVER IMPROVEMENT DISTRICT LATERAL -L- CANAL" (150.00 FEET WIDE RIGHT OF WAY)
RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER
COUNTY, FLORIDA.
THE ABOVE DESCRIBED PARCEL WAS SCALED FROM THE UN -DIMENSIONED TEMPORARY
CONSTRUCTION EASEMENT LYING WITHIN THE SEBASTIAN RIVER IMPROVEMENT
DISTRICT C-3-E RIGHT OF WAY (100 FEET WIDE), LYING SOUTH OF THE WET DETENTION
POND NO.11, AND IS INTENDED TO REPLICATE SAID EASEMENT AREA AS SHOWN ON THE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PLANS FOR ROAD NO. CR 609,
COUNTY INDIAN RIVER, FINANCIAL PRO3ECT ID 230879-2-52-01, POND DETAIL, SHEET
60, DATED 10/13/2020, SIGNED BY ROHAN A. HAMEED, P.E., LICENSE NUMBER 56734, HDR
ENGINEERING, INC.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-5-E CANAL
SURFACE WATER DRAINAGE AND STORMWATER DISCHARGE EASEMENT DESCRIPTION:
THE WEST 29LOO FEET OF THE FOLLOWING DESCRIBED PARCEL;
THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF (1/2),
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF
(1/2) OF SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY,
FLORIDA, LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82nd AVENUE,
COUNTY ROAD 609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL
102, SECTION 88503-2611, OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE
SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL -L" CANAL (125.00 FEET WIDE RIGHT
OF WAY) RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER
COUNTY, FLORIDA.
THE ABOVE DESCRIBED PARCEL WAS SCALED FROM THE UN -DIMENSIONED TEMPORARY
CONSTRUCTION EASEMENT LYING WITHEN THE SEBASTIAN RIVER IMPROVEMENT
DISTRICT C-5-E RIGHT OF WAY (100 FEET WIDE), LYING SOUTH OF THE WET DETENTION
POND NO.10, AND IS INTENDED TO REPLICATE SAID EASEMENT AREA AS SHOWN ON THE
STATE OF FLORIDA-DEPARTMENT OF TRANSPORTATION PLANS FOR ROAD NO. CR 609,
COUNTY INDIAN RIVER, FINANCIAL PROJECT ID 230879-2-52-01, POND DETAILS, SHEET
59, DATED 10/13/2020, SIGNED BY ROHAN A. HAMEED, P.E., LICENSE NUMBER 56734, HDR
ENGINEERING, INC.
pap 5d5
Me No. ET 2=5
212 of 457j
SEBASTIAN RIVER IMPROVEMENTDISTRICT SUH-LATERALC-rECANAL
IBIT 11�1/
RIGHT OF WAY ABANDONMENT DESCRIPTION:
7HE NORTH 50,00 FEET OF THESOUHH 0HE4IALF DA) OF THE SOUTH ONE4SALF (1/2). AND THE SOUTH SODOFEET aF THE NORTMONE4tAU (I/4 OF THE SOUTH
ONE-HALF JIM OF SECTION L UWMSKIP 32 SOUTH, RANGE 10 EAST, INDIAN RPI01 COUNTY, FLORIDA. LYING EAST OF 7NE EAST RT(HTOP WAY OF RAM ROAD
WAVEKM COUNTY ROAD GM) RIGHT OF WAY PER STATE Of RORIDA R16HTDF WAY MAP. PARm 102, SECTION 88509-LSM OFWAL BOOK nz%
PAGE IMO, PISUC RECORRGS OF R WIAN RIVER COWITY, FLORIDA AND WEFT OF THE WEST MIM OF WAY OF TH8 MOW MW 04HOW04ENT DISTRICT
LATE M -v aXL (12SAD FEET WIDE goo L1F WAY) LIt1NTOF WAY FAAP sm. OFFICIAL R60URD Ebm 2A PAGE 3m DIOUN RW COHMTY, F10FIDA.
THE ABOVE DLTLIIBED PAIM mHTAIIBNG 437,77SM SQUARE FEET OR 1011SMCRES, (BORE OR LESS.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-4-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NORTH 0D0 FEET OF THE SOUTH ONE-HALF (1121 OF THE NORTH WeHALF (In), AND THE SOUTH NEW FEET OF THE NORTH ON6HALF (3/4 OF THE
NORTH ONE4tAIF JV4 OF SECTION 1. TOWNSHIP 32 SOUTH, WO818 EAST, INDIAN RHEA COUNTY, FLORIDA. LYING EAST OF THE EAST RIGHT OF WAY OF
RANCH ROAD WP AVENUE, COUNTY ROAD W9) RRSHR OF WAY PER STATE.OF FLORIDA R*HT OF WAY NW, PARCEL ROT, SECTION 9503.2611, OFFICIAL
RECORD BOOR 3225, PAGE MAR% PUBLIC RECORDS OF INDIAN XW COWM FLORIDA AND WEST OF THE WEST BIGHT OF WAY OF THE SBMAN RHEA
tMPRCVEWNT ACT LATERAL V CANAL (12540 FEET WIDE RIGHT OF WAY) WGHI OF WAY MAP 1960, OIFICIALRECORD BOOR 2W. PAGE 3DS. WOMN RIVER
COUNTY. ROKOA.
Attu THE NORTH SOLO FEET OF THE SOUTH ONE41ALF (1/2) OF THE NORTH CNN -HALF (VI), AND THE SOUTH 50AO FEET OF THE NORTH 0NE41 LF (1/1) OF THE
NORTH OKS-WALF JIM OF SECWR 1, TOW113HRP 32 SOUTIL RAN69 30 EAST, DO" RIVER COUNTY. FLOJUM LYING fA6FOF THGEASF RNiITf ELF WAY Of THE
sEBASTIAN RIVER IMPROVE W DISTRICT MITAL k' CANAL. (125,00 FEET WM2 MR OF WAY) RIGHT OF WAY MAP IVA OFRCLAL RECORD 0005IA PAGE
304 DIOAN RIVER C04". FLORMA AND WEST OF THE W9ST 9" OF WAY OF INDIAN MM FARM WATER aMM L DISTRICT 'RAM M LICE ME,AL• /?*b
AVENUE UKa AND CANA1: (LAD FEET WIDE FUGHTof WAY), OEED BOOR 48, PAGE 21. St. U,OE COUNTY, FLORIDA SAID' WEST NGHFT OF WAY OF THE 04DWI
RIVER FAEMS WATER CONTROL DISTRICT RANGE LWE MEAL ALSO OEM THE EAST LW OF SAID SIEL" L TOWNSHIP 92 SOUTH, RANTS 39 EAST, INDIAN
BfV81 COUNTY, RORF04
THE ABOVE OW= PARM CONTAIMMUM13 ► IXI SQUAREFEET ORi1A88A¢U3. MORE OR LESS.
SEBASTIAN RIVER(AIIPROVEMENTDISTRICiSUB•LATERALG3-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NO= S400 FEET OF THEE SOUTH ONE4LW (JAI OF THE SOUTH ONEHA1f (1/2), AND THE SOUTH SO.CO FEETOF THE NORTH ONE-HALF 1114 OF THE SOUTH
HALF OF SECTION 36. TOWNSHIP 31 SOUTH, KAMM 58 EAST, OI D1R64 RIVER COUNTY. FLORIDA, LYING EAST OF THE FAST RIGHT Of WAY OF RANCH ROAD (W
AVENLUL COUEFTY ROAD 5091 RISM OF WAY PER STATE OF FLOWDARIGHT Of WAY MAP. PARCEL 101. SECTION RBS03.26LI.OFFICIAL RECWEO LSOOB 3225, PIAU
1910. PUBIC LRCOROS OF W" LOVER COUNTY. FLORIDA AND WEST Of TIM WEST RIGHT OF WAY OF THE SEBA511AN RIVED, [WROMACAT DISTRICT LATERAL
-L- CANACI`1+.00FEETWIDERIGHT OFWAYIRIG ITT UPWAY MAP 1250,OMOALRE[,Y 0BOOX214PACMSmINMAN RNEBCOUNTY, fLORIDA
AND ASE NORTH 5000 FLETOF THE SOUTH OW -HARP JIM OF THE SOUTH ONE 1ALF IW/ AND THE SOUTH SIM FEET OF THE NORTH OXMALF (V4 OF 7He
SOUTH HALF OF SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 BAST, RNOLAN RIVER COLINW. FLaRO3A. LYING EAST OF THE 1CORTIiYFESIERLY EXTENSION OF THE
NORTHEAST RIGHT OF WAY Of THE SEBASTIAN RIVER tMIPROVtbW DISTRICT LATERAL'V CANAL0=0 FELT WIDE RIGHT QF WAY) WGHTOF WAY MAP 19%
OFFICIAL RECORD BOOK 21A PAGE 300. tMDIM SLIVER L2aUNTY, FLORIDA, AND WEST OFTHE WC'STW0IT OF WAY MKE SWASTIAN RIVER (AAPROVEISMIT
DISTRICT LATERAL'!' BYPASS CANAL 112500FEET YYIDE RIGHT OF WAY). WONT OF WAY MAP 19% OFFICIAL RECORD BOOR 310, PAGE 104INDIAN RICER
COUNTY. FLORIDA.
TIRE ABOVE DESa=D PVtt M ODNTAIHING 339A45.70 SQUARE FEET OR 7AM ACRES, MORE OR LESS
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-Z-E CANAL
RIGHT OF WAY ABAN DONMENT DESCRIPTION,
THE NORTH SOAR FEET OF THE SOUTH ONf4UIF I» OF THE NORTH ONE4W# Wn AND THE SOUTH SaOB FEET OF SHE NORTH ONE41iLLf = OF THE
NORTH ONE-ISAIF (V4 OF SEL" A TOWNiHSP 31 SOUTH, RANGE 38 EAST, INDIAN RAFER COUNTY. FLORIDA LYING EAST OF IRE TSAR RUHHT Of WAY OF
RANCH ROAD Wed AVENL14 COUNTY ROAD 079) RIGHT OF WAY PER STATE OF HTDWOA TITBIT OF WAY W. PARM SOb SWWN 98503.M1. OFFICIAL
RECORD BOOK 3215, PAGE l944 PUMX RECORDS OF 101AN RIVER COUNT. FUXmA AND VAST OF THE WEFT WGNT OF WAY Of THE SEBASTIAN RIVER
HNPRDVEM l DISTRICT LATERAL.'L' CAM (ISILOD FMT WIDE RIGHT OF WAY). RMIT OF WAY MAP 1= WMIAL R£LORD BOOR 2m PAQE 304 INDIAN
RIM COLOYTY, FLORIDA.
THE ABOVE cBcRtsED F41mm CONTAINING T36,709.74 SQUARE FEET OR SAM ACRE % MORE OR LESS.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL GB,W CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE SOUTH SD.OD FEET OF THE NORTH OMHALF IV21 OP THE SOUTHWEST DNE-41fARTO1 W4) OF THE NOMWEST ON&M ARTER (1/4). AND 7KE NOWN
SDAO FEET OF THffi SOUTH aN£•NALF JIM OF THe U JUTHWEST ONE -QUARTER (1/4) OF THE NORTF1WEST ONE-MKHTER W4) OF SECTION 11. TOWNS" 72
SOUTH, RANGE38 EAST LYING EAST OF THE EAST RIGHT OF WAYOF THESEIIWIAN RIVER DAPROMVJfT OtMM IATMU'D' CANPLMIDI FEET WIDE RIUW
Of WAY) AND WEST OF THE SOMMAST ONEQUARTER (1141 OF THE KORTNWEST ONE-MIARTE R 1114) Of $AID SBCEDN 11. TOWHSKP 32 SCWK BMW 30
EAST, TKOWN IRVIRCCU M, FLOMM
TKEABOVE OESC MED PARCEL CONTAINING WSAS3.69 SQUIRE FEET OR 2AZS ACRES, MORVOR LESS.
RX !COED TITLE COHkONENT EXCEFMI45, DJU 0/24/22
REV. C-7-C RISC.- PARR 2, CM 8/12/22
zs
camr1SSOCFATPS, WC.
F CONSULTING RNGLT'(EHSB AND LAND SURVEYORS
1708 21at STREET, VERO BEACH. FL 32SOO
TEL (Ff3) 682.4101 FAX-1771)6824100
jir �? 5728ul
D td . L11ethJe, J%L WA �°"+' llaca
P 728 State Ida2m
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DATE
DAVID
FLOROA �S
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Fan
ft4. Wa SKETCH AND DESCRIPTION SHEET
ammy wu PARCELS WITHIN PARTOPSEC. 1 B 11 1 of 8
1m a au TWP, 32 8.; ROE. 38 E, 8 SEC. B% TWP. 41 6; R36. 36 E.
wmn o...uw INDIAN RIVER COUNTY. FLORIDA
►euo .r""` PARCEL DESCRIPTIONS 0-a.Knum
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213 of 457
(ATTACHMENT A
Graves Brothers Company
Indian River County, FL
Annexation and Comprehensive Plan Amendment
Justification Statement
and
Public Facilities Statement
Prepared by:
Schulke, Bittie & Stoddard, L.L.C.
Joseph Schulke, F.E.
1717 Indian River Blvd, Suite 201
Vero Beach, FL 32960
April 2022
Revision: August 11, 2022
(Update Exhibits A, C, and E)
Revision: August 25, 2022
(Revise acreage of site)
214 of 457
Annexation into the City of Sebastian
Comprehensive Plan Amendment
Graves Brothers Company
Portions of Sections 1-32S-38E, 2-32S-38E, 35-31S-38E and 36-31S-38E
Indian River County, FL
Prepared by:
Schulke, Bittie & Stoddard, L.L.C.
Joseph Schulke, P.E.
1717Indian River Blvd, Suite 201
Vero Beach, FL 32960
JUSTIFICATION STATEMENT
This statement has been prepared to support a request to annex 2044.318 acres of property
(Including right-of-way) into the City of Sebastian and change the future land use map
(FLUM)_designation of the applicant's 1913.593 acre property (net acreage, excluding right-of-
way) from Indian River County "AG-l" (Agricultural - 1 unit/5 acre) to City of Sebastian Future
Land Use Map designation of "Mixed Use".
Introduction
The purpose of this request is to secure the approvals necessary for the annexation of the property
within the City of Sebastian, with a Future Land Use designation consistent with the city's Future
Land Use Map (FLUM) and with densities and intensities consistent with the city's adopted Future
Land Use Element of the Comprehensive Plan (April 2040).
The landowner is: Graves Brothers Company
Jeff Bass, President
2770 Indian River Blvd, Suite 201
Vero Beach, FL 32960
The property is in parts of sections 1-32S-38E, 2-32S-38E, 35-31S-38Eand 36-31S-38E. The site
is bounded by and lies south of C.R. 510, west of 74`h Ave (extension), north of 69 h St, and east of
90th Ave. The northern portion of the property (hereafter referred to as "the site") abuts the City of
Sebastian city limits. The site is bisected in the north/ south direction through it's approximate
center by 82ed Ave.
The acreage of the site is:
Gross ROW Net
82nd Ave, east: 1139.021 73.524 1065.497
82nd Ave, west: 905.297 57.201 848,096
Total: 2044.318 130.725 1913.593
The land is located entirely within the city's designated Annexation Reserve area, an area identified
in the city's newly adopted 2040 Comprehensive Plan, (reference Exhibit A: "Map 1-14:
Annexation Reserve Area" COS 2040 Comprehensive Plan". The site boundaries have been
superimposed onto the map for reference.
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Consistent with Objective 1-2.2 and its related policies, the City acknowledges a need to prevent
urban sprawl and disjointed urban service delivery systems. The result of adjacent properties along
the same corridor being governed by two different sets of development regulations is more likely to
result in a lack of coordination leading to poor urban design and a corridor that does not function
as well as it should. In addition, the City desires to develop a plan for managing annexation of
unincorporated enclaves, the annexation reserve areas as well as fringe areas adjacent to the City,
especially for potential economic centers within the incorporated area.
The proposed FLUM designation of "Mixed Use' is appropriate at this time because urban growth
is contiguous and agricultural activities are no longer economically viable, (reference Objective 1-
1-4)
Policy 1-1.4.1: Agriculture Land Use Designation. The Agriculture land use designation shall be
used for the following uses: farming, crops, range and livestock activities; protecting industries that
are a part of the state 's traditional economic base such as citrus and aquaculture; agricultural
research; agricultural related businesses; public facilities; institutional uses or recreational uses.
The City shall also utilize the Agriculture land use designation for future annexations of existing
agricultural lands until such a time that urban growth is contiguous and agricultural activities
are no longer economically viable
Urban scale development that is contiguous to and adjacent to the site includes:
-The City of Fellsmere has annexed all the lands on the southern 2/3 of the land's west boundary.
-Vero Lake Estates (IRC) is fully developed along the sites northern 1/3 of the land's west
boundary.
-Liberty Park PD TND (IRC) has been approved for significant urban development along the sites
northern 14 of the east boundary. The developer has submitted construction drawings to IRC for
approval and commencement of construction.
-Treasure Coast elementary school and Blue Water Bay PD (IRC) have developed along the sites
northern boundary. Several other lands lying north of the site have received development approvals
for urban development, including Sebastian Park and River Oaks, lying north of the land's north
boundai. Recently the City has annexed lands north of the site, including Graves 66.87 acres
(contiguous to this site), and Cross Creek Lake Estates Addition (25 acres) located North/ North
East of the site, which both have expanded the city limits to the south.
-FDOT is currently under preliminary design to 4 lane/ widen CR510 along the land's north
boundary. (Reference COS 2040 Comp Plan Future Transportation Map)
-FDOT is currently under preliminary design to construct a new 2 lane arterial roadway (82 nd Ave)
from Cr510 to 69 m St, which bisects the land, starting at the site's north property line and ending at
the site's south property line. Notably, this new corridor will traverse the entire length of the City's
annexation reserve area, and this corridor will complete a new north/ south corridor from Cr510 to
Sr 60. (Reference COS 2040 Comp Plan Future Transportation Map)
See Exhibit B - Location Map and Thoroughfare Plan Road Network
Agriculture has become economically unfeasible:
For many generations this area had been primarily dedicated to the production of citrus. Following
the hurricanes in 2004 and 2005, Citrus Canker became endemic to the industry followed closely
by the much more deadly Citrus Greening disease. Citrus production is now only economically
viable in large acreage blocks where all growers can practice similar defensive cultural practices.
Because of neighboring conversions to urban and non -citrus uses, this area is now like an island
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where citrus production is no longer feasible. Land conversion costs make transiting to other
agricultural uses such as row and vegetable crops unfeasible as well. While livestock grazing is
available, the economic returns will not support the long-term maintenance demands of the
property.
Obiectiives for the future development of the Annexation Area
The applicant has met several times with city staff to discuss the applicant's plans for its land, and
the annexation procedure and the necessary requirement that the annexation and all future potential
development would be required to be consistent with the newly adopted 2040 comprehensive Plan.
Consequently, the applicant has agreed that the development of the land will adhere to the
foundational element of the comprehensive plan (the Land Use Element). The Land Use Element
promotes livability, sustainability, and smart growth principles to guide the development of the
City of Sebastian and shape how the City will grow in the next 20 years. Objectives of the
annexation consistent with the Comp Plan include:
-Encourage mired use development
-Promote affordability, accessibility, and healthy communities.
-Encourage low -impact development, sustainable, and energy efficient building design ana
construction practices;
-Follow growth management principles to prevent the proliferation of sprawl and ensure adequate
infrastructure and public facilities are provided concurrent with development
-Utilize the "Planned Unit Development" Process (PUD) to establish design standards and form -
based code principles in order to enhance the design of any future development and recognize
unique land characteristics.
Tools and Governance
The city's newly adopted comp plan has established the tools and governance required to ensure
these objectives are met, including:
FLUM -This application includes a request to designate the Future Land Use as "Mixed
Use". The city adopted this new Future Land Use designation concurrent with the adoption
of the 2040 Comprehensive Plan.
See Exhibit E - Proposed City FLUM Amendment
Policy 1-1.3.6: Mixed Use (MU). The purpose of the Mixed Use designation is to provide a mixture of
residential, office, commercial, recreational, limited industrial, and institutional uses and encourage town
centers along major arterial corridors. This designation shall target areas outside of the Riverfrant Mixed
Use district to allow for greater flexibility and changing market types in identified areas of the City such as
the Sebastian Boulevard Triangle Area. These areas may also serve as TDR receiving areas allowing for the
preservation of additional preservation and conservation lands within the City. Additional design and
development standards including form based code principals shall be incorporated into the LDC. The
maximum intensity is 0.6 FAR, and up to 1.0 FAR with incentives. The allowable residential uses include
single family, duplexes, and multi family up to ten (10) dwelling units per acre, and up to twelve (12) dwelling
units per acre with the use of TDRs or incentives. incentives shall be outlined in the LDC and may include
but are not limited to projects that incorporate regional stormwater pond(s), shared parking structures (s),
bike/pedestrian connectivity, and quality of public open space.
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2. PUD - Future development of the site is anticipated to follow the development concepts
and procedures through the use of the "Planned Unit Development" (PUD).
Policy 1-1.6.1: Planned Unit Development Overlay Designation. The City's LDC shall continue to allow a
planned unit development overlay zoning designation in order to provide a voluntary management
framework for coordinating objectives of developers with those of the City Council. The City Council shall
reserve the authority to invoke new conditions in extending development rights based on: • Changes in
conditions surrounding the impacted land uses in the vicinity, • Evolving issues surrounding infrastructure
levels of service: • Impacts on natural resources: and/or • Other related issues impacting the nature of the
proposed planned unit development. Policy 1-1.6.2: Planned Unit Development Option. The planned unit
development overlay designation shall be available as a voluntary approach for managing specific
development characteristics and project amenities to be incorporated in residential, commercial, industrial,
or mixed use development options. Developers who voluntarily participate in the process shall bind
themselves as well as those who may be their successors in title 10 the subject land.
3. LDC - The city's primary tool to ensure all development is in conformance with the 2040
comprehensive plan is the City's "Land Development Code" (LDC). Any new
development must adhere to both the guiding Objectives and Policies of the Comp Plan,
and as referenced within the Comp Plan, all development must conform to all development
regulations within the city's land development code. The LDC is designed to:
Regulate the subdivision of land, and regulate the uses on land and in water consistent with this
Element, ensure the compatibility of adjacent land uses, and provide for open space,
Protect the environmentally sensitive lands and aquifer recharge functions
Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater
management.
Dedication, acquisition and development of future rights -of -way
Provide that development orders and permits shall not be issued which result in a reduction of levels
of services (LOS) for impacted public facilities
Growth Management Principles
The aforementioned tools at the applicant and city's disposal ensure the future development of the
site will follow the Growth management principles the city has envisioned in its comp plan.
Guiding principles include:
1. Compatible Design: Future development of the site will consider the adjacent land uses
and provide compatibility measures, recognizing the primary adjacent land uses are:
Urban areas to the west:
-City of Fellsmere city limits; future urban development area along the southern 2/3 of the
land's boundary
-Vero Lake Estate; urban scale development area along the north 1/3 of the west boundary
Urban areas to the North:
-Treasure coast Elementary school, Blue Water Bay, and several other lands with
development approvals (Sebastian Park, River Oak) lying north of the land's north
boundary.
-Sebastian's southern limits and other urban development within the un-incorporated areas
of the county.
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Urban and Agricultural areas to the east:
- Liberty Park PD TND, a urban scale development approved for development within un-
incorporated county areas along the north Vi of east boundary.
-agricultural areas (primarily 5 to 20 acre ranchettes) within un-incorporated county areas
along the southern of the east boundary
Agricultural areas to the south
-agricultural areas (primarily 5 to 20 acre ranchettes) within un-incorporated county areas
south of the site.
The Comp Plan clearly provides policies to ensure future development of the land will
provide compatibility measures:
Policy 1-2. 1.1: Smart Growth Principles. The City shall promote smart growth principles
that direct growth in an intentional, comprehensive way. These principles include but are
not limited to promoting a mix of uses, compact building design, walkable communities,
housing diversity, environmental preservation, and transportation choices.
Policy 1-2. 1.2: Protect Developments from Possible Adverse Effects of Neighboring
Permitted Uses. The City's LDC shall incorporate standards and/or review criteria for
mandating retention of open space, regulating building design, including setbacks,
building placement on site, and building orientation. These provisions shall be directed
toward supporting compatibility as well as to preserving light, air, and open space. Other
reasonable design principles, including buffering standards, shall be included in the LDC.
Policy 1-2. 1.3: Minimize Impacts Between Urban and Rural Land Uses. The LDC shall
incorporate performance standards, urban service availability standards, and other
requirements which ensure buffering between urban and rural land uses. This is necessary
in order to maintain responsive land management policies along the outer suburban fringe
where urban development within the City could potentially impact unincorporated
agricultural lands, and vice versa.
2. Reduce Urban sprawl: Any future development of the land will require that the location,
scale, timing, and design of development will be coordinated with public facilities and
services to prevent the proliferation of urban sprawl, maximize public infrastructure, and
achieve cost effective land development patterns.
Policy 1-2.2.2: Resource Protection. The City shall seek to maintain and manage the
City's natural and man-made resources by establishing a pattern of development that is
harmonious with the City s natural environment and quality of life.
*Policy 1-2.2.4: Accommodate Growth. The City shall continue to seekfiscal resources to
extend City service areas, improve City roadways, coordinate public infrastructure and
make other improvements necessary to accommodate growth and maintain services and
facilities at adopted level of service standards.
*Policy 1-2.2. 5: Development Orders and Permitting Process. Development orders and
permits for all future development shall be timed and staged to assure that requisite
infrastructure and services are available
Policy 1-2.2.6: Concurrency Management. The maximum allowable density and intensity
of land uses may be limited based on available public infrastructure. Land use shall be
predicated on availability of man-made infrastructure and service systems required to
support respective land use activities. The City shall continue enforcing their concurrency
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management program, pursuant to Ch. 163, F.S., to ensure that future development is
provided essential services and facilities at acceptable standards.
*Policy 1-2.2. 7: Design of Public Facilities and Utilities. Public facilities and utilities
shall be located and designed to maximize the efficiency of services provided and
minimize adverse effects on natural systems and conservation lands.
*Policy 1-2.2.9: Accommodating Requisite infrastructure. During file subdivision review,
site plan review, and permitting processes the City shall insure that respective future
developments allocate sufficient land area for infrastructure required to support the
proposed development.
Policy 4-1.2. S: Conditions Governing Development Orders or Permits. Consistent with
Policy 4- 1.1.7, the LDC shall include performance criteria regulating the location, liming,
and scale of development in order to ensure that new development is effectively served by
wastewater services. The performance criteria shall utilize recognized best management
practices, discourage the proliferation of permanent package treatment plants and the
extensive use of septic tanks and wastewater drain fields on areas with characteristics or
conditions unsuited for their adaptation, and comply with all applicable permitting
procedures.
3. Utilize concepts for managing land and water resources, including joint use stormwater
features, low impact development and other best management practices.
Policy 1-2.3.1: Low -Impact Development (LID). The City shall encourage LID principles
for development and redevelopment including those within newly annexed areas. The City
shall require new developments to address future nutrient loading and water conservation
through principles including but not limited to: • LID design practices and technologies
that address energy, water, and nutrient conservation.
Policy 1-2.3.2: Incorporate Innovative Techniques in the Land Development Code. The
City's LDC shall continue to incorporate land and water resource best management
practices such as reduced impervious areas, increased buffers, LID, surface/storm water
management including water quality, soil erosion and sedimentation control, and
conservation of water
Future Planning_
The development of the site will adhere to the Mixed Use FLUM designation.
The planning of future development of the site will be completed under the policies and guidelines
of the Mixed Use FLUM designation, and regulations and approval procedures outlined in the city's
P.U.D. development review and approval process.
Policy 1-1. 3. 6: Mixed Use (MU). v The purpose of the Mixed Use designation is to provide a mixture
of residential, office, commercial, recreational, limited industrial, and institutional uses and
encourage town centers along major arterial corridors "
The "Mixed
Use" FLUM designation and PUD development
approval process provides the
city
with the tools
and the regulatory authority to guide and direct
the location, uses and intensities
of
residential and non-residential uses, while providing additional regulations to ensure Land
use
compatibility,
buffering and open space provisions, prevention
of urban sprawl, and protection
and
management
of natural resources. These policies and guidelines
include:
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Policy 1-3. 1. 1: Urban Design and Community Appearance. Good principles of urban design shall
be applied through site plan review procedures in order to enhance general community appearance
as well as to preserve and enhance open space and landscape. This program shall assist in
protecting major natural and man-made resources within the City
Policy 2- L L 5: Greenway Plan. Consistent with the North Indian River County Greenways Master
Plan (2008), the City shall seek funding for and prepare and maintain a Greenways Plan for bicycle
and pedestrian access.
Policy 1-3.2. 1: Development Impacts. The City shall require applicants to demonstrate measures to
mitigate the adverse impacts of the proposed development on historic or archaeological site or
structure
Policy 1-3.4.1: Healthy Communities. The City shall ensure equitably distributed and accessible
active transportation facilities (i.e. sidewalks, bike lanes) and recreational opportunities (i.e. parks,
greenways) to support healthy lifestyles and physical activity
Policy 2-1. 1.9: Sidewalks and Multi -use Paths. The City shall conduct a sidewalk assessment and
walking study. Sidewalks or multi -use paths shall be mandatory on all new development and on all
new roadway construction.
Policy 4-1.4. 1: Protect Natural Drainage Features. The City shall protect natural drainage features
and ensure future development utilizes stormwater management systems consistent with criteria of
all appropriate local, state, and federal agencies
Policy 4-1.4.3: Ensure that Urban Lands Provide Adequate Drainage and Protection from Flooding
and Manage the Retention of Ground and Surface Water at Levels that Enhance Natural Storage
Capacity of Watersheds and Promote Aquifer Recharge
Policy 4-1.4. 7: Buffer Zone Requirements. The LDC shall include performance criteria which shall
require that new development provide buffer zones adjacent to natural drainageways and retention
areas
Policy 5-1.1.1: Protection of Natural Resources, Wildlife, and Habitats. The City's land
development code (LDC) shall include: a. Performance criteria that protects the City's natural
resources, wildlife, and habitats of endangered or threatened species from the adverse impacts of
development by regulating the location, density, and intensity of those activities which cause the
adverse impact.
Policy 5-1. 1.6. Open Space Corridor System. Through the LDC and land development review
process, the City shall continue to identify opportunities to: a. Provide an interconnected open space
corridor system that links existing open spaces, greenways, public right of ways, and trails including
new open space corridors b. Provide connections from adjacent development to existing or planned
open space corridors c. Connect parks and civic resources (i.e., Community Center) d. Provide low -
impact natural activities such as walking trails, benches, picnic areas, and canoe/kayak launches e.
Connect the City and County 's open space corridors f. Require that open space corridors minimize
the fragmentation of significant wildlife habitat. Corridor widths shall be defined based on the
natural range of targeted habitat/species; however, are generally considered to be a minimum of
25 feet in width
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While the Mixed Use FLUM defines maximum intensities and densities, the Comp Plan and LDC
also regulate and restrict future development to ensure development is low impact, including
provisions for appropriate ecological preservation, adequate buffering and open space, and
opportunities to designate residential and commercial needs of the city, as defined in the city's
comprehensive plan.
Site Intensitv and Densitv
The comp plan provides guidance on both the location and intensity of residential densities and
non-residential intensities.
1. Residential uses and intensities:
The site location and size provide the city the opportunity to create new residential use areas which
can help address the city's current and future housing needs. The proposed Mix Use FLUM
designation permits residential uses include single family, duplexes, and multi -family up to ten
(10) dwelling units per acre, and up to twelve (12) dwelling units per acre with the use of TDRs
or incentives.
"According BEBR, the official population estimate of permanent residents in the City of Sebastian
as of April 1, 2020 is 25,658 residents. Sebastian's fttture population growth is projected to be
34,567 residents by the year 2040 with an average growth rate of 8%. The City 's projected growth
will continue to provide development and redevelopment opportunities for the City. " (2040 FL UM,
Land Use Element)
The City's Housing Element indicates that the city has a need for a more diverse housing market
and more affordable housing:
Goal 3-1: Provision of Housing. Ensure the provision of a sufficient supply of decent, safe, and
sanitary housing options, including affordable housing, that is responsive to the diverse housing
needs of the City's existing and future population, while encouraging the preservation and
enhancement of the City 's existing housing stock and historic structures.
-Affordable housing is determined by comparing the cost of housing to household income. Florida
Statutes defines affordable housing as monthly rents or monthly mortgage payments including taxes,
insurance, and utilities do not exceed 30 percent of the median adjusted gross annual income for
households.
-Cost-burdened households pay more than 30 percent of income for rent or mortgage costs. The
data indicates that 1090 households within the City (38%) paid more than 30% of income for
housing.
According to Census data the highest percentage of renters in Sebastian are paying 35 percent or
more of their income for housing. This makes affordability an issue for renters in the City':
According to the Florida Housing Data Clearinghouse, 4,310 households in Sebastian (41.1 %)
were headed by a person age 65 or older. in Sebastian, 3,924 of elderly households (91 %))own their
homes, while 1,392 elderly households (32.2%) pay more than 30 percent of income for rent or
mortgage costs.
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The Mixed Use FLUM designation will permit a mix of Residential Uses, and the other Comp Plan
Policies (cited herein) require compact, sustainable, low impact design, which affords opportunities
to develop a variety of residential household types, and promotes the development of affordable
housing options.
The mix use FLUM, the "allowable residential uses include single family, duplexes, and multi-
family up to ten (10) dwelling units per acre, and up to twelve (12) dwelling units per acre with the
use of TDRs or incentives. Incentives shall be outlined in the LDC and may include but are not
limited to projects that incorporate regional stormwater pond(s), shared parking structures(s),
bike/pedestrian connectivity, and quality of public open space.
Policy 3-1. 1.1: Adequate Housing. The City's Future Land Use Map shall include adequate amounts
of lands to accommodate the projected housing growth through a variety of housing types and
housing values). The City shall continue to provide land use designations and zoning districts on
the Future Land Use and the Official Zoning Maps, respectively, to ensure that single family, duplex,
and multi family housing units are allowed within the City to provide a diverse range of housing
options (owner ship/r ent) and meet a range of income options.
Policy 3-1.1.3: Housing Options. The City shall, through its Land Development Code (LDC),
encourage the development/r edevelopment of housing that will integrate housing options, including
housing type and ownership status (own/rent), across all neighborhoods.
Policy 3-1.1. 7: Mixed Use. The City shall promote mixed use developments that include provisions
for a wide variety of housing types and prices in close proximity to support facilities.
Policy 3-1.2.1: Affordable Housing. The City shall review methods for addressing the affordable
and "missing middle" housing shortage in the City. The City shall continue to provide technical
assistance, information, and housing data to the private sector to advance the development of fair
and affordable housing.
Policy 9-1.4.2. Work to provide affordable housing opportunities in the City for the City's
workforce, as well as to provide choice in housing types and styles to appeal to diverse demographic
groups needed to drive economic development in Sebastian.
Policy 9-1.4.4. Continue the development of greenways as extensions of the City's park system to
increase open space and recreational opportunities throughout the City.
2. Non-residential uses and intensities (Commercial and light Industrial Uses)
Policy 1-1.3.6: Mixed Use (MU). The maximum intensity is 0.6 FAR, and up to 1.0 FAR with
incentives
In addition to other elements cited herein from the 2040 plan, the Economic Development Element
and Land Use element of the 2040 Comprehensive Plan provides the impetus to support this
annexation and further, to designate commercial and light industrial development areas for this site.
The Comp Plan's projections within it's Economic Analysis "suggest a need to add approximately
59 acres of commercial land and an additional 68 acres of industrial land. However ... the City may
benefit from significantly more employment that could make work trips shorter, as well as bring
fiscal benefits. Further, while much of the City's industrial capacity is at the Airport, that location
is not well -suited for all industries the City may wish to attract, and the lack of a quality industrial
park or similar facility has been cited as a barrier to increased competitiveness in attracting
targeted industries. Thus, the City may need to allocate additional industrial lands, including
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potentially in areas that are annexed in the future, as part of economic development efforts.
Similarly, additional commercial capacity may be necessary for the purpose of creating more
efficient land use patterns, with commercial uses nearby, and physically and functionally integrated
with, residential uses in order to create areas suited forpedestrian and transit activity and dynamic
activity. "
Policy 9-1.3.2. The City shall periodically review the inventory of available industrial land and the
regulations governing them to ensure that appropriate sites will remain available for the industries
targeted in Policy 9-1. L L
The Inventory and Analysis evaluation concludes that annexing this property would provide
opportunities to improve the residents' quality of life. This site's size and location provides the best
opportunity the city may have to develop a sustainable industrial park and provide supporting
commercial opportunities, which has the potential for attraction of more sustainable industries.
Benefits cited in the Comp Plan include:
*Increase manufacturing employment opportunities - "In terms of manufacturing employment
—which is often prized in economic development because it typically offers relatively high wages
but many times without advanced education.. ".
*Decrease employment dependent automobile trips and trip length: "The data also suggest that
Sebastian residents are increasingly traveling further to work which goes against the trend in the
State of Florida. The data show that Sebastian has become more auto -dependent for work -related
trips. This is potentially relevant for a number of reasons. One is that if this is caused by a lack of
accessibility from Sebastian neighborhoods to jobs by means other than private automobile, it will
very difficult for those unable to drive to support themselves economically. It is also relevant as
Sebastian attempts to become a more 'green " City and attract sustainable industries. A reversal of
this trend would signal progress in the effort to become more green, and would also be a selling
point when trying to attract sustainable industries about the City 's seriousness in striving to create
a more sustainable future.
Further support of annexation of this site and designation of commercial and light industrial areas,
the city's stated objectives and policies include:
Objective 9-1. 1. In cooperation with partner organizations, strategically target industry clusters for
startup, relocation and expansion in the City, offer appropriate incentives and effectively market
the City as a location for those industries
Objective 9-1.3. Take steps to ensure that appropriate sites are available in the City for desired
commercial industrial development that supports the City's economic strategy, and to ensure that
information about available sites and buildings is readily available to prospective users.
Policy 9-1.3.1. Consider annexation of areas outside the City that could provide future areas for
commercial or industrial development.
Policy 9-1.3.3. The need for future lands for economic development shall be a primary factor in
planning for growth in areas surrounding the City that could be annexed in the future. In
particular, the CR-510 corridor south of the City should be considered for future industrial
growth, includine the nossibilitvofan industrial nark.
The Land Use Element policies also provide guidelines for the allocation of non-residential areas
along major arterials which will minimize the impact on residential quality. The site lies at a very
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advantageous location which supports urban development. The site is the benefactor of existing
and planned thoroughfare roads, existing water and sewer utilities, and existing SRID drainage
facilities, which can support the future urban development of the site.
The site is strategically located where several existing and proposed thoroughfare plan roads will
provide a favorable grid network of streets, providing multiple means of access from all directions,
including improvements and 1 or extensions of Cr510, 82nd Ave, 81 st St and 74 `h Ave. The road
network will ensure that traffic generated by the site development will not overburden one or two
thoroughfares, that residents and employees of the site can conveniently access or depart the area
with little risk of delays or hindrances, and most importantly, both city and Indian River County
emergency services will have multiple alternative routes to serve the site.
In support of these statements, Comp Plan Policies include:
Policy 1-1.3.9: Pattern ofNon-Residential Land Use. In order to promote efficient flow of traffic
along major arterials cited in the Transportation & Mobility Element, achieve orderly development,
and minimize adverse impact on residential quality, non-residential development shall be
concentrated in strategically located (targeted) areas. These areas include those having location
characteristics which best accommodate specific land, site, public facilities and market location
requirements of their respective non-residential uses.
Policy 1-1.3.10: Allocating Non -Residential Land Use. The approval of non-residential uses shall
recognize that respective non-residential activities frequently have different site, spatial, and market
area characteristics and generate significantly different impacts.
Justification Statement - Conclusion
The applicant, Graves Brothers Company, has submitted a request to voluntarily annex 2044.3 18
acres of property (including right-of-way) into the City of Sebastian. The site is appropriately
located for consideration of annexation. The property lies within the city's designated annexation
reserve area, and is contiguous with the city's southern boundary, and it's east, west and north
boundaries are adjacent to various degrees of existing or proposed urban scale development. The
proposal also includes designating the applicant's 1913.593 acre property (net acreage, excluding
right-of-way) with the city's newly created "Mixed Use" FLUM designation; and the city's
policies and regulations provide a future path for development of the site with appropriate
residential densities and intensities through the implementation of the Planned Unit Development
(PUD)Overlay Designation and PUD development process. The annexation of this site has been
proven to be consistent with the city's newly adopted 2040 Comprehensive Plan, and the
applicant has provided evidence that the annexation will assist the city's goals, objectives and
policies that will improve the quality of life of its existing and future residents by providing
diverse housing opportunities, and new and advantageous social, economic and employment
opportunities. Consequently, the applicant requests that the City Planning and Zoning Board and
City Council approve the request to annex the site and designate the site "Mixed Use" on its
Future Land Use Map.
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Public Facilities Statement:
Generally, the site lies at a very advantageous location which supports urban development. The site
is the benefactor of existing and planned thoroughfare roads, existing water and sewer utilities, and
existing SRID drainage facilities, which can support the future urban development of the site.
The site is strategically located where several existing and proposed thoroughfare plan roads will
provide a favorable grid network of streets, providing multiple means of access from all directions.
The road network will ensure that traffic generated by the site development will not overburden
one or two thoroughfares, that residents and employees of the site can conveniently access or depart
the area with little risk of delays or hindrances, and most importantly, both city and Indian River
County emergency services will have multiple alternative routes to serve the site.
The site will have thoroughfare roads on its entire perimeter:
The FDOT is preparing for the extension of 82 "d Ave which bisects the property and will complete
the extension from SR60 to CR510; and the FDOT is preparing plans to widen CR510 to 4 lanes
from US 1 to Cr512, which pass along and is adjacent to the site's north boundary. The initial
extension of 74`h Ave along the sites east boundary from CR510, % of a mile south, and the
extension of 81" street from 66 m Ave to 74`h Ave will be completed as a condition of approval by
the IRC approved Liberty Park PD TND. This project would ultimately complete the 74'h Ave
extension along the southern 14 of its east boundary to 69 m St. Once the 81" St extension is
completed, 69 th St on the sites south boundary will connect 82 "d Ave to US 1 to the east.
See Exhibit B —Location Map and Thoroughfare Plan Road Network
The site will have several thoroughfare roads extending into and creating
thoroughfare intersections internal to the site:
78 ",80`h , 82 "d , and 84 th Ave(s) in the north / south direction, and 73'd, 77 `h, and 81 " streets in the
east west direction.
Exhibit C —Site Thoroughfare Plan Network and SRID Canals
The site is located adjacent to the county Urban Services Area
The site is located adjacent to the county Urban Services Area on its north, east and west sides. The
official boundary in this vicinity is CR510 (north of and contiguous to the site along CR510), and
90 `h Ave (west and contiguous to the site / City of Fellsmere / Vero Lake Estates), and 60 Ave
(east of 66 h Ave), While the east boundary of the site (74 a' Ave) is not officially contiguous to the
mapped urban services area, the county has already effectively moved the boundary from 66"' Ave
to 74 th Ave (and contiguous to the site) with the approval of the Liberty Park PD TND, a mixed use
development with over 900 units and 200,000 sf of commercial use. Consequently, the effective
county urban service line is at the sites North, West AND East boundaries. However, irrespective
of the COUNTY'S urban service line location, Article 6 "Operating, Maintenance and Expansion
of the Sebastian Utility System" of the "Interlocal Agreement Providing for the Transfer of the City
of Sebastian Water and Wastewater System" adopted Sept 20, 1995 between IRC and the City of
Sebastian provides that IRC has an affirmative duty to expand the system inside and outside of the
city, and to provide service by the county's water and wastewater systems concurrent with the
Page 13
226 of 457
demands of new growth or the expansion or extension of water or wastewater transmission,
distribution, or collection facilities by either the city or the county.
Currently, IRC has existing water distribution mains along the sites west boundary in Vero Lake
Estates, water and sewer transmission mains on CR5 10 on the sites north boundary and will have
utilities at the sites' east boundary concurrent with the development of Liberty Park PD TND.
Liberty Park PD TND will be connecting and extending utilities south and west from CR510 and
66`h Ave, through 81 n St, 70'h and 74'h Ave, ultimately bringing utility services to the site's east
property line.
See Exhibit D - Utility Infrastructure
The site lies entirely within the Sebastian River Improvement district (SRID), a chapter 189 and
289 Improvement district which is responsible for the implementation, operation and maintenance
of a water control plan and stormwater drainage by gravity within the district boundaries.
Consequently, adequate facilities are in place to ensure the site has adequate and legal drainage
capabilities.
The site is bisected in the north south direction by both Laterals C and L canals, and adjacent to
lateral D on its west boundary. Lateral L canal runs along and through the natural slough and
headwaters of the South Prong of the St. Sebastian River. Several sub -laterals bisect the site in the
east to west direction, draining a majority of the site east and west to Lateral C. These include sub -
laterals C2E&W through C5E&W plus C6&7W.
Exhibit C - Site Thoroughfare Plan Network and SRID Canals
Adequate traffic, utilities, drainage, and other facilities either exist or are planned in the vicinity of
the site. The Comprehensive Plan, Infrastructure Element establishes standards for Concurrency
management and specifically, standards for Transportation, Potable Water, Wastewater,
Drainage, and Recreation. Chapter IX of the City's Land Development Code, "Concurrency
Management", defines the level of service standards for these facilities, and specifies that adequate
provisions for these services are necessary to support new development. Upon submittal of any
new development proposals, the city's Comp Plan and its LDC require a complete evaluation of
existing infrastructure capacity and need for new facilities concurrent with development.
Page 14
227 of 457
List of Exhibits
Exhibit A: "Map 1-14: Annexation Reserve Area' COS 2040 Comprehensive Plan".
Exhibit B - Location Map and Thoroughfare Plan Road Network
Exhibit C - Site Thoroughfare Plan Network and SRID Canals
Exhibit D - Utility Infrastructure
Exhibit E - Proposed City FLUM Amendment
Attachments
• Warranty Deed
• Title Policy/Certification
• Survey of Land
Page 15
228 of 457
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CITY COUNCIL AGENDA TRANSN UTTAL
Council Meeting Date: March 22, 2023
Aeenda Item Title: Ordinance 0-22-13 — Second Reading and Public Hearing- Request for
Comprehensive Plan Future Land Use Map and Text Amendment — Graves
Brothers Company
Recommendation: Hold public hearing and adopt Ordinance 0-22-13 on second reading
Backeround: On May 25, 2022, the City Council approved at first reading the proposed annexation
of 2044.3 gross acres, more or less, of property into the city in accordance with Florida Statute 171.044, Voluntary
Annexation, and as petitioned by the property owner, Graves Brothers Company. The property is located South of the
north boundary of County Road 510 ROW, West of lands adjacent to the 74th Ave ROW, North of 69th Street ROW,
and East of.90th Ave ROW. The site is bisected in the north/south direction through its approximate center by 82nd
Ave. The subject property is currently vacant agricultural land in unincorporated Indian River County (IRC),
contiguous to the existing corporate limits and boundaries of the City of Sebastian.
Consecutively, the property owner has requested for consideration an amendment to the comprehensive plan future
land use map (FLUM) and companion text change for the parcel of land containing 1913.6 acres from Indian River
County Agricultural (AG-1) to City of Sebastian Mixed Use (MU) land use designation in order to achieve
consistency with the city's adopted Comprehensive Plan 2040. The land use change will constitute the `Ind acreage"
which is approximately 130.7 acres less than the gross acreage due to the road and canal right-of-ways. The property
currently maintains an active agricultural use so the zoning will remain as Agriculture A-1 with the County until such
time as the property owner petitions the City for a zoning amendment and development plans are made for the
property or a portion of the property. The property owner does not have a proposed development plan for the subject
property at this time. Additional information regarding the future use of the property will be presented during the
zoning amendment and land development process. A Justification Statement and Public Facilities Statement was
submitted by the property owner.
On September 15, 2022, after careful review and a public hearing of the Planning and Zoning Commission, sitting
as the Local Planning Agency (LPA), a motion was made and seconded to find the proposed change to the Future
Land Use Map and recommended text amendments to be consistent with the Comprehensive Plan, and to forward
a recommendation for the adoption of the requested change to the City Council. As part of the land use map
amendment, the LPA recommended site specific policy text changes pertaining to the mixed use development
which have been incorporated into Ordinance 0-22-13. These conditions shall be made part of the
Comprehensive Plan 2040 Land Use Element Objective 1-1.7: Site Specific Policies.
A large scale land use amendment (over 50 acres) must be reviewed by the Department of Economic Opportunity
(DEO). A transmittal hearing was conducted at the City Council meeting on October 12, 2022 which transmitted
0-22-13, the proposed land use and text amendment, to DEO and stakeholders for review and comment.
Comments have been received verbally and electronically from DEO staff' relative to the comprehensive plan
future land use map and text amendment. DEO has not identified any related adverse impacts to important state
resources and facilities within the Departments authorized scope of review. However, they provided three
technical assistance comments consistent with Section 163.3168(3), F.S. Following receipt of the response letter
dated November 18, 2022 (Attachment A), DEO verbally requested clarification to item 1. in order to correctly
depict the maximum density and intensity of the proposed land use category. Stakeholder technical assistance
comments have also been received that will not form a basis of a challenge however, have been taken into
consideration. Relevant alterations to the FLUM text amendment conditions have been incorporated into the final
234 of 457
draft of Ordinance 0-22-13 (Attached). The amendment was continued to February 8, 2023 from the December
14, 2023 City Council meeting. Re -adoption of the Ordinance is being held in compliance with the 4th DCA
decision for a March 22, 2023 public hearing.
ii Agenda Item Reauires Expenditure of Funds:
Budgeted Amount: 0
Total Cost: 0
Funds to Be Utilized for Appropriation: NA
Attachments:
1. Ordinance 0-22-13
2. Attachment A, DEO comment letter, November 18, 2022, and stakeholder responses
Administrativ(
City Attorney
Procurement I
City Manager Authorization:
Date:
235 of 457
ORDINANCE NO.O-22-13
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING
TO THE COMPREHENSIVE PLAN; AMENDING THE FUTURE LAND
USE MAP BY ESTABLISHING A LAND USE CLASSIFICATION OF MU
(MIXED USE) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND
USE DESIGNATION OF AG-1 (AGRICULTURAL) ON PROPERTY
CONSISTING OF 1913.6 ACRES, MORE OR LESS, LOCATED SOUTH OF
COUNTY ROAD 510, WEST OF LAND ADJACENT TO 74TH AVENUE,
NORTH OF 69TH STREET, AND EAST OF 90TH AVENUE; AMENDING
THE LAND USE ELEMENT WITH SITE SPECIFIC POLICIES;
AUTHORIZING ADMINISTRATIVE ACTIONS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY AND
INTERPRETATION; PROVIDING FOR SCRIVENER'S ERRORS;
PROVIDING AN EFFECTIVE DATE AND PROVIDING AN ADOPTION
SCHEDULE.
WHEREAS, after careful review and a public hearing of the Planning and Zoning Commission,
sitting as the Local Planning Agency, a motion was made and seconded to find the proposed change to the
Future Land Use Map and recommended site specific policy conditions to be consistent with the
Comprehensive Plan, and to forward a favorable recommendation for the adoption of the requested
change to the City Council; and
WHEREAS, the City Council has considered the criteria identified in the Comprehensive Plan
and Florida Statutes together with the findings and recommendations of its staff and the Planning and
Zoning Commission; and
WHEREAS, as provided by Section 163.3177 (2), Florida Statutes, the City Council finds that
the proposed Comprehensive Plan amendment is internally consistent and coordinated with the
Comprehensive Plan; and
WHEREAS, the City Council has provided notice of the proposed Future Land Use Map
Amendment and has conducted the required public hearings to receive citizen input; and
WHEREAS, the City Council has determined that the proposed changes in the City
Comprehensive Future Land Use Map and site specific policy conditions, are consistent with the existing
future development goals of the City of Sebastian; encourages the most appropriate use of land, water and
other resources; promotes and protects the public health, safety, and general welfare; provides adequate
and efficient infrastructure and resources; and protects the public interest within the City of Sebastian;
and
236 of 457
WHEREAS, the City Manager transmitted a certified copy hereof to the authorities designated
under Fla. Stat. 163.3184 (3) upon passage at first reading, and proceed herewith in accordance with the
provisions of Fla. Stat. Chapter 163; and
WHEREAS, on December 14, 2022, City Council, at a properly noticed public hearing,
voted to continue Ordinance #22-13 to a date certain of February 8, 2023 at 6:00 PM; and
WHEREAS, on February 8, 2023 City Council held the public hearing for Ordinance
#22-13, approved the proposed Future Land Use Map Amendment and received public input;
and
WHEREAS, on February 8, 2023 the Fourth District Court of Appeals rendered a
decision in Michael David Testa vs. The Town of Jupiter Island, No. 4D22-432 rejecting the
generally accepted idea that Section 166.041, Florida Statutes, allows a governmental entity to
continue a noticed hearing to a date certain and avoid re -noticing the hearing; and
WHEREAS, the City Council, in order to comply with the 4th DCA decision, re -posted
proper notice in compliance with Section 166.041, Florida Statutes, for Ordinance #22-13 for a
March 22, 2023 public hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION 1. RECITALS INCORPORATED. Each and all of the aforementioned recitals
("WHEREAS" clauses) are hereby incorporated in this Ordinance. Exhibits la, lb, and 2, referenced
below are hereby incorporated into this Ordinance by reference.
SECTION 2. AFFECTED PROPERTY. The amendment to the Comprehensive Plan Future
Land Use Map (FLUM) and site specific policy conditions adopted by this Ordinance shall affect the
following described real property, now lying and being within the incorporated area of the City of
Sebastian, Indian River County, Florida:
See attached Exhibit Ia and lb Property Survey (herein: the "Real Property").
SECTION 3. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be
amended to include the affected Real Property, and the Real Property shall be designated as Mixed Use
(MU) in accordance with the requirements of Florida law.
See attached Exhibit 2 Future Land Use Map
The City recognizes specific large scale annexation parcels with Mixed Use land use such as the specified
property identified in Exhibit la and lb require site specific conditions that will apply at the time of site
planning and development. As part of the land use map amendment, site specific policy conditions
pertaining to the mixed use development have been incorporated into Ordinance 0-22-13 as follows:
237 of 457
Objective 1-1.7: Site Specific Policies. The following policies are adopted specific to individual areas
within the City of Sebastian.
Policy 1-1.7.1: 1913.6 +/- Property located South of County Road 510, West of Land Adjacent
to 746 Avenue, North of 69°' Street, and East of 90'h Avenue, more specifically described in City
Ordinance No. 0-22-13 shall be developed subject to the following policies.
a. Rezoning of the property shall be done through a Planned Unit Development process as described in
Article XX of the City's Land Development Code, as amended, or superseded, from time to time.
b. Housing types shall be mixed to meet various income levels and lifestyle choices; a mix of Single
Family Dwelling Units and Multi -Family Dwelling Units (the "Dwelling Units") consisting of a
variety of housing choices in order to achieve the mix of housing required for affordability and
accessibility within a mixed use development. The housing mix targets 40% Medium Density up to
10 units/acre; 40% Low Density up to 5 units/acre; and 20% Very Low Density up to 3 units/acre,
including at least 5 percent (5%) and up to 10 percent (10%) of the Dwelling Units on the Real
Property as being Affordable Housing.
c. Provision for future dedication of Right of Way, at the time of Development, to the extent required
for the Development and upon mutual consent of the Owner, shall be transferred to the appropriate
entity to promote an interconnected, extended and improved grid road system, along with a well -
planned transportation system of roads and streets throughout the Real Property, in coordination with
the County, to specifically include 84"' Avenue, 81" Street, 77'h Street, and 73nd Street, as well as 740'
Avenue.
d. Provision shall be made on the Real Property for a mixed -use "Town Center" area including an active
street frontage or context sensitive street design, compatibility of central theme or design character,
and a comprehensive transportation network that promotes walkability thru compact Development
and proximity of structures, reduces auto dependence, and connects to state and local transportation
corridors.
e. To the extent required for and at the time of the Development, future dedication and donation of
Institutional parcels may be required as necessary for governmental services such as post offices,
public safety, schools, etc. and Public Facilities that may be needed for increases in necessary
services, as identified by concurrency analysis in accordance with the City of Sebastian Land
Development Codes and Ordinances at the time of development.
f. Strategic assembly of commerce and industrial development consistent with the City's
Comprehensive Plan Mixed Use Land Use.
g. To the extent required for and at the time of the Development, future dedication or conveyance of
Conservation lands to appropriate entity to include any natural areas of significant importance, and
the provision of greenway trails to promote a system of connectivity and access consistent with the
City's Comprehensive Plan and Land Development Codes.
h. To the extent required for and at the time of the Development, dedication of City Park and
recreational lands above what will be required in the individual residential subdivision developments.
Allocation of parks and recreational lands consistent with the City's Comprehensive Plan and Land
Development Codes specifically: a minimum of 2 acres per 1000 residents of publicly accessible
recreation lands, and a minimum of 2 acres per 1000 residents of other recreational lands. Publicly
accessible lands shall be designated at the time of PUD zoning and may be conveyed to the City. The
238 of 457
dedicated lands, shall count towards the required aggregate open space required for the Real
Property;
i. Increased buffers adjacent to low density areas outside of the PUD area shall be in accordance with
existing City Land Development Codes.
j. As a condition of future Development of the Real Property, the Owner shall provide sufficient land
area for Public Facility Infrastructure required to support the Development and mandate hook-up to
central potable water and wastewater systems for all new Developments on the Real Property prior to
receiving final Development Orders. Therefore, the proposed development of any portion of the Real
Property must provide sewer/wastewater, reclaim water systems and Stormwater Management
Systems, and water service as a condition of Development. These services may be provided by the
County however no septic systems would be allowed in accordance with City policy and land
development codes.
k. The property shall be Master Planned on a minimum of no less than increments or units of 400 acre
Parcels as part of an overall Planned Development project using the PUD zoning district and process,
and shall promote Green infrastructure through a comprehensive plan of connected Stormwater,
greenways, and Open Space that provides for wildlife habitat, Stormwater Management System and
recreational opportunities including Low Impact Design and Best Management Practices.
1. The Real Property shall consist of a mix of uses consisting of 2040 percent non-residential gross
acreage to 60-80 percent residential gross acreage, with fact that Open Space requirements must be
satisfied.
m. The Real Property Development shall have a minimum aggregate total of 50% Open Space for
Residential Land Uses and 30% Open Space for non-residential land uses in accordance with Sec. 54-
2-5.10(c) City Land Development Code, including but not limited to each of the following uses which
shall qualify to meet the Open Space requirement: conservation and preservation land; greenways
and trails; all parks whether passive or recreational; all common Open Space; Stormwater uses
(inclusive of lakes and canals), wetland preservation, preservation of habitat for Protected Species
which is left undeveloped, and any pervious portions of the Real Property conveyed to the County or
City for a Wastewater treatment plant, schools, fire station or police station.
SECTION 4. TRANSMITTAL. The City Manager is directed to transmit a certified copy
hereof to the state land planning agency, the Department of Economic Opportunity, as provided by Fla.
Stat. 163.3184 (3) (c) 2. within ten (10) working days of adoption.
SECTION 5. CONFLICT. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 6. SEVERABILITY AND INTERPRETATION.
(a) In the event a court of competent jurisdiction shall hold or determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall
be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It
shall further be assumed that the City Council would have enacted the remainder of this Ordinance
without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force
and effect.
239 of 457
(b) That in interpreting this Ordinance, underlined words indicate additions to existing text,
and str-ie m tl:ro gh words include deletions from existing text. Asterisks (* * * *) indicate a deletion
from the Ordinance of text, which exists in the Code of Ordinances. It is intended that the text in the
Code of Ordinances denoted by the asterisks and not set forth in this Ordinance shall remain unchanged
from the language existing prior to adoption of this Ordinance.
SECTION 7. SCRIVENER'S ERRORS. Sections of this Ordinance may be renumbered or
re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the
City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -
codified copy of same with the City Clerk.
SECTION S. EFFECTIVE DATE. This Ordinance shall take effect upon the concurrence of
the issuance of a Notice of Intent by the Florida Department of Economic Opportunity or other final
action finding the amendment herein in compliance, including the adoption and recordation of the
Annexation Agreement.
SECTION 9. ADOPTIVE SCHEDULE. That this Ordinance was passed on the first reading
at a regular meeting of the City Council on the 12th day of October, 2022, and adopted on second/final
reading at a regular meeting of the City Council on the Februazv Bth , 202P'
PASSAGE UPON FIRST READING
The foregoing Ordinance was moved for passage upon first reading this 12U' day of October, 2022, by
Councilmember MaPartlan .. The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Jim Hill
Vice Mayor Fred Jones
Council Member Ed Dodd
Council Member Christopher Nunn
Council Member Bob McPartlan
ADOPTION
aye
aye -- -
aye
aye
aye
ATTEST:
L,41
anette William, MMC
City Clerk
The foregoing Ordinance was moved for adoption by Council Member McPartlan . The motion was
seconded by Council Member Nunn _ and, upon being put to a vote, the vote was as
follows:
240 of 457
ADOPTION
The foregoing Ordinance was moved for adoption by Council Member . The motion was
seconded by Council Member and, upon being put to a vote, the vote was as
follows:
Mayor Fred Jones
Vice Mayor Christopher Nunn
Council Member Kelly Dixon
Council Member Ed Dodd
Council Member Bob McPartlan
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
, 2023.
ATTEST:
Jeanette Williams, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
Lo
Fred Jones, Mayor
Approved as to form and legality for
Reliance by the City of Sebastian only:
Andrew Mai, Interim City Attorney
This ordinance is effective the day of , 2023, concurrent with the issuance of the
Notice of Intent finding the amendment in compliance by the Florida Department of Economic
Opportunities.
241 of 457
ATTACHMENT A
242 of 457
Ron DeSantis
GOVERNOR
I'I.iORIDSA DEMRrMENTd
ECONOMIC OF46OWMNIT'
November 18, 2022
The Honorable Jim Hill
Mayor, City of Sebastian
Sebastian City Hall
1225 Main Street
Sebastian, Florida 32958
Dear Mayor Mill:
Dane Eagle
SECRETARY
The Department of Economic Opportunity ("Department") has reviewed the City of Sebastian's
proposed comprehensive plan amendment (Amendment No. 22-01ESR), received on October 19, 2022,
pursuant to the expedited state review process in Section 163.3184(2)(3), Florida Statutes (F.S.). We
have identified no comment related to adverse impacts to important state resources and facilities within
the Department's authorized scope of review.
We are, however, providing three technical assistance comments consistent with Section
163.3168(3), F.S. The technical assistance comments will not form the basis of a challenge. They are
offered either as suggestions which can strengthen the City's comprehensive plan In order to foster a
vibrant, healthy community or are technical In nature and designed to ensure consistency with the
Community Planning Act In Chapter 163, Part 11, FS. The technical assistance comments are:
Technical Assistance Comment 1:
The amendment should include an urban s0rawl anal sis alon:, with data and onah•sls to su(wort
the rro;. used amendment. The amendment resultin_ in a ; otential increase of over 1S.000
dwellin,, units and almost 57 000.000 souare ,eet. re:,ulres data and analysis :or ulannlm;
,.urooses pursuant to sections 163.3177 1;, ,11. and 163.3177 6- a 2., F.S. The anaJt sis should be
based on the maximum dens& and Jntensit; o; the : ro. ,osed land use cote ,or:. Alternative!:
the Cit; or Sebastian should consider a di'rerent land use cateoor. that more accuratet reilects
the site's intended uses densit. and intenslt4-. The amendment could also be su,>. orted b a
ss eci Ic text amendment that ne; lects develo. ment levels and uses closer to the intended use.
This should then be sur,,• ,orted b) data and anoll -sis based on the more sr ,ecilic description
includrn. a - ublic acilities anal sis and urban s: rawl anal,, sis.
Florida Department of Economic Opportunity I Caldwell Building 1 107 E. Madison Street I Tallahassee, FL 32399
(850) 245.71051 www.FloddaJobs.org I www.7witter.com/FLDE0 I www.Facabook.com/FLDEO
An equal opportunity employer/program. Auxiliary aids and service are available upon request to individuals with
disabltf les. All voice telephone numbers on this document may be reached by persons using TTYrfTD equipment via
the Florida Relay Service at 711
243 of 457
The Honorable Mayor Hill
November 18, 2022
Page 2 of 2
Technical Assistance Comment 2:
The Department stronaly encouraaes the City of Sebastian to coordinate with the St. Johns River
Water ManagementDistrkt on all Matters pertaining to regional water supply, water
conservation. and water use Perrnittinq; Indian River County for the provision of water, sewer,
and road services: and the Florida Department of Transportation reaardina transportation
access.
Technical Assistance Comment 3:
Prior to adoption of the Proposed amendment, the sublect property must be formally annexed to
Me City of Sebastian.
The City should act by choosing to adopt, adopt with changes, or not adopt the proposed
amendment. Foryour assistance, we have enclosed the procedures for adoption and transmittal of the
comprehensive plan amendment. In addition, the City is reminded that:
Section 163.3184(3)(b), F.S., authorizes other reviewing agencies to provide comments directly
to the City. If the City receives reviewing agency comments and they are not resolved, these
comments could form the basis for a challenge to the amendment after adoption.
The second public hearing, which shall be a hearing on whether to adopt one or more
comprehensive plan amendments, must be held within 180 days of your receipt of agency
comments or the amendment shall be deemed withdrawn unless extended by agreement with
notice to the Department and any affected party that provided comment on the amendment
pursuant to Section 163.3184(3)(c)l., F.S.
The adopted amendment must be rendered to the Department. Under Section
163.3184(3)(c)2. and 4., F.S., the amendment effective date is 31 days after the Department
notifies the City that the amendment package Is complete or, if challenged, until It is found to be
In compliance by the Department or the Administration Commission.
If you have any questions concerning this review, please contact Yazmin Valdez, Planning
Analyst, by telephone at (850) 717-8524 or by email at Yazmin.Valdez@DEO.MyFlorlda.com.
Si rely,
mes D. Stansbury, Chief
Bureau of Community Planning and Growth
!DS/yv
Enclosure(s): Procedures for Adoption
cc: Lisa Frazier, Community Development Director, City of Sebastian
Thomas Lanahan, Executive Director, Treasure Coast Regional Planning Council
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SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS
FOR EXPEDITED STATE REVIEW
Section 163.31"3), Florida Statutes
NUMBER OF COPIES TO BE SUBMITTED: Please submit electronically using the Department's electronic
amendment submittal portal "Camprehensive Plan and Amendment Upload"
(httcs://fideo.mv satesfgrae-sites comma or submit three complete copies of all comprehensive plan
materials, of which one complete paper copy and two complete electronic copies on CD ROM in
Portable Document Format (PDF) to the State Land Planning Agency and one copy to each entity below
that provided timely comments to the local government: the appropriate Regional Planning Council;
Water Management District; Department of Transportation; Department of Environmental Protection,
Department of State; the appropriate county (municipal amendments only); the Florida Fish and Wildlife
Conservation Commission and the Department of Agriculture and Consumer Services (county plan
amendments only); and the Department of Education (amendments relating to public schools); and for
certain local governments, the appropriate military installation and any other local government or
governmental agency that has filed a written request.
SUBMITTAL LETTER: Please indude the following Information in the cover letter transmitting the
adopted amendment:
State Land Planning Agency Identification number for adopted amendment package;
Summary description of the adoption package, including any amendments proposed but not
adopted;
Identify if concurrency has been rescinded and Indicate for which public facilities.
(Transportation, schools, recreation and open space).
Ordinance number and adoption date;
Certification that the adopted amendments) has been submitted to all parties that provided
timely comments to the local government;
Name, title, address, telephone, FAX number and e-mail address of local government contact;
Letter signed by the chief elected official or the person designated by the local government.
Revised: October 2022 Pa$e 1
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ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment
package:
In the case of text amendments, changes should be shown in strike-through/underline format.
In the case of future land use map amendments, an adopted future land use map, In color
format, clearly depicting the parcel, Its future land use designation, and its adopted designation.
A copy of any data and analyses the local government deems appropriate.
Note: If the local government is relying on previously submitted data and analysis, no additional data
and analysis is required;
Copy of the executed ordinance adopting the comprehensive plan amendment(s);
Suggested effective date language for the adoption ordinance for expedited review:
'The effective date of this plan amendment, if the amendment is not timely challenged, shall be
31 days after the state land planning agency notifies the local government that the plan
amendment package is complete. If the amendment is timely challenged, this amendment shall
become effective on the date the state land planning agency or the Administration Commission
enters a final order determining this adopted amendment to be in compliance."
List of additional changes made in the adopted amendment that the State Land Planning Agency
did not previously review;
List of findings of the local governing body, if any, that were not included In the ordinance and
which provided the basis of the adoption or determination not to adopt the proposed amendment;
Statement indicating the relationship of the additional changes not previously reviewed by the
State Land Planning Agency in response to the comment letter from the State Land Planning Agency.
Revised: October 2022 Page 2
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Revision: 11/18/22
TREASURE COAST REGIONAL PLANNING COUNCIL
MEMORANDUM
To: City of Sebastian
From: Staff
Date: November 18, 2022
Subject: Local Government Comprehensive Plan Review
Draft Amendment to the City of Sebastian Comprehensive Plan
Amendment No. 22-01ESR
Introduction
The Community Planning Act, Chapter 163, Florida Statutes, authorizes the regional planning
council to review local government comprehensive plan amendments prior to their adoption. The
regional planning council review and comments are limited to adverse effects on regional
resources or facilities identified in the Strategic Regional Policy Plan (SRPP) and
extrajurisdictional impacts that would be inconsistent with the comprehensive plan of any
affected local government within the region. Council must provide any comments to the local
government within 30 days of the receipt of the proposed amendments and must also send a copy
of any comments to the state land planning agency.
The amendment package from the City of Sebastian was received on October 19, 2022 and
contains one Future Land Use Map (FLUM) amendment and a text amendment to the Land Use
Element. This report includes a summary of the proposed amendments and Council comments.
Summary of Proaosed Amendments
On May 25, 2022, the City Council approved at first reading the proposed annexation of
2,044.318 gross acres, more or less, of property owned by Graves Brothers Company. The
property is located south of County Road 510, west of 74 b Avenue, north of 69`s Street, and east
of 90a' Avenue. The subject property is currently agricultural land in unincorporated Indian River
County, contiguous to the boundaries of the City. Consecutive with the annexation, the property
owner is requesting an amendment to the FLUM and text changes to the Land Use Element to
assign a City land use designation to 1,913.593 acres, changing it from Indian River County
Agricultural (AG-1), which would allow up to 382 dwelling units, to City of Sebastian Mixed
Use (MU), which allows 10 dwelling units per acre and 0.6 Floor Area Ratio (FAR) for non-
residential development (up to 12 dwelling units and up to 1.0 FAR with incentives). Based on
1,913.593 acres and the limitation proposed in Policy 1-17.1(1), the proposed designation would
allow 13,395 dwelling units (16,074 dwelling units with incentives) and approximately 15
million square feet of non-residential uses (25 million square feet with incentives). These
densities and intensities are not available by right and the actual yield will likely be further
247 of 457
reduced by application of the land development regulations. The land use change will constitute
the "net acreage," which is approximately 130.725 acres less than the gross due to road and canal
rights -of -way. The County's Agricultural zoning designation will remain until such time as the
property owner petitions the City for a zoning amendment and provides development plans for
the subject property. The property owner does not have a proposed development for the subject
property at this time.
Adjacent future land use designations include: County Low Density Residential-1, up to 3
dwelling units per acre (L-1), Conservation-3, 1 unit per 2.5 acres (C-3), and City Commercial
General (CG) to the north; County Agricultural-1, 1 unit per 5 acres (AG-1), County
Conservation-3, 1 unit per 2.5 acres (C-3), and Planned Development (Liberty Park TND) to the
east; and County Agricultural-1, 1 unit per 5 acres (AG-1) to the west and south.
The City recognizes that large scale annexation parcels with a Mixed Use designation require site
specific policy conditions. Accordingly, as part of the land use amendment, the City has added
the following conditions (shown in underline) pertaining to the desired mixed -use development
of the site into the adopting ordinance as follows:
Obiective 1-1.7: Site Saecific Policies. The following polices are adopted specific
to individual areas within the City of Sebastian.
Policv 1-1.7.1: 1.913.593 +/- Proverty located South of County Road 510. West of
Land Adiacent to 74'h Avenue. North of 69' Street and east of 90th Avenue, more
specifically describe in City Ordinance No. 0-22-13 shall be developed subiect to
the following policies:
a. Rezonine of the nronertv shall be done throueh a Planned Unit Development Process
as described in Article XX of the Land Development Code.
b. Housing tvnes shall be mixed to meet various income levels and lifestyle choices.
c. Future dedication of ROW upon mutual consent of the land owner to the appropriate
entity that promotes an interconnected. extended and improve grid road system along
with a well -planned transportation system of roads and streets throughout the
development, in coordination with Indian River County, to specifically include 81'
Street. 77`h Street, and 73`d Street as well as 74'h Avenue.
d. Provision for a mixed -use "Town Center" area.
e. Future dedication and donation of institutional lands necessary for eovemmental
services such as nost offices, public safety. schools. etc. that may be needed for
increases in necessary services, as identified by concurrencv analysis in accordance
with the City of Sebastian land development codes and ordinances at the time of
development.
f. Strategic assembly of commerce and industrial development consistent with the,
City's Comprehensive Plan Mixed Use Land Use.
g. Future dedication of conservation lands to appropriate entity at the time of
development to include anv natural areas of significant importance, and the
provision of areenwav trails to promote a system of connectivity and access
consistent with the City's Comprehensive Plan and land development codes.
2
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h. Dedication of Citv Park and recreational lands above what will be reauired in the
individual residential subdivision developments. Allocation of parks and recreation
lands consistent with the Citv's Comprehensive Plan and land development codes
snecifically: a minimum of 2 acres/1000 residents of publicly accessible recreation
lands. and a minimum of 2 acres/1000 residents of other recreational lands.
i. Increased buffers adiacent to low density areas outside of the PUD area.
j. As a condition of future development: sufficient land area shall be allocated for
infrastructure required to support the development and mandate hook-up to central
potable water and wastewater systems for all new development prior to receivine
development orders. Therefore, the proposed development, the Graves Brother
Sebastian South, must provide sewer and water service as a condition of
development. These services may be provided by the County, however no septic
systems will be allowed in accordance with Citv volicv and land development codes.
k. The nroperty shall be master planned on a minimum of no less that 500 acre units as
Part of an overall Planned Development proiect using PUD zoning district and
process.
1. The property shall consistent of a mix of uses of a minimum 30 percent non-
residential to 70 percent residential.
in. The pronertv shall require a minimum aimreaate total of 50% open space. Each of
the following use shall oualifv to meet the open space requirement: conservation
area: ereenways and trails: all public parks ereater than one acre. whether passive or
recreational: pervious portions of aaricultural land: all common open space: upland
preserves: undeveloped lands suitable for passive recreation, conservation,
stormwater uses. wetlands preservation, preservation of habitat for protected
specifies which is left un-developed, and anv portions of the Real Property conveyed
to the Countv or Citv for a wastewater treatment plan, fire station or police station.
Golf courses shall not be considered Open Space.
The property owner has provided a Public Facilities Statement that indicates "the site is the
benefactor of existing and planned thoroughfare roads, existing water and sewer utilities, and
existing SRID (Sebastian River Improvement District) drainage facilities, which can support the
future urban development of this site." The report fiuther states that adequate traffic, utilities,
drainage, and other facilities either exist or are planned in the vicinity of the site. Additionally,
the City's land development codes and comprehensive plan establish concurrency standards and
specify that adequate provision of these services are necessary to support new development.
Upon submittal of any development proposals, the developer will be required to complete an
evaluation of existing infrastructure capacity and need for new facilities concurrent with
development.
Regional Impacts
An analysis of impacts on Level of Service was not provided, therefore no specific adverse
effects on regional resources or facilities can be identified. However, the City and the County
should collaborate to plan in advance for and manage the transition of the area along 82nd
Avenue from primarily agricultural to other uses that respond to the changing transportation
patterns being brought about by the roadway extensions and improvements. The approval of the
proposed future land use designation in the City of Sebastian along the east side of 901s Avenue
3
249 of 457
and south side of 851h Street/County Road 510 will lead inevitably to changes along the west side
and northside respectively as well as down 82°d Avenue to the south. Unmanaged, the resulting
growth will create adverse impacts to regional resources and facilities such as natural areas,
agricultural lands, and roadways.
Extraiurisdictional Imnacts
Council requested comments from local governments and organizations expressing an interest in
reviewing the proposed amendment on October 24, 2022. No extrajurisdictional impacts have
been identified.
Conclusion
No adverse effects on regional resources or facilities and no extrajurisdictional impacts have
been identified. However, the following is offered for consideration by the City before approval
of the land use designation change.
The subject 1,913.593 acre property represents an extraordinary opportunity for the City of
Sebastian to plan an expansion that will demonstrate all that has been learned about town
planning and preferred forms of development since the last large expansion of the City by
General Development many years ago and secure a prosperous and healthy future for new and
existing residents. The City of Sebastian should be commended for promoting a future growth
direction for the proposed development of the Graves Brothers Company properties to include a
network of interconnected streets and roadway grid system; a variety of housing types to
accommodate a range of income levels and lifestyle choices; and provisions for a mixed -use
"Town Center" and neighborhood commercial.
It is also important to recognize that the proposed future land use designation would allow the
construction of over 13,000 new dwelling units and over 15 million square feet of new non-
residential buildings. At a potential population of 31,000 persons (based on Sebastian's persons
per household of 2.39), the new development could exceed the population of Sebastian itself
(25,915 per BEBR). While application of all land development regulations and the various
requirements of Policy 1-1.1.7.1 will likely reduce the actual yield of units and intensity, the
establishment of what amounts to a new city in impacts will require a robust planning and
coordination effort with service providers and adjacent jurisdictions to ensure adequate services
are provided in advance of and no later than development impacts. It should not be assumed that
currently planned improvements (state and county road extensions or water and sewer plant
capacity expansions for example) have anticipated the potential development magnitude that the
Proposed land use designation would allow.
There are a number of Goals, Strategies, and Policies in the "Future of the Region" section of the
Strategic Regional Policy Plan (SRPP) which are applicable to the proposed future land use
amendment and which were utilized in forming the recommendations listed below. Under
Preferred Development Form Strategies, Goal 2.1 calls for preserving natural systems. Goal 4.1
states that future development should be part of existing or proposed cities, towns, or villages.
Under Strategy 4.1.1, Policy 4.1.1.1 lists a number of fundamental planning principles for new
towns and Strategy 4.1.2 states that determinations should be made on the preferred locations for
4
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new cities, towns, and villages. In the Sustainability section, Policy 10.1.1.1 under Goal 10.1
calls for the planning and design of new development to effectively accommodate alternative
modes of transportation. Finally, in the section on Children, Goal 12.1 calls for improved
independence and self-sufficiency of the children in the Region. Policy 12.1.1.2 encourages the
location and provision of schools, parks, recreation, and other uses (such as retail, civic uses,
etc.) within biking or walking distance of residential areas.
In an effort to assist the City in achieving its planning goals stated in the conditions incorporated
into Ordinance No. 0-22-13 and to ensure consistency with the SRPP, Council offers the
following recommendations:
1. The proposed ordinance states that the site will be rezoned using the Planned Unit
Development Process. This development process, which is typically characterized as
planning by negotiation, can be unpredictable and generate unintended results. Council
recommends that companion Land Development Regulations be established for the
annexation area that specifically prescribe the design intent and development parameters.
2. Council recommends the development of a detailed vision or master plan which
illustrates:
a. Potential future roadway, alleyway, and trail network (including all neighborhood
streets), with consideration of walking, biking, transit, as well as automobiles;
b. Future drainage and storm water planning concepts illustrating an overall system
for water treatment and retention which fully integrates and accommodates future
development. Larger ponds are typically more efficient that a series of small
ponds and provide greater opportunity for site design and environmental benefits;
c. Details of neighborhood design concepts showing how the desired range of
housing types can be provided in a cohesive neighborhood structure;
d. Detailed concepts for the "Town Center" and how that component of the
community is connected to the adjacent areas. Consideration should be given to
engaging the "Town Center" with 82°d Avenue so that it is not "hidden" which
could limit future success as has happened in other communities;
e. A network of public parks, open spaces, and civic and institutional areas including
schools.
3. City staff should consider companion Land Development Regulations specific to the
annexation area that ensure the stated goals of mixed -use, a dense network of streets, a
variety of housing types, and a "Town Center" are accomplished.
4. When a future development plan is considered, the City should coordinate with the Indian
River County School District regarding impacts to public school capacity, potential future
school sites, the co -location of schools with proposed parks, etc. in order to ensure that
the new residents will have the opportunity to readily bike or walk to school. This project
represents a unique opportunity to get the school -community -parks -transportation
relationship right for the benefit of the entire community.
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5. It appears that Policy 2-1.5.7 of the Transportation and Mobility Element requires a
review of mobility network impacts in association with annexations and land use
changes. We encourage the City to conduct this review, and to include the County, the
Florida Department of Transportation, the Indian River County MPO, and the transit
provider in the review due to potentially very significant impacts. In addition, the City
should ensure that right-of-way dedications for County and State roadways include
adequate space to achieve the City's laudable mobility goals.
6. It appears that Policy 8-1.3.1 of the School Facilities Element requires a conditional
School Capacity Availability Letter of Determination at the land use amendment stage.
As stated above, this can be a good opportunity to ensure schools are woven into the
fabric of the community and constructed concurrent with development.
Some of the above recommendations speak to later stages in the development review process.
Due to changes in how growth is administered in Florida, the review of proposed land use
changes is essentially Council's only official opportunity to share constructive input and
concerns regarding new development. Council does, however, stand ready to assist the City with
achieving their vision for this site in any way desired and would welcome the opportunity to do
SO.
Council Action — November 18, 2022
The next scheduled Council meeting is December 16, 2022. In order to avoid unnecessary delay
and meet the 30-day agency review deadline, Council's Executive Director, Thomas J. Lanahan,
approves this report and authorizes its transmittal to the City of Sebastian and the Florida
Department of Economic Opportunity.
Attachments
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Exhibit
List of Exhibits
General Location Map
Proposed Future Land Use Map
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Lisa Frazier
From: Steve Fitzgibbons <SFitzgibbons@sjrwmd.com>
Sent: Tuesday, November 15, 2022 4:10 PM
To: Lisa Frazier
Cc: DCPexternalagencycomments@deo.myfiorida.com
Subject: City of Sebastian proposed comprehensive plan amendment 22-01ESR
Attachments: City of Sebastian: Water Supply Facilities Work Plan - 2022 CSEC RWSP
CAUTION: This email originated from OUTSIDE our email system. PLEASE exercise caution when opening ANY
attachments or clicking on links. ESPECIALLY from unknown senders.
Dear Ms. Frazier,
St. Johns River Water Management District (District) staff have reviewed City of Sebastian proposed
comprehensive plan amendment 22-01 ESR in accordance with the provisions of Chapter 163, Florida Statutes
(F.S.). Based on review of the submitted materials, District staff provide the following technical assistance
regarding regional water supply.
I . The amendment does not include an analysis demonstrating that adequate water supply or related facilities
are available or planned to serve the proposed development. Prior to adoption, the City should provide an
analysis demonstrating that the City's water supplier has adequate water supply and related facilities
available or planned to accommodate the proposed increase in water demand.
2. As a reminder, the District approved the Central Springs/East Coast Regional Water Supply Plan (CSEC
RWSP) in February 2022. The District previously contacted the City (attached) regarding the requirement to
adopt a Water Supply Facilities Work Plan (WSFWP) within 18 months (i.e., August 2023) of approval of
the CSEC RWSP, in accordance with section 163.3177(6)(c)3, F.S. The District is also providing this email
as an additional reminder about the requirement to adopt an updated WSFWP and related comprehensive
plan amendment by August 2023. Further information on the CSEC RWSP is available at
sirwmd.com/water-sut)t)lv/t)lanninf!.
If you have any questions or need additional information, please contact me.
Sincerely,
Steve Fitzgibbons
Steven Fitzgibbons, AICP
Intergovernmental Planner
St. Johns River Water Management District
7775 Baymeadows Way, Suite 102
Jacksonville, FL 32256
Office (386) 312-2369
Website: www.slrwmd.com
Connect with us: Newsletter, Facebook, Twitter, Instaeram, YouTube, Pinterest
* www.sjrwmd.com/ePermi#
262 of 457
We value your opinion. Please take a few minutes to share your comments on the service you received from the
District by clicking this link
Notices
• Emails to and from the St. Johns River Water Management District are archived and, unless exempt or
confidential by law, are subject to being made available to the public upon request. Users should not have an
expectation of confidentiality or privacy.
• Individuals lobbying the District must be registered as lobbyists (§ 112.3261, Florida Statutes). Details,
applicability and the registration form are available at http://www.sirwmd.com/lgbbArist/
263 of 457
Lisa Frazier
From: Steve Fitzgibbons <SFitzgibbons@sjrwmd.com>
Sent Wednesday, April 20, 2022 3:18 PM
To: Lisa Frazier; Paul Carlisle
Subject: City of Sebastian: Water Supply Facilities Work Plan - 2022 CSEC RWSP
Good afternoon,
In February 2022, the St.Johns River Water Management District (SJRWMD) governing board approved the Central
Springs/East Coast Regional Water Supply Plan (CSEC RWSP). SJRWMD is providing this email as a reminder about the
Chapter 163, Florida Statutes (F.S.), requirement for local governments to adopt a Water Supply Facilities Work Plan and
related comprehensive plan amendment within 18 months of governing board approval of the CSEC RWSP.
SJRWMD's CSEC RWSP planning area includes all or part of Volusia, Lake, Marion, Brevard, Indian River, and Okeechobee
counties. To promote consistency among local government comprehensive plans and the CSEC RWSP, Section
163.3177(6)(c)3, F.S., requires each local government within the CSEC RWSP planning area to amend its comprehensive
plan to adopt a Water Supply Facilities Work Plan within 18 months of governing board approval of the 2022 CSEC
RWSP. For local governments within the CSEC RWSP planning area, adopted Water Supply Facilities Work Plans and
related comprehensive plan amendments should be adopted by August 2023.
The CSEC RWSP contains an assessment of projected water demands and potential sources of water to meet these
demands through 2040. In addition, the CSEC RWSP identifies project options and other solutions to meet the current
and future water use needs of the region while ensuring the natural resources of the area are protected. resources. An
overview of the CSEC RWSP can be found at sirwmd.com/water-supply/`planninj/.secures/#overview. Information on the
CSEC RWSP planning area can be found at sirwmd.com/water-supply/planninR/scissorsLkarea. The CSEC RWSP and
associated appendices can be found at sirwmd.com/water-supply/planning/csec-rwsL)/#documents.
An adopted Water Supply Facilities Work Plan must cover at least a 10-year pianning period, identify traditional and
alternative water supply projects, and identify the conservation and reuse measures needed to meet projected future
demands. Information about Water Supply Facilities Work Plan -related requirements can be found at
sirwmd.com/local,overnments/comprehensive-t)lanning/ and on DEO's website at floridaiobs.orrJcommunitv-planninp-
and-deve lopment/programs/commu n itv-ula nning-table-of-contents/water-supply-plannine.
SJRWMD staff are available to assist local government planning staff as they amend the comprehensive plan to adopt
their Water Supply Facilities Work Plan. If you have any questions or would like to discuss the comprehensive planning
requirements, please let me know.
Sincerely,
Steve Fitzgibbons
Steven Fitzgibbons, AICP
Intergovernmental Planner
Division of Strategic Planning and Initiatives
St. Johns River Water Management District
7775 Baymeadows Way, Suite 102
Jacksonville, FL 32256
Office (386) 312-2369
Website: www.sirwmd.com
Connect with us: Newsletter, Facebook, Twitter, InstaRram, YouTube, Pinte rest
264 of 457
(* www.sjrwmd.com/ePermit
265 of 457
FLORIDA DEPARTMENT OF°°Gowrnor
Environmental Protection Jeanette Nunez
Lt. Govemor
Marjory Stoneman Douglas Building Shane Hamlin n
3900 Commonwealth Boulevard Secretary
Tallahassee, Fl.32399
November 18, 2022
Lisa Frazier, AICP, Community Development Director
City of Sebastian Community Development Department
1225 Main Street
Sebastian, Florida 32958
Re. Sebastian 22-OIESR Proposed Comprehensive Plan Amendment
Expedited Review
Dear Lisa Frazier,
The Office of Intergovernmental Programs of the Florida Department of Environmental
Protection (Department) has reviewed the above -referenced amendment, received on October
19, 2022, in accordance with the provisions of Chapter 163, Florida Statutes (F.S.). The
Department's review of the proposed amendment focused on important state resources and
facilities that would be adversely impacted if the amendment is adopted, specifically: air and
water pollution; wetlands and other surface waters of the state; federal and state-owned lands
and interest in lands, including state parks, greenways and trails and conservation easements;
solid, waste; water and wastewater treatment; and the Everglades ecosystem restoration.
PROPOSED AMENDMENT
The proposed amendment to the City's Comprehensive Plan seeks to change the Future Land
Use designation of a 1,913.59-acre site, located south of County Road 510, west of land
adjacent to 74th Avenue, north of 691s Street, and east of 900' Avenue, from Indian River
County Agricultural (AG-1) to City of Sebastian Mixed Use, and establish a site -specific
policy for the future development. If adopted, the amendment would allow the development
of a mixture of residential, commercial, recreational, limited industrial, and institutional uses
on the subject property, and would result in a density increase from a maximum of one (1)
dwelling unit per five (5) acres to a maximum of ten (10) dwelling units per acre.
IMPORTANT STATE RESOURCES
The Indian River Lagoon is a nationally renowned estuary that supports both remarkable
biological diversity and recreational resources. The Central Indian River Lagoon (CM)
Basin Management Action Plan (BMAP) outlined by 403.067, (7), F.S., and adopted by
secretarial order, identifies and frames actions to address and restore impaired state waters.
The Clean Waterways Act (Chapter 2020-150, Laws of Florida) further refines actions taken
by the BMAPs.
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DEPARTMENT COMMENTS
The location of this amendment site is within; the CIRL BMAP, Activities associated with
these land use changes have the potential to impact water quality. Appropriate measures
should be taken to minimize any potential additional nutrient loadings to the CIRL. These
measures include the proper treatment and disposal of wastewater in accordance with BMAP
requirements, implementation of current and future on -site treatment and disposal system
(OSTDS) prohibitions, stormwater controls, and the implementation of adequate sediment
and erosion control practices to mitigate any groundwater or surface water impacts. As
proposed, the project prohibits OSTDS with mandatory sewer connections. Such a
wastewater treatment plan will need implementation and may affect future loading in the
BMAP. Any additional nitrogen and phosphorus loading to the basin will be evaluated and
may require additional restoration actions by the City. The Department would also encourage
the City to continue coordination with the County on the wastewater feasibility plans as
outlined in the Clean Waterways Act (403.067(7)(a)9, F.S.).
CONCLUSION
The Department is providing technical assistance continents consistent with Section
163.3168(3), F.S. The comments will not form the basis of a challenge. They are offered as
suggestions which can strengthen the City's comprehensive plan and provide assurance that
any construction of the development will adequately protect important state resources. If you
should require assistance or additional information, please contact Lindsay Weaver at (850)
717-9037 or I_ind�a� Wea\-ei o Floi-161)1=I' ,o\
Sincerely,
e
Lindsay Weaver, Environmental Specialist Il
Office of Intergovernmental Programs
cc: Florida Department of Economic Opportunity
267 of 457
Lisa Frazier
From: Runion, Morgan <Morgan.Runion@fidoe.org>
Sant: Tuesday, November 15, 2022 10:54 AM
To: Lisa Frazier
Cc: DCPextemalagencycomments@deo.myfiorida.com
Subject: Sebastian 22-01 ESR
CAUTION: This email originated from OUTSIDE our email system. PLEASE exercise caution when opening ANY
attachments or clicking on links. ESPECIALLY from unknown senders.
Dear Ms. Frazier,
The Office of Educational Facilities within the Florida Department of Education has reviewed the Sebastian 22-01ESR
proposed comprehensive plan amendment in accordance with sections 163.3180 and 163.3184, Florida Statutes. Based
on review of the submitted materials, staff have no comments on the proposed amendment. If you have any questions
or need additional information, please contact me.
Sincerely,
Morgan Runion, AICP
Office of Educational Facilities
Florida Department of Education
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spam.
268 of 457
Lisa Frazier
From: Mark Mathes <citymanager@cityoffellsmere.org>
Sent: Tuesday, October 25, 2022 4:26 PM
To: Lisa Frazier
Cc Paul Carlisle
Subject: RE: City of Sebastian Proposed Comp Plan Amendment Graves Brothers Property Oct
2022
Hi Lisa,
Thanks for sending over. 1 did not see any companion amendments to the Transportation Element or Water/ Sewer/
Schools, etc. I would think that with such a larger scale amendment (2,000 or so acres at 12 units per acre) that such
companion changes would be proposed. I also did not see a traffic analysis.
The City of Fellsmere is not intending on submitting formal comments, but I wanted to share my concerns in hopes that
you can create the strongest amendment to withstand whatever challenges that may come.
Our main concern is the volume of traffic that may be added to the network, particularly the network components that
Felismere's large scale developments will have to install, and whether the new traffic from this Sebastian project will
cause these facilities to fail and thus stop growth in Fellsmere when the Sebastian developer contributed nothing to
these regional facilities.
Anyway, if I missed something in my review, please point me in the right direction.
Thanks —and good luck.
Mark D. Mathes
City Manager
City of Fellsmere
22 S. Orange Street
Fellsmere, FL 32948
Office 772-646-6303
Cell 772-834-3422
Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response
to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
From: Lisa Frazier<LFrazier@CityofSebastian.org>
Sent: Wednesday, October 19, 2022 2:11 PM
To: 'pobryan@ircgov.com'<pobrvan irc ov.com>; Phil Matson c matson irc ov.com>;'sfitzgibbons@sjrwmd.com'
<sfitzg,ibbonsCdd)sirwmd.com>; 'Stephanie Heidt' <sheidt@tcrpc.org>; 'john.krane@dot.state.fl.us'
<iohn.krane@dot.state.fl.us>; 'plan.review@dep.state.fl.us' <plan.review@dep.state. fl.us>;
'Compliancepermits@dos.myflorida.com'<CompliancePerm its@dos.myflorida.com>;'CompPlans@fidoe.org'
<CornyPlans@fldoe.orK>;'Jeffries, Jason' <JJeffries@covb.org>; Mark Mathes <city-manager@cityoffellsmere.org>
Cc:pcarlisle@cityofsebastian.org; Michelle Faulkner<MFaulkner@CityofSebastian.or�>;'Eubanks, Ray'
<Ray.Eubanks@deo.myflorida.com>; Jeanette Williams <iilliams@cityofsebastian.org>; Manon@citvofsebastian.org;
'j bass @gravesbrothe rscom pa ny.com' < iba ss Ca) graves bro thersco mpa ny.co m >
Subject: City of Sebastian Proposed Comp Plan Amendment Graves Brothers Property Oct 2022
269 of 457
This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
All
Attached please find the City of Sebastian's proposed comprehensive plan amendment packet regarding the Graves
Brothers Annexation for your review. Please submit comments directly to the local government and the State Land
Planning Agency within 30 days after receipt of amendment package (see 163.3184(3)(b)2, Florida Statutes).
Thank you for your time and consideration.
Sincerely,
Lisa Leger Frazier, AICP
Community Development Director
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Direct: 772-388-8228
Florida has a very broad Public Records Law (Florida Statute Title X, Chapter 119: Public Records). Most
written communications to or from State and Local Officials and agencies regarding State or Local business are
public records available to the public and media upon request. Your email communications, including your
email address, may therefore be subject to public disclosure. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by
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seam.
270 of 457
Lisa Frazier
From:
Chris Balter <cbalter@ircgov.com>
Sent:
Tuesday, October 25, 2022 12:40 PM
To:
Paul Carlisle; Lisa Frazier
Cc:
'DCPexternalagencycomments@deo,myfiorida.com'; Phil Matson; Jason Brown; John
Stoll; Andrew Sobczak
Subject:
Comments for Sebastian 22-01 ESR
Attachments:
Annexation Agreement Comments.pdf
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attachments or clicking on links. ESPECIALLY from unknown senders.
Good Afternoon Paul and Lisa,
Please see the attached comments that were previously supplied on August 31n.
Christopher Baiter
Christopher Baiter
Senior Long -Range Planner
Indian River County
180127th Street
Vero Beach, FL 32960-3365
772-226-1243
to see a world m a grain of sand
And a heaven in a wild flower,
Hold Infinity In the palm of your hand,
And eternity In an hour.
-William Blake
271 of 457
August 31, 2022
Mr. Paul Carlisle
City Manager, City of Sebastian
1225 Main St.
Sebastian, FL 32958
Dear Mr. Carlisle,
County staff appreciates the opportunity to provide our comments and suggestions for items to
be incorporated into the annexation agreement between the City of Sebastian and the Graves
Brothers. The annexation of a large parcel (1,984 acres) such as this presents a great opportunity
to have a positive impactful development for the City and the County alike. We present these
items in the spirit of collaboration and hope that we could discuss the rationale behind them with
City staff as well as any mutually agreeable alternatives should the City not be supportive of
including them.
We would like to reiterate that the County fully respects the City's home rule authority and right to
make planning decisions regarding the future of the City. The suggestions below fall into two
broad categories. The first category consists of comments that would enable the County to plan
for the provision of various services within the annexed area going forward (e.g. water &
wastewater service, some transportation improvements, fire rescue). The second category is
purely "advisory" in that the County would like to see them to hopefully ensure a model
development of the area for the future. These would be similar to what was asked of City residents
at the annexation workshops held in June.
Sutmested Annexation Agreement Items to Enable County Infrastructure Planninct and
Service Provision
The overall density on the site will not exceed 3.0 residential units per acre. This would
limit the site to no more than 5,952 residential units, which at an average of 2.5 persons
per household would result in about 14,900 additional residents at buildout. Densities
would vary across the project with higher densities in some areas balanced out by open
space, commercial areas, and lower density residential areas. This limit would ensure
that the overall density is somewhat consistent with existing densities in the City to help
maintain the character of the area.
• Total commercial and industrial development limited to no more than 100 acres.
OFFICE OF THE COUNTY ADMINISTRATOR
INDIAN RIVER COUNTY
1801 2711, Street, Vero Beach, Fl. 32960-3388
PHONE: 772-226-1408
272 of 457
Note., The density limits above will limit estimated water consumplion to less than 2 million
gallons per day (MGD). If the project were to develop at 10 units per acre (which we don't
believe is the Intent), this would result In approximately 5 million gallons per day of water
consumption (not accounting for commercial development). For comparison purposes, the
total consumptive use permit for the County Utility is Umited to 12.8 MGD.
Development within the area will need to provide for connection to pressurized County
reuse, including all residential areas, for Irrigation purposes. This will help the County in
managing and preserving the limited water resources available.
The owner shall provide a 75-acre parcel In an area mutually agreeable to the County and
the owner for the siting of a water and/or wastewater treatment facility. Strategically
located, this may also Include reuse water pumping and/or storage fatuities.
• The owner shall cooperate with the County to transfer ownership and/or capacity from any
permitted wells on the property to the County Utility for water supply purposes.
a The owner shall provide land for a fire rescue station(s) based upon the overall density
level. The current level of service per the most recent Impact fee study Is 1 fire rescue
station per 10,548 residents. Based upon a 3.0 residential unit per acre density, this would
require provision of 1 fire rescue station site In a mutually agreeable location. This could
perhaps he collocated with the water/wastewater site.
The items listed above will help the County plan for infrastructure needs and enable the County
to provide reasonable assurance to be able to serve the area as It develops. Additional site -
specific requirements would be determined through the development (e.g. site plan) process as
well.
§Moested "Advisory" Annecation Aciminent heirs
Below are the suggested "advisory" annexation agreement items with suggested draft language.
• The site shall be developed through the Planned Unit Development (PUD) process, and
a comprehensive conceptual master plan, for the entire project area, will be approved by
the City Council prior to any development of the project area.
• Mbdng of Uses: Guidelines from County New Town Policies
o Commercial, and office areas shall be provided at a ratio of three (3) to ten (10)
acres per 1,000 residential units.
o Residential use areas shall constitute at least fifteen (15) percent but not more
than thirty-five (35) percent of the entire area.
o Employment areas, Including Industrial, business, and office uses, shall comprise
at least two (2) percent of the entire area.
• At least ten (10) percent of the total housing units shall be affordable and/or workforce
housing units (Family Income between 30 and 100 percent AMI to ensure that there Is
housing available within the project area for workers employed within the project area.
• Open Space: At least fifty (60) percent of the entire area shall be preserved or provided
as open space. Open space areas shall be retained as natural areas or used for
273 of 457
3
agriculture, recreation, stormwater management, or similar uses that complement the rural
nature of the area.
o At least seventy (70) percent of the minimum required common open space area
shall be located along main project boundaries and shall function as perimeter
greenbelts. These required greenbelts shall include and be contiguous with the
South Prong Slough Conservation Area.
o Such common open space shall not Include conventional, Individual private yard
areas. Common open space areas may Include agricultural areas, parks, and
recreation areas. conservation and natural areas, and water bodies (not to exceed
thirty percent of the open space requirement).
• Environmental: All onsite stormwater facilities shall utipae Florida D IIO: ,: : nt of
Environmental Protection Best Management Practices (SMPs) for stormwater pollution
prevention In order to minimize Impacts to the Sebastian River and Indian River Lagoon.
• The proposed development will provide the City and County with documents
demonstrating compliance with Section 10.2.7 of the St. John's River Water Management
District Applicant's Handbook regarding the potential for secondary Impacts to wetlands.
Additionally, should a Section 404 permit be required for development In federally
Jurisdictional wetlands, a copy of documents demonstrating compliance with federal
guidance regarding the assessment of indirect effects and Impacts in wetlands will be
provided to the City and County.
The transition of land use In uplands abutting headwater wetlands can alter groundwater
recharge and surface water runoff m9imes. As part of the environmental permitting
process for the project, the developer will provide assurances to the City and County,
through predictive watershed modeling, that hydrologic Impacts will not occur to the
County's South Prong Slough Conservatlon Area. This modeling stall provide data to
establish the extent of required upland buffers, and other site design considerations that
are required to maintain the hydrologic Integrity of the South Prong Slough Conservation
Area wetlands, and downstream areas.
• TrensecVFonn: The development shall, at a minimum, have a perimeter edge and a
center. Along the perimeter edge a green belt as described above shall be established.
The greenbelt shall consist of natural areas, agricultural areas, andfor 'no-bultd° areas
designated on large acreage panels. A prefect center shall to established for the
concentration of residential and commwclal uses.
• Roadway Grid: The development area will Include connections to CR 610, 82"d Avenue,
and OP Street as allowed In accordance with Chapter 14-97 of the Florida Administrative
Code. Connections will also include extending the existing Sebastian roadway network
south, Including the extenslon of Laconia Street to CR. 510. Additionally. the project design
shall reflect the fallowing:
o A network of ungated and open to the public Interconnected streets In a grid or
modified grid pattern.
o An Interconnected pedestrian sidewalk/path system that serves and Integrates
reeldential and non-residential uses.
274 of 457
o Appropriately sized blocks and pedestrian improvements that provide a layout that
maximizes residential development in clusters around town centers. Town center
shall include but not be limited to public squares or parks, as well as commercial
and residential uses. Blocks may be defined by streets or major pedestrian paths.
c Wide sidewalks, street trees, seven -foot bike lanes, and on -street parking shall be
provided within the project center, and on all proposed access roads to and from
the center in order to promote alternative travel.
Timing of Land Uses: A sufficient amount of job -producing and non-residential uses shall
be developed in initial project phases to prevent creation of a de -facto residential only or
bedroom community and to ensure development of a job -producing "anchor tenant." No
more than twenty-five (25) percent of the proposed residential use development will be
permitted until at least twenty-five (25) percent of the proposed commercial, office, and
light industrial uses occur.
• Low Impact Development (LID) techniques should be incorporated, such as vegetated
filter strips at the edges of paved surfaces, rain barrels and cisterns, bioswales, residential
or commercial rain gardens designed to capture and soak in stormwater, porous pavers,
porous concrete, and porous asphalt, as well as green roofs.
Again, County staff appreciates the opportunity to provide input into this important process. We
would like to discuss these suggestions with City staff at the appropriate time in an effort not to
delay the process. We offer a spirit of collaboration to discuss alternatives to any suggestions
that the City does not support in the hopes of reaching an annexation agreement that will help to
provide a good result for the residents of the City and the County.
Si ?sE.
y,
Ja: rown
County Administrator
Cc (via email):
City of Sebastian Council Members
Indian River County Commissioners
Phil Matson, IRC Community Development Director
Sean Lieske, IRC Utilities Director
Rich Szpyrka, IRC Public Works Director
Dylan Reingold, IRC County Attonrey
275 of 457
EXHIBIT la
DESCRIPTION OF GRAVES BROTHERS COMPANY PROPOSED LAND
ANNEXATION
SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST AND PART OF SECTION 36. TOWNSHIP 31 SOUTH, RANGE 38 EAST
INDIAN RIVER COUNTY, FLORIDA
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