FRANK FENDER Mayor TOWN OF SEWALL’S POINT MICHELL LEE BERGER

Town Manager VINNY BARILE Vice Mayor CHERIE WHITE, MMC

Town Clerk JAMES W. CAMPO, CFP Commissioner TINA CIECHANOWSKI

Chief of Police

DAVID KURZMAN Commissioner

JACK REISINGER Building Official

Public Works Director KAIJA MAYFIELD Commissioner CHERYL DEMPSEY

Finance Director

CIVILITY CLAUSE: It is the policy of the Sewall's Point Town Commission that all persons addressing a town board or attending a Town board meeting shall conduct themselves in a manner that does not disrupt the orderly and efficient conduct of the meeting. Boisterous or unruly behavior; threatening or inciting an immediate breach of the peace; or use of profane, slanderous or obscene speech will not be tolerated and could result in ejection from the meeting after warning from the presiding officer.In accordance with the provisions of the Americans with Disabilities Act (ADA) this document may be requested in an alternate format. persons in need of a special accommodation to participate in this proceeding shall, within 3 working days prior to any proceeding, contact the Town Clerk’s office, One South Sewall’s Point Road, Sewall’s Point, Florida 34996 (772)287-2455. If any person decides to appeal any decision made by the Town Commission with regard to any matter considered at such meeting or hearing, s/he 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 based.

Special Commission Meeting May 12, 2020

5:30 p.m.

I. CALL TO ORDER

a. Teleconference Meeting Noticeb. Pledge to the Flagc. Roll Calld. Additions, Deletions or Changes to the Agenda

II. PUBLIC COMMENT ON NON-AGENDA ITEMS- PLEASE SUBMIT A COMMENT CARD TO THETOWN CLERK AND LIMIT YOUR COMMENTS TO THREE MINUTES.

III. CONSENT AGENDAa. Commission Meeting Minutes of 02/26/19 Scriveners Errorb. Financial Update

IV. PUBLIC HEARING ORDINANCEa. 1st Reading of Ordinance 423, Modification of Truck Ordinance

V. DISCUSSION a. Kavoland d/b/a Fit4 Mom Contract Proposal, Michelle Berger Town Managerb. Homewood Project Update, Joe Capra, Town Engineerc. Harbour Bay Plaza & the Sign Ordinance, Michelle Berger, Town Managerd. Town Park Playground Readiness, Michelle Berger Town Manager

VI. CLOSING COMMENTS ON AGENDA AND NON-AGENDA ITEMS PLEASE LIMIT YOURCOMMENTS TO THREE MINUTES.

a. PUBLICb. STAFF: Memo on the Town Comprehensive Planc. COMMISSIONERS

05/12/2020 SCM 1 of 58

Notice of Teleconferencing for May 12, 2020 5:30 PM

Sewall’s Point Special Commission Meeting

Based upon guidance issued by the President and by the Centers for Disease Control and Prevention and Executive Orders issued by the Governor of the State of Florida, the Town Commission of the Town of Sewall’s Point will be conducting its meetings using communication media technology (teleconference). Based on these restrictions, no public shall be admitted into the Commission chambers for the meeting and must submit their public comment as described below.

DATE AND TIME: Tuesday May 12, 2020 * 5:30 PM

PLACE: Due to COVID-19 social distancing requirements, the Town of Sewall’s Point will provide for public comment through Zoom, a communication media technology (teleconference), and through alternative procedures described below. Interested persons may attend and participate by using the following information:

• Please join the meeting from your computer, tablet or smartphone or landline.• Join Meeting: https://zoom.us/j/9103993084• Phone Dial-In: (646)558-8656• Meeting ID: 910-399-3084• One-tap mobile dialing: +16465588656,,9103993084#

• GENERAL SUBJECT MATTER TO BE CONSIDERED: The Town of Sewall’s Point willmeet for the purpose of discussing items as described on the agenda that will be posted on theweb site at https://sewallspoint.org and publicly displayed on the Town Hall CommissionChambers glass doors prior to the meeting.

PUBLIC COMMENTS: Persons that are not able to attend the meeting by teleconference may submit public comments to the Town Clerk through email cwhite@sewallspoint.org by Tuesday May 12, 2020 12:00 PM or by phone at 772-287-2455 x 14. The email and message must contain the agenda item number and exactly what will be read out loud at the meeting (3 minute limit). The Town Clerk will read the public comment into the record when the item is taken up. Persons who plan to attend by teleconference can access the meeting by computer with speaker capabilities or through a smart phone application (app) or landline. When public comment is called by the Mayor during the teleconference meeting, the Town Clerk will un-mute each person, in the order received that have raised their electronic hand and ask them to speak at that time. .

ADDITIONAL INFORMATION: The recording of the meeting along with the teleconference will be made available to the public the following business day.

Persons interested in attending by teleconference are strongly encouraged to join up to 15 minutes prior to the commencement of the meeting. If you are having trouble and need assistance prior to the meeting please call: 772-287-2455 x 14.

Please be aware that Communications Media Technologies as a tool for meeting communication is permitted through Executive Order Number 20-69 issued by Governor DeSantis. To view the executive order or obtain more information, please call Town Hall at 772-287-2455 or CLICK HERE.

05/12/2020 SCM 2 of 58

TOWN OF SEWALL’S POINT

TO: Town Commission

FROM: Cherie White, Town Clerk via Michelle Berger, Town Manager

SUBJECT: Meeting Minutes Scrivener’s Error

FOR: Special Commission Meeting of May 12, 2020 Agenda item III a.

Background: The Town Clerk found a scrivener’s error in the Town Commission Meeting Minutes of February 26, 2019, item 9. The scrivener’s error identified is; “RFP 2019-001” and should have been “RFP 19-001”.

Recommendation: Approve Corrected Minutes

05/12/2020 SCM 3 of 58

CORRECTED 05/12/2020 TOWN OF SEWALL’S POINT

TOWN COMMISSION MINUTES OF COMMISSION MEETING FEBRUARY 26, 2019

[Verbatim details available at www.sewallspoint.org by clicking the “audio” link for the meeting]

CALL TO ORDER Pledge to the Flag

7:00 PM Roll Call. Present: Vice Mayor Frank Fender, Mayor Vinny Barile, Commissioner James W. Campo, Commissioner Dave Kurzman, Town Manager Pamela M. Walker (Not voting), Town Attorney Glen Torcivia (Not voting). Roll Call

7:00 PM Additions, Deletions or Changes to the Agenda

Commissioner Campo requested the following changes to the agenda: Add Commissioner Comments before or after Public Comments and move agenda item number 5 before or after item 9 on the agenda.

7:00 PM Motion: , Action: Approve, Moved by Commissioner James W. Campo, Seconded by Commissioner Dave Kurzman. Motion passed unanimously.

7:01 PM CONSENT AGENDA

1. Financial Reports2. Meeting Minutes3. Building Activity Report4. Police Activity Report

7:01 PM Motion: , Action: Approve Consent Calendar , Moved by Vice Mayor Frank Fender, Seconded by Commissioner James W. Campo. Motion passed unanimously.

7:02 PM PROCLAMATIONS AND CEREMONIAL MATTERS Life Saving Award Officer George Betscha and Officer Rob Quaglia

Chief Ciechanowski presented two lifesaving awards to Officer George Betscha and Officer Rob Quaglia for their efforts to save the life of a visiting friend of a Sewall’s Point Resident. The resident came forward to thank the officers for their lifesaving efforts.

Educational Achievement Award for Juan Garcia ;

Chief Ciechanowski recognized Officer Juan Garcia for his recent achievement of earning his Associate of Arts Degree in December 2018. He was also thanked for his recent participation in the Walk a Mile in her shoes event.

7:10 PM COMMISSIONER COMMENTS

Vice Mayor Fender announced the upcoming Marathon of the Treasure Coast Event.

05/12/2020 SCM 4 of 58

Commissioner Campo wanted to have an update as it relates to the upcoming election. He also asked that a candidate forum be conducted.

Commissioner Campo made the following motion:

7:14 PM Motion: To have the three Commissioner candidates schedule something with the Town Manager and have the Town Hall available for a candidate forum. , Action: Approve, Moved by Commissioner James W. Campo, Seconded by Vice Mayor Frank Fender. 2 nay 2 yes Motion dies

After the Commission discussion Commissioner Campo made the following motion:

7:22 PM Motion: The Town Commission be allowed to use the space if the candidates can coordinate a candidate event. , Action: Approve, Moved by Commissioner James W. Campo, Seconded by Vice Mayor Frank Fender. 2 nay 2 yes Motion dies

7:23 PM PUBLIC COMMENT ON NON-AGENDA ITEMS

DISCUSSION

Item 9 was heard at this time 7:24 PM

9. Award RFP 2019-01 RFP 19-001 Grant Management and Related Services to CapeCanaveral Scientific and Authorize the Agreement

Manager Walker gave a brief overview regarding agenda item 9 .

7:26 PM Motion: Approve, Action: Approve, Moved by Commissioner James W. Campo, Seconded by Vice Mayor Frank Fender. Motion passed unanimously.

Item 5 was heard at the end of the meeting

5. March Meeting Schedule Mayor Barile

7:27 PM 6. Resolution Urging the Florida Land and Water Adjudicatory Commission to Reject the

Petition of Hobe Sound Ranch LTD. to Establish the Harmony Ranch Community Development District

Mayor Barile 7:28 PM Motion: Res 870, Action: Approve, Moved by Vice Mayor Frank Fender, Seconded by Commissioner Dave Kurzman. Motion passed unanimously.

05/12/2020 SCM 5 of 58

7:29 PM 7. Sewer Grant Agreement LP43030

Commission

7:30 PM Motion: , Action: Approve, Sewer Grant Agreement LP 43030 Moved by Commissioner James W. Campo, Seconded by Vice Mayor Frank Fender.

The following members of the public came forward and offered public comment Kathy Miscoski Anna Bergalis Stephen Sedora Ike Crumpler

Motion: Amendment to the original motion to only go to the residents. , Action: Adjourn, Moved by Commissioner Dave Kurzman, None seconded.

3 yes 1 nay Motion passed

8:01 PM 8. Approve the Top Three Firms for RFQ 2019-01 Engineering Services for South Sewall’s Point Road – Phase I

Motion: Agree with the ranking and bring back for approval to award the top firm. , Action: Approve, Moved by Commissioner James W. Campo, Seconded by Vice Mayor Frank Fender. Motion passed unanimously.

COMMISSIONERS OR STAFF COMMENTS

Item 5 was heard at this time

5. March Meeting ScheduleMayor proposed the regular meeting on March 19, 2019

8:03 PM Motion: Moving the March 26, 2019 Regular Commission Meeting to March 19, 2019 at 7:00 pm, Action: Approve, Moved by Commissioner James W. Campo, Seconded by Vice Mayor Frank Fender. Motion passed unanimously.

Vice Mayor Fender asked for an update regarding the herbicide regulations in the Town.

Manager Walker said she is working with the Town Attorney and would bring back a future item.

8:05 PM Adjourn

05/12/2020 SCM 6 of 58

APPROVED:

_____________________________________ Mayor Vinny Barile, Presiding Officer

ATTEST:

___________________________________ Cheryl, White, Town Clerk

Minutes approved at the meeting of: April 23, 2019

05/12/2020 SCM 7 of 58

TOWN OF SEWALL’S POINT

TO: Commissioners

FROM: Michelle Berger, Town Manager

SUBJECT: Mid-year Finance Update Special Meeting May 12, 2020

STRATEGIC PRIORITY – FINANCE & PUBLIC SAFETY ________________________________________________________ Background: In an effort to further the Town’s mission, administer the budget in accordance with the Commission’s priority expectations, and adhere to the business operational needs as determined by factors including State Statutes, I offer you a brief mid-year update.

The outside auditor will complete their review and make a presentation during the May 26th meeting to the Commission, which will offer more insight into the previous budget year. Additionally, it should speak to operational changes made to correct areas of improvement identified on the 2017-2018 budget year.

At this time, we are under budget for human resources and operating expenses based on what was anticipated when the budget was crafted and adopted. Budget amendments and changes that have occurred were done with the best interest of the Town in mind, creating the highest level of service at the best value.

People As for human resources part of the budget for the fiscal year beginning October 2019, I offer you the condensed view of the budget below.

• The 2019 column reflects the year end results for those roles for the budget year 2018-2019• The next column, named 3/31/2020 contains the year to date (YTD) results for those line items and roles • Column 2020 YE reflects this year’s assumptive end results for that line item, should the YTD be pulled out

through the end of the fiscal year 2019-2020• Variance from the Prior Year column is just that – the dollar difference between the two full fiscal years • Explanation in Brief offers some insight on the variance

2019 3/31/2020 2020 YE Variance from Prior Year Explanations in Brief

Police $ 709,822.00 $ 395,893.00 $ 791,786.00 $ 81,964.00 Anticipated: Result of two increases 5% increase from June workshop; plus an additional 10% on 9/19 meeting

Finance* $ 52,600.00 $ 11,897.00 $ 23,794.00 $ (28,806.00) Reduction

Town Manager* $ 137,297.00 $ 64,256.00 $ 128,512.00 $ (8,785.00) Reduction

Town Assistant $ 48,069.00 $ 24,970.00 $ 49,940.00 $ 1,871.00 Overlap in positions

Town Clerk* $ 77,104.00 $ 43,661.00 $ 87,322.00 $ 10,218.00 Reducing hours and pay

Building* $ 59,198.00 $ 27,895.00 $ 84,739.15 $ 25,541.15 Now have full time Building Official/Insp + overlap

Public Works $ 45,580.00 $ 23,916.00 $ 47,832.00 $ 2,252.00 Included in the PD step increase from 9/19 approved by Commission

Insurance $ 157,698.00 $ 96,750.00 $ 193,500.00 $ 35,802.00 Anticipated: Commission approved modification in Town contribution on 9/19 meeting

$ 1,287,368.00 $ 689,238.00 $ 1,407,425.15 $ 120,057.15

*new employees in these positions do not accept the medical insurance benefits package which creates savings05/12/2020 SCM 8 of 58

People (continued)

The largest increases in expenses from 2018/2019 budget (FY 2019) to 2019/2020 budget (FY 2020) relate to the increases for our Police Officers. A 5% increase was approved in June 2019 and, after an expansive review of other local law enforcement agencies’ salaries and benefits, an additional 10% increase was given across the board to our law enforcement department. This has increased HR expenses by an anticipated $81,000. for FY 2020.

The other modification in September 2019 was the update to insurance contributions for employees and their dependents. The overall increase in this expense item is about $32,000.

The hiring of a full time Building Official, with additional responsibilities of Flood Plain Management, Code Enforcement, and Public Works, was offset by half an unused FTE (full time equivalent) from the police department. Additionally, the majority of inspections will not need to regularly be outsourced to Martin County or other private vendors. The additional part time positon of building inspector was also eliminated.

Reduction in costs for Finance are down $28,000 and the Town Manager expense is down $8,700.

All new hires since my employment, including me, are not using the Town’s medical insurance benefits.

Public Safety inclusive of Fire Department

Generally, the public sees law enforcement and fire rescue as public safety. Overall services for those two departments are budgeted as follows:

• PD of Sewall’s Point = $851,000 (HR only – not inclusive of capital expenses)• Fire Rescue Services = $502,200 (contracted with City of Stuart)

Together, that totals $1,353,200 annually. The State of Florida also deems a Building Official position as a public safety position. Most agencies recognize a Code Enforcement Officer as public safety, as well. Considering equipment, capital and the inclusive nature of those additional public safety roles, the Town hovers around $1.5 million in public safety. While everyone recognizes the essentialism involved, it is important to also recognize the balancing act it takes when the ad valorem revenue stream is around $1.9 million.

Administrative and Public Works

Taking all other administrative roles and the one public works position into account the budgeted expenses, including health insurance, is just under $567,950.

Total Human Resources

At the time of authorship of this memo, we are 58% into the fiscal year, with 54% of the total human resource budget expended. Meaning we are under budget for the cost of people, (spending less on human resources) based on what was anticipated when the budget was crafted and adopted.

Operating Expenses

At the time of authorship of this memo, we are 58% into the fiscal year, with 55.6% of the total operating expenses spent. Meaning we are under budget, (spending less on operating) based on what was anticipated when the budget was crafted and adopted.

Recommendation – No Action Requested at this Time – Informational Only 05/12/2020 SCM 9 of 58

TOWN OF SEWALL’S POINT

TO: Michelle Berger, Town Manager

FROM: Cheryl Dempsey, Finance Director

SUBJECT: Town Comprehensive Plan Special Meeting May 12, 2020

STRATEGIC PRIORITY – FINANCE & PUBLIC SAFETY ________________________________________________________ Mid-Year Update

Formal Financial Statements through April 2020 will be provided at the next scheduled meeting; however, I wanted to highlight some recent cash and revenue collections that were not originally anticipated:

• $73,455 from FEMA for Irma damages• $25,218 from FEMA for Dorian damages (submitted in January 2020)• $18,570 from DEP for TMDL Grant #NS029 (while budgeted, the first reimbursement request was

submitted on 4/21/2020)

Below is a condensed table of Human Resource Expenses as of 3/31/2020 (6 months into the Fiscal Year), compared to prior year actuals. The anticipated 2020 Year-End totals are provided as well.

FY 2019 3/31/2020 FYE 2020 Inc/(Dec) PY Police 714,805 395,893 791,786 76,981 (1) Finance* 52,600 11,897 23,794 (28,806) Town Manager* 137,297 64,256 128,512 (8,785) Town Asst 48,069 24,970 49,940 1,871 Town Clerk 77,104 43,661 87,322 10,218 Building* 59,198 27,895 86,699 27,501 Public Works 45,580 23,916 47,832 2,252 Health Ins 138,934 89,627 179,254 40,320 (2) Fire Rescue 371,204 376,650 502,200 130,996 (3) **new positions do not accept medical insurance which creates savings

(1) Result of two increases 5% increase from June workshop; plus an additional 10% on 9/19 meeting (2) Commission approved modification in Town contribution on 9/19 meeting (3) Contract increase (Exhibit B from contract attached)

05/12/2020 SCM 10 of 58

05/12/2020 SCM 11 of 58

TOWN OF SEWALL’S POINT

TO: Town Commission

FROM: Michelle Berger, Town Manager

SUBJECT: Modification to the Truck Ordinance

FOR: Special Commission Meeting of May 12, 2020 Agenda item

Background:

The Commission reviewed Section 42 of our Town Codes, specific to definitions of private passenger vans and pickup trucks. The current definition caps the weight allowed for pickup trucks at 5,000 pounds, as follows:

“Any private passenger van or private passenger pickup truck having a net weight of 5,000 pounds or less as defined in F.S.S. 320.01 and used solely for personal activities:”

The Commission discussion ended with a request for a change in the weight classification to redefine the passenger pickup truck to 9,000 pounds or less.

Attached is the updated version, with the new weight limit, for your adoption.

Recommendation: Approve 1st Reading of Ordinance

05/12/2020 SCM 12 of 58

1

ORDINANCE NO. 423

AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF SEWALL’S POINT, FLORIDA, AMENDING CHAPTER 42 “TRAFFIC AND VEHICLES,” ARTICLE II “STOPPING, STANDING AND PARKING”, SECTION 42-23 “DEFINITIONS” TO AMEND THE DEFINTION OF “PRIVATE PASSENGER PICKUP TRUCK”; AND PROVIDING FOR SEVERABILITY, THE REPEAL OF LAWS IN CONFLICT, CODIFICATION, AND AN EFFECTIVE DATE.

WHEREAS, the Town of Sewall’s Point, Florida (the “Town”) is a duly constituted

municipality having such power and authority conferred upon it by the Florida Constitution and Chapter

166, Florida Statutes; and

WHEREAS, Chapter 42 “Traffic and Vehicles,” Article II “Stopping, Standing and Parking,”

Section 42-23 “Definitions” defines what vehicles are considered “restricted”; and

WHEREAS, the Code currently limits the definition of a private passenger pickup truck to those

trucks having a net weight of 5,000 pounds or less and any pickup truck weighing more than 5,000

pounds is automatically considered a commercial vehicle which falls under the definition of a restricted

vehicle; and

WHEREAS, the Town Commission wishes to increase the weight limit of a private passenger

pickup truck to 9,000 pounds; and

WHEREAS, the Town Commission has reviewed the proposed ordinance and has determined

that it serves a public purpose and is in the best interests of the health, safety and welfare of the Town.

NOW THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE

TOWN OF SEWALL’S POINT, FLORIDA:

Section 1. The whereas clauses are incorporated herein as true and correct and as the legislative

findings of the Town Commission.

Section 2. Chapter 42 “Traffic and Vehicles,” Article II “Stopping, Standing and Parking,”

Section 42-23 “Definitions” is hereby adopted to read as follows:

Sec. 42-23. – Definitions.

For purposes of this section, the following definitions shall apply:

* * *

05/12/2020 SCM 13 of 58

2

Private passenger van or private passenger pickup truck. Any private passenger van, or

private passenger pickup truck having a net weight of 5,0009,000 pounds or less as defined in

F.S. § 320.01, and used solely for personal activities; however, any such vehicle with commercial

lettering or which otherwise displays evidence of a commercial or nonpersonal use, including, but

not limited to, racks; cabinet boxes; tools and/or cargo, visible from the street or abutting

property or which exceeds the height of the bed of a truck or which exceeds beyond or above the

tailgate, for the purpose of this article, shall be determined to be a commercial vehicle regardless

of the vehicle weight.

* * *

Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this

Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such

portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect

the validity of the remaining portions thereof.

Section 4. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict

herewith are hereby repealed to the extent of such conflict.

Section 5. Codification. The sections of the ordinance may be made a part of the Town Code

of Laws and ordinances and may be re-numbered or re-lettered to accomplish such, and the word

“ordinance” may be changed to “section”, “division”, or any other appropriate word.

Section 6. Effective Date. This ordinance shall take effect immediately upon adoption.

_______________________ offered the Ordinance for its first reading and moved its adoption. The motion was seconded by _______________________, and upon being put to a vote, the vote was:

AYE NAY FRANK FENDER, MAYOR ____ ____ VINCENT N. BARILE, VICE MAYOR ____ ____ JAMES W. CAMPO, COMMISSIONER ____ ____ DAVE KURZMAN, COMMISSIONER ____ ____ KAIJA MAYFIELD, COMMISSIONER ____ ____

Passed first reading at the Regular Meeting of the Town Commission held on the 28th day of April, 2020.

05/12/2020 SCM 14 of 58

3

_______________________ offered the Ordinance for its second reading and moved its adoption. The motion was seconded by _______________________, and upon being put to a vote, the vote was:

AYE NAY FRANK FENDER, MAYOR ____ ____ VINCENT N. BARILE, VICE MAYOR ____ ____ JAMES W. CAMPO, COMMISSIONER ____ ____ DAVE KURZMAN, COMMISSIONER ____ ____ KAIJA MAYFIELD, COMMISSIONER ____ ____

Passed second reading at the Regular Meeting of the Town Commission held on the _____ day of ___________________, 2020. The Mayor thereupon declared this Ordinance approved and adopted by the Town Commission on this _____ day of _________________, 2020.

TOWN OF SEWALL’S POINT, FLORIDA

__________________________________ Frank Fender, Mayor

ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY

_________________________________ Cheryl White, MMC, Town Clerk By: __________________________________

Glen J. Torcivia, Town Attorney (Town Seal) Florida Bar No. 343374

05/12/2020 SCM 15 of 58

5

05/12/2020 SCM 16 of 58

6

05/12/2020 SCM 17 of 58

7

05/12/2020 SCM 18 of 58

8

05/12/2020 SCM 19 of 58

9

05/12/2020 SCM 20 of 58

10

05/12/2020 SCM 21 of 58

11

05/12/2020 SCM 22 of 58

12

05/12/2020 SCM 23 of 58

13

05/12/2020 SCM 24 of 58

05/12/2020 SCM 25 of 58

1

Cheryl White

From: Michelle BergerSent: Tuesday, May 05, 2020 2:29 PMTo: Cheryl WhiteSubject: FW: Truck Ordinance

For back up 

From: Frank Fender  Sent: Tuesday, May 5, 2020 1:34 PM To: Michelle Berger <MBerger@sewallspoint.org>; Tina Ciechanowski <TCiechanowski@sewallspoint.org> Subject: Fwd: Truck Ordinance 

FYI

Kind Regards, Frank Fender Mayor Town of Sewall's Point m: +1-772-486-3946

Begin forwarded message:

From: C CHONTOS <one4abeach@bellsouth.net> Date: May 5, 2020 at 1:30:58 PM EDT To: Frank Fender <FFender@sewallspoint.org>, Vincent Barile <VBarile@sewallspoint.org>, Dave Kurzman <DKurzman@sewallspoint.org>, Kaija Mayfield <KMayfield@sewallspoint.org>, James Campo <JCampo@sewallspoint.org> Subject: Truck Ordinance

Dear Commissioners,

I firmly object to the new "Truck Ordinance". If it followed the previously restrictions regarding parking in garages I might be accepting of it. However, this negatively impacts the home values in Sewall's Point. It is interesting that so many times the management compares itself to Jupiter Island and other communities. This would never see the light of day in such places.

Again if these vehicles could be hidden, it might not be so controversial. In addition, what if a family has more than one. Will these be parked out on view for all to see as they go by. What if I had three trucks in the front circle of my home. How would that look. And who says these will be new vehicles.

Please reassess your thinking on this matter.

Sincerely,

Carole Chontos

05/12/2020 SCM 26 of 58

Michelle

Begin forwarded message:

From: Frank Fender <FFender@sewallspoint.org> Date: May 5, 2020 at 8:01:02 PM EDT To: Michelle Berger <MBerger@sewallspoint.org>, Tina Ciechanowski <TCiechanowski@sewallspoint.org> Subject: Fwd: Pick up trucks

FYI

Kind Regards, Frank Fender Mayor Town of Sewall's Point m: +1-772-486-3946

Begin forwarded message:

From: Danielle Heitman <dkaitaylor@yahoo.com> Date: May 5, 2020 at 7:59:20 PM EDT To: Frank Fender <FFender@sewallspoint.org>, James Campo <JCampo@sewallspoint.org>, Dave Kurzman <DKurzman@sewallspoint.org>, Kaija Mayfield <KMayfield@sewallspoint.org>, Vincent Barile <VBarile@sewallspoint.org>, Michelle Berger <MBerger@sewallspoint.org> Cc: "mantheil@gmail.com" <mantheil@gmail.com> Subject: Pick up trucks

We live at 8 Copaire rd and would like to have the ban on truck limits lifted. We used to win a truck but had to get rid of it because of this rule. Now we have an even bigger truck but it’s not a pick up. We agree with being able to park pick trucks in our own personal driveways.

Thank you, Danielle and Adam Fatigate

Thank you, Danielle Fatigate Wonderland 2126 Okeechobee Blvd West Palm Beach, Fl 33409 Wonderlandgalleries.com

05/12/2020 SCM 27 of 58

From: Steve Kuhn <stevekuhncarpet@aol.com> Date: May 5, 2020 at 7:28:28 PM EDT To: Michelle Berger <MBerger@sewallspoint.org> Cc: Kaija Mayfield <KMayfield@sewallspoint.org> Subject: Re: Request

Hi Michele, Hope all is good with you these days. I understand that the truck ordinance is up for review next week and there’s some neighbors that are not truck folks. That’s fine and that’s their view and I value everyone’s opinion. Please let me know if there’s a way for me to help others including myself to allow our trucks to be here. I appreciate the new commissioners detailed illustration and point of view regarding this issue. I thank you again for your last response. I really love living here in Sewall’s. Sincerely Steve Kuhn 10 Island Road

Sent from my iPhone

On Mar 13, 2020, at 10:49 AM, Michelle Berger <MBerger@sewallspoint.org> wrote:

Hello Mr. Kuhn,

Just a quick follow up. The Commission agreed to review a draft ordinance, changing the weight restriction. At this time, the draft will increase the limit to 9000 pounds, based on feedback from the Commission. It is currently scheduled to be on the next meeting for discussion and potential adoption, on March 24th, at 7:30 pm.

I’ve copied Commissioner Mayfield on this response, as she is the Commissioner that initiated the change on behalf of the residents.

Many thanks,

Michelle

Michelle Lee Berger Town Manager Town of Sewall’s Point 1 South Sewall’s Point Road Sewall’s Point, FL 34996 MBerger@sewallspoint.org www.sewallspoint.org 772-287-2455 ext 12

05/12/2020 SCM 28 of 58

From: Steve Kuhn [mailto:stevekuhncarpet@aol.com] Sent: Monday, March 09, 2020 12:15 PM To: Michelle Berger Subject: Request

Hello Mrs. Berger,

My name is Steve Kuhn and I live at 10 Island road. I understand there's a meeting tomorrow evening regarding the vehicles that

weigh over 5,000 pounds. My wife and I have lived here only three years but I have to say that this Town is special. You all do an amazing

job and we are very fortunate to call this place home.

Regarding the personal vehicles , I am hoping the town will make a change to allow trucks like mine to be parked in our driveways. Hopefully

there's others who feel the same and will support the same request.

Unfortunately I am out of town and will not be attending the meeting tomorrow night.

Please consider to allow this change.

Respectfully,

Steve Kuhn

Steve KuhnPrincipal/Owner12504 Wiles Road | Coral Springs, FL 33076Ph. 954.344.4838 | Fax 954.344.2185stevekuhncarpet@aol.com | www.kuhnflooring.com

05/12/2020 SCM 29 of 58

TOWN OF SEWALL’S POINT

TO: Town Commission

FROM: Michelle Berger, Town Manager

SUBJECT: Kavoland d/b/a Fit4Mom Town Property User Agreement

FOR: Special Commission Meeting of May 12, 2020 Agenda item

Background:

A past Commission and Administration crafted an agreement with a company called Stroller Strides, which allowed the company to use Town Commons Park grounds as a base for their exercise programs.

The original user agreement was effective September 11, 2011.

The Stroller Strides company was purchased by Kavoland LLC d/b/a Fit4Mom.

In 2014 the Town received an updated Liability Insurance Certificate from Marion Kavovit, Kavoland LLC d/b/a Fit4Mom who purchased Stroller Strides. Fit4Mom has operated consistently under the original contract from Stroller Strides.

Fit4Mom has continued the exercise programs on the Town Commons Park grounds, as well as continued the payment of $100.00 to the Town on a monthly basis.

At this time, Fit4Mom has submitted new language considerations for their contract, with reduced impacts to the park facilities and parking. Staff has provided a copy of that draft as back up material.

The Town currently does not have any policy as it relates to use of facilities, other than operational best practices for scheduling of reservations. This typically applies to the gazebo and Commission chambers.

Staff is requesting direction from the Commission on how it wants to proceed. Should this be a user agreement the Commission wants to continue, Staff will work to finalize the user agreement.

05/12/2020 SCM 30 of 58

Page 1 of 4

TOWN PROPERTY USER AGREEMENT

This Town Property User Agreement (hereinafter referred to as "Agreement") is made and entered into this 9th day of September 2011______day of ____________________20____by and between the Town of Sewall's Point, (hereinafter referred to as "Town") and FLK, LLC d/b/a Stroller Strides Kavoland d/b/a Fit4Mom Jensen Beach, Stuart, Palm City through its owner Lisa M. Holland resident of Sewall’s Point, Marion Kavovit (hereinafter referred to as “User”) whose address is 244 N.E Elm Terrace, Jensen Beach, Fl. 34957 3 Middle Road, Sewall’s Point, Florida 34996.

RECITALS WHEREAS , Town desires to provide parks and facilities to its citizens, guests, clubs and organizations engaged in civic, social, educational, cultural, recreational or philanthropic work or activities; and

WHEREAS, User is such an organization and wishes to provide a segment of its Fit4Mom courses for participants on public property owned by the Town.

NOW , THEREFORE in consideration of the mutual promises contained herein and other good and valuable consideration of which the parties hereto acknowledge the parties agree as follows:

(1) Recitals. The above recitals are true and correct and are incorporated herein by reference.

(2) Occupancy. The Town does hereby grant to the User the non-exclusive use of certain premises as designated by the Town (the "Premises") for its Stroller Strides Fit4Mom classes. User will not take up the first 5 of 9 total parking spots upon entrance to the park that run parallel with South Sewall’s Point Road. This Agreement does not guarantee that the Premises requested or assigned will always be available at the date and time requested by the User. The general public shall not be excluded from the Premises. Town reserves the right to relocate this area to another area at its sole discretion. User shall maintain the Premises in good order at all times during this Agreement and free and clear of debris and litter. Anything left after each use will be treated as trash. The Town will not be held responsible for storing any personal equipment or supplies.

(3) Term. The term of this Agreement shall be for a period of one two years beginning on the date of this agreement is last executed by the parties (the “Effective Date”) and shall automatically renew each year thereafter, provided, however, that this Agreement may be terminated, with or without cause, by the User upon (10) das written notice. Town reserves the right to cancel this Agreement at any time and for any reason upon providing User 24 hours notice. 4 weeks notice.

05/12/2020 SCM 31 of 58

Page 2 of 4

(4) Relationship. The parties agree and acknowledge that User is not an independent contractor of the Town and is not an employee or agent of Town for any purpose. It is understood and agreed that nothing contained in this Agreement shall be deemed or construed as creating any business relationship, partnership, or joint venture or other type of relationship between User and Town.

(5) User's Responsibilities.

a. Provide safe, professional, and positive instruction to all participants of StrollerStrides Fit4Mom.

b. Inspect the Premises prior to beginning each class. If any unsafe or hazardousconditions are found, immediately report the conditions to Town and postpone theprogram until further direction from Town.

c. Comply with any Town rules or regulations as set forth in this contract and any futurepolicies that may develop and be communicated either verbally or in writing from theTown Manager that are not in conflict with this agreement.

(6) Compensation. User shall pay the Town one hundred dollars ($100.00) per month for any month that a class, or portion of a class, is held on the Premises.

(7) Insurance. To the extent required by Town, User shall provide Town with copies of its General Liability Insurance and Professional Liability Insurance, and such other insurance as is required by Town and with such deductibles as the Town requires. Town may require that it be named as an additional insured on any such required insurance.

(8) Indemnification. User agrees to indemnify, hold harmless and defend Town, its officers, agents, servants, and employees, from and against any liabilities, damages, loses and costs, including, but not limited to, reasonable attorney's fees, which arise either directly or indirectly from the use or occupancy of the Premises under this Agreement. Nothing contained in this provision shall be construed or interpreted as consent by Town to be sued, nor as a waiver of sovereign immunity beyond the waiver or limits provided in section 768.28, Florida Statutes. User shall bear all risks and liabilities arising out of or in any manner directly or indirectly connected with User's occupancy or use of the Premises.

(9) Background. User warrants and represents that he/she/it has not previously been accused of, charged with, or convicted of any crimes or offenses involving sexual misconduct or improprieties, or other offenses involving other immoral or indecent behavior, or sexual crimes.

(10) Disagreements and Disputes. In the event that either User or Town commences an action for damages. injunctive relief, or to enforce the provisions of this Agreement , each party shall pay its own attorneys' fees and costs incurred in connection therewith as determined by the court in any such action.

(11)Construction and Severability. Town and User agree that this Agreement shall be construed as if the parties jointly prepared it so that any uncertainty or ambiguity shall not be interpreted against any one party and in favor of the other. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect.

05/12/2020 SCM 32 of 58

Page 3 of 4

(12)Governing Law. This Agreement shall be governed in accordance with the laws of the State of Florida, and venue for any action enforcing the te1ms of this Agreement shall be Marti n County, Florida.

(13) Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the parties with respect to the User's use of Town property, and contains the entire understanding with respect to such use. No other statements, promises, representations, or agreements, whether oral or written, which are not contained in this Agreement are valid or binding, or have any effect on this Agreement. No modification s to this Agreement shall be effective unless such modifications are in writing and signed by both User and an authorized representative of Town.

(14)Headings. The headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.

(15)Assignment. This Agreement may not be assigned by the User without the consent of the Town.

IN WITNESS WHEREOF, both parties acknowledge and agree that they have read and fully understand the entire contents of this Agreement. The parties have had the opportunity to discuss the contents of the Agreement with each other and agree that entering into the Agreement is in their own best interests. As such, the parties have caused this Agreement to be executed on the date and year stated above.

WITNESSES: FLK, LLC d/b/a Stroller Strides: Kavoland LLC d/b/a Fit4Mom

______________________________ ________________________________ Signature of the Witness #1

Print Name: ____________________

______________________________ Signature of the Witness #2

Print Name: ____________________

WITNESS my hand and official seal this ______day of _____________________20______.

05/12/2020 SCM 33 of 58

Page 4 of 4

STATE OF FLORIDA COUNTY OF _____________

The foregoing instrument was acknowledged before me this _____day of _____, 20___, by __________________________________________________

Personally Known _______ OR Produced Identification _______ Type of Identification Produced

(NOTARY SEAL)

__________________________________________ (Signature of Notary Public-State of Florida)

_______________________________________ (Name of Notary Typed, Printed, or Stamped)

TOWN OF SEWALL’S POINT, FLORIDA

____________________________________

ATTEST:

_________________________________ Cheryl White, MMC, Town Clerk APPROVED AS TO FORM AND

LEGAL SUFFICIENCY:

(TOWN SEAL) ____________________________________ Glen J. Torcivia, Town Attorney Florida Bar No. 343374

05/12/2020 SCM 34 of 58

> On Apr 28, 2020, at 12:35 PM, Juliane Sebastiano <jjsebastiano@gmail.com> wrote: > > > Good morning everyone, > > I just wanted to reach out to you to express my concerns about a local issue. I have heard some talk that some people have been upset with the Fit4Mom Workout group that has been residing at the Sewalls Point Park, and it is extremely upsetting to hear this as I have personally belonged to this wonderful group since my now nine-year-old was a baby. Marion Kavovit, the owner of this wonderful group with whom is also my dear friend and neighbor is extremely respectful to both the community and the park and I truly believe her presence in this community shines brightly. It makes so many local residents of this area happy to see these young mothers out with their babies and young children motivated to not only work out and better themselves physically but emotionally as this group provides the support young mothers need in these crucial younger years of motherhood. What better place for this all to happen then the gorgeous setting of our Sewalls point park? This is a group of respectable local mothers who are enjoying the beauty of our park for what is meant to be which is a common place for families to build memories together, safely and surrounded by our community. I know personally a lot of the mothers who belong to this group, like myself, actually reside and live in Sewalls Point. As a business owner, Marion always respects the other residents whom come to the park during the hours that she is there with her class, always being mindful not to take up all the parking spots and to not interrupt those that are near also enjoying the park. The park never is completely full and as I drive by it many times daily ,living in the neighborhood, it saddens me often to see it mostly empty and people not enjoying the beauty for what it is. We are blessed to have this beautiful park in our area and I see absolutely no problem with these mothers and their children being there for the few hours a week that this class is offered. If this park can’t be welcomed by local residents and their friends what is it there for then? I just wanted to express my opinion on this matter from a local residents perspective and hope that it finds you all well. Thank you for your time. > > Sincerely, > Juliane Sebastiano > Sewalls Point resident > > Sent from my iPhone

05/12/2020 SCM 35 of 58

Begin forwarded message:

From: Carol Arneborg <carola18uk@gmail.com> Date: April 28, 2020 at 3:22:25 PM EDT To: Frank Fender <FFender@sewallspoint.org> Subject: Fit4Mom & SP

Dear Mr. Fender,

I hope that you and your family are doing well during this extraordinary time. We appreciate all that you are doing.

Below is attached a letter about Fit4Mom and Sewall’s Point.

Best wishes, Carol

05/12/2020 SCM 36 of 58

Carol Arneborg

17 Via Lucindia Dr N

Sewall’s Point

Florida 34996

carola18uk@gmail.com

28 April 2020

Mr. Frank Fender

Mayor

Town of Sewall’s Point

Florida 34996

Dear Mayor,

I understand that the arrangement with Fit4Mom for the use of Sewall’s Point Park is

to be discussed, and I would like to offer my support for this endeavour. I have visited

the group several times and know many of the new mothers who have taken part.

Fit4Mom, headed by Marion Kavovit, is a real asset not only to the Sewall’s Point

community, but also to the surrounding area. Fit4Mom is an exercise group for new

moms, but it provides much more than physical activity. New mothers have the

opportunity to recover their fitness with all of the associated health benefits as well as

a confidence boost. New Motherhood can often bring depression and a feeling of

isolation, but Marion and Fit4Mom promote positive thinking and offer women the

chance to form new social bonds with other moms in our area. It is no exaggeration to

note that Fit4Mom is a family, a sisterhood that endures.

I really hope that you will agree to help continue this valuable service to the community

by renewing the arrangement between Marion Kavovit/Fit4Mom and the Town of

Sewall’s Point for use of the Park. Thank you for your consideration.

Kind regards,

Carol Arneborg

Cc: Marion Kavovit

05/12/2020 SCM 37 of 58

On Apr 29, 2020, at 4:34 PM, Jennifer Billings <jenniferbillings@comcast.net> wrote:

Dear Town of Sewall’s Point Commission Members:

Thank you for all your efforts to make the Town of Sewall’s Point a wonderful place to live. I’ve been here for 1.5 years, and I appreciate being in a real community — one that’s active and thriving. I know all too well that resident feedback tends to be heavily weighted toward the negative, as I previously served as president of a large homeowners association. So let me take a moment to do the opposite and share my positive thoughts on one community program in particular: Marion Kavovit’s FIT4MOM.

FIT4MOM contributes to making Sewall’s Point a great community, and it has been a blessing in my life. I’d heard of it before moving to Sewall’s Point because Marion is widely known throughout Martin County as an inspiring, gracious individual who runs an incredible program. As a fitness enthusiast, I was eager for a rigorous new workout, and soon after moving to Sewall’s Point I attended a class. In the year and a half I’ve been a member, I’ve gained much more than an effective fitness routine. Marion fosters an uplifting, collaborative environment where women work hard together, share life experiences, and have fun while strengthening our bodies, our minds, our families, and our community.

One of the many things I love about FIT4MOM classes is the outdoor venues where they take place. Thank you for allowing Marion to operate out of Sewall’s Point Park. I look forward to working out there for many years to come.

Sincerely,

Jennifer Billings 9 W High Point 804-310-5583

05/12/2020 SCM 38 of 58

From: L. Courtney Stein [dr.lcstein@gmail.com] Sent: Wednesday, April 29, 2020 2:52 PM To: Kaija Mayfield; James Campo; Frank Fender; Vincent Barile Cc: Dave Kurzman; Marion Kavovit Subject: FIT4MOM

To Whom it may concern,

I am writing to express my love and support for FIT4MOM. I feel it is a core part of the Sewall's Point community. I am a Sewall's Point resident and have been for almost 3 years. I participate in Stroller Strides and it has been a key part of my building a sense of community for my family here. I have 3 young children 5, 3 and 1yo and it is so important to have other mothers to share healthy exercise and activities with. Marion is a foundation for the mootherhood community in Sewall's point. Through tragedy she shined. Brought together a community to celebrate the life of one of our lost mother's this year. She gives support through individually reaching out to each of us when we need it most. She is a cheerleader for all of us and our Sewall's point community. She has spearheaded fundraising efforts to make our park and community better. And I think she makes Sewall's point a better place to be. So please consider this when renewing her application. We need her and FIT4MOM here with us at Sewall's Point park.

Thank you for your time.

Sincerely,

Dr. Courtney Stein

Dr. L. Courtney Stein, D.O.

Emergency Department

Bethesda Health

Affiliate Assistant Clinical Professor of Biomedical Science, FAU

05/12/2020 SCM 39 of 58

From: Amy Grace Duncan <amygraceduncan@gmail.com> Date: May 1, 2020 at 9:18:16 PM EDT To: Kaija Mayfield <KMayfield@sewallspoint.org>, Dave Kurzman <DKurzman@sewallspoint.org>, James Campo <jcampo@sewallspoint.org>, Frank Fender <ffender@sewallspoint.org>, Vincent Barile <VBarile@sewallspoint.org> Cc: Marion Kavovit <marionkavovit@fit4mom.com> Subject: Fit4Mom at Sewall's Point Park

Dear Kaija, Dave, James, Frank and Vinny,

When my husband and I considered moving to Sewall's Point from out of state, our biggest concern was whether or not we, as a young family, would be able to find community in this town. South Florida is known for being a place for retirees to live their golden years and for snowbirds to escape the ruthless winters of the north. A young family moving here? Could we find the friends and neighbors that would enrich our lives and keep us here for the next 40 years? We did our due diligence in researching -- what are the schools like, how far is the town from an airport, etc. As a longtime member of my Fit4Mom group in Philadelphia, one of my biggest questions about moving here was, "Is there a Fit4Mom group in Stuart?" I was shocked to see that a town as small as Stuart had a Fit4Mom group. I was even more shocked, and delighted, to find out that our local Fit4Mom group meets at Sewall's Point Park.

The tribe of moms running the bridge is more than a workout group, it's an experience of embracing life in this unique season. It brings strangers together and makes them feel like family. It is a community of women and children that gathers to support each other, build relationships, and love on each other through the unique early years of motherhood (and beyond!). Marion Kavovit is our fearless leader and I can say that she fosters the strongest bond within the group. This group of women is committed to each other, to our town, and to raising the next generation of leaders for Stuart and Sewall's Point!

Having the ability to workout at Sewall's Point Park, feeling the sea breeze, watching the birds soar in the sky and dolphins swim in the river, running the bridge and observing sea turtles beneath us, truly enriches our time. One of the reasons that my husband and I decided to move to Sewall's Point over a place like Palm City is because the park is just an unbelievably beautiful resource. Going to the park for my workouts and afterwards staying and playing with the kids everyday is my favorite part of living here. Being near the water creates a desire for all of us moms to teach our children about caring for the natural resources that we love so much, and makes us all so grateful that we live in such a beautiful place.

I know several women who told me "I joined stroller strides to workout and I met my best friends". This sentiment rings true for me also. Sewall's Point feels like home to me now because of Fit4Mom and Marion Kavovit's amazing leadership. I hope and pray that we get to continue to spend our time as a group together at our beautiful park.

Thank you for your leadership of our town, and I look forward to meeting you all.

Best,

Amy Grace Duncan

05/12/2020 SCM 40 of 58

From: Nikol Bennett <nikolbennett@me.com> Date: May 5, 2020 at 8:13:14 PM EDT To: Kaija Mayfield <KMayfield@sewallspoint.org>, Dave Kurzman <DKurzman@sewallspoint.org>, James Campo <JCampo@sewallspoint.org>, Frank Fender <FFender@sewallspoint.org>, Vincent Barile <VBarile@sewallspoint.org> Cc: Marion Kavovit <marionkavovit@fit4mom.com> Subject: Fit4mom

Nikol Bennett 39 S River Road Stuart, Fl 34996 May 5th, 2020

Dear commissioners, It has come to my attention that you are going to be reviewing the agreement with Fit4mom. I am writing to give wholehearted support for that organization and its owner Marion Kavovit. My relationship with Fit4mom began in early 2015, soon after the birth of our son. My family and I were living in Sailfish Point at that time. As a first-time mom, I was looking for a place where I can exercise and meet other moms. I was able to find that and so much more. I looked forward to our workouts at the Sewall’s Point park and occasional runs throughout the Sewall’s Point streets. I was so enamored with the neighborhood that my family decided to move here in 2016; a decision that has bettered our lives. I would also like to comment about Marion Kavovit who is a not only the owner of Fit4mom, but also an amazing mom and a good friend. Without her, Fit4mom would not be the same. She keeps her “tribe” healthy and socially connected. She is truly a gift to the community.

In summary, I strongly recommend renewing the towns agreement with Fit4mom. Stroller Strides not only has been a benefit to me, but it is clearly a benefit to the entire town of Sewall’s Point.

Sincerely, Nikol Bennett

05/12/2020 SCM 41 of 58

05/12/2020 SCM 42 of 58

05/12/2020 SCM 43 of 58

5/6/2020 Detail by Entity Name

search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=KAVOLAND L13… 2/3

Document NumberFEI/EIN NumberDate FiledStateStatus

Detail by Entity NameFlorida Limited Liability CompanyKAVOLAND, LLC

Filing Information

L13000090302

46-3183081

06/24/2013

FL

ACTIVE

Principal Address

3 MIDDLE RD.STUART, FL 34996

Mailing Address

3 MIDDLE RD.STUART, FL 34996

Registered Agent Name & Address

KAVOVIT, MARION M3 MIDDLE RD.STUART, FL 34996

Authorized Person(s) Detail

Name & Address

Title MGRM

KAVOVIT, MARION M3 MIDDLE RDSTUART, FL 34996

Annual Reports

Report Year Filed Date2018 01/02/20182019 01/03/20192020 01/18/2020

Document Images

01/18/2020 -- ANNUAL REPORT View image in PDF format

01/03/2019 -- ANNUAL REPORT View image in PDF format

01/02/2018 -- ANNUAL REPORT View image in PDF format

01/11/2017 -- ANNUAL REPORT View image in PDF format

01/13/2016 -- ANNUAL REPORT View image in PDF format

01/07/2015 -- ANNUAL REPORT View image in PDF format

02/27/2014 -- ANNUAL REPORT View image in PDF format

06/24/2013 -- Florida Limited Liability View image in PDF format

05/12/2020 SCM 44 of 58

TOWN OF SEWALL’S POINT

TO: Commissioners

FROM: Michelle Berger, Town Manager

SUBJECT: Homewood Portion of the South Sewall’s Point Rd Improvements Special Meeting May 12, 2020

STRATEGIC PRIORITY – FINANCE & PUBLIC SAFETY ________________________________________________________

Background:

As I reviewed previous Town Commission meetings on this subject, it seems the project has morphed a bit since the last formal update to the Commission.

I have asked the Town Engineer to offer an update which includes:

• Easements obtained• Restrictions associated with the easements• Scope of the storm water project• Any change in costs or expenses anticipated• Grant modifications

At the time of authorship of this memo, I haven’t received the back-up material. However, the Town Engineer will provide a presentation.

05/12/2020 SCM 45 of 58

TOWN OF SEWALL’S POINT

TO: Commissioners

FROM: Michelle Berger, Town Manager

SUBJECT: Harbour Bay Plaza & the Existing Sign Ordinance Special Meeting May 12, 2020

________________________________________________________

Background:

The Town Commission has an interest in the success of the Harbour Bay Plaza, especially during this time of recovery from the COVID-19 closures.

While partnering with the Property Managers for the Plaza, I asked how the Town can best assist with their efforts to be successful and promote the businesses. The Property Managers’ opinions were that modifying the sign ordinance would be the best way for the Town to offer help.

Currently, the sign ordinance specifically says there are no options for variances. The ordinance is restrictive in nature, as suggested by the consultant at the time. This suggestion was made to be incompliance with an interpretation of case law.

The request to the Commission is to allow the Town Manager to work with the Town Attorney on this issue. If the case law has changed, or is interpreted differently, perhaps the signage can be changed in a way that would entice people to shop at the Plaza again.

The Property Manager’s email thread, as well as a picture of what they would like to attain, is included as back up.

This is a policy issue which may be addressed at the pleasure of the Commission. Staff is requesting direction from the Commission on this matter.

05/12/2020 SCM 46 of 58

05/12/2020 SCM 47 of 58

TOWN OF SEWALL’S POINT

TO: Commissioners

FROM: Michelle Berger, Town Manager

SUBJECT: Playground Readiness Special Meeting May 12, 2020

STRATEGIC PRIORITY – FINANCE & PUBLIC SAFETY ________________________________________________________

Background:

The Commission and the former Playground Fundraising group have acknowledged the future needs for upgrades and improvements to the play area at Town Commons Park.

As Town Staff was ensuring the playground was properly restricted during the COVID-19 closures, it became more apparent just how run down it has become.

There are plans for a future replacement.

The Town has budgeted $25,000 for FY 2020 for playground equipment, which can be used to make repairs or to take it down and prep the area for the replacement.

The original equipment was constructed 19 years ago. A replacement playground and subsequent repairs occurred along the way. Staff does not recommend spending more money on an item that has outlived its usefulness lifecycle.

Attached: email thread from Building Official Jack Reisinger after his inspection, along with some photos.

Options for consideration

1. Remove playground equipment and prepare area for future, new equipment.2. Repair with a “not to exceed” dollar amount.3. Do nothing, keeping the safety fence and caution tape up to reduce access.

Recommendation:

Staff recommends removing the playground equipment and preparing the area for the future concept.

05/12/2020 SCM 48 of 58

1

Cheryl White

From: Michelle BergerSent: Tuesday, May 05, 2020 12:43 PMTo: Cheryl WhiteSubject: FW: 2nd draft FW: Wood playground equipment evaluation Attachments: large cracks.jpg; major cracks.jpg; missing bolt .jpg; missing bolts.jpg; Playground

set.jpg; roof.jpg; rotten beam.jpg; rotten column .jpg; rotten supports.jpg; broken pickets.jpg; cracks and missing bolts.jpg; cracks.jpg

Please include this email as back up information for the Commission discussion item on May 12th. 

From: John Reisinger  Sent: Tuesday, May 5, 2020 11:41 AM To: Michelle Berger <MBerger@sewallspoint.org> Subject: 2nd draft FW: Wood playground equipment evaluation  

From: John Reisinger  Sent: Monday, May 4, 2020 3:24 PM To: Michelle Berger <MBerger@sewallspoint.org> Subject: Wood playground equipment evaluation  

Michelle, 

I inspected the wooden playground equipment in the park across the street from Town Hall today May 4, 2020. 

Most of the wood supports and some major columns are cracked, rotten, and failing. Other supports and beams are also rotten in addition to missing many bolts. It looks like some repairs have been made over the years but those repairs are also starting to fail.  

My first thought was that maybe some repair could take place but after a closer inspection I found many areas that are unsafe and hazardous. Therefore, it does not appear that a repair would be in the best interest of the Town for liability reasons. 

My recommendation would be to stop all use of this wooden playground and have it replaced with a new one. 

Please see my pictures show many structural cracks in the columns along with rotten supports. 

Jack Reisinger

Building Official Town of Sewall”s Point One South Sewall’s Point Rd. Sewall’s Point, Florida 34996 (772) 287‐2455 x15 Jreisinger@sewallspoint.org 

05/12/2020 SCM 49 of 58

05/12/2020 SCM 50 of 58

05/12/2020 SCM 51 of 58

05/12/2020 SCM 52 of 58

05/12/2020 SCM 53 of 58

05/12/2020 SCM 54 of 58

05/12/2020 SCM 55 of 58

TOWN OF SEWALL’S POINT

TO: Commissioners

FROM: Michelle Berger, Town Manager

SUBJECT: Town Comprehensive Plan Special Meeting May 12, 2020

STAFF COMMENTS SECTION OF THE AGENDA STRATEGIC PRIORITY – FINANCE & PUBLIC SAFETY ________________________________________________________

Background:

In accordance with section 163.3191, Florida Statutes, the Town is required, at least once every 7 years, to evaluate its Comp Plan to determine if amendments are required to reflect changes in state requirements that have been made since the last time the comp plan was updated (and to reflect changes in local conditions).

The current Comp Plan for the Town was written in 2008.

This state statute requires the Town to conduct this analysis and to notify the State Land Planning Agency regarding whether or not amendments are necessary to reflect changes in state requirements.

The most efficient and effective method of completion is to contract a planner to craft. Although state statute allows government agencies to contract with individual planners without needing to go out to bid, our Legal Team is making the recommendation to go out to bid and request proposals.

Unless the Commission would prefer to bypass the RFP process, Staff will follow the direction of our Legal Team.

This update is to notify you that the Town will budget and execute this during the next fiscal year.

Attached:

Front page of the current document – along with the existing Town Vision statement.

05/12/2020 SCM 56 of 58

05/12/2020 SCM 57 of 58

05/12/2020 SCM 58 of 58