FRANK FENDERMayor

VINNY BARILE Vice Mayor

JAMES W. CAMPO, CFPCommissioner

DAVID KURZMANCommissioner

KAIJA MAYFIELDCommissioner

TOWN OF SEWALL'S POINT

TOWN COMMISSION WORKSHOP

APRIL 14, 20205:30 PM

MICHELLE LEE BERGERTown Manager

CHERYL WHITE, MMCTown Clerk

TINA CIECHANOWSKIChief of Police

JACK REISINGER Building

Official / Public Works Director

CALL TO ORDER

Notice of Teleconferencing for April 14, 2020 5:30 PM

Sewall’s Point Workshop Commission MeetingBased 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 TownCommission 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 admittedinto the Commission chambers for the meeting and must submit their public comment as described below.

DATE AND TIME: Tuesday April 14, 2020 * 5:30PM

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 will meet for the purpose of discussing items as described on the agenda that will be

posted on the web site at https://sewallspoint.org and publicly displayed on the Town Hall Commission Chambers 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 April 14, 2020 12:00PM or by message 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 TownClerk 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 capabilitiesor through a smart phone application (app) or landline. When public comment is called by the Mayor during the virtual meeting, the Town Clerk will unmute each person, in the orderreceived that have raised their virtual 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 needassistance 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 viewthe executive order or obtain more information, please call Town Hall at 772-287-2455 or CLICK HERE.

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1. Discussion of South Sewall's Point Road Phase 1 Project. Commission Sponsor: N/A

2. Discussion of Town Attorney Contract . Commission Sponsor: N/A

Pledge to Flag Roll Call

Additions, Deletions or Changes to the Agenda

PUBLIC COMMENT ON NON-AGENDA ITEMS- PLEASE SUBMIT A COMMENT CARD TO THE TOWN CLERK AND LIMIT YOURCOMMENTS TO THREE MINUTES.

DISCUSSION

CLOSING COMMENTS ON AGENDA AND NON-AGENDA ITEMS PLEASE LIMIT YOUR COMMENTS TO THREE MINUTES. 1. PUBLIC 2. STAFF 3. COMMISSIONERS

ADJOURN

CIVILITY CLAUSE: It is the policy of the Sewall's Point Town Commission that all persons addressing a town board or attending a Town boardmeeting shall conduct themselves in a manner that does not disrupt the orderly and efficient conduct of the meeting. Boisterous or unrulybehavior; threatening or inciting an immediate breach of the peace; or use of profane, slanderous or obscene speech will not be tolerated andcould result in ejection from the meeting after warning from the presiding officer.In accordance with the provisions of the Americans withDisabilities Act (ADA) this document may be requested in an alternate format. persons in need of a special accommodation to participate in thisproceeding 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 matterconsidered at such meeting or hearing, s/he will need to ensure that a verbatim record of the proceedings is made, which record includes thetestimony and evidence upon which the appeal is to be based.

2

ITEM 1. ON THE AGENDA

TOWN OF SEWALL'S POINT

TO: Town of Sewall's Point Commission FROM: Michelle Berger SUBJECT: Discussion of South Sewall's Point Road Phase 1 Project. DATE: TOWN COMMISSION WORKSHOP, 2020-04-14

BACKGROUND:Updated agenda item 4/14/2020 @ 4:12PM RECOMMENDATION: ATTACHMENTS:SSPR1 2020-0410 project status memo.pdf SSPR1 Overall Exhibit1.pdf APPROVERS: APPROVAL STATUS: LAST UPDATED:at

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Date: April 10, 2020 CAPTEC Project No. 023.127

To: Michelle Berger, Town Manager

TOWN OF SEWALL’S POINT

1 S. Sewall’s Point Road

Sewall’s Point, FL 34996 (772) 287-2455

From: Joseph W. Capra, P.E.

CAPTEC ENGINEERING, INC.

301 NW Flagler Avenue

Stuart, FL 34994 (772) 692-4344

RE: S. SEWALL’S POINT ROAD – PHASE 1

PROJECTS STATUS

Project Status

This project is a roadway and stormwater improvement project that entails raising S. Sewall’s Point

Rd in the vicinity of the Mandalay and Marguerita Subdivisions. The roadway will be slightly widened

to provide shoulders on each side. The stormwater improvements include raising the roadway and

providing underground stormwater storage in exfiltration trenches pipes with an additional

landscaped Stormwater Treatment Area (STA). The project will require the relocation of

watermains and other dry utilities and is detailed as per the attached map. The project is funded by

several FDEP, FEMA - HMGP and IRL Council grants. Martin County Utilities (MCU) will pay for the

relocation of their watermains to facilitate these improvements and will approve an Interlocal

Agreement with the Town.

All adjacent residents have been notified of the project. Their land adjacent to the newly raised

roadway will be graded slightly adjusted to complete this work.

• Design/Permitting/Bidding – completed

As noted last week, the original grant construction contracts are in-place except the FEMA HMGP

Construction grant. We have submitted the HMGP design/permit deliverables in November and are

still waiting on review and approval by FEMA.

During the past several weeks, the Town has been securing easements, coordinating the relocation

of dry utility lines. The Town is attempting to obtain additional funding while pushing the FEMA

Memorandum

301 NW Flagler Avenue Stuart, Florida 34994

PH: (772) 692-4344 EMAIL: captecinfo@gocaptec.com

4

SSPR Ph 1 - Status April 10, 2020

Town of Sewall’s Point Page 2 of 2

JWC/gc

P:\000\023\023.127 - SSPR Improvements\Town\2020-0410 project status memo.docx

reviewers to provide the Town with the FEMA HMGP Construction grant contract. In the future, the

Town will request additional IRL Council, HMGP and FDEP Water Quality funding.

During the next 30-days we will make a recommendation for Construction which is expected to be

completed in 10-months. No work will be authorized until all funds are secured to complete the

work. Prior to beginning the field work, public notification will be provided to the adjacent residents.

This construction requires underground construction that is easier to be built in the dry season

before August 2020. The initial work will entail relocating the MCU watermains and excavating the

STA to store water prior to discharge into the Indian River Lagoon. Once the underground work is

completed, then the Contractor will raise the roadway and restore the adjacent properties. This

project will require closing S. Sewall’s Point Rd at various times with detours. Residents will always

have access and utility service to their properties.

Bid Results

The results of the Bid received on 4/9/2020 are as follows:

J.W. Cheatham is noted as the lowest bidder at $2,939,834.30. The bids list items required by the

grant funds and various items requested by Regulatory Agencies, adjacent Property Owners and

individual Commissioners. During the next 30-days, Staff will provide the Town Commissioners a

plan detailing items to be included in J.W. Cheatham contract. The project may need to be phased

to meet all grant entity contract deadlines. The current grant funding for construction is

approximately $2,000,000. MCU has agreed to move forward with an Interlocal Agreement for the

watermain cost. The Town will also request additional funding through the several grant entities.

This memo is provided as an update recognizing the Staff will need to provide a specific

recommendation at the next Commission meeting.

Total of Base and All Alternates:

South Sewall's Point Road Improvements

Phase 1

Bid Form - Summary

2,899,950.30$ 3,029,511.00$ Total Base + Alternates 1-4:

511,435.30$ BASE BID - WATERMAIN / UTILITIES

SUMMARY - ALTERNATE 2 to 5 BID

ALTERNATE 2 BID - ADDITIONAL EXFILTRATION TRENCH 13,464.00$

Alternate 1 - LANDSCAPE / IRRIGATION (Includes Private Property Allowance)

1,016,218.00$

563,710.00$

Alternate 1 - DRIVEWAY REPAIR

13,750.00$

SUMMARY - ALTERNATE 1 BID

TOTAL ALTERNATE 1 BID

969,280.00$

91,325.00$

ALTERNATE 5 BID - ADD BACKUP PUMP SYSTEM 39,884.00$

Alternate 1 - GENERAL (Roadway - Stormwater - Landscape - Irrigation)

Alternate 1 - ROADWAY

Alternate 1 - STORMWATER

ALTERNATE 3 BID - REMOVE DOCK

51,500.00$

633,784.50$

85,038.50$

2,350,251.00$

JW CHEATHAM JOHNSON DAVIS

ALTERNATE 4 BID - REMOVE EXOTICS / TRIM MANGROVES 11,050.00$

504,906.00$

639,400.00$

718,210.00$

73,150.00$

2,939,834.30$ 3,066,911.00$

10,000.00$

11,000.00$

37,400.00$

SUMMARY - BASE BID

2,491,365.00$

12,240.00$

5

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EWA PT. ROAD

F.F.E.=7.26' .=4.46' (GA

171 S SEWALLS PT. ROA~ F.F.E.':'6.65' I

F.F.E.=4.60 (GARAGE) I

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NDALAY RO .F.E.=5.45' 4.00' (GAR

NDALAY ROAD .F.i;.=8.44' 3,B8' (GARAGE)

3 MANDALAY ROAD F.F.E.=4.23'

F.F.E.=3.59' (GARAGE)

S. RIVER RD.

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. F.E.=17.59'

.F.E.=12.BO' GARAGE

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BENCHMARK

176 S SEWALLS PT. ROAD

F.F.E.=8. 70' .F.E.=3.B9' (GARAGE)

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ELEVATIONS AS SHOWN HEREON REFERENCE A NORTH AMERICAN VERTICAL DATUM 1988 (NAVO 88). REFERENCE THE MARTIN COUNTY BENCHMARKS "REFUGE 2", ELEVATION = 7.70' FEET AND "B 306", ELEVATION= 3.46 FEET.

NOTES: • 1

THESE PLANS ARE IN ENGLISH UNITS •

ALL ELEVATIONS HE.REIN RE,FERENCE N.A.V.D. 1988 DATUM. ADD ~.48 FEET TO CONVERT TO N.G.V.D. 1929 DATUM. ALL CONSTRUCTION IS TO BE IN ACCORDANCE WITH FLORIDA DEPARTME·NT OF

,:..~TRANSPORTATION ST~NDARDS AND SPECIFICATIONS.

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ROAD DRAINAGE SYSTEM (TYPICAL)

YARD DRAINAGE SYSTEM (TYPICAL)

A~D LAY R fic.E.=6.60'

F.F.E.=5.16' (GARAGE)

YARD DRAINAGE SYSTEM OUTFALL

CONTROL STRUCTURE BAFFLE BOX/ WEIR

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ROAD DRAINAGE SYSTEM (TYPICAL)

INDIAN RIVER LAGOON

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F.F.E.=8.54' I I II l F.F.E.=4.85' (GAR~GE/I Ill f

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? MARGUERITA ~DAD I F~ .E.=8.95

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_,-,- ___,_ SEWALL'S POINT RD.

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RIGttTOF WAY

TEMPORARY BENCHMARK

SET MAG NAIL & WASHER ELEVATION=2.11'

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Joseph W. Capra ' 301 N.W. Flagler Ave. Stuart, Florida 34994

P.E. No. 37638

... Printed Date: ~

JOB No.: 023-127 ' SHEET

1 OF 1 , 6

ITEM 2. ON THE AGENDA

TOWN OF SEWALL'S POINT

TO: Town of Sewall's Point Commission FROM: Michelle Berger SUBJECT: Discussion of Town Attorney Contract .DATE: TOWN COMMISSION WORKSHOP, 2020-04-14

BACKGROUND: RECOMMENDATION: ATTACHMENTS:Evaluation of the Town Attorney.pdf APPROVERS: APPROVAL STATUS: LAST UPDATED:at

7

4/9/2020 Evaluation of the Town Attorney

https://owa.martin.fl.us/owa/?ae=Item&t=IPM.Note&id=RgAAAAAeQApe%2f8SiSJZDvzpu4p2JBwAh8i47QA0qRZbjfBMnJdiSAAAA147WAAAh8i47Q… 1/1

Evaluation of the Town AttorneyMichelle BergerSent:Wednesday, April 08, 2020 3:49 PMTo: Frank Fender; Vincent Barile; James Campo; Dave Kurzman; Kaija MayfieldCc: Glen Torcivia [glen@torcivialaw.com] ; Cheryl White

PLEASE DO NOT REPLY TO ALL Mayor, Vice-Mayor and Commissioners, The contract with the Town A�orney is up for review by the Commission. Although it doesn’t seem like something you have done annually,the contract states the following: The term of this Contract is annual, beginning on October 1, 2007, subject to the condi�ons contained herein, and alsosubject to a performance review of the Town A�orney by the Town Commission normally occurring in April, each year. – Page 3 of 4, underAddi�onal Terms I spoke with Glen to ensure this was a current edi�on of the contract and he reviewed, then assured it was. Glen does not have aperformance evalua�on form that is used by any of his other clients, it is usually just a thumbs up/down, since he serves at the pleasure ofthe boards. I will add this to the workshop discussion to see how you will prefer to evaluate the performance. Many thanks, Michelle

8