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09-18-2017City Council City of Edgewater Meeting Agenda 104 N. Riverside Drive Edgewater, FL 32132 Michael Ignasiak, Mayor Christine Power, District 1 Amy Vogt, District 2 Dan Blazi, District 3 Gary T. Conroy, District 4 Council Chambers6:00 PMMonday, September 18, 2017 We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 2. APPROVAL OF MINUTES a.Minutes from Budget Workshop Rate Study on August 3, 2017 08-03-17 Budget WorkshopAttachments: b.Minutes of the August 7th 2017 Council meeting. 08-07-17Attachments: 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a.Jill Danigel presenting Certificates of Appreciation for support of the 2017 Back to School event 3.a. Proclamations Presented Outside Chambers - None at this time a.Proclamation for Constitution Week during the week of September 17th - 23rd doc00446420170912074443Attachments: 4. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to three (3) minutes or less. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS Page 1 City of Edgewater Printed on 9/12/2017 September 18, 2017City Council Meeting Agenda 7. CONSENT AGENDA - None at thist ime All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the Council, in which case the Mayor will remove that item from the consent agenda and such item will be considered separately. 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a.2nd Reading - Ordinance No. 2016-O-52: Glenn D. Storch, applicant, requesting an amendment to the Official Zoning Map to include 670.276± acres of land located west of I-95 and south of the Indian River Boulevard Extension and the proposed Deering Park development as MUPUD (Mixed Use Planned Unit Development) and approval of the associated MUPUD Agreement. 2016-O-52 Location Map Aerial Zoning Map Attachments: b.2nd Reading - Ordinance No. 2017-O-28: Haymes S. Snedeker, requesting an amendment to the Official Zoning Map to include 1.65± acres of land located at 210 N. Ridgewood Avenue as BPUD (Business Planned Unit Development) and approval of the associated BPUD Agreement. 2017-O-28 Location Map Aerial Zoning Map Conceptual Plan Exerior Elevations Attachments: c.Resolution No. 2017-R-34 - Urging members of the State Legislature to adopt stricter animal cruelty laws and punishments 2017-R-34 - Animal Cruelty Laws Debbie Darino - Resolution #2017-R-34 -paperwork to support Res #2017-R-34-Letter of support from Brianne Lehan doc00424120170825143519 doc00424220170825143529 Attachments: d.First Reading - Ordinance No. 2017-O-37 Chapter 5 (Animal Services) 2017-O-37 Chapter 5 Animals FINALAttachments: Page 2 City of Edgewater Printed on 9/12/2017 September 18, 2017City Council Meeting Agenda e.Resolution No. 2017-R-24 - Fee Resolution 2017-R-24 Fee ResolutionAttachments: f.Tentative Edgewater I & S 2005 Voted Debt Service Millage Rate for the Animal Shelter for Fiscal Year 2017-2018 Tentative 2017-R-25 Millage - Animal Shelter DR-420DEBT Animal Shelter Attachments: g.Tentative Edgewater I & S 2016 Voted Debt Service Millage Rate for the Go for Parks for Fiscal Year 2017-2018 Tentative 2017-R-26 Millage - Go For Parks DR-420DEBT Parks Attachments: h.Tentative Edgewater Operating Millage Rate for Fiscal Year 2017-2018 Tentative 2017-R-27 Millage - Operating DR-420 Operating Attachments: i.Tentative Budget providing for appropriations for Fiscal Year 2017-2018 Tentative 2017-R-28 Operating BudgetAttachments: j.Resolution 2017-R-29 Internal Loan to the General Fund for Fiscal Year 2016-2017 2017-R-29 Internal Loan - Budget Amendment Estimated 2017 General Fund Internal Loan Amortization Attachments: k.Resolution No. 2017-R-31 Repealing and restating the Code Enforcement Board Bylaws 2017-R-31 - Code Board By-Laws FINALAttachments: l.Resolution 2017-R-32 Authorizing Acceptance of a Volusia ECHO 2017 Grants-in-Aid Grant; Entering into a Restrictive Covenant; Providing for Transmittal of the ECHO Grant Acceptance Agreement Whistle Stop Park ECHO Grant-in-Aid Agreement Whistle Stop Restrictive Covenants 2017-R-32 - ECHO Grant Acceptance Attachments: 9. BOARD APPOINTMENTS a.Economic Development Board - Mayor Ignasiak's appointment due to the 7/15/2016 term expiration of Chip Selman. Debbie Dolbow Application Todd Perry Application Attachments: Page 3 City of Edgewater Printed on 9/12/2017 September 18, 2017City Council Meeting Agenda b.Economic Development Board - Councilwoman Power's appointment due to the term expiration of Jeff Berner. Debbie Dolbow Application Todd Perry Application Attachments: c.Economic Development Board - Councilwoman Vogt's appointment due to the resignation of Oscar Zeller. Debbie Dolbow Application Todd Perry Application Attachments: 10. OTHER BUSINESS a.Florida Health Care Plans and Brown & Brown Insurance review of medical claims history and discuss future premiums. b.Consent Order Compliance and Mixing Zone Study Change Order QLH Change Order ProposalAttachments: c.Extending Resolution No. 2013-R-12; the policy to temporarily waive fees for annexation of residential and non-residential property 2013-R-12Attachments: 11. OFFICER REPORTS a.City Clerk b.City Attorney c.City Manager 12. CITIZEN COMMENTS 13. ADJOURN Page 4 City of Edgewater Printed on 9/12/2017 September 18, 2017City Council Meeting Agenda Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk/Paralegal Robin L. Matusick , 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 x 1102, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-955-8771. Page 5 City of Edgewater Printed on 9/12/2017 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2017-2794,Version:1 COUNCIL AGENDA ITEM SUBJECT: Minutes from Budget Workshop Rate Study on August 3, 2017 DEPARTMENT: City Clerk RECOMMENDED ACTION: Motion to approve the August 3, 2017 minutes from the Budget Workshop - Rate Study City of Edgewater Printed on 8/28/2017Page 1 of 1 powered by Legistar™ 104 N. Riverside Drive Edgewater, FL 32132 City of Edgewater Meeting Minutes City Council - Special Meeting 6:00 PM Council Chambers Thursday, August 3, 2017 Budget Workshop - Rate Study This meeting will start at the conclusion of the 6:00 pm CRA Meeting 1. CALL TO ORDER & ROLL CALL Mayor Mike Ignasiak, Councilman Dan Blazi, Councilman Gar y Conroy, Councilwoman Amy Vogt Present: 4 - Councilwoman Christine Power City Manager Tracey Barlow and Record’s Clerk Kelsey Arcieri Excused: Also Present: 1 – 2- 2. PRESENTATION - AR-2017-2756 a. Budget Presentation - Rate Study City Manager Barlow gave a brief discussion on the order for the Budget Workshop - Rate Study Presentation Presentation given by Henry Thomas and Sean Accasio of PRMG on the Rate Study Meeting went into 5 minute Recess Meeting Reconvened b. Presentation on City Budget Presentation by Assistant City Manager/Finance Director John McKinney and Assistant Finance Director Bridgette King on the FY 2018 Budget Page 1 City of Edgewater Printed on 8/7/2017 Councilman Blazi brought up the possibility of starting our Council meetings at 6:30 instead of 6:00 pm as he is coming from Orlando. After a brief discussion, it was determined to bring this matter before Council during the August 7th Council meeting for discussion and possible action with any time change starting in the month of October. Mayor brought up that former Councilman Jim Brown passed away and that there will be a service held on August 12th at 11:00 am at Dudley Funeral Home here 3. ADJOURN- Motion to adjourn at 7:20 pm by Councilman Blazi Minutes submitted by: Kelsey Arcieri, Record's Clerk ATTEST: APPROVED: Robin L. Matusick, City Clerk/Paralegal Michael Ignasiak, Mayor August 3, 2017 City Council - Special Meeting Meeting Minutes Page 2 City of Edgewater Printed on 8/7/2017 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2017-2823,Version:1 COUNCIL AGENDA ITEM SUBJECT: Minutes of the August 7th 2017 Council meeting. DEPARTMENT: City Clerk SUMMARY: BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: To approve the minutes of the August 7th 2017 Council Meeting. City of Edgewater Printed on 8/28/2017Page 1 of 1 powered by Legistar™ 104 N. Riverside Drive Edgewater, FL 32132 City of Edgewater Meeting Minutes City Council Michael Ignasiak, Mayor Christine Power, District 1 Amy Vogt, District 2 Dan Blazi, District 3 Gary T. Conroy, District 4 6:00 PM Council Chambers Monday, August 7, 2017 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION Present: 4 - Mayor Mike Ignasiak, Councilwoman Amy Vogt, Councilman Gary Conroy Excused: 1 - Councilwoman Christine Power Absent: 1 - Councilman Dan Blazi A motion was made by Councilman Conroy, second by Councilwoman Vogt, to approve Councilman Blazi being absent for the meetings held on July 17, 2017 for the CRA Meeting and Council Meeting - . The MOTION was APPROVED by the following vote: Yes: Mayor Ignasiak, Councilwoman Vogt and Councilman Conroy 3 - Absent: Councilman Blazi 1 - A motion was made by Councilman Conroy, second by Councilwoman Vogt, to Excuse Councilwoman Power for tonight's meeting (August 7, 2017) Council Meeting]. The MOTION was APPROVED by the following vote: Yes: Mayor Ignasiak, Councilwoman Vogt and Councilman Conroy 3 - 2. APPROVAL OF MINUTES AR-2017-2771 a. Minutes from the Special Meeting - Budget Workshop - Enterprise Funds on July 17, 2017 A motion was made by Councilman Conroy, second by Councilwoman Vogt, to approve the Minutes from the Special Meeting - Budget Workshop - Enterprise Funds on July 17, 2017. The MOTION was APPROVED by the following vote: Yes: Mayor Ignasiak, Councilwoman Vogt and Councilman Conroy 3 - AR-2017-2772 b. Minutes from the Regular City Council Meeting on July 17, 2017 A motion was made by Councilman Conroy, second by Councilwoman Vogt, to approve Minutes of the Regular City Council Meeting on July 17, 2017. The MOTION was APPROVED by the following vote: Page 1 City of Edgewater Printed on 8/11/2017 August 7, 2017 City Council Meeting Minutes Yes: Mayor Ignasiak, Councilwoman Vogt and Councilman Conroy 3 - 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS AR-2017-2755 a. Proclamation to the Rotary Club of Edgewater for their 35 years of dedicated service to the Edgewater Community This Presentation was read into the record. 3.a. Proclamations Presented Outside Chambers - None at this time. 4. CITIZEN COMMENTS Michael Visconti, 316 Pine Breeze Drive: Would like to see a monument built to help beautify Gateway Park. Ann Williams, 1403 Queen Palm Drive: Would like 3 axel trailer removed from neighbors front yard. Nancy Vaughn, 6389 Longlake Drive Port Orange, FL: Wanted to let Edgewater know about a solar co-op coming to Volusia County at the end of August. David O’Bryan, 1204 Sabal Palm Drive: Wanted to address the lack of funds within the 2017 budget. 6:10 Blazi arrived Mayor Mike Ignasiak, Councilwoman Amy Vogt, Councilman Dan Blazi, and Councilman Gary Conroy Present: 4 - 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA per City Manager - #8c - will ask the attorney to read into the record but then continue to a date and time certain at 6:00 pm on September 11th 6. CITY COUNCIL REPORTS Councilman Blazi reported: Attending the back pack giveaway. He also discussed changing the time of council meetings to 6:30 and tabling until Councilwoman Power was in attendance then decided to request consensus of council. It was determined to start meetings on October 2nd at 6:30. Councilman Conroy reported: That Mr. Hathaway is our new code enforcement magistrate. Conroy also discussed attending the condemnation hearing at 3012 Travelers Palm. Mayor Ignasiak reported: Attending a luncheon with the CEO of Florida Hospital on future needs; The League of Cities dinner in Port Orange. Mayor also visited with the Eag les club, Rotary club and Elks Club where they provided generous donations for the backpack giveaway and student’s school uniforms. He wanted to thank everyone who helped with the backpack event and is very pleased with how the giveaway turned out. Councilwoman Vogt reported: Attending the backpack stuffing and giveaway event. Page 2 City of Edgewater Printed on 8/11/2017 August 7, 2017 City Council Meeting Minutes 7. CONSENT AGENDA A motion was made by Councilman Blazi, second by Councilman Conroy, to approve the Consent Agenda. The MOTION was APPROVED by the following vote: Yes: Mayor Ignasiak, Councilwoman Vogt, Councilman Blazi and Councilman Conroy 4 - AR-2017-2747 a. RFP 17-GS-009 - Approval to award Precision Building Services for Janitorial Services AR-2017-2763 b. Extreme Concrete Agreement for FIND dredge material for the “Dirt for Jobs” incentive AR-2017-2764 c. Interlocal Agreement for Chief Building Official Services 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS 2016-O-50 a. 2nd Reading - Ordinance No. 2016-O-50: Glenn D. Storch, applicant, requesting annexation of 670.276± acres of land located west of I-95 and south of the Indian River Boulevard Extension and the proposed Deering Park development. City Attorney Wolfe read Ordinance No. 2016-O-50 into the record. City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilman Conroy, second by Councilman Blazi, to approve 2nd Reading of Ordinance No. 2016-O-50. The MOTION was APPROVED by the following vote: Yes: Mayor Ignasiak, Councilwoman Vogt, Councilman Blazi and Councilman Conroy 4 - 2016-O-51 b. 2nd Reading - Ordinance No. 2016-O-51: Glenn D. Storch, applicant, requesting an amendment to the Comprehensive Plan Future Land Use Map to include 670.276± acres of land located west of I-95 and south of the Indian River Boulevard Extension and the proposed Deering Park development as Mixed Use with Conservation Overlay City Attorney Wolfe read Ordinance No. 2016-O-51 into the record. City Manager Barlow made a staff presentation. Joey Posey made a staff presentation. Mayor Ignasiak opened and closed the public hearing. Page 3 City of Edgewater Printed on 8/11/2017 August 7, 2017 City Council Meeting Minutes A motion was made by Councilman Conroy, second by Councilman Blazi, to approve 2nd Reading of Ordinance No. 2016-O-51. The MOTION was APPROVED by the following vote: Yes: Mayor Ignasiak, Councilwoman Vogt, Councilman Blazi and Councilman Conroy 4 - 2016-O-52 c. 2nd Reading - Ordinance No. 2016-O-52: Glenn D. Storch, applicant, requesting an amendment to the Official Zoning Map to include 670.276 ± acres of land located west of I-95 and south of the Indian River Boulevard Extension and the proposed Deering Park development as MUPUD (Mixed Use Planned Unit Development) and approval of the associated MUPUD Agreement. City Attorney Wolfe read Ordinance No. 2016-O-52 into the record. City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilman Conroy, second by Councilman Blazi, to approve a continuance of the 2nd Reading of Ordinance No. 2016-O-52 to a date and time certain of September 11th at 6:00 pm. The MOTION was APPROVED by the following vote: Yes: Mayor Ignasiak, Councilwoman Vogt, Councilman Blazi and Councilman Conroy 4 - 2017-O-36 d. 1st Reading - Ordinance No. 2017 -O-36: Amending Article II and Article III, Section 21-33.05 of the Land Development Code. City Attorney Wolfe read Ordinance No. 2017-O-36 into the record. City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilman Conroy, second by Councilman Blazi, to approve 1st reading of Ordinance No. 2017 -O-36. The MOTION was APPROVED by the following vote: Yes: Mayor Ignasiak, Councilwoman Vogt, Councilman Blazi and Councilman Conroy 4 - 2017-O-24(2) e. 2nd Reading - Ordinance 2017-O-24 amending Chapter 12, Article 1, Section 12-7 (Possession of 20 grams or less of cannabis and/or drug paraphernalia prohibited) and removing Chapter 12, Article 1, Section 12-4 (Prohibiting sale of cigarettes in automatic vending machines where minors permitted). City Attorney Wolfe read Ordinance No. 2017-O-24 into the record. City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilman Conroy, second by Councilman Blazi, to approve 2nd Page 4 City of Edgewater Printed on 8/11/2017 August 7, 2017 City Council Meeting Minutes Reading - Ordinance 2017-O-24. The MOTION was APPROVED by the following vote: Yes: Mayor Ignasiak, Councilwoman Vogt, Councilman Blazi and Councilman Conroy 4 - 2017-O-17(2) f. 2nd Reading Ordinance 2017-O-17 - Amending Chapter 5 regarding Special Magistrate and Urban Backyard Chickens City Attorney Wolfe read Ordinance No. 2017-O-17 into the record. City Manager Barlow made a staff presentation. Mayor Ignasiak read a letter for Cindy Black into the record. Glen Powers asked what the classification of backyard chickens would be. David O'Bryan asked if there will be a fee to have backyard chickens. Laurie Sap expressed that she does not think the ordinance should pass . Mayor Ignasiak opened and closed the public hearing. Motion to approve 2nd Reading Ordinance 2017-O-17. MOTION FAILED FOR LACK OF SECOND! 2017-O-29 g. 1st Reading - Ordinance No. 2017-O-29: Glenn D. Storch, P.A. requesting annexation of 63± acres of land located east of South Glencoe Road and south of Lake Waterford Estates. City Attorney Wolfe read Ordinance No. 2017-O-29 into the record. City Manager Barlow made a staff presentation. Joey Posey made a staff presentation. David O'Bryan asked if this will financially affect existing citizens. Mayor Ignasiak opened and closed the public hearing A motion was made by Councilwoman Vogt, second by Councilman Conroy, to approve Ordinance No. 2017-O-29. The MOTION was APPROVED by the following vote: Yes: Mayor Ignasiak, Councilwoman Vogt, Councilman Blazi and Councilman Conroy 4 - 2017-O-30 h. 1st Reading - Ordinance No. 2017-O-30: Glenn D. Storch, P.A. requesting an amendment to the Future Land Use map to include 63± acres of land located east of South Glencoe Road and south of Lake Waterford Estates as Low Density Transition with Conservation Overlay. City Attorney Wolfe read Ordinance No. 2017-O-30 into the record. Page 5 City of Edgewater Printed on 8/11/2017 August 7, 2017 City Council Meeting Minutes City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilman Blazi, second by Councilman Conroy, to approve Ordinance No. 2017-O-30. The MOTION was APPROVED by the following vote: Yes: Mayor Ignasiak, Councilwoman Vogt, Councilman Blazi and Councilman Conroy 4 - 2017-O-31 i. 1st Reading - Ordinance No. 2017-O-31: Glenn D. Storch, P.A. requesting an amendment to the Official Zoning Map to include 63± acres of land located east of South Glencoe Road and south of Lake Waterford Estates as RPUD (Residential Planned Unit Development) and approval of the associated RPUD Agreement. City Attorney Wolfe read Ordinance No. 2017-O-31 into the record. City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilman Blazi, second by Councilwoman Vogt, to approve Ordinance No. 2017-O-31. The MOTION was APPROVED by the following vote: Yes: Mayor Ignasiak, Councilwoman Vogt, Councilman Blazi and Councilman Conroy 4 - 2017-O-28 j. 1st Reading - Ordinance No. 2017-O-28: Haymes S. Snedeker, requesting an amendment to the Official Zoning Map to include 1.65 ± acres of land located at 210 N. Ridgewood Avenue as BPUD (Business Planned Unit Development) and approval of the associated BPUD Agreement. City Attorney Wolfe read Ordinance No. 2017-O-28 into the record. City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilman Blazi, second by Councilwoman Vogt, to approve Ordinance No. 2017-O-28. The MOTION was APPROVED by the following vote: Yes: Mayor Ignasiak, Councilwoman Vogt, Councilman Blazi and Councilman Conroy 4 - 2017-R-22 k. Resolution No. 2017-R-22: Tony and Hope Pawlak, requesting the vacation of a portion of the forty (40) foot unopened right-of-way known as Miami Avenue. City Attorney Wolfe read Ordinance No. 2017-R-22 into the record. City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilman Blazi, second by Councilwoman Vogt, to approve Page 6 City of Edgewater Printed on 8/11/2017 August 7, 2017 City Council Meeting Minutes Resolution No. 2017-R-22. The MOTION was APPROVED by the following vote: Yes: Mayor Ignasiak, Councilwoman Vogt, Councilman Blazi and Councilman Conroy 4 - 9. BOARD APPOINTMENTS AR-2017-2692 a. Planning and Zoning Board - Councilwoman Vogt’s appointment due to the resignation of Pat Card. A motion was made by Councilwoman Vogt, second by Councilman Conroy, to appoint Chris Hatcher to the Planning and Zoning Board with the term ending on October 3 , 2019. The MOTION was APPROVED by the following vote: Yes: Mayor Ignasiak, Councilwoman Vogt, Councilman Blazi and Councilman Conroy 4 - 10. OTHER BUSINESS AR-2017-2711 a. CFL Real Estate Investment, Inc, requesting reduction of liens to the property. Mayor suggested to waive the interest fee of $2,103.29 if paid within thirty days, if not paid within that time frame no reduction of interest. Consensus of Council to approve. AR-2017-2770 b. Invitation to Bid (ITB 17-ES-013) Removal and Replacement - Carbon Dioxide Tank Services at the city water treatment plant. A motion was made by Councilman Blazi, second by Councilwoman Vogt, to approve Invitation to Bid (ITB 17-ES-013). The MOTION was APPROVED by the following vote: Yes: Mayor Ignasiak, Councilwoman Vogt, Councilman Blazi and Councilman Conroy 4 - 11. OFFICER REPORTS a. City Clerk There is currently a CRA Meeting scheduled for September 11th that is not needed so we have cancelled it and the next CRA Meeting will be October 2nd. The next City Council Meeting will be on September 11th. b. City Attorney Nothing at this time. c. City Manager I have nothing. 12. CITIZEN COMMENTS Michael Visconti, 316 Pine Breeze Drive: Asked if any progress had been made on the beautification of Local Park. 13. ADJOURN Page 7 City of Edgewater Printed on 8/11/2017 August 7, 2017 City Council Meeting Minutes Motion by Councilman Blazi to adjourn at 7:43 p.m. Minutes submitted by: Kelsey Arcieri, Records Clerk ATTEST: APPROVED: Robin Matusick, City Clerk/Paralegal Mike Ignasiak, Mayor Page 8 City of Edgewater Printed on 8/11/2017 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2017-2813,Version:1 COUNCIL AGENDA ITEM SUBJECT: Jill Danigel presenting Certificates of Appreciation for support of the 2017 Back to School event DEPARTMENT: Parks & Recreation Department BODY: Jill Danigel presenting Certificates of Appreciation for support of the 2017 Back to School event to: 30th Street Eatery & Pub AAArmstrong Insurance Bob & Sandy Andrejkovics Samantha Bergeron Chick-Fil-A City of Edgewater Finance Department Staff Coastal Integrative Healthcare Daytona Beach Hilton Edgewater Alliance Church Edgewater Citizens Assisting Police (CAPS) Edgewater-New Smyrna Beach Elks Lodge #1557 Edgewater Union Church Florida Healthcare Plans Florida Hospital New Smyrna Fraternal Order of Eagles #4242 Fraternal Order of Police Mark & Michelle Grenham Theresa Kennedy Robin Matusick MAX Athletics Eleanor Meckel Wal-Mart New Smyrna Beach City of Edgewater Printed on 8/28/2017Page 1 of 1 powered by Legistar™ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2017-2862,Version:1 COUNCIL AGENDA ITEM SUBJECT: Proclamation for Constitution Week during the week of September 17th - 23rd DEPARTMENT: City Clerk/Paralegal SUMMARY: Proclamation for Constitution Week during the week of September 17th -23rd.The Proclamation was mailed to the Daughters of the American Revolution City of Edgewater Printed on 9/12/2017Page 1 of 1 powered by Legistar™ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2016-O-52,Version:2 COUNCIL AGENDA ITEM SUBJECT: 2nd Reading -Ordinance No.2016-O-52:Glenn D.Storch,applicant,requesting an amendment to the Official Zoning Map to include 670.276±acres of land located west of I-95 and south of the Indian River Boulevard Extension and the proposed Deering Park development as MUPUD (Mixed Use Planned Unit Development) and approval of the associated MUPUD Agreement. DEPARTMENT: Development Services SUMMARY: OWNER:Volaco, Inc. REQUESTED ACTION:Amend the Official Zoning Map to include property as MUPUD (Mixed Use Planned Unit Development) and approve the associated MUPUD Agreement. LOCATION:West of I-95 and south of the Indian River Boulevard Extension and the proposed Deering Park development. AREA:670.276± acres PROPOSED USE: There are no proposed changes to the current use. CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County Forestry Resource and Environmental Systems Corridor ZONING DISTRICT:Volusia County - FR (Forestry Resource) and RC (Resource Corridor) VOTING DISTRICT: 2 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Vacant Volusia County Farmton Local Plan Area, Environmental Systems Corridor, Forestry Resource Volusia County FR (Forestry Resource) East Vacant Volusia County Environmental Systems Corridor, Forestry Resource Volusia County FR (Forestry Resource) and A2 (Rural Agriculture) South Vacant Volusia County Farmton Local Plan Area, Environmental Systems Corridor, Forestry Resource Volusia County FR (Forestry Resource) West Vacant Volusia County Farmton Local Plan Area Volusia County FR (Forestry Resource) City of Edgewater Printed on 8/28/2017Page 1 of 2 powered by Legistar™ File #:2016-O-52,Version:2 Current Land Use FLUM Designation Zoning DistrictNorthVacantVolusia County Farmton Local Plan Area,Environmental Systems Corridor, Forestry Resource Volusia County FR (ForestryResource) East Vacant Volusia County Environmental Systems Corridor, Forestry Resource Volusia County FR (Forestry Resource) and A2 (Rural Agriculture) South Vacant Volusia County Farmton Local Plan Area, Environmental Systems Corridor, Forestry Resource Volusia County FR (Forestry Resource) West Vacant Volusia County Farmton Local Plan Area Volusia County FR (Forestry Resource) Background:This property is located south of the Deering Park property,west of I-95.The property is currently vacant;there is no estimated time frame for development.The MUPUD Agreement was designed to be flexible,while allowing certain entitlements to the property as well as allow the continuation of the agricultural use.Prior to any development of the property the MUPUD Agreement must be amended to include details of the development. The property is being annexed and the Future Land Use Map will be amended simultaneously. The Planning and Zoning Board voted to send a favorable recommendation to City Council at their regular meeting of December 14, 2016. City Council approved the request at first reading on January 9,2017.The PUD Agreement has been amended to include stipulations set forth by Volusia County for the Future Land Use Map Amendment. Land Use Compatibility:The property is consistent with the adjacent vacant properties. Adequate Public Facilities:Public facilities are not readily available to the site at this time.Prior to site development all necessary infrastructure must be constructed. Comprehensive Plan Consistency: Per Table III-2 of the Land Development Code the MUPUD zoning designation is compatible with the Mixed- Use Future Land Use which is intended for innovative mixed use developments to include, but not be limited to commercial, light industrial and residential. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to approve Ordinance No.2016-O-52 and authorize the Mayor to execute the associated MUPUD Agreement. City of Edgewater Printed on 8/28/2017Page 2 of 2 powered by Legistar™ Strike through passages are deleted. Underlined passages are added. 1 2016-O-52 - Storch Volaco - RZ ORDINANCE NO. 2016-O-52 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY FR (FORESTRY RESOURCE) AND RC (RESOURCE CORRIDOR) TO CITY MUPUD (MIXED USE PLANNED UNIT DEVELOPMENT) FOR 670.276± ACRES OF CERTAIN REAL PROPERTY LOCATED WEST OF I-95 AND SOUTH OF THE INDIAN RIVER BOULEVARD EXTENSION AND THE DEERING PARK PROPERTY, EDGEWATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Glenn D. Storch, is the applicant for property located West of I-95 and South of the Indian River Boulevard Extension and the Deering Park Property, within Volusia County, Florida. Subject property contains approximately 670.276± acres. 2. The applicant has submitted an application for a change in zoning classification from County FR (Forestry Resource) and RC (Resource Corridor) to City MUPUD (Mixed Use Planned Unit Development) for the property described herein. 3. On December 14, 2016 the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification. 4. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 5. The proposed change in zoning classification is not contrary to the established land use pattern. 6. The proposed change in zoning classification will not adversely impact public Strike through passages are deleted. Underlined passages are added. 2 2016-O-52 - Storch Volaco - RZ facilities. 7. The proposed change in zoning classification will not have an adverse effect on the natural environment. 8. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA. The zoning classification for the property described in Exhibit “A” is hereby changed from County FR (Forestry Resource) and RC (Resource Corridor) to City MUPUD (Mixed Use Planned Unit Development) pursuant to the associated Planned Unit Development (PUD) Agreement (attached and hereto incorporated as Exhibit “B”). PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If Strike through passages are deleted. Underlined passages are added. 3 2016-O-52 - Storch Volaco - RZ this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. After a Motion to approve by Councilwoman Power, with Second by Councilman Blazi, the vote on the first reading of this ordinance held on January 9, 2017 was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power X Councilwoman Amy Vogt X Councilman Dan Blazi X Councilman Gary T. Conroy X Strike through passages are deleted. Underlined passages are added. 4 2016-O-52 - Storch Volaco - RZ After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on September 11, 2017 was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Amy Vogt Councilman Dan Blazi Councilman Gary T. Conroy ______ PASSED AND DULY ADOPTED this 11th day of September, 2017. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA ________________________ By: ___________________________ Robin L. Matusick Mike Ignasiak City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe & Ciocchetti Approved by the City Council of the City of Edgewater at a meeting held on this 11h day of September, 2017 under Agenda Item No. 8_____. Strike through passages are deleted. Underlined passages are added. 5 2016-O-52 - Storch Volaco - RZ EXHIBIT “A” LEGAL DESCRIPTION A PART OF SECTIONS 17 AND 20, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SAID SECTION 17, RUN S.00°19'17" W, ALONG THE WEST LINE OF SAID SECTION 17, A DISTANCE OF 1404.44 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID WEST LINE, RUN N.79°26'18"E., A DISTANCE OF 2782.81 FEET TO THE WEST RIGHT OF WAY LINE OF INTERSTATE NO. 95 (STATE ROAD NO. 9), A 350 FOOT RIGHT OF WAY; THENCE RUN ALONG SAID WEST RIGHT OF WAY LINE THE FOLLOWING COURSES AND DISTANCES; S.22°11'56"E., A DISTANCE OF 2796.77 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 8417.78 FEET, A CENTIRAL ANGLE OF 07"1 1'03", A CHORD BEARING OF S.18°36'24"E., AND A CHORD DISTANCE OF 1054.77 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 1055.46 FEET TO THE POINT OF TANGENCY; THENCE S.15°00'53"E., A DISTANCE OF 3633.91 FEET TO THE NORTH LINE OF THE CHARLES SIBBALD GRANT, SECTION 47, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA, ALSO BEING THE NORTH LINE OF THE ASSESSOR'S SUBDIVISION OF THE CHARLES SIBBALD GRANT, RECORDED IN MAP BOOK 3, PAGE 151 , OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE, RUN S.79°00'40"W., ALONG THE NORTH LINE OF SAID CHARLES SIBBALD GRANT, AND SAID ASSESSOR'S SUBDIVISION OF THE CHARLES SIBBALD GRANT, A DISTANCE OF 1808.41 FEET; THENCE DEPARTING SAID NORTH LINE, RUN S.89°29'08"W., PARALLEL TO THE NORTH LINE OF SAID SECTION 20, A DISTANCE OF 3245.10 FEET TO THE WEST LINE OF SAID SECTION 20; THENCE N.00°17'16"W., ALONG SAID WEST LINE, A DISTANCE OF 3067.20 FEET TO THE NORTHWEST CORNER OF SAID SECTION 20; THENCE N.00°54'04"W., ALONG THE WEST LINE OF SAID SECTION 17, A DISTANCE OF 2650.1 7 FEET; THENCE N.00°19'17" E. , ALONG SAID WEST LINE, A DISTANCE OF 1245.74 FEET TO THE POINT OF BEGINNING. Strike through passages are deleted. Underlined passages are added. 6 2016-O-52 - Storch Volaco - RZ EXHIBIT “B” PUD AGREEMENT Volaco Inc. 1 2016-O-52 THIS INSTRUMENT PREPARED BY: Glenn D. Storch, Esquire STORCH LAW FIRM 420 South Nova Road Daytona Beach FL 32114 AFTER RECORDING RETURN TO: Robin L. Matusick, City Clerk CITY OF EDGEWATER P.O. Box 100 Edgewater FL 32132-0100 For Recording Purposes Only MIXED-USE PLANNED UNIT DEVELOPMENT AGREEMENT VOLACO PROPERTY MUPUD THIS AGREEMENT is made and entered into this day of , 20___ by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, whose mailing address is P.O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter referred to as “City”) and, VOLACO, INC., a Florida corporation, whose address is P.O. Box 457, DeLand, Florida 32721 (herein after referred to as “Landowner and/or Developer”). The purpose of this Agreement is to define the terms and conditions granting the development approval of the subject property. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. LEGAL DESCRIPTION AND OWNER The land subject to this Agreement is approximately 670.276± acres west of Interstate 95 and south of the Indian River Boulevard extension, in Volusia County, Florida. The legal description of the property is attached hereto as Exhibit “A” – Legal Description and Exhibit “B” – Location Map. The record owner of the subject property is Volaco, Inc. 2. DURATION OF AGREEMENT The duration of this Agreement shall be perpetual and run with the land. Volaco Inc. 2 2016-O-52 3. FUTURE LAND USE AND ZONING DESIGNATION The Future Land Use designation for the Property is Mixed Use and Mixed Use with Conservation Overlay. The zoning designation for the Property shall be MUPUD (Mixed Use Planned Unit Development) as defined in the City Land Development Code (LDC), as amended. The City of Edgewater’s permitted uses for MUPUD are applicable to the development of the Property and consistent with the adopted Comprehensive Plan Future Land Use Map and LDC. Notwithstanding the foregoing, prior to the amendment of this Agreement to permit the first phase of development on the Property, as provided herein below, Landowner and/or Developer shall be permitted to use the Property for all agricultural pursuits in the same manner as if the Property retained the County’s “Forestry Resource” Comprehensive Plan and Zoning designations as they existed prior to annexation into the City of Edgewater. Use of the Property for agricultural pursuits shall be permitted to continue on those portions of the Property not designated for development via amendment to this Agreement for so long as said portions remain undeveloped. 4. DEVELOPMENT STANDARDS Based on the City’s Comprehensive Plan requirements for the Mixed Use Future Land Use designationAmendment adopted by Ordinance No. 2016-O-51, the Property is entitled to a maximum residential density of twelve (12) dwelling units per acre. Similarly, the Property is entitled to a maximum floor area ratio of zero point five (0.5) for non-residential development, as provided in the City’s Comprehensive Plan.the following special limitations shall apply: 1. Development trips from the property must be limited to no more than 310 trips per day, which correlates to the existing Volusia County comprehensive plan impacts. Any project or projects proposed that exceed this initial vested amount, shall require a traffic impact Volaco Inc. 3 2016-O-52 analysis and determination of capacity prior to approval of any PUD zoning amendment to allow such use. 2. The preservation and protection of wetlands shall be consistent with the standards established for the Environmental Systems Corridor in the Volusia County Comprehensive Plan. Any project proposed shall demonstrate that the project is consistent with such standards and the City shall issue a finding of consistency with such standards as part of any PUD zoning amendment to allow such use. 3. Transportation systems shall be coordinated with surrounding developments. Any project proposed shall demonstrate that the project is consistent with such standards as part of any PUD zoning amendment to allow such use. 4. School concurrency shall be coordinated with Volusia County School Board. Any project proposed shall demonstrate that the project is consistent with such standards as part of any PUD zoning amendment to allow such use. The City acknowledges that this project may be developed in phases to ensure sound, long-range planning and development of the Property. Prior to any development on the Property, Landowner and/or Developer will be required to amend this Agreement for each phase of development in order to provide a plan for the phase and any limitations thereto, as well as to ensure compliance with the City’s Comprehensive Plan and Land Development Code (LDC). This amendment shall include the proposed street and lot layout, preparation of a traffic impact analysis, and concurrency certifications for the phase to be developed pursuant to said amendment. Each phase of development must also incorporate a site plan which must be approved by City Council prior to commencement of any authorized work. Final approval of any development plan shall include, but not be limited to, a review of utilities, stormwater, traffic and road infrastructure, school concurrency, fire rescue, hydrants, law enforcement, environmental, solid waste containment and planning elements. Each Phase may have a different Developer that will comply with the terms and conditions within. Final project Volaco Inc. 4 2016-O-52 approval may be subject to change based upon final environmental, permitting, and planning considerations and/or Federal and State regulatory agencies permit requirements. 5. PUBLIC FACILITIES Prior to development of any phase of development, as provided in the future through amendment to this Agreement, Landowner and/or Developer agrees as follows: A. Landowner and/or Developer shall connect to and utilize the City’s water distribution system for each phase. Landowner and/or Developer agrees to connect to the City’s potable water system at the nearest point of connection, which will provide adequate flow for the development phase as determined by the City. All water main distribution system improvements installed by the Landowner and/or Developer shall be conveyed and dedicated to the City; B. Landowner and/or Developer shall connect to and utilize the City’s wastewater transmission and collection system for each phase. All wastewater collection and transmission system improvements installed by the Landowner and/or Developer shall be conveyed and dedicated to the City; C. The City has determined that reclaimed water shall be available in the near future; therefore, the Landowner and/or Developer shall install piping in each phase for future reclaimed water service. Until reclaimed water is available to the site, the Landowner and/or Developer may use the piping for irrigation purposes. D. Landowner and/or Developer shall provide on and off-site current and future utility and drainage easements for each phase for drainage and utility service consistent with this provision. E. All utility services will be underground. Volaco Inc. 5 2016-O-52 F. All infrastructure facilities and improvements shall be constructed in compliance with applicable federal, state, and local standards. G. A concurrency review shall be conducted prior to development approval of any phase to ensure that all required public facilities are available concurrent with the impacts of the development. Landowner and/or Developer shall provide a transportation study to model the distribution of new trips on the area roadway network. City approval of modeling methodology and study boundary shall be required prior to initiating traffic study. H. Landowner and/or Developer agrees to reimburse the City of Edgewater for direct costs associated with the legal review, engineering review, construction inspection and the construction of required infrastructure improvements and the review and approval of any final plat related to the development pursuant to a schedule to be agreed to by the Landowner and/or Developer and City Manager. 6. CONSISTENCY OF DEVELOPMENT The City agrees to issue the required permits for the development in the manner defined in the Agreement after having determined it is not contrary to the City of Edgewater Comprehensive Plan and LDC and is compliant with all concurrency requirements set forth in said documents. 7. DEDICATION OF LAND FOR PUBLIC USE The Landowner and/or Developer shall convey to the City of Edgewater, by warranty deed and title insurance free and clear of all liens and encumbrances, all utility easements as required. 8. PERMITS REQUIRED Volaco Inc. 6 2016-O-52 The Landowner and/or Developer will obtain required development permits or letters of exemption. Permits may include but not be limited to the following: 1. Florida Department of Transportation, Department of Environmental Protection, Department of Health, St. Johns River Water Management District, Army Corps of Engineers, and Florida Fish and Wildlife Conservation Commission. 2. City of Edgewater – Subdivision Plat approval, Subdivision Construction Plan approval, Final Site Plan approval, all applicable clearing, removal, construction and building permits. 9. DEVELOPMENT REQUIREMENTS Failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Landowner and/or Developer of the necessity of complying with those permitting requirements, conditions, terms or restrictions, and any matter or thing required to be done under the existing ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or waived unless such modification, amendment, or waiver is expressly provided for in this Agreement with specific reference to the ordinance provisions so waived, or as expressly provided for in this Agreement. 10. HEALTH SAFETY AND WELFARE REQUIREMENTS The Landowner and/or Developer shall comply with such conditions, terms, restrictions, or other requirements determined to be necessary by the City for the public health, safety, or welfare of its citizens. 11. APPEAL If the Landowner and/or Developer is aggrieved by any City official interpreting the terms of this Agreement, the Landowner and/or Developer shall file a written appeal to the City Volaco Inc. 7 2016-O-52 Manager. After receiving the written appeal, the appeal will be reviewed by the City Manager and City Attorney. If the City Manager cannot resolve the dispute, the issue shall be scheduled for the City Council agenda. The action of the City Council is the final authority concerning this Agreement. 12. PERFORMANCE GUARANTEES During the term of this Agreement, regardless of the ownership of the Property, the Property shall be developed in compliance with the terms of this Agreement and applicable regulations of the City not inconsistent with, or contrary to, this Agreement. 13. BINDING AFFECT The provisions of this Agreement, including any and all supplementing amendments, and all final site plans, shall bind and inure to the benefit of the Landowner and/or Developer or its successors in interest and assigns and any person, firm, corporation, or entity who may become the successor in interest to the land subject to this Agreement or any portion thereof and shall run with the land and shall be administered in a manner consistent with the laws of the State of Florida. 14. RECORDING Upon execution by all parties, the City shall record the Agreement with the Clerk of the Court in Volusia County. The cost of recording shall be paid by the Landowner and/or Developer. 15. PERFORMANCE REVIEW Volaco Inc. 8 2016-O-52 If the City finds on the basis of competent substantial evidence that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or modified by the City. 16. APPLICABLE LAW This Agreement and provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. 17. TIME OF THE ESSENCE Time is hereby declared of the essence for the lawful performance of the duties and obligations contained in this Agreement. 18. AGREEMENT/AMENDMENT This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings, and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Substantial changes, as determined by the City Manager, shall require City Council approval. 19. FURTHER DOCUMENTATION The parties agree that at any time following a request therefore by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder. 20. SPECIFIC PERFORMANCE Both the City and the Landowner and/or Developer shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance only after Volaco Inc. 9 2016-O-52 providing notice to the Landowner and/or Developer of issues, which give rise to an action for specific performance, and the Land Owner does not cure the defect within 30 days of receipt of the notice. 21. ATTORNEYS’ FEES In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorney’s fees, legal assistant’s fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. 22. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. 23. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. 24. SEVERABILITY If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of the competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereof. Volaco Inc. 10 2016-O-52 IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Robin L. Matusick Michael Ignasiak City Clerk/Paralegal Mayor Volaco Inc. 11 2016-O-52 VOLACO, INC., a Florida corporation Witnessed by: Frank A. Ford, as President STATE OF ________________ COUNTY OF ______________ The foregoing instrument was acknowledged before me on this day of ____, 20___, by Frank A. Ford, as President of VOLACO, INC., a Florida corporation, and who is personally known to me or has produced as identification and who did not take an oath. Notary Public Stamp/Seal Volaco Inc. 12 2016-O-52 EXHIBIT “A” LEGAL DESCRIPTION A PART OF SECTIONS 17 AND 20, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SAID SECTION 17, RUN S.00°19'17" W, ALONG THE WEST LINE OF SAID SECTION 17, A DISTANCE OF 1404.44 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID WEST LINE, RUN N.79°26'18"E., A DISTANCE OF 2782.81 FEET TO THE WEST RIGHT OF WAY LINE OF INTERSTATE NO. 95 (STATE ROAD NO. 9), A 350 FOOT RIGHT OF WAY; THENCE RUN ALONG SAID WEST RIGHT OF WAY LINE THE FOLLOWING COURSES AND DISTANCES; S.22°11'56"E., A DISTANCE OF 2796.77 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 8417.78 FEET, A CENTIRAL ANGLE OF 07"1 1'03", A CHORD BEARING OF S.18°36'24"E., AND A CHORD DISTANCE OF 1054.77 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 1055.46 FEET TO THE POINT OF TANGENCY; THENCE S.15°00'53"E., A DISTANCE OF 3633.91 FEET TO THE NORTH LINE OF THE CHARLES SIBBALD GRANT, SECTION 47, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA, ALSO BEING THE NORTH LINE OF THE ASSESSOR'S SUBDIVISION OF THE CHARLES SIBBALD GRANT, RECORDED IN MAP BOOK 3, PAGE 151 , OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE, RUN S.79°00'40"W., ALONG THE NORTH LINE OF SAID CHARLES SIBBALD GRANT, AND SAID ASSESSOR'S SUBDIVISION OF THE CHARLES SIBBALD GRANT, A DISTANCE OF 1808.41 FEET; THENCE DEPARTING SAID NORTH LINE, RUN S.89°29'08"W., PARALLEL TO THE NORTH LINE OF SAID SECTION 20, A DISTANCE OF 3245.10 FEET TO THE WEST LINE OF SAID SECTION 20; THENCE N.00°17'16"W., ALONG SAID WEST LINE, A DISTANCE OF 3067.20 FEET TO THE NORTHWEST CORNER OF SAID SECTION 20; THENCE N.00°54'04"W., ALONG THE WEST LINE OF SAID SECTION 17, A DISTANCE OF 2650.1 7 FEET; THENCE N.00°19'17" E. , ALONG SAID WEST LINE, A DISTANCE OF 1245.74 FEET TO THE POINT OF BEGINNING. Volaco Inc. 13 2016-O-52 EXHIBIT “B” LOCATION MAP W IN D I A NRIVERBLV D SI- 9 5 N I- 9 5 . Su bject Property Date : 7/20/2017 . Date : 7/20/2017 Su bject Property W I N D I A NRIVERBLV D SI- 9 5 N I- 9 5 This map is for illustrative purposes only. The data represented is provided as a public service for general informationand should not be used for legal, engineering, or surveying purposes. T he City of Edgew ater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map. Subject PropertyParcels: 8417-00-00-00108420-00-00-0020 Proposed City Zoning:MPUD - M ixed Use Planned U nit Development W I N D I A NRIVERBLV D S I- 9 5 N I- 9 5 .. Date: 7/20/2017 Date : 7/20/20 17 Existing Proposed This map is for illustrative purposes only. The data represented is provided as a public service for general informationand should not be used for legal, engineering, or surveying purposes. T he City of Edgew ater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map. Subject PropertyParcels: 8417-00-00-0010 &8420-00-00-0020 Current County Zoning:FR/RC ZoningAgricultureRT - Rural TransitionalR1 - Single Family ResidentialR2 - Single Family ResidentialR3 - Single Family ResidentialR4 - Multi Family ResidentialR5 - Multi Family ResidentialRPUD-Residential Planned Unit DevelopmentRP - Residential ProfessionalMH1 - Mobile Home ParkMH2 - Manufactured Home B2 - Neighborhood BusinessB3 - Higway CommercialB4 - Tourist CommercialI1 - Light IndustrialI2 - Heavy IndustrialIPUD - Industrial Planned Unit Development R - RecreationP/SP - Public/Semi-PublicC - ConservationMPUD - Mixed Use Planned Unit DevelopmentSCD/PUD-Sustainable Community Development Planned Unit DevelopmentRetains County Zoning . County Zoning A-1 A-2 A-2 (1 ) A-3 A-3 (1 ) A-4 B-2 B-4 B-4 W B-5 B-5 W B-6 (1 ) B-7 W BPUD C CW FR I-1 I-3W I-4 MH -1 MH -1 W MH -2 MH -3 MH -3 (1) MH -4 MH -5 MH -5 (1) MH -5 W MH -6 MH -7 (1) MH -8 MP UD PW R-3 R-3 W R-4 R-4 (1) R-4 W R-6 R-6 W RA RA(1 ) RC RCW RPUD RR RR(1 ) City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2017-O-28,Version:3 ITEM DESCRIPTION: 2nd Reading -Ordinance No.2017-O-28:Haymes S.Snedeker,requesting an amendment to the Official Zoning Map to include 1.65±acres of land located at 210 N.Ridgewood Avenue as BPUD (Business Planned Unit Development) and approval of the associated BPUD Agreement. OWNER:Michael L. Brewer Trust REQUESTED ACTION:Zoning Map Amendment LOCATION:210 N. Ridgewood Avenue AREA:1.65± acres PROPOSED USE: Retail CURRENT LAND USE: Retail FLUM DESIGNATION: Commercial ZONING DISTRICT:B-3 (Highway Commercial) VOTING DISTRICT: 1 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Tattoo Shop & Residential Commercial B-3 (Highway Commercial) East Church Public/Semi-Public B-3 (Highway Commercial) South Residential Commercial B-3 (Highway Commercial) West Mini-warehouse/Storage Commercial B-3 (Highway Commercial) Background:The property, known as Loveland Groves, was originally developed in 1943 and has sat vacant for several years. The applicant is proposing to redevelop the property with a new retail store.The BPUD Agreement identifies the development standards for the project, including but not limited to, number and size of parking spaces, building design standards and setbacks. Adjacent property owners were notified of the request on June 30, 2017; staff has not received any opposition. The Planning and Zoning Board recommended approval at their regular meeting of July 12, 2017. City Council approved the request at first reading on August 7, 2017. The property owner has since requested the language be included in the PUD Agreement requiring the Developer to initiate construction by March 1, 2018. Land Use Compatibility:Retail is permitted within the BPUD Zoning District and is identified in the BPUD Agreement.The City of Edgewater Printed on 8/28/2017Page 1 of 2 powered by Legistar™ File #:2017-O-28,Version:3 proposed development is consistent with the existing and permitted uses along Ridgewood Avenue. Adequate Public Facilities:The site has vehicular access from Ridgewood Avenue.City water and wastewater is available to the property. Comprehensive Plan Consistency:The proposed BPUD zoning designation is compatible with the properties Commercial Future Land Use designation. RECOMMENDED ACTION Motion to approve Ordinance No. 2017-O-28 and authorization for the Mayor to execute the associated BPUD Agreement. City of Edgewater Printed on 8/28/2017Page 2 of 2 powered by Legistar™ Struck though passages are deleted. 1 Underlined passages are added 2017-O-28 ORDINANCE NO. 2017-O-28 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM CITY B-3 (HIGHWAY COMMERCIAL) TO CITY BPUD (BUSINESS PLANNED UNIT DEVELOPMENT) FOR 1.65± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 210 NORTH RIDGEWOOD AVENUE, EDGEWATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Haymes S. Snedeker is the applicant on behalf of Michael L. Brewer Trust, owner of property located at 210 North Ridgewood Avenue, within Volusia County, Florida. Subject property contains approximately 1.65± acres. 2. The applicant has submitted an application for a change in zoning classification from City B -3 (Highway Commercial) to City BPUD (Business Planned Unit Development) for the property described herein. 3. On July 12, 2017, the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification. 4. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 5. The proposed change in zoning classification is not contrary to the established land use pattern. 6. The proposed change in zoning classification will not adversely impact public facilities. Struck though passages are deleted. 2 Underlined passages are added 2017-O-28 7. The proposed change in zoning classification will not have an adverse effect on the natural environment. 8. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA. The zoning classification for the property described in Exhibit “A” is hereby changed from City B-3 (Highway Commercial) to City BPUD (Business Planned Unit Development), pursuant to the associated Planned Unit Development (PUD) Agreement attached and hereto incorporated as Exhibit “B”. PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. Struck though passages are deleted. 3 Underlined passages are added 2017-O-28 PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion to approve by Councilman Blazi with Second by Councilwoman Vogt, the vote on the second reading/public hearing of this ordinance held on August 7, 2017 was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power EXCUSED Councilwoman Amy Vogt X Councilman Dan Blazi X Councilman Gary T. Conroy X Struck though passages are deleted. 4 Underlined passages are added 2017-O-28 After Motion to approve by with Second by _____________, the vote on the second reading/public hearing of this ordinance held on , 2017 was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Amy Vogt Councilman Dan Blazi Councilman Gary T. Conroy PASSED AND DULY ADOPTED this _______ day of _________________, 2017. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA ______________________________ By:___________________________ Robin Matusick Mike Ignasiak City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe & Ciocchetti Approved by the City Council of the City of Edgewater at a meeting held on this _____ day of ____________________, 2017 under Agenda Item No. 8_____. Struck though passages are deleted. 5 Underlined passages are added 2017-O-28 EXHIBIT “A” LEGAL DESCRIPTION That portion of Lot 22, ASSESSOR'S SUBDIVISION OF THE G. ALVAREZ GRANT, Section 52, Township 17 South, Range 34 East, Volusia County, Florida, according to the plat thereof, as recorded in Map Book 3, Page 137 of the Public Records of Volusia County, Florida and being more particularly described as follows: Begin at the intersection of the North line of said Lot 22 and the Westerly right-of-way of U.S. Highway No. 1 a 100 foot right-of-way as now laid out; thence South 22° 35' 41" East along said Westerly right-of-way line a distance of 195 feet; thence South 67° 20' 19" West parallel with the North line of said Lot 22, a distance of 369.52 feet; thence North 22° 35' 41" West a distance of 195.00 feet to a point on the Northerly line of said Lot 22; thence along the Northerly line of Lot 22, run North 67° 20' 19" East, a distance of 369.52 feet to the Point of Beginning. Containing 1.65 acres more or less. Struck though passages are deleted. 6 Underlined passages are added 2017-O-28 EXHIBIT ‘B’ BPUD AGREEMENT HSC Edgewater, LLC 1 2017-O-28 THIS INSTRUMENT PREPARED BY: CITY OF EDGEWATER P.O. Box 100 Edgewater, FL 32132-0100 AFTER RECORDING RETURN TO: Robin L. Matusick, City Clerk/Paralegal LEGAL DEPARTMENT CITY OF EDGEWATER P.O. Box 100 Edgewater, FL 32132-0100 For Recording Purposes Only BUSINESS PLANNED UNIT DEVELOPMENT AGREEMENT HSC EDGEWATER, LLC THIS AGREEMENT is made and entered into this _______ day of _______________, 2017 by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, whose mailing address is P. O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter referred to as "City"), and HSC EDGEWATER. LLC, developer, whose address is P.O. Box 130, Daphne, Alabama 36526 (hereinafter referred to as "Developer"). The purpose of this Agreement is to define the terms and conditions granting the development approval of the subject property. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. LEGAL DESCRIPTION AND OWNER The land subject to this Agreement is approximately 1.65± acres located at 210 N. Ridgewood Avenue in Edgewater, Volusia County, Florida. The legal description of the property is attached hereto as Exhibit "A" – Legal Description. The record owners of the subject property are Michael L. Brewer Trust. HSC Edgewater, LLC 2 2017-O-28 2. DURATION OF AGREEMENT The duration of this Agreement shall be thirty (30) years and run with the land. The agreement may be extended by mutual consent of the governing body and the Landowner and/or Developer, subject to a public hearing. Development must be consistent with the Master Plan dated May 9, 2017 hereto as Exhibit “B” – Conceptual Plan and Exhibit “C” - Architectural Conceptual Exterior Design Standards for all sides of structure. Developer must receive site plan approval from the City prior to commencing construction. Developer's failure to initiate construction within twenty-four (24) months of the date of this Agreementbefore March 1, 2018, may result in the City's termination of the Agreement. Developer may request an extension of the Agreement for an additional 12-months for extraordinary circumstances as determined by the City. Commencement of construction means to begin performing on-site modification, fabrication, erection or installation of a treatment facility or a conveyance system for the discharge of wastes and on-site modification, fabrication, erection or installation of a treatment facility or a transmission system for the conveyance of potable water. Land clearing and site preparation activities related to this construction are not included herein; however, before undertaking land clearing activities, other permits for stormwater discharges from the site may be required. Final approval shall include, but not be limited to utilities, stormwater, traffic, fire rescue, hydrants, law enforcement, environmental, solid waste containment, and planning elements. 3. DEVELOPMENT USES PERMITTED The Developer hereby agrees to develop the property subject to the terms of this Agreement and in accordance with the City of Edgewater's Land Development Code (“City LDC”), as described in Paragraph 2 above. The Developer further agrees that all development HSC Edgewater, LLC 3 2017-O-28 will be consistent with the Master Plan dated May 9, 2017 and be developed consistent with the City's development procedures, including Article XX – Ridgewood Avenue Corridor Design Regulations of the City of Edgewater Land Development Code (except as amended by this Agreement). Until such time as a Development Order is issued, final project approval may be subject to change based upon final environmental, permitting, and planning considerations. Said changes shall be approved by the City. Use of the property will be as follows: RETAIL Minimum Yard Side and Setbacks Front (Ridgewood Ave.): 10-ft. Rear: 10-ft. Side (North & South): 10-ft. Minimum Landscape Buffer Front (Ridgewood Ave.): 10 ft. Side (North): 10 ft. Side (South): 10 ft. OVERALL SITE DEVELOPMENT STANDARDS Maximum Building Coverage: 15% Maximum Impervious Coverage: 50% Maximum Building Height: 30 ft. A. Parking Twenty-nine (29) parking spaces will be permitted with a minimum size of 20-feet by 9- feet. A minimum of two handicap parking spaces meeting ADA requirements will be required. The location and number of parking spaces in a row shall be permitted per Exhibit “B” HSC Edgewater, LLC 4 2017-O-28 Conceptual Plan. A maneuver depth and radius of five (5) feet along the southern property boundary shall be permitted per Exhibit “B” Conceptual Plan. B. Stormwater Management The retention pond(s) will meet the requirements for the St. Johns River Water Management District and the City LDC. The Developer shall meet all requirements pertaining to flood plain development standards as defined in the City LDC. C. Signage Any signage shall meet the current City LDC. D. Exterior Display Area Only display setups of products customarily used outdoors including but not limited to, pools, lawn furniture or other similar items shall be permitted and shall be limited to one of any one product or model and shall be located in designated exterior display areas approved for such display as part of the development plan. In addition one (1) ice machine and one (1) LP Gas dispenser shall be permitted in designated exterior areas. Such exterior display areas shall be depicted on Exhibit “B” and Exhibit “C”. At no time shall any exterior display areas impede the entry or means of egress of any doorway. All exterior displayed products and related display equipment shall be removed at the close of business each day, except that the ice machine and LP Gas dispense products and equipment do not have to be removed from the exterior display areas. E. Exterior Façade Treatments Synthetic stucco shall be permitted except in the designated exterior display area and delivery receiving door areas. F. Trees HSC Edgewater, LLC 5 2017-O-28 The Developer shall meet the City minimum tree protection standards. G. Entrance to Subdivision One (1) entrance, as depicted on the Conceptual Plan, shall be permitted for accessing the development from Ridgewood Avenue. H. Future Expansion/Phases Notwithstanding anything herein to the contrary, the City shall permit future expansions in accordance with the City LDC as long as said expansions do not cause development of the Property to exceed the overall site development standards referenced in Section 3. 4. FUTURE LAND USE AND ZONING DESIGNATION The Future Land Use designation for HSC Edgewater is Commercial. The zoning designation shall be BPUD (Business Planned Unit Development) as defined in the City Land Development Code. The City of Edgewater's permitted uses for BPUD are applicable to the development of the property and consistent with the adopted Comprehensive Plan/Future Land Use Map. 5. PUBLIC FACILITIES A. Developer agrees to connect to and utilize the City's water distribution system. Developer agrees to connect to the City's potable water system at the nearest point of connection. All water main distribution system improvements will be installed by the Developer and all water main distribution system improvements within public right of ways shall be conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of Certificate of Occupancy. B. Developer agrees to connect to and utilize the City's wastewater transmission and collection system. All wastewater collection and transmission system improvements will be HSC Edgewater, LLC 6 2017-O-28 installed by the Developer and all wastewater collection and transmission system improvements within public right of ways shall be conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of Certificate of Occupancy. C. The City has determined that reclaimed water may be available in the future. Therefore, the Developer shall convert and connect all irrigation system piping to reclaimed water within one-hundred-eighty (180) days of written notification by the City to the Developer of the availability and cost, but Developer shall only be required to convert and connect such systems if the connection point is immediately adjoining the Developer’s property. D. All utility services will be underground. E. Off-site improvements (including but not limited to intersection improvements, turn lanes, acceleration lanes, deceleration lanes, and signalization) are the Developer's responsibility and shall meet all City, County and/or State requirements and approval. F. Impact fees will be paid in accordance with the following schedule: 1) Water - Pay 100% of the applicable impact fees to the city by applicant at the time the applicable permit application is signed by the City, thereby reserving requisite water capacity. A minimum water charge shall be applied to each E.R.U. reserved and not connected within one (1) year. 2) Sewer - Pay 100% of the applicable impact fees to the city by applicant at the time the applicable permit application is signed by the City, thereby reserving requisite sewer capacity. A minimum sewer charge shall be applied to each E.R.U. reserved and not connected within one (l) year. 3) Police, Fire, Recreation - Paid to City by applicant at the time of Building Permit application. HSC Edgewater, LLC 7 2017-O-28 4) Roads - Paid to City by applicant at the time of Building Permit Application. 5) Volusia County Impact fees for Roads and Schools (if deemed applicable by the Volusia County School District) - Paid prior to a Building Certificate of Occupancy. The amount of all required impact fees shall be at the prevailing rate authorized at the time of payment of impact fees. G. All infrastructure facilities and improvements shall be constructed in compliance with applicable federal, state, and local standards. H. A concurrency review shall be conducted to ensure that all required public facilities are available concurrent with the impacts of the development. I. Developer agrees to reimburse the City of Edgewater for direct costs associated with the legal review, not to exceed one-thousand dollars ($1,000.00), engineering review and construction inspection related to the HSC Edgewater, LLC development approval and the construction of required infrastructure improvements. J. The Developer shall provide all public facilities to support this project including the following: 1. Water Distribution System including fire hydrants. 2. Sewage Collection and Transmission System. 3. Stormwater collection/treatment system, including outfall system. 4. Provide all required pavement marking and signage (stop signs, road signs, etc.) within the Subdivision. All signage shall comply with Florida Department of Transportation (FDOT) standards. HSC Edgewater, LLC 8 2017-O-28 6. CONSISTENCY OF DEVELOPMENT The City agrees to issue the required permits for the development in the manner defined in the Agreement after having determined it is not contrary to the City of Edgewater Comprehensive Plan and Land Development Code and is compliant with all concurrency requirements set forth in said documents. 7. DEDICATION OF EASEMENTS It is not contemplated that any additional easements shall be required and all existing utility/access easements presently identified shall remain unless released by the City of Edgewater. 8. PERMITS REQUIRED The Developer will obtain required development permits or letters of exemption as needed for this Agreement and the construction of the improvements depicted on the Conceptual Plan. 9. DEVELOPMENT REQUIREMENTS Failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Developer of the necessity of complying with those permitting requirements, conditions, terms or restrictions, and any matter or thing required to be done under the existing ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or waived unless such modification, amendment, or waiver is expressly provided for in this Agreement with specific reference to the ordinance provisions so waived. HSC Edgewater, LLC 9 2017-O-28 10. HEALTH SAFETY AND WELFARE REQUIREMENTS The Developer shall comply with such conditions, terms, restrictions, or other requirements determined to be necessary by the City for the public health, safety, or welfare of its citizens. 11. APPEAL If the Developer is aggrieved by any City official interpreting the terms of this Agreement, the Developer shall file a written appeal to the City Manager within fifteen (15) days of the adverse decision being communicated to such person. The City Manager shall review the decision of the city official and render a decision on the appeal within thirty (30) days of receipt of the written notice or appeal. Any person may subsequently appeal the decision of the City Manager to the City Council. Any such appeal to the City Council must be filed with the City Clerk within fifteen (15) days of the adverse decision by the City Manager being communicated to such person. The City Council shall review the decisions of the city official and City Manager within sixty (60) days of the date of filing such appeal. In the event the decision of the City Council is not agreed upon by Developer, the Developer may within thirty (30) days of such written decision from City Council appeal the decision made by the City Council to the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida. 12. PERFORMANCE GUARANTEES During the term of this Agreement regardless of the ownership of the Property, the Property shall be developed in compliance with the terms of this Agreement and applicable regulations of the City not inconsistent with, or contrary to, this Agreement. The property owner will be responsible for maintaining the property in accordance with the approved BPUD HSC Edgewater, LLC 10 2017-O-28 Agreement and site plan. Any changes to the site design shall require approval by the TRC and /or City Council. 13. BINDING EFFECT The provisions of this Agreement, including any and all supplementing amendments, and all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest and assigns and any person, firm, corporation, or entity who may become the successor in interest to the land subject to this Agreement or any portion thereof and shall run with the land and shall be administered in a manner consistent with the laws of the State of Florida. 14. RECORDING Upon execution by all parties, the City shall record the Agreement with the Clerk of the Court in Volusia County. The cost of recording shall be paid by the Developer. 15. PERFORMANCE REVIEW If the City finds on the basis of competent substantial evidence that there has been a failure to materially comply with the terms of this Agreement, the Agreement may be revoked or modified by the City. Any such revocation or modification shall only occur after the City has notified the Developer in writing of Developer's failure to materially comply with the terms of this Agreement and Developer fails to cure such breach after receiving written notice and a reasonable opportunity to cure such breach from the City. 16. APPLICABLE LAW This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. HSC Edgewater, LLC 11 2017-O-28 17. TIME OF THE ESSENCE Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in the Agreement. 18. AGREEMENT/AMENDMENT This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings, and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Substantial changes, as determined by the City Manager, will require City Council approval. 19. FURTHER DOCUMENTATION The parties agree that at any time following a request therefore by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder. 20. SPECIFIC PERFORMANCE Both the City and the Developer shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. 21. ATTORNEYS' FEES In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorney's fees, legal assistant's fees and costs incurred in connection therewith, at both trial and HSC Edgewater, LLC 12 2017-O-28 appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. 22. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. 23. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. 24. SEVERABILITY If any sentence, phrase, paragraph, provision, or portion of this Agreement 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 portion hereof. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Robin L. Matusick Michael Ignasiak City Clerk/Paralegal Mayor (SIGNATURE PAGES TO FOLLOW) HSC Edgewater, LLC 13 2017-O-28 OWNER Witnessed by: Michael L. Brewer Trust By: Michael L. Brewer STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me on this ___ day of _______________, 2017, by Michael L. Brewer, who is [_] personally known to me or [_] has produced as identification and who did (did not) take an oath. Notary Public Stamp/Seal HSC Edgewater, LLC 14 2017-O-28 DEVELOPER Witnessed by: HSC Edgewater, LLC By: Haymes S. Snedeker STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me on this ___ day of _______________, 2017, by Haymes S. Snedeker, as of HSC Edgewater, LLC, who is [_] personally known to me or [_] has produced as identification and who did (did not) take an oath. Notary Public Stamp/Seal HSC Edgewater, LLC 15 2017-O-28 EXHIBIT “A” LEGAL DESCRIPTION That portion of Lot 22, ASSESSOR'S SUBDIVISION OF THE G. ALVAREZ GRANT, Section 52, Township 17 South, Range 34 East, Volusia County, Florida, according to the plat thereof, as recorded in Map Book 3, Page 137 of the Public Records of Volusia County, Florida and being more particularly described as follows: Begin at the intersection of the North line of said Lot 22 and the Westerly right-of-way of U.S. Highway No. 1 a 100 foot right-of-way as now laid out; thence South 22° 35' 41" East along said Westerly right-of-way line a distance of 195 feet; thence South 67° 20' 19" West parallel with the North line of said Lot 22, a distance of 369.52 feet; thence North 22° 35' 41" West a distance of 195.00 feet to a point on the Northerly line of said Lot 22; thence along the Northerly line of Lot 22, run North 67° 20' 19" East, a distance of 369.52 feet to the Point of Beginning. Containing 1.65± acres more or less HSC Edgewater, LLC 16 2017-O-28 EXHIBIT “B” CONCEPTUAL PLAN HSC Edgewater, LLC 17 2017-O-28 EXHIBIT “C” ARCHITECTURAL CONCEPTUAL EXTERIOR DESIGN STANDARDS HSC Edgewater, LLC 18 2017-O-28 EXHIBIT “C” - CONTINUED ARCHITECTURAL CONCEPTUAL EXTERIOR DESIGN STANDARDS P L A Z A L N E V E R G R E E N A V HUBBELL STW IL K IN S O N A V WHE T Z E L S T W E S T E R N A V LA M O N T S TMOCKINGBIRD LN N O L D C O U N T Y R D P E A R L S T E P A R K A V W P A R K A V S R I D GE WOOD A VNRIDGEWOODAV . Su bject Property Date : 6/15/2017 . Date : 6/15/2017 Su bject Property P LA ZA L N HUBBELL STE V E R G R E E N A V WHE T Z E L S T W E S T E R N A V L A M O N T S TM O C K IN G B IR D L N N OL D C OU N T Y R D P E A R L S TW IL K IN S O N A V This map is for illustrative purposes only. The data represented is provided as a public service for general informationand should not be used for legal, engineering, or surveying purposes. T he City of Edgew ater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map. Subject PropertyParcel: 7452-01-00-0220 Proposed City Zoning:BPUD - Business Planned Unit Development P LA ZA L N HUBBELL STE V E R G R E E N A V WHE T Z E L S T W E S T E R N A V L A M O N T S TM O C K IN G B IR D L N N OL D C OU N T Y R D P E A R L S TW IL K IN S O N A V .. Date: 6/15/2017 Date : 6/15/20 17 Existing Proposed This map is for illustrative purposes only. The data represented is provided as a public service for general informationand should not be used for legal, engineering, or surveying purposes. T he City of Edgew ater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map. Subject PropertyParcel: 7452-01-00-0220 Current City Zoning:B-3 - Highway Commercial . ZON ING Agriculture RT - Rural Transitional R1 - Single Family Residential R2 - Single Family Residential R3 - Single Family Residential R4 - Multi Family Residential R5 - Multi Family Residential RPUD-Residential Planned Unit Development RP - Residential Professional MH1 - Mobile Home Park MH2 - Manufactured Home B2 - Neighborhood Business B3 - Higway Commercial B4 - Tourist Commercial BPUD - Business Planned Unit Development I1 - Light Industrial I2 - Heavy Industrial IPUD - Industrial Planned Unit Development R - Recreation P/SP - Public/Semi-Public C - Conservation MPUD - Mixed Use Planned Unit Development SCD/PUD-Sustainable Community Development Planned Unit Development Retains County Zoning ZON ING Agriculture RT - Rural Transitional R1 - Single Family Residential R2 - Single Family Residential R3 - Single Family Residential R4 - Multi Family Residential R5 - Multi Family Residential RPUD-Residential Planned Unit Development RP - Residential Professional MH1 - Mobile Home Park MH2 - Manufactured Home B2 - Neighborhood Business B3 - Higway Commercial B4 - Tourist Commercial BPUD - Business Planned Unit Development I1 - Light Industrial I2 - Heavy Industrial IPUD - Industrial Planned Unit Development R - Recreation P/SP - Public/Semi-Public C - Conservation MPUD - Mixed Use Planned Unit Development SCD/PUD-Sustainable Community Development Planned Unit Development Retains County Zoning METALDUMPSTERMETALDUMPSTERPROPERTY OWNERS BREWER MICHAEL L TR 52-17-34-01-00-0220 PROPERTY OWNERS PADDOCK LISA SHAWN 52-17-34-01-00-0221 PROPERTY OWNERS HOLLY INVESTMENTS LTD 52-17-34-01-00-0230 PROPERTY OWNERS SMITH BRANDON D 52-17-34-01-00-0213 PROPERTY OWNERS SANDERS ROBERT S & DOROTHY 52-17-34-01-00-0211 PROPOSED BUILDING 7,500 SF 9 SPAC E S 12 SPACES8 SPACES APPR O X . 3 7 0'APPROX. 195 ' APPR O X. 3 7 0'APPROX. 195 'POTENTIAL STORMWATERMANAGEMENT AREA POTENTIAL STORMWATER MANAGEMENT AREA REMOVE EXISTING PAVING/DRIVEWAY RECEI VI N G D O O R S MAIN ENTRANCE REPLACE EXISTING DRIVEWAY W/ FDOT APPROVAL LOADING SPACE MONUMENT SIGN ICE MACHINE OUTDOOR DISPLAY PRELIMINARY SITE PLAN DESIGNER COMPANY: NAME: PHONE #: ACREAGE: PARKING SPACES: DEVELOPER NAME: PHONE #: COMPANY:HIX SNEDEKER DATE: BLDG/SALES SF: PROTOTYPE: RELEASE DATE 7-1-08 JADE CONSULTING, LLC TREY JINRIGHT, P.E. 251-243-0708 HAYMES SNEDEKER 251-928-3443 NORTHCITY,STATE - STREET: Edgewater, FL - U.S. 1 (N Ridgewood Ave) SCALE = 1"=80' LEGEND 29 (2H/C) APPROX. 1.65 AC "7500 RD" 7489/5915 07/06/17 SITE DATA TABLE STATE OF FLORIDA COUNTY OF VOLUSIA CITY OF EDGEWATER ZONING:B-3 (RIDGEWOOD AVE CORRIDOR) PROPOSED REZONING:BPUD (BUSINESS PLANNED UNIT DEVELOPMENT) BUILDING SETBACKS (LANDSCAPE BUFFERS): FRONT:N/A (10') SIDE:N/A (10') REAR:N/A (10') PARKING REQUIRED:1 SPACE / 250 SF GFA 7500 SF / 250 = 30 SPACES PARKING PROVIDED:29 SPACES (INC. 2 H/C) W/ BPUD APPROVAL PARKING SIZE REQUIRED:20' X 10' PARKING SIZE PROPOSED:20' X 9' W/ BPUD APPROVAL ADDRESS # 1 A05 1 A05 30'-2"27'-5"27'-5"4'-0"4321 3 37 7 14'-0"1919 CBA 18 1 13 14 17 16 16 3 77 A.1 SHEET NO: PROJECT NO: DRAWN BY: CHK'D BY:ISSUEDATE17-045 tfsDESCRIPTION7-12-17ISSUE FOR REVIEW1.2.3.North Ridgewood Avenue (US1), Edgwater, FloridaPROPOSED NEW STORE CONSTRUCTION22615 Highway 59 NorthRobertsdale, Alabama 36567Office: 251.947.3864Fax: 251.947.3138ADAMS STEWARTA R C H I T E C T S, L L CArchitecture, PlanningInteriors, Construction AdministrationP.O. Box 529SCALE:NTS (1/4"=1'-0") US 1 - FRONT ELEVATION1 A02.1 A02.1 EXTERIOR ELEVATIONS SCALE:NTS (1/4"=1'-0") NORTH/DELIVERY RIGHT SIDE ELEVATION2 A02.1 85'-3"18'-2"5'-10"24'-0"24'-0"21'-0"4'-0"17'-0"1 SIGN FURNISHED AND INSTALLED BY DOLLAR GENERAL CORP. WITH CIRCUIT AS NOTED ON ELECTRICAL PLAN. SIGN TO BE CENTERED ON FRONT OF BUILDING. CONTRACTOR IS TO PROVIDE ADEQUATE BLOCKING AS REQUIRED BY SIGN MANUFACTURER TO SUPPORT SIGN WEIGHT OF UP TO 1,400 LBS. EXTERIOR CANOPY SIGN SHALL BE SUPPORTED BY THE FACE OF THE CANOPY. COORDINATE THE PROPER SIGNAGE TO BE USED WITH DOLLAR GENERAL. NOT USED. RLM WALL MTD LIGHT FIXTURE. REFER TO ELECTRICAL DRAWINGS FOR ADDITIONAL INFORMATION. NOT USED NOT USED. TRIM/COPING/FLASHING - COLOR TO SIERRA TAN GUTTER AND DOWNSPOUT - COLOR TO BE DETERMINED STANDING SEAM METAL ROOF. GALVALUME FINISH. NOT USED. VENT FOR BATHROOM EXHAUST. REFER TO M01 FOR ADDITIONAL INFORMATION. DOOR BUZZER. REFER TO E01 FOR ADDITIONAL INFORMATION. WALL HYDRANT. REFER TO P01 FOR ADDITIONAL INFORMATION. HVAC UNITS MOUNTED ON ROOF. REFER TO MECHANICAL SHEET M1 FOR MORE INFORMATION. MINIMUM EAVE HEIGHT IS 14'-0" A.F.F. OUTSIDE AIR TEMP. SENSOR MOUNTED OVER RECEIVING DOORS @ 8'-0" A.F.F. ELEVATION KEYED NOTES 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 FINISHED GRADE AT EXTERIOR WALLS SHALL BE A MINIMUM OF 6" BELOW FINISHED FLOOR AT ALL NON PAVED AREAS. NOT USED NOT USED NOT USED. 14'-0"19 19 C B A 18 16 16 21'-0"4'-0"17'-0"21 3 A.1 14'-0"19 8 4 3 2 1 88 8 8 16 16 9'-0"10 SHEET NO: PROJECT NO: DRAWN BY: CHK'D BY:ISSUEDATE17-045 tfsDESCRIPTION7-12-17ISSUE FOR REVIEW1.2.3.North Ridgewood Avenue (US1), Edgwater, FloridaPROPOSED NEW STORE CONSTRUCTION22615 Highway 59 NorthRobertsdale, Alabama 36567Office: 251.947.3864Fax: 251.947.3138ADAMS STEWARTA R C H I T E C T S, L L CArchitecture, PlanningInteriors, Construction AdministrationP.O. Box 529A02.2 EXTERIOR ELEVATIONS SCALE:NTS (1/4"=1'-0") LEFT SIDE (SOUTH) ELEVATION1 A02.2 SCALE:NTS (1/4"=1'-0") REAR (WEST) ELEVATION2 A02.2 85'-3"18'-2"5'-10"24'-0"18'-2"24'-0"92'-6" 1 SIGN FURNISHED AND INSTALLED BY DOLLAR GENERAL CORP. WITH CIRCUIT AS NOTED ON ELECTRICAL PLAN. SIGN TO BE CENTERED ON FRONT OF BUILDING. CONTRACTOR IS TO PROVIDE ADEQUATE BLOCKING AS REQUIRED BY SIGN MANUFACTURER TO SUPPORT SIGN WEIGHT OF UP TO 1,400 LBS. EXTERIOR CANOPY SIGN SHALL BE SUPPORTED BY THE FACE OF THE CANOPY. COORDINATE THE PROPER SIGNAGE TO BE USED WITH DOLLAR GENERAL. NOT USED. RLM WALL MTD LIGHT FIXTURE. REFER TO ELECTRICAL DRAWINGS FOR ADDITIONAL INFORMATION. NOT USED NOT USED. TRIM/COPING/FLASHING - COLOR TO BE DETERMINED GUTTER AND DOWNSPOUT - COLOR TO BE DETERMINED PARAPET SCREEN AT REAR OF BUILDING. VENT FOR BATHROOM EXHAUST. REFER TO M01 FOR ADDITIONAL INFORMATION. DOOR BUZZER. REFER TO E01 FOR ADDITIONAL INFORMATION. WALL HYDRANT. REFER TO P01 FOR ADDITIONAL INFORMATION. HVAC UNITS MOUNTED ON ROOF. REFER TO MECHANICAL SHEET M1 FOR MORE INFORMATION. MINIMUM EAVE HEIGHT IS 14'-0" A.F.F. OUTSIDE AIR TEMP. SENSOR MOUNTED OVER RECEIVING DOORS @ 8'-0" A.F.F. ELEVATION KEYED NOTES 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 FINISHED GRADE AT EXTERIOR WALLS SHALL BE A MINIMUM OF 6" BELOW FINISHED FLOOR AT ALL NON PAVED AREAS. NOT USED NOT USED NOT USED. NOT USED Dollar General Edgewater, Florida ADAMS STEWART A R C H I T E C T S, L L C City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2017-R-34,Version:1 COUNCIL AGENDA ITEM SUBJECT: Resolution No.2017-R-34 -Urging members of the State Legislature to adopt stricter animal cruelty laws and punishments DEPARTMENT: City Clerk/Paralegal SUMMARY: As a result of the death of Ponce in Ponce Inlet there the puppy was killed by his owner,various Cities within Volusia County have adopted a resolution urging the State to impose stricter animal cruelty laws and punishments.Florida Legislature is being encouraged to amend the penalty for the commission of aggravated animal cruelty from a third-degree felony to a second-degree felony. On July 17,2017 under the City Clerk’s Reports this matter/request was discussed with City Council.Council made the determination not to take action at that time.Since then,it was requested that this matter be put in resolution form for consideration again. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to approve Resolution No. 2017-R-34 City of Edgewater Printed on 9/8/2017Page 1 of 1 powered by Legistar™ 2017-R-34 1 RESOLUTION NO. 2017-R-34 A RESOLUTION OF THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, URGING MEMBERS OF THE STATE LEGISLATURE TO ADOPT LEGISLATION AMENDING CURRENT ANIMAL CRUELTY LAWS TO IMPOSE STRICTER, HARSHER PUNISHMENT AND PENALTIES FOR ACTS OF ANIMAL CRUELTY; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND APPLICABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, it is a priority of the City of Edgewater to promote the health, safety and welfare of animals in the City and within the State of Florida; and WHEREAS, animals are sentient beings and deserve protection; and WHEREAS, the City Council supports legislative efforts to impose harsher penalties on those who engage in acts of animal cruelty; and WHEREAS, The City Council supports legislative efforts to improve the quality of life for all animals through love, compassion, education and legislation. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. That the City of Edgewater City Council hereby urges members of the Florida Legislature to consider amending the penalty listed in F.S. 828.12(2) for commission of aggravated animal cruelty from a third-degree felony to a second-degree felony. Section 2. That the City of Edgewater hereby urges members of the Florida Legislature to consider imposing stricter, harsher punishment and penalties for acts of animal cruelty. Section 3. That a copy of this resolution be sent to Governor Rick Scott, State Representative Tom Leek, State Representative Paul Renner, State Representative David Santiago, State Representative Patrick Henry, State Senator Dorothy Hukill, State Senator David 2017-R-34 2 Simmons, County of Volusia Chair and all municipal Mayors within Volusia County. Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5. Severability and Applicability. If any portion of this resolution is for any reason held or declared to be unconstitutional, inoperative, or void, such holding s hall not affect the remaining portions of this resolution. If this resolution or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. Section 6. Adoption and Effective Date. This resolution shall take effect upon adoption. After Motion to approve by _______________________________________ with Second by _______________________________________________, the vote on this Resolution was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Amy Vogt Councilman Dan Blazi Councilman Gary T. Conroy 2017-R-34 3 PASSED AND DULY ADOPTED this 11th day of September 2017. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA ______________________________ By:_____________________________ Robin L. Matusick Michael Ignasiak City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Wolfe, Sims & Ciocchetti Approved by the City Council of the City of Edgewater at a meeting held on this 11th day of September, 2017 under Agenda Item No. 8_____. City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2017-O-37,Version:1 COUNCIL AGENDA ITEM SUBJECT: First Reading - Ordinance No. 2017-O-37 Chapter 5 (Animal Services) DEPARTMENT: Fire-Rescue/Code Enforcement Division SUMMARY: Updates and changes to Chapter 5 Animal Services. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to approve Ordinance No. 2017-O-37 (Chapter 5 - Animal Services) City of Edgewater Printed on 9/8/2017Page 1 of 1 powered by Legistar™ Strike through passages are deleted. Underlined passages are added. #2017-O-37 1 ORDINANCE NO. 2017-O-37 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA AMENDING AND RESTATING CHAPTER 5 (ANIMAL SERVICES) IN ITS ENTIRETY; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND ADOPTION. WHEREAS, at the May 1, 2017 City Council meeting the City Council directed staff to research other cities that permitted Urban Backyard Chickens to be kept in residentially zoned properties; and WHEREAS, at the July 17, 2017 City Council meeting the City Council directed staff to amend Chapter 5 (Animal Services) to allow Urban Backyard Chickens to be kept in residentially zoned properties; and WHEREAS, at the August 7, 2017 City Council meeting Ordinance 2017-O-17 to amend Chapter 5 (Animal Services) to allow Urban Backyard Chickens to be kept in residentially zoned properties failed by not receiving a second to the motion; and WHEREAS, it is necessary to amend Chapter 5 (Animal Services) to recognize the Special Magistrate to hear animal control cases; and WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Chapter 5 (Animal Services) was previously amended and restated pursuant to Ordinance No. 2009-O-02 in June of 2009. 2. Amending and restating Chapter 5 (Animal Services) in its entirety will bring the Chapter into compliance with requirements, regulations and current statutes. NOW, THEREFORE, BE IT ENACTED by the People of the city of Edgewater, Florida: Strike through passages are deleted. Underlined passages are added. #2017-O-37 2 PART A. AMENDING AND RESTATING CHAPTER 5 (ANIMAL SERVICES) IN ITS ENTIRETY Amend and restate Chapter 5 (Animal Services) in its entirety of the City of Edgewater Code of Ordinances, Edgewater, Florida as set forth in Exhibit “A” which is attached hereby and incorporated herein. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void by a court of competent jurisdiction, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word “ordinance”, may be changed to “section”, “article”, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. Strike through passages are deleted. Underlined passages are added. #2017-O-37 3 PART F. ADOPTION. After Motion to approve by and Second by ______________________________________, the vote on first reading of this ordinance which was held on September 11, 2017 was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Amy Vogt Councilman Dan Blazi Councilman Gary Conroy After Motion to approve by and Second by , the vote on second reading/public hearing of this ordinance which was held on September 25, 2017 was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Amy Vogt _ Councilman Dan Blazi Councilman Gary Conroy Strike through passages are deleted. Underlined passages are added. #2017-O-37 4 PASSED AND DULY ADOPTED this 25th day of September, 2017. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Robin L. Matusick Mike Ignasiak City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe, & Ciocchetti Approved by the City Council of the City of Edgewater, Florida during the City Council meeting held on this 25th day of September, 2016 under Agenda Item #8____ . Strike through passages are deleted. Underlined passages are added. #2017-O-37 5 EXHIBIT “A” Chapter 5 - ANIMAL SERVICES ARTICLE I. - IN GENERAL Sec. 5-1. - Short title. This chapter shall be referred to as the "Animal Services Ordinance of the City of Edgewater, Florida". Sec. 5-2. - Definitions. As used in this chapter the following terms shall have the meaning ascribed to them herein: Abandonment. To forsake entirely or to neglect or refuse to provide for the care and support of an animal. ACB. The animal control board. Adult. A human being of at least 18 years of age. Adult animal. Any animal at least four months in age, or older. Animal. Any living dumb creature capable of self-locomotion and includes, but is not limited to: dogs; cats; ferrets; horses; birds, including poultry; rabbits; squirrels; raccoons; monkeys; ducks; geese; goats; sheep; swine and cattle. The term also includes pets and domesticated animals; those animals that are naturally tame and gentle or that by long association with man have become fairly domesticated and reduced to such a state of subjection to man's will that they no longer possess the disposition or inclination to escape; and those animals which are accustomed to living in and about the habitation of man. Fowl, fish, reptiles and bees shall be included in the definition of animals. Animal at large. Any animal unattended by its owner or off the premises of the owner and not under the actual control of the owner, or any animal that is not securely confined by a secure fence, chain, leash, kennel or other means of confinement. Animal control officer. Any authorized agent or employee of the city whose duty it is to enforce this chapter or any other law relating to the licensure of animals, control of animals or seizure and impoundment of animals and includes any state or local law enforcement officer or other employee whose duties in whole or part include assignments that involve the seizure and impoundment of any animal. Animal hospital. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of animal diseases and injuries. Animal under restraint. An animal secured by a leash or lead and under the control of a person physically capable of restraining the animal or securely enclosed within the real property limits Strike through passages are deleted. Underlined passages are added. #2017-O-37 6 of the owner's premises. Animal under restraint shall also include the following: (1) While on the property of its owner that: a. Reasonable care and precautions are taken to prevent the animal from leaving, while unattended, the real property limits of its owners; and b. The animal is: 1. Securely and humanely confined within a house, building, fence, crate, pen or other enclosure which the animal cannot dig, climb, jump or escape; or 2. Humanely secured by chain, cable and trolley, rope or tether of sufficient strength to prevent escape; or 3. Leashed and controlled at any time it is not secured as provided for in subsection 1. or 2. above. (2) While off the property of the owner that: a. The animal is securely confined within a vehicle; or b. The animal is caged or tethered in the open bed of a pickup truck as set forth in section 5-22; or c. The animal is securely and humanely confined within a house, building, fence, crate, pen or other enclosure; or d. The animal is humanely secured by a chain, cable and trolley, rope or tether of sufficient strength to prevent escape; or e. That the animal is leashed and controlled all times it is not secured. The owner or other responsible person must have physical control of the animal on the leash and must be capable of restricting the animal. Barking dog. Any dog that barks, bays, cries, howls or makes any other noise continuously and/or incessantly for a period of ten minutes or barks intermittently for one-half hour or more. However, a dog shall not be deemed a "barking dog" for the purposes of this chapter if at the time the dog is barking or making any other noise a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated or for any other legitimate cause such as the dog is being teased or provoked. Boarder. An animal placed in a kennel for temporary maintenance, care, food, lodging, etc. resulting in monetary compensation. Breeder. A person other than a pet dealer who shelters, breeds or trains a breed of dog or cat to conform to an approved standard of competition. A person who offers animal offspring with a spay/neuter contract and follows up on the contract with a guarantee to accept return of the offspring for any reason; ensures all offspring have been vaccinated according to Florida law; and who has been issued a breeder permit by the city. Capture. The securing, restraining, immobilization or confinement of any animal at large by the use of cages, ropes, nets, tranquilizers of any other similar device not intended to permanently injure the animal. Strike through passages are deleted. Underlined passages are added. #2017-O-37 7 Certificate of registration. A city dangerous-animal registration issued pursuant to this chapter. Citation. A written notice issued by an animal control officer to a person who the officer has probable cause to believe committed a civil infraction in violation of this chapter and that the county court will hear. The citation must contain: (1) The date and time of issuance. (2) The name and address of the person. (3) The date and time the civil infraction was committed. (4) The facts constituting probable cause. (5) The section violated. (6) The name and authority of the officer. (7) The procedure for the person to follow in order to pay the civil penalty to contest the citation or to appear in court. (8) The applicable civil penalty if the person elects to contest the citation. (9) The applicable civil penalty if the person elects not to contest the citation. (10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed or fails to appear in court to contest the citation, he/or she shall be deemed to have waived his/or her right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. (11) A conspicuous statement that if the person is required to appear in court, he/or she does not have the option of paying a fine in lieu of appearing in court. Council. The City Council of the City of Edgewater, Florida. County health officer. The person appointed pursuant to F.S. ch. 154 as director of the Volusia County Health Department and his/or her designated agents. Cruelty. Any act or omission whereby unjustifiable physical pain, suffering or death of an animal is caused or permitted, including failure to provide proper drink, air, space, shelter or protection from the elements, a sanitary and safe living environment, veterinary care or nutritious food. Dangerous dog. Any dog that, according to animal control records: (1) Has aggressively bitten, attacked, endangered or has inflicted severe injury on a human being on public or private property; (2) Has more than once severely injured or killed a domestic animal while off the owner's property; (3) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or (4) Has, when unprovoked, chased or approached a person, upon the streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack; provided that such Strike through passages are deleted. Underlined passages are added. #2017-O-37 8 actions are attested to in a sworn statement by one or more persons that dutifully investigated by an animal control officer. Feral cat. A free roaming, unowned and/or untamed domestic cat. Feral cats may be born in the wild and never socialized, or may be escaped pets that have reverted to a wild state. A feral cat is also considered as a species of wildlife. (See wildlife.) Guard or attack dog. A dog trained to attack on command or to protect persons or property and who will cease to attack upon command. Health certificate. A certificate signed by a veterinarian licensed by the state of origin or an authorized veterinary inspector of the United States Animal Disease Eradication Division that shows the age, sex, breed, description, and health record of a dog or cat and the name and address of the cosigner and of the cosigned. The certificate shall list vaccines administered to the dog or cat and shall state that the animal has no contagious or infectious diseases and has no intestinal or external parasites, including coccidiosis and ear mites. Holding or impounding facility. Any holding or impounding facility owned or under contract with the City of Edgewater for services or one that is designated from time to time by the city. Humanely shall mean treated by kindness and inflicting no harm or pain. Providing adequate food, water, shade, warmth. Providing appropriate security from environmental and physical hazards. Providing appropriate treatment and care for sick or injured animal. Impoundment. The taking into custody of an animal by an animal control officer. Kennel. Any place of business where dogs or cats regardless of number are kept for sale, breeding, boarding or treatment purposes, except an animal hospital, grooming facility or pet shop. The term "kennel" shall include any premises used for residential purposes where four or more dogs or cats four months or older are kept, harbored or maintained for monetary compensation. Licensed veterinarian. Any person who is licensed to engage in the practice of veterinary medicine in the state. Muzzle. A device designed to fasten over the mouth of an animal to prevent the animal from biting any person or other animal. Neglect. Failure to provide food, water, protection from the elements, or other care generally considered to be normal, usual and accepted for an animal's health and well- being. Neutered or spayed. Rendered permanently incapable of reproduction by surgical alteration, implantation of a device, or other physical means, or permanently incapable of reproduction because of physiological sterility as certified in writing by a licensed veterinarian. Owner. Any person, firm, corporation, or organization possessing, harboring, keeping or having control or custody of an animal or, if the animal is owned by a person under the age of 18 years of age, that person's parent or guardian. Owner responsibilities. An animal owner shall adhere [to] and provide at the minimum the following for the animal in their care: Strike through passages are deleted. Underlined passages are added. #2017-O-37 9 (1) Treat an animal in a humane manner and shall provide humane care (which includes, but is not limited to: providing adequate, food, fresh water, shelter, space and veterinary care to maintain the animal's health and to prevent or cure disease) for said animal; (2) The owner must live on the premises with the animal. (3) Any animal that is kept tethered must be attached to a stationary object, not an object that can become mobile. Person. Any natural person or persons, firm, association or corporation. Pet-sitter (nonprofit). A person who, at the consent of the animal owner, provides temporary care for the animal at his or her own residence. Pet-sitting. A person who temporarily cares for an animal at a family member or friend's residence for temporary care without exceeding the maximum number of animals allowed per residence. The temporary placement shall not exceed a period of 30 calendar days. At no time shall a nonprofit pet-sitter receive compensation for this service. Rescue and/or foster families or groups that are approved by Edgewater Animal Services to provide temporary care for homeless animals that may need medical care are not considered pet-sitters and time periods may extend past the allowable time if approved by Edgewater Animal Services. After a period of 30 calendar days, a person who is possessing, harboring, keeping or having control or custody of an animal shall no longer be considered a pet sitter but shall be considered an owner as defined herein. Potentially dangerous animal. An animal with a known propensity or disposition to attack unprovoked or otherwise to threaten the safety of humans and domestic animals. Proper enclosure to confine a dangerous dog. While on the owner's property a dangerous dog is securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the entry of young children and designed to prevent the dog from escaping. Such pen or structure shall have secure sides and a secure top to prevent the dog from escaping over, under or through the structure and shall also provide protection from the elements. Public nuisance animal. Any animal that unreasonably annoys persons, endangers the life or health of persons or other animals, or substantially interferes with the right of persons to enjoyment of life or property. The term shall include, but is not limited to: (1) An animal that damages the property of anyone other than its owner or causes the loss of property; (2) An animal that has bitten a person without provocation; (3) An animal that bites, attacks or wounds another animal without provocation; (4) Any animal that barks, bays, cries, howls or makes any other noise continuously and/or incessantly for a period of ten minutes or barks intermittently for one-half hour or more while not being provoked. However, a dog shall not be deemed a "barking dog" for the purposes of this chapter if at the time the dog is barking or making any other noise a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated or for any other legitimate cause such as the dog is being teased or provoked. Strike through passages are deleted. Underlined passages are added. #2017-O-37 10 (5) An animal that chases motor vehicles in a public right-of-way; (6) An animal that is not under restraint as defined in this section; (7) A dangerous animal; (8) Any animal that damages, urinates or defecates on public or private property as prohibited by section 5-12; (9) Any animal that is repeatedly found running at large; (10) Any animal that causes fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; (11) Any animal in heat that is not confined so as to prevent attraction or contact with other animals as set forth in section 5-20; (12) Any animal, whether or not on the property of its owner, that without provocation molests, attacks, or otherwise interferes with the freedom of movement of persons in a public right-of-way; and (13) Any animal that causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored. Sanitary. A condition of good order and cleanliness to minimize the possibility of disease transmission. Severe injury. Any physical injury that results in broken bones, multiple bites or disfiguring lacerations requiring sutures or reconstructive surgery. She/her. The feminine gender shall include the masculine gender and the masculine gender shall include the feminine gender unless the context requires otherwise. Shelter. A secure weather-resistant structure which protects an animal from exposure to the elements and which is a minimum of six inches higher than the animal's height at full stand with head erect, one and one-half [times] the animal's full body length, and with sufficient width to permit the animal to turn around. Spay/neuter contract. Contract between owner and purchaser guaranteeing the animal has been or will be spayed/neutered. Stray. Any unlicensed and unattended animal off the premises of its owner. Sterilized. Rendered permanently incapable of reproduction by surgical alteration, implantation of a device, or other physical means, or permanently incapable of reproduction because of physiological sterility as certified in writing by a licensed veterinarian. Unaltered/unsterilized. Any animal that has not been spayed or neutered. Unprovoked. When a victim has been conducting himself peacefully and lawfully and has been bitten or chased in a menacing fashion or attacked by an animal. Vaccinated. An animal that has been administered a current rabies vaccine. Strike through passages are deleted. Underlined passages are added. #2017-O-37 11 Wildlife. Any indigenous or free-roaming animal (i.e., raccoon, opossum, armadillo, squirrels, feral cats). Wildlife hybrid. Any offspring of any wildlife or hybrid bred with a dog or cat or an animal which is represented as a hybrid by its owner. Sec. 5-3. - Animal control officers. (a) Animal control officers shall be the enforcement officials for this chapter and in that regard are authorized to investigate, on public or private property, violations of this chapter, impound animals, issue warnings and citations, and take other lawful actions as provided herein to enforce the provisions of this chapter. During an investigation, the animal control officer may request the owner to exhibit the animal, and, if applicable, the license of such animal. (b) Animal control officers are not authorized to enter into any dwelling unit, structure or fenced enclosure for purposes of investigation, but may enter into a fenced enclosure to impound any animal known or suspected of biting or scratching any person or any animal infected with or showing symptoms of rabies. (c) Animal control officers are not authorized to bear arms or make arrests. However, animal control officers may carry a device to chemically subdue and tranquilize an animal, provided that the animal control officer has successfully completed a minimum of 16 hours of training in marksmanship, equipment handling, safety and animal care and can demonstrate proficiency in chemical immobilization of animals in accordance with guidelines prescribed in the Chemical Immobilization Operational Guide of the American Humane Association. Sec. 5-4. - Interfering with animal control officers. It shall be a violation of this chapter for any person to interfere with, hinder, resist, or obstruct an animal control officer in the performance of his or her duties or to release or remove any animal from the custody of an animal control officer. Sec. 5-5. - Animal control documents. The following documents shall be maintained by the animal control division: (1) Accurate and detailed reports and records of the licensing, impoundment and disposition of all animals coming into the custody of an animal control officer; (2) Accurate and detailed records of all reported bite cases and investigations for a minimum of three years; and (3) Accurate records of all license certificates. (4) A log containing the date, time, location and description of animal carcasses discovered on public property in accordance with section 5-21 herein. Strike through passages are deleted. Underlined passages are added. #2017-O-37 12 Sec. 5-6. - Animal control board Special Magistrate. (a) Creation, powers and duties. The animal control board (hereafter ACB) Special Magistrate is hereby created and shall exercise the following powers and duties under this chapter: (1) Hear appeals of the initial determination of an animal control officer classifying a dog as dangerous pursuant to F.S. § 767.12. (2) Hear appeals regarding the confiscation of a dog to be destroyed pursuant to F.S. § 767.13. (3) To hear appeals relating to the issuance of a notice of revocation regarding an unaltered animal permit pursuant to section 5-37. (4) To subpoena alleged violators and witnesses to its hearings. The sSubpoenas may shall be served by any law enforcement officer of the city or as otherwise permitted by law the Edgewater Police Department. (5) To take testimony under oath. (6) To issue orders having the force of law to command whatever steps are necessary to address the appeal. Such orders may require: a. Obedience training to the animal in question. b. Muzzling of an animal while off the property of the owner. c. Confinement of an animal indoors. d. Confinement of an animal in a secure enclosure. e. Reduction of the number of animals kept in any one location. f. The sterilization of an animal. g. Any other measure or sanction designed to protect the health and safety of the public. (b) Membership: Appointment, removal, terms, vacancies and qualifications. (1) The ACB shall be composed of five members. Whenever possible, the membership shall include a licensed veterinarian, a member from the holding or impounding facility currently owned or under contract with the city, a dog owner, and a cat owner. No city employee shall be a member of the ACB. (2) Each member of the ACB shall be a resident of the city unless no qualified resident candidate applies. (3) ACB members shall serve on no other city board or committee. (4) Members of the ACB shall be appointed by the city council for a term of three years without compensation but may receive travel and other necessary expenses while on official business of the ACB. (5) If a member of the ACB has three consecutive unexcused absences at regular Strike through passages are deleted. Underlined passages are added. #2017-O-37 13 meetings during any calendar year, said member shall forfeit the office. The city council shall fill the office for the remainder of the unexpired term. (6) A member of the ACB may be removed for cause by the city council at any time. (7) No member of the ACB shall appear for or represent any person in any matter before the ACB other than himself or herself. (8) No past member of the ACB shall appear before the ACB except when representing himself or herself for a period of 12 calendar months after his or her service has ended. Sec. 5-7. - City designated as bird sanctuary. All lands within the corporate limits of the city are hereby declared to be and designated as a bird sanctuary. It shall be unlawful for any person to intentionally kill, trap or injure any bird within said area. It shall be unlawful to establish, maintain or keep a bird aviary within 100 feet of any structure used for human habitation or work. This does not apply to a bird inside an owner's dwelling or a permitted business with the appropriate licensing to permit such activity. Sec. 5-8. - Animals prohibited. Unless it is provided in an approved Planned Unit Development (PUD) Agreement, It it shall be unlawful for an owner to keep or permit to be kept within the city any horses, hogs, Vietnamese pot-bellied pigs, sheep, goats, bees, cattle, chickens, or other farm animals, and any animal from the wild, unless said species are both kept on property appropriately zoned and lawfully permitted, if necessary, by the Florida Fish and Wildlife Conservation Commission. All venomous snakes permitted by the Florida Fish and Wildlife Conservation Commission shall also be required to register with the city's animal control division. The prohibition contained herein applicable to horses, hogs, Vietnamese pot-bellied pigs, sheep, goats, bees, cattle, chickens, or other farm animals, unless it is provided in an approved Planned Unit Development (PUD) Agreement, shall not apply to any property within the city that either: (1) Maintains an agricultural property designation with the Volusia County Property Appraiser's office as [of] June 15, 2009; or (2) Was previously zoned for agricultural purposes and proof is made to the city that such species resided and existed on the property prior to any zoning change and have continuously resided and existed on the property since the zoning change. A residential premises shall not exceed a maximum number of five dogs or cats, or a combination thereof, and must provide proof from a licensed veterinarian that each dog or cat has been sterilized. Any premises that harbors an unsterilized dog or cat over six months of age must obtain a breeders permit, an unaltered animal permit or both (those that are applicable under the circumstances). Sec. 5-9. - Reserved. Strike through passages are deleted. Underlined passages are added. #2017-O-37 14 Sec. 5-10. - Feeding of wildlife prohibited. It shall be unlawful for anyone to feed, entice, shelter or encourage any wildlife, including feral cats as defined in section 5-2, or as otherwise prohibited by state law. Sec. 5-11. - Wildlife hybrids prohibited. (a) It shall be unlawful to own, harbor, keep, transport, sell or breed any wildlife hybrid of the family canis or felis or breed any wildlife with a dog or cat unless the owner or breeder is in possession of a permit issued by the Florida Fish and Wildlife Conservation Commission ("FWC") authorizing such activity. This prohibition shall not apply to such animals who are within the corporate limits of the city prior to August 1, 1997, as long as they can provide proof of such residence and existence of that permitted animal prior to that date. However, the keeping or maintenance of any such animals shall be subject to such regulations as the city council may enact. (b) All wildlife hybrids not exempted from the provisions of this section shall be deemed contraband and shall be delivered to a person possessing an appropriate state permit, an animal control officer or the holding or impounding facility currently under contract with the city for services or one that is designated from time to time by the city. Sec. 5-12. - Animals defecating on public or private property prohibited. (a) No owner of any animal shall cause or allow such animal to defecate on any public or private property other than that of the owner unless such owner immediately removes and disposes of all feces deposited by such animal by the following methods: (1) Collection of the feces by appropriate implement and placement in a container; (2) Removal of such container to the property of the owner and disposition thereafter in a manner consistent with applicable laws. (b) No owner shall permit any waste matter from an animal to collect and remain on the property of the owner or on the property of others so as to cause or create an unhealthy, unsanitary, dangerous or offensive living condition. (c) No owner shall cause unsanitary, dangerous or offensive conditions by virtue of the size or number of animals maintained at a single location or due to the inadequacy of the facilities. (d) The owner of any animal shall keep his own property free of animal excrement to the extent that is necessary to prevent noxious or offensive odors from escaping onto adjacent property or public rights-of-way. Sec. 5-13. - Animals prohibited in parks and on beaches. No animal shall enter into or on any public park or beach in the city unless such park or beach is designated and posted by the city as an animal park. This provision shall not apply to animals assisting disabled persons or dogs being used by law enforcement officials for law enforcement activities. Strike through passages are deleted. Underlined passages are added. #2017-O-37 15 Sec. 5-14. - Running at large prohibited. (a) Prohibition of animals at large. (1) No owner shall permit, either willfully or through failure to exercise due care and control, any animal to run at large off the premises of the owner as defined in section 5-2. (2) Upon finding an animal at large, an animal control officer may issue a warning or in his/her discretion, a citation for such violation or, alternatively, if the owner cannot be identified and located with reasonable effort, such animal may be seized and impounded. (b) Seizure of at large animals; harboring and finder ownership. (1) When an animal is at large on private property, the animal may be seized by the property owner or tenant in a humane manner. The animal shall be delivered to an animal control officer, or the city's designated holding or impounding facility within two business days unless the person seizing the animal wishes to keep the animal as his/her own. If the person seizing the animal wishes to keep the animal, he/she shall notify the animal control officer who shall attempt to determine ownership of the animal. If no owner is found within three calendar days, the finder shall be conclusively presumed to be the owner of such animal. (2) Any person seizing an animal and then delivering the animal to an animal control officer, the designated holding or impounding facility shall do so at his/her own risk. Upon delivery the finder shall sign a delivery document stating the date, time and location where the animal was found and a description of the animal. (3) If the ownership of a found animal is in dispute, the person claiming previous ownership of the found animal must provide the finder with proof of ownership in order to successfully reclaim the animal. Such proof may include documentation of prior veterinary records of such animal and/or identifying photographs. (4) Any person who seizes an animal pursuant to this section shall exercise utmost care to treat the animal humanely and to avoid inflicting any cruelty, injury, sickness, hunger or other ailment or affliction upon the animal during either the seizure or delivery of the animal. Any person unable to comply with this section shall not seize an animal. Sec. 5-15. - Animals under restraint. While on or off the property of the owner, it shall be the duty of every owner to keep the animal under restraint and control as defined in section 5-2. Sec. 5-16. - Restraint of guard dogs. (a) Every owner of a guard or attack dog shall keep such dog confined in a building, compartment or other enclosure. Any such enclosure shall be completely surrounded by a fence Strike through passages are deleted. Underlined passages are added. #2017-O-37 16 at least six feet in height and shall be topped with an anti-climbing device constructed of angle metal braces with at least three strands of equally separated barbed wire stretched between them. (b) All anti-climbing devices shall extend inward at an angle of not less than 45 degrees nor more than 90 degrees when measured from the perpendicular. (c) The area of confinement shall have all gates and entrances securely closed and locked and all fences properly maintained and escape proof. (d) The area of confinement shall be posted at all gates and along each outside boundary with appropriate warning signs showing "warning bad dog" along with a picture of a "bad dog". (e) The provisions of this section shall not apply to dogs owned or controlled by government law enforcement agencies. Sec. 5-17. - Public nuisance animals prohibited. It shall be a violation of this chapter for an owner to allow an animal to become a public nuisance animal as defined in section 5-2 or for an owner to keep a public nuisance animal. Sec. 5-18. - Poisoning or trapping of animals. (a) An animal control officer may set box or live-cage traps for animals which have allegedly bitten a person or another animal, for public nuisance animals or for the purpose of humane rescue in the interest of the animal itself as determined by an animal control officer. Traps shall not be set during hours when an animal control officer is unavailable to retrieve or release a captured animal. A trap shall be checked a minimum of once every eight hours by an animal control officer or the person requesting the trap. Any person who requests a trap for an animal destroying property shall: (1) Fill out the appropriate documentation/agreement with the animal control division; (2) Pay a fee, if applicable as established by resolution of the city council; (3) Adhere to the policies and requirements for obtaining such trap from the animal control division; and (4) The person requesting the trap shall immediately notify an animal control officer when an animal is captured. (b) Except for the trapping of rats, mice and crabs, the trapping of animals by persons other than an animal control officer or without a permit from the Florida Fish and Wildlife Conservation Commission ("FWC") is prohibited. Animal control officers are authorized to confiscate any trap used in violation of this section. (c) No person shall leave or deposit any poisonous or injurious substance of any kind on public or private property which would injure or kill an animal except as set forth below: (1) When contracting the services of a professional, licensed exterminator for moles only commercial mechanical devices intended for that purpose shall be used. Strike through passages are deleted. Underlined passages are added. #2017-O-37 17 (2) Products, substances or poisons which are completely enclosed in a tamper- resistant or tamper-proof bait station accessible only to rats and mice. (d) Professional trappers or trappers for hire not retained by the city shall obtain a business tax receipt and certificate of use (if applicable), register with an animal control officer and adhere to all requirements contained in this section. Sec. 5-19. - Cruelty to animals prohibited. (a) It shall be unlawful for an owner to by act or omission inflict cruelty on an animal. (b) No owner shall abandon an animal. (c) It shall be unlawful for any person to strike, beat, abuse or intentionally run down with a vehicle any animal, or otherwise engage in any act to cause or inflict unnecessary pain, injury, suffering or death upon such animal. However, reasonable force may be used to drive away vicious or trespassing animals. Sec. 5-19.1. – Animal neglect prohibited. (a) It shall be unlawful for any person to neglect any animal as defined in Section 5-2. Sec. 5-20. - Female animals in heat. An owner of a female animal in heat must be in compliance of section 5-37 (Mandatory spay and neuter) and have complied with the requirements to hold an unaltered animal permit for said female animal. It shall be a violation of this chapter for the owner of any female animal in heat to fail to keep the animal confined in a building or secure enclosure, veterinary hospital or boarding kennel in such a manner that the female animal cannot come in contact with another animal except for controlled and intentional breeding purposes. Any female animal not confined as herein provided shall be impounded and shall not be redeemed during the period of heat. Such animal shall be redeemed in accordance with the provisions of section 5-41. Sec. 5-20.1. - Attempting to breed. An unsterilized male animal attempting to breed with a female in heat who is in compliance of section 5-20 (Female animals in heat) and section 5-37 (Mandatory spay and neuter), shall be found in violation of section 5-14 (Running at large prohibited), [and] section 5-37 (Mandatory spay and neuter) and shall also be in violation of this section. Sec. 5-21. - Disposition of dead animals. (a) When any animal dies for any reason other than rabies or a suspicion of rabies, the owner shall immediately dispose of the carcass of such animal by burying it at least three feet below the surface of the ground. If the animal dies as a result of rabies or if rabies is suspected, the carcass shall be surrendered to the animal control officer pursuant to section 5-54. Strike through passages are deleted. Underlined passages are added. #2017-O-37 18 (b) When an animal control officer discovers a dead animal on private property, the animal control officer shall provide written notice to the owner, ordering the owner to dispose of the carcass within 24 hours. If the owner fails to comply or cannot be located, the animal control officer shall dispose of the carcass and shall bill the owner for the cost of disposal. (c) When an animal control officer discovers a dead animal on public property, the animal control officer shall dispose of the carcass and make a reasonable effort to identify and notify the owner of the animal. (d) A log shall be maintained by the animal control division listing the date, time and location where a carcass was discovered and a description of the animal for the purpose of providing information to owners seeking information on missing animals. Sec. 5-22. - Animals transported in vehicles. Any animal transported in any open vehicle shall either be within a cage, crate or pen which is well-ventilated and secured within the body of the vehicle or restrained by a tether affixed to the center of the vehicle and attached to the collar or harness of the animal so as to prevent the animal from escaping or causing injury to itself or any person. The tether shall be short enough to prevent the animal's head from reaching the sides or back of the vehicle. Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, sheep, poultry or other agricultural livestock in trailers or other vehicles designated and constructed for such purposes. Sec. 5-23. - Duties of driver when vehicle strikes animal. Any operator of a motor vehicle who strikes an animal shall immediately report such injury or death to the animal's owner. In the event the owner cannot be located, the motor vehicle operator shall report the accident as soon as possible to an animal control officer. Sec. 5-24. - Dogs and cats transported or offered for sale or gift. Any dog or cat transported into the city for sale or offered in the city for sale or gift shall be subject to the health requirements set forth in F.S. § 828.29. City-operated or county-operated animal control agencies and registered, nonprofit humane organizations shall be exempt from the provisions of this section. Secs. 5-25—5-29. - Reserved. Strike through passages are deleted. Underlined passages are added. #2017-O-37 19 ARTICLE II. - VACCINATIONS, LICENSES AND PERMITS Sec. 5-30. - Vaccination of dogs, cats and other animals. All dogs, cats, ferrets and other animals that a veterinarian would normally vaccinate, four months of age or older, must be vaccinated by a licensed veterinarian against rabies with a vaccine that is licensed by the United States Department of Agriculture for use in those species. The owner of every dog, cat, ferret and other animal shall have that animal revaccinated 12 months after the initial vaccination. Thereafter, the interval between vaccinations shall conform to the vaccine manufacturer's directions. The cost of vaccination must be borne by the animal's owner. Evidence of circulating rabies virus neutralizing antibodies shall not be used as a substitute for current vaccination in managing rabies exposure or determining the need for booster vaccinations. Sec. 5-31. - License required. Every person who owns a dog, cat, ferret or other animal over the age of four months within the city shall annually obtain a license for such animal from the city's animal control division no later than January 1 of each year. Expiration date of the annual license is December 31. Any renewal notice may be placed in a newspaper of general circulation or newsletter that is distributed to all residents. (1) Application. Application for such license shall be made by the owner within ten days after acquiring any dog, cat, ferret or other animal over four months of age or within ten calendar days after a dog, cat, ferret or other animal becomes four months of age. The application shall be in such form and shall require such information and documentation as shall from time to time be prescribed by the animal control division. Any owner moving to the city for the purpose of establishing residence or becoming a resident as a result of annexation shall have until ten calendar days after moving or annexation to obtain a license. (2) Proof of rabies vaccination required. All owners applying for a license must present a current official rabies certificate issued by a licensed veterinarian. (3) Proof of sterilization. Any owner claiming that his or her dog, cat, ferret or other animal has been spayed or neutered must present certification from a licensed veterinarian showing that such operation has been performed. (4) Payment of license fee. A license fee shall be paid at the time of application. The license fee shall be established by resolution of the city council and shall provide for a reduced fee for sterilized animals. (5) Exemption from license fee. License fees shall not be required for dogs utilized to assist the disabled, Seeing Eye dogs, government police dogs or dogs belonging to a nonresident of the city and kept within the boundaries of the city for not longer than 30 calendar days. All dogs of nonresidents shall at the time of entry into the city be properly vaccinated against rabies, and while kept within the city meet all other requirements of this chapter. Any owner claiming a licensing exemption has the burden of proving to the satisfaction of the city that the dog, cat, ferret or other animal in question is entitled to such exemption. Strike through passages are deleted. Underlined passages are added. #2017-O-37 20 (6) Administrative fee. Any licensed veterinarian that dispenses license tags on behalf of the city, shall be allowed to deduct an administrative fee in the amount established by resolution of the city council. (7) Breeder permit. An owner must obtain an annual permit through city's animal control division for: a. An adult animal intended for breeding purposes. b. Any premises that harbors more than one unaltered dog or cat over six months of age. Sec. 5-32. - License tag and breeder permit tag. (a) License tag. Each dog, cat, ferret or other animal licensed as provided for in section 5-31 shall be issued a metallic license tag. Such tag shall have a license identification number which corresponds to the number on the license certificate. The color of the metallic license tag shall be different than that of the breeder permit tag. (b) Breeder permit tag. Persons breeding animals shall register and be issued a separate breeder permit tag upon completion and approval of the breeder permit application process through animal control. Each breeder permit tag shall have a license identification number which corresponds to the number on the breeder permit. The color of the metallic breeder permit tag shall be different than that of the license tag. Breeder permit tags shall be valid for one year from the date of issuance and for only one animal. Breeders will be required to obtain the appropriate business tax receipt from the city to operate business as a breeder. Sec. 5-33. - License tag and rabies tag to be attached to collar or harness of animal. The city metallic license tag and rabies tag shall be attached to the collar or harness of the animal which shall be worn at all times that the animal is off of its registered property. Sec. 5-34. - Issuance of duplicate tag. In the event of loss or destruction of the metallic license tag, the owner shall obtain a duplicate tag. The duplicate tag shall be issued at a cost established by resolution of the city council. Sec. 5-35. - Exceptions to vaccination requirements. No dog or cat shall require vaccination if: (1) A licensed veterinarian has examined the animal and certified that at such time vaccination would endanger its health because of its age, infirmity, debility, illness or medical consideration; and (2) A certificate evidencing such exception is presented to the city. An exemption, animal shall be vaccinated against rabies as soon as its health permits. Strike through passages are deleted. Underlined passages are added. #2017-O-37 21 Sec. 5-36. - Breeding facilities and kennels. The owner of a breeding facility must be in good standing and have registration privileges intact with the appropriate national animal registry. The owner must have three years' documented experience in show clubs and participation in show trials. (a) Residential areas. (1) No person shall establish or maintain animal breeding on their residential premises without first obtaining an annual breeder permit and license tag for each unsterilized adult animal intended for breeding purposes. The license fee shall be established by resolution of the city council. (2) Any animal intended for breeding must be a household pet and reside primarily inside the residence. (3) At no time will the total number of adult animals exceed three per licensed breeder residence. (4) The offspring of the animals bred may be sold by the owner upon compliance with all city, county and state requirements. (5) There shall be only one species of dog or cat bred at any licensed breeder residence. There shall be no more than one litter produced per year per animal with a maximum of two litters per breeder residence per year. (6) For protection and identification, all breeding animals will be identifiable by either a tattoo or implant device. An implant scanner must be on the premises if an implant device is used. (7) Any person who is a breeder shall obtain an annual business tax receipt and certificate of use for their business. (b) Kennels. (1) Kennels shall be located in compliance with the Edgewater Land Development Code and the owner shall be required to obtain an annual business tax receipt and certificate of use for their business. (2) Kennel owners must live on the premises. (3) No person shall establish or maintain animal breeding in a kennel without first obtaining an annual breeder permit and license tag for each unsterilized adult animal intended for breeding purposes. (4) For protection and identification, all breeding animals will be identifiable by either a tattoo or implant device. An implant scanner must be on the premises if an implant device is used. (5) A boarder shall not reside in a kennel for more than three weeks per visit, nor more than 45 calendar days annually. (c) Breeder responsibilities. It shall be a violation of this chapter for breeders to fail to: Strike through passages are deleted. Underlined passages are added. #2017-O-37 22 (1) Maintain accurate records of all animals produced by breeding and a record of their final disposition. (2) Display an appropriate breeder license tag number in all advertising. (3) Supply the new owner with the breeder license tag number, information on the importance of spaying and neutering, and the requirements of this chapter. (4) Immunize all dogs or cats offered for sale, trade, other consideration or given away as required by F.S. § 828.29. (5) Offer a spay/neuter contract and follow up on the contract. (6) Guarantee to accept return of offspring for any reason. (d) Indoor facilities for breeding and kennels. (1) Facilities must be maintained with temperature, ventilation and lighting suitable for each breed of animal housed. (2) The facilities must provide adequate shelter from the elements and be kept clean, dry and maintained regularly so as to promote proper health for the animals being kept. Food must be fresh, wholesome, palatable, nutritionally adequate and offered to each animal at least once daily. Water must be fresh and available at all times. All animals shall be provided proper and necessary veterinary care. (3) Interior building surfaces of any indoor facility shall be constructed and maintained so that they are impervious to moisture and can be readily sanitized. (4) If drains are used, they shall be properly constructed and kept. (5) Cages, kennels and runs must have enough space for animals to lie down, stand, sit and stretch without touching the sides or top. Dogs shall be exercised a minimum of 30 minutes twice daily. (6) Concrete floors and runs must have a resting board and cages must have bedding. Insulated bedding materials shall be provided during inclement weather extremes. (7) All facilities shall be constructed and maintained in compliance with all applicable building and technical codes. (8) Housing areas shall be illuminated during the daylight hours if sunlight does not shine into the cages. (9) All cages shall be constructed of impervious porous materials and shall have floors of either solid construction or metal grid construction. Cages having metal grid floors may be used provided the grid size is smaller than the pads of the feet of the animals confined therein. No cages shall be enclosed entirely by solid walls. Stack cages must have solid floors and if drains are used, they shall be properly constructed and kept in good repair to avoid foul odors. Strike through passages are deleted. Underlined passages are added. #2017-O-37 23 (e) Outdoor facilities for breeding and kennels. (1) Shelter. Sufficient shade shall be provided to afford all animals protection from direct sunlight. Sufficient cover shall be provided to protect all animals form rain. Shelter shall be provided for all animals when the ambient temperature falls below 50 degrees Fahrenheit. Sufficient clean bedding material or other means of protection from the elements shall be provided when the ambient temperature falls below that temperature to which the animals are acclimated. (2) Cleaning of enclosures. Excreta shall be removed from enclosures as often as necessary to prevent contamination of the animals contained therein and to reduce disease hazards and odors. When a hosing or flushing method is used for cleaning an enclosure any animal contained therein shall be removed from such enclosure during the cleaning process and adequate measures shall be taken to protect the animals in other such enclosures from being contaminated with water and other waste. A suitable method shall be provided to rapidly eliminate any excess water. (3) Sanitation of enclosures required. Prior to the introduction of animals into empty enclosures previously occupied, such enclosures shall be sanitized. Enclosures for animals shall be sanitized often enough to prevent an accumulation of debris or excreta or a disease hazard; provided, however, such enclosure shall be sanitized at least once per week. (4) Method of sanitation. Cages, rooms and hard-surfaced pens or runs shall be sanitized by washing them with hot water and soap or detergent or by washing all soiled surfaces with a detergent solution followed by a safe and effective disinfectant, or by cleaning all soiled surfaces with live steam. Pens or runs using gravel, sand or dirt shall be sanitized by removing the soiled gravel, sand or dirt and replacing it as necessary. (5) Pest control. An effective program for the control of insects, ectonarasites and avian and mammalian pests shall be established and maintained. (f) Inspections and enforcement. Annual inspections of breeding facilities and kennels shall be conducted by the animal control officer. An animal control officer may, without notice, inspect breeding facilities and kennels in the investigation of a complaint against such facility. Sec. 5-37. - Mandatory spay and neuter. (a) Purpose. The unintended or uncontrolled breeding of dogs and cats within the city leads to many becoming unwanted strays, suffering privation, constituting a public nuisance and health hazard and can result in death. The unintended or uncontrolled breeding results in numerous animals being impounded and euthanized at great expense to the community. It is, therefore, declared that every feasible means of reducing the number of unwanted dogs, cats, puppies, and kittens be encouraged. (b) Spaying, neutering of dogs and cats. (1) Requirement. No person may harbor a dog or cat six months of age or older Strike through passages are deleted. Underlined passages are added. #2017-O-37 24 within the city that has not been spayed or neutered unless such person holds an unaltered animal permit for each unaltered dog or cat, unless the dog or cat is otherwise exempt under this section. (2) Unaltered animal permit. a. Qualifications. An owner of an unaltered dog or cat shall qualify for an unaltered animal permit if one of the following is satisfied: 1. Shows and competitions. The dog or cat is used to show, to compete or to breed, which is of a breed recognized by and registered with the American Kennel Club (AKC), United Kennel Club (UKC), American Dog Breeders Association (ADBA), Cat Fanciers' Association (CFA), or other bona fide registry and meets one of the following requirements: i. The dog or cat has competed in at least one show or sporting competition sanctioned by a bona fide national registry within the last 365 calendar days; ii. The dog earned conformation, obedience, agility, carting, herding, hunting, protection, rally, sporting, working or other title from a purebred dog registry, referenced above, or other registry or dog sport association; or iii. The owner of the dog or cat is a member of, and the dog or cat is registered with, a bona fide purebred dog breed club or cat fancier's association, which maintains and enforces a code of ethics for dog or cat breeding that includes restrictions from breeding dogs or cats with genetic defects and life-threatening health problems that commonly threaten the breed, or the owner signs a statement under oath attesting that the dog or cat is being trained to comply with subsections i. or ii., above. 2. Medical fitness. A veterinarian licensed in the state certifies in writing that a dog or cat is medically unfit to undergo the required spay or neuter procedure because of a medical condition, including, but not limited to, age, would be substantially aggravated by the procedure or would likely result in the death of the dog or cat. The certification must state the date, if any, by which the dog or cat may be spayed or neutered. As soon as the medical condition that prevents a dog or cat from being spayed or neutered ceases to exist, it shall be the duty of the owner to have it spayed or neutered within 30 calendar days. 3. Law enforcement. The dog is currently used by a law enforcement agency for law enforcement purposes or is part of a bona fide law enforcement animal breeding program. The owner shall comply Strike through passages are deleted. Underlined passages are added. #2017-O-37 25 with this article relating to breeder permits, facilities, etc. 4. Service animals. A dog or cat that is a service animal as defined in this chapter, 28 CFR 36.104 and F.S. § 413.08 or is part of a bonafide service animal breeding program. The owner shall comply with this article relating to breeder permits, facilities, etc. 5. Breeders. The owner demonstrates to the animal control division proof of a breeding contract for a particular dog or cat, membership in a bona fide national, state or local organization for the perpetuation of a given breed of dog or cat, or proof of a litter produced by breeding of the dog or cat within the last 365 calendar days. 6. Hunting and herding dogs. The dog is currently used as, or trained to be, hunting or herding dog and the dog is registered with a bona fide national, state or local hunting or herding dog association. Alternatively, the owner of the dog signs a statement under oath attesting that the dog is used, trained, or will be trained to be a hunting or herding dog. None of the aforementioned qualifications shall be construed to authorize the breeding or harboring of dogs or cats in violation of the Zoning Code of the City, or exempt the owner or their dog or cat from any other provisions of this chapter. b. Deadline. A dog or cat governed by this section shall be spayed or neutered by its owner or, if eligible, the owner shall obtain an unaltered animal permit within 30 calendar days of the dog or cat becoming six months of age, or by September 1, 2011, whichever is later in time, or, in the case of an owner whom acquired a dog or cat after it becoming six months of age, 30 [days] of acquisition. c. Microchipping. As a condition to obtaining an unaltered animal permit, an eligible dog or cat must be implanted with an identifying microchip and the owner must provide the microchip number to the animal control division. This requirement shall not apply to hunting or herding dogs. d. Place of residence. The address of the owner shall be presumed to be the residence of the dog or cat. All changes of address must be reported to the animal control division within 30 calendar days following such change. e. Change in ownership. A permit holder shall notify the animal control division and the national registry applicable to the implanted microchip in writing of any change in ownership of a dog or cat within 30 calendar days. f. Term of permit. An unaltered animal permit shall be valid for the life of the dog or cat. Strike through passages are deleted. Underlined passages are added. #2017-O-37 26 g. Revocation. Upon receipt of information of violation of this section, the animal control division may issue a notice of revocation to a permit holder. The notice of revocation shall provide a summary of the information of the violation and shall be sent by certified mail, return receipt requested, hand delivery by a police officer, or animal control officer, or upon posting of the property at the address listed in the permit application. Any request for hearing shall be filed by the permit holder with the animal control division within ten calendar days after the permit holder's receipt of said notice. The permit holder shall set forth the reasons why the permit holder believes the revocation would be an error. Failure to timely request a hearing shall render the revocation final. All hearings shall be conducted by the Special Magistrate animal control board within 30 calendar days after the receipt of a request for hearing and in accordance with section 5-6. The original of the board's written decision shall be filed with the animal control division and copies shall be mailed to the city attorney and permit holder. The original of the board's written decision shall be filed with the animal control division and copies shall be mailed to the city attorney and permit holder. h. Penalty. Any person who violates any provision of this section is subject to the enforcement procedures and penalties of this chapter. These penalties shall not preclude the issuance of a notice of revocation to a holder of an unaltered animal permit for violations of this section. (3) Exemptions. A dog or cat that meets the following criteria shall be exempt from this section and not be required to obtain an unaltered animal permit: a. A dog or cat temporarily harbored within the city for less than 30 calendar days within any calendar year. (4) Fee. A permit fee shall be paid at the time of application. The unaltered/unsterilized animal permit fee shall be established by resolution of the city council. Secs. 5-38, 5-39. - Reserved. ARTICLE III. - IMPOUNDMENT Sec. 5-40. - Impoundment. (a) Animals subject to impoundment. An animal control officer shall have the authority to pick up, capture, catch, procure and impound in a holding facility any animal found on public or private property under the following conditions: (1) Any animal suspected or believed to be infected with rabies or any infectious disease. An animal suspected of having or exhibiting symptoms of rabies or an Strike through passages are deleted. Underlined passages are added. #2017-O-37 27 infectious or contagious disease shall be segregated from other animals. (2) Any animal not licensed or permitted as provided for in this chapter. (3) Any animal running at large. (4) Any animal constituting a public nuisance. (5) Any animal that has been or is being mistreated. (6) Any lost, abandoned or unattended animal. (7) Any dog that appears to be running in a pack. For the purposes of this section a pack shall mean three or more dogs. (8) Any dangerous animal not in compliance with the written notification of their classification. (9) Any animal being considered for dangerous animal classification. (10) Any female animal in heat which is not property properly confined by its owner pursuant to section 5-20. (11) Any wildlife hybrid for which the owner does not have a proper permit. (12) Any animal that is in violation of any quarantine or confinement order of an animal control officer. (13) Any unattended animal that is ill, injured or otherwise in need of care. (14) Any animal that a court of competent jurisdiction has ordered impounded or destroyed. (b) Incapacity of owner. If the owner of an impounded animal is incarcerated or otherwise rendered temporarily unable to care for the animal, the impounding facility or shelter having custody of the animal will hold the animal up to three days. During this three-day period, all reasonable means will be utilized in an attempt to contact the owner to make arrangements for care of the animal impounded. If no arrangements are made, custody will then revert to the city's animal shelter for adoption or euthanasia if necessary. (c) Sterilization. Any animal impounded three two times within a 12-month period must be sterilized prior to return to its owner. Sterilization will be at the owner's expense. Any animal determined by a licensed veterinarian and the city's animal services division to be at risk of unintended adverse effects from the sterilization procedure is exempt from this section. Sec. 5-41. - Disposition of impounded animals. (a) When an animal bears an indicia of ownership or whenever the owner of an impounded animal can be determined, the animal control officer shall notify the owner of the animal's impoundment by the most expedient means, i.e., telephone message, posted written notice, or certified mail, return receipt requested. (b) If an animal is not claimed within three days after impoundment, the animal shall be deemed unowned or abandoned and shall be disposed of pursuant to the requirements of this Strike through passages are deleted. Underlined passages are added. #2017-O-37 28 chapter and the rules and regulations of the impounding facility. (c) The final day of the impoundment period shall only occur on a day in which the impounding facility is open for normal operating activities. Upon proof of ownership, payment of any impoundment fees, and the procurement of any required vaccinations and tags, the owner of an impounded animal is entitled to resume possession. However, in the event that an animal has been impounded due to cruelty, mistreatment or public nuisance, the owner shall only be entitled to redemption of the animal after the animal control officer authorizes such redemption. Proof of ownership may include a license receipt, affidavits of neighbors, photographs or other reliable documentary evidence. (d) Upon determination of cruelty, abuse, neglect or abandonment, the animal control officer may impound an animal for a period in excess of three days. In that case, the impounding facility shall not dispose of the animal until so directed by the animal control officer. (e) Any unclaimed animal shall become the property of the impounding facility after the three-day hold period, and may be humanely destroyed, maintained or disposed of by gift, sale or adoption pursuant to the requirements of this chapter and the rules and regulations of the impounding facility. (f) The impoundment period may be waived for any animal (including feral cats) that appear to be injured, ill or a danger to themselves or others. (g) The impoundment period may also be waived for all avians, reptiles, venomous snakes and any other exotic animal unable to be safely impounded by the city, as determined by the animal control officers. Secs. 5-42—5-49. - Reserved. ARTICLE IV. - RABIES Sec. 5-50. - Animals infected with rabies; reporting requirements. (a) It shall be the duty of the owner and any person knowing of any animal infected with or showing symptoms of rabies or any unusual behavior to report the same immediately to an animal control officer. (b) It shall be the duty of any person bitten or scratched or having knowledge of or treating any person bitten or scratched by any animal to immediately report the fact of such bite or scratch to the animal control officer. It shall be the duty of any person knowing of or treating any animal bitten by another animal having or suspected of having rabies to report those facts immediately to an animal control officer. Sec. 5-51. - Duties of animal control officer. (a) When an animal control officer is informed that an animal has bitten or scratched a person or that an animal is suspected of having or showing symptoms of rabies, any other infectious or contagious disease or any unusual behavior, the animal control officer shall: (1) Capture such animal. In the capture of such animal the animal control officer shall Strike through passages are deleted. Underlined passages are added. #2017-O-37 29 not kill such animal unless in its capture a clear and present danger of harm or injury to the animal control officer or other persons exists. Such animal shall be placed in quarantine for observation for a period of at least ten days from the date of the bite or scratch. The owner of such animal shall relinquish possession of the animal for the purpose of quarantine. (2) Detach without mutilation and send to a state board of health laboratory for pathological examination the head of any wild animal or any animal tamed from a wild environment, which has bitten or scratched any person, if in the opinion of the animal control officer such injury was the result of an aggressive and overt act or such animal is suspected of having or exhibits symptoms of having rabies, or if such is the request of the person bitten or scratched, his or her parent or legal guardian, or his or her physician and the animal control officer. (b) Quarantine shall be maintained in the impoundment facility or at the owner's request in a licensed veterinary hospital of his choice. Any animal under quarantine shall not be released or moved from the place of the initial quarantine confinement unless permission is obtained from the animal control officer. The owner, if any, shall bear the cost of the care, feeding and maintenance of a quarantined animal. (c) The owner of any dog vaccinated with an approved rabies vaccine within the past 12 months, after receiving approval of the animal control officer may have such dog quarantined in an alternate location. At any time during the quarantine it is determined by the animal control officer that the quarantine is not property properly maintained, the animal control officer, at the (d) Any animal subject to quarantine shall not be vaccinated before the quarantine period has expired. Sec. 5-52. - Surrender of animal for quarantine or destruction. It shall be a violation of this chapter for any person to fail to surrender any animal for quarantine or destruction as required by the animal control officer. Sec. 5-53. - Killing or removal of rabid animal. It shall be a violation of this chapter for any person except an animal control officer pursuant to section 5-51 to kill or cause to be killed, or to remove from the city without consent of an animal control officer any rabid animal, any animal suspected of having or showing symptoms of rabies or any other infectious or contagious disease or unusual behavior, or any animal biting a human. Sec. 5-54. - Surrender of carcass of rabid animal. It shall be a violation of this chapter for any person to refuse to surrender to an animal control officer the carcass of any dead animal exposed to or suspected of having been exposed to rabies. Secs. 5-55—5-59. - Reserved. Strike through passages are deleted. Underlined passages are added. #2017-O-37 30 ARTICLE V. - DANGEROUS DOGS Sec. 5-60. - Dangerous dogs. (a) F.S. §§ 767.120 through 767.146 and all subsequent amendments regulating dangerous dogs are adopted by reference and incorporated herein. (b) An animal control officer shall investigate reported incidents involving any dog that may be dangerous and shall, if possible, interview the owner and require a sworn affidavit from any person desiring to have a dog classified as dangerous. Any animal that is the subject of a dangerous dog investigation and is not impounded shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and resolution of any hearings related to the dangerous dog classification. The address of the location where the animal is confined shall be provided to the animal control officer. No dog that is the subject of a dangerous dog investigation may be relocated or ownership transferred pending the outcome of an investigation or any hearings related to the determination of a dangerous dog classification. In the event that a dog is to be destroyed, the dog shall not be relocated or ownership transferred. A dog shall not be declared dangerous if the threat, injury or damage was sustained by a person who at the time was unlawfully on the property or while lawfully on the property, was tormenting, abusing, or assaulting the dog or its owner or a family member. No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault. (c) After the investigation, the animal control officer shall make an initial determination as to whether there is sufficient cause to classify the dog as dangerous and shall afford the owner an opportunity for a hearing prior to making a final determination. The animal control officer shall provide written notification of the sufficient cause finding, to the owner, by registered mail, certified hand delivery, or service in conformance with the provisions of F.S. chapter 48 relating to service of process. The owner may file a written request for a hearing before the Special Magistrate animal control board within seven calendar days from the date of receipt of the notification of the sufficient cause finding and, if requested, the hearing shall be held as soon as possible, but not more than 21 calendar days and no sooner than five days after receipt of the request from the owner. (d) Once a dog is classified as a dangerous dog, the animal control officer shall provide written notification to the owner by registered mail, certified hand delivery or service in conformance with the provisions of F.S. chapter 48. The owner may file a written request for a hearing in county court to appeal the classification within ten business days after receipt of a written determination of dangerous dog classification. The owner must confine the dog in a securely fenced or enclosed area pending a resolution of the appeal. (e) Within 14 days after a dog has been classified as dangerous by the Special Magistrate animal control board or a dangerous dog classification is upheld by the county court, the owner of the dog must obtain a certificate of registration for the dog from the city. The certificate shall be renewed annually. Certificates of registration, and renewals thereof, shall only be issued to persons who are at least 18 years of age and who present to the city sufficient evidence of: Strike through passages are deleted. Underlined passages are added. #2017-O-37 31 (1) A current certificate of rabies vaccination for the dog. (2) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign at all entry points that informs both children and adults of the presence of a dangerous dog on the property. (3) Permanent identification of the dog, such as a tattoo on the inside thigh or electronic implantation. The registration fee shall be established by resolution of the city council and shall provide for a reduced fee for sterilized animals. (f) The owner of a dangerous dog shall immediately notify the animal control officer when a dog that has been classified as dangerous: (1) Is loose or unconfined. (2) Has bitten a human being or attacked another animal. (3) Is sold, given away, or dies. (4) Is moved to another address. Prior to a dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to an animal control officer. The new owner must comply with all of the requirements of this section even if the animal is moved elsewhere in the state. An animal control officer must be notified by the owner of a dog classified as dangerous that the dog is in her jurisdiction. (g) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under the control of a competent person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting any person or animal. The owner may exercise the dog in a securely fenced or enclosed area that does not have a top without a muzzle or leash if the dog remains within his or her sight and only members of his or her immediate household or persons 18 years of age or older are allowed in the enclosure when the dog is present. When being transported, such dogs must be safely and securely restrained within a vehicle. (h) Hunting dogs are exempt from the provisions of this section when engaged in any legal hunt. However, such dogs at all other times and in all other respects shall be subject to the provisions of this chapter. Dogs that have been classified as dangerous shall not be used for hunting purposes. (i) This section does not apply to dogs used by law enforcement officials for law enforcement work. (j) The fee for issuance of a dangerous dog certificate of registration shall be established by resolution of the city council. (k) Any person who violates any provision of this section guilty of a noncriminal infraction Strike through passages are deleted. Underlined passages are added. #2017-O-37 32 punishable by a fine not exceeding $500.00. (l) If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the first degree, punishable as provided in F.S. §§ 775.082 or 775.083. In addition, the dangerous dog shall be immediately confiscated by an animal control officer, placed in quarantine, if necessary, for the proper length of time, or impounded and held for ten business days after the owner is given written notification and thereafter destroyed in an expeditious and humane manner. This ten-day time period shall allow the owner to request a hearing before the Special Magistrate animal control board. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. (m) If a dog that has not been declared dangerous attacks and causes severe injury to or death of any human, the dog shall be immediately confiscated by an animal control officer, placed in quarantine, if necessary, for the proper length of time or held for ten business days after the owner is given written notification, and thereafter destroyed in an expeditious and humane manner. This ten-day time period shall allow the owner to request a hearing before the Special Magistrate animal control board. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. In addition, if the owner of the dog had prior knowledge of the dog's dangerous propensities, yet demonstrated a reckless disregard for such propensities under the circumstances, the owner of the dog is guilty of a misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082 or 775.083. (n) If a dog that has previously been declared dangerous attacks and causes severe unaware [injury] to or death of any human, the owner is guilty of a felony of the third degree, punishable as provided in F.S. §§ 775.082, 775.083 or 775.084. In addition, the dog shall be immediately confiscated by an animal control officer, placed in quarantine, if necessary, for the proper length of time or held for ten business days after the owner is given written notification and thereafter destroyed in an expeditious and humane manner. This ten-day time period shall allow the owner to request a hearing before the Special Magistrate animal control board. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. (o) If the owner files a written appeal, the dog must be held and may not be destroyed while the appeal is pending. The owner is responsible for any and all fees while the animal is being held pending appeal. (p) If a dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of attack, the owner is not guilty of any crime specified under this section. Secs. 5-61—5-69. - Reserved. Strike through passages are deleted. Underlined passages are added. #2017-O-37 33 ARTICLE VII. - ENFORCEMENT AND PENALTIES Sec. 5-70. - Enforcement. (a) An animal control officer who has probable cause to believe that a violation of this chapter has occurred shall do one or more of the following: (1) Issue a warning to the person who has committed the violation. (2) Issue a citation to the person who has committed the violation. (3) Impound the animal involved. The determination that a violation has occurred may be the result of the animal control officer's own investigation or as the result of a complaint by an aggrieved person. (b) A violation of this chapter, except as otherwise provided, constitutes a civil infraction punishable by a civil penalty not to exceed $500.00. Penalties for violation of specific sections of this chapter shall be established by resolution of the city council. If a person who has committed the violation does not contest the citation, a civil penalty of less than the maximum allowed will be assessed. Any citation may be contested in county court. (c) Each day or fraction thereof during which a violation of this chapter continues shall be considered as a separate offense. (d) It shall be mandatory for an owner of an animal to appear in court under the following circumstances: (1) When any violation of this chapter results in the unprovoked biting, attacking or wounding of another animal. (2) When any violation of this chapter results in the destruction or loss of personal property and such destruction or loss exceeds $100.00 in value. (3) When a person is cited with a second or subsequent violation of section 5-19 involving animal cruelty. (4) When a person is cited with a third or subsequent violation of any section of this chapter. (e) If a person fails to pay the civil penalty, fails to appear in court to contest the citation, or fails to appear in court as required, the court may issue an order to show cause upon the request of the city. This order shall require the person to appear before the court to explain why action on the citation has not been taken. If any person who is issued such an order fails to appear in response to the court's directive, that person may be held in contempt of court. (f) The commission of a charged infraction at a hearing authorized pursuant to this chapter must be proven by a preponderance of the evidence. (g) Any person who willfully refuses to sign and accept a citation issued by an animal control officer is guilty of a misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082 or 775.083. (h) The city council may by resolution impose a surcharge in an amount as authorized pursuant to F.S. § 828.27(4)(b) upon each civil penalty imposed for violation of this chapter. The Strike through passages are deleted. Underlined passages are added. #2017-O-37 34 proceeds from such surcharge shall be used to pay the costs of training for animal control officers. (i) Once the city prevails in any action related to a violation or determination under this chapter, the city shall be entitled to recover from the person committing the violation all administrative costs associated with the proceeding and all costs incurred by the city in harboring the animal during the course of the proceeding. (j) In addition to the civil penalty, the city shall include on the citation any costs assessed against the owner of an animal by operation of this chapter which remain unpaid as of the time a citation is issued. City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2017-R-24,Version:1 COUNCIL AGENDA ITEM SUBJECT: Resolution No. 2017-R-24 - Fee Resolution DEPARTMENT: City Clerk/Paralegal SUMMARY: In September 2016,Council adopted Resolution No.2016-R-30 which incorporated annual modifications/changes to various fees/costs,surcharges and administrative costs/fees relating to the Code of Ordinances,Land Development Code and various administrative costs/fees.The Schedule of Fines,Fees, Costs and/or Penalties has been modified to incorporate recent changes in the City of Edgewater’s Code of Ordinances including Chapter 19 (Utilities and Services),Chapter 21 (Land Development Code)and various changes contained in the Land Development Code. BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to approve Resolution No. 2017-R-24 - Fee Resolution City of Edgewater Printed on 9/8/2017Page 1 of 1 powered by Legistar™ 1 #2017-R-24 RESOLUTION NO. 2017-R-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, MODIFYING THE SCHEDULE OF FINES, FEES, COSTS AND/OR PENALTIES AND VARIOUS ADMINISTRATIVE FEES RELATING TO THE CITY OF EDGEWATER CODE OF ORDINANCES; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND APPLICABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. On September 19, 2016, Council adopted Resolution No. 2016-R-30 which was the most recent incorporation of annual modifications to various fees/costs, surcharges and administrative costs/fees relating to the Code of Ordinances, Land Development Code and various administrative costs/fees. 2. The Schedule of Fines, Fees, Costs and/or Penalties has been modified to incorporate recent changes in the City of Edgewater’s Code of Ordinances including Chapter 19 (Utilities and Services) and various changes contained in the Land Development Code. 3. The Schedule of Fines, Fees, Costs and/or Penalties (which is attached hereto and incorporated herein as “Exhibit “A”) is being modified to reflect a few changes that have been incorporated herein. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. Modifying the Schedule of Fines, Penalties, Costs and Various Fees. Pursuant to the Code of Ordinances and Land Development Code, the schedule of fines, fees, costs and/or penalties and administrative fees as set forth in Exhibit “A”, attached hereto and incorporated by reference, is hereby established/modified and restated. Section 2. Conflicting Provisions. All resolutions or parts of resolutions in conflict are hereby repealed. 2 #2017-R-24 Section 3. Severability and Applicability. If any portion of this resolution is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this resolution. If this resolution or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. Section 4. Adoption and Effective Date. The effective date of this Resolution shall be October 1, 2017. After Motion for approval by __________________________________________ with Second by ____________________________________________________, the vote on this resolution was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Dan Blazi Councilman Gary Conroy ______ PASSED AND DULY ADOPTED this 11th day of September, 2017. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA ______________________________ By:_________________________________ Robin L. Matusick Mike Ignasiak City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe & Ciocchetti Approved by the City Council of the City of Edgewater at a meeting held on this 11th day of September, 2017 under Agenda Item No. 8_____. 3 #2017-R-24 CHAPTER 1 (GENERAL PROVISIONS) EXHIBIT “A” SECTION 1-8 - (GENERAL PENALTY; CONTINUING VIOLATIONS) CITY OF EDGEWATER SCHEDULE OF FINES, FEES, COSTS AND/OR PENALTIES THE FOLLOWING CAPTION RELATES TO ALL CITATIONS ISSUED BY THE CITY OF EDGEWATER POLICE DEPARTMENT, ANIMAL CONTROL OFFICE OR OTHER ASSOCIATED CITY DEPARTMENT AUTHORIZED TO ISSUE CITATIONS: ____________________________________________________________________________________ The amounts shown in this Schedule include additional costs pursuant to Chapter 938, Florida Statutes ($3.00 Teen Court)  If there is a conflict between the amount established by this and the amount shown on the Notice to Appear, the lesser amount shall control.  The fine for any City Code or Ordinance violation not specifically listed shall be classified as a Class I offense and shall result in the applicable civil fine thereto.  Add to all fines, fees, costs and/or penalties as shown, the following: Add additional $15.00 to the amount shown if paid late, but before a capias issues. Add additional $25.00 to the amount shown if paid after a capias issues. Add additional $80.50 to the amount shown if paid after a capias is served.  Clerk of Court – Associated Fees/Court Costs All citations that are not paid directly to the City of Edgewater prior to the citation being delivered to the Clerk of Court for processing, may be charged an additional court costs charged by the Clerk of Court. Charges as follows: o An additional ten dollars ($10.00) above the citation amount, as may be amended by the Clerk of Court from time to time (charged to the City of Edgewater for Clerk of Court processing), and o An additional ten percent (10%) above the citation amount (Clerk’s fee), as may be amended by the Clerk of Court. 4 #2017-R-24 Pursuant to the City of Edgewater Code of Ordinances, Section 10-348 (Classification of Violations and a Schedule of Civil Fines, Penalties and/or Costs) of Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement), the following is hereby established in the following schedule. Any violation of any of the following provisions shall be classified and shall carry the corresponding civil fine as listed herein. Any offense that is not specified shall be classified as a Class I offense and shall result in the applicable civil fine thereto. Classification of Violations and Civil Fines The following classifications of violations and corresponding civil fines shall be as follows: Classification First Offense Each Repeat Offense Class I $ 75.00 $ 150.00 Class II $ 150.00 $ 300.00 Class III $ 300.00 $ 500.00 Class IV Mandatory Court Appearance SCHEDULE OF CIVIL FINES Table I Code of Ordinances Chapter and/or Section Statutory Reference Title Classification/ Fines and Costs Issuing Authority Chapter 3 Advertising Signs I CO/PD Chapter 4 Alcoholic Beverages, except I PD 4-2 §562.14 Sale only from licensed premises (Unlawful sale of alcoholic beverages) II PD 4-4 §877.03 §856.011 Improper conduct upon licensed premises (Disorderly conduct) II PD 4-5 §562.14 Hours of sale (Alcoholic beverages) II PD 4-8 Closing restrictions II PD 4-9 Set-ups II PD 5 #2017-R-24 4-11(a) Possession of open containers in a public place II PD 4-11(b) §316.1936 Possession of open containers in vehicle II PD Chapter 5 Animal Services, except I ACO/PD 5-4 Interfering with Animal Control Officer III ACO/PD 5-18 §828.08 Poisoning or Trapping of Animals III ACO/PD 5-19 §828.12 §828.13 Cruelty to Animals III ACO/PD 5-60 Dangerous Dogs III ACO/PD Unprovoked biting, attacking or wounding of a domestic animal Destruction or loss of property IV IV ACO/PD Chapter 6 Boats, Docks and Waterways, except I PD 6-31 §327.53 Marine sanitation II PD Chapter 7 Building and Construction, Fire Safety, except I Or twice the amount of the building permit fee, whichever is greater Sections within the Code that identify a specific penalty which may be greater than fine II Chapter 10 Health, Sanitation, Property Maintenance and Code Enforcement except I 6 #2017-R-24 10-6 Abandoned airtight containers II CO/PD 10-7 §893.138 Public nuisance and criminal gang activity II CO ARTICLE II. Sec. 10- 21 – 10- 28 Noise Pursuant to Sec. 10-28 Penalties and/or classification I civil fine CO/PD 10-40 Littering public property and waterways II CO/PD 10-41 Property of another II CO/PD 10-169 Unsafe Structure II CO/PD 10-172 Unlawful Structure II CO/PD 10-173 Prohibited occupancy II CO/PD 10-209 Defacement of property II CO/PD 10-322 Electrical System Hazards II CO/PD Chapter 11 Business Tax Receipts and Business Regulations II 11-2 License required; issuance (Doing business without occupational license) II CO/PD 11-27 §538.04 Pawnbrokers, secondhand dealers - Records of transactions of pawnbrokers III CO/PD 11-63 Registration - Required (Peddlers/solicitors/itinerant merchants, permit required) III CO/PD 11-69 Loud noises and speaking devices (Sale by use of vehicle/noise in right-of-way) III CO/PD Chapter 12 Offenses and Miscellaneous Provisions I PD 12-5 Smoking devices/paraphernalia III CO/PD 12-6 Synthetic alternative drugs prohibited III CO/PD 7 #2017-R-24 12-88 Sexual offenders and sexual predators residence prohibition; exceptions; penalties; violation III PD 12-89 Property owner prohibited from renting real property to certain sexual offenders and sexual predators III CO/PD Chapter 12.5 Parks and Recreation I CO/PD Chapter 15 Streets and Sidewalks, except I 15-2 §316.2035 §316.2045 Display or storage of goods restricted (Obstructing street or sidewalk) II CO/PD 15-5 Excavations in streets - Permit required II CO/PD 15-6 Public Protection II CO/PD Chapter 17 Traffic, except I PD 17-42 §316.1955 §316.1957 §316.1958 §316.1959 Handicap parking II PD Chapter 19 Utilities and Services, except Environmental Services Designee (“ESD”) I CO/PD/ESD 19-4 Unlawful connections III CO/PD/ESD 19-19 Special provisions for temporary metering II CO/PD/ESD 19-22 Tampering with meters, tap, etc., unlawful III CO/PD/ESD 19-25.1 Cross Connections- Requirements II CO/PD/ESD 19-33 Unauthorized connections prohibited III CO/PD/ESD 8 #2017-R-24 19-37 Making or maintaining connections for disposal of certain substances prohibited II CO/PD/ESD 19-38 Acts or deposits of substances which impair, obstruct sewer flow prohibited II CO/PD/ESD 19-41 General discharge prohibitions II CO/PD/ESD 19-45 Specific pollutant limitations II CO/PD/ESD 19-63 Preparation of trash I CO/PD/ESD 19-66 Builders, building contractors and privately employed tree trimmers and tree surgeons II CO/PD/ESD 19-67 Transporting and disposing of solid waste II CO/PD/ESD The Sections listed below relating to misuse of potable, well or reclaimed/reuse water by any person who does not contest a citation shall be fined the following: 1st Offense Warning Notice 2nd Offense Class I 3rd Offense Class II 4th Offense Class III 5th Offense Mandatory Court Appearance 19-93 Landscape irrigation schedules See list above CO/PD/ESD 19-94 General restrictions on water use See list above CO/PD/ESD 19-123 Required use of reclaimed water system See list above CO/PD/ESD 19-124 Limitations on use of reclaimed water See list above CO/PD/ESD 19-126 Ownership and maintenance of reclaimed water system See list above CO/PD/ESD 19-127 Prohibited activities and biennial inspections See list above CO/PD/ESD Chapter 19.5 Vehicles for Hire, except I CO/PD/ESD 9 #2017-R-24 19.5-6 Business Tax Receipt required for business II CO/PD/ESD 19.5-12 Public liability insurance required II CO/PD/ESD 19.5-26 Issuance and contents of permits II PD Chapter 21 Land Development Code I CO Article III Permitted, Conditional, Accessory and Prohibited Uses, except I CO 21-37.01 thru 21-37.08 Code specific Minimum civil fine of class I CO Article IV Resource Protection Standards, except I CO 21-41.03 Permit required (Wetland alteration) III CO Article V Site Design Criteria, except I CO 21-53.02 Stormwater Management Requirements, Permit Authority II CO 21-55.02 Tree Protection Requirements, Tree Removal Permit required II CO Article VI Sign Regulations I CO Article IX Applications Procedure I CO 21-102 Mining Permits Only III CO Article X Reserved Article XII Telecommunication Towers I CO Article XIII Subdivisions I CO Article XIV Historic Preservation II CO 10 #2017-R-24 Article XVI Fire and Hazard Prevention I CO Article XVII Indian River Boulevard Corridor Design Regulations I CO Article XIX Adult Entertainment I CO/PD Article XX Ridgewood Avenue Corridor Design Regulations I CO SECTION 1-9 - (ADDITIONAL COURT COST FOR LAW ENFORCEMENT EDUCATION) Section 1-9(a): Court Costs pursuant to Section 318.18(11)(b), Florida Statutes: $3.00 Criminal Justice Education pursuant to Section 938.15, Florida Statutes: $2.00 Section 2-6 Dishonored check policy $25.00 or 5% whichever is greater CHAPTER 5 (ANIMAL SERVICES) SCHEDULE OF FEES AND CIVIL PENALTIES FEES Section 5-21. Disposition of dead animals $20.00 Section 5-31. License/Tag Required (a) Fee – per calendar year $12.50 Pro-rated for first time purchaser after July 1st $ 7.50 (1) Sterilized animal $12.50 (2) Unsterilized animal $22.50 (b) Duplicate tag $ 7.00 (c) Administrative fee $ 2.50 Section 5-36. Breeding and Kennels Annual Breeder Permit Fee with required Inspection $150.00 Additional re-inspection Breeder facility fee $ 50.00 Section 5-41. Disposition of impounded animals Initial intake, registration, etc.: $35.00 – 1st day fee Each additional day: $15.00/per day Surcharge for unlicensed animals $10.00 11 #2017-R-24 Section 5-60(e). Dangerous animal registration (a) Sterilized animal $100.00 (b) Unsterilized animal $150.00 Section 5-70(h): Animal Control Surcharge pursuant to Section 828.27(4)(b), $5.00 Florida Statutes. ANIMAL CONTROL - MISCELLANEOUS FEES Emergency Call-Out Fee - 31.60 per hour (minimum call-out of 3 hrs) Fee is for emergency call-out after normal business hours for an animal control officer to respond to a call. Return to Owner Fee’s (Fee assessed for animals returned to owner prior to being impounded) (a) Licensed $10.00 (b) Unlicensed $20.00 ANIMAL SHELTER – MISCELLANEOUS FEES The Animal Shelter is currently being operated by a contracted veterinarian. In the event the City resumes operation of the Shelter, these fees will take effect. Adoption Fee: Cat $60.00 *base charge Dog $60.00 *base charge * The base charge may be increased or decreased based on shelter staff’s evaluation of animal and/or other veterinary and associated expenses. Animal Microchipping Fee (including National registration) $30.00 base charge Boarding Charges: Initial intake, registration, etc.: $35.00 – 1st day fee Each additional day: $15.00/per day CHAPTER 10 (HEALTH, SANITATION, PROPERTY MAINTENANCE AND CODE ENFORCEMENT) Section 10-97. Lien Against Property Section 10-97(d): Lien Inquiry/Reports: $30.00/parcel Note: Lien Reductions/Modifications Pursuant to Section 10-347(c) the city manager or his/her designee may reduce any fine impose however, said reduction shall not be less than the costs and expenses incurred by the city. Only the city manager may reduce any fine imposed pursuant to this article less than the costs and expenses incurred by the city. 12 #2017-R-24 Article VIII. Vehicles Section 10-114: Same – Restoration & Permits – For Residential Properties Application fee: $50.00 Restoration permit: $25.00 annual renewal ARTICLE XXVII. Code Compliance Process Section 10-347. Administrative fines and fees. Code Enforcement reimbursement fees shall be equal to cost for the city to provide services plus administrative fees and any additional fines or fees assessed by the Board. Administrative fee shall be $30.00. CHAPTER 11 (BUSINESS TAX RECEIPTS AND BUSINESS REGULATIONS) ARTICLE IV. Peddlers, Solicitors, Canvassers and Itinerant Merchants Section 11-66. Fee Application Fee $30.00 Background Check (if not completed and on file for previous 12 months) $15.00 CHAPTER 12 (OFFENSES AND MISCELLANEOUS PROVISIONS) ARTICLE II GARAGE SALES Section 12-44. License and fees Garage/Yard Sale Permit Fees $ 5.00 per request, maximum of four per year per location (if obtained in person at City Hall) $0.00 – no charge if obtained on-line $25.00 per HOA or managed property, maximum of one per year $10.00 If permit is obtained after the Garage/Yard Sale for residential properties and $50.00 for HOA properties ARTICLE III. FALSE ALARMS Section 12-62. Alarm Permit Required $50.00 Section 12-66. False Alarms - Service Charges Police Department - 1st False Alarm - (in excess of 3 in any 6 month period) $50.00 2nd False Alarm - (in excess of 3 in any 6 month period) $75.00 3rd False Alarm - (for the 3rd & each successive false alarm in excess of 3 in any 6 month period) $100.00 Fire/Rescue Services 1st False Alarm - (in excess of 3 in any 6 month period) $125.00 2nd False Alarm - (in excess of 3 in any 6 month period) $150.00 3rd False Alarm - (for the 3rd & each successive false alarm in excess of 3 in any 6 month period) $200.00 13 #2017-R-24 CHAPTER 19 (UTILITIES AND SERVICES) SCHEDULE OF COSTS/FEES Section 19-2. Utility deposit, service charge and transfer fee: There is a minimum monthly base charge for water, sewer, reclaimed (if available), refuse, recycling solid waste and stormwater whether the residence or building is occupied or vacant based on services available at that location. Effective October 1, 2017 residential solid waste and stormwater services will be added to the annual Tax Notice through Volusia County Tax Collector. Charges for water, sewer, reclaimed (if available) will be billed monthly. To establish service you must provide a valid driver’s license or a valid Florida Identification Card, social security number and one of the following: lease, deed or final settlement statement. If a social security number is not provided and no previous credit history with the City then the deposit is the maximum amount allowed. If the deed or final settlement is not provided by the seller of the property, the buyer will be charged the maximum deposit and service charge. If the buyer provides a valid driver’s license or a valid Florida Identification Card and social security number this will be used to determine the amount of the deposit for the new owner. It is the policy of the City to require a deposit for water, and sewer service as follows: Residential Water & Sewer Service Deposits are based on credit score as verified by the “On-Line Utility Exchange”: Green Yellow Red W - $0.00 $50.00 $100.00 75.00 S - $0.00 $50.00 $100.00 75.00 Definitions of green light, yellow light and red light are listed below: Green Light – standard deposit waived. Based on the information provided, the applicant has a good credit score and poses low credit risk. Yellow Light - deposit required. Based on the information provided, the applicant has an average credit score and poses moderate credit risk. Red Light – maximum deposit required. Based on the information provided, the applicant has a poor credit score or exchange hits and poses high credit risk. Commercial Non-Residential Water Service The security deposit for water accounts based on the various meter sizes offered is as follows: 5/8” $50.00 1” $75.00 1-1/2” $100.00 2” $150.00 3” $300.00 4” $500.00 6” $1,000.00 8” $1,500.00 14 #2017-R-24 Commercial Non-Residential Wastewater (Sewer) Service The security deposit for wastewater accounts based on the various meter sizes offered is as follows: 5/8” $50.00 1” $75.00 1-1/2” $125.00 2” $200.00 3” $400.00 4” $650.00 6” $1,300.00 8” $2,000.00 In the event only wastewater service is furnished by the City and no water services, the deposit for the account will be determined by property use and the size of the meter typically used for that property classification. Additional Deposits In the event the utility service is disconnected 2 or more times for non-payment or has received 2 or more returned checks within a 12 month period, or insufficient utility credit score, the City will require a deposit(s) as outlined above. Deposit Payments Residential Accounts Owner occupied locations may be billed for the deposit(s) and will have 10 days to pay said deposit(s). If the customer does not pay the deposit(s) within the 10 day period, utility services will be subject to disconnection. Tenant occupied locations are required to pay deposit in full at the time the account is established. An applicant for city water and sewer services will not be required to make a deposit when the applicant meets one of the following conditions: 1) Has an existing account with good credit standing with the City. Discontinuance of service for non-payment on an existing account will be treated as new applicants. 2) Any new customer establishing services will have their credit checked with their social security number as verified by the “On-Line Utility Exchange” or any other provider of similar services. The City will perform one credit check for each new account opened. Based on the results, the customer may or may not be required to pay a deposit. The City will not transfer a deposit from one individual to another individual. Transfers of deposit(s) from one address to another address for the same individual will be made provided the account balance at the active service location is in a current status (outstanding balance is zero). If a customer transfers his or her deposit to an account within the system, the final bill on the old account, if delinquent, will be transferred to the current account for collection and the current account will then become subject to collections and disconnection procedures. Customers that are continuously delinquent are subject to an update of their deposit requirements. Commercial Non-Residential Accounts 1) The customer is required to pay the full deposit at the time the account is being established. 2) The deposit shall be equal to a minimum of two (2) months combined utility services. 3) When the required combined total deposit exceeds $1,000, the applicant, at his or her 15 #2017-R-24 option, may furnish in lieu of cash the following instruments;  A surety bond for the full amount required; OR  An irrevocable letter of credit satisfactory to the City for the full amount required. 4) In the event the above instruments mature, the City reserves the right to request cash (legal tender) for the required deposit. 5) Failure to comply with this requirement will result in discontinuance of service. Refund of Deposits The City will credit the deposit to the customer’s account when: 1. Residential accounts - The customer has had no delinquencies nor been disconnected for non-payment in the previous 36 months; 2. Tenant accounts – deposits will be held until the account is closed; 3. Commercial accounts – deposits are held until the account is closed. The deposits are refundable only to the customer whose name appears thereon. Residential and Non-Residential Customer Deposit Deposits are kept in a non-interest bearing account. Records of Deposit The City will keep records to show:  Name and address  Social Security / Federal Employer Identification Number  Email Account  Phone Number  Amount and date of deposit  Each transaction concerning deposit The City will issue a receipt of deposit to each applicant from whom a deposit is received. A record of each unclaimed deposit will be maintained and the City will make a reasonable effort to return the deposit. Section 19-6. Payment of bills; service charges: The owner of each property shall be responsible for the monthly payment of all minimum base charges relating to utilities and services provided or available whether the residence or building is occupied or vacant regardless of whether the city has contracted with the owner’s tenant at the owner’s request. These base charges shall include water, sewer, reclaimed (if available), refuse, recycling solid waste and stormwater based on services provided and/or available at that location. Effective October 1, 2017 residential solid waste and stormwater services will be added to the annual Tax Notice through Volusia County Tax Collector. Water, sewer and reclaimed (if available) will be billed monthly. Additional Postage Additional postage required for International mailing of utility bills will be added to the associated utility account. Any additional postage charges incurred by the city (for International 16 #2017-R-24 mailing of utility bills, returned mail, etc.) will be billed to the customer account. Water Rates - Monthly Base Charges by Meter Size Meter Size ¾” $ 10.75 11.72 1” $ 26.89 29.31 1 ¼” $ 37.65 41.04 1 ½” $ 53.78 58.62 2” $ 86.06 93.81 3” $172.11 187.60 4” $268.92 293.12 6” $538.09 586.52 8” $860.54 937.99 Master-Metered Per Equivalent Residential Unit (ERU): $ 8.08 8.81 Tiered Usage Charges Tier 1 Tier 2 Tier 3 Tier 4 ¾” 0 – 2,000 2,001 – 5,000 5,001 – 10,000 10,000 + 1” 0 – 5,000 5,001 – 13,000 13,001 – 25,000 25,000 + 1 ¼” 0 – 7,000 7,001 – 18,000 18,001 – 35,000 35,001 + 1 ½” 0 – 10,000 10,001 – 25,000 25,001 – 50,000 50,000 + 2” 0 – 16,000 16,001 – 40,000 40,001 – 80,000 80,000 + 3” 0 – 32,000 32,001 – 80,000 80,001 – 160,000 160,000 + 4” 0 – 50,000 50,001 – 125,000 125,001 – 250,000 250,000 + 6” 0 – 100,000 100,001 – 250,000 250,001 – 500,000 500,000 + 8” 0 – 160,000 160,001 – 400,000 400,001 – 800,000 800,000 + Individually Metered Single Family & Master-Metered Residential Per Dwelling Unit 0 – 2,000 2,001 – 5,000 5,001 – 10,000 10,000 + Rate per 1,000 Gallons $1.81 1.97 $6.01 6.55 $7.52 8.20 $9.39 10.24 Charges outside the City shall be in an amount equal to the equivalent charge for a corresponding connection inside the City limits plus a twenty-five percent (25%) surcharge or as allowed by applicable State Statutes, whichever is greater. Single family residential accounts established prior to October 1, 2013 that have a meter size greater than ¾” will be billed at the ¾” meter size monthly base charge and tiered rates. County and City Interlocal Water and Wastewater Agreement Pursuant to an Interlocal Water and Wastewater Agreement executed on October 26, 1999, the 17 #2017-R-24 City provides wholesale water service to the County with the County providing wholesale wastewater service to the City. Rates to be charged are pursuant to the Agreement and/or subsequent amendments. Section 19-12. Water impact fees and connection charges: See Section 21-325.07 for amounts specified for various water connection fees. Section 19-17. Extraordinary service calls and miscellaneous fees Extraordinary service calls: Extraordinary service calls outside of regular maintenance. The following fees shall apply: Meter bench/field test: $ 50.00 Meter Relocation $100.00 Service calls resulting in customer neglect or misuse (grease) $ 50.00 Restoration from termination of service for potable and/or reclaimed water: during normal working hours $ 30.00 after hours and weekends/holidays $100.00 Miscellaneous fees: Service charge to establish account or transfer of services: $ 30.00 Payment plan administration: $ 30.00 Service charge for all other miscellaneous services: $ 30.00 Section 19-19. Special Provisions for temporary metering. Fire Hydrant Meter Deposit $500.00 Section 19-25. Cross-connection – General policy: Backflow Device Testing/Bacteriological Testing: The required commercial backflow device testing shall be conducted by the City at required intervals as determined by the Director of Environmental Services or their designee based on the degree of hazard for a fee of fifty dollars ($50.00) per inspection and billed on the utility bill. When it is found that a cross connection exists that has been created by the customer, said customer shall be responsible for the cost of bacteriological testing required to clear the potable water lines for service. Each test shall be $50.00 for testing by City Laboratory or actual costs for outside laboratory testing. Section 19-34. Connection Charge: Wastewater Connection Charge: $175.00 18 #2017-R-24 Section 19-35. Wastewater utility service fees: Sewer Rates - Monthly Base Charges by Meter Size Meter Size ¾” $ 15.60 17.00 1” $ 39.01 42.52 1 ¼” $ 54.69 59.61 1 ½” $ 78.03 85.05 2” $ 124.84 136.08 3” $ 249.66 272.13 4” $ 390.10 425.21 6” $ 780.20 850.42 8” $1,248.33 1,360.68 Master-Metered Per Equivalent Residential Unit (ERU): $ 11.71 12.76 Usage Charges (in 1,000 gallons) all Customers: Consumption All Use Rate $ 6.14 6.69 Charges outside the City limits shall be in an amount equal to the equivalent charge for a corresponding connection inside the City limits plus a twenty-five percent (25%) surcharge or as allowed by applicable State Statutes, whichever is greater. Single family residential accounts established prior to October 1, 2013 that have a meter size greater than ¾” will be billed at the ¾” meter size monthly base charge and tiered rates. Section 19-50. Fees. Industrial Pretreatment Program Industrial Pretreatment Program Initial Permit Fee: $50.00 Industrial Pretreatment Program Annual Permit Fee: $25.00 (includes annual inspection) Industrial Pretreatment Program: Inspection Fees: $25.00 (per inspection) Section 19-60. Refuse Solid Waste utility fees. A. Residential Refuse Solid Waste Services: all residential services include single family and multi-family residence; multiple dwelling; trailer park and mobile home park and shall be charged the following: Charges will be $23.94 29.43 per month or $353.16 annually for collection and disposal per unit to include recycling. 19 #2017-R-24 In addition to the fees listed above, each location that has more than three (3) cans for pickup shall be charged an additional $3.00 5.00 per can. Exorbitant amounts of solid waste that exceeds normal or routine pickup quantities not placed in approved containers may be charged for this additional pickup and disposal and will be added to the monthly bill. B. Commercial Non-Residential Solid Waste Refuse Services: non-residential services include all types of business, commercial and professional establishments and shall be charged the following: Charges will be $27.16 32.94 per month for collection and disposal per unit to include recycling. In addition to the fees listed above, each location that has more than three (3) cans for pickup shall be charged an additional $3.00 5.00 per can. C. Recycling Rates: All recycling which includes, but is not limited to: residential and commercial: $ 3.06 per month for collection and disposal per unit D C . Special Pickups: Special pickups of non-bundled yard trash will be assessed a $45.00 50.00 minimum charge for up to four (4) cubic yards. Each additional cubic yard will be charged $11.50 15.00. Exorbitant amounts of solid waste that exceeds normal or routine pickup quantities not placed in approved containers may be charged for this additional pickup and disposal and will be added to the monthly bill. Section 19-82/19-83. Stormwater utility fee/Schedule: Charges per EDU will be nine ten dollars ($9.00 10.00) per month or $120.00 annually which consists of a base fee of $4.90 5.44 per EDU applicable to all developed properties, plus an assessment fee of $4.10 4.56 per EDU applicable to all developed property. All commercial and non-residential property with site mitigation facilities will not pay the assessment fee. Section 19-97. Enforcement If there is a disconnection of reclaimed water service due to water conservation restrictions and/or violations, each customer will be assessed a thirty dollar ($30.00) re-connection fee for services. 20 #2017-R-24 Section 19-130. Reclaimed water utility fees: Residential Commercial Base Rate (0-25,000 gallons) $9.50 One acre or less $9.50/month 25,001 – 35,000 gallons $0.31 /1,000 Each additional acre or portion 35,001 + gallons $0.42 /1,000 thereof is $9.50 additional/month of pervious acre or portion thereof Chapter 19 – Miscellaneous: a) Delinquency fee: A delinquency charge relating to the amount due for water, sewer, reclaimed, refuse and stormwater of five percent (5%) shall be charged if the customer has not paid the outstanding amount due within twenty (20) days of the billing date of said charges. S hould there be a failure by the customer receiving services to not pay the bill in full for said services later than thirty (30) days from the billing date for said service, then said service shall be assessed an additional delinquency fee of thirty dollars ($30.00). If charges are not paid by the thirty-fifth (35th) day than services shall be terminated and shall not be reconnected after discontinuance until all past due bills are fully paid, together with said delinquency charges for past due bills. At no time shall service be disconnected for a balance less than thirty dollars ($30.00). b) Lock or Pull Meters: Accounts that are not paid 5 to 7 business days after it has been turned off for non-payment, the City will either lock or pull those meters and an additional $30.00 service fee will be charged to the account. All past due fees and service fees will need to be paid in full before service is restored. This fee is non-waivable. c) Payment plans: At the discretion of the City a payment plan may be established for accounts that are currently disconnected or have a past due balance greater than three two hundred fifty dollars ($300.00 250.00). The monthly payment plan shall be for a period of no longer than six months and will be in addition to the normal monthly utility bill. There will be no waiver/reduction of the accrued delinquency charges and an additional administration fee of $30.00 will be charged for setting up and administering the payment plan. Upon establishment of the payment plan, agreement by the customer and receipt of the first payment then service can be restored. If a customer fails to complete the payment plan in full, the City shall be entitled to take all legal action permissible, including but not limited to, delivering the underlying utility lien to the county court for enforcement and/or forwarding this matter to a collection agency to secure payment. d) Payment plan on Reclaimed Water: Where reclaimed water is available to establish service you may initiate a payment plan of the connection charge of no more than 12 months with no interest. A minimum deposit of $200.00 is required and the balance will be added to your account as a recurring charge until paid off. The reclaimed monthly fee is billed once the reclaimed connection is made. e) Fee Reductions/Modifications The City manager or his/her designee may reduce for extraordinary circumstances, any fee imposed pursuant to Chapter 19 however, said reduction shall not be less than the costs and expenses incurred by the city plus a 10% administrative fee. Only the City Council may reduce 21 #2017-R-24 said fees below the cost and expenses incurred by the City. Annual Review/Increase: There will be an annual increase of all fees/rates listed herein for water rates and sewer fees with the increase based on City Council direction received on August 1, 2016 3, 2017. Based on the approved Rate Study presented by PRMG. Description FY 18 FY 19 FY 20 FY 21 Water 6.0 9.0% 6.0 9.0% 6.0 9.0 % 2.4 9.0% Sewer 6.0 9.0% 6.0 9.0% 6.0 9.0% 2.4 9.0% Refuse 9.0% 9.0% 9.0% 6.0% Stormwater 11.10% 0% 0.0% 2.4% Effective Date 10/01/2017 10/01/2018 10/01/2019 10/01/2020 There will be an annual review of all fees. Annual increase will be based on the most current Rate Study or the CPI (Energy Index ad of July). Said increase(s) will take effect on October 1, of each year. UTILITIES AND SERVICES – MISCELLANEOUS FEES WATER and SEWER Definition of ERU means equivalent residential unit (ERU). Reserved Capacity per ERU Not connected within twelve (12) months of readiness to serve: Water $ 10.75 11.72/month Sewer $ 15.60 17.00/month Charges outside the City shall be in an amount equal to the equivalent charge for a corresponding connection inside the City limits plus a twenty-five percent (25%) surcharge or as allowed by applicable State Statutes, whichever is greater. CHAPTER 19.5 (VEHICLES FOR HIRE) ARTICLE II. DRIVER’S PERMIT Section 19.5-25. Investigation. $15.00 Section 19.5-26. Application and Fees. $30.00 Section 19-27. Duration, renewal of permits. $25.00 CHAPTER 21 (LAND DEVELOPMENT CODE) ARTICLE IX. Application Procedures Section 21-90.03 Application Fee Schedule 22 #2017-R-24 DEVELOPMENT FEES PLANNING & ENGINEERING, APPROVALS & PERMITS APPLICATION FEES: Abandonment/Plat Vacation (Easement) $ 500.00 300.00 Abandonment/Plat Vacation (Right-of-way) $1,000.00 500.00 Address (1st - ten addresses) $ 25.00 per address - new Address (11th - 20th addresses) $ 15.00 per address - new Address (21st - 50th addresses) $ 10.00 per address - new Address (each additional address after 50) $ 5.00 each - new Annexation $ 250.00 200.00 Appeals $ 500.00 Comprehensive Plan Amendment Large Scale $ 750.00 300.00 Small Scale $ 500.00 200.00 Conditional Use Permit $ 250.00 De-annexation $2,500.00 Development of Regional Impact (DRI) – Application $2,000.00 DRI - Determination of Substantial Deviation $ 300.00 Mining Permits $ 200.00 Minor Replats/Lot Splits $ 200.00 100.00 Preliminary Record Plat and Construction Plan Approval Final Plat $1,000.00 250.00 Re-Plat $ 500.00 250.00 Preliminary Plat & Construction Plans $ 200.00 500.00 Site Plan Approval (minor-staff review only) $ 500.00 250.00 Site Plan Approval (major-P&Z/Council review) $ 750.00 500.00 Special Activity (minor-staff review only Under 2,000 attendees) $ 100.00 per day Special Activity (major-council review Over 2,000 attendees) $ 200.00 per day Stormwater Plan Review $ 250.00 150.00 Street Name Change $ 175.00 Telecommunication Towers $ 500.00 250.00 Variance (administrative) $ 100.00 Variance (1 & 2 family residence, non-habitable structure residential) $ 150.00 200.00 Variance (non-residential) $ 300.00 Variance (all others) $ 500.00 Vested Rights Determination $1,000.00 Wetland Alteration Permit $ 100.00 Zoning Agreement Amendment $ 500.00 Zoning Map Amendment Planned Unit Development (PUD) $ 750.00 500.00 Other $ 500.00 300.00 *Any additional charges required by the City relating to administration, building or permitting shall be borne by the applicant. These fees may include, but are not limited to: engineering, recording, legal, advertisements, surveying and arborist (if applicable). 23 #2017-R-24 DEVELOPMENT FEES CONSTRUCTION PERMITS BUILDING PERMIT FEES Building valuations shall be as per the latest issued building valuation published in the Building Safety Journal by the International Code Council. Application Fee (non-refundable) Credited to permit at permit issuance. 1 &2 Family Residences $100.00 Mobile Homes $ 50.00 Commercial $400.00 TOTAL VALUATION FEE Minimum Building Permit Fee $50.00 Base fee (Up to $1,000.00 in value) Building Permit Fee with multiplier $50.00 Base fee plus Higher value of actual value or 0.0065 of valuation valuation based on current edition of Includes plan review fee of ICC Building Valuation Data Table. .0005 of valuation Valuation times Modifier. Example $100,000.00 x .0065 = $650 Plus $50.00 Base fee = $700.00 Door, window, garage door change out $50.00 Base fee plus $4.00 per additional unit Roofing $50.00 Base fee plus $1.30 per square Demolition Residential Home $150.00 Commercial Building $300.00 Interior demolition- nonstructural $ 50.00 Minor structures $ 50.00 Fence $ 50.00 Base fee plus 0.006 of valuation Mobile / Manufactured Home Placement (As regulated by Department of Highway Safety &Motor Vehicles) Hook, Set, and Tie Fee $275.00 (Sub Permits) Plumbing $ 55.00 Mechanical $ 55.00 Electrical $ 55.00 24 #2017-R-24 Swimming Pools - (Separate permit required for screen enclosure) Residential $200.00 Commercial $ 50.00 Base Fee Plus .0065 of valuation Relocated structures: For moving of any building or structure, the fee is as follows: Building less than 1,000 square feet $200.00 Buildings over 1,000 square feet $400.00 Administrative Fees: Re-inspection Fee: 1st re-inspection fee $40.00 2nd re-inspection fee $60.00 3rd and subsequent re-inspection fee $160.00 (As allowed per SS 553.80(2)c) After hours inspections $75.00 per hour When there is inspector availability 2-hour minimum weekdays 4-hour minimum weekends and holidays Plan revisions (After permit issuance) $42.00 per hour ($10.50 Minimum) Permit Extension $50.00 (Written request for extension must be made prior to expiring of permit) Temporary use permits: Stage/Platform/Bleacher/Tent $50.00 Temporary Certificate of Occupancy – (Limited to a maximum of 30 days) Residential $350.00 Commercial $500.00 Building Permit Surcharge Fee is 3 2.5% of the total building permit fees associated with the enforcement of the Florida Building Code and will be charged on all building permits, i.e., building, plumbing, electrical, mechanical, etc. with a minimum charge of $4.00. One and one- half percent of the fee is provided to the Department of Business and Professional Regulation (DBPR) and one half percent of the fee is provided to the Department of Community Affairs (DCA) Florida Building Commission (FBC). F.S.553.721, F.S. 468.631. ELECTRICAL FEES Before a permit is issued for any electrical work or installation for which a permit is required, fees in accordance with the table below shall be paid. Minimum Electrical Permit Fee: $ 50.00 (For first $1,000.00 of contract value) Electrical fee for new residential building permit $ 95.00 Per dwelling unit 25 #2017-R-24 Electrical fee as part of a new commercial building permit $125.00 All other electrical permits (Additions, alterations, etc.) $ 50.00 base fee Plus .007 times Contract value Swimming pool Residential $ 50.00 Commercial $ 95.00 Service change: Residential single phase $ 75.00 Commercial single phase up to 400 amps $ 95.00 Commercial three phase and above 400 amps $125.00 Tug/Temporary power $ 50.00 Sign $ 50.00 EXCAVATION/LANDFILL Placement or removal of 40 cubic yards or less $ 50.00 Placement or removal over 40 cubic yards $100.00 FIRE PROTECTION PERMIT FEES Pre-engineered hood system/other pre-engineered $ 75.00 Fire sprinkler system Base $ 20.00 Standpipe $ 10.00 each Head 1.00 each Fire alarm system Base $ 20.00 Pull station $ 5.00 each Detection device $ 5.00 each All other suppression systems $ 75.00 FIRE RE-INSPECTION FEES 1st re-inspection fee $ 40.00 2nd re-inspection fee $ 60.00 3rd and subsequent re-inspection fee $160.00 GAS PERMIT FEES Minimum Gas Permit Fee: $50.00 Natural gas systems: Base fee including one outlet $50.00 Each additional outlet $ 6.00 LP Gas systems: Base fee $60.00 Below ground tank $10.00 Each additional outlet $ 6.00 26 #2017-R-24 MECHANICAL PERMIT FEES Before a permit is issued for any mechanical work or installation for which a permit is required, a fee or fees, in accordance with the table below, shall be paid. Minimum Mechanical Permit Fee: $50.00 (For first $1,000.00 of contract value) Mechanical fee as part of new residential building permit $95.00 Per dwelling unit Miscellaneous Mechanical $50.00 Base fee plus .006 per thousand of contract value Mechanical fee as part of a new commercial building permit $50.00 Base fee plus .006 per thousand of contract value Mechanical change-out (Residential) $66.00 Mechanical change-out (Commercial) Up to 5 Ton $66.00 Over 5 Ton $86.00 RIGHT-OF-WAY USE PERMIT $50.00 $25.00 re-inspection fee PLUMBING PERMIT FEES Before a permit is issued for any plumbing, sewer, or drainage work or installation for which a permit is required, a fee or fees, in accordance with the table below, shall be paid. Minimum Plumbing Permit fee $50.00 Plumbing fee as part of a new residential building permit $95.00 Per dwelling unit Plumbing fee as part of a new commercial building permit $125.00 All other plumbing permits $50.00 base fee (Additions, alterations, etc.) plus $7.00 per fixture Water heater change out: $50.00 Backflow preventer $50.00 Solar Energy systems Water heater $95.00 Pool heater $95.00 Automatic fire sprinkler system $50.00 connection to City water supply Standpipe connection to City water supply $50.00 SIGN PERMIT FEES Each application for a sign permit for a sign containing no electrical wiring or lighting shall be accompanied by a fee in the amount of twenty dollars ($20.00) for the first five (5) square feet, or fraction thereof, of the advertising display area of the sign and two dollars ($2.00) for each additional square foot, or fraction thereof, of such area. For a sign containing electrical wiring or 27 #2017-R-24 lighting, there shall be an additional fee as required by the Edgewater Electrical Code. STORMWATER CONSTRUCTION/MODIFICATION PERMIT * $50.00 per unit for residential $250.00 or $50.00 per acre for commercial projects (whichever is greater) $25.00 re-inspection fee * This fee shall not apply to any new or existing construction that paid for a site plan/stormwater site plan review application fee or any other permit fee for construction of the same project. TREE REMOVAL PERMITS: SPECIMEN $25.00 per 1 & 2 family lots $75.00 per multi-family & non-residential HISTORIC $5.00/square inch PENALTIES Any person who commences any work on a building structure, fence, sign, driveway, electrical, gas, mechanical, stormwater or plumbing system before obtaining the necessary permits, shall be subject to a penalty of 200% of the usual permit fee in addition to the required permit fees. LIFE SAFETY PLAN REVIEW FEE When plan and associated documents require additional plan review by the authority having jurisdiction, the following fees shall be assessed: Building Construction $0.35 per $1,000 of valuation, Minimum $50.00 (New, additions, alterations, etc.) Fire alarm system $4.00 per $1,000 of valuation, Minimum $50.00 Fire sprinkler system $4.00 per $1,000 of valuation, Minimum $50.00 Fuel tank installation $4.00 per $1,000 of valuation, Minimum $50. Underground fuel tank $4.00 per $1,000 of valuation, Minimum $50.00 All other suppression systems $4.00 per $1,000 of valuation, minimum $50.00 *Engineering Fees shall be paid by the applicant *All Recording Fees shall be paid by the applicant *Any additional charges required by the City relating to administration, building or permitting shall be borne by the applicant. These fees may include, but are not limited to: engineering, recording, legal and surveying. OUTSIDE CONSULTING/REVIEW Outside consulting may be required, by the Fire Chief, because of the complexity on the plan submitted for review. The local authority having jurisdiction will insure compliance with all Life Safety Codes and local ordinances. All applicable in-house Life Safety Plan review fees and Fire Protection Permit fees will also apply. Outside Review Base Fee (shipping and processing cost) $50.00 Outside Review Actual Cost 28 #2017-R-24 ARTICLE X. Boat Slip Allocation TYPE OF ALLOCATION FEE Excess Boat Slip Allocation Permit 1. Reservation and extension fee, per slip per year $100.00 2. Single family residence application fee, per slip $250.00 3. Multi-family residence application fee, per slip $1,000.00 4. Commercial boat slip application fee, per slip $1,000.00 Excess Boat Slip Annual Use Renewal Fee/Year 1. Single family residence, per slip $25.00 2. Multi-family residence, per slip $100.00 3. Commercial boat slips, per slip $250.00 ARTICLE XVI. Fire and Prevention - Section 21-230.03 Burn Permits $75.00 ARTICLE XVII. Development/Impact Fees 21-310.04 - Pedestrian System Development Fee Schedule PEDESTRIAN SYSTEM DEVELOPMENT FEE SCHEDULE Street/Roadway Classification Minimum Pedestrian/Sidewalk Width Development Fee Per Linear Foot Local 4 feet $10.36 16.00 Collector 5 feet $12.96 20.00 Arterial 6 feet $15.55 28.00 21-311.04 - Tree Relocation Fee Schedule and Replacement Tree Fee Schedule Determination of the bond amount and the tree replacement contribution shall be computed based upon the most current version of the Guide for Plant Appraisal, published by the International Society of Arboriculture. 21-311.05 - Payment in Lieu of Tree Replacement Payment shall be $5.00 per square inch of required mitigation in lieu of tree replacement. 29 #2017-R-24 21-320.03 Recreational Parks and Open Space Impact Fee Schedule RECREATIONAL PARKS AND OPEN SPACE IMPACT FEE SCHEDULE LAND USE TYPE FEE AMOUNT RESIDENTIAL Single Family Detached 2 Bedroom or less 3 Bedroom 4 Bedroom or more $ 571.84 $ 612.11 $ 757.09 Single Family Attached 2 Bedroom or less 3 Bedroom or more $ 378.55 $ 676.55 Multi-Family 2 Bedroom or less 3 Bedroom or more $ 434.92 $ 716.81 Mobile Home 1 Bedroom or less 2 Bedroom 3 Bedroom or more $ 298.01 $ 451.03 $ 636.27 Hotel or Motel Per Room $ 459.09 21-321.03 - Fire Protection and EMS Impact Fee Schedule FIRE PROTECTION AND EMS IMPACT FEE SCHEDULE Land Use Development Unit Calls/Unit Net Cost/Call Net Cost/Unit Single-Family/Mobile Home/Hotel Dwelling/Unit/ Room 0.200 $1,652.53 $330.51 Multi-Family Dwelling 0.087 $1,652.53 $143.77 R/V Park Pad Site 0.00 $1,652.53 0.00 Retail/Commercial 1,000 sq.ft. 0.146 $1,652.53 $241.27 Office/Institutional 1,000 sq.ft. 0.100 $1,652.53 $165.25 Industrial/Warehouse 1,000 sq.ft 0.007 $1,652.53 $ 11.57 30 #2017-R-24 21-322.03 - Police Impact Fee Schedule POLICE IMPACT FEE SCHEDULE Land Use Development Unit Functional Unit Net Cost Net Cost/Unit Single-Family/Detached * Dwelling 1.46 $92.32 $150.66 Single-Family/Attached Dwelling 1.08 $92.32 $111.45 Duplex/Apartment/ Condominium Dwelling 0.97 $92.32 $100.10 Mobile Home or R/V Park Pad Site 0.80 $92.32 $ 82.55 Hotel/Motel Room 2.21 $92.32 $228.06 Retail/Commercial 1,000 sq.ft. 3.25 $92.32 $335.38 Office/Institutional 1,000 sq.ft. 1.96 $92.32 $202.27 Industrial/Warehouse 1,000 sq.ft. 1.16 $92.32 $119.72 * Includes mobile homes on single lots. 21-323.03 - Transportation/Road Impact Fee Schedule TRANSPORTATION/ROAD IMPACT FEE SCHEDULE ITE Code Use Unit Trip Rate Trip Length % New Trips FEE PER unit (or) 1,000 s.f. Residential 210 Single Family DU 9.21 4.53 100.00 $1,426.17 220 Apartment DU 6.46 4.77 100.00 $1,053.97 230 Residential Condominium/Townhouse DU 5.94 3.45 100.00 $701.46 240 Mobile Home Park DU 4.86 3.32 100.00 $551.95 310 Hotel Rooms 8.72 4.78 72.65 $1,035.53 320 Motel Rooms 6.28 3.47 77.63 $577.48 620 Nursing Home Beds 2.65 2.00 88.50 $160.17 31 #2017-R-24 Office and Financial 610 Hospital 1,000 sf 15.78 3.92 81.60 $1,727.69 710 Office under 10,000 sf 1,000 sf 19.45 4.18 93.62 $2,602.02 710 Office over 10,000 sf 1,000 sf 12.72 4.04 94.35 $1,658.47 714 Corporate headquarters building 1,000 sf 7.72 3.37 93.00 $826.49 720 Medical Office 1,000 sf 36.48 3.72 87.70 $4,067.95 750 Office Park 1,000 sf 15.01 5.63 82.00 $2,367.76 760 Research Center 1,000 sf 7.11 4.77 87.00 $1,007.14 770 Business Park 1,000 sf 16.87 4.69 81.80 $2,212.37 911 Bank w/out Drive-through 1,000 sf 153.98 1.71 35.80 $3,219.60 912 Bank w/Drive-through 1,000 sf 291.04 1.83 51.52 $9,364.76 Industrial 110 Light Industry 1,000 sf 6.98 4.68 93.20 $1,039.78 130 Industrial Park 1,000 sf 8.26 4.99 92.00 $1,295.11 140 Manufacturing 1,000 sf 3.82 4.68 93.60 $571.06 150 Warehouse 1,000 sf 4.95 4.59 92.00 $717.14 151 Mini-Warehouse 1,000 sf 2.52 2.99 93.20 $240.02 Retail 812 Building Materials and Lumber Store 1,000 sf 32.88 4.16 69.80 $3,263.20 32 #2017-R-24 816 Hardware/Paint Store 1,000 sf 51.29 6.56 74.00 $8,504.85 820 Retail, less than 10,00 sf 1,000 sf 144.40 1.39 51.25 $3,505.39 820 Retail, 10,000 - 99,999 sf 1,000 sf 73.50 1.47 60.50 $2,237.32 820 Retail, 100,000 - 1,000,000 sf 1,000 sf 27.67 2.17 84.00 $1,722.18 820 Retail, Greater than 1,000,000 sf 1,000 sf 29.18 2.81 86.00 $2,407.73 831 Quality Restaurant 1,000 sf 95.63 2.22 77.80 $5,642.08 821 High-Turnover Restaurant 1,000 sf 148.84 2.11 75.35 $8,089.22 834 Fast Food Restaurant 1,000 sf 552.12 1.43 58.04 $15,708.53 CBC Sandwich Shop 1,000 sf 19.30 4.05 100.00 $2,674.51 836 Bar/Lounge/Drinking Place 1,000 sf 130.34 3.17 72.00 $10,177.50 837 Quick Lube Bays 41.69 2.56 71.13 $2,592.89 840 Auto Care/Detailing 1,000 sf 35.76 2.39 74.32 $2,169.54 841 New and Used Car Sales 1,000 sf 37.20 3.21 78.80 $3,215.15 847 Car Wash 1,000 sf 129.60 1.66 69.00 $5,066.84 849 Tire Store/Auto Repair Bays 30.55 2.09 70.70 $1,544.99 850 Supermarket 1,000 sf 112.18 1.67 53.00 $3,401.67 851 Convenience Store 1,000 sf 755.56 1.02 40.66 $10,727.68 853 Convenience Store w/Gas Pumps 1,000 sf 793.28 1.18 28.63 $9,169.39 Convenience Store w/Gas Pumps and Fast Food 1,000 sf 940.20 1.91 32.67 $20,027.14 33 #2017-R-24 862 Home Improvement Store 1,000 sf 38.13 3.09 50.00 $2,013.84 881 Pharmacy/Drugstore w/Drive Through 1,000 sf 89.89 1.74 41.33 $2,203.72 890 Furniture Store 1,000 sf 4.81 4.06 59.12 $395.00 Recreational General Recreation Parking Space 3.02 4.43 95.00 $434.17 411 City Park Parking Space 14.23 2.84 96.67 $1,334.59 412 Major Park Parking Space 2.11 4.05 100.00 $292.40 416 Campground/RV Park Space 3.90 4.55 77.00 $466.58 420 Marina Slip 2.97 5.77 94.67 $555.20 Major Sports Facility Parking Space 2.10 3.63 100.00 $260.85 Miscellaneous 444 Movie Theater Screens 124.48 1.89 82.12 $6,593.92 560 Church 1,000 sf 9.11 2.97 90.00 $832.20 565 Day Care 1,000 sf 75.13 1.55 73.32 $2,914.99 Airport Hanger 1,000 sf 4.96 8.36 92.00 $1,303.30 Veterinary Clinic 1,000 sf 32.80 1.77 70.00 $1,389.24 21-325.01 - Water Capital Charges A water capital charge is hereby established at $ 7.90 per gallon of potable water capacity or $1,612.43 (one thousand six hundred twelve dollars and 43/100) per equivalent residential unit (ERU). Those persons, corporations or entities who or which have entered into an agreement with the City providing credits against the water capacity charges shall be exempt from paying this water capital charge. 34 #2017-R-24 21-325.06 - System Design; Independent Engineers; City’s Engineer Fees for the City Engineer’s review/comments on engineering plans relating to all system design shall be borne by each developer. Said developer shall pay all costs incurred for review and comments related to said review. 21-325.07 - Meter Installation and Connection Fees METER INSTALLATION AND CONNECTION FEES FEE TYPE AMOUNT Reclaimed Water Connection Fee $ 650.00 Road Boring for Water at Dock (Residential Only) ¾ inch $ 475.00 Meter Connection Fee 3/4 inch $ 556.96 Meter Connection Fee 1 inch $ 724.05 Meter Connection Fee 1.5 inch $ 946.84 Meter Connection Fee 2 inch turbine meter $1,519.40 Meter Connection Fee 3 inch turbine meter $1,936.01 Meter Connection Fee 4 inch turbine meter $3,751.71 Meter Connection Fee 6 inch turbine meter $4,126.00 Meter Connection Fee 8 inch turbine meter $7,024.44 Meter Connection Fee 10 inch turbine meter $9,907.29 Meter Connection Fee 2 inch compound meter $2,234.55 Meter Connection Fee 3 inch compound meter $2,860.57 Meter Connection Fee 4 inch compound meter $4,504.73 Meter Connection Fee 6 inch compound meter $8,285.41 21-325.08 - Inspection Fees All facilities proposed for transference to the City for ownership, operation and control shall be inspected to insure all construction/installation was in accordance with approved designs, Standard Construction Details, etc. Inspection fees shall be borne by each developer with all 35 #2017-R-24 costs being reimbursed to the City as determined by the City’s consulting engineer. 21-325.12 - Water Capital Charges for Consumers Outside City Limits All consumers located outside the corporate limits of the City shall be charged the applicable water capital charges required to be paid by all City residents along with a twenty-five percent (25%) surcharge as allowed by applicable State Statutes. 21-327 Sewer Capital Charges A sewer capital charge is hereby established at $10.92 per gallon of wastewater capacity or $2,226.69 (two thousand two hundred twenty six dollars and 69/100) per ERU. Those persons, corporations or entities who or which have previously prepaid the existing sewer capacity charges shall be exempt from paying this sewer capital charge (i.e. Florida Shores assessment area). For the purpose of calculating and imposing non-residential water and sewer capital charges, the following ERU conversion ratios may be utilized as a reference: SEWER CAPITAL CHARGES ESTABLISHMENT UNIT ERU FACTOR Residential: Single-family detached per dwelling unit 1.0 Duplex per dwelling unit 1.0 Multi-family per dwelling unit 1.0 Mobile home per dwelling unit 1.0 Commercial: Shopping center & retail shopping per 1,000 sq.ft. gross 0.5 Office building (add food service & retail space) per 1,000 sq.ft. gross 0.4 Auditorium per seat 0.02 Laundry, self-service per machine 1.4 Barber/beauty shop per operating station 0.333 Bowling alley per lane 0.333 Theater per seat 0.02 Dinner theater per seat 0.1 Trailer Park (overnight) per space 0.833 Dentist’s office per dentist 1.0 Dentist’s office per wet chair 0.667 Doctor’s office per doctor 1.0 Hospital per bed 0.833 36 #2017-R-24 Nursing home per bed 0.5 Automotive service and/or detailing facility per bay 1.0 Automotive care per wash bay 3.2 Automotive care per public restroom 1.5 Convenience store/self service gas pumps per public restroom 1.5 Industrial building (not including food service of industrial waste flows) Without showers per 1,000 sq.ft. 0.4 With showers per 1,000 sq.ft. 1.25 Hotel or motel (not including food service, banquet and meeting rooms, and laundries calculated separately) per room 0.5 Church per seat 0.02 Warehouse per 1,000 sq.ft. 0.75 Grocery store per 1,000 sq.ft. gross 0.75 Food service: Restaurant/cafeteria per seat 0.1 Restaurant (24 hours) per seat 0.185 Restaurant (fast food) per seat 0.1 Bar/cocktail lounge per seat 0.1 Schools, middle & high per student 0.075 Schools, elementary & nursery per student 0.033 21-327.06 - System Design; Independent Engineer; City’s Engineer Fees for the City Engineer’s review/comments on engineering plans relating to all system design shall be borne by each developer. Said developer shall pay all costs incurred for review and comments related to said review. 21-327.07 - Inspection Fees All facilities proposed for transference to the City for ownership, operation and control shall be inspected to insure all construction/installation was in accordance with approved designs, etc. Inspection fees shall be borne by each developer with all costs being reimbursed to the City as determined by the City’s consulting engineer. 21-327.11 - Sewer Capital Charges for Consumers Outside City Limits All consumers located outside the corporate limits of the City shall be charged the applicable 37 #2017-R-24 sewer capital charges required to be paid by all City residents along with a twenty-five percent (25%) surcharge as allowed by applicable State Statutes. CITY OF EDGEWATER ADDITIONAL ADMINISTRATIVE FEES/COSTS 1. PERSONNEL Any personnel costs to be charged for special events, activities, call-outs shall be tabulated by the Human Resources Department and shall include the salary of the employee assigned along with all benefits charged and paid by the City along with any associated vehicle and/or equipment charges. 2. EQUIPMENT COSTS Any City owned equipment used in any special events, activities, call -outs and code enforcement actions or any other activities shall be charged based on the most current FEMA Schedule of Equipment Rates along with a ten percent (10%) administration fee and a thirty percent (30%) mobilization/demobilization fee. 3. LEISURE SERVICES PARKS & RECREATION Rental Fees Ballfield without lights $35.00 per hour Ballfield with lights $65.00 per hour Small Pavilion $40.00 per 4 hours Large Pavilion $60.00 per 4 hours *** Note - Programs operated by the Leisure Services Parks & Recreation Department are seasonal, therefore, fees for events and other programs will be set by staff of the Leisure Services Parks & Recreation Department based on the event/program costs. Rental of ballfields for school activities may be negotiated between both parties to provide a serviceable rate. Hawks Park Amphitheater Time Non-Profit Rate For Profit Rate Up to 4 hours $250.00 100.00 $400.00 Per Day $500.00 250.00 $700.00 38 #2017-R-24 4. MISCELLANEOUS FEES: Storage fee – $10.00 per day This fee is for any item abandoned, found, and/or located on City right-of-way or easement areas that have been removed by the City and stored by the City (does not include forfeiture/impoundment fee). 5. POLICE DEPARTMENT Funeral/Miscellaneous Escorts $100.00 per escort Outside Details/Security $ 56.00 per officer per hour (includes vehicle) Fingerprinting $ 10.00 for two cards or less $ 10.00 each additional Vehicle Impoundment fee $ 27.00 per day (does not include civil penalties) (for vehicles stored on City property) 6. FINANCE DEPARTMENT Payments made by telephone $ 5.00 per transaction for any City payments (utilities, building permits, licenses, etc) 7. CITY CLERK Miscellaneous charges for copies: Single-sided copies, up to 8 ½" x 14" .15 each Double-sided copies, up to 8 ½" x 14" .20 each Single-sided copies, up to 11" x 17" .50 each Double-sided copies, up to 11" x 17" .75 each Larger size copies Based on actual cost of duplication Certified copy of a public record $1.00 per page in addition to actual copy cost Duplicate audio tape $1.48 Duplicate CD or DVD $ .32 Duplicate audio tape (citizen provided tape) No charge unless extensive clerical assistance is required Duplicate CD or DVD (citizen provided) No charge unless extensive clerical assistance is required Duplicate video tape Based on actual cost of duplication Reprints of photographs Based on actual cost of duplication Facsimile Transmission $1.00 per faxed page Note: Additional charges will be added to cover the cost of postage and packaging if necessary. §119.07(1)(b), Florida Statutes, provides: “If the nature or volume of public records requested to be inspected, examined, or copied is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved, or both, the agency may charge, in addition to the actual cost of duplication, a special service charge, which shall be reasonable and shall be based on the cost incurred for such extensive use of information technology resources or the labor cost of the personnel providing the service that is actually incurred by the agency or attributable to the agency for the clerical and supervisory 39 #2017-R-24 assistance required, or both.” 8. PUBLIC WORKS Sign Requests Stop Signs $75.00 Slow Children at Play $68.00 Other Signs Actual Cost Plus Labor City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2017-R-25 T,Version:1 COUNCIL AGENDA ITEM SUBJECT: Tentative Edgewater I &S 2005 Voted Debt Service Millage Rate for the Animal Shelter for Fiscal Year 2017- 2018 DEPARTMENT: Finance SUMMARY: Per Florida Statutes, including Chapter 200.065 (2)e 1. Provides that the City Council shall adopt a Tentative Voted Debt Service Millage rate for the Animal Shelter prior to the Tentative Budget. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to approve the Tentative Edgewater I & S 2005 Voted Debt Service Millage Rate of $0.0445 for the Animal Shelter for Fiscal Year 2017-2018. City of Edgewater Printed on 9/8/2017Page 1 of 1 powered by Legistar™ 1 Resolution #2017-R-25 RESOLUTION 2017-R-25 A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, ADOPTING FINAL VOTED DEBT SERVICE MILLAGE RATES FOR THE CITY FOR FISCAL YEAR 2017-2018; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Statutes, including Section 200.065, provide that the City Council shall adopt a tentative millage rate prior to the adoption of a tentative budget; and, WHEREAS, the Volusia County Property Appraiser has certified the gross taxable value of property within the City of Edgewater as $838,044,501; and WHEREAS, October 1, 2017 is the commencement of the fiscal year for the City of Edgewater; and WHEREAS, on September 11, 2017, a public hearing was held on the tentative voted debt service millage rate of $0.0445 mills for fiscal year 2017-2018 and all persons desiring to voice objection or make comment upon said millage rate were given an opportunity to do so; and WHEREAS, on September 25, 2017, a public hearing was held on the final voted debt service millage rate for fiscal year 2017-2018 and all persons desiring to voice objections or to make comment upon said millage were given an opportunity to do so. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: Section 1: That the City Council of the City of Edgewater, Florida, deems it necessary to levy and does hereby levy a tax of $0.0445 mills upon all real and personal property, railroads, telegraph and telephone lines within the City of Edgewater for Voted Debt Service. Section 2: The Voted Debt Service levy of $0.0445 mills based on the sale of the Limited General Obligation Note Payable in 2005. Section 3. This Resolution shall become effective immediately upon passage and adoption. 2 Resolution #2017-R-25 After Motion for approval by ______________________________________ and Second by _________________________________________________ the vote on this Resolution was as follows: AYE NAY Mayor Mike Ignasiak _____ Councilwoman Christine Power _____ Councilwoman Amy Vogt _____ Councilman Dan Blazi _____ Councilman Gary Conroy _____ PASSED, APPROVED AND ADOPTED this 25th day of September, 2017. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Robin L. Matusick Mike Ignasiak City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe & Ciocchetti Approved by the City Council of the City of Edgewater at a meeting held on this 25th day of September, 2017 under Agenda Item No. 8______. DR-420DEBT R. 6/10 Rule 12D-16.002 Florida Administrative Code Effective 11/12 Year :County : Principal Authority :Taxing Authority : Levy Description : 1. SECTION I: COMPLETED BY PROPERTY APPRAISER Current year taxable value of real property for operating purposes (1)$ 2.Current year taxable value of personal property for operating purposes $(2) 3.Current year taxable value of centrally assessed property for operating purposes $(3) 4.Current year gross taxable value for operating purposes (Line 1 plus Line 2 plus Line 3)(4)$ SIGN HERE Property Appraiser Certification I certify the taxable values above are correct to the best of my knowledge. Signature of Property Appraiser :Date : SECTION II: COMPLETED BY TAXING AUTHORITY 5.Current year proposed voted debt millage rate per $1,000 (5) 6.Current year proposed millage voted for 2 years or less under s. 9(b) Article VII, State Constitution per $1,000 (6) S I G N H E R E Taxing Authority Certification I certify the proposed millages and rates are correct to the best of my knowledge. Signature of Chief Administrative Officer :Date : Title :Contact Name and Contact Title : Mailing Address :Physical Address : City, State, Zip :Phone Number : CERTIFICATION OF VOTED DEBT MILLAGE Fax Number : INSTRUCTIONS Property appraisers must complete and sign Section I of this form with the DR-420, Certification of Taxable Value, and DR-420S, Certification of School Taxable Value, and provide it to all taxing authorities levying a - Voted debt service millage levied under Section 12, Article VII of the State Constitution or - Millage voted for two years or less under s. 9(b), Article VII of the State Constitution Section I: Property Appraiser Use a separate DR-420DEBT for each voted debt service millage that's levied by a taxing authority. The property appraiser should check the Yes box on Line 9 of DR-420, Certification of Taxable Value, or Line 8 of DR-420S, Certification of School Taxable Value. The property appraiser should provide the levy description and complete Section I, Lines 1 through 4 of this form, for each voted debt service millage levied. Enter only taxable values that apply to the voted debt service millage indicated. Sign, date, and forward the form to the taxing authority with the DR-420. Section II: Taxing Authority Each taxing authority levying a voted debt service millage requiring this form must provide the proposed voted debt millage rate on Line 5. If a DR-420DEBT wasn't received for any - Voted debt service millages or - Millages voted for two years or less contact the property appraiser as soon as possible and request a DR-420DEBT. Sign, date, and return the form to your property appraiser with the DR-420 or DR-420S. All TRIM forms for taxing authorities are available on our website at http://dor.myflorida.com/dor/property/trim VOLUSIA 7/24/2017 11:15 AM 780,773,648 104 N. Riverside Dr 4,330,301 2017 Electronically Certified by Property Appraiser 0.0000 Reset Form EDGEWATER OPERATINGEDGEWATER 0.0445 Print Form Electronically Certified by Taxing Authority 52,940,552 Tracey Barlow, City Manager Edgewater, FL 32132 386-424-2421 838,044,501 Jonathan McKinney, Finance Director 6/26/2017 10:30 AM EDGEWATER I&S 2005 P O Box 100 386-424-2400 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2017-R-26 T,Version:1 COUNCIL AGENDA ITEM SUBJECT: Tentative Edgewater I &S 2016 Voted Debt Service Millage Rate for the Go for Parks for Fiscal Year 2017- 2018 DEPARTMENT: Finance SUMMARY: Per Florida Statutes, including Chapter 200.065 (2)e 1. Provides that the City Council shall adopt a Tentative Voted Debt Service Millage rate for the Go for Parks prior to the Tentative Budget. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to approve the Tentative Edgewater I & S 2016 Voted Debt Service Millage Rate of $0.3002 for the Go for Parks for Fiscal Year 2017-2018. City of Edgewater Printed on 9/8/2017Page 1 of 1 powered by Legistar™ 1 Resolution #2017-R-26 RESOLUTION 2017-R-26 A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, ADOPTING FINAL VOTED DEBT SERVICE MILLAGE RATES FOR THE CITY FOR FISCAL YEAR 2017-2018; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Statutes, including Section 200.065, provide that the City Council shall adopt a tentative millage rate prior to the adoption of a tentative budget; and, WHEREAS, the Volusia County Property Appraiser has certified the gross taxable value of property within the City of Edgewater as $838,044,501; and WHEREAS, October 1, 2017 is the commencement of the fiscal year for the City of Edgewater; and WHEREAS, on September 11, 2017, a public hearing was held on the tentative voted debt service millage rate of $0.3002 mills for fiscal year 2017-2018 and all persons desiring to voice objection or make comment upon said millage rate were given an opportunity to do so; and WHEREAS, on September 25, 2017, a public hearing was held on the final voted debt service millage rate for fiscal year 2017-2018 and all persons desiring to voice objections or to make comment upon said millage were given an opportunity to do so. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: Section 1: That the City Council of the City of Edgewater, Florida, deems it necessary to levy and does hereby levy a tax of $0.3002 mills upon all real and personal property, railroads, telegraph and telephone lines within the City of Edgewater for Go for Parks Voted Debt Service. Section 2: The Voted Debt Service levy of $0.3002 mills based on the sale of the General Obligation Note Payable in 2017. Section 3. This Resolution shall become effective immediately upon passage and adoption. 2 Resolution #2017-R-26 After Motion for approval by ___________________________________________ and Second by ___________________________________________________ the vote on this Resolution was as follows: AYE NAY Mayor Mike Ignasiak _____ Councilwoman Christine Power _____ Councilwoman Amy Vogt _____ Councilman Dan Blazi _____ Councilman Gary Conroy _____ PASSED, APPROVED AND ADOPTED this 25th day of September, 2017. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Robin L. Matusick Mike Ignasiak City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe & Ciocchetti Approved by the City Council of the City of Edgewater at a meeting held on this 25th day of September, 2017 under Agenda Item No. 8______. DR-420DEBT R. 6/10 Rule 12D-16.002 Florida Administrative Code Effective 11/12 Year :County : Principal Authority :Taxing Authority : Levy Description : 1. SECTION I: COMPLETED BY PROPERTY APPRAISER Current year taxable value of real property for operating purposes (1)$ 2.Current year taxable value of personal property for operating purposes $(2) 3.Current year taxable value of centrally assessed property for operating purposes $(3) 4.Current year gross taxable value for operating purposes (Line 1 plus Line 2 plus Line 3)(4)$ SIGN HERE Property Appraiser Certification I certify the taxable values above are correct to the best of my knowledge. Signature of Property Appraiser :Date : SECTION II: COMPLETED BY TAXING AUTHORITY 5.Current year proposed voted debt millage rate per $1,000 (5) 6.Current year proposed millage voted for 2 years or less under s. 9(b) Article VII, State Constitution per $1,000 (6) S I G N H E R E Taxing Authority Certification I certify the proposed millages and rates are correct to the best of my knowledge. Signature of Chief Administrative Officer :Date : Title :Contact Name and Contact Title : Mailing Address :Physical Address : City, State, Zip :Phone Number : CERTIFICATION OF VOTED DEBT MILLAGE Fax Number : INSTRUCTIONS Property appraisers must complete and sign Section I of this form with the DR-420, Certification of Taxable Value, and DR-420S, Certification of School Taxable Value, and provide it to all taxing authorities levying a - Voted debt service millage levied under Section 12, Article VII of the State Constitution or - Millage voted for two years or less under s. 9(b), Article VII of the State Constitution Section I: Property Appraiser Use a separate DR-420DEBT for each voted debt service millage that's levied by a taxing authority. The property appraiser should check the Yes box on Line 9 of DR-420, Certification of Taxable Value, or Line 8 of DR-420S, Certification of School Taxable Value. The property appraiser should provide the levy description and complete Section I, Lines 1 through 4 of this form, for each voted debt service millage levied. Enter only taxable values that apply to the voted debt service millage indicated. Sign, date, and forward the form to the taxing authority with the DR-420. Section II: Taxing Authority Each taxing authority levying a voted debt service millage requiring this form must provide the proposed voted debt millage rate on Line 5. If a DR-420DEBT wasn't received for any - Voted debt service millages or - Millages voted for two years or less contact the property appraiser as soon as possible and request a DR-420DEBT. Sign, date, and return the form to your property appraiser with the DR-420 or DR-420S. All TRIM forms for taxing authorities are available on our website at http://dor.myflorida.com/dor/property/trim VOLUSIA 7/24/2017 11:15 AM 780,773,648 104 N. Riverside Dr 4,330,301 2017 Electronically Certified by Property Appraiser 0.0000 Reset Form EDGEWATER OPERATINGEDGEWATER 0.3002 Print Form Electronically Certified by Taxing Authority 52,940,552 Tracey Barlow, City Manager Edgewater, FL 32132 386-424-2421 838,044,501 Jonathan McKinney, Finance Director 6/26/2017 10:30 AM EDGEWATER I&S 2016 P O Box 100 386-424-2400 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2017-R-27 T,Version:1 COUNCIL AGENDA ITEM SUBJECT: Tentative Edgewater Operating Millage Rate for Fiscal Year 2017-2018 DEPARTMENT: Finance SUMMARY: Per Florida Statutes, including Chapter 200.065 (2)e 1. Provides that the City Council shall adopt a Tentative Operating Millage rate prior to the Tentative Budget. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to approve the Tentative Edgewater Operating Millage Rate of $6.70 for Fiscal Year 2017-2018. City of Edgewater Printed on 9/8/2017Page 1 of 1 powered by Legistar™ 1 Resolution #2017-R-27 RESOLUTION 2017-R-27 A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, ADOPTING FINAL OPERATING MILLAGE RATES FOR THE CITY FOR FISCAL YEAR 2017-2018; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Statutes, including Section 200.065, provide that the City Council shall adopt a tentative millage rate prior to the adoption of a tentative budget; and, WHEREAS, the Volusia County Property Appraiser has certified the gross taxable value of property within the City of Edgewater as $838,044,501 and has certified a rolled-back rate of $6.2346 per $1,000 of taxable value for the City of Edgewater; and WHEREAS, October 1, 2017 is the commencement of the fiscal year for the City of Edgewater; and WHEREAS, on September 11, 2017, a public hearing was held on the tentative millage rate of $6.70 mills for fiscal year 2017-2018 and all persons desiring to voice objection or make comment upon said millage rate were given an opportunity to do so; and WHEREAS, on September 25, 2017, a public hearing was held on the final millage rate for fiscal year 2017-2018 and all persons desiring to voice objections or to make comment upon said millage were given an opportunity to do so. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: Section 1: That the City Council of the City of Edgewater, Florida, deems it necessary to levy and does hereby levy a tax of $6.70 mills upon all real and personal property, railroads, telegraph and telephone lines within the City of Edgewater for operational purposes. Section 2: The operating levy of $6.70 mills represents a 7.46% change from the rolled-back rate. Section 3. This Resolution shall become effective immediately upon passage and adoption. Resolution #2017-R-27 After Motion for approval by ________________________________________ and Second by _____________________________________________, the vote on this Resolution was as follows: AYE NAY Mayor Mike Ignasiak _____ Councilwoman Christine Power _____ Councilwoman Amy Vogt _____ Councilman Dan Blazi _____ Councilman Gary Conroy _____ PASSED, APPROVED AND ADOPTED this 25th day of September, 2017. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Robin L. Matusick Mike Ignasiak City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe & Ciocchetti Approved by the City Council of the City of Edgewater at a meeting held on this 25th day of September, 2017 under Agenda Item No. 8____. 2 CERTIFICATION OF TAXABLE VALUE DR-420 R. 5/12 Rule 12D-16.002 Florida Administrative Code Effective 11/12 Year :County : Principal Authority :Taxing Authority : SECTION I : COMPLETED BY PROPERTY APPRAISER 1.Current year taxable value of real property for operating purposes $(1) 2.Current year taxable value of personal property for operating purposes $(2) 3.(3)Current year taxable value of centrally assessed property for operating purposes $ 4.(4)Current year gross taxable value for operating purposes (Line 1 plus Line 2 plus Line 3)$ 5.(5) Current year net new taxable value (Add new construction, additions, rehabilitative improvements increasing assessed value by at least 100%, annexations, and tangible personal property value over 115% of the previous year's value. Subtract deletions.) $ 6.(6)Current year adjusted taxable value (Line 4 minus Line 5)$ 7.(7)$Prior year FINAL gross taxable value from prior year applicable Form DR-403 series 8.(8)Does the taxing authority include tax increment financing areas? If yes, enter number of worksheets (DR-420TIF) attached. If none, enter 0 Number 9.(9) NumberDoes the taxing authority levy a voted debt service millage or a millage voted for 2 years or less under s. 9(b), Article VII, State Constitution? If yes, enter the number of DR-420DEBT, Certification of Voted Debt Millage forms attached. If none, enter 0 SIGN HERE Property Appraiser Certification I certify the taxable values above are correct to the best of my knowledge. Date : SECTION II : COMPLETED BY TAXING AUTHORITY If this portion of the form is not completed in FULL your taxing authority will be denied TRIM certification and possibly lose its millage levy privilege for the tax year. If any line is not applicable, enter -0-. 10.Prior year operating millage levy (If prior year millage was adjusted then use adjusted millage from Form DR-422) (10)per $1,000 11.(11)Prior year ad valorem proceeds (Line 7 multiplied by Line 10, divided by 1,000)$ 12.(12)$Amount, if any, paid or applied in prior year as a consequence of an obligation measured by a dedicated increment value (Sum of either Lines 6c or Line 7a for all DR-420TIF forms) 13. 14. (13) (14) Adjusted prior year ad valorem proceeds (Line 11 minus Line 12)$ $Dedicated increment value, if any (Sum of either Line 6b or Line 7e for all DR-420TIF forms) 15.(15)$Adjusted current year taxable value (Line 6 minus Line 14) 16.Current year rolled-back rate (Line 13 divided by Line 15, multiplied by 1,000) per $1000 (16) 17.(17)per $1000Current year proposed operating millage rate 18.(18) $ Total taxes to be levied at proposed millage rate (Line 17 multiplied by Line 4, divided by 1,000) Continued on page 2 YES NO YES NO Signature of Property Appraiser: VOLUSIA 5,002,884 811,412,515 6.7000 4,330,301 26,631,986 2017 Print Form 6.2346 Electronically Certified by Property Appraiser EDGEWATER OPERATING 5,614,898 2 6/26/2017 10:30 AM 52,940,552 21,902 780,773,648 749,968,090 802,441,180 ✔ EDGEWATER 1 5,024,786 6.7000 838,044,501 8,971,335 ✔ Reset Form DR-420 R. 5/12 Page 2 19.TYPE of principal authority (check one)County Independent Special District (19) Municipality Water Management District (20)20. Applicable taxing authority (check one)Principal Authority Dependent Special District MSTU Water Management District Basin 21.(21)Is millage levied in more than one county? (check one)Yes No DEPENDENT SPECIAL DISTRICTS AND MSTUs STOP HERE - SIGN AND SUBMIT 22. (22)$ Enter the total adjusted prior year ad valorem proceeds of the principal authority, all dependent special districts, and MSTUs levying a millage. (The sum of Line 13 from all DR-420 forms) 23.Current year aggregate rolled-back rate (Line 22 divided by Line 15, multiplied by 1,000)(23)per $1,000 24.(24)$Current year aggregate rolled-back taxes (Line 4 multiplied by Line 23, divided by 1,000) 25.(25)$ Enter total of all operating ad valorem taxes proposed to be levied by the principal taxing authority, all dependent districts, and MSTUs, if any. (The sum of Line 18 from all DR-420 forms) (26)Current year proposed aggregate millage rate (Line 25 divided by Line 4, multiplied by 1,000)per $1,000 (27)Current year proposed rate as a percent change of rolled-back rate (Line 26 divided by Line 23, minus 1, multiplied by 100) % S I G N H E R E Taxing Authority Certification I certify the millages and rates are correct to the best of my knowledge. The millages comply with the provisions of s. 200.065 and the provisions of either s. 200.071 or s. 200.081, F.S. Date : Title :Contact Name and Contact Title : Mailing Address :Physical Address : City, State, Zip :Phone Number :Fax Number : Instructions on page 3 First public budget hearing Date :Time :Place : 27. 26. Signature of Chief Administrative Officer : 7.46 6:00 PM EST Tracey Barlow, City Manager Edgewater, FL 32132 6.7000 ✔ 104 N. Riverside Dr 5,614,898 5,002,884 9/11/2017 ✔ 386-424-2400 Jonathan McKinney, Finance Director 5,224,872 386-424-2421 Electronically Certified by Taxing Authority P O Box 100 104 N. Riverside Drive, Edgewater, FL 32132 7/24/2017 11:15 AM ✔ 6.2346 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2017-R-28 T,Version:1 COUNCIL AGENDA ITEM SUBJECT: Tentative Budget providing for appropriations for Fiscal Year 2017-2018 DEPARTMENT: Finance SUMMARY: Per Florida Statutes, including Chapter 200.065 (2)(e) 1. Provides that the City Council shall adopt a Tentative Budget after the Tentative Millage. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to approve the Tentative Budget for Fiscal Year 2017-2018. City of Edgewater Printed on 9/8/2017Page 1 of 1 powered by Legistar™ 1 Resolution #2017-R-28 RESOLUTION 2017-R-28 A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, ADOPTING THE FINAL GENERAL FUND, ENTERPRISE FUNDS, AND ALL OTHER RELATED FUNDS BUDGETS AND THE CAPITAL IMPROVEMENTS PROGRAM FOR THE FISCAL YEAR 2017-2018; PROVIDING FOR APPROPRIATIONS; PROVIDING SEVERABILITY AND FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Edgewater has recommended a final annual budget for the next ensuing fiscal year beginning October 1, 2017 and ending September 30, 2018; and WHEREAS, a notice of public hearing on said budget was duly published; and WHEREAS, a public hearing was held on September 11, 2017, after having first adopted a tentative millage rate for the City for the Fiscal year 2017-2018, to consider the tentative budget and all persons desiring to voice objection or make comments upon said budget were given an opportunity to do so; and WHEREAS, within five days after due public advertising, a Public Hearing will be held to finalize the budget on September 25, 2017; and WHEREAS, a public hearing was held on September 25, 2017, after having first adopted a final voted debt service and operating millage rates for the City for the Fiscal year 2017-2018, to consider the final budget and all persons desiring to voice objection or make comments upon said budget were given an opportunity to do so. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: Section 1: That the City Council of the City of Edgewater, Florida pursuant to the Charter of the City of Edgewater and Chapter 166, Florida Statutes, does hereby adopt the Tentative General, Enterprise and all other related Fund Budgets and Capital Improvements Programs, which are attached hereto and incorporated herein as Exhibit “A” which may later be amended by the City Council. 2 Resolution #2017-R-28 Section 2. 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 portion hereto. Section 3. This Resolution shall become effective immediately upon passage and adoption. After Motion for approval by ______________________________________ and Second by ________________________________________ the vote on this Resolution was as follows: AYE NAY Mayor Mike Ignasiak _____ Councilwoman Christine Power _____ Councilwoman Amy Vogt _____ Councilman Dan Blazi _____ Councilman Gary Conroy _____ PASSED, APPROVED AND ADOPTED this 25th day of September, 2017. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Robin L. Matusick Mike Ignasiak City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe & Ciocchetti Approved by the City Council of the City of Edgewater at a meeting held on this 25th day of September, 2017 under Agenda Item No. 8_____. REVENUES AND EXPENSES FY 2017 - 2018 REVENUE EXPENSES VARIANCE PAGE 001 - GENERAL FUND 15,056,891$ 15,056,891$ -$ 9 113 - LAW ENFORCEMENT BLOCK 4,000$ 4,000$ -$ 96 115 - SPECIAL LAW ENFORCEMENT TRUST FUND 71,000$ 71,000$ -$ 102 116 - TRANSPORTATION IMPACT FEE 150,000$ 150,000$ -$ 105 117 - POLICE IMPACT FEE FUND 180,000$ 180,000$ -$ 108 118 - FIRE IMPACT FEE FUND 40,000$ 40,000$ -$ 111 119 - RECREATION IMPACT FEE 130,000$ 130,000$ -$ 114 120 - SCHOLARSHIP FUND 10,000$ 10,000$ -$ 117 125 - EDGEWATER CRA 156,809$ 156,809$ -$ 120 205 - I & S DEBT SERVICE FUND 433,057$ 433,057$ -$ 125 331 - CAPITAL PROJECTS FUND 1,230,436$ 1,230,436$ -$ 129 440 - WATER & SEWER 10,588,809$ 10,588,809$ -$ 133 442 - WATER DEVELOPMENT 400,000$ 400,000$ -$ 168 443 - SEWER DEVELOPMENT 350,000$ 350,000$ -$ 171 444 - RENEWAL & REPLACEMENT 2,994,250$ 2,994,250$ -$ 174 445 - WATER & SEWER RATE STABILIZATION 4,236,000$ 4,236,000$ -$ 177 447 - SOLID WASTE 3,536,220$ 3,536,220$ -$ 180 448 - STORMWATER OPERATING 1,722,632$ 1,722,632$ -$ 189 501 - MIS 564,279$ 564,279$ -$ 202 502 - FLEET 938,783$ 938,783$ -$ 209 503 - LOSS FUND 319,071$ 319,071$ -$ 217 504 - FULLY INSURED INSURANCE 3,497,886$ 3,497,886$ -$ 221 505 - WORKERS COMPENSATION 379,822$ 379,822$ -$ 226 TOTAL ALL FUNDS 46,989,945$ 46,989,945$ -$ TENTATIVE FY 2017 - 2018 BUDGET EXHIBIT "A" City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2017-R-29,Version:1 COUNCIL AGENDA ITEM SUBJECT: Resolution 2017-R-29 Internal Loan to the General Fund for Fiscal Year 2016-2017 DEPARTMENT: Finance SUMMARY: The City of Edgewater can use available unrestricted reserves in the Water and Sewer Rate Stabilization fund to loan to the General Fund for operating purposes pursuant to Resolution 2014-R-04 “Investment Policy”Section 14 which allows for short to medium term financing which must be approved by the City Council. The General Fund due to Hurricane Matthew at September 30,2017 must borrow an amount not to exceed $2,000,000 from Fund 445 “Water &Sewer Rate Stabilization”.This internal loan will be charged the Florida Prime “1-Day SEC Yield”as of the date of the transfer of funds.This internal loan shall have an amortization not to exceed five years. BUDGETED ITEM:☐ Yes ☒ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☒ Yes ☐ No ☐ Not Applicable RECOMMENDED ACTION: Motion to approve Resolution 2017-R-29 Internal Loan between Fund 001 and Fund 445 not to exceed $2,000,000 and be charged an interest rate of the Florida Prime “1-Day SEC Yield”as of the date of the transfer of funds. City of Edgewater Printed on 9/8/2017Page 1 of 1 powered by Legistar™ 1 #2017-R-29 RESOLUTION 2017-R-29 A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, ADOPTING BUDGET ADJUSTMENTS TO THE 2016-2017 FISCAL YEAR BUDGETS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater, by Resolution 2016-R-29, adopted an operating budget for Fiscal Year 2016-2017; and WHEREAS, the City of Edgewater, by Resolution 2016-R-43, amended the adopted operating budget for Fiscal Year 2016-2017 as a result of Hurricane Matthew; and WHEREAS, the City of Edgewater, by Resolution 2017-R-14, amended the operating budget for Fiscal Year 2016-2017 to allow for the use of Charter Reserves; and WHEREAS, the City of Edgewater, by Resolution 2017-R-15, amended the operating budget for Fiscal Year 2016-2017 to allow for the Mid Year Budget; and WHEREAS, the City of Edgewater, by Resolution 2017-R-15, amended the operating budget for Fiscal Year 2016-2017 to allow for the Mid Year Budget; and WHEREAS, the budget adjustments increase revenues and expenditures in total in an amount not to exceed $2,000,000 pursuant to an internal loan between Fund 001 “General Fund” and Fund 445 “Water & Sewer Rate Stabilization”; and WHEREAS, the internal loan will be charged the Florida Prime “1-Day SEC Yield” as of the date of the internal loan funds transfer and have a loan amortization not to exceed five years; and WHEREAS, the budget adjustments will allow the City of Edgewater to adjust the Fiscal Year 2016-2017 budget. NOW, THEREFORE, be it resolved by the City Council of Edgewater, Florida. Section 1. Budget Adjustment: The City Council of the City of Edgewater amends the Fiscal Year 2016-2017 budget by revising the budget in total in an amount not to exceed 2 #2017-R-29 $2,000,000 pursuant to an internal loan between Fund 001 “General Fund” and Fund 445 “Water & Sewer Rate Stabilization”. Section 2. Effective Date. This Resolution shall become effective immediately upon passage and adoption. After motion to approve was made by __________________________________________ with Second by __________________________________________. The vote on this resolution is as follows: AYE NAY Mayor Michael Ignasiak Councilwoman Christine Power Councilwoman Amy Vogt Councilman Daniel Blazi Councilman Gary Conroy PASSED AND DULY ADOPTED this 11th day of September, 2017. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA ______________________________ By:_________________________________ Robin L. Matusick Michael Ignasiak City Clerk Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire Approved by the City Council of the City of Edgewater at a meeting held on this 11th day of September, 2017 under Agenda Item No. 8___. City Attorney Doran, Sims, Wolfe & Ciocchetti Page 1 of 1 Loan Amortization Schedule HELP © 2008 Vertex42 LLC Loan Information Summary Loan Amount 2,000,000.00 Rate (per period)1.310% Annual Interest Rate 1.31%Number of Payments 5 Term of Loan in Years 5 Total Payments 2,079,281.93 First Payment Date 10/1/2018 Total Interest 79,281.93 Payment Frequency Annual Est. Interest Savings 0.00 Compound Period Annual . Payment Type End of Period . Annual Payment 415,856.39 [42] Amortization Schedule TRUE No.Due Date Payment Additional Payment Interest Principal Balance 2,000,000.00 1 10/1/18 415,856.39 26,200.00 389,656.39 1,610,343.61 2 10/1/19 415,856.39 21,095.50 394,760.89 1,215,582.72 3 10/1/20 415,856.39 15,924.13 399,932.26 815,650.46 4 10/1/21 415,856.39 10,685.02 405,171.37 410,479.09 5 10/1/22 415,856.37 5,377.28 410,479.09 0.00 Rounding On Rounding On City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2017-R-31,Version:2 COUNCIL AGENDA ITEM SUBJECT: Resolution No. 2017-R-31 Repealing and restating the Code Enforcement Board Bylaws DEPARTMENT: Fire Rescue/Code Enforcement Division SUMMARY: Repealing and restating the Code Enforcement Board bylaws in its entirety; repealing resolutions in conflict. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to approve Resolution No. 2017-R-31. City of Edgewater Printed on 9/8/2017Page 1 of 1 powered by Legistar™ 1 #2017-R-31 RESOLUTION NO 2017-R-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA;REPEALING AND RESTATING THE CODE ENFORCEMENT BOARD BY- LAWS IN ITS ENTIRETY; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater has made the following determinations: 1.During the August 10, 2017 Code Enforcement Board meeting, the Board voted to recommend a repeal and restatement to their existing by-laws in its entirety. 2.The repealed and restated by-laws are attached hereto and incorporated herein as Exhibit “A”. NOW, THEREFORE, be it resolved by the City Council of Edgewater, Florida: Section 1. The City of Edgewater hereby approves the repealed and restated Code Enforcement Board By-Laws which are attached hereto and incorporated herein as Exhibit “A”. Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. This resolution shall take effect upon adoption. After Motion to approve by _____________________________________ and Second by _____________________________________________, the vote on this resolution was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Amy Vogt Councilman Dan Blazi Councilman Gary T. Conroy 2 #2017-R-31 PASSED AND DULY ADOPTED this 11th day of September, 2017. ATTEST:CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Robin L. Matusick Michael Ignasiak City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims,Wolfe & Ciocchetti Approved by the City Council of the City of Edgewater at a meeting held on this 11th day of September, 2017 under Agenda Item No. 8______. 3 #2017-R-31 EXHIBIT “A” CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BY-LAWS CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD BY- LAWS ARTICLE I: Official Name The official name of the Board shall be the Citizen Code Enforcement Board of the City of Edgewater, Florida, hereinafter referred to as"CEB''. ARTICLE II: Purpose and Intent The purpose and intent of these By-Laws is to set forth a uniform set of procedures whereby the City of Edgewater Citizen Code Enforcement Board may regulate the manner in which it elects officers, conducts meetings, and otherwise carries out its functions. The By-Laws are to serve as a guideline in handling all affairs pertaining to the EdgewaterCitizen CodeEnforcementBoard. ARTICLE III: Membership A.Voting Members and Appointments 1.The CEB shall have seven (7) voting members. Each member shall be appointed by City Council for a term of three (3) years and shall be subject to removal as set forth by Council. The terms of the appointment shall be staggered. 2.A quorum shall consist of five (5) members. All recommendations and actions of the Board shall require an affirmative vote of a majority of the memberspresent. 3.Prior to appointment, prospective members shall submit a City application, stating herein a brief synopsis of their education, experience and reason for their interest in serving onthe CEB. 4.To be eligible for appointment, a prospective member shall be a resident of the CityofEdgewater. 5.No member of the CEB shall receive compensation for their service, provided, however, that members may be reimbursed for out-of-pocket expenses asapproved by the City. 6.The CEB shall provide a written recommendation to City Council for the appointment of a vacant seat or re-appointment of a Board member; all currentapplications shallaccompanytherequest. B.Vacancies I.During the term of appointment, should a member of the CEB change residence, to the extent he or she would not be eligible for appointment to the CEB, the member shall forfeitthe office and it shall be deemed vacant. 2.If a CEB member is absent for three (3) consecutive regular meetings, or is absent four (4) total meetings during any calendar year, said 4 #2017-R-31 member shall forfeit the office and it shall be deemed vacant. 3.City Council may remove any member of the CEB from office at any time. 4.Any vacancy occurring during the unexpired term of office of any member shall be filled by City Council. The vacancy shall be filled as soon as practical after it occurs. C. Voting Conflicts I . No member of the CEB shall vote upon any matter which would inure to his or her special private gain or loss, or any principle by whom he or she is retained, or by any relative or business associate. 2. No member of the CEB shall appear for or represent any person in any matter before the CEB other than him or herself No past member shall appear before the CEB except when representing him or herself for a period of twelve (12) calendar months after his or her service has ended. ARTICLE IV: Election of Officers A.Chairman I . The Chairman shall serve as the presiding officer at all meetings and hearings of the CEB and appoint any committees that are deemed necessary. 2. The Chairman shall be elected by a majority of the voting membership at the annual organizational meeting in the month of September and the term of office shall be one year. The Chairman shall be eligible for re-election. B.Vice-Chairman I.The Vice-Chairman shall be elected by the CEB from among its regular members in the same manner as the Chairman and shall be eligible for re-election. 2.The Vice Chairman shall serve as acting Chairman in the absence of the Chairman and at such times shall have the same powers and duties of the Chainnan. 3.In the event of death, resignation or removal from office of the Chairman, the Vice Chairman shall perform the various duties until such time the CEB shall elect a new Chairman and Vice Chairman. C.Other Presiding Officers The members of the CEB may select an additional member to preside over the meeting(s) in the absence of the Chairman and Vice Chairman. D.Board Coordinator 1.The board coordinator shall be provided by the City and be a City 5 #2017-R-31 employee. 2.The board coordinator shall prepare and distribute agendas, correspondence and minutes and shall establish and maintain files to ensure they are properly kept. All recorded meeting tapes shall be provided to the City Clerk. 3.Any correspondence prepared by a member of the CEB shall be provided to the board coordinator for distribution to the CEB members. E.Professional Support The City shall provide separate legal counsel for the CEB.It is preferred that legal counsel shall be an attorney other than the City Attorney, but the City Attorney may provide legal assistance in the absence of the CEB Attorney. He or she shall provide the necessary legal support to the CEB. ARTICLE V: Meetings/Hearings A.Regular Meetings Regular scheduled meting of the CEB shall be held on the second Thursday of each month. B.Special Meetings Special meetings or hearings of the CEB may be called by the Chairman. C.Requirements All meetings shall be open to the public, provide due public notice, follows Roberts Rules of Order and the Florida Sunshine Laws. ARTICLE VI: Powers and Duties A.The CEB shall exercise the following powers and duties: I.Adopt rules for the conduct of hearings. 2.Hold hearings and impose administrative costs, fines and various non-criminal, civil penalties to provide for an equitable, expeditious and effective process to achieve compliance and/or enforcement of the laws; Code of Ordinances, and statues in force in the City. 3.Subpoena alleged violators and witnesses to the hearing. Subpoenas may be served by any law enforcement officer of the City or as otherwise permitted by law. 4.Subpoena evidence to the hearing. 5.Take testimony under oath. 6.Issue orders having the force of law to command whatever steps are necessary to bring violation into compliance with City codes or ordinances. However, any orders that require the City to expend money or directs City employees to perform work, i.e., demolition 6 #2017-R-31 or repair of a structure, must be approved by the City Manager or City Council before becoming effective. 7.CEB members are prohibited from 1mtiatmg Code compliance complaints that may be presented to them in a hearing at a later date. B.ConductofHearing !.Hearings shall be held once a month, but may be held more or less often as the demand necessitates. Minutes shall be kept of all hearings and all such hearings shall be open to the public. The City Manager or his designee shall provide clerical and administrative personnel as may be reasonably required for the proper performance of his or her duties; At any hearing, the Board may continue any matter to a future hearing date. 2.Each case before the Board shall be presented by a code compliance officer, a member of the City Administrative Staff, the City Attorney,any Assistant City Attorney, or any special counsel. If the City prevails in prosecuting a case before the Board, it shall be entitled to recover all costs incurred in prosecuting said case and such costs may be added to the fine and become part of any lien. 3.The Board shall proceed to hear the cases on the agenda for the respective hearing. All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply, however, fundamental due process shall be observed and shall govern all proceedings. 4.At the hearing, the Board shall advise the alleged violator of the section of the code of which he or she is accused of violating and the nature of the violation. The Board shall first seek to determine whether or not the alleged violator admits the violation.If the alleged violator admits the violation, the Board shall hear such testimony and evidence as he or she deems necessary to determine the extent of the violation and appropriate fine amount.If the alleged violator denies that a violation has occurred, the Board shall hear first from the City and any City witnesses and evidence, and the alleged violator shall have the right to cross-examine City witnesses. At the close of the presentation of the City's case against the alleged violator, the alleged violator shall be permitted to present his or her evidence, testimony of other witnesses and his or her own testimony in his or her defense. The City shall have the burden of proving the violation by a preponderance of the evidence. 5.At the conclusion of the hearing, the Board shall issue findings of fact based on the evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted herein. The order may include a notice that it must be complied with by a specified date, that a fine may be imposed for 7 #2017-R-31 noncompliance, and the cost of repairs may be included along with the fine under the conditions specified in Section 21-121.04, Code of Ordinance, City of Edgewater, if the order is not complied with by the prescribed date. A certified copy of such order may be recorded in the public records of Volusia County and shall constitute notice to any subsequent purchasers, successors in interest or assigns if the violation concerns real property, and the satisfaction of the fine. A hearing is not required for the issuance of such an order acknowledging compliance. C. Appeals An aggrieved party, including the City, may appeal a final administrative order of the Board by certiorari to the Circuit Court of Volusia County. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the Board.An appeal shall be filed within thirty (30) days for the execution of the order to be appealed. ARTICLE VII: Amendments The By-Laws may be amended at a regular or special meeting of the CEB, provided that an affirmative vote of the majority of the members present is obtained and approved by City Council. Adopted by the Board this day of , 2009 Chairman ATTEST: Tabitha Russell, Board Coordinator 8 #2017-R-31 CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BY-LAWS ARTICLE I. Official Name The official name of the Board shall be the Citizen Code Enforcement Board of the City of Edgewater, Florida, hereinafter referred to as “the Board”. ARTICLE II. Purpose and Intent The purpose and intent of these Bylaws is to set forth a uniform set of procedures whereby the Board and Special Magistrate may regulate the manner in which its Board members and Special Magistrate, conducts meetings, and otherwise carries out its functions. ARTICLE III. Jurisdiction The Code Enforcement Board, (hereinafter referred to as “the Board”), and Special Magistrate shall have jurisdiction over those matters which are set forth in the Code of Ordinances of the City of Edgewater. ARTICLE IV. Board Membership, Officers, Election of Officers and Duties A.Board Members. There shall be seven (7) members of the Board who are appointed by the City Council, and shall serve a term of three (3) years. A member may be reappointed, subject to approval by the City Council. To be eligible for appointment, a prospective member shall be a resident of the City of Edgewater. 1. Prior to appointment, prospective members shall submit a City application, stating herein a brief synopsis of their education, experience and reason for their interest in serving on the Code Enforcement Board. 2. The Board shall provide a written recommendation to City Council for the appointment of a vacant seat or reappointment of a Board member, all current applications shall accompany the request. 3. No member of the Board shall receive compensation for their service, provided however those members may be reimbursed for out-of-pocket expenses as approved by the City. B. Duties of Board Members Generally. Members of the Board shall comply with applicable State statutes and local ordinances governing their conduct, particularly with respect to “Government in the Sunshine”, and the Code of Ethics for public officers. State law requires Board Members to complete a Financial Form annually. 1. During the term of appointment, should a member of the Board change residence, to the extent he or she would not be eligible for appointment to the Board, the member shall forfeit the office and it shall be deemed vacant. 2. City Council may remove any member of the Board from office at any time. 3. Any vacancy occurring during the unexpired term of office of any member shall be filled by City Council. The vacancy may be filled as soon as practical after it occurs. 9 #2017-R-31 C. Board Officers. There are hereby established the following officers: 1.Chairman. The Chairman shall preside at all meetings and hearings of the Board and shall have the duties normally conferred by parliamentary usage on such officers. In particular, the Chairman shall sign all Orders as may be adjudicated and/or authorized by the Board. 2.Vice Chairman. The Vice Chairman shall act in the absence of the Chairman. The Vice Chairman shall sign Orders in the absence of the Chairman. In the absence of the Chairman and the Vice Chairman, a member selected by the Board may be designated to serve in their absence. The members of the Board may select an additional member to preside over the meeting(s) in absence of the Chairman and Vice Chairman. 3.Board Coordinator. The Board Coordinator shall be provided by the Code Enforcement Division of the City of Edgewater. The Board Coordinator shall maintain a record of Board Proceedings, maintain all records pursuant to those proceedings, prepare and deliver meeting Agendas, and in general, serve as the liaison between the Board and the City of Edgewater. Any correspondence prepared by a member of the Board shall be provided to the Board Coordinator for distribution to the Board members. D. Election of Board Officers. The Chairman and Vice Chairman of the Code Enforcement Board shall be elected by members of the Board. Nomination of officers shall be made in September of each even number year at a regularly noticed meeting, and the election shall be held immediately thereafter. The candidate receiving a majority vote shall be declared elected, and shall serve a term of two (2) years, or until a successor shall take office. The Vacancies in the offices of Chairman and Vice Chairman shall be filled by the election procedure as described in this Part at any regularly noticed meeting when a vacancy is declared. The Chairman and Vice Chairman shall be eligible for reelection ARTICLE V. Board Meetings and Hearings A.Regular Meetings. Regular meetings shall be held at least once a month. Regular meetings shall be held on the second Thursday of each month. The Board may set meetings more frequently if necessary. Every effort shall be made to have the agendas for Regular meetings published/posted at least 5 days prior to the meeting but in no case less than 48 hours. B.Special Meetings. Special meetings may be called by the Chairman or at least three (3) members of the Board by written notification to the Chairman. The Board shall hold hearings as necessary to insure the effectiveness of any Order issued by the Board. C.Notice of Meetings. Notice of all meetings, both regular and special, shall be given to all Board Members at least twenty-four (24) hours in advance of the meeting. Notice of all meetings shall be provided to the City Clerk for inclusion on the City’s schedule of meetings and events. 10 #2017-R-31 D.Attendance. Members shall notify the Chairman of the Board, through the Board Coordinator, if they cannot attend a meeting. If a member is absent from for three (3) consecutive regular meetings, or is absent four (4) total meetings during any calendar year, said member shall forfeit the office and the Board shall declare that Member’s office vacant. E.Quorum. A quorum of the Board shall consist of (4) or more members, and an affirmative vote of a majority of those Members present and voting shall be necessary to pass any motion to adopt any order or otherwise conduct Board business. At least four (4) members of the Board must vote in order for any action to be official. If the Board shall not have a quorum to conduct such scheduled code hearings, the Special Magistrate shall conduct such hearing independently and in absence of the Board. F.Voting. Voting shall be by voice vote and shall be recorded by individual “aye” or “nay”. Each member shall vote on every matter coming before this Board unless prohibited from doing so pursuant to Section G of this part. G. Voting Conflict/Abstention. In accordance with Section 286.012 of Florida Statutes, a member who is present at a meeting at which an official decision, ruling, or other official act is to be taken or adopted may not abstain from voting in regard to any such decision, ruling, or act and a vote shall be recorded or counted for each member present unless with respect to any such member there is, or appears to be, a possible conflict of interest. If there is, or appears to be, a possible conflict in accordance to the aforementioned sections, the member shall comply with the disclosure requirements of s. 112.311, s. 112.313, or s. 112.3143. Pursuant to section 112.3143, Florida Statutes, a Member is prohibited from voting in an official capacity on any matter which would inure to his or her private gain and prohibited from knowingly voting in his or her official capacity upon any measure which inures to the special gain of any principal by whom he or she is retained, or to the parent organization or subsidiary of a corporate principal by which he or she is retained, or whom he or she knows could inure to the special private gain of a relative or business associate. H.Procedure. The Rules of Procedure contained herein and Robert’s Rules of Order, Revised shall govern parliamentary procedure in all Board Meetings. ARTICLE VI. Order of Business A. Cases may be called in the order in which they appear on the agenda or as determined by the Chairman or Special Magistrate, however; cases for which alleged violators have appeared shall be heard first according to their order on the agenda. The order of business may be suspended by a majority vote of those members present. B. The outline for the monthly meeting agenda shall be as follows: 1. Call to Order 2. Roll Call 3. Purpose/Process Opening Statement 4. Approval of Minutes 5. Swearing in of all those persons prepared to testify before the Board 6. Disclosure of ex parte communications* 11 #2017-R-31 7. Compliances a. Cases in compliance before Hearing b. Cases Administratively Closed 8. Requests for Tabling/Continuance 9. New Business – Public Hearing a. All cases where the Respondents are present will be heard first in the order presented on the Agenda b. Remaining cases where Respondents are not present may be heard in an expedited fashion by reading each case number and voting on all cases with a single motion c. Cases Tabled from Previous Meetings 10. Old or Unfinished Business 11. Board Discussion 12. Code Enforcement Division Report 13. Public Discussion 14. Next Meeting Date 15. Adjournment *Ex parte communication: Any person not otherwise prohibited by statute, charter provision, resolution or ordinance may discuss with any Board member the merits of any matter on which action may be taken by any Board member. Such communication shall not raise any presumption of prejudice provided the following disclosure procedures are followed: a) The subject and substance of any ex parte communication with the Board member which relates to quasi-judicial action pending before the official as well as the identity of the person, group, or entity with whom the communication took place is disclosed and made part of the record before final action is taken on the matter. b) A Board member may read a written communication from any person. However, a written communication that relates to quasi-judicial action pending before a Board member shall be made part of the record before final action is taken on the matter. c) Board members may conduct investigations, make site visits and receive expert opinions regarding a quasi-judicial action pending before them provided such activities and the existence of such investigations, site visits or expert opinion is made a part of the record before final action is taken on the matter. d) Disclosure made pursuant to a), b) and c) above must be made before or during the public hearing at which a vote is to be taken and persons having opinions contrary to those expressed in the ex parte communication shall be given a reasonable opportunity to refute or respond to the communication. ARTICLE VII. The Board and Special Magistrate shall exercise the following powers and duties: 12 #2017-R-31 a. Adopt rules for the conduct of hearings. b. Hold hearings and impose administrative costs, fines and various non- criminal, civil penalties to provide for an equitable, expeditious and effective process to achieve compliance and/or enforcement of the laws; Code of Ordinances, and status in force in the City. c. Subpoena alleged violators and witnesses to the hearing. Subpoenas may be served by any law enforcement officer of the City or as otherwise permitted by law. d. Subpoena evidence to the hearing. e. Take testimony under oath. f. Issue orders having the force of law to command whatever steps are necessary to bring violation into compliance with City codes or ordinances. However, any orders that require the City to expend money or directs City employees to perform work i.e., demolition or repair of a structure, must be approved by the City Manager or City Council before becoming effective. ARTICLE VIII. Conduct of Hearings The following procedures will be observed in hearings before the Board or Special Magistrate: a. Alleged violator (s) (including, legal counsel or authorized representative of the alleged violator), the code enforcement officer(s) handling the case, and all other witnesses who will be providing testimony or offering other evidence shall be sworn in. b. The code enforcement officer, a member of the city administrative staff, the City Attorney, any Assistant City Attorney, or any special counsel shall present the city’s case. c. The Board or the Special Magistrate shall first seek to determine whether or not the alleged violator admits the violation. If the alleged violator admits the violation, the Board or the Special Magistrate shall hear such testimony and evidence as he or she deems necessary to determine the extent of the violation and appropriate fine amount. If the alleged violator denies that a violation has occurred, the Board or the Special Magistrate shall hear first from the city and any city witnesses and evidence, and the alleged violator shall have the right to cross-examine city witnesses. At the close of the presentation of the city's case against the alleged violator, the alleged violator shall be permitted to present his or her evidence, testimony of other witnesses and his or her own testimony in his or her defense. The city shall have the right to cross-examine the alleged violator and his or her witnesses. The city shall have the burden of proving the violation by a preponderance of the evidence. d. Failure to appear at the hearing will indicate that the alleged violators have waived their right to contest the violation and an order may be entered against the alleged violator for the maximum applicable penalties that include but not limited to administrative costs, fines, daily fines and liens. e. Any evidence that the code enforcement officer, alleged violator or a witness presents before the Board or Special Magistrate may be admitted by the Board Chairman or Special Magistrate and submitted to the Board’s Coordinator at the time the case is heard. 13 #2017-R-31 f. The Board or Special Magistrate may question any party or witness or call any witness to testify that it feels is necessary to understand the factual and legal allegations of the case. g. The Board or Special Magistrate may, at its discretion, and at any time during the hearing, request further information from either party or witness and thereupon continue the hearing to a date certain at a regularly or specially scheduled hearing. h. Upon presentation of all evidence, the Chairman or Special Magistrate shall close the hearing. Notwithstanding the foregoing, the Chairman or Special Magistrate, in his or her discretion, may re-open the hearing to additional evidence if the Board or Special Magistrate deems it necessary. i. The Board or Special Magistrate may only consider that evidence which is presented at the hearing. j. The Board shall immediately deliberate in open session. k. Based on the evidence presented at the hearing, the Board or Special Magistrate shall determine whether the alleged violator is guilty or not guilty of the cited code violation(s). l. At the conclusion of the hearing, the Board or the Special Magistrate shall issue findings of fact based on the evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted herein. The order may include a notice that it must be complied with by a specified date, that a fine may be imposed for noncompliance, and the cost of repairs may be included along with the fine under the conditions specified in section 10-347 if the order is not complied with by the prescribed date. A certified copy of such order may be recorded in the public records of Volusia County and shall constitute notice to any subsequent purchasers, successors in interest or assigns if the violation concerns real property, and the satisfaction of the fine. A hearing is not required for the issuance of such an order acknowledging compliance. m. In addition to the provisions of subsection (l) of this section, in cases involving drug related, prostitution related, or stolen property related public nuisances and criminal gang activity the Board or the Special Magistrate may declare the place or premises to be such a public nuisance, as defined in Chapter 10 of the Code of Ordinances, and may enter an order requiring the owner of such place or premises to adopt such procedure as may be appropriate under the circumstances to abate any such nuisance or may enter an order immediately prohibiting: 1. The maintaining of the nuisance; 2. The operating or maintaining of the place or premises, including the closure of the place or premises or any part thereof; or 3. The conduct, operation, or maintenance of any business or activity on the premises which is conducive to such nuisance. 4. An order entered under this subsection (12) shall expire after one year or at such earlier time as may be stated in the order. 5. An order entered under this subsection (12) may be enforced pursuant to the procedures contained in F.S. § 120.69. This subsection shall not be 14 #2017-R-31 construed as subjecting the city or special magistrate to any other provision of F.S. ch. 120. n. The Board may consult with counsel for the Board on legal matters or consult with counsel for the City for clarification on the City’s case during the hearing or at any other such time as the Board deems necessary. ARTICLE IX. Appeals An aggrieved party, including the City, may appeal a final administrative order of the Board by a writ or order by which a higher court reviews a decision of a lower court of the Circuit Court of Volusia County. Such an appeal shall be limited to appellate review of the record created before the Board. An appeal shall be filed within thirty (30) days for the execution of the order to be appealed. ARTICLE X. Miscellaneous a. All meetings, regular or special, and all hearings shall be open to the public in accordance with the provisions of the Florida “Sunshine Law” (Chapter 286, Florida Statutes). b. All records of the Board shall be open to public examination, inspection and copying in accordance with the provision of the Florida “Public Records Law” (Chapter 119, Florida Statutes). ARTICLE XI. Amendments The Bylaws may be recommended for amendment in a manner not inconsistent with the City Code, during a regular meeting by the affirmative vote of at least four (4) members of the Board provided notice of the proposed change is given to the Board at a preceding regular meeting. The City Council shall have final adoption authority of any amendment to the Board’s Bylaws. Adopted by the City Council this ________ day of ______________, 2017 under Item #8_______. ATTEST: ___________________________________________________________________ City Clerk Mayor City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2017-R-32,Version:2 COUNCIL AGENDA ITEM SUBJECT: Resolution 2017-R-32 Authorizing Acceptance of a Volusia ECHO 2017 Grants-in-Aid Grant;Entering into a Restrictive Covenant; Providing for Transmittal of the ECHO Grant Acceptance Agreement DEPARTMENT: Parks & Recreation SUMMARY: On April 20,2017 the Volusia County Council approved the ECHO Advisory Committee recommendation for the City of Edgewater’s ECHO Grants-in-Aid award for the Whistle Stop Park Improvement Project. The attached documents provide for the acceptance of the ECHO Grant in the amount of Four Hundred Thousand Dollars ($400,000) BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☒ No ☐ Not Applicable RECOMMENDED ACTION: Recommend Approval of Resolution 2017-R-32 Authorizing the Mayor to sign the acceptance of the Volusia ECHO 2017 Grants-in-Aid Grant,Restrictive Covenant,and Providing for the Transmittal of the ECHO Grant Acceptance Agreement. City of Edgewater Printed on 9/8/2017Page 1 of 1 powered by Legistar™ Page 1 of 2 Restrictive Covenants THESE COVENANTS are entered into this 11th day of September, 2017, by the . Hereinafter referred to as “the Owner” and the City of Edgewater , hereinafter referred to as “the Grantee/Lessee,” and shall be effective for a period of 30 years from the date of recordation by the Clerk of the Circuit Court of Volusia County, Florida. WHEREAS, the Owner is the fee simple title holder of the Property located 651 Roberts Road, Edgewater , in the County of Volusia, Florida, as described as Exhibit A (legal description), attached to and made a part hereof, and WHEREAS, the Grantee/Lessee is to receive ECHO Grant Program funds administered by the County of Volusia, Florida, 123 W. Indiana Avenue, DeLand, FL 32720, hereinafter referred to as “the County,” in the amount of $ 400,000 , to be used for the construction of the facility for public used specifically described in the ECHO Grant Agreement and its attached documents, situated on the property of the Owner as described as Exhibit A, and Now THEREFORE, as part of the consideration for the County grant, the Owner and the Grantee/Lessee hereby make and declare the following restrictive covenants which shall run with the title to said Property and be binding on the Owner and its successors in interest, if any, for the period stated in the preamble above: 1. The Owner and the Grantee/Lessee agree to maintain the property so that it continues to be used for as an ECHO facility as defined in the ECHO application definition and described in the grantee’s application No. GY 17- 04. 2. The Owner and the Grantee/Lessee agree that the County of Volusia, its agents and its designees shall have the right to inspect the Property at all reasonable times in order to ascertain whether the conditions of the Grant Award Agreement and these covenants are being observed. 3. The Owner and the Grantee/Lessee agree that these restrictions shall encumber the property for a period of 30 years from the date of recordation, and that if the restrictions are violated within the 30 -year period, the County of Volusia shall be entitled to liquidated damages pursuant to the following schedule: a. If the violation occurs within the first half of the effective time period of these covenants, the County shall be entitled to return of the entire grant amount. b. If the violation occurs after the first half of the effective time period, the County shall be entitled to return of the entire grant amount, less the quotient of 2 divided by the number of years in the time period times each year past the mid period of the effective time period times the grant amount. For instance, if the effective period is for thirty (30) years and the violation occurs after the twentieth anniversary of the effective date of these covenants, but prior to the twenty-first anniversary, the County shall be entitled to return of 50% of the original grant amount. 4. The Owner and Grantee/Lessee are liable to the County of Volusia for the amount of the grant if the Owner or Grantee/Lessee breach these Restrictive Covenants and/or the Grant Award Agreement dated September 11, 2017. To insure the ability to repay the grant, the Owner and Grantee/Lessee have agreed that they will maintain unencumbered equitable value in the property of at least the amount, and for at least the period of time provided in paragraph three (3) above. The Owner and Grantee/Lessee will not secure with a mortgage or otherwise hypothecate that equitable value in the property. Page 2 of 2 5. The Owner agrees to file these covenants with the Clerk of the Circuit Court of Volusia County, Florida, and shall pay any and all expenses associated with their filings and recording. 6. The Owner and Grantee/Lessee agree that the County of Volusia shall incur no tax liability as a result of these restrictive covenants. IN WITNESS WHEREOF, the Owner and Grant Recipient have read these Restrictive Covenants and have hereto affixed their signatures. OWNER: GRANTEE: Mayor Michael Ignasiak Witness: Sign Print Witness: Sign Print SWORN TO and subscribed before me this day of , 2017 by Such person (s) are: [ ] personally know to me [ ] produced a current driver license(s) [ ] produced as identification NOTARY PUBLIC SEAL Notary Public Signature Printed, typed or stamped name of Notary Public Commission No: My Commission Expires: 2017-R-32 1 RESOLUTION NO. 2017-R-32 A RESOLUTION OF THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, ACCEPTING THE VOLUSIA ECHO 2017 GRANTS-IN-AID GRANT FROM THE COUNTY OF VOLUSIA; ASSURING DEDICATION AND AVAILABILITY OF THE REQUIRED FIFTY PERCENT (50%) MATCHING FUNDS; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ENTER INTO A BINDING GRANT AWARD AGREEMENT AND RESTRICTIVE COVENANTS; PROVIDING FOR TRANSMITTAL OF THE ECHO GRANT AGREEMENT AND CERTIFICATION TO VOLUSIA COUNTY; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND APPLICABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Whistle Stop Park, a (14) acre recreational complex is located at 651 Roberts Road, Edgewater, FL. WHEREAS, the City wishes to re-develop 100% of the Park located at 651 Roberts Road, Edgewater, FL. WHEREAS, the City Council of the City of Edgewater, Volusia County, Florida, has agreed to accept a Volusia ECHO 2017 Grants-In-Aid Grant from Volusia County’s Growth and Resource Management Department. WHEREAS, a copy of the ECHO 2017 Grants-In-Aid acceptance agreement is attached and incorporated herein as Exhibit “A”. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. The City Council hereby authorizes acceptance of the Volusia ECHO 2017 Grants-In-Aid agreement from the County of Volusia’s Growth and Resource Management Department. 2017-R-32 2 Section 2. The project name for which the grant is accepted will be known as Whistle Stop Park Improvements. Section 3. The total cost of the project is estimated to be three million, nine hundred thousand dollars ($3,900,000). Section 4. The City is accepting the grant in the amount of four hundred thousand dollars ($400,000). Section 5. The City has already budgeted up to three million nine hundred thousand dollars ($3,900,000) for the Project and assures dedication and availability of matching funds up to three million, five hundred thousand dollars ($3,500,000) within ninety (90) days of the Grant award funding notification, which exceeds the required fifty percent (50%) match. Section 6. The City Council hereby authorizes the Mayor to enter into a binding grant award agreement and restrictive covenants. Section 7. The City is fiscally and legally responsible to satisfactorily develop, operate and maintain the Project. Section 8. The City Council hereby designates Samantha Bergeron, Parks & Recreation Director to transmit a copy of this resolution, the certification and the original grant application and twenty (20) copies to the County of Volusia’s Growth and Resource Management Department. Section 9. An official, adopted and certified resolution of the City of Edgewater, shall be included with the application. Section 10. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 11. Severability and Applicability. If any portion of this resolution is for 2017-R-32 3 any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this resolution. If this resolution or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. Section 12. Adoption and Effective Date. This resolution shall take effect upon adoption. After Motion to approve by _______________________________________ with Second by _______________________________________________, the vote on this Resolution was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Amy Vogt Councilman Dan Blazi Councilman Gary T. Conroy 2017-R-32 4 PASSED AND DULY ADOPTED this 11th day of September 2017. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA ______________________________ By:_____________________________ Robin L. Matusick Michael Ignasiak City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Wolfe, Sims & Ciocchetti Approved by the City Council of the City of Edgewater at a meeting held on this 11th day of September, 2017 under Agenda Item No. 8_____. City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2017-2825,Version:1 COUNCIL AGENDA ITEM SUBJECT: Economic Development Board -Mayor Ignasiak's appointment due to the 7/15/2016 term expiration of Chip Selman. DEPARTMENT:Economic Development SUMMARY: BUDGETED ITEM:☐ Yes ☐ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☐ Not Applicable RECOMMENDED ACTION: Reappoint Chip Selman for a three-year term expiring 7/15/2019. City of Edgewater Printed on 8/28/2017Page 1 of 1 powered by Legistar™ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2017-2830,Version:1 COUNCIL AGENDA ITEM SUBJECT: Economic Development Board - Councilwoman Power's appointment due to the term expiration of Jeff Berner. DEPARTMENT:Economic Development SUMMARY: BUDGETED ITEM:☐ Yes ☐ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☐ Not Applicable RECOMMENDED ACTION: The Economic Development Board recommends appointing Debbie Dolbow for a three year term. City of Edgewater Printed on 8/28/2017Page 1 of 1 powered by Legistar™ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2017-2831,Version:1 COUNCIL AGENDA ITEM SUBJECT: Economic Development Board - Councilwoman Vogt's appointment due to the resignation of Oscar Zeller. DEPARTMENT:Economic Development SUMMARY: BUDGETED ITEM:☐ Yes ☐ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☐ Not Applicable RECOMMENDED ACTION: Approve the Economic Development Board’s recommendation to appoint Todd Perry for a 3 year term. City of Edgewater Printed on 8/28/2017Page 1 of 1 powered by Legistar™ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2017-2835,Version:2 COUNCIL AGENDA ITEM SUBJECT: Florida Health Care Plans and Brown &Brown Insurance review of medical claims history and discuss future premiums. DEPARTMENT: Human Resources SUMMARY: At the request of the City Council,staff has requested for Florida Health Care representatives and Brown & Brown Insurance Broker to review the medical claims history.The presented claims history as well as the insurance benefit plan design is what dictate the insurance premiums as well as future premium renewal costs. The representatives will also discuss alternatives that could reduce renewal costs of the healthcare premiums and will compare any changes in the alternate benefits compared to the existing healthcare benefit currently provided. BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☒ No ☐ Not Applicable RECOMMENDED ACTION: Provide staff direction regarding healthcare benefit renewal in order to set 2018 premium rates. City of Edgewater Printed on 8/28/2017Page 1 of 1 powered by Legistar™ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2017-2834,Version:1 COUNCIL AGENDA ITEM SUBJECT: Consent Order Compliance and Mixing Zone Study Change Order DEPARTMENT: Environmental Services SUMMARY:On January 11,2013,the City entered into a Consent Order with the Florida Department of Environmental Protection in regards to violations of discharges from the Wastewater Treatment Plant in exceedance of the permit limits for Total Recoverable Copper.Since then,staff has done several projects to come into compliance with the permit limits with no success.The latest corrective action is to provide a mixing zone study to evaluate the mixing characteristics of the Indian River Lagoon.This was approved by City Council on July 16,2016.Subsequently,FDEP required additional field measurements and surveying work that was not included in the original scope of services in order to complete the Mixing Zone Study.Below is a summary of the original versus revised budgets and additional surveying requirements.Staff is requesting approval of Change Order #1. Task Original Revised Diff. 1 $11,785.00 $9,151.00 -$2,634.00 2 $76,097.00 $93,810.00 $17,713.00 3 $26,384.00 $26,040.00 -$344.00 4 $19,420.00 $19,420.00 $0.00 5 $12,422.00 $12,422.00 $0.00 6 $1,992.00 $1,992.00 $0.00 Totals $148,100.00 $162,835.00 $14,735.00 Additional $7,486.00 Surveying $2,300.00 Change Order Requested $24,521.00 BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☒ Yes ☐ No ☐ Not Applicable RECOMMENDED ACTION: A motion to approve Change Order #1 to Purchase Order #8798 in the amount of $24,521.00. City of Edgewater Printed on 8/28/2017Page 1 of 1 powered by Legistar™ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2017-2811,Version:1 COUNCIL AGENDA ITEM SUBJECT : Extending Resolution No.2013-R-12;the policy to temporarily waive fees for annexation of residential and non-residential property DEPARTMENT: Development Services SUMMARY: In an attempt to diversify the tax base within the City of Edgewater the City desires to annex additional non-residential and residentially zoned properties.To encourage additional annexations, this Resolution permits a temporary policy to allow for the reduction in fees for annexation, comprehensive plan map amendments and zoning map amendments. City Council originally approved Resolution #2010-R-12 on June 21,2010 to waive fees for the annexation of non-residential properties only.Resolution No.2013-R-12 waives said fees for all property types. City Council subsequently approved a one (1)year extension of Resolution #2010-R-12 on September 27,2010.City Council extended this policy for an additional one (1)year on July 18,2011 for a revised expiration date of September 30,2012.City Council extended this policy for another one (1) year on September 24, 2012 for a revised expiration date of September 30, 2013. City Council approved this resolution which had an original expiration date of September 30,2014 with the option of extending additional one (1)year terms on July 15,2013.This resolution was extended for one (1) year terms on September 8, 2014; September 14, 2015 and September 6, 2016. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to extend Resolution No. 2013-R-12 to September 30, 2018. City of Edgewater Printed on 8/28/2017Page 1 of 1 powered by Legistar™ RESOLUTION NO. 2013-R-12 A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA; ESTABLISHING POLICY FOR THE CITY COUNCIL TO TEMPORARILY WAIVE FEES FOR THE ANNEXATION OF RESIDENTIAL AND NON- RESIDENTIAL ZONED PROPERTY; PROVIDING FOR CONFLICTING PROVISIONS, AN EFFECTIVE DATE, ADOPTION AND EXPIRATION DATE. WHEREAS, Article VIII s. 2(b) of the State Constitution states municipalities shall have the governmental powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council adopted Resolution No: 2012-R-28 on January 7, 2013 which incorporated various fees/costs, surcharges and administrative costs/fees relating to the Code of Ordinances, Land Development Code and various administrative costs/fees; and WHEREAS, the City Council has determined that it is necessary to take action in order to provide a more efficient level of services for those residing in southeast Volusia County; and WHEREAS, the City Council has determined in order to carry out the aforementioned efficiency initiatives is by annexing additional residential and non-residential zoned properties into the incorporated city boundaries of the City of Edgewater; and WHEREAS, the City Council desires to institute a temporary policy to allow for the waiving in the Annexation, Comprehensive Plan Map Amendment and Zoning Map Amendment fees for residential and non-residential zoned properties desiring to be annexed into the City of Edgewater; and NOW, THEREFORE, BE IT RESOLVED by the People of the City of Edgewater, Florida: Section 1. This provision applies to the annexation of residential and non-residential zoned properties into the corporate city boundaries of the City of Edgewater. Section 2. Eligible properties shall have the sum total of the Annexation, Comprehensive Plan Map Amendment and Zoning Map Amendment fees waived. Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. This resolution shall become effective immediately upon adoption and shall expire on September 30, 2014. Section 5. The expiration of this resolution may be extended in periods not to exceed one (1) year by the City Council provided the City Council approves the extension prior to its expiration. 2013-R-12 1 COU-R C1.1100rrtaIA After Motion to approve by with Second by(!(v iJu v .n , the vote on mower this resolution on July 15, 2013, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilwoman Michael Ignasiak EXCLIWD Councilman Gene Emter X PASSED AND DULY ADOPTED this 15th day of July, 2013. ATTEST: CITY COUNCIL OF THE CITY OF EDG 'WA, :R, FLORIDA 0 Bonnie Wenzel Mike i City Clerk ayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 15th day legality by: Aaron Wolfe, Esquire of July, 2013 under Agenda Item No. 8h . City Attorney Doran, Sims,Wolfe, & Kundid 2013-R-12 2