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12-05-2016City Council City of Edgewater Meeting Agenda 104 N. Riverside Drive Edgewater, FL 32132 Michael Ignasiak, Mayor Christine Power, District 1 Gigi Bennington, District 2 Dan Blazi, District 3 Gary T. Conroy, District 4 Council Chambers6:30 PMMonday, December 5, 2016 We respectfully request that all electronic devices are set for no audible notification. This Regular Council meeting will start immediately following the conclusion of the Special Council meeting starting at 6:00 pm 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 2. APPROVAL OF MINUTES - None at this time 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS Certificate of Achievement for Excellence in Financial Reportinga. doc04012420161017160540Attachments: Presentation of a Proclamation and Plaque to John Riesbeck of Smokin' J's Real Texas BBQ and Shawn Gilmer who came from Gulfport, Florida during the aftermath of Hurricane Matthew in support of the City of Edgewater and our residents by bringing food and a truck load of various supplies. b. Presentation by Bev Johnson of the YMCA on the Community Healthy Living Index (CHLI) and 2016 Results c. City of Edgewater 2011 results City of Edgewater 2016 results Attachments: 3.a. Proclamations Presented Outside Chambers - None at this time 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 Page 1 City of Edgewater Printed on 11/23/2016 December 5, 2016City Council Meeting Agenda 6. CITY COUNCIL REPORTS 7. CONSENT AGENDA 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. Thomas Street Septic Tank Elimination & Stormwater Improvements - Project Close-Out a. 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS Second Reading/Public Hearing - Ordinance No. 2016-O-24.a. 2016-O-24 #2-General Pension Letter of No Impact Attachments: 1st Reading - Ordinance No. 2016-O-45: Ed and Donna Ruby requesting annexation of 3.46± acres of land located along the north side of Acee Drive (PID 7431-00-00-0151). b. 2016-O-45 Location Map Aerial Attachments: 1st Reading - Ordinance No. 2016-O-46: Ed and Donna Ruby requesting an amendment to the Comprehensive Plan Future Land Use Map to include 3.46± acres of land located along the north side of Acee Drive (PID 7431-00-00-0151) as Low Density Transition. c. 2016-O-46 Location Map Aerial Future Land Use Map Attachments: 1st Reading - Ordinance No. 2016-O-47: Amberly Pearson, requesting annexation of 8.6± acres of land located along Pearl Lake Trail and Taylor Road. d. 2016-O-47 Location Map Aerial Attachments: 1st Reading - Ordinance No. 2016-O-48: Amberly Pearson, requesting an amendment to the Comprehensive Plan Future Land Use Map to include 8.6± acres of land located at 2450 Taylor Road; 2460 Taylor Road and the parcels to the east and south of 2450 Taylor Road as Low Density Transition with Conservation Overlay. e. Page 2 City of Edgewater Printed on 11/23/2016 December 5, 2016City Council Meeting Agenda 2016-O-48 Location Map Aerial Future Land Use Map Attachments: 1st Reading - Ordinance No. 2016-O-49: Amberly Pearson, requesting an amendment to the Official Zoning Map to include 8.6± acres of land located at 2450 Taylor Road; 2460 Taylor Road and the parcels to the east and south of 2450 Taylor Road as RT (Rural Transitional). f. 2016-O-49 Location Map Aerial Zoning Map Attachments: Resolution # 2016-R-44 - Variable Frequency Drives (VFD) at the Water Treatment Plant (ITB 17-ES-001) g. 2016-R-44 VFD Consultant Recommendation QLH Ltr Justify Use of Impact Fees 2016-11-17 Chinchor CONTRACT Attachments: Resolution 2016-R-42 Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for Lamont Street Baffle Box h. 2016-R-42 - Resolution re FDOT JPA for Baffle Box Lamont St.pdf FDOT JPA for Lamont St Baffle Box 2016-11-17.pdf Attachments: Resolution 2016-R-43 Hurricane Matthew Budget Amendmenti. 2016-R-43 Hurricane Matthew Hurricane Matthew Budget Adjustments Attachments: 9. BOARD APPOINTMENTS - None at this time 10. OTHER BUSINESS Approval of Fourth Amended Agreement for Legal Services with Aaron R. Wolfe and Doran, Sims, Wolfe & Ciocchetti a. Fourth Amended and Restated Agreement for Legal Services - 2016Attachments: Extending Resolution No. 2016-R-37, suspending certain local building regulations under emergency conditions. b. 2016-R-37Attachments: Stefan Hoyer, agent for Mission Oaks LLC, is requesting an amendment and restatement of the existing Planned Unit Development (PUD) Agreement for the c. Page 3 City of Edgewater Printed on 11/23/2016 December 5, 2016City Council Meeting Agenda Oakwood Cove development. Oakwood Cove 11-2016 RevisionAttachments: Whistle Stop Park Conceptual Designd. WHISTLE STOP TIMELINE 11-21-16 16.24.0_WhistleStop_RevisedConceptDrawings_111416 11-14-2016 Attachments: Appoint Vice-Mayore. 11. OFFICER REPORTS a.City Clerk b.City Attorney c.City Manager 12. CITIZEN COMMENTS 13. ADJOURN 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 4 City of Edgewater Printed on 11/23/2016 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2016-2158,Version:1 COUNCIL AGENDA ITEM SUBJECT: Certificate of Achievement for Excellence in Financial Reporting City of Edgewater Printed on 11/23/2016Page 1 of 1 powered by Legistar™ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2016-2207,Version:1 COUNCIL AGENDA ITEM SUBJECT: Presentation of a Proclamation and Plaque to John Riesbeck of Smokin'J's Real Texas BBQ and Shawn Gilmer who came from Gulfport,Florida during the aftermath of Hurricane Matthew in support of the City of Edgewater and our residents by bringing food and a truck load of various supplies. City of Edgewater Printed on 11/23/2016Page 1 of 1 powered by Legistar™ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2016-2213,Version:2 COUNCIL AGENDA ITEM SUBJECT: Presentation by Bev Johnson of the YMCA on the Community Healthy Living Index (CHLI) and 2016 Results City of Edgewater Printed on 11/23/2016Page 1 of 1 powered by Legistar™ 10/25/2016 Hom e Page http://projects.cares.missour i.edu/CHLI/Assessments/Survey.aspx?survey_type=W orksite&pr intfunction=0&survey_id=8625d2751d70e91fb946f01aac8c4276 1/9 Assessment Type: Work S ite Please en ter in data below or choose an existin g assessment (10):City of Edgewater: (03/21/2011) Introduction Delineated Area:N one Populate Fields Please provide the following information : Assessment date (MM/DD/YYYY):3/21/2011 YMCA Association Nu mber:1345 CHLI Team Leader First Name:Johnson CHLI Team Leader Last Name: Names of branch/local assessment team members assign ed to site: First Name Last Name Title Team Member 1 Team Member 2 Team Member 3 Team Member 4 Team Member 5 Names and titles of individu als interviewed at site: First Name L ast Name Title Interviewee 1 Interviewee 2 Interviewee 3 Interviewee 4 Interviewee 5 1.Nam e of employer/work site:City of Edgewater 2.Number of full or parttime employees at ph ysical location of work site: 2.a.If a mu ltisite employer, approximate total nu mber of fu ll or parttime employees at all sites combined:191.0 10/25/2016 Hom e Page http://projects.cares.missour i.edu/CHLI/Assessments/Survey.aspx?survey_type=W orksite&pr intfunction=0&survey_id=8625d2751d70e91fb946f01aac8c4276 2/9 Q#Question Text Private Pu blic/govern men t Notforprofit 3.Type of employer/work site: Q#Qu estion Text Response 4 . Location of work site: 4.a.Zip code 32132/32141 4.b.County Volusia 4.c.Street address 4.d.City 4.e.State FL Q#Question Text Urban S u bu rban Rural 5.Work site setting (ch eck th e best description): Note: Urban : an area that has an assortmen t of shoppin g destin ations, a sch ool, a place of worship, parks or recreational facilities, or other community destination s less than or equal to a half mile or a 1 0 min ute walk from most homes. Note: S u burban: an area that h as an assortmen t of shopping destinations, a sch ool, a place of worsh ip, parks or recreational facilities, or other community destination s approximately one mile or a 20min u te walk from most h omes. Note: Ru ral: an area that h as an assortment of shopping destinations, a school, a place of worsh ip, parks or recreational facilities, or other community destination s at least two miles or a 40minute or longer walk from most h omes Q#Question Text % S panish , Hispanic, or Latin o (of an y race) % Not S panish , Hispan ic, or Latino (of any race) Total 6. E thnic makeup of the employees at the work site (provide an approximate percentage for each category to add up to 1 0 0 percent). Note that the federal governmen t considers race and Hispan ic origin to be two distinct con cepts. This question asks only abou t Hispanic origin. The following qu estion asks about the race. 1 99 100 A. Administrative Support/General 10/10 Q#Question Text Yes In developmen t No 1. Th e work site h as a wellness committee/wellness coordinator whose efforts focus on en h an cing physical activity an d healthy eating opportu nities at the workplace. Q#Question Text Covers all/ most costs 81%100% Usu ally covers the costs 61%80% Covers h alf the costs 4 1%6 0% Covers some costs 2 1 %4 0 % Rarely/never covers costs 0 %2 0 % 2. The work site has a healthpromotion budget that covers the cost of offering employees opportunities for ph ysical activity and h ealthy eatin g. Q#Question Text Yes In developmen t No Th e work site's mission statem ent includes commitmen t 10/25/2016 Hom e Page http://projects.cares.missour i.edu/CHLI/Assessments/Survey.aspx?survey_type=W orksite&pr intfunction=0&survey_id=8625d2751d70e91fb946f01aac8c4276 3/9 3.to employee h ealth and wellbeing. 4.Th e work site h as organizational and performance objectives pertainin g to employee health and wellbein g. 5. Th e work site offers employees a health insuran ce plan that covers preventive services, such as annual ph ysical exams and ageappropriate health screen ings (e.g., blood ch olesterol testing, pap smear, mammograph y, colon oscopy). 6. Th e work site (or its h ealth insurance plan) rewards employees for participatin g in preventive h ealth and welln ess activities (e.g., smoking cessation program, weight management program, ph ysical activity program). 7. Th e work site contributes money, staff, products, or services to communitywide efforts to in crease opportu n ities for physical activity in the community (e.g., don ations for building ph ysicalactivityfriendly facilities, sponsoring sports teams, staff time for community coalition meetings, etc.). 8. Th e work site contributes money, staff, products, or services to communitywide efforts to in crease opportu n ities for healthy eating in the community (e.g., don ations for farmers markets an d food ban ks, sponsoring community gardens, staff time for community coalition meetings, etc.). 9.Th e work site offers a smokefree environment. Qu estion Very High High Medium Low Very Low Rate your confiden ce in you r answers for th is section : B. Health Promotion 10/11 Q#Question Text Yes In developmen t No 1. Th e work site conducts health promotion an d wellness n eeds assessments/surveys to understan d th e wellness n eeds of the employees and to plan work site health promotion activities accordin gly. Q#Question Text Yes, offered free Yes, offered feebased No, n ot offered 2 . Th e work site offers on e or more h ealth promotion services (e.g., fitn ess assessmen ts, health risk appraisals, health y eatin g classes, weigh t man agemen t programs, individually adapted behaviorch ange programs, ph ysical activity classes, smokin g cessation programs): 2.a.to the employees 2.b.to the employees' family m embers Q#Question Text Yes I n development No If you chose any of th e Yes respon ses in question s 2.a. and/or 2 .b., answer 2 .c. If you chose No, not offered for both, skip to question 3. 2.c.The work site evaluates its health promotion programs and seeks feedback Q#Question Text Always/ almost always 8 1 %1 0 0% Usually 6 1 %8 0 % About h alf 41 %6 0 % Sometimes 21%40% Rarely/never 0 %2 0 % 10/25/2016 Hom e Page http://projects.cares.missour i.edu/CHLI/Assessments/Survey.aspx?survey_type=W orksite&pr intfunction=0&survey_id=8625d2751d70e91fb946f01aac8c4276 4/9 3. Frontline managers, middle man agers, and/or supervisors actively support employee participation in health promotion activities by allowing them to participate durin g work hours. Q#Question Text Yes, offered Yes, offered feebased No, n ot offered 4 . Th e work site offers preven tive health services/screenings on site or access to services/screen ings offsite (e.g., blood sugar measu rement, cholesterol measu remen t, flu shots): 4.a.to the employees 4.b.to the employees' family m embers Q#Question Text > 4x/yr 3 x/yr 2x/yr 1 x/yr < 1 x/yr or never 5. Th e work site regularly provides edu cational materials/messages that promote healthy livin g th rough posters or brochures, promotional campaign s, health fairs, videos, paycheck stuffers, fliers, newsletter articles, an d/or routine communication. Q#Question Text Always/ almost always 81%100% Usu ally 61%80% Abou t half t41 %6 0 % Sometimes 21%40% Rarely/never 0 %2 0 % 6. The work site informs employees about the availability of health promotion programs, services, or classes at the work site, throu gh multiple commu nication channels such as newsletters, bu lletin boards, postcards, an d/or emails. Q#Question Text Yes,both benefit plan and cash in centives Yes, either benefit plan or cash incentives No, neith er benefit plan n or cash in centives 7. Th e work site provides incen tives through the h ealth ben efits plan or through cash rewards for engaging in ph ysical activity and/or healthy eating. Qu estion Very High High Medium Low Very Low Rate your confiden ce in you r answers for th is section : 10/11 C. Physical Activity Opportunities 9/9 Q#Question Text Always/ almost always 8 1 %1 0 0% Usually 6 1 %8 0 % About h alf 41 %6 0 % Sometimes 21%40% Rarely/never 0 %2 0 % 1. The work site allows flexible work/break time for employees to more easily engage in physical activity. 2. The work site conducts or sponsors sports team s, walking clubs, or events to 10/25/2016 Hom e Page http://projects.cares.missour i.edu/CHLI/Assessments/Survey.aspx?survey_type=W orksite&pr intfunction=0&survey_id=8625d2751d70e91fb946f01aac8c4276 5/9 encourage physical activity among employees. 3. The work site supports physical activity durin g meetings (e.g., fu n , ph ysically active group work is incorporated in the meeting, and th e dress code enables ph ysical activity). Q#Question Text Always/ almost always 8 1 %1 0 0% Usually 6 1 %8 0 % About h alf 41 %6 0 % Sometimes 21%40% Rarely/never 0 %2 0 %N/A 4. Work site man agement/leaders model the importan ce of ph ysical activity by participating in group physical activity at meetings or conferences. Q#Question Text Always/ almost always 8 1 %1 0 0% Usually 6 1 %8 0 % About h alf 41 %6 0 % Sometimes 21%40% Rarely/never 0 %2 0 % 5. The work site schedules regular breaks for physical activity (e.g., 5 minutes of each h our, 10 min u tes of every two h ou rs, or 15 minu tes of every th ree h ou rs) during meetings and events. Q#Question Text Yes I n developmen t No 6. Th e work site provides programs or in centives to promote n on motorized/active commutes to work (e.g., walking, biking, or use of public tran sportation). 7 . Th e work site has written gu idelines or rules or policies related to: 7.a.flexible work/break time to en gage in ph ysical activity 7.b.Active meeting option s an d regu lar breaks for physical activity du ring meetin g and events Qu estion Very High High Medium Low Very Low D. Physical Evironment Related to Physical Activity 7/9 Q#Question Text Yes In developmen t No 1. Th e work site provides facilities th at promote ph ysical activity, such as a changing room and/or locker rooms with showers accessible to all employees. Q#Question Text Yes, offered free Yes, offered feebased or discoun ted No, not offered 2 . Th e work site provides workout facilities with exercise equ ipment (or provides access to workout facilities through a subsidized or discou n ted membership); 2.a.to the employees 2.b.to the employees' family members Q#Question Text Yes In developmen t No 3.Th e work site h as a safe area ou tside for exercise (e.g., trails, walking paths, sidewalks). 10/25/2016 Hom e Page http://projects.cares.missour i.edu/CHLI/Assessments/Survey.aspx?survey_type=W orksite&pr intfunction=0&survey_id=8625d2751d70e91fb946f01aac8c4276 6/9 4.Th e work site h as stairwells. Q#Qu estion Text Always/ almost always 81 %10 0 % Usually 61 %80 % About half the time 41%60% Sometimes 2 1 %4 0 % Rarely/n ever 0 %20 % If you chose Yes in qu estion 4 , answer questions 4 .a. an d 4.b., else skip to qu estion 5 . 4.a. The stairwells are easytofind, attractive, safe, clean and accessible (e.g., with light, color, decoration , an d safe surfaces). 4.b. The use of stairs as an alternative to elevators is promoted (e.g., sign age to promote stairwell u se). Q#Question Text Yes, available and secure Available, bu t n ot secure No, n ot available 5.Secure bicycle parking is available for employees. Qu estion Very High High Medium Low Very Low Rate your confiden ce in you r answers for th is section : 7/9 Save Section D E. Healthy Eating Opportunities 12/12 Q#Qu estion Text Always/ almost always 81%10 0 % Usually 61%80 % About half th e time 41%60% S ometimes 2 1 %4 0 % Rarely/n ever 0%20% N/A (No food outlets) 1 . Work site food ou tlets (e.g., cafeterias, sn ack bars, vending options, and/or food service) provide h ealthy eatin g opportunities to employees in the following ways: Ch oose N/A for EACH of the following if work site does not h ave food ou tlets 1.a. Offering a wide variety of h ealth y food options on a daily basis inclu ding: Vegetables an d fruits, Wholegrain foods, Lowfat dairy food (e.g., fatfree or lowfat yogu rt or cheese), Lowfat protein items (e.g., lean meat san dwiches, broiled or baked meats, or fish) , Lowsodium items, Items containing little or n o su gar, Food items free of tran s fat. 1.b. Offering h ealthy beverage options on a daily basis (e.g. water, 1 0 0 percent vegetable/fruit ju ice) 1.c.offering regu lar moderate servin g sizes (i.e. n o "su per size" portions) 1.d. Serving any h ighfat sauces, salad dressings, gravies, or condiments on the side or offering reducedfat versions. Using h ealth y food preparation practices in th e cafeteria (e.g. 10/25/2016 Hom e Page http://projects.cares.missour i.edu/CHLI/Assessments/Survey.aspx?survey_type=W orksite&pr intfunction=0&survey_id=8625d2751d70e91fb946f01aac8c4276 7/9 1.e.steaming, using lowfat and low salt in gredients, limited frying) for th e majority of th e menu items Q#Question Text Yes In developmen t No N/A 2 . Th e work site has written gu idelines or rules or policies related to the following: 2.a.Offering h ealthy food options (listed in E .1.a.) on site through th e cafeteria, snack bar, vendin g m achin es, and/or food service 2.b. Offering h ealthy beverage options (listed E .1.b) on site through the cafeteria, sn ack bar, vending machin es, and/or food service [Choose N/A if site has no food service.] 2.c.Providing moderate serving sizes (e.g., no "super size" portion s) [Choose N/A if site has no food outlets.] 2.d.Employing healthy food preparations practices in the cafeteria (e.g., steamin g, limited frying). [Choose N/A if site has n o cafeteria.] 2.e.Providing healthy food and beverage choices at compan yspon sored meetings/events Q#Question Text Always/ almost always 8 1 %1 0 0% Usually 6 1 %8 0 % About h alf the time 41 %6 0 % Sometimes 21%40% Rarely/never 0 %2 0 % 3. Primarily health y food an d beverage choices (described above in E .1.a. an d E.1.b.) are provided at compan ysponsored F. Physical Environment Related to Food/Nutrition 14/14 Q#Qu estion Text Always/ almost always 81%10 0 % Usually 61%80 % About half th e time 41%60% S ometimes 2 1 %4 0 % Rarely/n ever 0%20% N/A (No food outlets) 1 . Th e work site promotes con su mption of h ealthy foods and beverages th at are rich in vegetables, fruits, and wh ole grains an d low in fat, sodium, and added sugars at work site food ou tlets (e.g., cafeterias, snack bars, ven ding mach ines, and/or food service) in th e following ways: [Ch oose N/A for EACH of th e following if work site has n o food ou tlets.] 1.a. Providing specific labeling to identify healthy options, such as lowfat foods (Note: L abelin g refers to messages that have been placed on or near prepared foods or vending machin es, not the messages the man ufacturer prints on th e item itself.) 1.b. Providing nutrition information for food served on site (e.g. good service provider nutrition listings th at are placed on tables or in the servin g area) 1.c. Providing preferred placement (e.g. appears sooner in line or in more prominent positions) an d signage that promotes h ealth ier food an d beverage items 1.d. Providing price incen tives (e.g. lower prices) for pu rchase of healthier food and beverage items In 10/25/2016 Hom e Page http://projects.cares.missour i.edu/CHLI/Assessments/Survey.aspx?survey_type=W orksite&pr intfunction=0&survey_id=8625d2751d70e91fb946f01aac8c4276 8/9 Q#Question Text Yes developmen t No N/A 2 . Th e work site has written gu idelines or rules or policies related to: [Choose N/A for EACH of th e following if work site has no food outlets.] 2.a.Identifying/labelin g healthy food and beverage options available at the work site (e.g. low fat) 2.b.Providing nutrition information for food served in work site food outlets 2.c.Providing price incen tives for healthier food and beverage options in work site food outlets 2.d.Providing preferred placement and signage to promote healthier food and beverage option in work site ou tlets 2.e.Providing nutrition information for food/meals served at events Q#Question Text Always/ almost always 8 1 %1 0 0% Usually 6 1 %8 0 % About h alf the time 41 %6 0 % Sometimes 21%40% Rarely/never 0 %2 0 %N/A 3. The work site provides nutrition information for food/meals served at events. [Ch oose N/A if food/meals are n ot served at even ts.] Q#Question Text Yes In developmen t No 4. Th e work site provides access to a kitchen area with a refrigerator and a sink to enable safe and hygienic h an dling of health y food. 5.Th e work site offers an on site garden or farmers market. Th e work site offers a clean, private space, with an Scores Section Score Total Possible Percent A. Administrative Support/General 800 5600 14% B. Health Promotion 2100 3600 58% C. Physical Activity Opportunities 0 2800 0% D. Physical Evironment Related to Physical Activity 600 2000 30% E. Healthy E atin g Opportunities 500 800 63% F. Physical E nviron ment Related to Food/Nu trition 1200 1800 67% Total Score 520 0 1 6 600 3 1 % What stage of development do you see th is site reach ing on e year from today? 10/25/2016 Hom e Page http://projects.cares.missour i.edu/CHLI/Assessments/Survey.aspx?survey_type=W orksite&pr intfunction=0&survey_id=8625d2751d70e91fb946f01aac8c4276 9/9 Note: You can download an explanation of these stages of development here Notes: Save Notes D elete Asses sment 10/13/2016 Hom e Page http://projects.cares.missour i.edu/CHLI/Assessments/Survey.aspx?survey_type=W orksite&pr intfunction=0&survey_id=3c2d8a4fa661a1deee718ea2776213e4 1/9 Assessment Type: Work S ite Please en ter in data below or choose an existin g assessment (9):City of Edgewater: (07/05/2016) Introduction Delineated Area:N one Populate Fields Please provide the following information : Assessment date (MM/DD/YYYY):7/5/2016 YMCA Association Nu mber:1345 CHLI Team Leader First Name:Bev CHLI Team Leader Last Name:Johnson Names of branch/local assessment team members assign ed to site: First Name Last Name Title Team Member 1 Jill Danigel Communications Director Team Member 2 Team Member 3 Team Member 4 Team Member 5 Names and titles of individu als interviewed at site: First Name L ast Name Title Interviewee 1 Tracey Barlow City Manager Interviewee 2 John MvKinney Assistant C ity Manager Interviewee 3 Brenda DeWees Environ Svcs D ir Interviewee 4 Jack Corder Leisure Services Dir Interviewee 5 1.Nam e of employer/work site:City of Edgewater 2.Number of full or parttime employees at ph ysical location of work site: 2.a.If a mu ltisite employer, approximate total nu mber of fu ll or parttime employees at all sites combined:199 10/13/2016 Hom e Page http://projects.cares.missour i.edu/CHLI/Assessments/Survey.aspx?survey_type=W orksite&pr intfunction=0&survey_id=3c2d8a4fa661a1deee718ea2776213e4 2/9 Q#Question Text Private Pu blic/govern men t Notforprofit 3.Type of employer/work site: Q#Qu estion Text Response 4 . Location of work site: 4.a.Zip code 32132 4.b.County Volusia 4.c.Street address 104 North Rivers ide D r 4.d.City Edgewater 4.e.State FL Q#Question Text Urban S u bu rban Rural 5.Work site setting (ch eck th e best description): Note: Urban : an area that has an assortmen t of shoppin g destin ations, a sch ool, a place of worship, parks or recreational facilities, or other community destination s less than or equal to a half mile or a 1 0 min ute walk from most homes. Note: S u burban: an area that h as an assortmen t of shopping destinations, a sch ool, a place of worsh ip, parks or recreational facilities, or other community destination s approximately one mile or a 20min u te walk from most h omes. Note: Ru ral: an area that h as an assortment of shopping destinations, a school, a place of worsh ip, parks or recreational facilities, or other community destination s at least two miles or a 40minute or longer walk from most h omes Q#Question Text % S panish , Hispanic, or Latin o (of an y race) % Not S panish , Hispan ic, or Latino (of any race) Total 6. E thnic makeup of the employees at the work site (provide an approximate percentage for each category to add up to 1 0 0 percent). Note that the federal governmen t considers race and Hispan ic origin to be two distinct con cepts. This question asks only abou t Hispanic origin. The following qu estion asks about the race. 2 98 100 A. Administrative Support/General 10/10 Q#Question Text Yes In developmen t No 1. Th e work site h as a wellness committee/wellness coordinator whose efforts focus on en h an cing physical activity an d healthy eating opportu nities at the workplace. Q#Question Text Covers all/ most costs 81%100% Usu ally covers the costs 61%80% Covers h alf the costs 4 1%6 0% Covers some costs 2 1 %4 0 % Rarely/never covers costs 0 %2 0 % 2. The work site has a healthpromotion budget that covers the cost of offering employees opportunities for ph ysical activity and h ealthy eatin g. Q#Question Text Yes In developmen t No Th e work site's mission statem ent includes commitmen t 10/13/2016 Hom e Page http://projects.cares.missour i.edu/CHLI/Assessments/Survey.aspx?survey_type=W orksite&pr intfunction=0&survey_id=3c2d8a4fa661a1deee718ea2776213e4 3/9 3.to employee h ealth and wellbeing. 4.Th e work site h as organizational and performance objectives pertainin g to employee health and wellbein g. 5. Th e work site offers employees a health insuran ce plan that covers preventive services, such as annual ph ysical exams and ageappropriate health screen ings (e.g., blood ch olesterol testing, pap smear, mammograph y, colon oscopy). 6. Th e work site (or its h ealth insurance plan) rewards employees for participatin g in preventive h ealth and welln ess activities (e.g., smoking cessation program, weight management program, ph ysical activity program). 7. Th e work site contributes money, staff, products, or services to communitywide efforts to in crease opportu n ities for physical activity in the community (e.g., don ations for building ph ysicalactivityfriendly facilities, sponsoring sports teams, staff time for community coalition meetings, etc.). 8. Th e work site contributes money, staff, products, or services to communitywide efforts to in crease opportu n ities for healthy eating in the community (e.g., don ations for farmers markets an d food ban ks, sponsoring community gardens, staff time for community coalition meetings, etc.). 9.Th e work site offers a smokefree environment. Qu estion Very High High Medium Low Very Low Rate your confiden ce in you r answers for th is section : B. Health Promotion 11/11 Q#Question Text Yes In developmen t No 1. Th e work site conducts health promotion an d wellness n eeds assessments/surveys to understan d th e wellness n eeds of the employees and to plan work site health promotion activities accordin gly. Q#Question Text Yes, offered free Yes, offered feebased No, n ot offered 2 . Th e work site offers on e or more h ealth promotion services (e.g., fitn ess assessmen ts, health risk appraisals, health y eatin g classes, weigh t man agemen t programs, individually adapted behaviorch ange programs, ph ysical activity classes, smokin g cessation programs): 2.a.to the employees 2.b.to the employees' family m embers Q#Question Text Yes I n development No If you chose any of th e Yes respon ses in question s 2.a. and/or 2 .b., answer 2 .c. If you chose No, not offered for both, skip to question 3. 2.c.The work site evaluates its health promotion programs and seeks feedback Q#Question Text Always/ almost always 8 1 %1 0 0% Usually 6 1 %8 0 % About h alf 41 %6 0 % Sometimes 21%40% Rarely/never 0 %2 0 % 10/13/2016 Hom e Page http://projects.cares.missour i.edu/CHLI/Assessments/Survey.aspx?survey_type=W orksite&pr intfunction=0&survey_id=3c2d8a4fa661a1deee718ea2776213e4 4/9 3. Frontline managers, middle man agers, and/or supervisors actively support employee participation in health promotion activities by allowing them to participate durin g work hours. Q#Question Text Yes, offered Yes, offered feebased No, n ot offered 4 . Th e work site offers preven tive health services/screenings on site or access to services/screen ings offsite (e.g., blood sugar measu rement, cholesterol measu remen t, flu shots): 4.a.to the employees 4.b.to the employees' family m embers Q#Question Text > 4x/yr 3 x/yr 2x/yr 1 x/yr < 1 x/yr or never 5. Th e work site regularly provides edu cational materials/messages that promote healthy livin g th rough posters or brochures, promotional campaign s, health fairs, videos, paycheck stuffers, fliers, newsletter articles, an d/or routine communication. Q#Question Text Always/ almost always 81%100% Usu ally 61%80% Abou t half t41 %6 0 % Sometimes 21%40% Rarely/never 0 %2 0 % 6. The work site informs employees about the availability of health promotion programs, services, or classes at the work site, throu gh multiple commu nication channels such as newsletters, bu lletin boards, postcards, an d/or emails. Q#Question Text Yes,both benefit plan and cash in centives Yes, either benefit plan or cash incentives No, neith er benefit plan n or cash in centives 7. Th e work site provides incen tives through the h ealth ben efits plan or through cash rewards for engaging in ph ysical activity and/or healthy eating. Qu estion Very High High Medium Low Very Low Rate your confiden ce in you r answers for th is section : 11/11 C. Physical Activity Opportunities 9/9 Q#Question Text Always/ almost always 8 1 %1 0 0% Usually 6 1 %8 0 % About h alf 41 %6 0 % Sometimes 21%40% Rarely/never 0 %2 0 % 1. The work site allows flexible work/break time for employees to more easily engage in physical activity. 2. The work site conducts or sponsors sports team s, walking clubs, or events to 10/13/2016 Hom e Page http://projects.cares.missour i.edu/CHLI/Assessments/Survey.aspx?survey_type=W orksite&pr intfunction=0&survey_id=3c2d8a4fa661a1deee718ea2776213e4 5/9 encourage physical activity among employees. 3. The work site supports physical activity durin g meetings (e.g., fu n , ph ysically active group work is incorporated in the meeting, and th e dress code enables ph ysical activity). Q#Question Text Always/ almost always 8 1 %1 0 0% Usually 6 1 %8 0 % About h alf 41 %6 0 % Sometimes 21%40% Rarely/never 0 %2 0 %N/A 4. Work site man agement/leaders model the importan ce of ph ysical activity by participating in group physical activity at meetings or conferences. Q#Question Text Always/ almost always 8 1 %1 0 0% Usually 6 1 %8 0 % About h alf 41 %6 0 % Sometimes 21%40% Rarely/never 0 %2 0 % 5. The work site schedules regular breaks for physical activity (e.g., 5 minutes of each h our, 10 min u tes of every two h ou rs, or 15 minu tes of every th ree h ou rs) during meetings and events. Q#Question Text Yes I n developmen t No 6. Th e work site provides programs or in centives to promote n on motorized/active commutes to work (e.g., walking, biking, or use of public tran sportation). 7 . Th e work site has written gu idelines or rules or policies related to: 7.a.flexible work/break time to en gage in ph ysical activity 7.b.Active meeting option s an d regu lar breaks for physical activity du ring meetin g and events Qu estion Very High High Medium Low Very Low D. Physical Evironment Related to Physical Activity 9/9 Q#Question Text Yes In developmen t No 1. Th e work site provides facilities th at promote ph ysical activity, such as a changing room and/or locker rooms with showers accessible to all employees. Q#Question Text Yes, offered free Yes, offered feebased or discoun ted No, not offered 2 . Th e work site provides workout facilities with exercise equ ipment (or provides access to workout facilities through a subsidized or discou n ted membership); 2.a.to the employees 2.b.to the employees' family members Q#Question Text Yes In developmen t No 3.Th e work site h as a safe area ou tside for exercise (e.g., trails, walking paths, sidewalks). 10/13/2016 Hom e Page http://projects.cares.missour i.edu/CHLI/Assessments/Survey.aspx?survey_type=W orksite&pr intfunction=0&survey_id=3c2d8a4fa661a1deee718ea2776213e4 6/9 4.Th e work site h as stairwells. Q#Qu estion Text Always/ almost always 81 %10 0 % Usually 61 %80 % About half the time 41%60% Sometimes 2 1 %4 0 % Rarely/n ever 0 %20 % If you chose Yes in qu estion 4 , answer questions 4 .a. an d 4.b., else skip to qu estion 5 . 4.a. The stairwells are easytofind, attractive, safe, clean and accessible (e.g., with light, color, decoration , an d safe surfaces). 4.b. The use of stairs as an alternative to elevators is promoted (e.g., sign age to promote stairwell u se). Q#Question Text Yes, available and secure Available, bu t n ot secure No, n ot available 5.Secure bicycle parking is available for employees. Qu estion Very High High Medium Low Very Low Rate your confiden ce in you r answers for th is section : 9/9 Save Section D E. Healthy Eating Opportunities 12/12 Q#Qu estion Text Always/ almost always 81%10 0 % Usually 61%80 % About half th e time 41%60% S ometimes 2 1 %4 0 % Rarely/n ever 0%20% N/A (No food outlets) 1 . Work site food ou tlets (e.g., cafeterias, sn ack bars, vending options, and/or food service) provide h ealthy eatin g opportunities to employees in the following ways: Ch oose N/A for EACH of the following if work site does not h ave food ou tlets 1.a. Offering a wide variety of h ealth y food options on a daily basis inclu ding: Vegetables an d fruits, Wholegrain foods, Lowfat dairy food (e.g., fatfree or lowfat yogu rt or cheese), Lowfat protein items (e.g., lean meat san dwiches, broiled or baked meats, or fish) , Lowsodium items, Items containing little or n o su gar, Food items free of tran s fat. 1.b. Offering h ealthy beverage options on a daily basis (e.g. water, 1 0 0 percent vegetable/fruit ju ice) 1.c.offering regu lar moderate servin g sizes (i.e. n o "su per size" portions) 1.d. Serving any h ighfat sauces, salad dressings, gravies, or condiments on the side or offering reducedfat versions. Using h ealth y food preparation practices in th e cafeteria (e.g. 10/13/2016 Hom e Page http://projects.cares.missour i.edu/CHLI/Assessments/Survey.aspx?survey_type=W orksite&pr intfunction=0&survey_id=3c2d8a4fa661a1deee718ea2776213e4 7/9 1.e.steaming, using lowfat and low salt in gredients, limited frying) for th e majority of th e menu items Q#Question Text Yes In developmen t No N/A 2 . Th e work site has written gu idelines or rules or policies related to the following: 2.a.Offering h ealthy food options (listed in E .1.a.) on site through th e cafeteria, snack bar, vendin g m achin es, and/or food service 2.b. Offering h ealthy beverage options (listed E .1.b) on site through the cafeteria, sn ack bar, vending machin es, and/or food service [Choose N/A if site has no food service.] 2.c.Providing moderate serving sizes (e.g., no "super size" portion s) [Choose N/A if site has no food outlets.] 2.d.Employing healthy food preparations practices in the cafeteria (e.g., steamin g, limited frying). [Choose N/A if site has n o cafeteria.] 2.e.Providing healthy food and beverage choices at compan yspon sored meetings/events Q#Question Text Always/ almost always 8 1 %1 0 0% Usually 6 1 %8 0 % About h alf the time 41 %6 0 % Sometimes 21%40% Rarely/never 0 %2 0 % 3. Primarily health y food an d beverage choices (described above in E .1.a. an d E.1.b.) are provided at compan ysponsored F. Physical Environment Related to Food/Nutrition 14/14 Q#Qu estion Text Always/ almost always 81%10 0 % Usually 61%80 % About half th e time 41%60% S ometimes 2 1 %4 0 % Rarely/n ever 0%20% N/A (No food outlets) 1 . Th e work site promotes con su mption of h ealthy foods and beverages th at are rich in vegetables, fruits, and wh ole grains an d low in fat, sodium, and added sugars at work site food ou tlets (e.g., cafeterias, snack bars, ven ding mach ines, and/or food service) in th e following ways: [Ch oose N/A for EACH of th e following if work site has n o food ou tlets.] 1.a. Providing specific labeling to identify healthy options, such as lowfat foods (Note: L abelin g refers to messages that have been placed on or near prepared foods or vending machin es, not the messages the man ufacturer prints on th e item itself.) 1.b. Providing nutrition information for food served on site (e.g. good service provider nutrition listings th at are placed on tables or in the servin g area) 1.c. Providing preferred placement (e.g. appears sooner in line or in more prominent positions) an d signage that promotes h ealth ier food an d beverage items 1.d. Providing price incen tives (e.g. lower prices) for pu rchase of healthier food and beverage items In 10/13/2016 Hom e Page http://projects.cares.missour i.edu/CHLI/Assessments/Survey.aspx?survey_type=W orksite&pr intfunction=0&survey_id=3c2d8a4fa661a1deee718ea2776213e4 8/9 Q#Question Text Yes developmen t No N/A 2 . Th e work site has written gu idelines or rules or policies related to: [Choose N/A for EACH of th e following if work site has no food outlets.] 2.a.Identifying/labelin g healthy food and beverage options available at the work site (e.g. low fat) 2.b.Providing nutrition information for food served in work site food outlets 2.c.Providing price incen tives for healthier food and beverage options in work site food outlets 2.d.Providing preferred placement and signage to promote healthier food and beverage option in work site ou tlets 2.e.Providing nutrition information for food/meals served at events Q#Question Text Always/ almost always 8 1 %1 0 0% Usually 6 1 %8 0 % About h alf the time 41 %6 0 % Sometimes 21%40% Rarely/never 0 %2 0 %N/A 3. The work site provides nutrition information for food/meals served at events. [Ch oose N/A if food/meals are n ot served at even ts.] Q#Question Text Yes In developmen t No 4. Th e work site provides access to a kitchen area with a refrigerator and a sink to enable safe and hygienic h an dling of health y food. 5.Th e work site offers an on site garden or farmers market. Th e work site offers a clean, private space, with an Scores Section Score Total Possible Percent A. Administrative Support/General 4200 5600 75% B. Health Promotion 3000 4000 75% C. Physical Activity Opportunities 300 3200 9% D. Physical Evironment Related to Physical Activity 2600 2800 93% E. Healthy E atin g Opportunities 600 1600 38% F. Physical Environmen t Related to Food/Nu trition 800 1200 67% Total Score 1150 0 1 8 400 6 3 % What stage of development do you see th is site reach ing on e year from today? 10/13/2016 Hom e Page http://projects.cares.missour i.edu/CHLI/Assessments/Survey.aspx?survey_type=W orksite&pr intfunction=0&survey_id=3c2d8a4fa661a1deee718ea2776213e4 9/9 Note: You can download an explanation of these stages of development here Notes: Save Notes D elete Asses sment City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2016-2168,Version:1 COUNCIL AGENDA ITEM SUBJECT: Thomas Street Septic Tank Elimination & Stormwater Improvements - Project Close-Out DEPARTMENT: Environmental Services SUMMARY: The Thomas Street project was completed by 4 C’s Trucking and Excavation,Inc.within the project timeline and complied with all requirements for the SJRWMD Cost-Share Grant.The project was constructed successfully under budget requiring a deductive Final Change Order in the amount of (-$18,205.53).St.Johns River Water Management District contributed $191,183.03 toward the project construction.Final project total cost with design and inspection services amounted to $844,977.92. BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable WS-1601 BUDGET AMENDMENT REQUIRED:☒ Yes ☐ No ☐ Not Applicable RECOMMENDED ACTION: Motion to approve the deductive final change order for 4 C’s Trucking and Excavation,Inc.and close- out the Thomas Street Septic Tank Elimination & Stormwater Improvements Project City of Edgewater Printed on 11/23/2016Page 1 of 1 powered by Legistar™ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2016-O-24(3),Version:1 COUNCIL AGENDA ITEM SUBJECT : Second Reading/Public Hearing - Ordinance No. 2016-O-24. DEPARTMENT: General Employees’ Pension Plan SUMMARY: City Council considered Ordinance No.2016-O-24 at first reading on March 7,2016.Council directed staff to make recommendation for language changes that would provide clarity to the compensation definition and to send their recommendation back to the General Pension Board for consideration.Council further approved that Ordinance No.2016-O-24 be brought back for first reading. During the November 14,2016 City Council meeting,Council approved Ordinance No.2016-O-24 at first reading. BUDGETED ITEM:☐ Yes ☐ No ☐Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☐Not Applicable RECOMMENDED ACTION: Motion to approve Ordinance No. 2016-O-24. City of Edgewater Printed on 11/23/2016Page 1 of 1 powered by Legistar™ 1 Strike through passages are deleted. Underlined passages are added. #2016-O-24 ORDINANCE NO. 2016-O-24 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING THE CITY OF EDGEWATER GENERAL EMPLOYEES’ RETIREMENT PLAN BY MODIFYING ARTICLE I (FORMAT AND DEFINITIONS), SECTION 1.02 (DEFINITIONS) BY AMENDING THE DEFINITION OF “COMPENSATION”; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. The General Employees’ Pension Board recommended a modification to the Plan Document during their December 14, 2015 meeting. The Board wishes to modify Article I (Format and Definitions), Section 1.02 (Definitions) by amending the definition of “Compensation”. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMENDING THE CITY OF EDGEWATER GENERAL EMPLOYEE’S RETIREMENT PLAN BY MODIFYING ARTICLE I (FORMAT AND DEFINITIONS), SECTION 1.02 (DEFINITIONS) BY AMENDING THE DEFINITION OF “COMPENSATION” OF THE CODE OF ORDINANCES FOR THE CITY OF EDGEWATER, FLORIDA. The City of Edgewater General Employees’ Retirement Plan, Article I (Format and Definitions), Section 1.02 (Definitions) is hereby modified by amending the definition of “Compensation” to read as follows: Accrual Service means the total of an Employee's current and all prior years of service with the Employer. This total is expressed in whole years and fractional parts of a year (to two decimal places) on the basis that 365 days equal one year. However, Accrual Service is modified as follows: Service while not an Eligible Employee excluded: Service while an Employee was not an Eligible Employee is excluded. 2 Strike through passages are deleted. Underlined passages are added. #2016-O-24 Voluntary discontinuance service excluded: Service while an Employee failed or refused to make a Contribution required under the Plan is excluded. This provision also applies to an Employee's service while Contributions were not made because he failed or refused to complete a written agreement to make such Contributions. Period of Military Duty included: A Period of Military Duty shall be included as service with the Employer to the extent it has not already been credited. Such service shall be deemed to be service as an Eligible Employee only if an Employee was an Eligible Employee on the day immediately preceding the Period of Military Duty. Accrued Benefit means on any date, the amount of monthly retirement benefit under the Normal Form accrued by an Active Participant as of any date and payable at Normal Retirement Date, or such date, if later. See the ACCRUED BENEFIT SECTION of Article IV. Active Participant means an Eligible Employee who is actively participating in the Plan according to the provisions in the ACTIVE PARTICIPANT SECTION of Article II. Actuarial Equivalent means equality in the value of the aggregate amount expected to be received for benefits payable at different times or under different forms of distributions. Actuarial Equivalent for benefits shall be determined on the basis of 7.5 percent interest and the mortality table as set forth in Revenue Ruling 95-6, 1995-1 C.B. 80, except as otherwise provided below. For purposes of determining the amount of a distribution other than an annual benefit that is nondecreasing for the life of the Participant or, in the case of a preretirement survivor annuity, the life of the Participant's spouse; or that decreases during the life of the Participant merely because of the death of the surviving annuitant (but only if the reduction is to a level not below 50% of the annual benefit payable before the death of the surviving annuitant) or merely because of the cessation or reduction of Social Security supplements or qualified disability payments, Actuarial Equivalent shall be determined on the basis of interest on 30-year Treasury securities and the 1994 Group Annuity Reserve (GAR) Mortality Table. The look-back month applicable to the stability period is the second calendar month preceding the first day of the stability period. The stability period is the successive period of one calendar month that contains the Annuity Starting Date for the distribution and for which the Applicable Interest Rate remains constant. In any event, the preceding paragraphs shall not apply to the extent they w ould cause the Plan to fail to satisfy the requirements of the REQUIRED CONTRIBUTION ACCRUED BENEFIT SECTION and the BENEFIT LIMITATION SECTION of Article IV. Affiliated Service Group means any group of corporations, partnerships or other organizations of which the Employer is a part and that is affiliated within the meaning of Code 3 Strike through passages are deleted. Underlined passages are added. #2016-O-24 Section 414(m) and the regulations thereunder. Such a group includes at least two organizations one of which is either a service organization (that is, an organization the principal business of which is performing services), or an organization the principal business of which is performing management functions on a regular and continuing basis. Such service is of a type historically performed by employees. In the case of a management organization, the Affiliated Service Group shall include organizations related, within the meaning of Code Section 144(a)(3), to either the management organization or the organization for which it performs management functions. Alternate Payee means any spouse, former spouse, child, or other dependent of a Participant who is recognized by a qualified domestic relations order as having a right to receive all, or a portion of, the benefits payable under the Plan with respect to such Participant. Annuity Contract means the annuity contract or contracts into which the Primary Employer enters with the Insurer for guaranteed benefits, for the investment of Contributions in separate accounts, and for the payment of benefits under this Plan. Annuity Starting Date means, for a Participant, the first day of the first period for which an amount is payable as an annuity or any other form. The Annuity Starting Date for disability benefits shall be the date such benefits commence if the disability benefit is not an auxiliary benefit. An auxiliary benefit is a disability benefit that does not reduce the benefit payable at Normal Retirement Date. Applicable Interest Rate means, on any given date, the rate of interest set forth in Code Section 417(e)(3). A plan amendment that changes the date for determining the Applicable Interest Rate (including an indirect change such as the result of a change in Plan Year when the stability period is the Plan Year), shall not be given effect with respect to any distribution during the period commencing one year after the later of the amendment's effective date or adoption date, if, during such period and as a result of such amendment, the Participant's distribution would be reduced. Applicable Mortality Table means, on any date, the table according to the method set forth in Code Section 417(e)(3). Average Compensation means, on any given date, the average of an Employee's Monthly Compensation for those three Compensation Years (all Compensation Years, if less than three) which give the highest average out of the ten latest Compensation Years (all Compensation Years, if less than ten). In computing Average Compensation, the Plan will include only Compensation Years ending before such given date. Beneficiary means the person or persons named by a Participant to receive any benefits under the Plan when the Participant dies. See the BENEFICIARY SECTION of Article X. Code means the Internal Revenue Code of 1986, as amended. 4 Strike through passages are deleted. Underlined passages are added. #2016-O-24 Compensation means the total earnings, except as modified in this definition, from the Employer during any specified period. For service earned on or after October 1, 2013 when calculating retirement benefits, Salary may include up to three hundred (300) hours of overtime compensation per calendar year, but may not include any payments for accrued unused sick leave or annual leave. Any payments for overtime compensation in excess of three hundred (300) hours per calendar year earned prior to October 1, 2013, may still be included in Salary when calculating retirement benefits even if the payment is not actually made until on or after October 1, 2013. The sum total of unused sick leave and unused annual leave that was accrued prior to October 1, 2013, for which the retiree receives payment at the time of retirement, will also be considered as Salary when calculating retirement benefits. "Earnings" in this definition means wages, salaries, and fees for professional services and other amounts received (without regard to whether or not an amount is paid in cash) for personal services actually rendered in the course of employment with the Employer maintaining the Plan to the extent that the amounts are includible in gross income (including, but not limited to, commissions paid to salespersons, compensation for services on the basis of a percentage of profits, commissions on insurance premiums, tips, bonuses, fringe benefits, and reimbursements or other expense allowances under a nonaccountable plan (as described in section 1.62-2(c) of the regulations)), and excluding the following: (a) employer contributions (other than elective contributions described in Code Section 402(e)(3), 408(k)(6), 408(p)(2)(A)(i), or 457(b)) to a plan of deferred compensation (including a simplified employee pension described in Code Section 408(k) or a simple retirement account described in Code Section 408{p), and whether or not qualified) to the extent such contributions are not includible in the Employee's gross income for the taxable year in which contributed, and any distributions (whether or not includible in gross income when distributed) from a plan of deferred compensation (whether or not qualified); (b) amounts realized from the exercise of a nonstatutory stock option (that is, an option other than a statutory stock option as defined in section 1.421-Kb) of the regulations), or when restricted stock (or property) held by the Employee either becomes freely transferable or is no longer subject to a substanti al risk of forfeiture; (c) amounts realized from the sale, exchange or other disposition of stock acquired under a statutory stock option; (d) other amounts that receive special tax benefits, such as premiums for group-term life insurance (but only to the extent that the premiums are not includible in the gross income of the Employee and are not salary reduction amounts that are described in Code Section 125); and 5 Strike through passages are deleted. Underlined passages are added. #2016-O-24 (e) other items of remuneration that are similar to any of the items listed in (a) through (d) above. Except as provided herein, Compensation for a specified period is the Compensation actually paid or made available (or if earlier, includible in gross income) during such period. For Plan Years beginning on or after July 1, 2007, Compensation for a Plan Year shall also include Compensation paid by the later of 2 1/2 months after an Employee's Severance from Employment with the Employer maintaining the Plan or the end of the Plan Year that includes the date of the Employee's Severance from Emplo yment with the Employer maintaining the Plan, if the payment is regular Compensation for services during the Employee's regular working hours, or Compensation for services outside the Employee's regular working hours (such as overtime or shift differential), commissions, bonuses, or other similar payments, and, absent a Severance from Employment, the payments would have been paid to the Employee while the Employee continued in employment with the Employer. Any payments not described above shall not be considered Compensation if paid after Severance from Employment, even if they are paid by the later of 2 1/2 months after the date of Severance from Employment or the end of the Plan Year that includes the date of Severance from Employment, except, payments to an individual who does not currently perform services for the Employer by reason of qualified military service (within the meaning of Code Section 414{u)(1)) to the extent these payments do not exceed the amounts the individual would have received if the individual had continued to perform services for the Employer rather than entering qualified military service. Back pay, within the meaning of section 1.415(c)-2(g)(8) of the regulations, shall be treated as Compensation for the Plan Year to which the back pay relates to the extent the back pay represents wages and compensation that would otherwise be included in this definition. Compensation paid or made available during a specified period shall include amounts that would otherwise be included in Compensation, but for an election under Code Section 125(a), 132(f)(4), 402(e)(3), 402(h)(1)(B), 402(k), or 457(b). Compensation shall also include employee contributions "picked up" by a governmental entity and, pursuant to Code Section 414(h)(2), treated as Employer contributions. For Plan Years beginning on or after January 1, 2002, the annual Compensation of each Participant taken into account in determining contributions and benefits for any determination period (the period over which Compensation is determined) shall not exceed $200,000, as adjusted for cost-of-living increases in accordance with Code Section 401(a)(17)(B). The cost - of-living adjustment in effect for a calendar year applies to any determination period beginning with or within such calendar year. Provided, however, with respect to an eligible Participant, the reduced dollar limitation in the preceding paragraph does not apply to the extent that the amount of Compensation allowed to be taken into account under the Plan is reduced below the amount that was allowed to be taken into account under the Plan as in effect on July 1, 1993. For this purpose, "eligible Participant" 6 Strike through passages are deleted. Underlined passages are added. #2016-O-24 means an individual who first became a Participant in the Plan during a Plan Year beginning before the first Yearly Date in 1996. If a determination period consists of fewer than 12 months, the annual compensation limit is an amount equal to the otherwise applicable annual compensation limit multiplied by a fraction. The numerator of the fraction is the number of months in the short determination period, and the denominator of the fraction is 12. If Compensation for any prior determination period is taken into account in determining a Participant's contributions or benefits for the current Plan Year, the Compensation for such prior determination period is subject to the applicable annual compensation limit in effect for that determination period. For this purpose, in determining contributions and benefits in Plan Years beginning on or after January 1, 2002, the annual compensation li mit in effect for determination periods beginning before that date is $150,000 for any determination period beginning in 1996 or earlier; $160,000 for any determination period beginning in 1997, 1998, or 1999; and $170,000 for any determination period beginning in 2000 or 2001, for a Participant who is not an eligible Participant. For this purpose, in determining contributions or benefits in Plan Years beginning on or after January 1, 2002, the annual compensation limit in effect for determination periods beginning before January 1, 1990 is $200,000 for a Participant who is an eligible Participant. Compensation means, for a Leased Employee, Compensation for the services the Leased Employee performs for the Employer, determined in the same manner as the Compensation of Employees who are not Leased Employees, regardless of whether such Compensation is received directly from the Employer or from the leasing organization. Compensation Year means the one-year period ending on each September 30. Contingent Annuitant means an individual named by the Participant to receive a lifetime benefit after the Participant's death in accordance with a survivorship life annuity. Contributions means Employer Contributions and Participant Contributions as set out in Article III, unless the context clearly indicates only specific contributions are meant. Direct Rollover means a payment by the Plan to the Eligible Retirement Plan specified by the Distributee. Distributee means an Employee or former Employee. In addition, the Employee's (or former Employee's) surviving spouse and the Employee's (or former Employee's) spouse or former spouse who is the Alternate Payee under a qualified domestic relations order, as defined in Code Section 414(p), are Distributees with regard to the interest of the spouse or former spouse. Early Retirement Date means the first day of any month before a Participant's Normal Retirement Date that the Participant selects for the start of his retirement benefit. This day shall be on or after the date he has a Severance from Employment and the date he meets the following requirement(s): 7 Strike through passages are deleted. Underlined passages are added. #2016-O-24 (a) He has attained age 50 and completed five Years of Service with the Employer, or. (b) He has completed 20 Years of Service with the Employer. In any event, for a Participant who became an Active Participant on February 1, 1978, Early Retirement Date shall mean the earlier of the date provided above, or the later of (i) February 1, 1978, or (ii) the date he has attained age 61 and completed 17 years of service. Eligible Employee means any Employee of the Employer excluding the following: Not employed as a General Employee. Eligible Retirement Plan means an eligible plan under Code Section 457(b) that is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and which agrees to separately account for amounts transferred into such plan from this Plan, an individual retirement account described in Code Section 408(a), an individual retirement annuity described in Code Section 408(b), an annuity plan described in Code Section 403(a), an annuity contract described in Code Section 403(b), or a qualified plan described in Code Section 401(a), that accepts the Distributee's Eligible Rollover Distribution. The definition of Eligible Retirement Plan shall also apply in the case of a distribution to a surviving spouse, or to a spouse or former spouse who is the Alternate Payee under a qualified domestic relations order, as defined in Code Section 414(p). Eligible Rollover Distribution means any distribution of all or any portion of the balance to the credit of the Distributee, except that an Eligible Rollover Distribution does not include: (i) any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Distributee or the joint lives (or joint life expectancies) of the Distributee and the Distributee's designated Beneficiary, or for a specified period of ten years or more; (ii) any distribution to the extent such distribution is required under Code Section 401(a)(9); (iii) the portion of any other distribution(s) that is not includible in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities); and (iv) any other distribution(s) that is reasonably expected to total less than $200 during a year. A portion of a distribution shall not fail to be an Eligible Rollover Distribution merely because the portion consists of after-tax employee contributions that are not includible in gross income. However, such portion may be transferred only to an individual retirement account or individual retirement annuity described in Code Section 408(a) or (b), or to a qualified defined contribution plan described in Code Section 401(a) or 403(a) that agrees to separately account for amounts so transferred, including separately accounting for the portion of such distribution that is includible in gross income and the portion of such distribution which is not so includible. Employee means an individual who is employed by the Employer or any other employer required to be aggregated with the Employer under Code Sections 414(b), (c), (m), or (o). The 8 Strike through passages are deleted. Underlined passages are added. #2016-O-24 term Employee shall also include any Leased Employee deemed to be an employee of any employer described in the preceding paragraph as provided in Code Section 414(n) or (o). Employer means, except for purposes of the BENEFIT LIMITATION SECTION of Article IV, City of Edgewater, Florida. Employer Contributions means contributions made by the Employer to fund this Plan. See theEMPLOYER CONTRIBUTIONS SECTION of Article III. Employment Commencement Date means the date an Employee first performs an hour of service for the Employer. Entry Date means the date an Employee first enters the Plan as an Active Participant. See the ACTIVE PARTICIPANT SECTION of Article II. Fiscal Year means the Employer's accounting year. The last day of the Fiscal Year is September 30. Inactive Participant means a former Active Participant who has an Accrued Benefit. See the INACTIVE PARTICIPANT SECTION of Article II. Insurer means Principal Life Insurance Company or the insurance company or companies named by the Employer. Investment Manager means any fiduciary (other than a trustee) (a) who has the power to manage, acquire, or dispose of any assets of the Plan; (b) who (i) is registered as an investment adviser under the Investment Advisers Act of 1940; (ii) is not registered as an investment adviser under such Act by reason of paragraph (1) of Section 203A(a) of such Act, is registered as an investment adviser under the laws of the state (referred to in such paragraph (1)) in which it maintains its principal office and place of business, and, at the time it last filed the registration form most recently filed by it with such state in order to maintain its registration under the laws of such state, also filed a copy of such form with the Secretary of Labor; (iii) is a bank, as defined in that Act; or (iv) is an insurance company qualified to perform services described in subparagraph (a) above under the laws of more than one state; and (c) who has acknowledged in writing being a fiduciary with respect to the Plan. Joint and Survivor Form means, for a Participant who has a spouse, a survivorship life annuity, where the survivorship percentage is 50% and the Contingent Annuitant is the Participant's spouse. If a Participant does not have a spouse, the Joint and Survivor Form means the Normal Form. This Joint and Survivor Form shall be at least the Actuarial Equivalent of any form of benefit offered under the Plan. 9 Strike through passages are deleted. Underlined passages are added. #2016-O-24 Late Retirement Date means the first day of any month that is after a Participant's Normal Retirement Date and on which retirement benefits begin. If a Participant continues to work for the Employer after his Normal Retirement Date, his Late Retirement Date shall be the earliest first day of the month on or after the date he has a Severance from Employment. An earlier Retirement Date may apply if the Participant so elects. A later Retirement Date may apply if the Participant so elects. See the WHEN BENEFITS START SECTION of Article VI. Leased Employee means any person (other than an employee of the recipient) who, pursuant to an agreement between the recipient and any other person ("leasing organization"), has performed services for the recipient (or for the recipient and related persons determined in accordance with Code Section 414(n)(6)) on a substantially full time basis for a period of at least one year, and such services are performed under primary direction or control by the recipient. Contributions or benefits provided by the leasing organization to a Leased Employee, which are attributable to service performed for the recipient employer, shall be treated as provided by the recipient employer. A Leased Employee shall not be considered an employee of the recipient if: (a) such employee is covered by a money purchase pension plan providing (i) a nonintegrated employer contribution rate of at least 10 percent of compensation, as defined in Code Section 415(c)(3), (ii) immediate participation, and (iii) full and immediate vesting, and (b) Leased Employees do not constitute more than 20 percent of the recipient's nonhighly compensated work force. Monthly Compensation means, for any Compensation Year, 1/12th of an Employee's Compensation for such year. To determine Monthly Compensation if an Employee is an Employee for only part of a Compensation Year, his Compensation for that Compensation Year shall be converted to an annual basis as though he were employed for the full Compensation Year. Monthly Date means each Yearly Date and the same day of each following month during the Plan Year beginning on such Yearly Date. Normal Form means a single life annuity with modified cash refund of Participant's Required Contribution Account. Normal Retirement Date means the earliest first day of the month on or after the earlier of the following: (a) The date he has reached age 55 and has completed five years of service with the Employer, or (b) The date he has completed 25 years of service with the Employer. Unless otherwise provided in this Plan, a Participant's retirement benefits shall begin on 10 Strike through passages are deleted. Underlined passages are added. #2016-O-24 his Normal Retirement Date if he has had a Severance from Employment on such date. Subject to the provisions of the BENEFITS UPON EMPLOYMENT AFTER RETIREMENT DATE SECTION of Article IV, even if the Participant is an Employee on his Normal Retirement Date, he may choose to have his retirement benefit begin on such date. Participant means either an Active Participant or an Inactive Participant. Participant Contributions means Required Contributions as set out in Article III. Period of Military Duty means, for an Employee (a) who served as a member of the armed forces of the United States, and (b) who was reemployed by the Employer at a time when the Employee had a right to reemployment in accordance with seniority rights as protected under Chapter 43 of Title 38 of the U.S. Code, the period of time from the date the Employee was first absent from active work for the Employer because of such military duty to the date the Employee was reemployed. Plan means the defined benefit retirement plan of the Employer set forth in this document, including any later amendments to it. Plan Administrator means the person or persons who administer the Plan. The Plan Administrator is the Employer. Plan Participation means the period of time during which a Participant has been an Active Participant. Plan Year means a period beginning on a Yearly Date and ending on the day before the next Yearly Date. Preretirement Survivor Annuity means a straight life annuity payable to the surviving spouse of a Participant who dies before his Annuity Starting Date. Benefits shall be determined as if the Participant had a Severance from Employment on the date of his death (date he last had a Severance from Employment, if earlier) and survived to retire on the earliest date on or after the date of his death on which he could have elected to retire. The monthly benefit payable to the spouse shall be equal to the survivorship benefit that would have been payable to the spouse if the Participant retired under an immediate survivorship life annuity, with a survivorship percentage of 50% and a Contingent Annuitant who is the Participant's s pouse, on such date and died. A former spouse will be treated as the surviving spouse to the extent provided under a qualified domestic relations order as described in Code Section 414(p). Present Value means an immediate single sum payment that is the Actuarial Equivalent of another benefit. 11 Strike through passages are deleted. Underlined passages are added. #2016-O-24 Reentry Date means the date a former Active Participant reenters the Plan. See the ACTIVE PARTICIPANT SECTION of Article II. Required Contribution Account means, on any date, the total of a Participant's Required Contributions. Contributions previously paid to the Participant or applied for him shall be excluded. Required Contribution Accrued Benefit means the amount of monthly retirement benefit under the Normal Form accrued by an Active Participant as of any date and payable at Normal Retirement Date that is derived from his Required Contributions. See the REQUIRED CONTRIBUTION ACCRUED BENEFIT SECTION of Article IV. Required Contributions means nondeductible contributions required from a Participant in order to participate in this Plan. See the REQUIRED CONTRIBUTIONS BY PARTICIPANTS SECTION of Article III. Retirement Date means the date a retirement benefit will begin and is a Participant's Early, Normal, or Late Retirement Date, as the case may be. Severance from Employment means, except for purposes of the BENEFIT LIMITATION SECTION of Article IV, an Employee has ceased to be an Employee. The Plan Administrator shall determine if a Severance from Employment has occurred in accordance with section 1.401 (k)-1 (d)(2) of the regulations. Totally and Permanently Disabled means that a Participant is disabled, as a result of sickness or injury, to the extent that he is prevented from engaging in any substantial gainful activity, and is eligible for and receives a disability benefit under Title II of the Federal Social Security Act. Vested Accrued Benefit means, on any date, the Participant's Accrued Benefit resulting from Employer Contributions multiplied by his Vesting Percentage on such date, plus his Required Contribution Accrued Benefit. Vesting Percentage means the percentage used to determine that portion of a Participant's Accrued Benefit resulting from Employer Contributions which is nonforfeitable (cannot be lost since it is vested). A Participant's Vesting Percentage is shown in the following schedule opposite the number of whole years of his Plan Participation. YEARS VESTING OF SERVICE PERCENTAGE (whole years) Less than 5 0 5 or more 100 12 Strike through passages are deleted. Underlined passages are added. #2016-O-24 The Vesting Percentage for a Participant who is an Employee on or after his Normal Retirement Date or the date he meets the requirement(s) for an Early Retirement Date shall be 100%. If the schedule used to determine a Participant's Vesting Percentage is changed, the new schedule shall not apply to a Participant unless he is credited with an hour of service with the Employer on or after the date of the change. Voluntary Discontinuance Date means the date a Participant fails or refuses to make a Required Contribution. Yearly Date means February 1, 1978, and each following October 1. Years of Service means the total number of years and fractional parts of years of service as a general employee with member contributions, when required, omitting intervening years or fractional parts of years when such member was not employed by the city as a general empl oyee. A member may voluntarily leave his accumulated contributions in the fund for a period of five (5) years after leaving the employ of the city pending the possibility of being reemployed as a general employee, without losing credit for the time that he was a member of the system. If a vested member leaves the employ of the city, his accumulated contributions will be returned only upon his written request. If a member who is not vested is not reemployed as a general employee with the city within five (5) years, his accumulated contributions, if one thousand dollars ($1,000.00) or less, shall be returned. If a member who is not vested is not reemployed within five (5) years, his accumulated contributions, if more than one-thousand dollars ($1,000.00), will be returned only upon the written request of the member and upon completion of a written election to receive a cash lump sum or to rollover the lump sum amount on forms designated by the board. Upon return of a member's accumulated contributions, all of his rights and benefits under the system are forfeited and terminated. The years or parts of a year that a member performs "Qualified Military Service" consisting of voluntary or involuntary "service in the uniformed services" as defined in the Uniformed Services Employment and Reemployment Rights Act (USERRA) (P.L.103-353), after separation from employment as a general employee to perform training or service, shall be added to his years of service for all purposes, including vesting, provided that: (a) The member is entitled to reemployment under the provisions of USERRA. (b) The member returns to his employment as a general employee within one (1) year following the earlier of the date of his military discharge or his release from service, unless otherwise required by USERRA. (c) The member deposits into the fund the same sum that the member would have contributed, if any, if he had remained a general employee during his absence. The maximum credit for military service pursuant to this subdivision shall be five (5) years. The member must deposit all missed contributions within a period equal to three times the period of military service, but not more than five (5) 13 Strike through passages are deleted. Underlined passages are added. #2016-O-24 years, following re-employment or he will forfeit the right to receive service for his military service pursuant to this paragraph. (d) This paragraph is intended to satisfy the minimum requirements of USERRA. To the extent that this paragraph does not meet the minimum standards of USERRA, as it may be amended from time to time, the minimum standards shall apply. In the event a member dies on or after January 1, 2007, while performing USERRA Qualified Military Service, the beneficiaries of the member are entitled to any benefits (other than benefit accruals relating to the period of qualified military service) as if the member had resumed employment and then died while employed. Beginning January 1, 2009, to the extent required by section 414(u)(12) of the code, an individual receiving differential wage payments (as defined under section 3401(h)(2) of the code) from an employer shall be treated as employed by that employer, and the differential wage payment shall be treated as compensation for purposes of applying the limits on annual additions under section 415(c) of the code. This provision shall be applied to all similarly situated individuals in a reasonably equivalent manner. 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 re-lettered to accomplish such intention. 14 Strike through passages are deleted. Underlined passages are added. #2016-O-24 PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART F. ADOPTION. NOT ADOPTED/APPROVED at first reading - During the March 7, 2016 Council Meeting, a Motion to by Councilwoman Bennington, with Second by Councilwoman Power to direct staff to make recommendations for language changes that would provide clarity to compensation definitions and to send their recommendations back to the General Pension Board for consideration. COUNCIL APPROVED to bring back for fist reading. After Motion to approve by Councilwoman Bennington with Second by Councilwoman Power, the vote the vote on the first reading of this ordinance held on November 14, 2016, was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilman Dan Blazi X Councilman Gary T. Conroy X 15 Strike through passages are deleted. Underlined passages are added. #2016-O-24 After Motion to approve by with Second by _____________________________________________________, the vote on the second reading/public hearing of this ordinance held on December 5, 2016, 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 _________________, 2016. 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 5th day of December, 2016 under Agenda Item No. 8___. 13420 Parker Commons Blvd., Suite 104 Fort Myers, FL 33912 · (239) 433 -5500 · Fax (239) 481-0634 · www.foster-foster.com September 8, 2015 VIA EMAIL Ms. Ferrell Jenne Lead Plan Administrator Foster & Foster, Inc. 13420 Parker Commons Blvd. Fort Myers, FL 33912 Re: City of Edgewater General Employees’ Retirement Plan Dear Ferrell: In response to your August 2, 2015 email, we have reviewed the proposed ordinance (identified on page 2 as ksh/edge/gen/05-06-15.ord), amending the definition of Salary to comply with Senate Bill 1128, and have determined that adoption of these changes will have no impact on the assumptions used in determining the funding requirements of the program. While in most instances an Impact Statement would be issued for this type of change, we do not feel a change in the Final Salary Load Assumption is warranted, given that the seven remaining active participants (as of October 1, 2014) are nearing Normal Retirement eligibility in the next several years. Because the changes do not result in a change in the valuation results, it is our opinion that a formal Actuarial Impact Statement is not required in support of its adoption. However, since the Division of Retirement must be aware of the current provisions of all public pension programs, it is required that you send a copy of this letter and a copy of the fully executed Ordinance to the following office: Mr. Keith Brinkman Bureau of Local Retirement Systems Division of Retirement P. O. Box 9000 Tallahassee, FL 32315-9000 If you have any questions, please let me know. Sincerely, Douglas H. Lozen, EA, MAAA Cc via email: H. Lee Dehner, Board Attorney City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2016-O-45,Version:1 ITEM DESCRIPTION: 1st Reading -Ordinance No.2016-O-45:Ed and Donna Ruby requesting annexation of 3.46±acres of land located along the north side of Acee Drive (PID 7431-00-00-0151). OWNER:Francis M. Bianchi REQUESTED ACTION: Annexation LOCATION:North of Acee Drive AREA:3.46± acres PROPOSED USE: Two Single Family Residences (Mobile Home) CURRENT LAND USE: Vacant FLUM DESIGNATION: Urban Low Intensity ZONING DISTRICT:MH-4 (Rural Mobile Home) VOTING DISTRICT: 1 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Single Family - Mobile Home Urban Low Intensity MH-4 (Rural Mobile Home) East Vacant Industrial IPUD (Industrial Planned Unit Development) South Single Family Residence/Vacant Urban Low Intensity MH-4 (Rural Mobile Home) West Single Family Residence Urban Low Intensity MH-4 (Rural Mobile Home) Background:This parcel is located on the north side of Acee Drive and consists of approximately 3.46±acres.The property is located within a residential area and adjacent to the ParkTowne Industrial Center.The applicant is proposing to split the parcel into two-1.73±acre residential parcels once annexed.The Future Land Use map is being amended simultaneously with the annexation; the Zoning Map will be amended at a later date. At their regular meeting of November 9, 2016 the Planning and Zoning Board voted to send a favorable recommendation to City Council for the annexation request. Land Use Compatibility:The proposed use is compatible with the surrounding area of single family residences. Adequate Public Facilities:City water is available along Tatum Boulevard.City wastewater is not available at this time. The property has access via Acee Drive, a private ingress/egress easement. Comprehensive Plan Consistency:The proposed annexation is compatible with Policy 1.8.2 of the Future Land City of Edgewater Printed on 11/23/2016Page 1 of 2 powered by Legistar™ File #:2016-O-45,Version:1 Comprehensive Plan Consistency:The proposed annexation is compatible with Policy 1.8.2 of the Future Land Use Element,which states “In order to reduce land use conflicts and for efficient public service provision,the City shall investigate and, where feasible, annex all enclaves as soon as possible. RECOMMENDED ACTION Motion to approve Ordinance No. 2016-O-45. City of Edgewater Printed on 11/23/2016Page 2 of 2 powered by Legistar™ Strike through passages are deleted. Underlined passages are added. #2016-O-45 1 ORDINANCE NO. 2016-O-45 AN ORDINANCE ANNEXING 3.45± ACRES OF CERTAIN REAL PROPERTY LOCATED AT ALONG ACEE DRIVE (7431-00-00-0151), VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE CITY OF EDGEWATER CORPORATE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE DEPARTMENT OF STATE; 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. Ed and Donna Ruby, on behalf of Francis M. Bianchi, owners, have applied for annexation of property located along Acee Drive (7431-00-00-0151), within Volusia County, Florida. Subject property contains approximately 3.45± acres. 2. The applicant has voluntarily petitioned (applied) the City of Edgewater for annexation pursuant to Section 171.044, Florida Statutes. 3. The property is within the Interlocal Service Boundary Agreement mutually adopted by Volusia County and the City. The conditions for annexation and the economics thereof are satisfactory. 4. The boundaries of Voting District 1 of the City of Edgewater are hereby designated to include the property described herein. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: Strike through passages are deleted. Underlined passages are added. #2016-O-45 2 PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEWATER, FLORIDA. 1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in Exhibit “A” and depicted in the map identified as Exhibit “B”, which are attached hereto and incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality. 2. The boundaries of the City of Edgewater are hereby redefined to include the property described herein and depicted in the map identified as Exhibit “B”. 3. Pursuant to Section 2.01 of the Charter of the City of Edgewater, Florida, that certain document entitled “Description of City of Edgewater Corporate Limits” shall be amended accordingly. 4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia County Manager, the Mapping Division of the Volusia County Growth Management Department, and the Department of State. 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, 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 Strike through passages are deleted. Underlined passages are added. #2016-O-45 3 circumstance PART D. 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 E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART F. ADOPTION. After Motion to approve by , with Second by , the vote on the first reading of this ordinance held on December 5, 2016, was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Amy Vogt Councilman Dan Blazi Councilman Gary T. Conroy Strike through passages are deleted. Underlined passages are added. #2016-O-45 4 After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on 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_____. Strike through passages are deleted. Underlined passages are added. #2016-O-45 5 EXHIBIT “A” LEGAL DESCRIPTION PARCEL 10B -The Southerly one-half (112) of Parcel 10 being described as follows : Property in U. S. Lot 2, Section 31 , Township 17 South, Range 34 East being described as follows: Commence at the Southwest comer of Lot 50, SPANISH MISSION HEIGHTS UNIT 3, as recorded in Map Book 19, page 197 of the Public Records of Volusia County, Florida; thence run S 21° E a distance of 50.00 feet, thence S 25° 20' 17" E a distance of 886.46 feet for the POINT OF BEGINNING; thence N 69° 00' 00" E a distance of 497 .03 feet; thence S 13° 17' 07" E a distance of 323.48 feet; thence S 69' 00' 00" W a distance of 428.24 feet; thence N 25° 20' 17" W a distance of 326.44 feet to the POINTOF BEGINNING. Containing 3.45 acres more or less. Strike through passages are deleted. Underlined passages are added. #2016-O-45 6 EXHIBIT “B” T A T U M B L V D A C E E D R R O B E R T S L N M A S S E Y R DJENNY L Y N N L N R O B E R T A L N DALE STW P A R K A V . Su bject Property Date : 10 /31 /2016 . Date : 10 /31 /2016 Su bject Property City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2016-O-46,Version:1 ITEM DESCRIPTION: 1st Reading -Ordinance No.2016-O-46:Ed and Donna Ruby requesting an amendment to the Comprehensive Plan Future Land Use Map to include 3.46±acres of land located along the north side of Acee Drive (PID 7431-00-00-0151) as Low Density Transition. OWNER:Francis M. Bianchi REQUESTED ACTION: Include property on Future Land Use Map as Low Density Transition. LOCATION:North of Acee Drive AREA:3.46± acres PROPOSED USE: Two Single Family Residences (Mobile Home) CURRENT LAND USE: Vacant FLUM DESIGNATION: County Urban Low Intensity ZONING DISTRICT:County MH-4 (Rural Mobile Home) VOTING DISTRICT: 1 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Single Family - Mobile Home County Urban Low Intensity County MH-4 (Rural Mobile Home) East Vacant Industrial IPUD (Industrial Planned Unit Development) South Single Family Residence/Vacant County Urban Low Intensity County MH-4 (Rural Mobile Home) West Single Family Residence County Urban Low Intensity County MH-4 (Rural Mobile Home) Background:This parcel is located on the north side of Acee Drive and consists of approximately 3.46±acres.The property is located within a residential area and adjacent to the ParkTowne Industrial Center.The applicant is proposing to split the parcel into two-1.73±acre residential parcels once annexed.This parcel is being annexed concurrent with the Future Land Use Map amendment; the zoning map will be amended at a later date. At their meeting of November 9, 2016 the Planning and Zoning Board voted to send a favorable recommendation to City Council for the proposed amendment. The amendment will be effective upon Certification from the Volusia Growth Management Commission. Land Use Compatibility:The proposed use is compatible with the surrounding area of single family residences. City of Edgewater Printed on 11/23/2016Page 1 of 2 powered by Legistar™ File #:2016-O-46,Version:1 Adequate Public Facilities:City water is available along Tatum Boulevard.City wastewater is not available at this time. The property has access via Acee Drive, a private ingress/egress easement. Comprehensive Plan Consistency: Volusia County Urban Low Intensity-Areas for low density residential dwelling units with a range of two-tenths (0.2)to four (4)dwelling units per acre.In reviewing rezoning requests,the specific density will depend on locational factors, particularly compatibility with adjacent uses and availability of public facilities.This residential designation is generally characterized by single family type housing,e.g.,single family detached and attached,cluster and zero lot line.This designation will allow existing agricultural zoning and uses to continue. Low Density Transition -This Future Land Use category allows for one (1)dwelling unit per acre and provides for limited agriculture and for a transition between rural and residential land uses. RECOMMENDED ACTION Motion to approve Ordinance No. 2016-O-46. City of Edgewater Printed on 11/23/2016Page 2 of 2 powered by Legistar™ Strike through passages are deleted. Underlined passages are added. #2016-O-46 1 ORDINANCE NO. 2016-O-46 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2010-O-23 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY URBAN LOW INTENSITY TO CITY LOW DENSITY TRANSITION FOR 3.45± ACRES OF CERTAIN REAL PROPERTY LOCATED AT ALONG ACEE DRIVE (7431- 00-00-0151) EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, from time to time it becomes necessary to amend the City of Edgewater Comprehensive Plan, and WHEREAS, a Public Hearing on the question of designating a future land use classification of the property hereinafter described has been duly held in the City of Edgewater, Florida and at such hearing, interested parties and citizens for and/or against the proposed designation of the future land use classification was heard; and WHEREAS, such amendments are permitted subject to the provisions of Chapter 163, F.S. WHEREAS, the Planning and Zoning Board, sitting as the City’s Local Planning Agency, held an advertised Public Hearing pursuant to 163.3164(30) & 163.3174(4)(a), Fla. Stat. (2012), on Wednesday, November 9, 2016, on the proposed Plan Amendment; Strike through passages are deleted. Underlined passages are added. #2016-O-46 2 WHEREAS, the City Council feels it is in the best interests of the citizens of the City of Edgewater to amend its 2011 Comprehensive Plan as more particularly set forth hereinafter. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: PART A. AMENDMENT. Article I, Section 21-04 of the City of Edgewater’s Land Development Code, as amended and supplemented, adopting the Comprehensive Plan of the City of Edgewater, Florida, regulating and restricting the use of lands located within the City of Edgewater, Florida, shall be amended by this plan map amendment to: Amend the Official Future Land Use Map to include property as Low Density Transition (3.45± acres) for property described in Exhibits “A” and “B”. PART B. PUBLICATION. Notice of this proposed change of the Edgewater Comprehensive Plan shall be published in the manner prescribed by 163.3184 (11), Fla. Stat. (2012). The City Council shall hold at least ONE (1) advertised Public Hearing on the proposed Comprehensive Plan Amendment. The publication shall appear at least FIVE (5) days before the second Public Hearing (Adoption Hearing). The advertisement shall be placed in a newspaper of general paid circulation in the City of Edgewater, and of general interest and readership in the municipality, not one of limited subject matter, pursuant to Chapter 50 of the Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is published at least FIVE (5) days a week, unless the only newspaper in the municipality is published less than FIVE (5) days a week. The advertisement shall substantially be in the following form: Strike through passages are deleted. Underlined passages are added. #2016-O-46 3 Notice of Land Use Change The City of Edgewater proposes to adopt the following ordinance: ORDINANCE NO. 2016-O-46 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2010-O-23 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY URBAN LOW INTENSITY TO CITY LOW DENSITY TRANSITION FOR 3.45± ACRES OF CERTAIN REAL PROPERTY LOCATED AT ALONG ACEE DRIVE (7431- 00-00-0151) EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. A public hearing (transmittal stage) on the ordinance changing the Future Land Use Map will be held on December 5, 2016 at 6:00 p.m. in Council Chambers, 104 N. Riverside Drive, Edgewater, Florida 32132. PART C. PUBLIC HEARINGS. As a condition precedent to the adoption of this ordinance amending the City’s 2011 Comprehensive Plan, the City Council shall hold at least one advertised public hearing on the proposed comprehensive plan or plan amendment as follows: The first public hearing shall be held at the transmittal stage pursuant to subsection 163.3184 (11), Fla. Stat. (2012). The second public hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day that the advertisement is published. The Adoption Hearing shall be held within 180 days of the Department of Economic Opportunity having issued its Objections, Comments, and Strike through passages are deleted. Underlined passages are added. #2016-O-46 4 Recommendations Report to the City. PART D. TRANSMITTAL OF AMENDMENTS TO PLAN. Immediately following the Transmittal Hearing, the City Manager or his designee shall, transmit a copy of the proposed Plan Amendment to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St. Johns River Water Management District, (Water Management District), Florida Department of Transportation, Department of Environmental Protection and to any other unit of local government or governmental agency in the State that has filed a written request with the City of Edgewater for a copy of such plan amendment. Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee shall transmit ONE (1) copy of the Plan Amendment and a copy of this ordinance to the Florida Department of Economic Opportunity. The City Manager or his designee shall also transmit within TEN (10) working days a copy of the adopted Amendment to the Comprehensive Plan to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St. Johns River Water Management District (Water Management District), Florida Department of Transportation, and Department of Environmental Protection. PART E. CONFLICTING PROVISIONS. All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART F. EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective Strike through passages are deleted. Underlined passages are added. #2016-O-46 5 on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. The amendment shall also not be effective until certification is received from the Volusia Growth Management Commission. PART G. 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 circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Strike through passages are deleted. Underlined passages are added. #2016-O-46 6 PART H. ADOPTION. After Motion to approve by ______ , with Second by ____________ , the vote on the first reading of this ordinance held on December 5, 2016, was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Amy Vogt Councilman Dan Blazi Councilman Gary T. Conroy Strike through passages are deleted. Underlined passages are added. #2016-O-46 7 After Motion to approve by with Second by ____________________ , the vote on the second reading/public hearing of this ordinance held on 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____. Strike through passages are deleted. Underlined passages are added. #2016-O-46 8 EXHIBIT “A” LEGAL DESCRIPTION PARCEL 10B -The Southerly one-half (112) of Parcel 10 being described as follows : Property in U. S. Lot 2, Section 31 , Township 17 South, Range 34 East being described as follows: Commence at the Southwest comer of Lot 50, SPANISH MISSION HEIGHTS UNIT 3, as recorded in Map Book 19, page 197 of the Public Records of Volusia County, Florida; thence run S 21° E a distance of 50.00 feet, thence S 25° 20' 17" E a distance of 886.46 feet for the POINT OF BEGINNING; thence N 69° 00' 00" E a distance of 497 .03 feet; thence S 13° 17' 07" E a distance of 323.48 feet; thence S 69' 00' 00" W a distance of 428.24 feet; thence N 25° 20' 17" W a distance of 326.44 feet to the POINTOF BEGINNING. Containing 3.45 acres more or less. Strike through passages are deleted. Underlined passages are added. #2016-O-46 9 EXHIBIT “B” T A T U M B L V D A C E E D R R O B E R T S L N M A S S E Y R DJENNY L Y N N L N R O B E R T A L N DALE STW P A R K A V . Su bject Property Date : 10 /31 /2016 . Date : 10 /31 /2016 Su bject Property TATUM BL VDDALE STR O B E R T A L N M A S S E Y R D A C E E D R JE N N Y L Y N N L N R O B E R T S LN 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 PropertiesParcel: 7431-00-00-0151Proposed City: Low Density TransitionTATUM BL VDDALE STR O B E R T A L N M A S S E Y R D A C E E D R JE N N Y L Y N N LN R O B E R T S LN. . Date: 10/31/2016 Date: 10/31/2016 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 PropertiesParcel: 7431-00-00-0151 Current County Future Land Use:Urban Low Intensity County of VolusiaFuture Land Use Map City Limits Subject Property AGRICULTURE COMMERCIAL CONSERVATION ENVIR ONMENTAL SYSTEMS CORRIDOR FOR ESTRY RESOURCE GATEWAY GR EENKEY INDU STR IAL LOW IMPACT URBAN PUBLIC/SEMI-PUBLIC RURAL URBAN HIGH INTENSITY URBAN LOW INTENSITY URBAN MEDIUM INTENSITY INCOR PORATED City of EdgewaterFuture Land Use Map Subject Property Conservation Overlay Agriculture Recreation Conservation Public/Semi-Public High D ensity Residential Medium D ensity Residential Low Density Residential Low Density Transition Mixed Use Industrial Commercial Sustainable Community Development City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2016-O-47,Version:1 ITEM DESCRIPTION: 1st Reading -Ordinance No.2016-O-47:Amberly Pearson,requesting annexation of 8.6±acres of land located along Pearl Lake Trail and Taylor Road. OWNER:Amberly Pearson; Daniel Pearson; Sean Preston; Jay Preston and Jason Preston REQUESTED ACTION: Annexation LOCATION:2450 Taylor Road (PID 7336-01-00-0171);2460 Taylor Road (7336-01-00-0170);the parcels to the east (PID 7336-01-00-0180) and south (PID 7336-01-00-0163) of 2450 Taylor Road. AREA:8.6± acres PROPOSED USE: Residential CURRENT LAND USE: Single Family Residential/Vacant FLUM DESIGNATION: County - Rural ZONING DISTRICT:County A-2 (Rural Agriculture)-Pearl Lake Trail (PID 7336-01-00-0163)and Taylor Road (PID 7336-01-00-0180); County A-3 (Transitional Agriculture) - 2460 Taylor Road and 2450 Taylor Road. VOTING DISTRICT: 2 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Vacant/Single Family Residential County Rural County A-3 (Transitional Agriculture) East Vacant/Lake/Single Family Residential County Rural County A-2 (Rural Agriculture) South Vacant County Rural County A-2 (Rural Agriculture) West Vacant County Rural County A-2 (Rural Agriculture) and A-3 (Transitional Agriculture) Background:These properties comprise of four (4)parcels,equaling 8.6±acres.The property located at 2460 Taylor Road contains a single family residence constructed in 1939;2450 Taylor Road contains a mobile home installed in 1973; the two remaining parcels are vacant.There are no proposed changes to the uses at this time.The Future Land Use and Zoning Maps will be amended simultaneously with the annexation.The property is located with the Interlocal Service Boundary Area, as adopted by City Council in September 2015. At their regular meeting of November 9, 2016 the Planning and Zoning Board voted to send a favorable recommendation to City Council for the annexation. City of Edgewater Printed on 11/23/2016Page 1 of 2 powered by Legistar™ File #:2016-O-47,Version:1 Land Use Compatibility:The properties are residential in nature and are compatible with the surrounding area. Adequate Public Facilities:City water is available to the parcels,however wastewater is not.There is vehicular access to the properties via Taylor Road and/or Pearl Lake Trail. Comprehensive Plan Consistency:The proposed annexation is compatible with Policy 1.8.2 of the Future Land Use Element,which states “In order to reduce land use conflicts and for efficient public service provision,the City shall investigate and, where feasible, annex all enclaves as soon as possible. RECOMMENDED ACTION Motion to approve Ordinance No. 2016-O-47. City of Edgewater Printed on 11/23/2016Page 2 of 2 powered by Legistar™ Strike through passages are deleted. Underlined passages are added. #2016-O-45 1 ORDINANCE NO. 2016-O-47 AN ORDINANCE ANNEXING 8.6± ACRES OF CERTAIN REAL PROPERTY LOCATED AT PEARL LAKE TRAIL (PID 7336-01-00-0163); 2460 TAYLOR ROAD (PID 7336-01-00-0170); 2450 TAYLOR ROAD (PID 7336-01-00-0170) AND TAYLOR ROAD (PID 7336-01-00-0180), VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE CITY OF EDGEWATER CORPORATE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE DEPARTMENT OF STATE; 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. Amberly Pearson, on behalf of Jay Preston; Sean Preston; Jason Preston and Daniel and Amberly Pearson, owners, has applied for annexation of property located at Pearl Lake Trail (PID 7336-01-00-0163); 2460 Taylor Road (PID 7336-01-00-0170); 2450 Taylor Road (PID 7336-01-00-0170) and Taylor Road (PID 7336-01-00-0180), within Volusia County, Florida. Subject property contains approximately 8.6± acres. 2. The applicant has voluntarily petitioned (applied) the City of Edgewater for annexation pursuant to Section 171.044, Florida Statutes. 3. The property is within the Interlocal Service Boundary Agreement mutually adopted by Volusia County and the City. The conditions for annexation and the economics thereof are satisfactory. 4. The boundaries of Voting District 2 of the City of Edgewater are hereby designated to include the property described herein. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Strike through passages are deleted. Underlined passages are added. #2016-O-45 2 Florida: PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEWATER, FLORIDA. 1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in Exhibit “A” and depicted in the map identified as Exhibit “B”, which are attached hereto and incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality. 2. The boundaries of the City of Edgewater are hereby redefined to include the property described herein and depicted in the map identified as Exhibit “B”. 3. Pursuant to Section 2.01 of the Charter of the City of Edgewater, Florida, that certain document entitled “Description of City of Edgewater Corporate Limits” shall be amended accordingly. 4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia County Manager, the Mapping Division of the Volusia County Growth Management Department, and the Department of State. 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, 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, Strike through passages are deleted. Underlined passages are added. #2016-O-45 3 or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance PART D. 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 E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART F. ADOPTION. After Motion to approve by , with Second by , the vote on the first reading of this ordinance held on December 5, 2016, was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Amy Vogt Councilman Dan Blazi Councilman Gary T. Conroy Strike through passages are deleted. Underlined passages are added. #2016-O-45 4 After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on 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_____. Strike through passages are deleted. Underlined passages are added. #2016-O-45 5 EXHIBIT “A” LEGAL DESCRIPTION Parcel 7336-01-00-0163 Description (Per OR Book 6941, Pg. 1818) A Portion Of Lot 11 And A Portion Of Lot 16 Lying Wester Ly Of The Florida E ast Coast Railway, Plat Of The Assessor's Subdivision Of The Chilton Homestead As Per Map Recorded In Map Book 3 Page 54 Of The Public Records Of Volusia County Flor ida, Being More Particularly Described as follows: As A Point of Reference, Commence At The Northwest Corner Of U.S. Government Lot 1; Thence Run S 88"10'46" W, Along The South Line Of Said Lot 1 1, A Distance Of 247.31 Feet To A Point On The West Line Of Said Lot 1 1; Thence Run N 02"06'52"W, Along The West Line Of Said Lot 1 1 A Distance Of 145.47 Feet To The Point Of Beginning; Thence Continue N 02"06'52" W, Along The West Line Of Said Lot 1 1 , A Distance Of 154.49 Feet; Thence Run N 79"38'03" E, A Distance Of 740 .53 Feet; Thence Run N 00"20'30" E, A Distance Of 23.20 Feet To A Point On The South Line Of Lot 12 Of Said Chilton Homestead; Thence Run N 88"49'01" E, Along The South Line Of Said Lot 12 And Along The South Lin e Of Lot 15 Of Said Chilton Homestead, A Distance Of 779.96 Feet; Thence Run S 1 5·° 33'22" W, A D istance Of 80.37 Feet; Thence Run S 80" 26'1 5" W, A Distance Of 1501 .98 Feet To A Point On The West Line Of Lot 1 1 And The Point Of Beginning. Said Parcel Contains 5.00 Acres More Or Less. Parcels 7336-01-00-0170; 7336-01-00-0171; and 7336-01-00-0180 DESCRIPTION (PER ORB 5824, PG 716) A Portion Of Lots 17 And 18, Lying South Of Taylor Road, A Portion Of Lot 11, Plat Of The Assessor's Subdivision Of The Chilton Homestead As Per Map Recorded In Map Book 3 Page 54 Of The Public Records Of Volusia County Florida, And A Portion Of Us Lot 1, Section 5, Township 18 South Range 34 East Lying West Of The Florida East Coast Railway And A Portion Of The Samuel Betts Grant In Township 18 South Range 34 East Volusia County, Florida Lying Westerly Of The Florida East Coast Railway and Being More Particularly Described As Follows: Commence at the southwest corner of said lot 11; thence S.88°1O'46" W a distance of 247.31 feet; thence N.00°20'30" E., a distance of 300.00 feet to the POINT OF BEGINNING; thence continue northerly along said -line, a distance of 76.42 feet; thence N.88°1O'46" E., a distance of 121.29 feet; thence N.02°21'40" W., a distance of 200.52 feet; to a point on Taylor Road; thence N. 77°13' 46" E., a distance of 349.21 feet to the northwest corner of lot 18, to the point of curve a non tangent curve to the left, of which the radius point lies N.14°06'29" W., a radial distance of 490.40 feet; thence northeasterly along the arc, through a central angle of 20°17'54", a distance of 173. 7 4 feet, the northeast corner of lot 18; thence S.01°16'37" E., a distance of 204.69 feet, to the southeast corner of lot 18 also the west line of lot 11; thence N.88°49'01 "E, a distance of 100.04 feet; thence S.00°20'30" W., a distance of 93.24 feet; thence S. 79°28'13" W., a distance of 727.84 feet to the POINT OF BEGINNING. SAID PARCEL CONTAINS 3.58 ACRES MORE OR LESS. Strike through passages are deleted. Underlined passages are added. #2016-O-45 6 EXHIBIT “B” TIFFA N Y D R L U K A S L N TAYLOR RD MASSEY RDSGLENCOERD TIFFANY DRHIDDENTRO A K L NMILROSE DRMI NORCA RDPEARLLAKETRK N IT T LECIR OLDMISSI ONRDW P A R K A V . Su bject Prope rty Date: 10 /31 /2 016 . Date: 10 /31 /2 016 Su bject Prope rty City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2016-O-48,Version:1 ITEM DESCRIPTION: 1st Reading -Ordinance No.2016-O-48:Amberly Pearson,requesting an amendment to the Comprehensive Plan Future Land Use Map to include 8.6±acres of land located at 2450 Taylor Road;2460 Taylor Road and the parcels to the east and south of 2450 Taylor Road as Low Density Transition with Conservation Overlay. OWNER:Amberly Pearson; Daniel Pearson; Sean Preston; Jay Preston and Jason Preston REQUESTED ACTION: Future Land Use Map Amendment LOCATION:2450 Taylor Road (PID 7336-01-00-0171);2460 Taylor Road (7336-01-00-0170);the parcels to the east (PID 7336-01-00-0180) and south (PID 7336-01-00-0163) of 2450 Taylor Road. AREA:8.6± acres PROPOSED USE: Residential CURRENT LAND USE: Single Family Residential/Vacant FLUM DESIGNATION: County - Rural ZONING DISTRICT:County A-2 (Rural Agriculture)-Pearl Lake Trail (PID 7336-01-00-0163)and Taylor Road (PID 7336-01-00-0180); County A-3 (Transitional Agriculture) - 2460 Taylor Road and 2450 Taylor Road. VOTING DISTRICT: 2 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Vacant/Single Family Residential County Rural County A-3 (Transitional Agriculture) East Vacant/Lake/Single Family Residential County Rural County A-2 (Rural Agriculture) South Vacant County Rural County A-2 (Rural Agriculture) West Vacant County Rural County A-2 (Rural Agriculture) and A-3 (Transitional Agriculture) Background:These properties comprise of four (4)parcels,equaling 8.6±acres.The property located at 2460 Taylor Road contains a single family residence constructed in 1939;2450 Taylor Road contains a mobile home installed in 1973; the two remaining parcels are vacant.There are no proposed changes to the uses at this time.Annexation and an amendment to the Official Zoning Map will occur simultaneously with Future Land Use Map amendment.The amendment will not be effective until such time as the Volusia Growth Management Commission certifies the request. The Planning and Zoning Board voted to send a favorable recommendation to City Council at their meeting on November 9, 2016. City of Edgewater Printed on 11/23/2016Page 1 of 2 powered by Legistar™ File #:2016-O-48,Version:1 Land Use Compatibility:The properties are residential in nature and are compatible with the surrounding area. Adequate Public Facilities:City water is available to the parcels,however wastewater is not.There is vehicular access to the properties via Taylor Road and/or Pearl Lake Trail. Comprehensive Plan Consistency: Volusia County Rural -This designation consists of areas which are a mixture of agriculture and low density residential development.Rural areas provide two functions,the first being a transitional use between the agricultural and urban uses and the second would be a rural community which serves as the economic focal point of a small region.Rural areas should be developed in a manner consistent with the retention of agriculture and the protection of environmentally sensitive areas.Strict limitation of development in rural areas contributes to the efficient growth and operation of public services and facilities,thus ensuring the most effective use of public resources.The natural features and constraints will be the primary determinants in deciding whether or not an area is suitable for rural type development. Low Density Transition -This Future Land Use category allows for one (1)dwelling unit per acre and provides for limited agriculture and for a transition between rural and residential land uses. Conservation Overlay -Properties that are designated as Conservation Overlay areas may potentially contain wildlife habitat areas including habitat for rare,endangered and threatened species,hydric soils/wetlands (as defined in the Conservation Element),mangrove swamps,cypress swamp,mixed hardwood swamp,hydric hardwood hammock and sand pine/xeric oak scrub,estuarine marsh ecotone,freshwater marshes,special vegetative communities,areas within a public water well radii of 500-feet,100-year floodplain areas and other areas subject to environmental or topographic constraints RECOMMENDED ACTION Motion to approve Ordinance No. 2016-O-48. City of Edgewater Printed on 11/23/2016Page 2 of 2 powered by Legistar™ Strike through passages are deleted. Underlined passages are added. #2016-O-48 1 ORDINANCE NO. 2016-O-43 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY RURAL TO CITY LOW DENSITY TRANSITION FOR 8.6± ACRES OF CERTAIN REAL PROPERTY LOCATED AT PEARL LAKE TRAIL (PID 7336-01-00-0163); 2460 TAYLOR ROAD (PID 7336-01-00-0170); 2450 TAYLOR ROAD (PID 7336-01-00-0170) AND TAYLOR ROAD (PID 7336-01-00-0180) EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, from time to time it becomes necessary to amend the City of Edgewater Comprehensive Plan, and WHEREAS, a Public Hearing on the question of designating a future land use classification of the property hereinafter described has been duly held in the City of Edgewater, Florida and at such hearing, interested parties and citizens for and/or against the proposed designation of the future land use classification was heard; and WHEREAS, such amendments are permitted subject to the provisions of Chapter 163, F.S. WHEREAS, the Planning and Zoning Board, sitting as the City’s Local Planning Agency, held an advertised Public Hearing pursuant to 163.3164(30) & 163.3174(4)(a), Fla. Stat. (2012), on Wednesday, November 9, 2016, on the proposed Plan Amendment; Strike through passages are deleted. Underlined passages are added. #2016-O-48 2 WHEREAS, the City Council feels it is in the best interests of the citizens of the City of Edgewater to amend its Comprehensive Plan as more particularly set forth hereinafter. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: PART A. AMENDMENT. Article I, Section 21-04 of the City of Edgewater’s Land Development Code, as amended and supplemented, adopting the Comprehensive Plan of the City of Edgewater, Florida, regulating and restricting the use of lands located within the City of Edgewater, Florida, shall be amended by this plan map amendment to: Amend the Official Future Land Use Map to include property as Low Density Transition (8.6± acres) for property described in Exhibits “A” and “B”. PART B. PUBLICATION. Notice of this proposed change of the Edgewater Comprehensive Plan shall be published in the manner prescribed by 163.3184 (11), Fla. Stat. (2012). The City Council shall hold at least ONE (1) advertised Public Hearing on the proposed Comprehensive Plan Amendment. The publication shall appear at least FIVE (5) days before the second Public Hearing (Adoption Hearing). The advertisement shall be placed in a newspaper of general paid circulation in the City of Edgewater, and of general interest and readership in the municipality, not one of limited subject matter, pursuant to Chapter 50 of the Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is published at least FIVE (5) days a week, unless the only newspaper in the municipality is published less than FIVE (5) days a week. The advertisement shall substantially be in the following form: Strike through passages are deleted. Underlined passages are added. #2016-O-48 3 Notice of Land Use Change The City of Edgewater proposes to adopt the following ordinance: ORDINANCE NO. 2016-O-43 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY RURAL TO CITY LOW DENSITY TRANSITION FOR 8.6± ACRES OF CERTAIN REAL PROPERTY LOCATED AT PEARL LAKE TRAIL (PID 7336-01-00-0163); 2460 TAYLOR ROAD (PID 7336-01-00-0170); 2450 TAYLOR ROAD (PID 7336-01-00-0170) AND TAYLOR ROAD (PID 7336-01-00-0180) EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. A public hearing (transmittal stage) on the ordinance changing the Future Land Use Map will be held on December 5, 2016 at 6:00 p.m. in Council Chambers, 104 N. Riverside Drive, Edgewater, Florida 32132. PART C. PUBLIC HEARINGS. As a condition precedent to the adoption of this ordinance amending the City’s Comprehensive Plan, the City Council shall hold at least one advertised public hearing on the proposed comprehensive plan or plan amendment as follows: The first public hearing shall be held at the transmittal stage pursuant to subsection 163.3184 (11), Fla. Stat. (2012). The second public hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day that the advertisement is published. The Adoption Hearing shall be held within 180 Strike through passages are deleted. Underlined passages are added. #2016-O-48 4 days of the Department of Economic Opportunity having issued its Objections, Comments, and Recommendations Report to the City. PART D. TRANSMITTAL OF AMENDMENTS TO PLAN. Immediately following the Transmittal Hearing, the City Manager or his designee shall, transmit a copy of the proposed Plan Amendment to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St. Johns River Water Management District, (Water Management District), Florida Department of Transportation, Department of Environmental Protection and to any other unit of local government or governmental agency in the State that has filed a written request with the City of Edgewater for a copy of such plan amendment. Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee shall transmit ONE (1) copy of the Plan Amendment and a copy of this ordinance to the Florida Department of Economic Opportunity. The City Manager or his designee shall also transmit within TEN (10) working days a copy of the adopted Amendment to the Comprehensive Plan to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St. Johns River Water Management District (Water Management District), Florida Department of Transportation, and Department of Environmental Protection. PART E. CONFLICTING PROVISIONS. All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART F. EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan Strike through passages are deleted. Underlined passages are added. #2016-O-48 5 amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. The amendment shall also not be effective until certification is received from the Volusia Growth Management Commission. PART G. 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 circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Strike through passages are deleted. Underlined passages are added. #2016-O-48 6 PART H. ADOPTION. After Motion to approve by ______ , with Second by ____________ , the vote on the first reading of this ordinance held on December 5, 2016, was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Amy Vogt Councilman Dan Blazi Councilman Gary T. Conroy After Motion to approve by with Second by ____________________ , the vote on the second reading/public hearing of this ordinance held on was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Dan Blazi Councilman Gary T. Conroy PASSED AND DULY ADOPTED this ____ day of 2017. Strike through passages are deleted. Underlined passages are added. #2016-O-48 7 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____. Strike through passages are deleted. Underlined passages are added. #2016-O-48 8 EXHIBIT “A” LEGAL DESCRIPTION Parcel 7336-01-00-0163 Description (Per OR Book 6941, Pg. 1818) A Portion Of Lot 11 And A Portion Of Lot 16 Lying Wester Ly Of The Florida E ast Coast Railway, Plat Of The Assessor's Subdivision Of The Chilton Homestead As Per Map Recorded In Map Book 3 Page 54 Of The Public Records Of Volusia County Flor ida, Being More Particularly Described as follows: As A Point of Reference, Commence At The Northwest Corner Of U.S. Government Lot 1; Thence Run S 88"10'46" W, Along The South Line Of Said Lot 1 1, A Distance Of 247.31 Feet To A Point On The West Line Of Said Lot 1 1; Thence Run N 02"06'52"W, Along The West Line Of Said Lot 1 1 A Distance Of 145.47 Feet To The Point Of Beginning; Thence Continue N 02"06'52" W, Along The West Line Of Said Lot 1 1 , A Distance Of 154.49 Feet; Thence Run N 79"38'03" E, A Distance Of 740 .53 Feet; Thence Run N 00"20'30" E, A Distance Of 23.20 Feet To A Point On The South Line Of Lot 12 Of Said Chilton Homestead; Thence Run N 88"49'01" E, Along The South Line Of Said Lot 12 And Along The South Lin e Of Lot 15 Of Said Chilton Homestead, A Distance Of 779.96 Feet; Thence Run S 1 5·° 33'22" W, A D istance Of 80.37 Feet; Thence Run S 80" 26'1 5" W, A Distance Of 1501 .98 Feet To A Point On The West Line Of Lot 1 1 And The Point Of Beginning. Said Parcel Contains 5.00 Acres More Or Less. Parcels 7336-01-00-0170; 7336-01-00-0171; and 7336-01-00-0180 DESCRIPTION (PER ORB 5824, PG 716) A Portion Of Lots 17 And 18, Lying South Of Taylor Road, A Portion Of Lot 11, Plat Of The Assessor's Subdivision Of The Chilton Homestead As Per Map Recorded In Map Book 3 Page 54 Of The Public Records Of Volusia County Florida, And A Portion Of Us Lot 1, Section 5, Township 18 South Range 34 East Lying West Of The Florida East Coast Railway And A Portion Of The Samuel Betts Grant In Township 18 South Range 34 East Volusia County, Florida Lying Westerly Of The Florida East Coast Railway and Being More Particularly Described As Follows: Commence at the southwest corner of said lot 11; thence S.88°1O'46" W a distance of 247.31 feet; thence N.00°20'30" E., a distance of 300.00 feet to the POINT OF BEGINNING; thence continue northerly along said -line, a distance of 76.42 feet; thence N.88°1O'46" E., a distance of 121.29 feet; thence N.02°21'40" W., a distance of 200.52 feet; to a point on Taylor Road; thence N. 77°13' 46" E., a distance of 349.21 feet to the northwest corner of lot 18, to the point of curve a non tangent curve to the left, of which the radius point lies N.14°06'29" W., a radial distance of 490.40 feet; thence northeasterly along the arc, through a central angle of 20°17'54", a distance of 173. 7 4 feet, the northeast corner of lot 18; thence S.01°16'37" E., a distance of 204.69 feet, to the southeast corner of lot 18 also the west line of lot 11; thence N.88°49'01 "E, a distance of 100.04 feet; thence S.00°20'30" W., a distance of 93.24 feet; thence S. 79°28'13" W., a distance of 727.84 feet to the POINT OF BEGINNING. SAID PARCEL CONTAINS 3.58 ACRES MORE OR LESS. Strike through passages are deleted. Underlined passages are added. #2016-O-48 9 EXHIBIT “B” TIFFA N Y D R L U K A S L N TAYLOR RD MASSEY RDSGLENCOERD TIFFANY DRHIDDENTRO A K L NMILROSE DRMI NORCA RDPEARLLAKETRK N IT T LECIR OLDMISSI ONRDW P A R K A V . Su bject Prope rty Date: 10 /31 /2 016 . Date: 10 /31 /2 016 Su bject Prope rty TAY LOR R D KNITTLE CIRMASSEY RD S GLENCOE RDMI NORCA RDHIDDENTRPEARLLAKETRMILROSE DRTIFFA N Y D R OLDMI SSI ONRDW P A R K A V W P A R K A V OLD MISSION RDTIFFANY DR MILROSE DRHI DDEN TRS GLENCOE RDT A Y L O R R D MAS SEY RDMINORCA RDKNITTLE CIRTAY LOR RD T A Y L O R R DS GLENCOE RDT A Y L O R R D T A Y L O R R D 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 PropertiesParcel: 7336-01-00-01637336-01-00-01707336-01-00-01717336-01-00-0180Proposed City: Low Density Residentialwith Conservation Overlay . Date: 10/31/2016 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 PropertiesParcel: 7336-01-00-01637336-01-00-01707336-01-00-01717336-01-00-0180Current County Future Land Use:Rural City of EdgewaterFuture Land Use Map Subject Property Conservation Overlay Agriculture Recreation Conservation Public/Semi-Public High Density Residential Medium Density Residential Low Density Residential Low Density Transition Mixed Use Industrial Commercial Sustainable Community Development . Date: 10/31/2016 County of VolusiaFuture Land Use Map City Limits Subject Property AGRICULTURE COMMERCIAL CONSERVATION ENVIRONMENTAL SYSTEMS CORRIDOR FOR ESTRY RESOURCE GATEWAY GR EENKEY INDU STRIAL LOW IMPACT URBAN PUBLIC/SEMI-PUBLIC RURAL URBAN HIGH INTENSITY URBAN LOW INTENSITY URBAN MEDIUM INTENSITY INCORPORATED City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2016-O-49,Version:1 ITEM DESCRIPTION: 1st Reading -Ordinance No.2016-O-49:Amberly Pearson,requesting an amendment to the Official Zoning Map to include 8.6±acres of land located at 2450 Taylor Road;2460 Taylor Road and the parcels to the east and south of 2450 Taylor Road as RT (Rural Transitional). OWNER:Amberly Pearson; Daniel Pearson; Sean Preston; Jay Preston and Jason Preston REQUESTED ACTION: Zoning Map Amendment LOCATION:2450 Taylor Road (PID 7336-01-00-0171);2460 Taylor Road (7336-01-00-0170);the parcels to the east (PID 7336-01-00-0180) and south (PID 7336-01-00-0163) of 2450 Taylor Road. AREA:8.6± acres PROPOSED USE: Residential CURRENT LAND USE: Single Family Residential/Vacant FLUM DESIGNATION: County - Rural ZONING DISTRICT:County A-2 (Rural Agriculture)-Pearl Lake Trail (PID 7336-01-00-0163)and Taylor Road (PID 7336-01-00-0180); County A-3 (Transitional Agriculture) - 2460 Taylor Road and 2450 Taylor Road. VOTING DISTRICT: 2 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Vacant/Single Family Residential County Rural County A-3 (Transitional Agriculture) East Vacant/Lake/Single Family Residential County Rural County A-2 (Rural Agriculture) South Vacant County Rural County A-2 (Rural Agriculture) West Vacant County Rural County A-2 (Rural Agriculture) and A-3 (Transitional Agriculture) Background:These properties comprise of four (4)parcels,equaling 8.6±acres.The property located at 2460 Taylor Road contains a single family residence constructed in 1939;2450 Taylor Road contains a mobile home installed in 1973; the two remaining parcels are vacant.There are no proposed changes to the uses at this time.Annexation and an amendment to the Future Land Use Map will occur simultaneously with Zoning Map amendment. At their regular meeting of November 9, 2016, the Planning and Zoning Board voted to send a favorable recommendation to City Council. City of Edgewater Printed on 11/23/2016Page 1 of 2 powered by Legistar™ File #:2016-O-49,Version:1 Adjacent property owners were notified of the request; staff has not received any opposition. Land Use Compatibility:The properties are residential in nature and are compatible with the surrounding area. Adequate Public Facilities:City water is available to the parcels,however wastewater is not.There is vehicular access to the properties via Taylor Road and/or Pearl Lake Trail. Comprehensive Plan Consistency:The zoning classification of RT (Rural Transitional)is compatible with the Future Land Use designation of Low Density Transition.It allows for limited agriculture and a transition between rural and residential land uses on a minimum of one (1) acre parcels. RECOMMENDED ACTION Motion to approve Ordinance No. 2016-O-49. City of Edgewater Printed on 11/23/2016Page 2 of 2 powered by Legistar™ Strike through passages are deleted. Underlined passages are added. #2016-O-49 1 ORDINANCE NO. 2016-O-49 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY A-2 (RURAL AGRICULTURE) AND A-3 (TRANSITIONAL AGRICULTURE) TO CITY RT (RURAL TRANSITIONAL) FOR 8.6± ACRES OF CERTAIN REAL PROPERTY LOCATED AT PEARL LAKE TRAIL (PID 7336-01-00-0163); 2460 TAYLOR ROAD (PID 7336-01-00-0170); 2450 TAYLOR ROAD (PID 7336-01-00-0170) AND TAYLOR ROAD (PID 7336-01-00-0180), 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. Amberly Pearson is the applicant for property located at Pearl Lake Trail (PID 7336-01-00-0163); 2460 Taylor Road (PID 7336-01-00-0170); 2450 Taylor Road (PID 7336-01- 00-0170) and Taylor Road (PID 7336-01-00-0180), within Volusia County, Florida. Subject property contains approximately 8.6± acres. 2. The applicant has submitted an application for a change in zoning classification from County A-2 (Rural Agriculture) and A-3 (Transitional Agriculture) To City RT (Rural Transitional) for the property described herein. 3. On November 9, 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. Strike through passages are deleted. Underlined passages are added. #2016-O-49 2 6. The proposed change in zoning classification will not adversely impact public 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 following described property is hereby changed from County A- 2 (Rural Agriculture) and A-3 (Transitional Agriculture) To City RT (Rural Transitional) for the property described in Exhibit “A”. PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA. The GIS Technician 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. #2016-O-49 3 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 ______________, with Second by _______________________, the vote on the first reading of this ordinance held on December 5, 2016, was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Amy Vogt Councilman Dan Blazi Councilman Gary T. Conroy Strike through passages are deleted. Underlined passages are added. #2016-O-49 4 After Motion to approve by with Second by _____________, the vote on the second reading/public hearing of this ordinance held on , 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_____. Strike through passages are deleted. Underlined passages are added. #2016-O-49 5 EXHIBIT “A” LEGAL DESCRIPTION Parcel 7336-01-00-0163 Description (Per OR Book 6941, Pg 1818) A Portion Of Lot 11 And A Portion Of Lot 16 Lying Wester Ly Of The Florida E ast Coast Railway, Plat Of The Assessor's Subdivision Of The Chilton Homestead As Per Map Recorded In Map Book 3 Page 54 Of The Public Records Of Volusia County Flor ida, Being More Particularly Described as follows: As A Point of Reference, Commence At The Northwest Corner Of U.S. Government Lot 1; Thence Run S 88"10'46" W, Along The South Line Of Said Lot 1 1, A Distance Of 247.31 Feet To A Point On The West Line Of Said Lot 1 1; Thence Run N 02"06'52"W, Along The West Line Of Said Lot 1 1 A Distance Of 145.47 Feet To The Point Of Beginning; Thence Continue N 02"06'52" W, Along The West Line Of Said Lot 1 1 , A Distance Of 154.49 Feet; Thence Run N 79"38'03" E, A Distance Of 740 .53 Feet; Thence Run N 00"20'30" E, A Distance Of 23.20 Feet To A Point On The South Line Of Lot 12 Of Said Chilton Homestead; Thence Run N 88"49'01" E, Along The South Line Of Said Lot 12 And Along The South Lin e Of Lot 15 Of Said Chilton Homestead, A Distance Of 779.96 Feet; Thence Run S 1 5·° 33'22" W, A D istance Of 80.37 Feet; Thence Run S 80" 26'1 5" W, A Distance Of 1501 .98 Feet To A Point On The West Line Of Lot 1 1 And The Point Of Beginning. Said Parcel Contains 5.00 Acres More Or Less. Parcels 7336-01-00-0170; 7336-01-00-0171; and 7336-01-00-0180 DESCRIPTION (PER ORB 5824, PG 716) A Portion Of Lots 17 And 18, Lying South Of Taylor Road, A Portion Of Lot 11, Plat Of The Assessor's Subdivision Of The Chilton Homestead As Per Map Recorded In Map Book 3 Page 54 Of The Public Records Of Volusia County Florida, And A Portion Of Us Lot 1, Section 5, Township 18 South Range 34 East Lying West Of The Florida East Coast Railway And A Portion Of The Samuel Betts Grant In Township 18 South Range 34 East Volusia County, Florida Lying Westerly Of The Florida East Coast Railway and Being More Particularly Described As Follows: Commence at the southwest corner of said lot 11; thence S.88°1O'46" W a distance of 247.31 feet; thence N.00°20'30" E., a distance of 300.00 feet to the POINT OF BEGINNING; thence continue northerly along said -line, a distance of 76.42 feet; thence N.88°1O'46" E., a distance of 121.29 feet; thence N.02°21'40" W., a distance of 200.52 feet; to a point on Taylor Road; thence N. 77°13' 46" E., a distance of 349.21 feet to the northwest corner of lot 18, to the point of curve a non tangent curve to the left, of which the radius point lies N.14°06'29" W., a radial distance of 490.40 feet; thence northeasterly along the arc, through a central angle of 20°17'54", a distance of 173. 7 4 feet, the northeast corner of lot 18; thence S.01°16'37" E., a distance of 204.69 feet, to the southeast corner of lot 18 also the west line of lot 11; thence N.88°49'01 "E, a distance of 100.04 feet; thence S.00°20'30" W., a distance of 93.24 feet; thence S. 79°28'13" W., a distance of 727.84 feet to the POINT OF BEGINNING. SAID PARCEL CONTAINS 3.58 ACRES MORE OR LESS. TIFFA N Y D R L U K A S L N TAYLOR RD MASSEY RDSGLENCOERD TIFFANY DRHIDDENTRO A K L NMILROSE DRMI NORCA RDPEARLLAKETRK N IT T LECIR OLDMISSI ONRDW P A R K A V . Su bject Prope rty Date: 10 /31 /2 016 . Date: 10 /31 /2 016 Su bject Prope rty TAYL OR R D MASSEY RD S GLENCOE RDPEARLLAKETRHIDDENTRTIFFA N Y D R MILROSE DRW P A R K A VOLDMISSIONRD 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: 7336-01-00-01637336-01-00-01707336-01-00-01717336-01-00-0180 Proposed City Zoning:RT - Rural Transitional TAY LOR R D KNITTLE CIRMI NORCA RDMASSEY RD S GLENCOE RDPEARLLAKETRHIDDENTRTIFFA N Y D R MILROSE DRW P A R K A VOLDMISSIONRDExisting 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: 7336-01-00-01637336-01-00-01707336-01-00-01717336-01-00-0180 Current County Zoning:A2/A3 . Da te: 10/31/201 6 . County Zoning A-1 A-2 A-2(1) A-3 A-3(1) A-4 B-2 B-4 B-4W B-5 B-5W B-6(1) B-7W BPUD C CW FR I-1 I-3W I-4 MH-1 MH-1W MH-2 MH-3 MH-3(1) MH-4 MH-5 MH-5(1) MH-5W MH-6 MH-7(1) MH-8 MPUD PW R-3 R-3W R-4 R-4(1) R-4W R-6 R-6W RA RA(1) RC RCW RPUD RR RR(1) . Date: 10/31/2016 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 Com mercialI1 - Light IndustrialI2 - Heavy Indu strialIPUD - Indu strial Planned Unit Development R - RecreationP/SP - Public/Semi-PublicC - ConservationMPUD - Mixed Use Planned Unit DevelopmentSCD/PUD-S ustainable Community Development Planned Unit DevelopmentRetains Cou nty Zoning City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2016-R-44,Version:1 COUNCIL AGENDA ITEM SUBJECT: Resolution # 2016-R-44 - Variable Frequency Drives (VFD) at the Water Treatment Plant (ITB 17-ES-001) DEPARTMENT: Finance SUMMARY: The City of Edgewater issued an Invitation to Bid on October 20,2016 with the sole purpose and intent of obtaining bids from interested and qualified firms offering to provide services to complete the Variable Frequency Drives -VFD’s at the Water Treatment Plant project in accordance with the specifications stated. Two proposals were submitted,however the submittal from Infinity Industrial Controls was deemed non- responsive due to lack of the following required documents in the proposal: ·Bid Bond ·Acknowledgement of all addenda ·Signed contract ·Revised Price Proposal Form Additionally the price proposal from Infinity Industrial Controls did not include a portion of the required scope of work. The submittal from Chinchor Electric, Inc. was reviewed and deemed a responsible/responsive bid. Per the Evaluation Criteria, award of contract shall be based on the lowest, compliant, qualified bid. The proposal price from Chinchor Electric, Inc. was as follows: Base Bid Total $340,291.00 Alternate 1 Bid Total $10,400.00 Total Bid (combined)$350,691.00 Staff recommends award of the Total Bid, including the Base and Alternate 1 Bids. BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☒ Yes ☐ No ☐ Not Applicable a.Fund 442 - $233,794 b.Fund 444- $116,897 RECOMMENDED ACTION: Motion to award contract to Chinchor Electric,Inc.in the amount of $350,691.00 to construct Variable City of Edgewater Printed on 11/23/2016Page 1 of 2 powered by Legistar™ File #:2016-R-44,Version:1 Motion to award contract to Chinchor Electric,Inc.in the amount of $350,691.00 to construct Variable Frequency Drives at the Water Treatment Plant and to authorize the City Manager to execute the contract. Motion to approve Resolution # 2016-R-44 amending the budget. City of Edgewater Printed on 11/23/2016Page 2 of 2 powered by Legistar™ 1 #2016-R-44 RESOLUTION 2016-R-44 A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, AMENDING THE 2016-2017 FISCAL YEAR BUDGET 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 budget adjustment increase revenues and expenditures by $233,794 between Funds 442 and 444; 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. Amended Budget: The City Council of the City of Edgewater amends the Fiscal Year 2016-2017 budget by an increase of $233,794 in total. Section 2. Effective Date. This Resolution shall become effective immediately upon passage and adoption. 2 #2016-R-44 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 5th day of December, 2016. 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 Approved by the City Council of the City of Edgewater at a meeting held on this 5th day of December, 2016 under Agenda Item No. 8___. City Attorney Doran, Sims, Wolfe & Ciocchetti 1 #2016-R-44 RESOLUTION 2016-R-44 A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, AMENDING THE 2016-2017 FISCAL YEAR BUDGET 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 budget adjustment increase revenues and expenditures by $233,794 between Funds 442 and 444 to provide funding for the Variable Frequency Drives; 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. Amended Budget: The City Council of the City of Edgewater amends the Fiscal Year 2016-2017 budget by an increase of $233,794 in total. Section 2. Effective Date. This Resolution shall become effective immediately upon passage and adoption. 2 #2016-R-44 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 5th day of December, 2016. 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 Approved by the City Council of the City of Edgewater at a meeting held on this 5th day of December, 2016 under Agenda Item No. 8___. City Attorney Doran, Sims, Wolfe & Ciocchetti City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2016-R-42,Version:1 COUNCIL AGENDA ITEM SUBJECT: Resolution 2016-R-42 Joint Participation Agreement (JPA)with Florida Department of Transportation (FDOT) for Lamont Street Baffle Box DEPARTMENT: Environmental Services SUMMARY: The Lamont /Hubbell Stormwater project has been fully designed and permitted.Construction of this project will add stormwater conveyance and treatment systems to an existing FDOT stormwater outfall pipe which currently conveys runoff untreated from US-1 to the Indian River.The City has obtained funding assistance via a grant from Florida Department of Environmental Protection (FDEP)in an amount not to exceed $159,300, which represents approximately 50%of the total project cost.The City also requested funding from Florida Department of Transportation (FDOT).In the attached JPA,FDOT agrees to provide $50,000 in funding toward this project and transfer control of the stormwater outfall pipe along Lamont Street to the City of Edgewater. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to approve Resolution 2016-R-42 JPA with FDOT for Lamont Street Baffle Box and authorize the Mayor to execute the document. City of Edgewater Printed on 11/23/2016Page 1 of 1 powered by Legistar™ 1 2016-R-42 RESOLUTION NO. 2016-R-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; RESOLUTION FOR APPROVAL AND EXECUTION OF THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) JOINT PARTICIPATION AGREEMENT - FM #440283-1-58-01 FOR THE PROJECT DESCRIBED AS “CONSTRUCTION OF A BAFFLE BOX AT LAMONT STREET FOR STATE ROAD 5/US 1 OUTFALL WITHIN THE CITY OF EDGEWATER”; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater and the Florida Department of Transportation (FDOT) would like to enter into a Joint Participation Agreement for Project (FM #440283-1-58- 01) known as “Construction of a Baffle Box at Lamont Street for State Road 5/US 1 Outfall within the City of Edgewater”. WHEREAS, the FDOT has requested the City of Edgewater execute and deliver the Joint Participation Agreement for the aforementioned project, FM #440283-1-58-01. NOW, THEREFORE, be it resolved by the City Council of Edgewater, Florida: Section 1. The City Council of the City of Edgewater hereby approves entering into the Joint Participation Agreement – FM #440283-1-58-01 (which is attached hereto and incorporated herein as Exhibit “A”) and authorizes the Mayor to execute the agreement relating to “Construction of a Baffle Box at Lamont Street for State Road 5/US 1 Outfall within the City of Edgewater”. Section 2. All resolutions or parts of resolutions in conflict herewith be and same are hereby repealed. Section 3. 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. 2 2016-R-42 Section 4. This resolution shall take effect upon adoption. After a motion to approve by ______________________________________ with Second by __________________________________________, the vote on this resolution held on December 5, 2016 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 5th day of December, 2016. 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 5th day of December, 2016 under Agenda Item No 8_____. FM #440283-1-58-01 Original Draft: 9/15/2016 Page 1 of 21 Revised: 11/8/2016 Agency:City of Edgewater Vendor No.: F 596000314 002 Contract No: Fund:Function: 215 Contract Amount: $ 50,000.00 Financial Management No.: 440283-1-58-01 FLAIR Approp: 088716 FLAIR Obj.: 563000 Org. Code: 55054010508 JOINT PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF EDGEWATER This Agreement, made and entered into this ______ day of _______________, 2016, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the DEPARTMENT) and the CITY OF EDGEWATER, a Florida Municipal Corporation (hereinafter referred to as the LOCAL GOVERNMENT), WITNESSETH: WHEREAS, the Parties have been granted specific legislative authority to enter into this Agreement pursuant to Section 339.12, Florida Statutes; and WHEREAS, the LOCAL GOVERNMENT by Resolution No. dated the day of , 2016, a copy of which is attached hereto as Exhibit “F” and made a part hereof, has authorized its officers to execute this Agreement on its behalf; and WHEREAS, the DEPARTMENT is prepared, in accordance with its Five Year Work Program, to undertake the Project described as the “ Construction of a Baffle Box at Lamont Street for State Road 5/US 1 Outfall within the City of Edgewater”, in Fiscal Year 2016/2017, said Project being known as FM #440283-1-58-01, hereinafter referred to as the “Project”; and WHEREAS, the Project is on the State Highway System, is not revenue producing and is contained in the adopted Five Year Work Program; and WHEREAS, the implementation of the Project is in the interest of both the DEPARTMENT and the LOCAL GOVERNMENT and it would be most practical, expeditious, and economical for the LOCAL GOVERNMENT to perform the services to complete the Project. WHEREAS, the intent of this Agreement is to establish the terms and conditions of the funding and the production of this Project; and FM #440283-1-58-01 Original Draft: 9/15/2016 Page 2 of 21 Revised: 11/8/2016 NOW, THEREFORE, in consideration of the mutual benefits to be derived from the joint participation of this Agreement, the parties agree as follows: 1.TERM A.The term of this Agreement shall begin upon the date of signature of the last party to sign. The LOCAL GOVERNMENT agrees to complete the Project by November 30, 2017, in accordance with the schedule described and contained in Exhibit “C” attached hereto. If the LOCAL GOVERNMENT does not complete the Project within the time period allotted, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the LOCAL GOVERNMENT and granted in writing by the DEPARTMENT prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the Project. After the Project is complete, the term of this Agreement shall continue in effect and be binding on the parties in perpetuity for maintenance responsibilities of the LOCAL GOVERNMENT. 2.SERVICES AND PERFORMANCES A.The LOCAL GOVERNMENT shall furnish the services to construct the Project which consists of: Baffle Box; and otherwise the LOCAL GOVERNMENT shall perform all other necessary work to complete the Project, as specified in Exhibit “A”, Scope of Services attached hereto and by this reference made a part hereof. Nothing herein shall be construed as requiring the LOCAL GOVERNMENT to perform any activity which is outside of the scope of services of the Project. The DEPARTMENT’S financial participation in the Project pursuant to this Agreement is strictly limited to the construction of the Baffle Box. B.The LOCAL GOVERNMENT agrees to undertake the construction of the Project in accordance with all applicable federal, state and local statutes, rules and regulations, including DEPARTMENT standards and specifications. C. This Agreement shall act to supersede the normal requirements of the LOCAL GOVERNMENT to secure separate DEPARTMENT permits for drive-way connection, right- of-way utilization, storm-water discharge and utilities and this Agreement is deemed to constitute such permits. D. The Project is located in public right-of-way that has been used and maintained by the DEPARTMENT for many years. FM #440283-1-58-01 Original Draft: 9/15/2016 Page 3 of 21 Revised: 11/8/2016 E.The LOCAL GOVERNMENT shall be responsible for obtaining clearances/permits required for the construction of the Project from the appropriate permitting authorities. F.The LOCAL GOVERNMENT understands that they are responsible for the preparation of all design plans for the Project, at the expense of the LOCAL GOVERNMENT, suitable for reproduction on 11 inch by 17 inch sheets, together with a complete set of specifications covering all construction requirements for the Project. Two (2) copies of the design plans, engineers estimate, permits, drainage and/or structural calculations, geotech, specifications and any other documentation that would relate to design, shall be provided to the DEPARTMENT’S Point of Contact, at the address listed on Page 11. The DEPARTMENT shall review the plans for conformance to the DEPARTMENT’S requirements and feasibility within forty-five (45) days of delivery by the LOCAL GOVERNMENT. The DEPARTMENT’S review shall not be considered an adoption of the plans nor a substitution for the engineer’s responsibility for the plans. All changes requested by the DEPARTMENT shall be made by the LOCAL GOVERNMENT and final corrected plans shall be provided to the DEPARTMENT in a timely manner. The LOCAL GOVERNMENT shall provide a copy of the Final Bid documents to the DEPARTMENT. After approval of the plans and prior to commencing the work described herein, the LOCAL GOVERNMENT shall request a Notice to Proceed from the DEPARTMENT’S Point of Contact, address listed on Page 11, or from an appointed designee. Any work performed prior to the issuance of the Notice to Proceed is not subject to reimbursement. G.The LOCAL GOVERNMENT shall hire a qualified contractor using the LOCAL GOVERNMENT’S normal bid procedures to perform the construction work for the Project. H.The LOCAL GOVERNMENT shall hire a qualified Consultant Construction Engineering Inspection firm (hereinafter “CCEI”) to perform construction oversight including the obligation to assure that any and all verification testing is performed in accordance with the 2016 Standard Specifications for Road and Bridge Construction, as amended from time to time. The LOCAL GOVERNMENT’S Attorney shall certify to the DEPARTMENT that selection has been accomplished in compliance with the Consultants’ Competitive Negotiation Act, Section 287.055, Florida Statutes.The DEPARTMENT shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the FM #440283-1-58-01 Original Draft: 9/15/2016 Page 4 of 21 Revised: 11/8/2016 Project. The CCEI firm shall not be the same firm as that of the Engineer of Record for the Project. I.The LOCAL GOVERNMENT shall require the LOCAL GOVERNMENT’S contractor to post a bond in accordance with Section 337.18(1), Florida Statutes. J.The LOCAL GOVERNMENT shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable DEPARTMENT standards and that the work is performed in accord with the Terms and Conditions contained in Exhibit “D”. K.If the LOCAL GOVERNMENT utilizes its own work force for any services for the Project, all costs and expenses thereof shall not be subject to reimbursement. L.Upon request, the LOCAL GOVERNMENT agrees to provide progress reports to the DEPARTMENT in the standard format used by the LOCAL GOVERNMENT and at intervals established by the DEPARTMENT. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of the Project being constructed by the LOCAL GOVERNMENT and of details thereof. Either party to the Agreement may request and shall, within a reasonable time thereafter, be granted a conference with the other party. M. Upon completion of the work authorized by this Agreement, the LOCAL GOVERNMENT shall notify the DEPARTMENT in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto as Exhibit “E”. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. The LOCAL GOVERNMENT shall furnish the DEPARTMENT a set of “as- built” plans certified by the Engineer of Record/CEI. N.Upon completion of the Project, the LOCAL GOVERNMENT shall be responsible for the perpetual maintenance of the facilities constructed under this Agreement, including the 36” pipe along Lamont Street from the connection to the Baffle Box to the Indian River Lagoon. The maintenance functions to be performed by the LOCAL GOVERNMENT shall be subject to periodic inspections by the DEPARTMENT. The LOCAL GOVERNMENT shall not change or deviate from said plan(s) without written approval of the DEPARTMENT. If FM #440283-1-58-01 Original Draft: 9/15/2016 Page 5 of 21 Revised: 11/8/2016 it comes to the attention of the DEPARTMENT that that the Project is not adequately maintained, the District Secretary or his/her designee may issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the LOCAL GOVERNMENT to place said LOCAL GOVERNMENT on notice thereof. Thereafter, the LOCAL GOVERNMENT shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If the deficiencies are not timely corrected, the DEPARTMENT has the right to remove and/or maintain the baffle box system located within the US 1 outfall system along Lamont Street. 3.COMPENSATION AND REIMBURSEMENT A.Project Cost:The total estimated cost of the Project is $50,000.00 (Fifty Thousand Dollars and No/100). The DEPARTMENT agrees to compensate the LOCAL GOVERNMENT for services described in Exhibit A – Scope of Services. This amount is based on the Method of Compensation, Exhibit “B” attached hereto. B.DEPARTMENT Participation:The DEPARTMENT agrees to compensate the LOCAL GOVERNMENT in an amount not to exceed $50,000.00 (Fifty Thousand Dollars and No/100)for the actual project costs incurred, excluding LOCAL GOVERNMENT overhead. The funding for this Project is contingent upon annual appropriation by the Florida Legislature. The LOCAL GOVERNMENT agrees to bear all expenses in excess of the DEPARTMENT’s participation. C.The LOCAL GOVERNMENT shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project, identified as Project Number 440283-1-58-01, and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit A – Scope of Services. D.Invoices shall be submitted by the LOCAL GOVERNMENT in detail sufficient for a proper pre-audit and post-audit thereof, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit A - Scope of Services. Deliverables must be received and accepted in writing by the Department’s Project Manager or designee prior to payment. E.Supporting documentation must establish that the deliverables were received and accepted in writing by the LOCAL GOVERNMENT and must also establish that the required FM #440283-1-58-01 Original Draft: 9/15/2016 Page 6 of 21 Revised: 11/8/2016 minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit A – Scope of Services was met. F.There shall be no reimbursement for travel expenses under this Agreement. G.Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes. If the DEPARTMENT determines that the performance of the LOCAL GOVERNMENT is unsatisfactory, the DEPARTMENT shall notify the LOCAL GOVERNMENT of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the DEPARTMENT. The LOCAL GOVERNMENT shall, within five (5) days after notice from the DEPARTMENT, provide the DEPARTMENT with a corrective action plan describing how the LOCAL GOVERNMENT will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the DEPARTMENT, the LOCAL GOVERNMENT shall be assessed a non-performance retainage equivalent to ten percent (10%) of the total invoice amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall be withheld until the LOCAL GOVERNMENT resolves the deficiency. If the deficiency is subsequently resolved, the LOCAL GOVERNMENT may bill the DEPARTMENT for the retained amount during the next billing period. If the LOCAL GOVERNMENT is unable to resolve the deficiency, the funds may be forfeited at the end of the Agreement term. i)All costs charged to the Project by the LOCAL GOVERNMENT shall be supported by detailed invoices, proof of payments, contracts or vouchers evidencing in sufficient detail the nature and propriety of the charges. H.The LOCAL GOVERNMENT providing goods and services to the DEPARTMENT should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than twenty (20) working days, upon receipt of an invoice. The DEPARTMENT has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. I.If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount to the LOCAL GOVERNMENT. Interest penalties of less than FM #440283-1-58-01 Original Draft: 9/15/2016 Page 7 of 21 Revised: 11/8/2016 one dollar ($1.00) will not be enforced unless the LOCAL GOVERNMENT requests payment. Invoices which have to be returned to the LOCAL GOVERNMENT because of LOCAL GOVERNMENT preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. J.A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for the LOCAL GOVERNMENT who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. K.Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the LOCAL GOVERNMENT'S general accounting records and the Project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the Project, and all other records of the contractor and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. Any discrepancies revealed by any such audit shall be resolved by a corrected final billing from the LOCAL GOVERNMENT to the DEPARTMENT. L.The contractor/consultant/vendor agrees to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.055(5), Florida Statutes. M. In the event this Agreement is in excess of $25,000.00 (TWENTY-FIVE THOUSAND DOLLARS AND NO/100) and a term for a period of more than one (1) year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated as follows: “The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of FM #440283-1-58-01 Original Draft: 9/15/2016 Page 8 of 21 Revised: 11/8/2016 contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of $25,000.00 and which have a term for a period of more than one (1) year.” N.The DEPARTMENT’S performance and obligation to pay under this contract is contingent upon an annual appropriation by the Florida Legislature. The parties agree that in the event funds are not appropriated to the DEPARTMENT for the Project, this Agreement may be terminated, which shall be effective upon the DEPARTMENT giving notice to the LOCAL GOVERNMENT to that effect. O. If the DEPARTMENT determines that the performance of the LOCAL GOVERNMENT is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the LOCAL GOVERNMENT of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by the DEPARTMENT. 4.COMPLIANCE WITH LAWS A.The LOCAL GOVERNMENT shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LOCAL GOVERNMENT in conjunction with this Agreement. Failure by the LOCAL GOVERNMENT to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B.The LOCAL GOVERNMENT shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof. The LOCAL GOVERNMENT shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Agreement. C.No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch, or a state agency. D.The LOCAL GOVERNMENT and the DEPARTMENT agree that the LOCAL GOVERNMENT, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this Contract. FM #440283-1-58-01 Original Draft: 9/15/2016 Page 9 of 21 Revised: 11/8/2016 5.TERMINATION AND DEFAULT A.This Agreement may be canceled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the LOCAL GOVERNMENT shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. B.If the DEPARTMENT determines that the performance of the LOCAL GOVERNMENT is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the LOCAL GOVERNMENT of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by the DEPARTMENT. C.If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the LOCAL GOVERNMENT, the DEPARTMENT shall notify the LOCAL GOVERNMENT of such termination, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. D.If the Agreement is terminated before performance is completed, the LOCAL GOVERNMENT shall be paid only for that work satisfactorily performed for which costs can be substantiated. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the LOCAL GOVERNMENT. 6.MISCELLANEOUS A.In no event shall the making by the DEPARTMENT of any payment to the LOCAL GOVERNMENT constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the LOCAL GOVERNMENT, and the making of such payment by the DEPARTMENT while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. B.This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. Any provision herein determined by a court of competent jurisdiction, or any other legally constituted body having jurisdiction, to be invalid or unenforceable shall be severable and the remainder of this Agreement shall remain in full force and effect, provided that FM #440283-1-58-01 Original Draft: 9/15/2016 Page 10 of 21 Revised: 11/8/2016 the invalidated or unenforceable provision is not material to the intended operation of this Agreement. C. This Agreement shall be effective upon execution by both parties and shall continue in effect and be binding on the parties until the Project is completed, any subsequent litigation is complete and terminated, final costs are known, and legislatively appropriated reimbursements, if approved, are made by the DEPARTMENT. D.PUBLIC ENTITY CRIME INFORMATION AND ANTI-DISCRIMINATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. E.The DEPARTMENT and the LOCAL GOVERNMENT acknowledge and agree to the following: i) The LOCAL GOVERNMENT shall utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of all new employees hired by the LOCAL GOVERNMENT during the term of the contract; and ii) The LOCAL GOVERNMENT shall expressly require any contractors and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of all new employees hired by the contractor/subcontractor during the contract term. FM #440283-1-58-01 Original Draft: 9/15/2016 Page 11 of 21 Revised: 11/8/2016 F.All notices required pursuant to the terms hereof shall be sent by First Class United States Mail. Unless prior written notification of an alternate address for notices is sent, all notices shall be sent to the following addresses: Points of Contact: DEPARTMENT Holly Lopenski Program Coordinator 719 South Woodland Boulevard, M.S. 4-520 DeLand, Florida 32720-6834 PH: 386-943-5520 holly.lopenski@dot.state.fl.us Raul E. Artuz Project Manager/MS 4-521 719 South Woodland Boulevard DeLand, Florida 32720-6834 PH: (386) 943-5377 raul.artuz@dot.state.fl.us Vince Vacchiano Construction Project Manager/MS 3-506 719 South Woodland Boulevard DeLand, Florida 32720-6834 PH: (386) 943-5406 vincent.vacchiano@dot.state.fl.us LOCAL GOVERNMENT Brenda Dewees Director of Environmental Services 104 North Riverside Drive Edgewater, Florida 32032 PH: 386-424-2400 bdewees@cityofedgewater.org FM #440283-1-58-01 Original Draft: 9/15/2016 Page 12 of 21 Revised: 11/8/2016 IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement this ________ day of ____________________, 2016, and the DEPARTMENT has executed this Agreement this ________ day of ____________________, 2016. STATE OF FLORIDA CITY OF EDGEWATER DEPARTMENT OF TRANSPORTATION By:By: Name:Name: Frank J. O’Dea, P.E. Title:Title: Director of Transportation Development As approved by the Board on: Attest:Attest: Executive Secretary Legal Review:Legal Review: City Attorney Financial Provisions Approval by the Office of the Comptroller on: Authorization Received from the Office of the Comptroller as to Availability of Funds: FM #440283-1-58-01 Original Draft: 9/15/2016 Page 13 of 21 Revised: 11/8/2016 Exhibit “A” SCOPE OF SERVICES Financial Management Number: 440283-1-58-01 The objective of this Project is to reduce stormwater pollutant loads to the Indian River Lagoon and contribute to the recovery of the Indian River through the reduction of direct discharge of untreated stormwater runoff to the River. The LOCAL GOVERNMENT is committed to improving the water quality in the Indian River and has the resources to properly maintain the systems being proposed. The proposed Project will benefit the Indian River Lagoon by reducing untreated stormwater runoff that directly discharges into the Indian River. By reducing the amount of these pollutants entering the estuary, sea grass growth will benefit, along with the animals. The Indian River Lagoon is listed on the Florida Department of Environmental Protection (FDEP) Statewide Comprehensive Verified List of Impaired Waters. In addition, the LOCAL GOVERNMDENT is proposing to partner with the DEPARTMENT to treat stormwater from US 1/State Road 5 contributing area which currently has no treatment and directly discharges to the Indian River Lagoon. The proposed Project consists of construction of a baffle box as part of the drainage improvements to the Lamont Street outfall by retrofitting the drainage system along Lamont Street and Hubbell Street by adding approximately eight (8) storm water inlets, exfiltration trenches, two (2) manholes, reinforced concrete pipe, a baffle box and sodded swales. The DEPARTMENT is funding the construction of the Baffle Box only. FM #440283-1-58-01 Original Draft: 9/15/2016 Page 14 of 21 Revised: 11/8/2016 Exhibit “B” METHOD OF COMPENSATION Financial Management Number: 440283-1-58-01 For satisfactory completion of all services detailed in Exhibit “A” (Scope of Work) of this Agreement, the DEPARTMENT will compensate the LOCAL GOVERNMENT an amount not to exceed $50,000.00 (Fifty Thousand Dollars and No/100)for actual costs incurred. The LOCAL GOVERNMENT may receive progress payments for actual costs incurred for deliverables based on a percentage of services that have been completed, approved and accepted to the satisfaction of the DEPARTMENT when properly supported by detailed invoices and acceptable evidence of payment. The final balance due under this Agreement will be reimbursed upon the completion of all Project services, receipt of final construction cost documentation and proper submission of a detailed invoice and when the Project has been inspected, approved and accepted to the satisfaction of the DEPARTMENT in writing. FM #440283-1-58-01 Original Draft: 9/15/2016 Page 15 of 21 Revised: 11/8/2016 Exhibit “C” ESTIMATED PROJECT PRODUCTION SCHEDULE Financial Management Number: 440283-1-58-01 Give NTP January 2, 2017 Earliest Construction Start January 2, 2017 Latest Construction Finish September 30, 2017 Construction Contract Closeout September 30, 2017 Final Invoice and Closeout Documentation to the Department November 30, 2017 FM #440283-1-58-01 Original Draft: 9/15/2016 Page 16 of 21 Revised: 11/8/2016 Exhibit “D” TERMS & CONDITIONS OF CONSTRUCTION Financial Management Number: 440283-1-58-01 1. The LOCAL GOVERNMENT is authorized, subject to the conditions set forth herein, to enter DEPARTMENT right-of-way to perform all activities necessary for the construction of the Project (as described more fully in Exhibit “A”). The Project shall be constructed in accordance with construction plans and specifications to be approved by the DEPARTMENT and consistent with the requirements of the DEPARTMENT. The plans shall include an appropriate plan for maintenance of traffic. Should any significant (as defined by §4-3 of Standard Specifications for Road and Bridge Construction, 2016, and as amended from time to time) changes to the plans be required during construction of the Project, the LOCAL GOVERNMENT shall be required to notify the DEPARTMENT of the changes and receive approval from the DEPARTMENT prior to the changes being constructed. The DEPARTMENT reserves the right to adjust the plans to meet the requirements of permits. The LOCAL GOVERNMENT shall be responsible to maintain the area of the Project at all times during construction of the Project. All payment and performance bonds shall name the DEPARTMENT as an additional obligee. All warranties on any product or material used in construction of said Project shall be in favor of the DEPARTMENT. The LOCAL GOVERNMENT shall assure that the Engineer of Record performs all necessary post-design services that may be required. 2. The LOCAL GOVERNMENT shall have the affirmative responsibility to locate all existing utilities, both aerial and underground and that all utility locations shall be represented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. The LOCAL GOVERNMENT shall be obligated to design around any utility installation for which the conflict cannot be resolved. Said utility work shall be deemed to be undertaken on behalf of and for the benefit of the DEPARTMENT and the LOCAL GOVERNMENT shall assure that utility work schedules are obtained for the Project. 3. The work performed pursuant to this Agreement may require authorization under the Clean Water Act, by the U.S. Environmental Protection Agency for Storm Water Discharges from construction sites. The LOCAL GOVERNMENT is responsible for obtaining the National Pollutant Discharge Elimination System Permit and all other necessary permits for construction of the Project. When applicable, such permits will be processed in the name of the DEPARTMENT; however, in such event, the LOCAL GOVERNMENT will comply with all terms and conditions of such permit in construction of the subject facilities. 4. This Agreement shall act to supersede the normal requirements of the LOCAL GOVERNMENT to secure separate DEPARTMENT permits for drive-way connection, right-of-way utilization, storm-water discharge and utilities and this Agreement is deemed to constitute such permits. 5. It is expressly agreed by the parties that this Agreement creates a permissive use only and that neither the granting of the permission herein to use DEPARTMENT and/or LOCAL GOVERNMENT right-of-way nor the placing of facilities upon DEPARTMENT and/or FM #440283-1-58-01 Original Draft: 9/15/2016 Page 17 of 21 Revised: 11/8/2016 LOCAL GOVERNMENT land shall operate to create or vest any property right in the LOCAL GOVERNMENT except as otherwise provided in separate agreements. 6. The DEPARTMENT shall appoint and authorize a single individual to serve as the DEPARTMENT'S representative to coordinate and manage the DEPARTMENT review of LOCAL GOVERNMENT activities pursuant to this Agreement. The LOCAL GOVERNMENT shall provide a current construction schedule to the DEPARTMENT’S representative and shall notify the representative at least 48 hours in advance of starting proposed work and again immediately upon completion of work. 7. The LOCAL GOVERNMENT shall utilize a qualified prime contractor for the Project. 8. The LOCAL GOVERNMENT shall hire a ualified Consultant Construction Engineering Inspection firm (CCEI) to perform construction oversight including the obligation to assure that any and all verification testing is performed in accordance with the 2016 Standard Specifications for Road and Bridge Construction, as amended from time to time. The DEPARTMENT shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. The CCEI firm shall not be the same firm as that of the Engineer of Record for the Project. 9. The LOCAL GOVERNMENT shall require the LOCAL GOVERNMENT’S contractor to post a bond in accordance with Section 337.18, Florida Statutes. 10. The LOCAL GOVERNMENT shall not modify the intent of the design plans or the maintenance of traffic concept without appropriate submission by the Engineer of Record (the "Engineer") and approval by the DEPARTMENT. Provided, however, in the event of an emergency, the LOCAL GOVERNMENT shall immediately make any necessary changes and notify the DEPARTMENT and the Engineer of Record after the modifications. 11. The DEPARTMENT may request and shall be granted a conference with the LOCAL GOVERNMENT and at the LOCAL GOVERNMENT'S option, the LOCAL GOVERNMENT'S CEI firm, to discuss any part of the Project activities that the DEPARTMENT determines to be inconsistent with the approved design plans and specifications. The LOCAL GOVERNMENT will monitor the corrective action and provide the DEPARTMENT status reports at such intervals as are reasonable, based on the corrective action undertaken, and the DEPARTMENT may, but is not obligated to, review independently the progress of the corrective action. Provided however, if the DEPARTMENT determines a condition exists which threatens the public's safety, the DEPARTMENT may, at its discretion, issue an immediate stop work order. 12. The LOCAL GOVERNMENT shall have the continuous obligation to monitor the maintenance of traffic and construction operation during the course of the Project so that the safe and efficient movement of the traveling public is maintained. The LOCAL GOVERNMENT is further obligated to make such changes to the maintenance of traffic plans as may be necessary. During construction, the LOCAL GOVERNMENT shall take measures, including the placing and display of safety devices that are necessary in order to safely conduct the public through the Project area in accordance with the latest and current version of the FM #440283-1-58-01 Original Draft: 9/15/2016 Page 18 of 21 Revised: 11/8/2016 Federal Highway Administration Manual on Uniform Traffic Control Devices for Streets and Highways, and the DEPARTMENT'S 2016 Standard Specifications for Road and Bridge construction and the DEPARTMENT'S 2016 Roadway and Traffic Design Standards, and as those sources may be amended from time to time. The LOCAL GOVERNMENT may assign the responsibility of this paragraph to the Contractor or its' CEI for the construction of the Project. 13. Prior to the Project bidding, the LOCAL GOVERNMENT shall provide a project schedule that includes, at a minimum, the date the Project will be advertised for bid, the bid opening date, the award date and the date of the preconstruction conference. 14. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the DEPARTMENT'S right, title and interest in the land to be entered upon and used by the LOCAL GOVERNMENT. Any additional right or privilege required to undertake and to complete construction of the Project shall be secured by the LOCAL GOVERNMENT. 15. Upon completion of the work in accord with the Plans, the LOCAL GOVERNMENT shall furnish a set of “as-built” plans prepared in accordance with the FDOT Construction Project Administration Manual, Chapter 5.12 (FDOT Procedure #700-000-000). The “as-built” plans shall be certified by the Engineer of Record/CEI that the necessary improvements have been completed in accordance with the Plans as the same may be modified in accord with the terms of this Agreement. This certification shall include a statement that necessary inspections, tests, and physical measurements have been made, and that all materials entering into the work conform to the Plans, conform to the applicable specifications contained in the Standard Specifications for Road and Bridge Construction, 2016 edition as amended, or otherwise conform to or meet generally accepted professional practices. Additionally, the LOCAL GOVERNMENT shall assure that all post construction survey monumentation required by Florida Statutes is completed and evidence of such is provided to the DEPARTMENT in a manner acceptable to the DEPARTMENT. Upon acceptance of right-of-way documents, then the Project shall be deemed accepted by and turned over to the DEPARTMENT. 16. In the event contaminated soil is encountered by the LOCAL GOVERNMENT or anyone within the DEPARTMENT right of way, the LOCAL GOVERNMENT shall immediately cease work and notify the DEPARTMENT. The DEPARTMENT shall coordinate with the appropriate agencies and notify the LOCAL GOVERNMENT of any required action related thereto. 17. It is acknowledged by the parties that construction plans and specifications are still being prepared by the LOCAL GOVERNMENT as of the date of this Agreement. Construction of the Project will not commence until the DEPARTMENT has approved the construction plans and specifications as provided for in Paragraph 1 and all required right-of-way has been properly obtained and certified (if applicable) as such by the DEPARTMENT’s Right of Way Manager. 18. If applicable, the LOCAL GOVERNMENT shall assure that load ratings are submitted on any vehicular bridge prior to the final submission of the structure plans for DEPARTMENT review. Structures shall not be opened to traffic until a signed and sealed final bridge load rating that meets the Florida legal loads standard is complete. FM #440283-1-58-01 Original Draft: 9/15/2016 Page 19 of 21 Revised: 11/8/2016 Exhibit “E” NOTICE OF COMPLETION JOINT PARTICIPATION AGREEMENT Between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and the CITY OF EDGEWATER PROJECT DESCRIPTION: “Construction of a Baffle Box at Lamont Street for State Road 5/US 1 Outfall within the City of Edgewater” FINANCIAL MANAGEMENT ID# 440283-1-58-01 In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT, the undersigned hereby provides notification that the work authorized by this Agreement is complete as of , 20 . By: Name: Title: ENGINEER’S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT, the undersigned hereby certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the LOCAL GOVERNMENT shall furnish the DEPARTMENT a set of “as-built” plans certified by the Engineer of Record/CEI. By:, P.E. SEAL:Name: FM #440283-1-58-01 Original Draft: 9/15/2016 Page 20 of 21 Revised: 11/8/2016 Date: FM #440283-1-58-01 Original Draft: 9/15/2016 Page 21 of 21 Revised: 11/8/2016 Exhibit “F” RESOLUTION Financial Management Number: 440283-1-58-01 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2016-R-43,Version:1 COUNCIL AGENDA ITEM SUBJECT: Resolution 2016-R-43 Hurricane Matthew Budget Amendment DEPARTMENT: City Manager SUMMARY: On October 7,2016 Hurricane Matthew affected the Edgewater area causing approximately $5,294,855 in damages within our City.As a result positions,capital outlay and projects must be suspended or cancelled per the attached backup and discussed with Council at the November 14th meeting.This budget amendment will allow for us to pay for the necessary repairs that occurred during Hurricane Matthew. The following Funds will have line item adjustments totaling: General Fund 001 -$911,020 Capital Fund 331 -$270,000 W & S Fund 440 -$353,188 R & R Fund 444 -$329,553 Refuse Fund 447 -$346,137 Stormwater 448 -$119,119 IT Fund 501 -$118,000 Fleet Fund 502 -$ 70,000 Total $2,517,017 The above line item transfers will have the line items adjusted placing all available resources placed into an expenditure line item designated for Hurricane Matthew expenses.The overall Fiscal Year 2017 Budget will be decreased by $787,553.This decrease is attributed to a reduction of inter fund transfers between the funds which is required to be approved by Resolution.These reductions are necessary to fund the unexpected cost of Hurricane Matthew damage. BUDGETED ITEM:☐ Yes ☒ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☒ Yes ☐ No ☐ Not Applicable Per Attached Backup RECOMMENDED ACTION: City of Edgewater Printed on 11/23/2016Page 1 of 2 powered by Legistar™ File #:2016-R-43,Version:1 Motion to approve Resolution 2016-R-43 Hurricane Matthew Budget Amendment City of Edgewater Printed on 11/23/2016Page 2 of 2 powered by Legistar™ 1 #2016-R-43 RESOLUTION 2016-R-43 A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, AMENDING THE 2016-2017 FISCAL YEAR BUDGET 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 budget adjustment decreases revenues and expenditures by $787,553 between Funds 331, 444, 501 and 502; and WHEREAS, the budget adjustments will allow the City of Edgewater to adjust the Fiscal Year 2016-2017 budget to allow for Hurricane Matthew expenses. NOW, THEREFORE, be it resolved by the City Council of Edgewater, Florida. Section 1. Amended Budget: The City Council of the City of Edgewater amends the Fiscal Year 2016-2017 budget by a decrease of $787,553 in total. Fund 331 $270,000 Fund 444 $329,553 Fund 501 $118,000 Fund 502 $70,000 Section 2. Effective Date. This Resolution shall become effective immediately upon passage and adoption. 2 #2016-R-43 After motion to approve was made by ___________________________________ with Second by _______________________________________. The vote on this resolution is as follows: AYE NAY Mayor Michael Ignasiak Councilwoman Christine Power Councilwoman Amy Vogt Councilman Daniel Blazi Councilman Gary Conroy PASSED AND DULY ADOPTED this 5th day of December, 2016. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA ______________________________ By:_________________________________ Robin L. Matusick Michael Ignasiak City Clerk / Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire Approved by the City Council of the City of Edgewater at a meeting held on this 5th day of December, 2016 under Agenda Item No. 8___. City Attorney Doran, Sims, Wolfe & Ciocchetti Fund 001 General Hiring Freeze Director of P&R 15,267$ Maintenance Worker (P&R 2)80,000$ Plans Examiner (Building)30,000$ Police Officer (2)96,592$ Clerk (HR)52,000$ Fire Fighter / EMT 35,000$ Equipment Operator (Streets)-$ ROW (Streets)16,000$ Fleet Expenses 70,000$ Service Worker (Median)35,000$ A/C Replacement St 57 16,000$ 60 Inch Mower 12,191$ Zero Turn Mower 23,327$ UTV 12,000$ Z Sprayer 12,373$ Light tower (2)17,270$ Transfer to 331 270,000$ Transfer to 501 118,000$ 911,020$ Fund 331 Capital Projects Park Ave 110,000$ Police Dept Renovations 40,000$ YMCA Improvements 20,000$ Menard May Shoreline 100,000$ 270,000$ Fund 440 Water & Sewer Painting of Tank 10,000$ Tower Fencing 5,000$ Light Tower 8,635$ Transfer to 444 329,553$ 353,188$ Fund 444 R & R SR442 Connector 180,250$ Unspecified Sewer 107,516$ Unspecified Water 41,787$ 329,553$ Fund 447 Refuse Trailer 83,426$ Garbage truck 150,821$ Reserves 111,890$ 346,137$ Fund 448 Light Tower 8,635$ Skid Steer 93,654$ Reserves 16,830$ 119,119$ Fund 501 IT Replacement Radios 118,000$ Fund 502 Fleet Mechanic (Fleet)50,000$ Large truck lift 20,000$ 70,000$ 2,517,017$ Hurricane Matthew City Non-Recoverable Cost City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2016-2157,Version:1 COUNCIL AGENDA ITEM SUBJECT: Approval of Fourth Amended Agreement for Legal Services with Aaron R.Wolfe and Doran,Sims,Wolfe & Ciocchetti DEPARTMENT: City Clerk/Paralegal SUMMARY: The City Attorney’s contract will expire on January 6,2017.The City Attorney requests that the contract be extended for three (3) years and that the hourly rates remain the same. BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☒ No ☐ Not Applicable RECOMMENDED ACTION: Motion to approve the Fourth Amended Agreement for Legal Services and authorize execution of same. City of Edgewater Printed on 11/23/2016Page 1 of 1 powered by Legistar™ (Agreements/CityAttorney-Wolfe -2016) 1 FOURTH AMENDED AND RESTATED AGREEMENT FOR LEGAL SERVICES This AGREEMENT is entered into on the ___ day of December, 2016, between the CITY OF EDGEWATER, FLORIDA, whose mailing address is P.O. Box 100, Edgewater, Florida 32132-0100 (hereinafter referred to as the "CITY"), and DORAN, SIMS, WOLFE & CIOCCHETTI, whose mailing address is P.O. Box 15110, Daytona Beach, Florida 32115 (hereinafter referred to as the “FIRM"). WITNESSETH: WHEREAS, on January 8, 2007, the City entered into an agreement with the law firm of Doran, Wolfe, Ansay & Kundid, n/k/a Doran, Sims, Wolfe & Ciocchetti, to serve as City Attorney for the City of Edgewater; WHEREAS, the Agreement was amended on October 18, 2010 to establish a new commencement date of January 7, 2011 and a term of three (3) years; WHEREAS, on July 13, 2011, the Agreement was amended to reflect a change in attorneys of the FIRM who would be providing legal services to the CITY; WHEREAS, on December 2, 2013, the Agreement was amended to establish a new commencement date of January 7, 2014 with a three (3) year term and to increase the hourly rate to be paid to the FIRM by four percent (4%) in 2015 and by another four percent (4%) in 2016; WHEREAS, the parties wish to amend the Agreement to establish a new commencement date of January 7, 2017, with a three (3) year term. NOW THEREFORE, in consideration of the foregoing and the mutual obligations contained herein, the CITY and the FIRM agree as follows: 1. The CITY does hereby retain the FIRM for the purpose of providing legal representation to the CITY as City Attorney. The services rendered under this Agreement are personal to the FIRM and may not be assigned, either directly or indirectly, to any other person or law firm. 2. The FIRM will provide representation and counsel to the CITY for legal services through its attorneys in the FIRM, including but not limited to, Aaron R. Wolfe, Michael Ciocchetti, Theodore R. Doran, and Larry Sims. Aaron R. Wolfe will be the primary attorney contact between the FIRM and the CITY and will be designated as City Attorney for the City of Edgewater. Other attorneys in the FIRM providing legal services may be designated as Assistant City Attorney. Services may include, but are not limited to: (Agreements/CityAttorney-Wolfe -2016) 2 a. attendance at City Council meetings, work sessions, executive sessions, and budget hearings upon the request of the City Council/City Administration; b. review and legal research and analysis of City Council agenda, resolutions, ordinances, memoranda, opinions, and representations of the CITY; c. review of comprehensive plan amendments, re-zonings, and development agreements as needed; d. preparation of oral or written opinions on legal matters as required by the City Council and/or City Manager; e. review and comment on contract form(s) between the CITY and independent contractors; f. participation in meetings and/or telephone conferences with the City Manager and/or City Staff as designated by the City Manager, and the provision of legal counsel, as requested; g. keeping the City Council and the City Manager informed of legislation or judicial opinions that have potential to impact the CITY; h. providing legal representation and defense to legal challenges to the CITY's ordinances, if not provided by special counsel; and i. performance of other professional duties as may be required. 3. For matters on which the Firm provides services to the CITY, the Firm shall be compensated for the costs and services at the rates set forth in the Compensation Proposal attached hereto as Exhibit “A” and incorporated by reference. On or before June 30th of each year, the CITY shall review the Compensation Proposal and determine whether any adjustments shall be made. If adjustments are approved, said rates shall become effective on October 1st of the new fiscal year. The FIRM agrees to keep and maintain accurate time records showing the time expended by each of its attorneys in representing the CITY under this Agreement. The FIRM will detail on its billing statements specific billing entries on a daily basis showing, at a minimum: legal matter or project reference, invoice number for the particular bill, law firm taxpayer identification number, statement billing period, itemization of the date; hours billed; a concise, meaningful description of the services rendered, with sufficient detail to enable the City to evaluate the services rendered and costs; the person(s) who performed the services for each day during which the Law Firm performed work; and the hourly rate for each attorney or paralegal, a listing of all costs to be reimbursed, and the total of the current bill. A summary of all monthly invoices will also be provided which sets forth the fees and costs for each matter. The minimum billing increment shall be one-tenth of an hour. (Agreements/CityAttorney-Wolfe -2016) 3 The CITY will reimburse the FIRM for the following expenses incurred by it in the conduct of legal services on behalf of the CITY: overnight delivery, travel expenses for travel outside of Volusia County (all travel, lodging, and meals shall be at rates allowed to public employees under City rules and regulations), court reporters’ fees, transcripts, court filing fees, and process service charges, and on-line research costs all without mark-up or multiplier. All invoices submitted for such reimbursements shall contain complete and detailed information supported by appropriate receipts as to the item or charge sought to be reimbursed. The FIRM agrees to submit billing statements to the CITY paralegal at the address set forth herein for the FIRM’s fees, costs, and/or expenses on a monthly basis not later than the fifteenth day of the following month. The CITY agrees to pay each monthly bill within 30 days of receipt. If the CITY has any disagreement about the amount billed, the CITY agrees to advise the FIRM in writing within ten (10) day of receipt of the billing statement. 4. This Agreement shall commence on January 7, 2017 for a term of three (3) years. Both the CITY, upon the vote of the majority of the City Council, and the FIRM reserve the right to terminate this Agreement without cause upon thirty (30) days written notice. 5. The FIRM will make affirmative efforts to achieve cost effectiveness by utilizing and coordinating work with the CITY’s paralegal, limiting travel, using established and acceptable forms, using the appropriate level of attorney or staff experience required for each task, and taking other actions to improve efficiency. 6. The FIRM assures the CITY that it possesses the knowledge and experience relating to the practice of municipal law and the areas in which it has been engaged to provide representation to the CITY. The FIRM assures the CITY of the highest quality of professional services in representing the CITY and the FIRM further agrees to accept no employment which would result in a conflict of interest. 7. In the performance of legal services hereunder, the FIRM is an independent contractor. The assigned attorneys shall not be considered employees, agents or servants of the CITY. The FIRM and assigned attorneys do not have the power or authority to bind the CITY in any promise, agreement or representation other than as specifically provided in this Agreement. 8. This Agreement constitutes the entire agreement concerning employment arrangements between the FIRM and the CITY. This Agreement may not be changed except in writing and as signed by the authorized representatives of the FIRM and the CITY. 9. In the event that any term, paragraph, or provision of this Agreement or its application to any circumstances shall be deemed invalid or unenforceable, the remainder of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (Agreements/CityAttorney-Wolfe -2016) 4 10. This Agreement shall be governed by and construed under the laws of the State of Florida. LAW FIRM: DORAN, SIMS, WOLFE & CIOCCHETTI ______________________________ _____________________________________ Witness Aaron R. Wolfe Partner ______________________________ Witness Dated:________________________________ CITY: ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA ____________________________ By: ___________________________ Robin L. Matusick Michael Ignasiak City Clerk/Paralegal Mayor Approved by the City Council during the Council meeting held on the ___ day of December, 2016 under Agenda Item______. City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2016-2194,Version:1 COUNCIL AGENDA ITEM SUBJECT: Extending Resolution No.2016-R-37,suspending certain local building regulations under emergency conditions. DEPARTMENT:Development Services SUMMARY: A state of emergency was issued by Governor Scott on October 4,2016 due to Hurricane Matthew.Due to the damage caused by the storm City Council approved Resolution No.2016-R-37 deferring certain building regulations,fees and procedures for a period of sixty (60)days.Subsequent to the City of Edgewater adopting said Resolution other jurisdictions in Volusia County adopted similar Resolutions with an expiration of December 31,2016.In an effort to be consistent throughout the County Staff is recommending Resolution No. 2016-R-37 be extended until December 31, 2016. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to extend Resolution No. 2016-R-37 until December 31, 2016. City of Edgewater Printed on 11/23/2016Page 1 of 1 powered by Legistar™ EMERGENCY RESOLUTION NO.2016-R-37 AN EMERGENCY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY, AND SUSPENDING CERTAIN LOCAL BUILDING REGULATIONS UNDER EMERGENCY CONDITIONS. WHEREAS, a State of Emergency in the City of Edgewater was proclaimed by GOVERNOR RICK SCOTT on OCTOBER 4,2016 due to HURRICANE MATTHEW; and WHEREAS, HURRICANE MATTHEW has caused extensive damage to public and private property within the City of Edgewater;and WHEREAS, the expeditious restoration of property to pre-existing conditions is vital to enable the re-establishment of shelter for residents,businesses and public activities; and WHEREAS, adherence to certain local established building regulations and procedures can delay the process of restoring properties to conditions existing prior to the emergency; and WHEREAS, Chapter 8 of the City of Edgewater Code of Ordinances authorizes the suspension of local building regulations during a state of emergency. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA,AS FOLLOWS: Section 1. A declaration of a State of Emergency proclaimed on OCTOBER 4, 2016 is hereby confirmed. Section 2. HURRICANE MATTHEW has caused damage to numerous properties rendering them unsafe or marginally habitable forcing residents from their residences and business and commercial activities to remain closed. Section 3. The following deferral of certain building regulations, fees and procedures shall remain in effect for sixty(60) days: Permit fees for hurricane-related work shall be waived for sixty(60) days beginning Monday,Oct. 10, 2016; Tree removal permits for storm damaged tree removal shall be suspended for sixty(60)days beginning Monday,Oct. 10, 2016; Temporary sign permit fees shall be waived and issued for storm related destroyed/damaged or otherwise illegible signs for sixty (60) days beginning Monday, Oct. 10,2016; The City Council shall have the option to extend this Resolution for an additional sixty (60) days if authorized prior to the expiration of this Resolution. 2016-R-37 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2016-2206,Version:1 ITEM DESCRIPTION: Stefan Hoyer,agent for Mission Oaks LLC,is requesting an amendment and restatement of the existing Planned Unit Development (PUD) Agreement for the Oakwood Cove development. OWNER:Mission Oaks LLC REQUESTED ACTION:Amendment and restatement of the existing PUD Agreement for the Oakwood Cove development LOCATION:East of Old Mission Road, north of Mission Oaks Condominium and south of Josephine Street AREA:110.66± Acres PROPOSED USE: Single family residential CURRENT LAND USE: Vacant FLUM DESIGNATION: Medium Density Residential with Conservation Overlay and Conservation ZONING DISTRICT:RPUD VOTING DISTRICT: 1 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Vacant, Mobile Homes Volusia County - Environmental Systems Corridor, Urban High Intensity, and Urban Medium Intensity Volusia County - MH-2 (Mobile Home & Recreation Park), MH-5 (Urban Mobile Home), and RC (Resource Corridor) East Vacant, Mobile Homes, Single Family Residential Volusia County - Environmental Systems Corridor, Urban Medium Intensity, and Urban Low Intensity Volusia County- R-3 (Urban Single Family Residential), MH-5 (Urban Mobile Home), and RC (Resource Corridor) South Vacant and Single Family Residential Volusia County - Environmental Systems Corridor, Low Impact Urban City of Edgewater Low Density Residential (LDR) with Conservation Overlay Volusia County - MH-5 (Urban Mobile Home), RC (Resource Corridor) City of Edgewater - Residential Planned Unit Development (RPUD) West Vacant, Single Family Residential, Mobile Home and Campground Volusia County- Urban Medium Intensity and Low Impact Urban Volusia County - R-4 (Urban Single Family Residential), MH-2 (Mobile Home & Recreation Park), Mobile Home Park (MH-7) and Resource Corridor (RC) City of Edgewater Printed on 11/23/2016Page 1 of 2 powered by Legistar™ File #:AR-2016-2206,Version:1 Background:The original PUD Agreement for this property was executed in January 2009.The amendments proposed include,but are not limited to: ·Establishing the current owners of the property; ·Revised street and lot layout to better incorporate environmental aspects of the property; ·Reduce access points to the development from two (2) to one (1); ·Eliminate the private/gated roads and dedicate said roads to the public; ·Provide a recreational area for residents. Land Use Compatibility:The proposed residential subdivision is compatible with the surrounding residential areas as well as the RPUD designation. Adequate Public Facilities:The developer shall be required to install all infrastructure;which includes but is not limited to water, sewer, streets, sidewalks and piping for future reclaimed services. Comprehensive Plan Consistency:Per Table III-1 of the Land Development Code the proposed RPUD (Residential Planned Unit Development)zoning district is compatible with the existing Medium Density Residential with Conservation Overlay and Conservation Future Land Use designation. RECOMMENDED ACTION Motion to approve the amendment and restatement of the existing PUD Agreement for the Oakwood Cove development. City of Edgewater Printed on 11/23/2016Page 2 of 2 powered by Legistar™ Page | 1 Oakwood Cove 11-2016 Revision 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 EDGEW A TER P.O. Box 100 Edgewater, FL 32132-0100 For Recording Purposes Only AMENDED AND RESTATED PUD AGREEMENT OAKWOOD COVE THIS AGREEMENT is made and entered into this day of , 2016 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 A.S.D. Properties Management, LLCMission Oaks, LLC, owner, whose address is 333 W. Marion Avenue, Edgewater, Florida 32132485 Glenridge Road, Key Biscane, FL 33149 1410 20th St. Suite 214, Miami Beach, FL 33139111 SW 3rd Street, PH, Miami, FL 33130 (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. The original Planned Unit Development (PUD) Agreement was entered into on January 5, 2009 and recorded on February 19, 2009 in OR Book 6324, Pages 4423 through 4450 of the Public Records of Volusia County, Florida. 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 110± acres located east of Old Mission Road and north of Mission Oaks in Edgewater, Volusia County, Florida. The legal description of the property is attached hereto as Exhibit "A" Legal Description. The Record owner of the subject property is A.S.D. Properties Management, LLC. Page | 2 Oakwood Cove 11-2016 Revision 2. VESTED RIGHTS On January 7, 2008, the City Council determined the Developer to have vested rights. Accordingly, the rules, regulations and provisions of the City's Land Development Code in place on or about September 10, 2006 shall apply. Any and all vested rights granted to Developer shall remain in place so long as this Agreement shall be in full force and effect and shall lapse in the event this Agreement is terminated or revoked. This Agreement may be terminated or revoked solely under those limited circumstances specifically set forth herein and only for just cause following Developer's failure to cure a material breach of such specific provisions after receiving written notice and a reasonable opportunity to cure such breach from the City. 3. DURATION OF AGREEMENT The duration of this Agreement shall be perpetual and run with the land. The Developer shall commence construction of Oakwood Cove, as defined by the Master Plan, dated June 4, 2008 (Exhibit "B" included herein), within twenty four (24) months of the effective date of this Agreementno later than JanuaryJuly 5, 2018. Developer's failure to initiate construction within twenty four (24) months by JanuaryJuly 5, 2018 may result in the City's termination of the Agreement. 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. The City, at its sole option, may extend the duration of this Agreement. This development must be consistent with the Master Plan and must be approved by City Council prior to commencement of any authorized work. Final approval shall include, but not be limited to utilities, stormwater, traffic, fire rescue, hydrants, law enforcement, environmental, solid waste containment, and planning elements. 4. 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, as described in Paragraph 2 Page | 3 Oakwood Cove 11-2016 Revision above. The Developer further agrees that all development will be consistent with the Oakwood Cove Master Plan dated June 4March 11, 2008 2016 (Exhibit "8B"). Oakwood Cove shall be developed consistent with the City's single-family development procedures. Final project approval may be subject to change based upon final environmental, permitting, and planning considerations. Use of the property will be as follows: A. Average Lot Size Unit Count Oakwood Cove shall not exceed a total of 135 single-family dwelling units. The 135 single- family lots are planned to be a minimum of 50' x 95' or greater. Based on the Final Subdivision Plan approval, the total number of units may vary but the maximum residential units allowed for Oakwood Cove shall not exceed 1.35 gross dwelling units per total acreage or a total of 135 units. No lot will exceed a maximum building coverage of 35% with a maximum impervious coverage of 65% per lot. Minimum Lot Size: Area - 4,750 square feet Width -50 feet Depth – 95 feet B. Minimum House Square Footage The minimum gross house square footage shall be at least 960 square feet living area under air, with a minimum of a two car garage. cCarports will not be allowed. C. Minimum Yard Size and Setbacks: Front -20' Rear - 10' Side - 7.55' Side Comer - 7.5' Maximum Height -35' Utility Easements -5' front, 7.55' sides 5’ Drainage and Utility Easements shall be provided along side lot lines (10’ total with adjacent lot). D. Roads Page | 4 Oakwood Cove 11-2016 Revision Roads within Oakwood Cove will have a minimum right-of-way of fifty-feet (50') with twenty feet (20') of pavement and a two-foot (2') curb on one side of the road and a six-inch (6") curb on the otherconstructed pursuant to the City’s Standard Details. All roadways within Oakwood Cove will be private and gated. All gates shall conform to the requirements of Section 21-215 of the City of Edgewater Land Development Code. Utilities shall be dedicated to the City of Edgewater. Said roads shall be dedicated to the public subsequent to final City inspections and by a final plat. E. Stormwater Management The retention pond(s) will meet the requirements for the St. Johns River Water Management District and the City of Edgewater Land Development Code (LDC). The pond(s) are approximately 6± acres and will be owned and maintained by the HOA. Developer is required to provide and outfall to a publicly owned drainage conveyance system, and obtain an off-site drainage easement if necessary. The Developer shall meet all requirements pertaining to flood plain development standards as defined in the LDC. The Developer shall install a 2' high berm within the 15' buffer on the south side of the property. F. Signage Any signage shall meet the current City of Edgewater Land Development Code. G. Trees Single-family lots shall have a minimum of two (2) trees per lot. All other City and County minimum tree protection standards shall be satisfied for this subdivision development. H. Entrance to Subdivision Two (2)One (1) entrances, per master plan, shall be permitted for accessing the development from Old Mission Road. An access for emergency purposesvehicles shall be provided to the development with approval by the City Fire Marshal. AccesAccess is available through a non-exclusive ingress, egress and utilities easement near the south east corner of the property, adjoining Ocuan Trail. I. Model Homes and Temporary Offices Lots 1, 2, 15 and 102Six (6) lots shall be are designated for use as potential model home or temporary sales office lots. A model home may be used as a sales office from the time the plat is recorded until such time as the last lot is developed within the subdivision. Temporary structures, such as trailers, recreational vehicles, and the like may be permitted as a temporary Page | 5 Oakwood Cove 11-2016 Revision sales office while a model home is under construction. Such temporary offices shall only be permitted for an interim period not to exceed sixty (60) days or until completion of the first model home, whichever occurs first. Model home construction prior to plat recording shall only be allowed upon compliance with the following requirements: a) Provision for fire protection, including testing and approval of the water system by the Florida Department of Environmental Protection (FDEP), if on-site hydrants are required to service the area where the proposed models will be constructed. b) Construction of access roads to the model home sites prior to building permit issuance, to the extent necessary to allow sufficient access by City vehicles for inspections. c) Permanent utility connections cannot be made until the sanitary sewer system has been completed and certified to FDEP. c)d) Any Sales Center shall provide handicap accessible restrooms. Additional requirements, restrictions and conditions may be imposed by the City to address specific site or project concerns. A certificate of completion issued as provided in the Standard Building Code shall be deemed to authorize limited occupancy of model homes. Flags or insignias which read "model", "open", "open house" or any other phrase which identifies property for real estate purposes may be displayed in the following locations and numbers. The maximum height of such flags shall be eight feet (8') with a maximum size of fifteen (15) square feet. The number of flags shall not exceed four (4) J. Declaration of Covenants. Conditions and Restrictions The Declaration of Covenants, Conditions and Restrictions; Articles of Incorporation, and By-Laws for the Homeowners Association will be recorded in the public records of Volusia County at the time the final plat for Oakwood Cove is recorded. K. Permitted Commercial/Retail Uses for Northern ParcelUndeveloped Upland Area Notwithstanding anything in the Agreement to the contrary, the northern portionundeveloped upland area of the property described on Exhibit "CB" attached hereto (the "Northern Parcel"), shall may be developed for future residential use. or anyone or more of the following permitted commercial/retail uses and/or any uses compatible with Zoning District "B- 2" as established under the City's Land Development Code:  Financial, Banking and Investment Institution; Page | 6 Oakwood Cove 11-2016 Revision  Gas/Service Station;  Convenience Store;  Retail;  Professional Offices;  Studios;  Restaurant;  Personal Service Facilities;  Public Buildings and Government Offices;  Recreation and Entertainment;  Laboratory/Clinic;  Toys/Sporting Goods;  Courier Service;  Hardware/Paint/Wallpaper Stores;  Office Supply;  Car Wash;  Day Care Center;  Pharmacy;  Realtor;  Insurance Sales Office;  Health/Fitness Facilities;  Liquor Store;  Churches/Places of Worship;  . Medical/Dentist Office;  . Furniture Store;  . Eating and Drinking establishments;  . Computer sales/services;  . Beauty/Barber Shop;  . Dance Studio;  . Telecommunication towers/antennas;  . Animal/Veterinary Hospital; Page | 7 Oakwood Cove 11-2016 Revision  . Retail Laundry/Dry Cleaning;  . Night Club/Lounge/Bar;  . Pool Hall/Billiards;  . Shopping Center;  . Theater;  . Schools;  . RV & Boat Storage; and  . Arcades. If the Northern Parcel is developed for commercial/retail uses, the setbacks and height restrictions and other requirements for the Northern Parcel shall be as follows: 1. Intensity - The commercial/retail development shall not exceed a total of 58,500 square feet (500 square feet per dwelling unit). 2. Building Height - The maximum building height for the commercial/retail buildings shall not exceed 35 feet measured from the finished floor elevation to the peak of the roof. 3. Maximum Impervious Coverage - The impervious coverage for the commercial/retail development shall not exceed seventy five percent (75%). 4. Setbacks - The setbacks for the commercial/retail development shall be 40 feet in the front, 20 feet in the rear, and 10 feet on each side. 5. Minimum Lot Size - The minimum lot width for the commercial/retail development shall be 80 feet. The minimum lot depth for the commercial/retail development shall be 125 feet. 5. FUTURE LAND USE AND ZONING DESIGNATION The Future Land Use designation for Oakwood Cove is Medium Density Residential with Conservation Overlay and Conservation. The zoning designation for Oakwood Cove shall be RPUD (Residential Planned Unit Development) as defined in the City Land Development Code. The City of Edgewater's permitted uses for RPUD (Residential Planned Unit Development) are applicable to the development of the property and consistent with the adopted Comprehensive Plan/Future Land Use Map. Page | 8 Oakwood Cove 11-2016 Revision 6. 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 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 platting. 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 installed by the Developer and 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 platting. C. The City has determined that reclaimed water may be available in the future. Therefore, the developer shall install reclaimed piping in anticipation of said services. D. Developer agrees to provide on and off site current and future utility and drainage easements for drainage and utility service consistent with this provision. E. All electrical utility services will be underground. F. Roadway improvements and all associated right-of-ways shall be dedicated to the Oakwood Cove Homeowners Associationpublic at the time off final plat approval and City inspection approval; provided, however, if the Northern Parcel is developed for commercial/retail uses, the roadway improvements and all associated right-of-ways in the Northern Parcel shall be dedicated to the Oakwood Cove Commercial Owner's Associationpublic. G. Off-site improvements (including but not limited to intersection improvements, turn lanes, acceleration lanes, deceleration lanes, signalizationand signalization) are the Developer's responsibility and shall meet all City, County and/or State requirements and approval. H. Impact fees for each dwelling unit will be paid in accordance with the following schedule: 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 (I) year. 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 Page | 9 Oakwood Cove 11-2016 Revision reserving requisite sewer capacity. A minimum sewer charge shall be applied to each E.R.U. reserved and not connected within one (l) year. Police, Fire, Recreation - Paid to City by applicant at the time of Building Permit application. Roads - Paid to City by applicant at the time of Building Permit Application. Volusia County Impact fees for Roads and Schools (if deemed applicable by the Volusia County School District) - Paid at City Hall by applicant to include, but not be limited to, local road impact fee, County road impact fee, 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. I. All infrastructure facilities and improvements shall be constructed in compliance with applicable federal, state, and local standards. J. A concurrency review shall be conducted to ensure that all required public facilities are available concurrent with the impacts of the development. K. Developer agrees to reimburse the City of Edgewater for direct costs associated with the legal review, engineering review and construction inspection related to the Oakwood Cove development approval and the construction of required infrastructure improvements and the review and approval of the final plat. L. 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. Piping for future reclaimed service 4.5.Provide all required pavement marking and signage (stop signs, road signs, etc.) within the Subdivision. All signage shall comply with Florida Department of Transportation (FOOT) standards. 5.6.Developer is responsible for costs of recording the plat upon approval by the City of Edgewater. Page | 10 Oakwood Cove 11-2016 Revision 6.7.Bonds - A Performance Bond may be accepted by the City and shall be 110% of the costs of all remaining required improvements. A Maintenance Bond equal to 10% of the cost of the infrastructure improvements shall be provided to the City prior to recording of the Final Plat. The Maintenance Bond shall be in effect for a two (2) year period. 7.8.Sidewalks shall be constructed on one side of the street/roadways, along all common areas and have a minimum width of four five feet (4'5') and shall be constructed on each building lot prior to issuance of a Certificate of Occupancy on said building lot. Sidewalks along common areas shall be constructed and approved by the City prior to issuance of the first Certificate of Occupancy for the development. Developer shall provide a bond or surety in a form acceptable to the City in the amount of $10.00 per lineal foot for two (2) years. If sidewalks are not completed within two (2) years, the Developer will install the remaining sidewalks 8.9.Streetlights shall be reflected in the Declaration of Covenants and Restrictions, and maintained by the Homeowners Association or the Commercial Association, as applicable, and be installed by the Developer, pursuant to LDC standards at time of installation of the infrastructure or prior to the Certificate of Occupancy issuance for the first dwelling unit. M. Recreational Facilities No recreational facilities are planned at this time.A minimum of one (1) open space recreational area will be provided to serve the residents. Any physical improvements to the open space recreational area will be the responsibility of the home owner’s association. 7. 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. 8. DEDICATION OF LAND FOR PUBLIC PURPOSES Page | 11 Oakwood Cove 11-2016 Revision The Developer shall convey to the Oakwood Cove Homeowners Association or the Commercial Association, as applicable, by warranty deed and title insurance free and clear of all liens and encumbrances, all roadway right of ways and all utility easements as required. Oakwood Cove has designated 27.5 acres as oOpen space and/or common areas shall, to be dedicated and maintained by the HOA. Natural Preservation Areas and/or Conservation Easements/Areas shall be dedicated to the St. Johns River Water Management District and the City of Edgewater. 9. PERMITS REQUIRED The Developer will obtain required development permits or letters of exemption. Permits may include but not be limited to the following: 1. County of Volusia, 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 - Rezoning, Subdivision Plat approval, Subdivision Construction Plan approval, all applicable clearing, removal, construction and building permits. 3. This site may require a Volusia County Environmental Permit. 4. 100 year flood elevation for this site is 6.2-feet minimum finished floor elevation shall be 7.2- feet. 10. DEVELOPMENT REQUIREMENTS Developer shall establish a mandatory HOA for the purpose of maintaining the property and enforcing applicable covenants and restrictions. The mandatory HOA will also be responsible for the streetlight requirements that result from the project including payment to the native electric utility provider for installation, maintenance and power consumption, and the maintenance of the stormwater areas, retention areas, all common areas and any designated easement areas within the Oakwood Cove Subdivision, common area tracts as depicted on the plat. The HOA documents, including applicable articles of incorporation; covenants and restrictions; and by-laws shall be reviewed and approved by the City prior to final plat approval. Page | 12 Oakwood Cove 11-2016 Revision 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. 11. 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. 12. 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. 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. 13. 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. 14. 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. 15. RECORDING Page | 13 Oakwood Cove 11-2016 Revision 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. 16. PERIODIC REVIEW The City shall review the development subject to this Agreement every 12-months, commencing 12-months after the date of this Agreement to determine if there has been good faith compliance with the terms of this Agreement. If the City finds on the basis 00 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. 17. APPLICABLE LAW This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. 18. TIME OF THE ESSENCE Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in the Agreement. 19. 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. 20. FURTHER DOCUMENTATION Page | 14 Oakwood Cove 11-2016 Revision 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. Page | 15 Oakwood Cove 11-2016 Revision 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 Witnessed by Stefan Hoyer, applicant Mission Oaks, LLC Signed, sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me on this day of , 2016 by and who is personally known to me or has produced as identification and who did (did not) take an oath. Notary Public Stamp/Seal Page | 16 Oakwood Cove 11-2016 Revision EXHIBIT “A” LEGAL DESCRIPTION The following described real property all lying and being in the County of Volusia and State of Florida. LEGAL DESCRIPTION (OR BOOK 2450, PG 1863) PARCEL A: The following land in Volusia County, Florida: All of Block “D” except Lot 2 West of Canal and North of Road; that part of Lot 1, Block “E” lying South of Road, except that portion described as follows: Beginning at the Southwesterly corner of said Lot 1, Block “E”, thence Northerly along the Westerly line of said Lot, a distance of 325 feet to the Point of Intersection of the West line of Lot 1 with the County Road; thence Northerly along County Road a distance of 225 feet; thence Southeasterly 575 feet more or less to the Southeasterly corner of said Lot; thence Westerly along Southerly line to the Point of Beginning, all being situated in the JAMES LUPE SUBDIVISION, per Map Book 2, page 33, Public Records of Volusia County, Florida. ALSO: That part of Lot 5 of the middle 1/3 of the AMBROSE HULL GRANT, according to the map in Map Book 1, Paged 141, described as follows: Beginning at the Southeast corner of Block “D” of JAMES LUPE’S SUBDIVISION of the AMBROSE HULL GRANT, thence Southerly on a line being the extension of the East line of Block “D”, a distance of 220 feet; thence Westerly to the Southwest corner of said Block “D”; thence Easterly along the South line of said Block “D” to the Point of Beginning, except that part described as follows: Property in Block “D” of the JAMES LUPE SUBDIVISION, per Map Book 2, Page 33, Public Records of Volusia County, Florida, described as follows: Commence at the SE corner of Block “D” of JAMES LUPE SUBDIVISION; thence Southerly on a line being the extension of the East line of Block “D”, a distance of 220.1 feet; thence South 67°22' West 1223.6 feet; thence North 76°32' West 352.26 feet; thence North 22°46'20" East 735.77 feet; thence South 67°13'40" East 277.66 feet; thence South 22°46'20" West 55 feet; thence South 17E20'40" East 10 feet for the Point of Beginning; thence South 17°20'40" East 225 feet; thence South 72°39'20" West 133.33 feet; thence North 17°20'40" West 225 feet; thence North 72°39'20" East 133.33 feet to the Point of Beginning. Page | 17 Oakwood Cove 11-2016 Revision TOGETHER WITH: LEGAL DESCRIPTION (OR BOOK 2476, PG 1012) PARCEL “A”: A parcel of land in the middle of 3rd of the AMBROSE HULL GRANT, (said Middle 3rd lying and being in Section 44, T-17-S; R-33-E and Section 53, T-17-S; R-34-E) and described as follows: Commence at the Northeast corner of said Middle 3rd; thence Southerly along the East line of the HULL GRANT 1631.6 feet for the Point of Beginning; thence S 23°30' E, 1531.52 feet along the Easterly line of HULL GRANT; thence S 64°42' W. 2331.76 feet; thence N 13°26'30" E, 1806.24 feet; thence N 4°13' W, 69.25 feet; thence N 65°50' E, 1223.63 feet to the Point of Beginning, Containing 61.56 acres more or less and all being in said AMBROSE HULL GANT; PARCEL “B”: A parcel of land in the Middle Third of the AMBROSE HULL GRANT, said Middle Third lying and begin in Section 44, Township 17 South, Range 33 East and Section 53, Township 17 South, Range 34 East and described as follows: Commence at the Northeasterly corner of said Middle Third, thence Southerly along the Easterly line of the AMBROSE HULL GRANT, 1631.6 feet, thence South 65°50' West, 1223.63 feet for the Point of Beginning of the description, thence S 4°13' E, 69.25 feet; thence N 76°E36' W, 556.56 feet to the Mission Road (Old Turnbull Hammock Road) thence with the said Road N 22°22' E 66.82 feet, thence S 76°36' E, 525.49 feet to the Point of Beginning of this description. Subject to an easement over Parcel “B” for road purposes. PARCEL “C”: A portion of Block “E” and a portion of Block “F”, LOVEJOY’S 2ND SUBDIVISION in the Middle 3rd of the AMBROSE HULL GRANT, according to the plat thereof as recorded in Map Book 8, Page 125, of the Public Records of Volusia County, Florida, being described as follows: Commence at the Southeasterly corner of Block “F”, said LOVEJOY’S 2ND SUBDIVISION; thence North 1°00'00" West, along the Easterly line of said Block “F”, a distance of 1300.00 feet; thence South 69E12'53" West, a distance of 1548.04 feet for the Point of Beginning; thence South 21°00'00" East, a distance of 281.30 feet; thence South 69°12'53" West, a distance of 1548.14 feet; thence North 21°01'46" West, a distance of 281.30 feet; thence North 69°12'53" East, a distance of 1548.29 feet to the Point of Beginning. Subject to an together with a 30 foot easement for ingress/egress and utilities described as follows: A portion of Block “E” and a portion of Block “F”, LOVEJOY’S 2ND SUBDIVISION in the Middle 3rd of the AMBROSE HULL GRANT, according to the plat thereof as recorded in Map Book 8, Page 125, of the Public Records of Volusia County, Florida being described as follows: Commence at the Southeasterly corner of Block “F”, said LOVEJOY’S 2ND Page | 18 Oakwood Cove 11-2016 Revision SUBDIVISION; thence North 21°00'00" West, along the Easterly line of said Block “F”, a distance of 1300 feet; thence South 69°12'53" West, a distance of 1548.04 feet; thence South 21°00'00" East, a distance of 125.65 feet for the Point of Beginning; thence continue South 21°00'00" East, a distance of 30.00 feet; thence South 69°12'53" West, a distance of 12.54 feet; thence North 65°47'07" West, a distance of 177.69 feet; thence South 69°12'53" West, a distance of 1631.58 feet to the Easterly line of Old Mission Road, as now occupied; thence North 02°26'47" West, along said Easterly line of Old Mission Road, a distance of 31.61 feet; thence North 69°13'32" East, a distance of 1634.07 feet; thence South 65E47'07" East, a distance of 177.69 feet to the Point of Beginning. Containing 110.66 + acres more or less. Page | 19 Oakwood Cove 11-2016 Revision EXHIBIT “B” MASTER PLAN City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2016-2208,Version:1 COUNCIL AGENDA ITEM SUBJECT: Whistle Stop Park Conceptual Design DEPARTMENT: Parks & Recreation SUMMARY: On March 15,2016 the Edgewater voters approved the General Obligation (GO)Bond Referendum.This affirmative vote allows the City to issue up to $3.5 million in GO bonds and to renovate,replace and modernize aging park facilities such as Whistle Stop Park. The City of Edgewater conducted a public survey on July 23,2016 regarding current and future facilities at Whistle Stop Park.Improvements proposed for Whistle Stop Park include a large covered all-inclusive playground area, splash park, upgrade skate park, dog park, senior fitness area and a paved walking trail. The Recreation &Cultural Services Board submits DMC's revised conceptual plan for Whistle Stop Park's renovation based on the Bond Referendum and Public Survey to City Council for their review and approval. Once the conceptual plan is approved,DMC the engineer of record will complete the design specifications and submit all required permits to the associated agencies for approval. BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☒ No ☐ Not Applicable RECOMMENDED ACTION: Motion to approve the conceptual plan for Whistle Stop Park renovations. City of Edgewater Printed on 11/23/2016Page 1 of 1 powered by Legistar™ 5-11-16 WHISTLE STOP TIMELINE November 16, 2015 Review GO Bond Ballot Language December 7, 2015  Approve GO Bond Ballot Referendum  Reimbursement Resolution Approved by Council (This allows all cost incurred to be reimbursed) March 15, 2016 Tentative Voter Approval of GO Bond Issuance (APPROVED) May 6, 2016 Issue RFQ for Design Engineer – Malecia via Pat (COMPLETED) June 7, 2016 - 2 PM Qualification Opening Date –Pat (COMPLETED) June 16, 2016 – 10 AM Evaluation Committee Selects Firms to Present (Evaluation Committee- Harris, King, Coslow, DeRosier & Mullins) (COMPLETED) June 20, 2016 – 9 AM Firms do Presentation before Committee (COMPLETED) June 21-28, 2016 Evaluation Committee do site visits of presenting firms previous projects/reference checks (COMPLETED) June 29, 2016 – 9AM Selection Committee Meets to Select Recommended Firm (COMPLETED) July 18, 2016 Council selects Design Engineer – Pat does CAR by 7/6 (COMPLETED) July 23, 216 – 9:30 AM Public Workshop Open to the Public for Park Design – (COMPLETED) Week of Aug. 1st City Staff, Design Firm and Recreation Bd. discuss findings from Public Workshop to design Park –Malecia does meeting calendar (COMPLETED) Week of Sept. 5th City Staff and Recreation Bd. Review Preliminary Design Plans Week of Oct. 3rd City Staff and Recreation Bd. Review Final Design Plans Week of Oct. 24th If Required – Final Meeting for any Additional Amendments November 7, 2016 (Workshop) - City Council Reviews Preliminary Park Design – November 8-23 City Staff and Recreation Bd. Meet make any final amendments - ACM December 5, 2016 City Council approves final Whistle Stop Park Design - ACM does CAR by 11/21 December 6, 2016 Engineer submits plans to St Johns Water Management District for Approval – Up to 6 months May 2017 Issue RFQ for Construction Contractor - via Pat May 2017 Issue RFP for Bank Selection GO Bond August 2017- Finance Council selects Bank for GO Bond Issuance - ACM Council select Contractor GO Bond Closing September 2017 Notice to proceed issued January 2017 Resolution Approved for Voter GO Parks Bond millage rate June 2018 Whistle Stop Grand Opening Revised Concept 0’ 100’ 200’ 400’ Revised Concept Splash Park Event Park Stage Main Entrance Existing Baseball Field Tent Sites with Electrical Hook Ups Tennis and Sand Volleyball Courts Proposed Parking Overflow Parking Dog Park Walking Trail Proposed Retention Area Playground and Shade Cover Senior Fitness Areas Skate Park Drop Off and Flagpole Promenade Overflow Parking 0’ 100’ 200’ 400’ Proposed Parking Entry Gateway (see enlargement, next page) Tent Sites with Electrical Hook Ups Green Space and Fountain Overflow Parking Restroom Restroom Restroom Proposed Retention Area Farmers Market Stalls Proposed Roundabout Maintenance Shed Entry Gateway Racquetball Courts Revised Concept | Entry Gateway Enlargement Train “Trestle” Entry Columns; approximately 12’ tall, black aluminum 0’ 100’ 200’ 400’ Whistle Stop Park entry sign LED lights, integral strip light in arch City of Edgewater seal, ~18”, both sides, bronze Brick bases with precast concrete cap; approximately 30”-36” tall Color change LED lights, inset in ground or at base of brick City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2016-2211,Version:1 COUNCIL AGENDA ITEM SUBJECT: Appoint Vice-Mayor DEPARTMENT: City Clerk/Paralegal SUMMARY: Pursuant to the City Charter,at the first council meeting after each regular city election,the council shall elect one of its members as vice-mayor.The vice-mayor shall act as mayor during the absence or disability of the mayor. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Members of council to nominate and appoint a Vice-Mayor. City of Edgewater Printed on 11/23/2016Page 1 of 1 powered by Legistar™