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04-02-2018City Council City of Edgewater Meeting Agenda 104 N. Riverside Drive Edgewater, FL 32132 Michael Ignasiak, Mayor Christine Power, District 1 Amy Vogt, District 2 Dan Blazi, District 3 Gary T. Conroy, District 4 Council Chambers6:30 PMMonday, April 2, 2018 IMMEDIATELY FOLLOWING THE CRA MEETING We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 2. APPROVAL OF MINUTES a.Minutes of the February 26, 2018 Special Meeting to Consider Nuisance Code Abatement Non-Ad Valorem 02-26-18 - Special MeetingAttachments: 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a.Presentation by Charles Puckett, Circuit 7 Community Development Administrator for Volusia, Flagler, St. John's and Putnam Counties; Karin Flositz from Community Partnership for Children and Sarah Sheppard of Healthy Start on behalf of Child Abuse Prevention Month and Proclamation for Child Abuse Prevention Month Prevent Child Abuse - April 2018Attachments: b.Proclamation for Water Conservation Month Water Conservation Month - April 2018Attachments: c.Presentation of Awards for Chili Cook Off winners d.Presentation by Mark Galvin from FirstSouthwest, a division of Hilltop Securities on the Impact of Tax Reform and Outstanding Debt Profile e.Presentation by James Halleran from James Moore Certified Public Accountants and Consultants on the Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 2017 Page 1 City of Edgewater Printed on 4/2/2018 April 2, 2018City Council Meeting Agenda f.Presentation - Recreation and Cultural Services Board - New Beautification Award Program Beautification NominationAttachments: g.County Councilwoman Deb Denys requested to address Council on Bike Florida with a short video 3.a. Proclamations Presented Outside Chambers 4. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to three (3) minutes or less. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS 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. a.Authorization for Public Resource Management Group, Inc. to perform a Solid Waste Enterprise Fund Review 000-Brenda-Edgewater Proposal Mar 29 2018Attachments: b.Auditing & Related Services Continuing Services Agreement - James Moore & Co. Addendum No. 2dden Auditing Services Addendum 2Attachments: c.Agreement with the Property Appraiser for the Utilization of the Uniform Method of Collection of Non-Ad Valorem Assessments 2018-02-01 Final Property Appraiser InterlocalAttachments: d.Agreement with Volusia County for the Utilization of the Uniform Method of Collection of Non-Ad Valorem Assessments NonAdValoremAssessments-COUNTYAttachments: e.Fellowship of Christian Athletes Requesting Waiver of Ballfield Rental Fees Page 2 City of Edgewater Printed on 4/2/2018 April 2, 2018City Council Meeting Agenda f.Approval for contract for Chemicals - Water - Wastewater Treatment Plants - ITB 18-ES-005 ITB 18-ES-005 - Chenicals - Water and Wastewater Treatment Plants - Bid opening documents Brenntag Mid-South Contract Carmeuse Lime and Stone contract ChemTrade contract Allied Universal Corporation Contract Attachments: g.2018 Elections Polling Place Agreement for Precinct 901/910 doc00818120180322095107Attachments: 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a.2nd Reading - Ordinance No. 2018-O-05: Randall & Alison Coslow requesting annexation of 1.16± acres of land located at 1833 North Pinedale Road. 2018-O-05 Location Map Aerial Attachments: b.2nd Reading - Ordinance No. 2018-O-06: Randall & Alison Coslow requesting an amendment to the Future Land Use Map to include 1.16± acres of land located at 1833 North Pinedale Road as Low Density Transition. 2018-O-06 Location Map Aerial Future Land Use Map Attachments: c.2nd Reading - Ordinance No. 2018-O-07: Randall & Alison Coslow requesting an amendment to the Official Zoning Map to include 1.16± acres of land located at 1833 North Pinedale Road as RT (Rural Transitional). 2018-O-07 Location Map Aerial Zonng Map Attachments: d.Resolution 2018-R-05 - Water Bill Excessive Use Policy 2018-R-05 Water Bill Excessive Use Policy 4-2-18Attachments: 9. BOARD APPOINTMENTS Page 3 City of Edgewater Printed on 4/2/2018 April 2, 2018City Council Meeting Agenda a.Recreation and Cultural Services Board - Councilman Conroy's appointment due to the expired term of Laura Konters, who is seeking reappointment. 2018 01 09 Laura Reappointment Request Roberta Muradian Application Gina Golub Application Attachments: 10. OTHER BUSINESS a.Mark Karet, Zev Cohen & Associates, requesting the removal of two (2) historic trees on property located at 412 West Park Avenue and 418 West Park Avenue. Request Conceptual Plan Arbor Report Attachments: 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 4/2/2018 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2018-3226,Version:1 COUNCIL AGENDA ITEM SUBJECT: Minutes of the February 26, 2018 Special Meeting to Consider Nuisance Code Abatement Non-Ad Valorem DEPARTMENT: City Clerk/Paralegal RECOMMENDED ACTION: Motion to approve the minutes of the February 26,2018 Special Meeting to Consider Nuisance Code Abatement Non-Ad Valorem City of Edgewater Printed on 3/23/2018Page 1 of 1 powered by Legistar™ 104 N. Riverside Drive Edgewater, FL 32132 City of Edgewater Meeting Minutes City Council - Special Meeting 6:30 PM Council Chambers Monday, February 26, 2018 Consider Nuisance Code Abatement Non-Ad Valorem 1. CALL TO ORDER, ROLL CALL Mayor Mike Ignasiak, Councilwoman Christine Power, Councilman Dan Blazi, Councilman Gary Conroy, and Councilwoman Amy Vogt Present: 5 - City Clerk/Paralegal Robin Matusick, and City Manager Tracey Barlow Also Present: 2 - 2. CITIZEN COMMENTS None at this time. 3. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS 2018-R-03 a. Resolution 2018-R-03 - A Resolution Authorizing and Electing to Utilize the Uniform Method of Collecting Non-Ad Valorem Assessments for the collection of Code Enforcement costs incurred by the City for the abatement or remedy of code violations or the removal of nuisance structures which are not reimbursed by the property owner City Manager Barlow read Resolution No. 2018-R-03 into the record. City Manager Barlow made a staff presentation. Volusia County Property Appraiser, Larry Bartlett gave a presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilwoman Power, se cond by Councilwoman Vogt, to adopt Resolution No. 2018-R-03 - A Resolution Authorizing and Electing to Utilize the Uniform Method of Collecting Non-Ad Valorem Assessments for the collection of Code Enforcement costs incurred by the City for the abatement or remedy of code violations or the removal of nuisance structures which are not reimbursed by the property owner. The MOTION was APPROVED by the following vote: Yes: Mayor Ignasiak, Councilwoman Power and Councilwoman Vogt 3 - No: Councilman Blazi and Councilman Conroy 2 - 4. CITIZEN COMMENTS Page 1 City of Edgewater Printed on 3/5/2018 February 26, 2018 City Council - Special Meeting Meeting Minutes Frank Morris, 3132 Queen Palm Dr: Discussed being disappointed with the way the city has been spending money recently. Don Garner, 2703 Tamarind Dr: Discussed being disappointed with the council’s choice to pass resolution 2018-R-03. Glenn Powers, 2628 Yule Tree Dr: Discussed being grateful that the council passed resolution 2018 -R-03. 5. ADJOURN There being no further business to discuss, Mayor Ignasiak adjourned the meeting at 7:32 p.m. Minutes submitted by: Kelsey Arcieri, Records Clerk ATTEST: APPROVED: Robin Matusick, City Clerk/Paralegal Mike Ignasiak, Mayor Page 2 City of Edgewater Printed on 3/5/2018 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2018-3209,Version:1 COUNCIL AGENDA ITEM SUBJECT: Presentation by Charles Puckett,Circuit 7 Community Development Administrator for Volusia,Flagler,St. John's and Putnam Counties;Karin Flositz from Community Partnership for Children and Sarah Sheppard of Healthy Start on behalf of Child Abuse Prevention Month and Proclamation for Child Abuse Prevention Month DEPARTMENT: City Clerk/Paralegal City of Edgewater Printed on 3/23/2018Page 1 of 1 powered by Legistar™ Proclamation Office of the Mayor WHEREAS, Florida’s future prosperity depends on nurturing the healthy development of children living, growing and learning within our many diverse communities; and WHEREAS, research shows that safe and nurturing relationships and stimulating and stable environments improve brain development and child wellbeing, while neglectful or abusive experiences and unstable or stressful environments increase the odds of poor childhood outcomes; and WHEREAS, abuse and neglect of children can cause severe costly and lifelong problems affecting all of society, including physical and mental health problems, school failure and criminal behavior; and WHEREAS, research also shows that parents and caregivers who have social networks and know how to seek help in times of trouble are more resilient and better able to provide safe environments and nurturing experiences for their children; and WHEREAS, individuals, businesses, schools and faith-based and community organizations must make children a top priority and take action to support the physical, social, emotional and educational development and competency of all children; and WHEREAS, the month of April is focused on Prevent Child Abuse Awareness in collaboration with the Florida Department of Children and Families all will be engaging communities throughout Florida in a coordinated effort to prevent child abuse and neglect by promoting awareness of healthy child development, positive parenting practices and types of concrete support families need within their communities. NOW, THEREFORE, I, Michael Ignasiak, by virtue of the authority vested in me as Mayor of the City of Edgewater, Florida do hereby proclaim the month of April 2018 as CHILD ABUSE PREVENTION MONTH and urge all residents to engage in activities whose purpose is to strengthen families and communities to provide the optimal environment for healthy child development. In Witness Whereof I have hereunto set my hand and caused the Great Seal of the City of Edgewater to be affixed Presented at the Council Chambers, Edgewater, County of Volusia, STATE OF FLORIDA this 2nd day of April, 2018. (Official Seal) ATTEST: _______________________________ ____________________________________ Robin L. Matusick Michael Ignasiak City Clerk/Paralegal Mayor City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2018-3285,Version:1 COUNCIL AGENDA ITEM SUBJECT: Proclamation for Water Conservation Month DEPARTMENT: City Clerk/Legal City of Edgewater Printed on 3/23/2018Page 1 of 1 powered by Legistar™ Proclamation Office of the Mayor WHEREAS, water is a basic and essential need of every living creature; and WHEREAS, The State of Florida, St. Johns Water Management District, Florida Section of the American Water Works Association, and The City of Edgewater are working together to promote the efficient use of water and advocating sound water conservation and to increase awareness about the importance of water conservation; and WHEREAS, the City of Edgewater and the State of Florida has designated April, typically a dry month when water demands are most acute, Florida’s Water Conservation Month, to educate citizens about how they can help save Florida’s precious water resources; and WHEREAS, the City of Edgewater has always encouraged and supported water conservation, through various educational programs and special events; and WHEREAS, every business, industry, school and citizen can make a differenc e when it comes to conserving water; and WHEREAS, every business, industry, school and citizen can help by saving water and thus promote a healthy economy and community; and WHEREAS, be it resolved that by virtue of the authority vested in me as Mayor of the City of Edgewater, do hereby proclaim the month of April 2018 as NOW, THEREFORE, I, Michael Ignasiak, by virtue of the authority vested in me as Mayor of the City of Edgewater, Florida do hereby recognize April, 2018 as WATER CONSERVATION MONTH In Witness Whereof I have hereunto set my hand and caused the Great Seal of the City of Edgewater to be affixed Presented at the Council Chambers, Edgewater, County of Volusia, STATE OF FLORIDA this 2nd day of April, 2018. (Official Seal) ATTEST: _______________________________ ____________________________________ Robin L. Matusick Michael Ignasiak City Clerk/Paralegal Mayor City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2018-3224,Version:1 COUNCIL AGENDA ITEM SUBJECT: Presentation of Awards for Chili Cook Off winners DEPARTMENT: Parks & Recreation City of Edgewater Printed on 3/23/2018Page 1 of 1 powered by Legistar™ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2018-3242,Version:1 COUNCIL AGENDA ITEM SUBJECT: Presentation by Mark Galvin from FirstSouthwest,a division of Hilltop Securities on the Impact of Tax Reform and Outstanding Debt Profile DEPARTMENT: Finance City of Edgewater Printed on 3/23/2018Page 1 of 1 powered by Legistar™ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2018-3245,Version:1 COUNCIL AGENDA ITEM SUBJECT: Presentation by James Halleran from James Moore Certified Public Accountants and Consultants on the Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 2017 DEPARTMENT: Finance City of Edgewater Printed on 3/23/2018Page 1 of 1 powered by Legistar™ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2018-3272,Version:2 COUNCIL AGENDA ITEM SUBJECT: Presentation - Recreation and Cultural Services Board - New Beautification Award Program DEPARTMENT: Parks & Recreation SUMMARY: The Recreation and Cultural Services Board has recognized the history of Edgewater and would like to bring back the Beautification Award Program that the former Beautification Committee held many years ago. This new program encourages property owners to beautify their properties and selects one residential and one commercial property twice per year (March and September).The Board has just finalized the program and nomination form for property owners to nominate their own properties or another property. The Board is currently gearing up to unveil this program to the community.Staff is currently working to clean and update the award signs. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: None at this time. City of Edgewater Printed on 3/23/2018Page 1 of 1 powered by Legistar™ DO YOU KNOW A PROPERTY WITH LOTS OF CURB APPEAL? THE CITY OF EDGEWATER WANTS TO HEAR ABOUT IT! Edgewater's Community Beautification Award program recognizes community members and businesses who make Edgewater an even nicer place to live by creating and maintaining beautiful landscaping with harmonious design, layout, proportion, balance, color and eco-friendliness as well as projects that show civic pride by beautifying buildings with improvements such as attractive additions, decks, paint schemes, shutters and planter boxes. WHO CAN ENTER The Community Beautification Award is open to all Edgewater home and business owners. Properties entered for competition must be in Edgewater and comply with the City's Code of Ordinances. Home or business owners may apply on their own behalf or nominate another property they consider beautiful. Nominations made on behalf of another must be formally accepted by the nominee. By self -nominating or by accepting a nomination, you grant the City of Edgewater the right to publically use your name, address and photographs of your property. HOW TO ENTER Nomination forms can be obtained and returned to: City of Edgewater, Parks & Recreation Department, 1108 S. Ridgewood Avenue, Edgewater, FL 32132. Entries may also be obtained at the City's website and submitted via e-mail to parks@cityofedgewater.org. JUDGING The Community Beautification Award program is administered by Edgewater's Recreation & Cultural Services Board. Following review of Applications each Spring and Fall, the Board will evaluate properties and determine winner eligibility. DEADLINES In the Spring and the Fall each year, a residential and a commercial property will be recognized for beautifying and improving their properties. Applications must be received by the City by March 15th for the Spring award and by September 15th for the Fall award. WINNING PROPERTIES Beautification Award winners will be announced by March 30th for the Spring award and by September 30th for the Fall award. Award winners will be honored at the April and October City Council Meetings and a Beautification Award sign will be placed on winning properties. QUESTIONS Inquiries regarding the Community Beautification Award can be directed to the City of Edgewater's Parks & Recreation Department at (386) 424-2400 ext. 7205 or Parks@cityofedgewater.org. COMMUNITY BEAUTIFICATION AWARD 2018 SUBMIT COMPLETED APPLICATION TO: CITY OF EDGEWATER - Parks & Recreation Department 1108 S. Ridgewood Ave, Edgewater, FL 32132 or e-mail to Parks@cityofedgewater.org Phone: (386) 424-2400 ext. 7205 EDGEWATER BEAUTIFICATION AWARD NOMINATION FORM AWARD CATEGORY __________ Residential Improvement __________ Business Improvement (CHECK ONE) NAME OF NOMINEE ______________________________________________________________________ Address of Nominee ______________________________________________________________________ City _______________________________________________ State ________ Zip _________________ Phone ____________________________________ E-mail ______________________________________ NOMINATED BY _________________________________________________________________________ (COMPLETE THIS SECTION IF YOU ARE NOMINATING SOMEONE OTHER THAN YOURSELF) Address ________________________________________________________________________________ City _______________________________________________ State ________ Zip _________________ Phone ____________________________________ E-mail ______________________________________ NOTES Below, please share any additional information regarding beautification of nominee's property Use additional sheets if needed. Photos are welcome but not required. _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Signature of Nominee __________________________________________ Date ____________________ (SIGN HERE IF YOU ARE THE NOMINEE) Signature of Applicant __________________________________________ Date ____________________ (SIGN HERE IF YOU ARE NOMINATING SOMEONE OTHER THAN YOURSELF) City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2018-3295,Version:1 COUNCIL AGENDA ITEM SUBJECT: County Councilwoman Deb Denys requested to address Council on Bike Florida with a short video City of Edgewater Printed on 4/2/2018Page 1 of 1 powered by Legistar™ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2017-2616,Version:3 COUNCIL AGENDA ITEM SUBJECT: Authorization for Public Resource Management Group, Inc. to perform a Solid Waste Enterprise Fund Review DEPARTMENT: Environmental Services SUMMARY: This item was brought before City Council at the June 5,2017,Council meeting.At that time,Council Consensus was to bring the item back at a later date. As part of the biennial rate study review,it was requested to evaluate the Refuse Operation for potential efficiencies in order to look at options for mitigating future rate increase and potentially reducing service costs while maintaining an equivalent level of service.The City’s current rate consultant,PRMG has subcontracted with Timothy F.Hunt Jr.&Associates to perform this study.Timothy Hunt is a Solid Waste Management Consultant who specializes in this type of work.In addition to reviewing the entire solid waste operations and budget,Mr.Hunt will evaluate future annexation areas and the options for collecting solid waste at the County’s level of service of 1-1-1,look at options for the planned replacement of the City’s transfer station and develop a final report The cost to do this study in June,2017,was $24,530 plus mileage and expenses.Three trips to Edgewater are anticipated at a cost of approximately $650 for mileage and tolls.These expenses will be charged at actual costs.After speaking with Mr.Hunt,he has stated his hourly rate has increased since then and there will be an increase to do this study.It is anticipated that the cost should not exceed $28,000 including mileage and expenses. BUDGETED ITEM:☐ Yes ☒ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☒ Yes ☐ No ☐ Not Applicable 447-5555-580.31-10 $28,000 RECOMMENDED ACTION: Motion to contract with PRMG to perform a Solid Waste Fund Review at a cost not to exceed $28,000, authorize the City Manager to execute the documents and authorize the budget amendment. City of Edgewater Printed on 3/28/2018Page 1 of 1 powered by Legistar™ Public Resources Management Group, Inc. Utility, Rate, Financial and Management Consultants 341 NORTH MAITLAND AVENUE - SUITE 300 - MAITLAND, FL 32751 TELEPHONE (407) 628-2600 - FAX (407) 628-2610 EMAIL prmg@prmginc.com March 29, 2018 Ms. Bridgette King Interim Finance Director City of Edgewater 104 North Riverside Drive Edgewater, Florida 32132 Subject: Request for Additional Services – Solid Waste Operations Review Dear Ms. King: As you requested, we have prepared a scope of service and contract budget to perform an operational review of the City’s Solid Waste System. These services will be provided as additional services under our Utility Revenue Sufficiency Study contract dated March 14, 2018. The operational review services will be provided by our sub-consultant, Mr. Timothy Hunt, Jr. The issues to be addressed and the deliverables to be provided are included in the attached scope of services prepared by Mr. Hunt. Accordingly, Public Resources Management Group, Inc. (PRMG) is requesting an increase of $28,000 in the project authorization based on Mr. Hunt’s fee proposal, which would increase the contract amount from $26,300 to $54,300. Please let me know if you have any questions or concerns. Very truly yours, ACCEPTED BY: Public Resources Management Group, Inc. City of Edgewater, Florida Henry L. Thomas Name Senior Vice President Title Date Timothy F. Hunt Jr. & Associates Solid Waste Management Consulting  1401 Clydesdale Avenue Phone (561) 798-6378 Wellington, Florida 33414 E-mail tim-hunt@juno.com March 27, 2018 Mr. Henry Thomas PRMG, INC 341 North Maitland Avenue Suite 300 Maitland, FL 32751 Subject: Proposal for the City of Edgewater Dear Henry, Here is my proposal for the City of Edgewater Solid Waste Enterprise Fund Review. Solid Waste Enterprise Fund Review  Review the municipal solid waste collection and transfer operating system for potential efficiencies that would mitigate rate increases and possible rate reductions while maintaining an equivalent level of services for the community.  Review the conditions under which the City could provide potential annexation areas their current level of waste collection services at or very near their current rate. Project Priorities: 1 (a) Develop options for collecting solid waste in potential annexation areas at current 1·1·1 automated services and rate levels. (b) Develop options for the city transfer station that is currently planned for replacement at a $3.5 million capital cost. 2 Review the collection system and budget specifically to develop options for mitigating future rate increases and potentially reducing service costs while maintaining an equivalent level of service. 3 Prepare a final report integrating the options identified in each review priority. Schedule: 1 Deliver a draft report on priorities 1a and 1b no later than June 15, 2018, earlier if possible. 2 Deliver a draft report on priority 2 by July 1, 2018 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2018-3207,Version:1 COUNCIL AGENDA ITEM SUBJECT: Auditing & Related Services Continuing Services Agreement - James Moore & Co. Addendum No. 2dden DEPARTMENT: Finance SUMMARY: In 2014,the City broadcast a Request for Proposals (RFP 14-FIN-012)for Auditing and Related Services.On May 5,2014 Council awarded the contract for Auditing and Related Services James Moore &Co.The contract had an initial term of agreement for a three (3)year period with an option to renew for two (2)additional terms of one (1) year each. Addendum No. 1, which extended the contract until May 5, 2018, was approved by Council on March 6, 2017. Execution of the attached Addendum No.2 will extend the term of contract(s)for the final one (1)year with all other terms of the initial agreements remaining the same. BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☒ No ☐ Not Applicable RECOMMENDED ACTION: Motion to approve Addendum No. 2 to the Continuing Services Agreement for Auditing and Related Services with James Moore & Co. and authorize the City Manager to execute the document. City of Edgewater Printed on 3/23/2018Page 1 of 1 powered by Legistar™ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2018-3222,Version:2 COUNCIL AGENDA ITEM SUBJECT: Agreement with the Property Appraiser for the Utilization of the Uniform Method of Collection of Non-Ad Valorem Assessments DEPARTMENT: City Manager SUMMARY: On February 26,2018 the City Council approved Resolution 2018-R-03 to all Code Enforcement Non-Ad Valorem Assessments to be placed on the annual tax bills. Since the County’s revenue division of the County’s finance department serves as the tax collector for Volusia County and Florida Statutes,and the Florida Administrative Code require the Local Government to enter into an agreement with the Property Appraiser to provide for the reimbursement of the necessary administrative costs incurred in the utilization of the Uniform Method and requires an agreement between the Local Government and the Property Appraiser for the merger of the non-ad valorem assessment roll or rolls with the ad valorem roll to produce one collection roll. The Florida Administrative Code also requires the Local Government to enter into a separate agreement with the Property Appraiser for each non-ad valorem assessment roll. This Agreement is intended to meet the requirements of both Florida Statutes,and Florida Administrative Code, as such pertain to the Local Government’s use of the Uniform Method and the Property Appraiser’s administrative duties. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to Agreement with the Property Appraiser for the Utilization of the Uniform Method of Collection of Non-Ad Valorem Assessments City of Edgewater Printed on 3/23/2018Page 1 of 2 powered by Legistar™ File #:AR-2018-3222,Version:2 City of Edgewater Printed on 3/23/2018Page 2 of 2 powered by Legistar™ Page 1 of 7 AGREEMENT WITH THE VOLUSIA COUNTY PROPERTY APPRAISER FOR THE UTILIZATION OF THE UNIFORM METHOD OF COLLECTION OF NON-AD VALOREM ASSESSMENTS This Agreement with the Volusia County Property Appraiser for the Utilization of the Uniform Method of Collection of Non-Ad Valorem Assessments (“Agreement”) is made and entered into by and between THE CITY OF EDGEWATER (“Local Government”), a local government as such term is defined in § 197.3632, Florida Statutes, and the County of Volusia, Florida, by and through the Volusia County Property Appraiser (“Property Appraiser”). WHEREAS, the Local Government wants to levy, collect, and enforce its non-ad valorem assessments utilizing the uniform method for the levy, collection, and enforcement of its non-ad valorem assessments, as provided for in §§ 197.3632 and 197.3635, Florida Statutes (“Uniform Method”); and WHEREAS, pursuant to § 197.3632(2), Florida Statutes, and Rule 12D- 18.004(2), Florida Administrative Code, the Local Government must enter into an agreement with the Property Appraiser to provide for the reimbursement of the necessary administrative costs incurred in the utilization of the Uniform Method; and WHEREAS, Rule 12D-18.004(1), Florida Administrative Code, further requires an agreement between the Local Government and the Property Appraiser governing data assembly and the exchange of information between the Local Government and the Property Appraiser; and WHEREAS, Rule 12D-18.004(1)(c), Florida Administrative Code, requires the Local Government to enter into an agreement with the Property Appraiser for each non- ad valorem assessment roll, and each such agreement must comply with the requirements of Rule 12D-18.004; and WHEREAS, the Local Government wants to enter into an agreement with the Property Appraiser for the preparation of the Local Government’s non-ad valorem assessment roll in a compatible electronic medium tied to the property identification number, as permitted by Rule 12D-18.004(1)(a), Florida Administrative Code; and WHERAS, pursuant to § 197.3632(5)(a), Florida Statutes, the Local Government further opts to designate the Property Appraiser as the Local Government’s agent for the limited purpose of certifying and submitting the non-ad valorem assessment roll to the county revenue division; and WHEREAS, this Agreement is intended to meet the requirements of both § 197.3632, Florida Statutes, and Rule 12D-18.004, Florida Administrative Code, as such pertain to the Local Government’s use of the Uniform Method and the Property Appraiser’s administrative duties pursuant thereto. Page 2 of 7 NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: I. General. 1. Application. This Agreement shall apply to the use of the Uniform Method for the non-ad valorem assessment identified in the Local Government’s duly adopted resolution attached hereto and incorporated herein as Exhibit A (“Assessment”). 2. Term. The term of this Agreement shall commence upon execution by both parties. For the purposes of this Agreement, a tax year shall mean and refer to a calendar year. This Agreement shall remain in effect for subsequent years’ assessments and shall terminate (i) automatically once the Assessment is paid in its entirety such that no Assessment amounts need to be assessed or collected in a subsequent year, or (ii) as otherwise provided herein or established by law. Pursuant to § 197.3632(6), Florida Statutes, the Local Government may discontinue use of the Uniform Method and terminate this Agreement upon written notice to the County, Property Appraiser, and Florida Department of Revenue befo re January 10 of each tax year. Such notice, upon the receipt thereof by the other party, shall terminate this Agreement. If notice is submitted after January 10 of the current tax year, then the Agreement shall continue to remain in effect for the current tax year; however, the Agreement shall be terminated with respect to the next tax year [e.g., if notice were sent December 1, 2017 (in tax year 2017), termination would be effective for the 2018 tax year; if notice were sent on January 5, 2018 (in tax year 2018), termination would be effective for the 2018 tax year; but, if notice were sent on January 11, 2018 (in tax year 2018), termination would not be effective until the 2019 tax year]. II. Duties of the Property Appraiser. 1. Information. Pursuant to § 197.3632(3)(b), Florida Statutes, and annually by June 1st of each year, the Property Appraiser shall provide the Local Government by list or compatible electronic medium with the legal description of the propert ies within the Assessment district together with the property identification numbers and names and addresses of the owners of all such properties. The Property Appraiser shall further provide any other information reasonably needed by the Local Government to create, recompute, reconfigure, revise, correct, or otherwise formulate the non -ad valorem assessment rolls as may be agreed to by the Property Appraiser. 2. Preparation and Submittal of the Non-Ad Valorem Assessment Roll. Pursuant to Rule 12D-18.004(1)(a), Florida Administrative Code, the Local Government hereby names the Property Appraiser as its designee for the limited purposes of (i) preparing the Local Government’s non-ad valorem assessment roll for the Assessment in a compatible electronic medium tied to the property identification number and (ii) Page 3 of 7 certifying and submitting, in the name of the city, the non-ad valorem assessment roll to the county revenue division (a part of the department which has assumed the functions and duties of the tax collector pursuant to § 601.1(1)(a) of the Volusia County Charter) by September 15th of each tax year pursuant to § 197.3632(5)(a), Florida Statutes. The Property Appraiser agrees to serve as the Local Government’s designee for such limited purposes and shall provide such services on behalf of the Local Government during the term of this Agreement unless otherwise agreed by the parties in writing. Regardless of the foregoing, the Property Appraiser’s preparation of the non-ad valorem assessment roll hereunder shall be preconditioned on the Local Government’s cooperation with the Property Appraiser in preparing the ad valorem assessment roll and the Local Government’s timely submittal to the Property Appraiser of the Local Government’s certified non-ad valorem assessment rate per assessment unit by September 15th of each tax year. Notwithstanding the Property Appraiser’s preparation, submittal, or certification of the non-ad valorem assessment roll contemplated herein, the Local Government remains solely responsible for ensuring that such certified roll contains no errors or omissions as stated in § 197.3632(5)(a), Florida Statutes , and the Property Appraiser assumes no liability or responsibility for any such errors and omissions. 3. Software / Data Storage. The Property Appraiser maintains software, which the Property Appraiser will use to edit and store any information provided to the Property Appraiser for use in fulfilling the Property Appraiser’s obligations pursuant to this Agreement and his/her general administration of the Uniform Method pursuant to Chapter 197, Florida Statutes, and Rule 12D-18.004, Florida Administrative Code. The Property Appraiser will store and maintain the Local Government’s data and related programs in the same manner as he/she maintains and safeguards other Volusia County tax data. 4. Cooperation. In addition to the foregoing, the Property Appraiser will make reasonable efforts to assist and accommodate the Local Government’s creation of a non-ad valorem assessment roll, cooperate with the Local Government and the Volusia County Finance Department and Revenue Division to implement the Uniform Method pursuant to and consistent with Chapter 197, Florida Statutes, including §§ 197.3632 and 197.3635 thereof, and make available the Property Appraiser’s methodology and data used to calculate the per unit cost described in Article IV of this Agreement. III. Duties of the Local Government. 1. Non-Ad Valorem Assessment. The Local Government warrants that the Assessment(s) to which this Agreement applies is valid, lawfully imposed, and duly levied by the Local Government on the properties subject thereto. The Local Government further agrees to post the non-ad valorem assessment(s) for each parcel on the non-ad valorem assessment roll in a manner such that the assessment roll is free of errors and omissions. Page 4 of 7 2. Reimbursement. Each year, the Local Government shall pay to the Property Appraiser the necessary administrative costs of collection incurred by the Property Appraiser in the administration of the Assessment(s) pursuant to Article IV (titled “Payment of Administrative Costs”) of this Agreement. 3. TRIM Notice. The Local Government shall cooperate with the County in the preparation and delivery of the Truth in Millage Notice as provided for in § 200.069, Florida Statutes, and agrees to timely notify the Property Appraiser of the Local Government’s proposed non ad valorem assessment rate per unit and the taxpayer contact information that will be displayed on such notice. Notice of the proposed or adopted non-ad valorem assessment must be included in such notice as set forth in § 200.069(10), Florida Statutes. 4. Certification of the Non-Ad Valorem Assessment Rate. By September 15th of each tax year, the Local Government shall submit to the Property Appraiser the certified non-ad valorem assessment rate per unit to the Property Appraiser. The Property Appraiser shall not be liable for any delays or failure to prepare, certify, or submit the Local Government’s non-ad valorem assessment roll or to otherwise implement the Uniform Method with regard to the Assessment if the Local Government (i) fails to timely submit such certified non-ad valorem assessment rate (ii) provides an incorrect rate, or (iii) provides a rate in a corrupted format or a format that cannot be accessed or read by the Property Appraiser. 5. Changes, Modifications, and Corrections. The Local Government shall designate and authorize a person or entity other than the Property Appraiser who will receive and process any request for changes, modifications, or corrections to the non - ad valorem assessment roll and, if necessary, file with the Property Appraiser an appropriate certificate of correction. 6. Additional Information. If the Local Government determines that the information supplied by the Property Appraiser pursuant to Article II, § 1. Information of this Agreement is insufficient for the Local Government’s purposes, the Local Government shall obtain further information from other sources. 7. Coordination. The Local Government shall cooperate with the Property Appraiser to implement the Uniform Method pursuant to and consistent with applicable state law and any relevant regulations duly promulgated by the Florida Department of Revenue. IV. Payment of Administrative Costs. 1. Per Unit Charge. The Property Appraiser’s charge to the Local Government for the units assessed pursuant to the Assessment for the 2018 tax year and for each year thereafter, unless otherwise adjusted, shall be seventy-seven cents (77¢) per assessment unit, which per unit charge constitutes the actual cost of collecting the non-ad valorem assessment to the Property Appraiser’s office as described in § Page 5 of 7 197.3632(2), Florida Statutes, and Rule 12D-18.004(2), Florida Administrative Code. Because such per unit charge is the actual cost to the Property Appraiser of administering the Assessment pursuant to the Uniform Method , such charge shall be subject to unilateral adjustment by the Property Appraiser on an annual basis to account for fluctuations in such cost. 2. Adjustments. If the Property Appraiser, after review of his/her operations and relevant data, determines the charge should be either increased or decreased, he/she shall send written notice to the Local Government of the adjustment. If notice is sent prior to January 10th of the current tax year, the adjustment shall be effective within the current tax year. Otherwise, such notice shall be effective in the next tax year. 3. Challenges. If the Local Government believes the adjusted charge does not reflect the actual cost of the administrative services provided by the Property Appraiser pursuant to this Agreement or otherwise violates § 197.3632(2), Florida Statutes, the Local Government may, within 10 (ten) days of its receipt of such notice, send a notice to the Property Appraiser objecting to the adjustment, which notice shall include a concise summary of the reason(s) as to why the Local Government is objecting and a request for a meeting with the Property Appraiser to reconsider the adjustment. Failure to request such meeting shall be deemed a waiver of the Local Government’s right to challenge the adjustment. If requested, the meeting shall be scheduled within twenty (20) days of the receipt of such request. The Property Appraiser shall render a final decision regarding the adjusted charge within ten (10) days following such meeting or such other time as may be agreed upon by the Local Government and the Property Appraiser. Such final decision shall be binding as to both parties and constitute final agency action. 4. Payment. The Local Government agrees that the payment due pursuant to this Agreement may be withheld by the Volusia County Finance Department from the revenue collected from the Assessment and transferred to the Property Appraiser. If such withhold does not occur or insufficient Assessment revenue is collected to reimburse the Property Appraiser pursuant to this Agreement, the Property Appraiser may invoice the Local Government for payment of any deficiency pursuant to the applicable provisions of Part VII of Chapter 218, Florida Statutes. V. Miscellaneous. 1. Indemnification. The Local Government agrees to indemnify, defend, and hold harmless Volusia County and its Property Appraiser from and against any claims, sanctions, costs, or damages imposed against or incurred by Volusia County or its Property Appraiser, including, but not limited to, attorney’s fees or costs, which claims, sanctions, costs, or damages arise from (i) any act or omission committed by the Local Government in adopting, administering, levying, or enforcing the Assessment, (ii) any defect in the Assessment itself, (iii) any challenge regarding the validity or legality of the Assessment, or (iv) any defect in the certified non-ad valorem assessment roll submitted to Volusia County pursuant to § 197.3632(5)(a), Florida Statutes . Page 6 of 7 2. Entire Agreement. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or writte n, between the parties hereto. 3. Amendment. Unless otherwise expressly provided herein, any alteration, variation, modification, extension, renewal, or waiver of the provisions of this Agreement shall be valid only when reduced to writing, duly autho rized and signed by all parties. 4. Notices. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent certified or registered mail, return receipt requested, first class, postage p repaid, and addressed as follows: IF TO LOCAL GOVERNMENT: WITH COPY TO: CITY MANAGER CITY CLERK Tracey T. Barlow Robin L. Matusick City Manager City Clerk/Paralegal PO Box 100 PO Box 100 Edgewater, FL 32132 Edgewater, FL 32132 IF TO COUNTY: WITH COPY TO: Volusia County Property Appraiser Volusia County Attorney 123 West Indiana Avenue 123 West Indiana Avenue Room 102 DeLand, FL 32720 DeLand, FL 32720 5. Construction – Governing Law. This Agreement is intended to complement the statutes and regulations pertaining to the Uniform Method and shall be construed together with the applicable provisions of the Florida Statutes and any duly promulgated Department of Revenue rules pertaining to the Uniform Method, including, but not limited to § 197.3632, Florida Statutes, and Rule 12D-18.004, Florida Administrative Code, or any successor statutes or rules, as such may be amended or supplemented from time to time. Any duly adopted statutes or regulations pertaining to the Uniform Method and the administration thereof shall (i) govern those items not specifically covered herein and (ii) are hereby incorporated by reference. If any terms or conditions of this Agreement conflict with duly enacted statutes or adopted regulations pertaining to the Uniform Method, such statutes or regulations shall govern to the extent any such conflict exists. Page 7 of 7 6. Sovereign Immunity. Regardless of anything set forth in this section or any other part of this Agreement to the contrary, each party expressly retains all rights, benefits, and immunities of the doctrine of sovereign immunity in accordance with § 768.28, Florida Statutes, and nothing in this Agreement shall be deemed as a waiver of the doctrine of sovereign immunity or any of the limits of liability of either party beyond any statutory limited waiver of immunity o r those limits of liability which may have been or may be adopted by the Florida Legislature. Nothing in this Agreement shall be read or otherwise interpreted to require or otherwise allow the indemnification of one party for the negligent acts of the other in contravention of § 768.28, Florida Statutes, nor shall anything in this Agreement inure to the benefit of any third party for the purpose of allowing any claim against either party, which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. IN WITNESS WHEREOF, the parties have executed this Agreement with the Volusia County Property Appraiser for the Utilization of the Uniform Method of Collection of Non-Ad Valorem Assessments on the day and year written below. ATTEST: CITY OF EDGEWATER __________________________ By: _____________________________ Robin L. Matusick Michael Ignasiak City Clerk/Paralegal Mayor ATTEST: PROPERTY APPRAISER COUNTY OF VOLUSIA, FLORIDA __________________________ By: _____________________________ Larry Bartlett Property Appraiser Volusia County, Florida City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2018-3223,Version:2 COUNCIL AGENDA ITEM SUBJECT: Agreement with Volusia County for the Utilization of the Uniform Method of Collection of Non-Ad Valorem Assessments DEPARTMENT: City Manager SUMMARY: On February 26,2018 the City Council approved Resolution 2018-R-03 to all Code Enforcement Non-Ad Valorem Assessments to be placed on the annual tax bills. Since the County’s revenue division of the County’s finance department serves as the tax collector for Volusia County and Florida Statutes,and the Florida Administrative Code require the Local Government to enter into an agreement with the tax collector to provide for the reimbursement of the necessary administrative costs incurred in the utilization of the Uniform Method and requires an agreement between the Local Government and the County for the merger of the non-ad valorem assessment roll or rolls with the ad valorem roll to produce one collection roll. The Florida Administrative Code also requires the Local Government to enter into a separate agreement with the County for each non-ad valorem assessment roll. This Agreement is intended to meet the requirements of both Florida Statutes,and Florida Administrative Code, as such pertain to the Local Government’s use of the Uniform Method and the County’s administrative duties. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to Agreement with Volusia County for the Utilization of the Uniform Method of Collection of Non-Ad Valorem Assessments City of Edgewater Printed on 3/23/2018Page 1 of 2 powered by Legistar™ File #:AR-2018-3223,Version:2 City of Edgewater Printed on 3/23/2018Page 2 of 2 powered by Legistar™ Page 1 of 6 AGREEMENT WITH VOLUSIA COUNTY FOR THE UTILIZATION OF THE UNIFORM METHOD OF COLLECTION OF NON-AD VALOREM ASSESSMENTS This Agreement with Volusia County for the Utilization of the Uniform Method of Collection of Non-Ad Valorem Assessments (“Agreement”) is made and entered into by and between CITY OF EDGEWATER, (“Local Government”) a Local Government as such term is defined in § 197.3632, Florida Statutes, and the County of Volusia, Florida (“County”). WHEREAS, the Local Government wants to levy, collect, and enforce its non-ad valorem assessments utilizing the uniform method for the levy, collection, and enforcement of its non-ad valorem assessments, as provided for in §§ 197.3632 and 197.3635, Florida Statutes (“Uniform Method”); and WHEREAS, the County’s revenue division of the County’s finance department serves as the tax collector for Volusia County pursuant to § 601.1(1)(a) of the Volusia County Charter, which has abolished the constitutional office of the tax collector and transferred such authority to such department; and WHEREAS, pursuant to § 197.3632(2), Florida Statutes, and Rule 12D- 18.004(2), Florida Administrative Code, the Local Government must enter into an agreement with the tax collector (i.e., the County) to provide for the reimbursement of the necessary administrative costs incurred in the utilization of the Uniform Method; and WHEREAS, Rule 12D-18.004(1)(b), Florida Administrative Code, further requires an agreement between the Local Government and the County for the merger of the non-ad valorem assessment roll or rolls with the ad valorem roll to produce one collection roll; and WHEREAS, Rule 12D-18.004(1)(c), Florida Administrative Code, requires the Local Government to enter into a separate agreement with the County for each non-ad valorem assessment roll, and each such agreement must comply with the requirements of Rule 12D-18.004; and WHEREAS, this Agreement is intended to meet the requirements of both § 197.3632, Florida Statutes, and Rule 12D-18.004, Florida Administrative Code, as such pertain to the Local Government’s use of the Uniform Method and the County’s administrative duties pursuant thereto. NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: Page 2 of 6 I. General. 1. Application. This Agreement shall apply to the use of the Uniform Method for the non-ad valorem assessment(s) identified in the Local Government’s duly adopted resolution(s) attached hereto and incorporated herein as Exhibit A (“Assessment”). 2. Term. The term of this Agreement shall commence upon execution by both parties. For the purposes of this Agreement, a tax year shall mean and refer to a calendar year. This Agreement shall remain in effect for subsequent years’ assessments and shall terminate (i) automatically once the Assessment is paid in its entirety such that no Assessment amounts need to be assessed or collected in a subsequent year or (ii) as otherwise provided herein or established by law. Pursuant to § 197.3632(6), Florida Statutes, the Local Government may discontinue use of the Uniform Method and terminate this Agreement upon written notice to the County, the County’s property appraiser, and Florida Department of Revenue before January 10 of each tax year. Such notice, upon the receipt thereof by the other party, shall terminate this Agreement. If notice is submitted after January 10 of the current tax year, then the Agreement shall continue to remain in effect for the current tax year; however, the Agreement shall be terminated with respect to the next tax year [e.g., if notice were sent December 1, 2017 (in tax year 2017), termination would be effective for the 2018 tax year; if notice were sent on January 5, 2018 (in tax year 2018), termination would be effective for the 2018 tax year; but, if notice were sent on January 11, 2018 (in tax year 2018), termination would not be effective until the 2019 tax year]. II. Duties of the County (as Tax Collector). 1. Merger of Assessment Rolls. Pursuant to § 197.3632(7), Florida Statutes, and Rule 12D-004(1)(b), Florida Administrative Code, the County shall work with the Local Government to include the Local Government’s non-ad valorem assessment roll in the County’s combined notice for ad valorem taxes and non-ad valorem assessments as provided in § 197.3635, Florida Statutes. Separate notices of non-ad valorem assessments shall not be mailed unless otherwise warranted as a solution to the most exigent factual circumstances. In deciding whether a separate mailing is necessary, the County shall consider all costs to the Local Government and taxpayers of such separate mailing and the adverse effects of delayed and multiple notices to taxpayers. If, for whatever reason, the Local Government’s non-ad valorem assessment roll cannot be merged with the County’s ad valorem tax roll in the County’s combined notice for taxes and assessments, the Local Government shall bear all costs associated with the provision of separate notice. Such costs are not factored into the per unit assessment rate identified in Article IV of this Agreement, and, if the County incurs any such costs on the Local Government’s behalf, the County shall separately invoice the Local Government for reimbursement thereof. 2. Software / Data Storage. The County maintains software, which it will use to edit and store the non-ad valorem assessment roll received from the Local Page 3 of 6 Government. The County will maintain the Local Government’s non-ad valorem assessment roll and related programs in the same manner as other Volusia County tax data. 3. Cooperation. In addition to the foregoing, the County will make reasonable efforts to assist and accommodate the Local Government’s collection of non-ad valorem assessments, cooperate with the Local Government and the Volusia County Finance Department and Revenue Division to implement the Uniform Method pursuant to and consistent with Chapter 197, Florida Statutes, including §§ 197.3632 and 197.3635 thereof, and make available the County’s methodology and data used to calculate the per unit cost described in Article IV of this Agreement. III. Duties of the Local Government. 1. Non-Ad Valorem Assessment. The Local Government warrants that the Assessment(s) to which this Agreement applies is valid, lawfully imposed, and duly levied by the Local Government on the properties subject thereto. The Local Government further agrees to post the non-ad valorem assessment(s) for each parcel on the non-ad valorem assessment roll in a manner such that the assessment roll is free of errors and omissions. 2. Reimbursement. Each year, the Local Government shall pay to the County the necessary administrative costs of collection incurred by the County in the administration of the Assessment(s) pursuant to Article IV (titled “Payment of Administrative Costs”) of this Agreement. 3. Assessment Rate. By September 15th of each tax year, the Local Government shall, whether by and through its chair of its local governing board or other designee or agent, certify its non-ad valorem assessment roll on compatible electronic medium, to the County’s revenue division. The County shall not be liable for any delays or failure to implement the Uniform Method with regard to the Assessment(s) if the Local Government fails to timely submit its assessment roll or otherwise submits an incompatible or incomplete assessment roll. 4. Changes, Modifications, and Corrections. The Local Government shall designate and authorize a person or entity other than the County’s revenue division who will receive and process any request for changes, modifications, or corrections to the non-ad valorem assessment roll and, if necessary, file with the County an appropriate certificate of correction. 5. Coordination. The Local Government shall cooperate with the County to implement the Uniform Method pursuant to and consistent with applicable state law and any relevant regulations duly promulgated by the Florida Department of Revenue. Page 4 of 6 IV. Payment of Administrative Costs. 1. Per Unit Charge. The County’s charge to the Local Government for the units assessed pursuant to the Assessment for the tax year and for each year thereafter shall be fifty-five cents (55¢) per assessment unit, which per unit charge constitutes the actual cost of collecting the non-ad valorem assessment to the County’s revenue division as described in § 197.3632(2), Florida Statutes, and Rule 12D-18.004(2), Florida Administrative Code. Because such per unit charge is the actual cost to the County’s revenue division of administering the Assessment pursuant to the Uniform Method, such charge shall be subject to unilateral adjustment by the County on an annual basis to account for fluctuations in such cost. 2. Adjustments. If the County, after review of its operations and other relevant data, determines the charge should be either increased or decreased, it shall send written notice to the Local Government of the adjustment. If notice is sent prior to January 10th of the current tax year, the adjusted charge shall be effective within the current tax year. Otherwise, such notice shall be effective in the next tax year. 3. Challenges. If the Local Government believes the adjusted charge does not reflect the actual cost of the administrative services provided by the County’s revenue division pursuant to this Agreement or otherwise violates § 197.3632(8)(c), Florida Statutes, the Local Government may, within 10 (ten) days of its receipt of such notice, send a notice to the County’s revenue division objecting to the adjustment, which notice shall include a concise summary of the reason(s) as to why the Local Government objects and a request for a meeting with the County’s chief financial officer to reconsider the adjustment. Failure to request such meeting shall be deemed a waiver of the Local Government’s right to challenge the adjustment. If requested, the meeting shall be scheduled within twenty (20) days of the receipt of such request. The County’s chief financial officer shall render a final decision regarding the adjusted charge within ten (10) days following such meeting or such other time as may be agreed upon by the Local Government and the County. Such final decision shall be binding as to both parties and constitute final agency action. 4. Payment. The Local Government agrees that the payment due pursuant to this Agreement may be withheld by the County from the revenue collected from the Assessment, regardless of whether payment has actually been collected on each parcel subject to the assessment. If such withhold does not occur or insufficient Assessment revenue is collected to reimburse, the County may invoice the Local Government for payment of any deficiency pursuant to the applicable provisions of Part VII of Chapter 218, Florida Statutes. V. Miscellaneous. 1. Indemnification. The Local Government agrees to indemnify, defend, and hold harmless the County from and against any claims, sanctions, costs, or damages imposed against or incurred by the County, including, but not limited to, Page 5 of 6 attorney’s fees or costs, which claims, sanctions, costs, or damages arise from (i) any act or omission committed by the Local Government in adopting, administering, levying, or enforcing the Assessment, (ii) any defect in the Assessment itself, (iii) any challenge regarding the validity or legality of the Assessment, or (iv) any defect in the certified non-ad valorem assessment roll submitted to the County pursuant to § 197.3632(5)(a), Florida Statutes. 2. Entire Agreement. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 3. Amendment. Unless otherwise expressly provided herein, any alteration, variation, modification, extension, renewal, or waiver of the provisions of this Agreement shall be valid only when reduced to writing, duly authorized and signed by all parties. 4. Notices. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent certified or registered mail, return receipt requested, first class, postage prepaid, and addressed as follows: IF TO LOCAL GOVERNMENT: WITH COPY TO: CITY MANAGER CITY CLERK/PARALEGAL Tracey T. Barlow Robin L. Matusick City Manager City Clerk/Paralegal PO Box 100 PO Box 100 Edgewater, FL 32132 Edgewater, FL 32132 IF TO COUNTY: WITH COPY TO: Volusia County Revenue Division Volusia County Attorney 123 West Indiana Avenue 123 West Indiana Avenue Room 103 DeLand, FL 32720 DeLand, FL 32720 5. Construction – Governing Law. This Agreement is intended to complement the statutes and regulations pertaining to the Uniform Method and shall be construed together with the applicable provisions of Section 197.3632, Florida Statutes, and Rule 12D-18.004, Florida Administrative Code, or any successor statutes or rules, as such may be amended or supplemented from time to time. Any duly adopted statutes or regulations pertaining to the Uniform Method and administration thereof shall (i) govern those items not specifically covered herein and (ii) are hereby incorporated by reference. If any terms or conditions of this Agreement conflict with duly enacted Page 6 of 6 statutes or adopted regulations pertaining to the Uniform Method, such statutes or regulations shall govern to the extent any such conflict exists. 6. Sovereign Immunity. Regardless of anything set forth in this section or any other part of this Agreement to the contrary, each party expressly retains all rights, benefits, and immunities of the doctrine of sovereign immunity in accordance with § 768.28, Florida Statutes, and nothing in this Agreement shall be deemed as a waiver of the doctrine of sovereign immunity or any of the limits of liability of either party beyond any statutory limited waiver of immunity or those limits of liability which may have been or may be adopted by the Florida Legislature. Nothing in this Agreement shall be read or otherwise interpreted to require or otherwise allow the indemnification of one party for the negligent acts of the other in contravention of § 768.28, Florida Statutes, nor shall anything in this Agreement inure to the benefit of any third party for the purpose of allowing any claim against either party, which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. IN WITNESS WHEREOF, the parties have executed this Agreement with Volusia County for the Utilization of the Uniform Method of Collection of Non-Ad Valorem Assessments on the day and year written below. ATTEST: CITY OF EDGEWATER __________________________ By: _____________________________ Robin L. Matusick Michael Ignasiak City Clerk/Paralegal Mayor Dated: ATTEST: COUNTY OF VOLUSIA, FLORIDA By: James T. Dinneen County Manager City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2018-3238,Version:2 COUNCIL AGENDA ITEM SUBJECT: Fellowship of Christian Athletes Requesting Waiver of Ballfield Rental Fees DEPARTMENT: Parks & Recreation SUMMARY: Volusia Christian Athletes of East Volusia (FCA)is planning to host a 7-on-7 Passing Camp this summer.They would like to run the camp on Tuesday,June 12 and Tuesday,June 19,2018 from 8:45 AM-12:00 PM on both days at the Hawks Park Ballfield and Soccer Complex.Staff has contacted the YMCA Director to ensure that there is not a conflict of schedules. FCA is planning for a maximum of 8 teams.The teams provide the footballs and uniforms for their team.FCA will provide water &snacks.FCA would like to provide a cookout at the end of the camp on June 19.FCA will provide all of the food, supplies & needs for the cookout. FCA carries insurance to cover all coaches and athletes attending the camp.FCA also requires a signed waiver form for every coach and athlete. Fellowship of Christian Athletes of East Volusia (FCA) is a not for profit organization founded in 1954. The Fellowship of Christian Athletes has been challenging coaches and athletes on the professional, college, high school, junior high and youth levels to use the powerful medium of athletics to impact the world for Jesus Christ. FCA focuses on serving local communities by equipping, empowering and encouraging people to make a difference for Christ. For more information, their web site is <http://volusiafca.org/> As per City of Edgewater Resolution 2017-R-24,the rental of the ballfields would cost $35 per hour.FCA is respectfully requesting the City Council to waive the ballfield rental fee. BUDGETED ITEM:☐ Yes ☒ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☒ No ☐ Not Applicable RECOMMENDED ACTION: Recommend approval to waive the ballfield rental fees of $35 per hour. City of Edgewater Printed on 3/23/2018Page 1 of 2 powered by Legistar™ File #:AR-2018-3238,Version:2 City of Edgewater Printed on 3/23/2018Page 2 of 2 powered by Legistar™ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2018-3273,Version:1 COUNCIL AGENDA ITEM SUBJECT: Approval for contract for Chemicals - Water - Wastewater Treatment Plants - ITB 18-ES-005 DEPARTMENT: Finance SUMMARY: The City of Edgewater issued an Invitation to Bid January 30,2018 with the sole purpose and intent of obtaining Bids from qualified and licensed firms to provide various chemicals to be used at the city’s Water and Wastewater Treatment facilities. Submittals were received as follows: VENDOR CHEMICAL PRICE/Per Unit Corrosion Inhibitor Liquid Polyorthophosphate Brenntag Mid-South, Inc 4.95/gal Hawkins Inc 5.99/gal Shannon Chemicals Corp 27.77/gal High Calcium Bulk Quicklime Carmeuse Lime and Stone, Inc.244.70/ton Lhoist North America of Alabama, LLC 329.56/ton Liquid Aluminum Sulfate ChemTrade Chemicals US, LLC 0.5261/ gal Thatcher Chemical of Florida, Inc.0.6361/gal Liquid Sodium Hypochlorite Allied Universal Corp 0.497/gal Odyssey Manufacturing 0.525/gal Liquid Carbon Dioxide No Responsive bids submitted All submittals were reviewed and one submittal (Matheson Tri-Gas, Inc) was deemed to be a non-responsive bid. Per the stated evaluation criteria the award of contract shall be based on the lowest, compliant, qualified bidder(s). City of Edgewater Printed on 3/23/2018Page 1 of 2 powered by Legistar™ File #:AR-2018-3273,Version:1 Staff has rebroadcast an Invitation to Bid (ITB 18-ES-006) for Liquid Carbon Dioxide. BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☒ No ☐ Not Applicable RECOMMENDED ACTION: Motion to award and authorize the City Manager to execute Contracts to Brenntag Mid-South, Inc. for Corrosion Inhibitor Liquid Polyorthophosphate; to Carmeuse Lime and Stone, Inc. for High Calcium Bulk Quicklime; to ChemTrade Chemicals US, LLC for Liquid Aluminum Sulfate; and to Allied Universal Corp for Liquid Sodium Hypochlorite. City of Edgewater Printed on 3/23/2018Page 2 of 2 powered by Legistar™ open 3:02 PM Liquid Sodium Hypochlorite PRICE/Per gal PRICE/Per ton PRICE/Per gal No Responsive Bids submitted 4.95/gal High Calcium Bulk Quicklime Liquid Aluminum Sulfate Liquid Carbon Dioxide VENDOR Allied Universal Corp Odyssey 0.525/gal 0.497/gal VENDOR ChemTrade Chemicals 0.5261 gal/ VENDOR Thatchers Chemical 0.6361/gal PRICE/Per gal VENDOR Carmeuse Lhoist 329.56/ton 244.70/ton Shannon Chemicals Corp Hawkins Inc Brenntag 5.99/gal 27.77/gal BID OPENING March 6, 2018 - 3:00 p.m. VENDOR Corrosion Inhibitor Liquid Polyorthophosphate ITB 18-ES-005 - Chemicals for Water/Wastewater Treatment Plants PRICE/Per gal City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2018-3281,Version:1 COUNCIL AGENDA ITEM SUBJECT: 2018 Elections Polling Place Agreement for Precinct 901/910 DEPARTMENT: City Clerk/Legal SUMMARY: Each Election cycle,the City of Edgewater cooperates with the Supervisor of Elections by allowing them to utilize the Council Chambers for elections.The 2018 Polling Place Agreement is for the 2018 Election Cycle which will be the Florida Primary Election on August 28,2018 and the Florida General Election on November 6, 2018. The Elections Department requires the day prior and day after for set up. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to approve the 2018 Polling Place Agreement and authorize the City Manager to execute the Agreement. City of Edgewater Printed on 3/23/2018Page 1 of 1 powered by Legistar™ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2018-O-05,Version:2 ITEM DESCRIPTION: 2nd Reading -Ordinance No.2018-O-05:Randall &Alison Coslow requesting annexation of 1.16±acres of land located at 1833 North Pinedale Road. OWNER:Randall & Alison Coslow REQUESTED ACTION: Annexation LOCATION: 1833 North Pinedale Road AREA:1.16± acres PROPOSED USE: Single Family Residence CURRENT LAND USE: Single Family Residence FLUM DESIGNATION: Volusia County Urban Low Intensity ZONING DISTRICT:Volusia County A-3 (Transitional Agriculture) VOTING DISTRICT: 2 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Single Family Residence Volusia County Urban Low Intensity Volusia County A-3 (Transitional Agriculture) East Single Family Residence Low Density Residential R-2 (Single Family Residential) South Vacant Volusia County Urban Low Intensity Volusia County A-3 (Transitional Agriculture) West Vacant Volusia County Urban Low Intensity Volusia County A-3 (Transitional Agriculture) Background:The subject property contains a single family residence constructed in 1978.There are no proposed changes to the current use. An amendment to the Future Land Use and Zoning Map shall occur simultaneously with the annexation. The Planning and Zoning Board voted to send a favorable recommendation to City Council at their regular meeting of February 21, 2018. City Council approved the request at first reading on March 5, 2018. Land Use Compatibility: The property is adjacent to other existing single family residences. City of Edgewater Printed on 3/23/2018Page 1 of 2 powered by Legistar™ File #:2018-O-05,Version:2 Adequate Public Facilities:The property has access via North Pinedale Road; city water and wastewater are currently not available. Comprehensive Plan Consistency:The property is located within the Interlocal Service Boundary Area approved by Volusia County and contiguous to the existing City limits.Therefore the proposed annexation meets Objective 1.8 and the subsequent policies of the Future Land Use Element. RECOMMENDED ACTION Motion to approve Ordinance No. 2018-O-05. City of Edgewater Printed on 3/23/2018Page 2 of 2 powered by Legistar™ Struck through passages are deleted Underlined passages are added 2018-O-05 1 ORDINANCE NO. 2018-O-05 AN ORDINANCE ANNEXING 1.16± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 1833 NORTH PINEDALE ROAD (PARCEL IDENTIFICATION NUMBER 8438-01-00-0110), 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. Randall and Alison Coslow, owners, have applied for annexation of property located 1833 North Pinedale Road, within Volusia County, Florida. Subject property contains approximately 1.16± 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. 5. During the Planning and Zoning Board meeting on February 14, 2018, the Board recommended that the property be annexed into the City of Edgewater. Struck through passages are deleted Underlined passages are added 2018-O-05 2 NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, 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. Struck through passages are deleted Underlined passages are added 2018-O-05 3 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 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 Councilman Conroy with Second by Councilwoman Power, the vote on the second reading/public hearing of this ordinance held on March 5, 2018 was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power X Councilwoman Amy Vogt ABSENT Councilman Dan Blazi X Councilman Gary T. Conroy X Struck through passages are deleted Underlined passages are added 2018-O-05 4 After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on April 2, 2018 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 2nd day of April, 2018. 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 2nd day of April, 2018 under Agenda Item No. 8 . Struck through passages are deleted Underlined passages are added 2018-O-05 5 EXHIBIT “A’ LEGAL DESCRIPTION The Northerly 150.25 feet of the Easterly 337.5 feet of Lot Eleven (11), lying North of State Road No. 442, a 120 foot right of way, ASSESSOR'S SUBDIVISION, of the Samuel Betts Grant, according to map or plat thereof as recorded in Map Book 3, Page 153, of the Public Records of Volusia County, Florida: Together with a permanent, non-exclusive easement for ingress and egress purposes over the following described land, lying in Volusia County, Florida: The Westerly 50 feet of the Easterly 387.5 feet of Lots Ten (10) and Eleven (11), ASSESSOR'S SUBDIVISION, of the Samuel Betts Grant, according to map or plat thereof as recorded in Map Book 3, Page 153, of the Public Records of Volusia County, Florida. Containing 1.16± acres more or less This legal description includes any/all adjoining right-of-way relating to the subject property. Struck through passages are deleted Underlined passages are added 2018-O-05 6 EXHIBIT “B” MAPL EWOODDRUMBRELLA TREE DRPI NEDALE RDWI LLOW OAK DRVI CTORY PAL M DRW IN D IA N R IV E R B L V D . Su bject Property Date : 1/12/2018 . Date : 1/12/2018 Su bject Property City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2018-O-06,Version:2 ITEM DESCRIPTION: 2nd Reading -Ordinance No.2018-O-06:Randall &Alison Coslow requesting an amendment to the Future Land Use Map to include 1.16± acres of land located at 1833 North Pinedale Road as Low Density Transition. OWNER:Randall & Alison Coslow REQUESTED ACTION: Amend the Future Land Use Map to include property as Low Density Transition. LOCATION: 1833 North Pinedale Road AREA:1.16± acres PROPOSED USE: Single Family Residence CURRENT LAND USE: Single Family Residence FLUM DESIGNATION: Volusia County Urban Low Intensity ZONING DISTRICT:Volusia County A-3 (Transitional Agriculture) VOTING DISTRICT: 2 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Single Family Residence Volusia County Urban Low Intensity Volusia County A-3 (Transitional Agriculture) East Single Family Residence Low Density Residential R-2 (Single Family Residential) South Vacant Volusia County Urban Low Intensity Volusia County A-3 (Transitional Agriculture) West Vacant Volusia County Urban Low Intensity Volusia County A-3 (Transitional Agriculture) Background:The subject property contains a single family residence constructed in 1978.There are no proposed changes to the current use. Annexation and an amendment to the Zoning Map shall occur simultaneously with the Future Land Use Map amendment. The Planning and Zoning Board voted to send a favorable recommendation to City Council at their regular meeting of February 21, 2018.City Council approved the request at first reading on March 5,2018.The proposed amendment was submitted to the Volusia Growth Management Commission for Certification on March 7, 2018, City of Edgewater Printed on 3/23/2018Page 1 of 2 powered by Legistar™ File #:2018-O-06,Version:2 Land Use Compatibility: The property is adjacent to other existing single family residences. Adequate Public Facilities:The property has access via North Pinedale Road;city water and wastewater are currently not available. The property is currently developed with a single family residence and there are no proposed changes to the use,therefore there will be no additional impacts on public facilities. 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. The ULI designation is primarily a residential designation but may also allow neighborhood convenience uses (see Shopping Center definition in Chapter 20)and individual office buildings as transitional uses that meet the Comprehensive Plan's location criteria.The commercial intensity shall be limited to no more than a fifty percent Floor Area Ratio (0.50 FAR)and in a manner to be compatible with the allowable residential density.In order to be considered compatible,the commercial development should be oriented to serve adjacent neighborhoods,reflect comparable traffic generation,similar traffic patterns,building scale,landscaping and open space and buffers.Due to the nature of some of the commercial uses,additional landscaping and visual screening shall be provided through the BPUD process when adjacent to low density residential in order to preserve the character of the neighborhood.More intensive neighborhood commercial use shall be reserved to areas designated for Commercial. City of Edgewater Low Density Transition allows for up to one (1) dwelling unit per acre and provides for limited agriculture while acting as a transition between rural and residential land uses. The proposed land use is the most compatible residential land use designation in comparison to the County Low Density Transition designation. RECOMMENDED ACTION Motion to approve Ordinance No. 2018-O-06. City of Edgewater Printed on 3/23/2018Page 2 of 2 powered by Legistar™ Strike through passages are deleted. Underlined passages are added. 1 #2018-O-06 ORDINANCE NO. 2018-O-06 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY URBAN LOW INTENSITY TO CITY LOW DENSITY TRANSITION FOR 1.16± ACRES OF CERTAIN REAL AT 1833 NORTH PINEDALE ROAD (PID 8438-01-00-0110), 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; 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 F.S. §163. WHEREAS, the Planning and Zoning Board, sitting as the City’s Local Planning Agency, held a Public Hearing pursuant to F.S. §163.3174 on Wednesday, February 14, 2018, on the proposed Plan Amendment; 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: Strike through passages are deleted. Underlined passages are added. 2 #2018-O-06 PART A. AMENDMENT. The Comprehensive Plan, adopted pursuant to Ordinance 81-O-10, regulating and restricting the use of lands located within the City of Edgewater, Florida, shall be amended by including property described in Exhibits “A” and “B” on the Official Future Land Use Map as Commercial. PART B. PUBLICATION. Notice of this proposed change to the Edgewater Comprehensive Plan shall be published in the manner prescribed by F.S. §163.3184. 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 pursuant to F.S. §163.3184 for the purpose of transmitting the proposed amendment to the Volusia Growth Management Commission and Florida Department of Economic Opportunity. 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 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 Strike through passages are deleted. Underlined passages are added. 3 #2018-O-06 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. PART H. ADOPTION. After Motion to approve by Councilman Conroy with Second by Councilwoman Power, the vote on the second reading/public hearing of this ordinance held on March 5, 2018 was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power X Councilwoman Amy Vogt ABSENT Councilman Dan Blazi X Councilman Gary T. Conroy X Strike through passages are deleted. Underlined passages are added. 4 #2018-O-06 After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on April 2, 2018, 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 2nd day of April, 2018. 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 2nd day of April, 2018 under Agenda Item No. 8 . Strike through passages are deleted. Underlined passages are added. 5 #2018-O-06 EXHIBIT “A” LEGAL DESCRIPTION The Northerly 150.25 feet of the Easterly 337.5 feet of Lot Eleven (11), lying North of State Road No. 442, a 120 foot right of way, ASSESSOR'S SUBDIVISION, of the Samuel Betts Grant, according to map or plat thereof as recorded in Map Book 3, Page 153, of the Public Records of Volusia County, Florida: Together with a permanent, non-exclusive easement for ingress and egress purposes over the following described land, lying in Volusia County, Florida: The Westerly 50 feet of the Easterly 387.5 feet of Lots Ten (10) and Eleven (11), ASSESSOR'S SUBDIVISION, of the Samuel Betts Grant, according to map or plat thereof as recorded in Map Book 3, Page 153, of the Public Records of Volusia County, Florida. Containing 1.16± acres more or less Strike through passages are deleted. Underlined passages are added. 6 #2018-O-06 EXHIBIT “B” MAPL EWOODDRUMBRELLA TREE DRPI NEDALE RDWI LLOW OAK DRVI CTORY PAL M DRW IN D IA N R IV E R B L V D . Su bject Property Date : 1/12/2018 . Date : 1/12/2018 Su bject Property PI NEDALE RDWI LLOW OAK DRVI CTORY PALM DRMAPL EWOOD DRTRAVELERS PALM DRUMBRELLA TREE DRSABAL PALM DRWI LL OW OAK DRVI CTORY PALM DRPI NEDALE RDUMBRELLA TREE DRW IN D IA N R IV E R B L V 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. The City of Edgewater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map. Subject PropertyParcel: 8438-01-00-0110 Proposed City: Low Density TransitionPINEDALE RDWI LLOW OAK DRVI CTORY PALM DRMAPL EWOOD DRTRAVELERS PALM DRUMBRELLA TREE DRSABAL PALM DRWI LL OW OAK DRVI CTORY PALM DRPI NEDALE RDUMBRELLA TREE DRW IN D IA N R IV E R B L V D . . Date: 1/12/2018 Date: 1/12/2018 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. The City of Edgewater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map. Subject PropertyParcel: 8438-01-00-0110 Current County Future Land Use:ULI - 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 STRIAL 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 #:2018-O-07,Version:2 ITEM DESCRIPTION: 2nd Reading -Ordinance No.2018-O-07:Randall &Alison Coslow requesting an amendment to the Official Zoning Map to include 1.16± acres of land located at 1833 North Pinedale Road as RT (Rural Transitional). OWNER:Randall & Alison Coslow REQUESTED ACTION:Amendment to the Official Zoning Map to include 1.16±acres of land as RT (Rural Transitional) LOCATION: 1833 North Pinedale Road AREA:1.16± acres PROPOSED USE: Single Family Residence CURRENT LAND USE: Single Family Residence FLUM DESIGNATION: Volusia County Urban Low Intensity ZONING DISTRICT:Volusia County A-3 (Transitional Agriculture) VOTING DISTRICT: 2 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Single Family Residence Volusia County Urban Low Intensity Volusia County A-3 (Transitional Agriculture) East Single Family Residence Low Density Residential R-2 (Single Family Residential) South Vacant Volusia County Urban Low Intensity Volusia County A-3 (Transitional Agriculture) West Vacant Volusia County Urban Low Intensity Volusia County A-3 (Transitional Agriculture) Background:The subject property contains a single family residence constructed in 1978.There are no proposed changes to the current use. Annexation and an amendment to the Future Land Use shall occur simultaneously with the Zoning Map amendment. Adjacent property owners were notified of the request on February 2, 2018; staff has not received any objections. The Planning and Zoning Board voted to send a favorable recommendation to City Council at their regular meeting of February 21, City of Edgewater Printed on 3/23/2018Page 1 of 2 powered by Legistar™ File #:2018-O-07,Version:2 2018. City Council approved the request at first reading on March 5, 2018. Land Use Compatibility: The property is adjacent to other existing single family residences. Adequate Public Facilities:The property has access via North Pinedale Road; city water and wastewater are currently not available. Comprehensive Plan Consistency: Per Article III,Table III-1 the requested zoning designation of RT (Rural Transitional)is compatible with the Low Density Transition Future Land Use designation. RECOMMENDED ACTION Motion to approve Ordinance No. 2018-O-07. City of Edgewater Printed on 3/23/2018Page 2 of 2 powered by Legistar™ Strike through passages are deleted. Underlined passages are added. 1 #2018-O-07 ORDINANCE NO. 2018-O-07 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY A-3 (TRANSITIONAL AGRICULTURE) TO CITY RT (RURAL TRANSITIONAL) FOR 1.16± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 1833 NORTH PINEDALE ROAD, 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. Randall and Alison Coslow are the owners of property located at 1833 North Pinedale Road, within Volusia County, Florida. Subject property contains approximately 1.16± acres. 2. The owners have submitted an application for a change in zoning classification from County A-3 (Transitional Agriculture) to City RT (Rural Transitional) for the property described herein. 3. On February 14, 2018, the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification. 4. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 5. The proposed change in zoning classification is not contrary to the established land use pattern. 6. The proposed change in zoning classification will not adversely impact public facilities. 7. The proposed change in zoning classification will not have an adverse effect on Strike through passages are deleted. Underlined passages are added. 2 #2018-O-07 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 is hereby changed from County A-3 (Transitional Agriculture) to City RT (Rural Transitional), for the property described in Exhibits “A” & B”. PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If 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. Strike through passages are deleted. Underlined passages are added. 3 #2018-O-07 PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion to approve by Councilman Conroy with Second by Councilwoman Power, the vote on the second reading/public hearing of this ordinance held on March 5, 2018 was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power X Councilwoman Amy Vogt ABSENT Councilman Dan Blazi X Councilman Gary T. Conroy X Strike through passages are deleted. Underlined passages are added. 4 #2018-O-07 After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on April 2, 2018, 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 2nd day of April, 2018. 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 2nd day of April, 2018 under Agenda Item No. 8 . Strike through passages are deleted. Underlined passages are added. 5 #2018-O-07 EXHIBIT “A” LEGAL DESCRIPTION The Northerly 150.25 feet of the Easterly 337.5 feet of Lot Eleven (11), lying North of State Road No. 442, a 120 foot right of way, ASSESSOR'S SUBDIVISION, of the Samuel Betts Grant, according to map or plat thereof as recorded in Map Book 3, Page 153, of the Public Records of Volusia County, Florida: Together with a permanent, non-exclusive easement for ingress and egress purposes over the following described land, lying in Volusia County, Florida: The Westerly 50 feet of the Easterly 387.5 feet of Lots Ten (10) and Eleven (11), ASSESSOR'S SUBDIVISION, of the Samuel Betts Grant, according to map or plat thereof as recorded in Map Book 3, Page 153, of the Public Records of Volusia County, Florida. Containing 1.16± acres more or less Strike through passages are deleted. Underlined passages are added. 6 #2018-O-07 EXHIBIT “B” MAPL EWOODDRUMBRELLA TREE DRPI NEDALE RDWI LLOW OAK DRVI CTORY PAL M DRW IN D IA N R IV E R B L V D . Su bject Property Date : 1/12/2018 . Date : 1/12/2018 Su bject Property SABAL PALM DRUMBREL LA T REE DRMAPLEWOOD DRPI NEDAL E RDTRAVELERS PALM DRWI LLOW OAK DRVI CTORY PALM DRW IN D IA N R IV E R B L V 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. The City of Edgewater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map. Subject PropertyParcel: 8438-01-00-0110 Proposed City Zoning:RT - Rural TransitionalSABAL PALM DRUMBREL LA T REE DRMAPLEWOOD DRPI NEDAL E RDTRAVELERS PALM DRWI LLOW OAK DRVI CTORY PALM DRW IN D IA N R IV E R B L V D .. Date: 1/12/2018 Date : 1/12/2018 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. The City of Edgewater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map. Subject PropertyParcel: 8438-01-00-0110 Current County Zoning:A-3A - Transitional Agricultural . County Zoning A-1 A-2 A-2 (1) A-3 A-3 (1) A-3A 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 MP UD 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) ZoningAgricultureRT - Rural TransitionalR1 - Single Family ResidentialR2 - Single Family ResidentialR3 - Single Family ResidentialR4 - Multi Family ResidentialR5 - Multi Family ResidentialRPUD-Residential Planned Unit DevelopmentRP - Residential ProfessionalMH1 - Mobile Home ParkMH2 - Manufactured Home B2 - Neighborhood BusinessB3 - Higway CommercialB4 - Tourist CommercialI1 - Light IndustrialI2 - Heavy IndustrialIPUD - Industrial Planned Unit Development R - RecreationP/SP - Public/Semi-PublicC - ConservationMPUD - Mixed Use Planned Unit DevelopmentSCD/PUD-Sustainable Community Development Planned Unit DevelopmentRetains County Zoning City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2018-R-05,Version:2 COUNCIL AGENDA ITEM SUBJECT: Resolution 2018-R-05 - Water Bill Excessive Use Policy DEPARTMENT: City Manager SUMMARY: Attached is an addition to the current Administrative Policies that would permit staff to formally consider a credit to a utility customers account,upon the filing of a request for an adjustment for an Excessive Use Credit, for found and repaired leaks on the customers side as well as for abnormal unexplained usage. The policy is an effort to efficiently address these occurrence by avoiding the time and expense of an administrative hearing regarding a disputed abnormally high utility bill.The Policy is also advantageous from a staff time and customer goodwill standpoint to operate a functioning utility bill adjustment program.The program that permits an adjustment to be considered as an Excessive Usage Credit (EUC)will be considered by the City at the customer’s request for customers meeting certain criteria. The Policy allows an adjustment for high bills as a result of excessive water use for the following scenarios: ·Leak at Property -Covers leaks within (interior plumbing or appliances)and outside (service line on the customers side of the meter) of the structure. ·High Use -Cause Known -Covers excessive water use for which the cause is known.As an example,a family member or gardener accidently left outside hose running for an extended period of time.Other examples are a timing/cycling issue on equipment, such as water softener. ·High Use -Cause Unknown -Covers excessive water use for which the cause is unknown.As an example,high use is experienced for a single billing period and then usage pattern returns to normal average per day consumption as compared to previous average per day in previous billing cycles.Field investigation has confirmed accurate meter reading and is unable to determine the cause or such cause has repaired itself and has created a single incident of higher than expected water use.An example may be a toilet flapper had a single incident that remained open for a period of time. ·Pool Fill (waste water adjustment only)-.Adjustments to waste water portion may be considered for initial construction/fill and at times documented repairs are provided.Note:intermittent adding water to a pool,shall not qualify for an adjustment.No adjustments shall be made for the following:pools with a design depth of less than three feet;hot tubs;spas;ponds;aquarium or fish ponds;outdoor fun equipment, or waterbeds City of Edgewater Printed on 3/23/2018Page 1 of 2 powered by Legistar™ File #:2018-R-05,Version:2 However, no adjustments will be granted where any of the following situations exist: ·Usage above the customer's average monthly consumption is due to seasonal usage such as watering of sod,gardening,or whirlpools,washing vehicles,holidays which may host additional people further increasing usage, etc. ·Leak was caused by a third party from whom the customer is able to recover their costs.Examples include,but are not limited to,rental,theft,vandalism,negligence and construction damage.Proof that attempt was made to recover cost such as police report from theft,or other supporting documentation that efforts were made, must be provided with adjustment form. ·When leak continues for three (3)or more months,there will be no adjustment for the third or subsequent months. ·The meter at said property has been accessed,tampered with,or turned on/off by anyone other than a City of Edgewater employee and that action results in loss of water. ·Excessive use due to intentional negligence by customer/occupant ·A leak adjustment was issued within the past two (2) years for the same premise. Once a customer notifies the City of Edgewater about a possible high bill that may be related to a leak,the policy will provide an opportunity for consideration for leak adjustments for water and waste water or water only usage charges caused by a leak that occurred on the customer’s side of the meter.To be eligible for consideration,the consumption will need to exceed the average monthly usage for the billing cycle by twice the average over the previous twelve (12) month period. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Staff recommends approval of Resolution 2018-R-05 and authorize the Mayor to sign the Policy. City of Edgewater Printed on 3/23/2018Page 2 of 2 powered by Legistar™ 2018-R-05 1 RESOLUTION #2018-R-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; APPROVING THE WATER BILL EXCESSIVE USE CREDIT POLICY REPEALING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council wishes to establish a policy to effectively and efficiently avoid the time and expense of an administrative hearing regarding a disputed abnormally high utility bill; and WHEREAS, the City Council finds it advantageous from a staff time and customer goodwill standpoint to operate a functioning utility bill adjustment program; and WHEREAS, the Water Bill Excessive Use adjustment program is created to efficiently address high water bills from leaks on the customer side of the meter and abnormal unexplained usage; and WHEREAS, the program will permit an adjustment as an Excessive Usage Credit (EUC) to be considered by the City at the customer’s request for customers meeting certain criteria. NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida as follows: Section 1. The City Council has determined that the policy titled “Water Bill Excessive Use Credit Policy” (attached hereto and incorporated herein) is hereby established and approved for inclusion into the Administrative Policy Manual. Section 2. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any Court, such portion or application shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions or applications hereof. 2018-R-05 2 Section 3. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 4. This resolution shall take effect immediately upon its adoption. Section 5. After a motion to approve by _________________________________________ with second by ___________________________________________, the vote on this resolution was as follows: AYE NAY Mayor Michael Ignasiak Councilwoman Christine Power Councilwoman Amy Vogt Councilman Dan Blazi Councilman Gary Conroy PASSED, APPROVED AND ADOPTED this 2nd day of April, 2018. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA ____________________________ By: ____________________________ Robin Matusick Michael Ignasiak City Clerk/Paralegal Mayor ________________________________ Robin L. Matusick Paralegal 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 2nd day of April, 2018 under Item #_____ City of Edgewater ADMINISTRATIVE POLICIES AND PROCEDURES Section: City Council Subject: Water Bill Excessive Use Credit Policy Date: 4/2/2018 Page 1 of 4 100.07 Water Bill Excessive Use Credit Policy Purpose: To avoid the time and expense of an administrative hearing regarding a disputed abnormally high utility bill, the City Council finds it advantageous from a staff time and customer goodwill standpoint to operate a functioning utility bill adjustment program for leaks on the customer side of the meter and abnormal unexplained usage. The program that permits an adjustment as an Excessive Usage Credit (EUC) will be considered by the City at the Customer’s request for Customers meeting certain criteria. Responsibility: It is a property owner’s responsibility to ensure water conservation, that pipes, plumbing, and water using fixtures on their side of the meter box are properly maintained. While there are times when it is appropriate to adjust a customer’s bill due to circumstances on their private plumbing, it is inappropriate for an adjustment of this nature to place an unfair financial burden on other water customers. It is unfair to those customers who experience no leaks or plumbing problems to pay for those problems incurred by another’s private plumbing. It is equally in appropriate, and a violation of the Utility’s bond covenants, for the Utility to provide water service at no charge. This policy is written to allow adjustments under appropriate circumstances. However, this policy is not intended to allow one individual’s private issues to have an unfair rate impact on other customers or to violate the city’s bond covenants or the City of Edgewater’s Code of Ordinances. Guideline: The City of Edgewater may provide an adjustment for high bills as a result of excessive water use for the following scenarios:  Leak at Property – Covers leaks within (interior plumbing or appliances) and outside (service line on the customers side of the meter) of the structure.  High Use – Cause Known – Covers excessive water use for which the cause is known. As an example, a family member or gardener accidently left outside hose running for an extended period of time. Other examples are a timing/cycling issue on equipment, such as water softener.  High Use – Cause Unknown – Covers excessive water use for which the cause is unknown. As an example, high use is experienced for a single billing period and then usage pattern returns to normal average monthly consumption as compared to previous average per day in previous billing cycles. Field investigation has confirmed accurate meter reading and is unable to determine the cause or such cause has repaired itself and has created a single incident of higher than expected water use. An example may be a toilet flapper had a single incident that remained open for a period of time.  Pool Fill (waste water adjustment only) -. Adjustments to waste water portion may be considered for initial construction/fill and at times documented repairs are provided. Note: intermittent adding water to a pool, shall not qualify for an adjustment. No adjustments shall be made for the following: pools with a design depth of less than three feet; hot tubs; spas; ponds; aquarium or fish ponds; outdoor fun equipment, or waterbeds However, no adjustments will be granted where any of the following situations exist: City of Edgewater ADMINISTRATIVE POLICIES AND PROCEDURES Section: City Council Subject: Water Bill Excessive Use Credit Policy Date: 4/2/2018 Page 2 of 4 100.07 Water Bill Excessive Use Credit Policy  Usage above the customer's average monthly consumption is due to seasonal usage such as watering of sod, gardening, or whirlpools, washing vehicles, holidays which may host additional people further increasing usage, etc.  Leak was caused by a third party from whom the customer is able to recover their costs. Examples include, but are not limited to, rental, theft, vandalism, or construction damage.  When leak continues for three (3) or more months, there will be no adjustment for the third o r subsequent months.  The meter at said property has been accessed, tampered with, or turned on/off by anyone other than a City of Edgewater employee and that action results in loss of water.  Excessive use due to intentional negligence by customer/occupant  A leak adjustment was issued within the past two (2) years for the same premise. Only the registered utility account holder may request for an adjustment. A leak adjustment request will be denied if the request contains any inaccurate or fraudulent information. Policy: 1) Once a customer notifies the City of Edgewater about a possible high bill that may be related to a leak, the City policy is to provide consideration for leak adjustments for water and waste water or water only usage charges caused by a leak that occurred on the customer’s side of the meter. The consumption will need to exceed the average monthly usage for the billing cycle by twice the monthly average usage over the previous twelve (12) month period dependent upon the type of leak. This average will not include any bills that have been estimated or tha t have usage and/or non- occupancy of premise. 2) If a leak occurs on a readily available water pipe (toilet leak, leaking faucet, leaking hose bib, etc.) the water use for customers on residential rates will have the water consumption charges returned to the lowest residential tier for the amount in excess of the average monthly consumption for the billing cycle. Adjustments for waste water charges will be equally applied based on final adjusted average of water consumption charge. 3) Adjustments to water consumption will still include appropriate tiered rates. 4) If there is usage registered that is above the monthly average greater than twice the average on the meter and a plumber (or utilities operations staff) can find no plumbing related problem and the usage has returned to the monthly average consumption, the customer may request a financial adjustment to the City of Edgewater Finance Department, Utility Customer Services. 5) The City staff will have the authority, as identified below, to adjust leaks based on consumption usage which exceeds twice the normal monthly consumption average based on a monthly average usage for both water and waste water for the previous twelve (12) months. City of Edgewater ADMINISTRATIVE POLICIES AND PROCEDURES Section: City Council Subject: Water Bill Excessive Use Credit Policy Date: 4/2/2018 Page 3 of 4 100.07 Water Bill Excessive Use Credit Policy 6) Once a City of Edgewater Finance Department employee or representative notifies a customer of a water leak and it is not repaired in forty eight hours, it may result in the disconnection of service until such time as the leak is repaire d. (The time may vary dependent upon water conservation mandates.) 7) Financial adjustments associated to billed usage/consumption will be allowed one (1) per every two (2) years per customer’s Account/Premise. Procedures: 1) Water leak adjustments must be requested by contacting the City of Edgewater Finance Department, Utility Customer Services and must be accompanied by a completed Utility Adjustment Request Form along with any plumber’s receipt or other proof of the repair when applicable. 2) After all documentation has been received by the Finance Department, Utility Customer Services, a determination is made regarding what type of leak this is/is not and if the leak is adjustable or not and notification is made to the requesting account holder stating approval or disapproval of the requested adjustment. 3) The determination may require contact with repair company/plumber to correct any confirmed leaks. 4) A leak adjustment may occur only after all known leaks have been repaired or any exceptional unexplained consumption has been verified by a plumber and/or utilities field staff, and/or usage has returned to its previous normal average and may require a verified meter read by city utilities personnel. 5) While an adjustment request is being processed, the customer is responsible to pay at least an amount equal to their prior month’s bill in order to remain in good standing on all current billings. Upon determination of adjustment request all remaining balances will be applied to the account and due on the next bill cycle. If this does not occur, the customer is subject to all current and applicable fees, collection and termination of services, processes, and procedures. 6) Average monthly usage will be calculated based on average monthly consumption using the previous twelve (12) consecutive bills. This average will not include any bills that have been estimated or that have zero usage and/or non- occupancy of premise. 7) Average monthly usage for customers that have little or no usage history will be estimated at the current City-wide average based on the use type of the type of occupancy associated with the account. 8) Leak adjustments will only cover a two month consecutive period. Approving Authority:  Utilities Customer Service employees shall have authority to approve a leak adjustment of up to $100.  Utilities Customer Service Supervisors shall have authority to approve a leak adjustment of up to $500.  Finance Director shall have authority to approve a leak adjustment of up to $1,000. City of Edgewater ADMINISTRATIVE POLICIES AND PROCEDURES Section: City Council Subject: Water Bill Excessive Use Credit Policy Date: 4/2/2018 Page 4 of 4 100.07 Water Bill Excessive Use Credit Policy  City Manager shall have authority to approve a leak adjustment of up to $1,500.  All adjustment requests over $1,500 will be considered by the City Council. No member of City staff shall process leak adjustments for themselves, family members, friends, co -workers, or for rental units they own or manage. All adjustments for these categories must be processed by th e next higher level of supervisor. The Finance Director shall consider approval of adjustments for supervisors. A monthly report of all adjustments shall be submitted to and reviewed by the Finance Director. ADDITIONAL INFORMATION, REQUIREMENT AND RESPONSIBILITIES It shall be the responsibility of the Finance Director to monitor and update this policy. Approved: _____________________________________ ____________ Michael Ignasiak, Mayor Date City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2018-3271,Version:2 COUNCIL AGENDA ITEM SUBJECT: Recreation and Cultural Services Board -Councilman Conroy's appointment due to the expired term of Laura Konters, who is seeking reappointment. DEPARTMENT: Parks & Recreation SUMMARY: Laura Bernstein,now Laura Konters,was appointed to the Recreation and Cultural Services Board on February 1, 2016 to fill a vacancy on the Board. Ms.Konters’term expired November 7,2017.Ms.Konters has expressed an interest to be reappointed to the Board.At the Recreation and Cultural Services Board meeting held on February 22,2018,the Board unanimously voted to reappoint Laura Konters for a three year term that will expire April 2, 2021. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to reappoint Ms.Laura Konters to the Recreation and Cultural Services Board for a three year term that will expire April 2, 2021. City of Edgewater Printed on 3/23/2018Page 1 of 1 powered by Legistar™ 1 Andrea Simmons From:Laura <nikechic23@aol.com> Sent:Tuesday, January 09, 2018 11:51 AM To:Andrea Simmons Subject:Re: Rec board - Laura Follow Up Flag:Follow up Flag Status:Flagged Yes please! It has been my pleasure to serve on the Recreation and Cultural Services Board. My appointment expired on November 7, 2017. This message expresses my desire to be re-appointed to the Recreation and Cultural Services Board for another term. Laura Konters Sent from my iPhone > On Jan 9, 2018, at 11:14 AM, Andrea Simmons <asimmons@cityofedgewater.org> wrote: > > Hi Laura, > Happy New Year! It has come to my attention that it is time to reappoint you to the board. If that is your desire, start by making a formal request to be reappointed. You can do that by sending me an e-mail message something like the one below. Then we will get your reappointment on the next RCS Board meeting agenda and send it on to Council for approval. > > "It has been my pleasure to serve on the Recreation and Cultural Services Board. My appointment expired on November 7, 2017. This message expresses my desire to be re-appointed to the Recreation and Cultural Services Board for another term." > > Best Regards, > Andrea Simmons > > Parks & Recreation > City of Edgewater > > E-mail: asimmons@cityofedgewater.org > Web: www.CityofEdgewater.org > Phone: (386) 424-2400 x 7204 > Fax: (386)424-2416 > > > -----Original Message----- > From: Samantha Bergeron > Sent: Monday, January 08, 2018 7:46 PM > To: Andrea Simmons > Subject: Rec board - Laura > > Laura’s term was up in November... is she interested to be re-appointed? if so we need something in writing from her and place on council agenda along with any other interested applicants. 2 > > Thanks so much! > > Samantha Bergeron > City of Edgewater > Parks & Recreation Director > Office: 386-424-2400 x 7201 > Cell: 386-290-0585 > > ________________________________ > [City Website]<http://www.edgewaterfl.gov> [Facebook] <https://www.facebook.com/CityofEdgewater> [Twitter] <https://twitter.com/cityofedgewater> [YouTube] <https://www.youtube.com/channel/UCI_r0uHACBVupYf2slPWXkw> [Newsletter] <http://www.cityofedgewater.org/how-do-i/receive-email-notifications> [Mobile App] <http://cportal.operationslob.com/mobile/?appcode=edgewaterfl> > City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2018-3270,Version:1 COUNCIL AGENDA ITEM SUBJECT: Mark Karet,Zev Cohen &Associates,requesting the removal of two (2)historic trees on property located at 412 West Park Avenue and 418 West Park Avenue. DEPARTMENT: Development Services SUMMARY: The property is located south of West Park Avenue and currently contains several parcels.The property owner is proposing to construct an RV and Boat Storage facility.An arborist contracted by the applicant visited the site to inspect the trees.Per the Arborist’s report,tree #1 (40-inch Live Oak)is healthy;however,the location of the tree is not conducive to the proposed conceptual plan for the development.Tree #3 (45-inch Live Oak)has suffered significant damage and is in distress;the report indicated the tree is likely to continue to fail. Due to the condition of tree #3 staff recommends authorization for removal with no replacement required. Per Section 21-55.03(b)of the Land Development Code (LDC),historic tree #1 is healthy per the Arborist Report;therefore staff recommends authorization for removal of the subject tree and for Council to: 1.Require the replacement of historic trees at a ratio of one inch (1”)diameter to one inch (1”)diameter of replacement trees (40” = 16 trees @ minimum 2.5” diameter), or 2.Require the payment of money per Section 21-311 equivalent to the replacement cost of the replacement trees.Per Resolution 2017-R-24, historic tree removal permit costs are $5.00 per square inch ($5.00 x 1,256” = $6,280). BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to approve the removal of two (2)historic trees,upon site plan approval and the issuance of a clearing permit;with the condition that the applicant and/or property owner mitigate the removal of historic tree #1 as provided in Section 21-55.03(b)of the LDC prior to the issuance of a Certificate of Occupancy. City of Edgewater Printed on 3/23/2018Page 1 of 1 powered by Legistar™ To: Mayor & Council Via: Development Services Department From: Mark Karet, Director of Planning & Landscape Architecture Subject: Historic Tree Removal Request Barracuda Boat & RV Storage Edgewater (ZC 17142) Date: March 8, 2018 This is a request pursuant to Article V, Section 21-55.05 of the City of Edgewater Land Development Code to remove 2 historic trees from an 8.7± acre site located on the south side of W. Park Avenue about 140± linear feet west of Flagler Avenue. The property owner, Barracuda Boat & RV LLC, plans to make a $3 million investment in the site to establish a new business called “Barracuda Boat & RV Storage Edgewater”. It is my understanding that an arborist report has been provided to City under separate cover. Zev Cohen & Associates is currently developing the site plan for this new business. In the process of surveying the property it was discovered that it contains 5 live oak trees that exceed the 36” diameter that defines a historic live oak tree as listed in Section 21-55.06. These 5 trees are shown on the attached Historic Tree Exhibit. The Historic Tree Exhibit shows the location of the site’s historic trees in relation to the proposed improvements. The 2 trees identified as tree #1 and #3 are the subjects of this request. Three of the 5 historic trees on the site will be preserved within the tree protection and landscaping buffer planned for the eastern boundary of the site. However, we are requesting your approval to remove tree #3 because it is severely damaged and is experiencing decline and decay. As a result of the damage it is not a tree of the significance that the LDC seeks to protect. We are requesting your approval to remove tree #1 because we believe that once the site is developed for the owner’s intended use; its exposed location without surrounding trees will subject it to progressively more damage during windstorms. Although it is a healthy tree, it should be noted that the tree has already sustained minor wind damage. Since the business’s purpose is to store and safeguard their customers’ boats and RV’s, our client is Historic Tree Removal Request ZC 17142 March 8, 2018 Page 2 of 2 concerned about the possible damage and potential liability associated with the tree remaining in place. Tree number #1 is a healthy 40” live oak. We propose to replace this tree in the site plan submittal that we will soon be making to your staff in accordance with the provisions of Section 21-55.03(b). Tree #3 is a 45” live oak tree that is significantly damaged. In accordance with Section 21- 55.03(b), we do not plan to provide mitigation for this tree. CC: Michelle Shugar Michael Stanley Arbor Report March 4, 2018 Bonnie Brown City of Edgewater Senior Planner 386-424-2400 ext. 1502 bbrown@cityofedgewater.org Re: Edgewater Boat and RV Storage; Tree Health Assessment for (8) oak trees INTRODUCTION: This report details a site review to confirm species, verify size, and provide an overall tree health assessment for eight (8) oak trees located at the proposed Edgewater Boat and RV Storage site located at the SW corner of Park Avenue and Flagler Avenue, Edgewater, Florida. (Figure 1, 2). Figure 1. Aerial View Edgewater Boat & RV Storage Project site. Figure 2. Aerial view of (8) reviewed oak trees All trees reviewed were evaluated for overall health and to determine the percent of Live Crown Ratio (LCR). Live Crown Ratio is a useful measurement to indicate tree vigor using a ratio of crown length to total tree height or the percentage of a tree’s total height that has foliage. Each tree was also measured for Diameter at Breast Height (DBH) using a standard forestry DBH tape to determine if they are considered Historic trees based on the City of Edgewater, Land Development Code. The City of Edgewater, Land Development Code defines Historic trees and Tree Removal Permit Standards: 21-55.03 - Tree Removal Permit Standards a. Existing trees may be relocated to suitable areas on same site in accordance with sound industry practices, refer to Section 21-311. b. All mitigated (replaced or relocated) trees shall be a minimum of 2.5 inches measured six inches (6”) above the soil line or 10-feet in height above the soil line. Historic tree removal permits granted by the City Council shall have the following options: 1. Determine the tree to be removed is in such a condition that it is hazardous to the surrounding area or structure(s) that no replacement is necessary, or 2. Require the replacement of historic trees at a ratio of one inch (1”) diameter to one inch (1”) diameter of replacement trees, or 3. Require the payment of money per Section 21-311 equivalent to the replacement cost of the replacement trees. 21-55.05 - Historic Trees Historic trees shall only be removed upon approval of a Tree Removal Permit granted by the City Council. Historic trees are those listed in Section 21-55.06 that reach 36-inches DBH with the exception of the Laurel Oak. OBSERVATIONS: Tree #1 - This tree is a HISTORIC live oak (Quercus virginiana) with a 40” DBH. It has a Live Crown Ratio of about 80%. This tree has minor damage from tropical storms the past two years but has no visual indication of internal decay or likelihood of failure and is overall very healthy. Tree #2 - This tree is a laurel oak (Quercus laurifolia) with a 38” DBH. It has a Live Crown Ratio of about 35%. This tree has significant damage from recent storms and several of them main stems have been broken. There are hypoxylon cankers present and mushrooms growing on the broken, lateral branches. These fungi are a good indication the tree is senescing and has internal heartwood decay. This species of o ak is a short -lived, hardwood species that typically only live to be about 60 - 70 years in optimal conditions. Laurel oaks commonly decay internally of the main stem with age. This decay can extend into the large lateral branches and fail without warning. Laurel oaks that experience this internal rotting can look healthy externally but often end up losing large branches unexpectedly or blowing over in storms (Ref: http://edis.ifas.ufl.edu/pdffiles/ST/ST54900.pdf). Tree #3 - This tree is a HISTORIC live oak (Quercus virginiana) with a 44.5” DBH. It has a Live Crown Ratio of about 35%. This live oak tree has had significant damage from recent storms and has a very low LCR and poor structure. The main, central stem appears to have been recently broken and previous wounds are not healing or compartmentalizing. This is an indication the tree is in distress and is beginning to decline. Tree #4 - This tree is a HISTORIC live oak (Quercus virginiana) with a 40.5” DBH. It has a Live Crown Ratio of about 70%. This tree has minor damage from tropical storms the past two years but has no visual indication of internal decay or likelihood of failure and is overall very healthy. Tree #5 - This tree is a HISTORIC live oak (Quercus virginiana) with a 38” DBH. It has a Live Crown Ratio of about 60%. This tree has minor damage from tropical storms the past two years but has no visual indication of internal decay or likelihood of failure and is overall very healthy and recovering. Tree #6 - This tree is a HISTORIC live oak (Quercus virginiana) with a 36” DBH. It has a Live Crown Ratio of about 50%. This tree has minor damage from tropical storms the past two years but has no visual indication of internal decay or likelihood of failure and is overall very healthy. It has a low LCR but appears to be recovering and flushing new leaves. Tree #7 - This tree is a live oak (Quercus virginiana) with a 32” DBH. It has a Live Crown Ratio of about 60%. This tree has minor damage from tropical storms the past two years but has no visual indication of internal decay or likelihood of failure and is overall very healthy. Tree #8 - This tree is a laurel oak (Quercus laurifolia) with a 37” DBH. It has a Live Crown Ratio of about 30%. This tree has significant damage from recent storms and several of them main stems have been broken. Bacterial wetwood, also known as slime flux, was observed on this laurel oak oozing out of an old, broken lateral limb. Slime flux is an indication of wounding and internal decay. This laurel oak is senescing and is unlikely to recover. CONCLUSION / RECOMMENDATIONS: Out of the eight (8) trees that were reviewed and evaluated, five (5) of them are Historic trees based on the Cit y of Edgewater’s Land Development Code. These five (5) Historic trees are generally healthy with the exception of Tree #3, which has significant storm damage and is not recovering or healing old wounds. The canopy is dying back on this live oak and it is likely to continue to fail. Additionally, Trees #2 and #8 are very old laurel oaks and are senescing due to their age and tropical storm events the past couple of years. # Species Common DBH LCR Health Status Historic status? 1 Quercus virginiana Live Oak 40” 80% Healthy Historic 2 Quercus laurifolia Laurel Oak 38” 35% Senescing No 3 Quercus virginiana Live Oak 44.5” 35% Senescing, Decay Historic 4 Quercus virginiana Live Oak 40.5” 70% Healthy Historic 5 Quercus virginiana Live Oak 38” 60% Healthy Historic 6 Quercus virginiana Live Oak 36” 50% Healthy Historic 7 Quercus virginiana Live Oak 32” 60% Healthy No 8 Quercus laurifolia Laurel Oak 37” 30% Senescing No Sincerely, Ray Jarr ett, Biologist / Arborist ISA Certified Arborist FL-5343A ISA Tree Risk Assessor Qualified Trees and plants are living things and are subject to an array of potential health problems, abiotic factors and unpredictable weather that can cause healthy trees and plants to fail. Information provided in this report is for consideration; and is based on my professional experience, formal education, and methodologies of the International Society of Arboriculture, ISA. Ultimately the client must use their own judgment and decisions, but may consider these recommendations.