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06-16-2008 V oting Order Councilwoman Rhodes Councilman Cooper Mayor Thomas Councilwoman Rogers Councilwoman Bennington AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING June 16,2008 7:00 P.M. COMMUNITY CENTER 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. Regular Meeting - February 4, 2008 b. Regular Meeting - March 3, 2008 c. Regular Meeting - March 17, 2008 d. Regular Meeting - May 5, 2008 3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TESIDONA TIONS None at this time. .4. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to three "3" minutes or less. 5. CITY COUNCIL REPORTS 6. CONSENT AGENDA 7. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. Resolution No. 2008-R-07, supporting the FDOT in the development and implementation of the Central Florida Commuter Rail Project. b. Ordinance No. 2008-0-06, amending the Firemen's Pension Fund to include the share plan to the existing plan. c. Ordinance No. 2008-0-07, providing for an amendment of the City Charter, Section 3.04 "Election and Terms". d. Ordinance No. 2008-08, providing for an amendment of the City Charter by deleting Section 1.0l(a)(1). 8. BOARD APPOINTMENTS a. V olusia Growth Management Commission - Mayor to fill the expired term of Karen Hall. City Council Agenda June 16,2008 Page -2- 9. OTHER BUSINESS a. Authorization for the Mayor to execute the Central Florida Sustainable Communities Initiative Agreement. 10. OFFICER REPORTS A. City Clerk B. City Attorney C. City Manager 1) Tentative Agenda Items 11. CITIZEN COMMENTS 12. ADJOURN. Note. All items for inclusion on the July 21, 2008, agenda must be received by the City Clerk's office no later than 12:00 pm, Thursdav, July 10,2008. 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 Bonnie Wenzel, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 xllOl, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-955-8771. !Jet. AGENDA REQUEST Date: June 4. 2008 PUBLIC HEARING June 16. 2008 RESOLUTION June 16. 2008 ORDINANCE BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION Resolution No. 2008-R-07 A Resolution supporting the Florida Department of Transportation (FOOT) in the development and implementation ofthe Central Florida Commuter Rail Project. BACKGROUND FDOT is undertaking the development and implementation of a commuter rail project to run from Deland to Poinciana in Osceola County. FDOT has reached an agreement with CSXTransportation to acquire 61.5 miles of CSXT's A-line for the rail system. FDOT shall be responsible for the design, permitting and construction of the Commuter Rail project and will be responsible for its operation, management and maintenance for a period of seven years. The project will then be conveyed to the Local Government Partners (Orange, Seminole, Volusia and Osceola Counties), with the exception of the stations. This project will greatly benefit all of the citizens and visitors of Central Florida and will relieve traffic congestion, provide transportation opportunities and provide relief for 1-4 traffic during its reconstruction. RECOMMENDATION Staff recommends approval of Resolution No. 2008-R-07; supporting the Central Florida Commuter Rail Project. ACTION REQUESTED Motion to approve Resolution No. 2008-R-07. FINANCIAL.IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES NO x DATE: AGENDA ITEM NUMBER: Respectfully Submitted By: Qnf\fUQ)l'.Dmcj) G>v'~~~~d Bonnie Wenzel Robin Matusick ~ City Clerk Paralegal RESOLUTION NO. 2008-R-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; SUPPORTING THE FLORIDA DEP ARTMENT OF TRANSPORT A TION (FDOT) IN THE DEVELOPMENT AND IMPLEMENTATION OF THE CENTRAL FLORIDA COMMUTER RAIL PROJECT; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) is undertaking the development and implementation of the Central Florida Commuter Rail Project running from DeLand in V olusia County through Seminole County and Orange County (including the Cities of Orlando, Maitland and Winter Park) to Poinciana in Osceola County; and WHEREAS, FDOT has reached agreement with CSX Transportation providing for the acquisition of the CSXT's A-Line between Milepost A749.7 near DeLand and A814.1 near Poinciana, a distance of approximately 61.5 miles for the use of the Commuter Rail Project; and WHEREAS, Orange, Seminole, V olusia and Osceola Counties and the City of Orlando (collectively, the "Local Government Partners") have agreed that the FDOT will be the agency responsible for the design, permitting and construction of the Commuter Rail Project and will be responsible for its operation, management and maintenance for a period of seven (7) years; and WHEREAS, FDOT has agreed to convey the Commuter Rail Project to the Central Florida Commuter Rail Commission (other than the stations, which will be conveyed to the Local Government Partners) after the initial seven (7) years; and WHEREAS, the Commuter Rail Project is described in METROPLAN ORLANDO's Long Range Transportation Plan "Financially Constrained Network" and Volusia County MPO's Year 2025 Long Range Transportation Plan; and WHEREAS, implementation of the Commuter Rail Project will result in overall social and 2008-R-07 1 environmental benefits, improve the quality of life in the state, stimulate economic growth, create new employment opportunities, and serve as a positive growth management catalyst; and WHEREAS, the Commuter Rail Project will greatly benefit all of the citizens of and visitors to the Central Florida region, and is needed in order to relieve traffic congestion, provide transportation opportunities, and provide a relief for 1-4 traffic during its reconstruction; and WHEREAS, the Commuter Rail Project will become an integral part of Central Florida's balanced transportation system and, with concurrent development of improvements to roadways and bus transit, will greatly enhance the mobility of the traveling public; and WHEREAS, financial commitments for the Central Florida Commuter Rail Project have been made by the Local Government Partners and state funding is contained in the Five-Year Work Program of the Florida Department of Transportation; and WHEREAS, Congressman Mica and Congresswoman Brown have pledged to secure more than $300 million in federal funding for the Central Florida Commuter Rail Project and, if not used for this project, will be lost to rail transit projects elsewhere in the country; and WHEREAS, it is more critical than ever to provide the traveling public with transportation alternatives as gasoline prices are soaring and new federal air quality standards for ozone put Central Florida at risk of being declared a non-attainment area which could result in sanctions being imposed; and WHEREAS, the Central Florida Commuter Rail Project will support the efforts of Governor Crist's Energy and Climate Change Action Plan, established by Executive Order 07-128, with ambitious goals for reducing statewide green house gas emissions. NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida: Section 1. The City of Edge water supports the design, construction, and implementation 2 2008-R-07 of the Commuter Rail Project in the Central Florida area; and Section 2. The City of Edgewater requests the Florida Legislature to approve fair and reasonable insurance provisions for the Central Florida Commuter Rail Project as recommended by the Florida Department of Transportation (FOOT) and consistent with the provisions of the Interlocal Agreement; and Section 3. The City of Edgewater authorizes the Mayor or his designee to join in efforts with other municipalities throughout Central Florida under the auspices of METROPLAN ORLANDO's Municipal Advisory Committee to support the METROPLAN ORLANDO Board in making this project a reality. Section 4. All resolutions or parts of resolutions in conflict herewith be and same are hereby repealed. Section 5. This resolution shall take effect upon adoption. After Motion by and Second by , the vote on this resolution was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper 2008-R-07 3 PASSED AND DULY ADOPTED this 16th day of June, 2008. ATTEST: Bonnie A. Wenzel City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Wolfe, Ansay & Kundid 2008-R-07 CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 16th day of June, 2008 under Agenda Item No. 7_. 4 lh AGENDA REQUEST Date: June 3. 2008 PUBLIC HEARING 6/16/08 RESOLUTIONS ORDINANCE ~ ._6/16/08 BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: Ordinance #2008-0-06 Amending the Firemen's Pension Fund to include the share plan to the existing plan. BACKGROUND: The Firefighter's Pension Board approved the share plan received from Foster & Foster Inc. The share plan allocates available state monies in excess of the "frozen" amount based on years of credited service. STAFF RECOMMENDATION: Approval of the Firefighter's Pension Fund share plan from Foster & Foster Inc. ACTION REQUESTED: Motion to approve Ordinance #2008-0-06. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) NA NA PREVIOUS AGENDA ITEM: YES NO _X_ DATE: N/A AGENDA ITEM NO.: Snontella Jackson, B a Coordinator Firemen's Pension Board Agendarequest.form.rev.2/1612000 ORDINANCE NO. 2008-0-06 AN ORDINANCE OF THE CITY OF EDGEW A TER AMENDING ORDINANCE NO. 1999-0-04; PROVIDING FOR THE ANNUAL DISTRIBUTION OF STATE PROVIDED EXCESS RESERVE FUNDS THROUGH A SUM OF YEARS (SENIORITY) SHARE PLAN; PROVIDING FOR FILING WITH THE DIVISION OF RETIREMENT OF THE FLORIDA DEP ARTMENT OF MANAGEMENT SERVICES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING FOR AN EFFECTIVE DATE AND ADOPTION. Whereas, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. On September 27, 1999, City Council adopted Ordinance No. 99-0-04, which amended and restated the City of Edgewater, Florida Firefighters' Pension Fund. 2. The City Council of the City of Edge water is desirous of upgrading the current status of the Firefighters' Pension Fund and to remain in compliance with the State Statutes. 3. In an effort to comply with this objective it is necessary to modify our Firefighters' Pension Fund accordingly. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA: PART A. AMENDMENT OF THE CITY OF EDGEW A TER, FLORIDA FIREFIGHTERS' PENSION FUND. Section 1. Amending Requirements for Retirement Suoolemental Retirement Benefit: There is hereby provided for firefighters that attain Credited Service of five (5) or more years. in addition to all other benefits provided in this section. an annual supplemental retirement benefit. Entitlement to such supplemental retirement benefit shall be determined annually based upon the receipt bv the Fund of any "additional premium tax revenues." as defined in sub-section 175.162(2)(a). of the Florida Statutes. Pavment of such supplemental retirement benefit shall be made annually to each eligible firefighter. (defined for this 2008-0-06 Strtlck till otlgh passages are deleted. Underlined passages are added. subsection only as an active firefighter that has attained Credited Service of five (5) or more years and terminates service with the City or an active firefighter that retires under the retirement provisions herein) no later than the 15t of December after receipt of the "additional premium tax revenues" from the state, provided that it has been confirmed in writing that the eligible firefighter was alive on September 30th of such year, beginning with fiscal vear 2007. The amount of such supplemental retirement benefit shall be equal to the quotient of: the total amount of all "additional premium tax revenues" received by the Fund during that calendar year (regardless of the year to which the revenues relate), multiplied by each eligible firefighter's percentage ofthe total number of combined years of service for all eligible firefighters. Such supplemental benefit for each eligible firefighter shall be credited to an account to be maintained by the Pension Fund, which shall be credited or debited with the actual rate of investment return (less expenses) of the Pension Fund and shall be rolled over to a designated qualified plan on retirement or termination or in the event of death prior to retirement paid to a designated beneficiary. Section 2. Effectiveness of Remainder of Chapter 175. Florida Statutes. All other provisions of Chapter 175, Florida Statutes, shall remain in full force and effect. PART B. FILING WITH THE DIVISION OF RETIREMENT. Upon adoption, a copy of this Ordinance shall be filed with the Division of REtirement of the Florida Department of Management Services. 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 circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. 2008-0-06 Stl tick till otlgh passages are deleted. Underlined passages are added. 2 PART E. EFFECTIVE DATE. That this ordinance shall become effective upon its final adoption. PART F. ADOPTION. After Motion to approve by and Second by , the vote on the first reading of this ordinance held on June 16,2008, was as follows: AYE Mayor Mike Thomas Councilwoman Debra 1. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper After Motion to approve by and Second by , the vote on the second reading of this ordinance was as follows: AYE Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper 2008-0-06 StI tick till otlgh passages are deleted. Underlined passages are added. 3 NAY NAY PASSED AND DULY ADOPTED this 21st day of July, 2008. ATTEST: Bonnie Wenzel City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Wolfe, Ansay & Kundid 2008-0-06 StJ tick tIll Cltlgh passages are deleted. Underlined passages are added. CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 2151 day of July, 2008 under Agenda Item No. _. 4 1[, AGENDA REQUEST Date: June 2, 2008 PUBLIC HEARING June 16, 2008 ORDINANCE June 16. 2008 RESOLUTION BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION 1st reading - Ordinance No. 2008-0-07 An Ordinance providing for amendment of the City Charter, Section 3.04 "Election and Terms". BACKGROUND Due to several changes in Legislature, Supervisor of Elections Ann McFall made a presentation to Council on February 4, 2008 and suggested all cities within the County hold their elections in even- numbered years and utilize the County Canvassing Board. Due to the proposed changes, the Charter Review Committee was enacted to review changes to the election process and it's effect on City Elections. The Committee held six meetings to discuss the potential changes. Their main goal was to find a solution beneficial to the City long term. After much discussion and a meeting with Supervisor of Elections McFall, the Committee offers the follOWing proposals to be presented to the citizens on the November General Election: . Adopt the Volusia County election schedule as established pursuant to Florida law, for elections to be held in even-numbered years with elected officials taking office in the month of December following the election; and . Appoint the County Canvassing Board to conduct all required canvassing activity for general elections in even-numbered years. Holding elections in odd-numbered years costs the City a minimum of $16,000 per election year. By moving to even-numbered year elections and utilizing the County Canvassing Board those costs to the City would be eliminated. As a result of the transition to hold elections in even-numbered years the terms of the currently seated Mayor, and Council members will be extended for a period of one year and one month. RECOMMENDATION The Charter Review Committee recommends Council approve Ordinance No. 2008-0-07 and to authorize the City Clerk to transmit to the Supervisor or Elections for inclusion on the ballot. ACTION REQUESTED Motion to approve Ordinance No. 2008-0-07 and to authorize the City Clerk to transmit to the Supervisor of Elections for inclusion on the ballot. FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NUMBER: Respectfully Submitted By: 'b,LQJ,J~~ch~---d'f\)~~ Bonnie Wenzel Robin Matusick City Clerk Paralegal ORDINANCE NO. 2008-0-07 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA PROVIDING FOR AMENDMENT OF THE CITY CHARTER BY AMENDING SECTION 3.04 "ELECTION AND TERMS; TERM LIMITS"; ADOPTING THE VOLUSIA COUNTY ELECTION SCHEDULE; REVISING CHARTER PROVISIONS WHICH CURRENTLY PROVIDE FOR ELECTIONS IN ODD-NUMBERED YEARS TO PROVIDE FOR ELECTIONS IN EVEN-NUMBERED YEARS; PROVIDING FOR PROCEDURES FOR THE TRANSITION FROM ELECTIONS IN ODD-NUMBERED YEARS TO PROVIDE FOR ELECTIONS IN EVEN- NUMBERED YEARS; EXTENDING THE TERM OF OFFICE OF SEATED MAYOR AND COUNCIL MEMBERS FOR ONE YEAR AND ONE MONTH; APPOINTING VOLUSIA COUNTY AS CANVASSING BOARD FOR GENERAL ELECTIONS IN EVEN-NUMBERED YEARS; PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL OF THE PROPOSED CHARTER AMENDMENTS SET FORTH HEREIN; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR A REFERENDUM ELECTION; PROVIDING PROCEDURES FOR BALLOTING; PROVIDING FOR NOTICE OF ELECTION; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 (1), Florida Statutes (2007), requires, with certain limited exception, the governing body of a municipality to, by ordinance, submit any proposed amendment to its charter to the electors of the municipality at a general or special election; and WHEREAS, the Charter Review Commission of the City of Edgewater, Florida has proposed various changes to the City Charter election provisions as more fully described herein; and WHEREAS, the City Charter of City of Edgewater, Florida mandates elections for mayor and council members shall be held in odd-numbered years; and WHEREAS, the City Council of the City of Edgewater, Florida (the "City Council") desires to submit to its citizens for consideration whether the City should adopt the V olusia County election schedule, as established pursuant to Florida law, for elections held in even- numbered years with elected officials taking office in the month of December following the election; and StRlok through passages are deleted. Underlined passages are added. 2008-0-07 Page 1 of7 WHEREAS, such a change would necessitate the extension of the seated mayor and council members terms for a period of one year and one month; and WHEREAS, the City Charter does not presently govern canvassing activity; rather, the City Council appoints the canvassing board via resolution; and WHEREAS, the City Council desires to appoint, by Charter, V olusia County to conduct all required canvassing activity for general elections conducted in even-numbered years for the City; and WHEREAS, the City Council desires to submit the following proposed Charter amendments to the electors of the City of Edgewater. CODING: words underlined are additions; words stricken are deletions. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: SECTION 1. PROPOSED CHARTER AMENDMENT Section 3.04 of the City Charter be amended, upon a vote of a majority of the City of Edgewater electors in favor of such an amendment, to read as follows: Sec. 3.04 Elections and terms; term limits; transition rules. (a) Elections and terms. The first regular election of the city council under 1999 Charter Amendment shall be held on the first Tuesday after the first Monday in November 2001. ,^.t the first election under the amended Charter, the mayor and four (1) council members shall be elected. The terms of the mayor and council member from districts 1 and 3 shall be four (1) years and shall expire in November 2005. The terms of council member from districts 2 and 1 shall be two (2) years and shall expire in November 2003. ^ regular election shall be held on the first Tuesday after the first Monday in November 2003, to elect council members from districts 2 and 1 to serve a term of four (1) years expiring in November 2007. Henceforth, regular elections of the city council shall be held on the first Tuesday after the first Monday in November in odd numbered year so that the terms for mayor and each council member shall be four (1) years and staggered in the same order. Terms of office shall being [begin] on the first Wednesday after the first Monday in November of the year elected. ill The City of Edgewater hereby adopts the V olusia County election schedule for even-numbered years as established by Florida law. ill The first regular election of the city council pursuant to the 2008 Charter Amendment shall be the first Tuesday after the first Monday in November 2010 for the offices of the mayor and council members from districts 1 and 3 for a term of four (4) years expiring in December 2014. Struok through passages are deleted. Underlined passages are added. 2008-0-07 Page 2 of7 ill The second regular election under this amendment shall be the first Tuesday after the first Monday in November 2012 for the offices of council members from districts 2 and 4 for a term of four (4) years expiring in December 2016. ill Terms of office. Terms of office shall begin on the first Monday In December of the year elected. (b) Term limits. No member of the city council, including the mayor, shall serve more than two (2) complete consecutive terms and the portion of an unexpired term occurring by reason of a vacancy. (c) Transition. The transition from elections in odd-numbered years to elections in even- numbered years shall be as follows: ill The term of office for the mayor and council members from districts 1 and 3 expiring November 2009 shall be extended to December 2010. ill The term of office for the council members from districts 2 and 4 expiring November 2011 shall be extended to December 2012. ill For purposes of Section 3.04(b), this extended 61 month term shall be treated as a single term. ill In the event the mayor or any council member resigns during the extended 13 month period necessitated herein, the mayor and council shall, by a vote of three (3) or more members, appoint a successor, who is eligible for the office under Section 3.03, to fill the remaining unexpired extended term. This period of the unexpired term shall not be considered a complete term for purposes of term limits as set forth in Section 3 .04(b). Prior to or upon completion of the 13 month period, procedures for filling mayor and council vacancies shall be as set forth in Section 3.09(d). SECTION 2. PROPOSED CHARTER AMENDMENT Section 3.04 of the City Charter be amended, upon a vote of a majority of the City of Edgewater electors in favor of such an amendment, to read as follows: (d) Canvassinf! board. Commencing with the 2010 General Election, the city hereby appoints the county canvassing board to conduct all required canvassing activity for general elections in even-numbered years. Stmck tHrough passages are deleted. Underlined passages are added. 2008-0-07 Page 3 of7 SECTION 3. FORM OF BALLOT RELATED TO SECTION 1 The form of ballot for the Charter amendment provided for in Section 1 of this Ordinance shall be, as follows: "Transition to Elections in Even-Numbered Years. The City Charter provides for elections in odd-numbered years for the mayor and council members. This Charter amendment provides for elections in even- numbered years, with terms beginning in December, consistent with V olusia County. As a result of this transition to elections in even-numbered years, the terms of the currently seated mayor and council members shall be extended for a period of one year and one month. Shall the above-described Charter amendment be adopted? Yes - For Amendment No - Against Amendment" SECTION 4. FORM OF BALLOT RELATED TO SECTION 2 The form of ballot for the Charter amendment provided for in Section 2 of this Ordinance shall be, as follows: "Appointment of Vol usia County as Canvassing Board for General Elections in Even-Numbered Years. Canvassing activity is presently conducted by the City. The City Charter does not govern canvassing activity. This amendment would appoint, by Charter, Volusia County to conduct all canvassing activity for the City for general elections in even-numbered years. Shall the above-described Charter amendment be adopted? Yes - For Amendment No - Against Amendment" SECTION 5. REFERENDUM ELECTION A referendum election is hereby called and scheduled at the time of the next regularly schedule general election, November 4, 2008, to determine whether the ballot question appearing in Section 3 and Section 4 hereof shall be approved by a majority of the votes cast in such election in which qualified electors residing in the City shall participate. Such referendum Struek through passages are deleted. Underlined passages are added. 2008-0-07 Page 4 of7 election shall be held and conducted in the manner prescribed by law. The places for voting in such referendum election shall be such locations as are established for all City elections. All duly qualified electors of the City of Edgewater shall be entitled to participate in said election. SECTION 6. NOTICE OF REFERENDUM ELECTION Notice of said election shall be published in accordance with Section 100.342, Florida Statutes, in a newspaper of general circulation within the City at least thirty (30) days prior to said election, the first publication to be in the fifth (5th) week prior to the election, and the second publication to be in the third (3rd) week prior to the election, and shall be substantially in the form set forth in Section 2 of this Ordinance or as otherwise lawfully provided. Copies of this Ordinance shall be made available for public inspection during regular business hours at the City Hall. SECTION 7. COORDINATION WITH SUPERVISOR OF ELECTIONS AND DUTIES OF CITY CLERK The City Clerk, with necessary assistance from the Supervisor of Elections for V olusia County, is hereby authorized to take all appropriate actions necessary to carry into effect and accomplish the electoral provisions of this Ordinance. The City Clerk is authorized to arrange for early voting as authorized by law. SECTION 8. VOTER REGISTRATION BOOKS The Supervisor of Elections for V olusia County is hereby authorized and requested to furnish to the inspectors and clerks at each place where the votes are to be cast in such City Charter referendum, applicable portions of the registration books or certified copies thereof showing the names of the qualified electors residing in the City of Edgewater. SECTION 9. INCLUSION IN THE CHARTER It is the intention of the City Council, and it is hereby ordained that the provisions of Sections 1 and 2 of this Ordinance shall become and be made a part of the Charter of the City of Edgewater, Florida, as to any Charter amendment measure approved by a majority of voters voting on such measure in such election; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; that the word "Ordinance" may be changed to "Section" or other appropriate word. SECTION 10. EFFECTIVE DATE This Ordinance shall take effect immediately upon its adoption. The proposed City Charter Amendment described in Section I and 2, above, shall only be effective if a majority of the qualified electors of the City of Edgewater voting at the general election vote for its adoption and shall be considered adopted and effective upon certification of the election results as provided herein. Strode throHgh passages are deleted. Underlined passages are added. 2008-0-07 Page 5 of7 SECTION 11. CONFLICTING ORDINANCES All ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 12. SEVERABILITY If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, that holding in no way affects the remaining portions of this Ordinance. SECTION 13. ADOPTION After Motion to approve by and Second by , the vote on the first reading of this ordinance held on ,2008, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra 1. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper After Motion to approve by and Second by the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper Struek through passages are deleted. Underlined passages are added. 2008-0-07 Page 6 of7 PASSED AND DULY ADOPTED this - ATTEST: Bonnie Wenzel City Clerk day of ,2008. CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Wolfe, Ansay & Kundid Approved by the City Council of the City of Edgewater at a meeting held on this _ day of , 2008 under Agenda Item No. Stnl61c through passages are deleted. Underlined passages are added. 2008-0-07 Page 7 of7 7d AGENDA REQUEST Date: June 2, 2008 PUBLIC HEARING June 16, 2008 ORDINANCE June 16. 2008 RESOLUTION BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION 1st reading - Ordinance No. 2008-0-08 An Ordinance for amendment to the City Charter by deleting Section 1.01(a)(1) and providing for revision of the Charter. BACKGROUND The Charter Review Committee reconvened to determine if changes are needed as far as City elections. During their discussions the subject of the City height restriction was broached. After much discussion, the committee decided to recommend the height restriction be removed from the Charter. The City of Edgewater land Development Code currently has a maximum height limit within each zoning district, located in Article V, Table V-l. These limits can only be amended by Council's approval of an Ordinance at two public hearings. The proposed amendment will only remove the height restriction from the Charter; there are currently no proposed changes to the land Development Code regarding height restrictions. The Committee is recommending this language be placed on the ballot in November and would like to educate the citizens on the height restriction currently located within the land Development Code. RECOMMENDATION The Charter Review Committee recommends approval of Ordinance No. 2008-0-08 and to authorize the City Clerk to transmit to the Supervisor of Elections for inclusion on the ballot. ACTION REQUESTED Motion to approve Ordinance No. 2008-0-08 and to authorize the City Clerk to transmit to the Supervisor of Elections for inclusion on the ballot. FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES NO x DATE: AGENDA ITEM NUMBER: Respectfully Submitted By: ~rl_l~----J . J . iJ-A ~"JLu.A1('\ Robin Matusick Paralegal ORDINANCE NO. 2008-0-08 AN ORDINANCE OF THE CITY OF EDGEW A TER, FLORIDA PROVIDING FOR AMENDMENT OF THE CITY CHARTER BY DELETING SECTION 1.01(a)(1); PROVIDING FOR REVISION OF THE CHARTER; PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL OF THE PROPOSED CHARTER AMENDMENT SET FORTH HEREIN; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR A REFERENDUM ELECTION; PROVIDING PROCEDURES FOR BALLOTING; PROVIDING FOR ~OTICE OF ELECTION; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 (1), Florida Statutes (2007), requires, with certain limited exception, the governing body of a municipality to, by ordinance, submit any proposed amendment to its charter to the electors of the municipality at a general or special election; and WHEREAS, Section 1.lO(a)(l) of the City Charter provides for a city-wide height restriction; and WHEREAS, The City of Edgewater Land Development Code presently provides for building height restrictions according to zoning district; and WHEREAS, the Charter Review Commission of the City of Edgewater, Florida has proposed a change to the City Charter as more fully described herein; and WHEREAS, the City Council of the City of Edgewater, Florida (the "City Council") desires to submit to its citizens for consideration whether Section 1.1 O(a)(l), providing a city- wide building height restriction, should be stricken and deleted in its entirety from the City Charter. CODING: words underlined are additions; words stricken are deletions. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: Stfl:lok tfireugfi passages are deleted. Underlined passages are added. 2008-0-08 Page 1 of5 SECTION 1. PROPOSED CHARTER AMENDMENT Section 1.01(a)(1) of the City Charter be stricken and deleted in its entirety, upon a vote of a majority of the City of Edgewater electors in favor of such an amendment, to read as follows: See. 1.01(0)(1). (a) In order to further protect the public health, safety, general welfare, and aesthetics, no new building height shall exceed 35 feet, nor shall any existing building be altered to cause it to exceed a building height of 35 feet. (b) Building height means the vertical distance from the elevation of the cro','.n of the road of the nearest adjacent roadway at the center of the front of the building to the highest point of the coping of a flat roof, the deck line of a mansard roof, or the mean height level between eaves and ridge for hip, gable and gambrel roofs. (c) The height limits do not apply to spires, belfries, cupolas, flagpoles, antennas, water tames, fire towers, cooling tov/ers, ventilators, chimneys, radio and tele'/ision towers, ele'lator hoistways, not intended for human occupancy. (d) Buildings in existence or with approved construction permits or adopted Plar.ned Unit Developments on or before the effective date of this amendment, may be completed, repaired or rebuilt to a height not to exceed the preyiously existing height, within the same building footprint, subject to any other applicable state, federal or locallmvs. The height limits are not intended to restrict or otherwise adversely affect a property owner's ';ested rights under constitutional, statutory or common law. If it is determined by a court of competent jurisdiction that a landO'.vner has vested rights, the landowner can elect to proceed v/ith de'lelopment under the Land De';elopment Code in effect on the date of the adoption of this amendment. (e) Those parts of any ordinances in conflict with this section are hereby repealed. This section becomes 'effective upon adoption. This amendment shall become effective immediately upon approval by the electors. SECTION 2. FORM OF BALLOT RELATED TO SECTION 1 The form of ballot for the Charter amendment provided for in Section 1 of this Ordinance shall be, as follows: "Deletion of Thirty-Five Foot Building Height Restriction from City Charter Section 1. lO(a) (1 ) of the City Charter provides for a city-wide building height restriction of thirty-five (35) feet. The City Land Development Code provides for certain building height restrictions according to zoning category. This Charter amendment deletes the city-wide building height restriction from the City Charter. Struck titre ugh passages are deleted. Underlined passages are added. 2008-0-08 Page 2 of5 Shall the above-described Charter amendment be adopted? Yes - For Amendment No - Against Amendment" SECTION 3. REFERENDUM ELECTION A referendum election is hereby called and scheduled at the time of the next regularly schedule general election, November 4,2008, to determine whether the ballot question appearing in Section 2 hereof shall be approved by a majority of the votes cast in such election in which qualified electors residing in the City shall participate. Such referendum election shall be held and conducted in the manner prescribed by law. The places for voting in such referendum election shall be such locations as are established for all City elections. All duly qualified electors of the City of Edgewater shall be entitled to participate in said election. SECTION 4. NOTICE OF REFERENDUM ELECTION Notice of said election shall be published in accordance with Section 100.342, Florida Statutes, in a newspaper of general circulation within the City at least thirty (30) days prior to said election, the first publication to be in the fifth (5th) week prior to the election, and the second publication to be in the third (3rd) week prior to the election, and shall be substantially in the form set forth in Section 2 of this Ordinance or as otherwise lawfully provided. Copies of this Ordinance shall be made available for public inspection during regular business hours at the City Hall. SECTION 5. COORDINATION WITH SUPERVISOR OF ELECTIONS AND DUTIES OF CITY CLERK The City Clerk, with necessary assistance from the Supervisor of Elections for V olusia County, is hereby authorized to take all appropriate actions necessary to carry into effect and accomplish the electoral provisions of this Ordinance. The City Clerk is authorized to arrange for early voting as authorized by law. SECTION 6. VOTER REGISTRATION BOOKS The Supervisor of Elections for V olusia County is hereby authorized and requested to furnish to the inspectors and clerks at each place where the votes are to be cast in such City Charter referendum, applicable portions of the registration books or certified copies thereof showing the names of the qualified electors residing in the City of Edgewater. Struek through passages are deleted. Underlined passages are added. 2008-0-08 Page 3 of5 SECTION 7. INCLUSION IN THE CHARTER It is the intention of the City Council, and it is hereby ordained that the provisions of Sections 1 of this Ordinance shall become and be made a part of the Charter of the City of Edgewater, Florida, as to any Charter amendment measure approved by a majority of voters voting on such measure in such election; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; that the word "Ordinance" may be changed to "Section" or other appropriate word. SECTION 8. EFFECTIVE DATE This Ordinance shall take effect immediately upon its adoption. The proposed City Charter Amendment described in Section 1, above, shall only be effective if a majority of the qualified electors of the City of Edgewater voting at the general election vote for its adoption and shall be considered adopted and effective upon certification of the election results as provided herein. SECTION 9. CONFLICTING ORDINANCES All ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 10. SEVERABILITY If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, that holding in no way affects the remaining portions of this Ordinance. SECTION 11. ADOPTION After Motion to approve by and Second by , the vote on the first reading of this ordinance held on ,2008, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper Struek through passages are deleted. Underlined passages are added. 2008-0-08 Page 4 of5 After Motion to approve by and Second by the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper PASSED AND DULY ADOPTED this day of ,2008. ATTEST: CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA Bonnie Wenzel City Clerk By: Mike Thomas Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Wolfe, Ansay & Kundid Approved by the City Council of the City of Edgewater at a meeting held on this _ day of , 2008 under Agenda Item No. Struek tHroUgH passages are deleted. Underlined passages are added. 2008-0-08 Page 5 of 5 80... AGENDA REQUEST Date: Mav 30,2008 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT June 16, 2008 CONSENT OTHER BUSINESS ITEM DESCRIPTION Mayor's appointment to the Volusia Growth Management Commission BACKGROUND The City of Edgewater has a resident representative, appointed by the Mayor, on the Vol usia Growth Management Commission. Karen Hall has been representing the City since 2006, and her term expires on June 30, 2008. Ms. Hall has not contacted the City seeking reappointment. Ms. Sandy Jones, who has previously served on the Planning and Zoning Board, has submitted a letter to the Mayor seeking appointment on the Volusia Growth Management Commission. RECOMMENDATION Staff recommends Mayor Thomas appoint Sandy Jones on the Vol usia Growth Management Commission. ACTION REQUESTED Motion to appoint Sandy Jones to the Volusia Growth Management Commission. FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES NO x DATE: AGENDA ITEM NUMBER: Respectfully Submitted By: 'ron I Q ,ld()myD Q-,b.r-..~':t:f.L~r , Bonnie Wenzel Robm Matuslck City Clerk Paralegal 05-29-08P02:53 RCVD Dear Mayor Thomas: This correspondence is in regards to my interest in serving as the City of Edgewater's representative on the Volusia Growth Management Commission. I feel that my experience in serving on the City's Planning and Zoning Board and knowledge of growth and development issues within Volusia County will be extremely helpful as we move forward in shaping the future of our area. I also look forward to working closely with City staff on the upcoming issues faced in our region. Thank you in advance for your consideration in this matter. Sincerely, Sandy Jones, PHR Human Resources Manager Costa Del Mar Sunglasses 386-274-4000 xl17 386-274-2080 fax AGENDA REQUEST qQ Date: June 3, 2008 PUBLIC HEARING RESOLUTIONS ORDINANCE BOARD APPOINTMENT CONSENT OTHER BUSINESS June 16,2008 ITEM DESCRIPTION: Authorizing an Agreement to participate ill the Central Florida Sustainable Communities Initiative (CFSCI). BACKGROUND: The City of Edgewater has been offered a proposal to participate in the CFSCI. The program will provide planning consulting services, at no charge, in order to develop a Vision Plan for our community. The program will allow for meetings with City Council, the Planning and Zoning Board, staff and scheduled community public meetings in order to identify a desired future vision of our community. Staff will also request that findings from previous studies including, but not limited to, the Evaluation and Appraisal Report, recent transportation studies, stormwater master planning and environmental protection studies. The result of the program will present a Community Vision Book that will include implementation strategies. Considering the City of Edgewater is facing anticipated future growth and numerous objectives of the Comprehensive Plan suggest such planning initiative, staff recommends approval of the Central Florida Sustainable Communities Initiative Agreement as proposed. STAFF RECOMMENDATION: Staff recommends that the City Council give approval for the Mayor to execute the Central Florida Sustainable Communities Initiative Agreement ACTION REQUESTED: Motion to approve the Central Florida Sustainable Communities Initiative Agreement and authorize the Mayor to execute. FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A PREVIOUS AGENDA ITEM: YES NO XX DATE: N/A AGENDA ITEM NO. C3~~V1N~ Robin Matusick Paralegal Darren Lear Development Services Director .. , . . C E N T R A L FLORIDA ~"T":1 ~+~~ ~ SUSTAINABLE COMMUNITIES INITIATIVE 500 Delaney Ave. Orlando. FL 32801 407.422.4040 ph 407.425.7427 fx RECEIVED MAY 2 9 2008 CITY MANAGEF May 28, 2008 LETTER OF AGREEMENT BETWEEN The City of Edgewater 104 N. Riverside Drive Edgewater, FL 32132 (represented by Mayor Michael Thomas) Hereinafter referred to as the CLIENT AND Central Florida Sustainable Communities Initiative 500 Delaney A venue, Suite 404 Orlando, Florida 32801 Hereinafter referred to as the CONSULTANT or CFSCI Re: Proposal to Provide a Vision Plan for the City of Edgewater, Florida CFSCI Job No. 83000.83 Dear Mr. Thomas, All communities, whether newly built or centuries old, are in a constant state of change. Residents come and go, development occurs, the political climate changes and the populace transforms. Every political, developmental or financial decision that a community makes sets it on a different path, and it is only those communities that have a shared vision of where the path should lead that ever reach the right destination. A Vision Plan, based on community values and created through a participatory process, can help a community manage change in a positive way, guiding it toward a beneficial future. The City of Edgewater is facing, and will continue to face, change and developmental pressures due to its small town character and coastal location. It is imperative that the City of Edgewater be well equipped to handle these pressures through the development of a community Vision Plan. Because the development of a Vision Plan is so important to the proper development of Edgewater, the Central Florida Sustainable Communities Initiative (CFSCI) is proposing to assist the community in the development of this plan at no cost. CFSCI is a non-profit planning organization, created by the urban planning, landscape architecture and architectural design firm of Can in Associates, which offers technical visioning assistance to growing communities in Central Florida. CFSCI has as its mission the difficult task of educating citizens and stakeholders about current growth trends and their implications, while also implementing practical planning solutions that . . C E N T R A l FLORIDA r.T.~ ~+~ .... ...... ~ SUSTAINABLE COMMUNITIES INITIATIVE LETTER OF AGREEMENT The City of Edgewater CFSCI Job No.83000.83 May 28, 2008 Page 2 promote sustainable, place-based growth. Relief of traffic congestion, the creation of a sense of place, good stewardship of the land, proper scaling of the built environment and place-sensitive development are all principles that CFSCI seeks to understand, promote and implement throughout Central Florida. To assist the City of Edgewater in the creation of a community supported Vision Plan, we propose the scope of services outlined below. A. SCOPE OF SERVICES Step I - Meet with City Staff (and/or Designated Stakeholders) to Determine Project Scope, Schedule and Deliverables Step 2 - Regional Context Analysis, Existing Conditions Analysis and Key Issue Identification Step 3 - Meet with City Staff to Review Findings of Analysis Step 4 - First Public Workshop to Review Findings and Gather Additional Information Step 5 - Second Public Workshop to Produce a Community Vision Plan Step 6 - In-House Refinement and Detailing of Vision Plan Step 7 - First Public Meeting to Review Vision Plan Step 8 - Preparation of Community Vision Book Step 9 - Present Community Vision Book to City and Hold Second Public Meeting Step I - Meet with City Staff (and/or Designated Stakeholders) to Determine Project Scope, Schedule and Deliverables For the City of Edgewater, it will be the task of CFSCI to assist decision makers, local stakeholders and residents in the creation of a Vision Plan that furthers the proper development of the City, realizing its weaknesses, building on its strengths, and bettering its future. This process begins with a meeting, held between the City of Edgewater staff, stakeholders and CFSCI, to discuss the proposed project scope. Once the scope and schedule are solidified, CFSCI and City staff will also discuss the unique design challenges of the City and those outcomes that are crucial to the project's success. In light of identified challenges and success factors, and in consideration of the City's timeframe, a project schedule, a detailed sequence of meetings and the final work products will be determined. Step 2 - Regional Context Analysis, Existing Conditions Analysis and Key Issue Identification CFSCI will review and analyze the regional context of the City, including the transportation network, natural features and market opportunities. Since it will be imperative that we gain a thorough understanding of the key issues C E N T R A l FLORIDA r. .1 ~--+1 l. ..... ~ SUSTAINABLE COMMUNITIES INITIATIVE LETTER OF AGREEMENT The City of Edgewater CFSCI Job No.83000.83 May 28, 2008 Page 3 that face the City of Edgewater, CFSCI will interview stakeholders. Utilizing GIS data, we will also analyze the City's existing land use patterns and the internal transportation network to determine the existing conditions of the City. Step 3 - Meet with City Staff to Review Findings of Analysis Before bringing the results of our analyses to the public, CFSCI will meet with the City to review the findings and receive feedback. For the Vision Plan to be truly successful, it is necessary that all stakeholders are on board, throughout the entire process. We will then integrate comments and/or concerns into the results presented to the public. Step 4 - First Public Workshop to Review Findings and Gather Additional Information Once the regional context and existing conditions analysis has been completed and key issues have been identified, CFSCI will begin to engage the community through a public workshop, where residents and stakeholders will be invited to share their thoughts, ideas and aspirations for the City. CFSCI team members will facilitate this conversation, asking questions instead of providing solutions, and will use a variety of mechanisms, including pure brainstorming, community value surveys and preference mapping, to generate public values. The public workshop is crucial to the project's success; it is here that residents and stakeholders begin to gain ownership of the project, as they see their ideas, values and objectives begin to take shape and evolve. Step 5 - Second Public Workshop to Produce a Community Vision Plan Part of the community engagement will include an intense public workshop, held in the City of Edgewater, to be attended by the CFSCI team, city officials and community members. This will be an intense interactive design session, in which planning professionals and community members concentrate on specific community issues and present various alternative solutions. The public workshop will be a valuable tool for future visioning, as it presents a place where community concerns can be identified, design solutions can be explored and key issues can be addressed. Using design as a communication tool, consensus can be built between City staff, community residents and the design team as to the direction of the Community Vision Plan. Overall, this process invites a wide range of participants to a common table, to share ideas, test alternatives and produce results. Step 6 - In-House Refinement and Detailing of Vision Plan Once the workshop is completed, CFSCI will take all of the input, knowledge CENTRAL FLORIDA r-. T .l ~.+. . . . . SUSTAINABLE COMMUNITIES INITIATIVE LETTER OF AGREEMENT The City of Edgewater CFSCI Job No.83000.83 May 28, 2008 Page 4 and design work that has been gleaned from the public process and produce a conceptual community Vision Plan. More detailed work will then be accomplished, further refining the character and the scale of the Vision Plan. Strategies for the development of the public realm, including public uses, open spaces, recreation facilities, signature elements and streetscapes, will be determined, and appropriate densities and intensities will be tested, outlining a preliminary public parking strategy. Districts and structures will also be identified that are candidates for historic preservation. By taking the time to study and refine the designs and possibilities produced at the workshop, CFSCI will be able to develop a series of drawings and plans which will help to align the future development of the City of Edgewater with the identified values of the residents. Step 7 - First Public Meeting to Review Vision Plan After making refinements and composing strategies, CFSCI will review the conclusions with the City leadership and citizenry at a public meeting. Again, this will give us the chance to integrate comments and/or concerns into the final draft of the Vision Plan, which will be featured in the Community Vision Book. Step 8 - Preparation of Community Vision Book All of the work produced as part of this process will be showcased in a detailed Community Vision Book. The Community Vision Book will utilize a user-friendly format in order to engage the citizenry and allow them to learn more about their collaborative community vision. This book will include an overview of the entire process, all of the work completed throughout the various stages, and will conclude with solid implementation strategies. Step 9 - Present Community Vision Book to City and Hold Second Public Meeting Once completed, CFSCI will meet with City staff and/or representatives to present the Vision Book. Then, CFSCI will present the Community Vision Book to the public at one final meeting, held in the City of Edgewater, involving City officials, citizens and community leaders. C E N T R A l FLORIDA ~ :1 ~~~ l.......j SUSTAINABLE COMMUNITIES INITIATIVE LETTER OF AGREEMENT The City of Edgewater CFSCI Job No.83000.83 May 28, 2008 Page 5 B. FEE VALUE As CFSCI is a non-profit entity, this work will be completed free of charge to the City of Edgewater. However, we estimate that, were a private consultant hired to complete the work, the fee would amount to $100,000 for the scope outlined above in Steps 1 through 9. C. UNDERSTANDINGS The CONSULTANT is an independent contractor of the CLIENT. No relationship of employer/employee shall result from the execution of this Contract or from the performance of any of the services hereunder. The CONSULTANT shall indemnify and hold harmless the CLIENT and the agents and employees of the CLIENT from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the work, provided that the claims, damages, losses and expenses are caused in whole or in part by any willful, intentional, grossly negligent or negligent act or omission of the CONSULTANT, any sub-consultants, anyone directly or indirectly employed by anyone of them or anyone for whose acts any of them may be liable. D. ACCEPTANCE Please understand that this proposal will be valid for 30 days from the date of this letter. If this proposal meets with your approval, please sign and date both copies and return one copy to us for our files. CANIN ASSOCIATES, INe. THE CITY OF EDGEWATER BY:~~ Brian e. Canin, AlA, AICP President By: Mayor Michael Thomas Date: CS/tlh TENTATIVE AGENDA ITEMS JULY 7 (items due Thurs 06/26) - CANCELLED JULY 21 (items due Thurs 07/10) - 6:00 P.M. WORKSHOP - PRESENTATION OF COST ALLOCA nON STUDY I) 2nd R, Ord. # 2008-0-07, Charter Review Committee Ballot language - Elections 2) 2nd R, Ord. # 2008-0-08, Charter Review Committee Ballot language - height limitation 3) 1 st R, Ord. # 2008-0-01, amending the Code of Ordinances to rename Occupational License to Business Tax Receipt. 4) 1st R. Ord. # 2008-0-02, amending the LDC to recognize Occupational Licenses as Business Tax receipts 5) 1 st R. Ord. # 2008-0-06, amending the Firemen's Pension Fund to include the share plan to the existing plan. AUGUST 4 (items due Thurs 07/24) - CANCELLED AUGUST 11 - 6:00 WORKSHOP - GENERAL FUND BUDGET AUGUST 18 (items due Thurs 08/07) - 6:00 P.M. WORKSHOP - PRESENTATION ON RATE STUDY I) 2nd R, Ord. # 2008-0-01, amending the Code of Ordinances to rename Occupational License to Business Tax Receipt. 2) 2nd R. Ord. # 2008-0-02, amending the LDC to recognize Occupational Licenses as Business Tax receipts 3) 2nd R. Ord. # 2008-0-06, amending the Firemen's Pension Fund to include the share plan to the existing plan. AUGUST 25 - 6:00 P.M. WORKSHOP - ENTERPRISE FUND BUDGET SEPT 1 (items due Thurs 08/21) LABOR DAY HOLIDAY! RESCHEDULE SEPT 15 (items due Thurs 09/04) OCT 6 (items due Thurs 09/25) OCT 20 (items due Thurs 10/09) NOV 3 (items due Thurs 10/23) NOV 17 (items due Thurs 11/06) DEC 1 (items due Thurs 11/20) DEC 15 (items due Thurs 12/04) UNSCHEDULED UPCOMING HEARINGS - PLANNING DEPART APPS RECEIVED 1) SeaGate - Edgewater Lakes Phase II PUD Agreement 2) Restoration 442 DRl-- approx 5,000 acres 3) Coastal Oaks - Haynes sm scale comp plan amend 4) Rezoning, Jones/Putnam - 1 acre @ 1155 Old Mission Road (RZ-0515) 5) Rezoning, Jones/ASD Properties - 110.66 acres - PUD (RZ-0508) 6) Hickey Residential (RZ-0505) 7) 1st R, Ord. #2007-0-, 442 rezonings 8) Washington Park preliminary plat approval DEVELOPMENT SERVICES (pLANNING) DEPARTMENT PROJECTS 1) Subdivision Architectural Design Standards 2) US # 1 Corridor Guidelines 3) Capital Improvement Element 4) Recreation/Open Space Element 5) Capital Improvement Plan M:\CounciJ Agenda's\Tentative Agenda List\2008\aitems 7-21-08.doc Rev. 6-5-08