2003-R-18
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RESOLUTION NO. 2003-R-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW ATER, FLORIDA; OPPOSING VOL USIA COUNTY'S
PROPOSED AMENDMENTS TO CHAPTER 46, ARTICLE III,
CODE OF ORDINANCES, COUNTY OF VOLUSIA,
RELATING TO EMERGENCY MEDICAL AND
PARATRANSIT SERVICES; CALLING FOR FURTHER
NEGOTIATION WITH VOLUSIA COUNTY FOR AN
INTERLOCAL AGREEMENT WITH RESPECT TO
EMERGENCY MEDICAL SERVICES AND A CLOSEST UNIT
RESPONSE PROGRAM; REPEALING RESOLUTIONS IN
CONFLICT HEREWITH; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Edge water, Florida, has made the following determinations:
1. The City of Edgewater provides emergency medical, fire and law enforcement
services to its citizens; and
2. The City supports and encourages the negotiation and development of an interlocal
agreement with the County of V olusia (the "County") for emergency medical services and a closest
unit response program; and
3. The City and the cities of New Smyrna Beach and Port Orange, have created a
regional emergency communication system serving emergency medical, fire and law enforcement
services within the cooperating cities which provides for the operation of fire and emergency medical
closest unit response; and
4. The City has further entered into a Memorandum of Understanding with the Cities
of Ormond Beach, Holly Hill, Daytona Beach, South Daytona, Port Orange and New Smyrna Beach
for the creation of an emergency medical and fire closest unit response plan serving the multiple
cooperating cities; and
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5. The County now proposes an ordinance that would unilaterally require all municipal
governments to enter into certain interlocal agreements with the County and require the provision
of emergency medical services to other jurisdictions, including but not limited to the County, under
the threat ofthe loss ofthe City's otherwise valid and renewable Certificate of Public Convenience
and Public Necessity; and
6. The County's proposed ordinance fails to address essential terms ofthe City's closest
unit response program and other requirements imposed by the contemplated interlocal agreement
pursuant to the Memorandum of Understanding; and
7. The City opposes a countywide unilateral proposal to create for its citizens an
infrastructure to provide communications, medical director, emergency medical services and other
mandatory requirements that it believes would be inferior to the present services its citizens presently
enJoy.
NOW, THEREFORE, be it resolved by the City Council ofthe City of Edge water, Florida:
Section 1. The City Council hereby affirms that the safety and welfare of the citizens of
Edgewater and the County should be carefully considered in the development of all emergency
medical, fire and law enforcement services through lawful mutual aid and interlocal agreements.
Section 2. The City has participated in and remains committed to furnishing emergency
medical services that are in the best interest of its citizens and that of the County by negotiation with
the County Council and area cities in an effort to develop a plan for emergency medical fire and law
enforcement services.
Section 3. The City staff is directed to attempt to negotiate with the County and other area
cities in an effort to establish a mutual closest unit response program.
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Section 4. The City requests that the County refrain from adopting its ordinance before the
City and other area cities are allowed an opportunity to mutually agree upon the essential terms and
revisions to the proposed ordinance in order to establish legally binding obligations.
Section 5. The City staff is directed to advise the County officials that the City believess
the County's proposed ordinance should be rejected by the County for a number of reasons,
including but not necessarily limited to the following:
a. The County Ordinance does not provide for the vote of the electors of the County
or the City as required by Article VIII, Section 4 of The Constitution of Florida when
any function or power of a county or municipality is transferred to or contracted to
be performed by another government;
b. The County lacks authority to mandate the City's exercise of its extraterritorial
powers as established pursuant to Article VIII, Section 2(b) of the Constitution ofthe
State of Florida;
c. The County ordinance does not comply with Section 401.25, Florida Statutes, which
requires the County to consider the recommendations of municipalities within its
jurisdiction in adopting reasonable standards for issuance of Certificates of Public
Convenience and Necessity;
d. The mandates contained in the County ordinance exceed the County's authority in
adopting reasonable standards for issuance of Certificates of Public Convenience as
provided for in Section 401.25, Florida Statutes;
e. The County ordinance lacks essential terms relating to the manner of funding for the
creation of the infrastructure and other essential terms of programs and plans
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proposed by the ordinance;
f. The County ordinance fails to provide any level of intergovernmental cooperation;
g. The County ordinance ignores the City's existing regional approach to the furnishing
of emergency medical services, including closest responder services and related
dispatch;
h. The City believes that the proposed County ordinance, if adopted as currently
drafted, would result in a lesser level of service to the citizens of Edgewater and its
neighboring cities than that which the citizens presently enjoy.
Section 6. The City Manager of the City is hereby authorized to provide a copy of this
Resolution to the County Manager and the V olusia County Council to demonstrate its opposition
to the currently proposed draft of the County ordinance.
Section 7. City staff is hereby authorized to contact the County in an effort to cooperate with
and negotiate in good faith with the County and other area cities in an effort to establish an
emergency medical services and closest unit response program as part of an interlocal agreement.
Section 8. All resolutions or parts of resolutions in conflict herewith be and same are hereby
repealed.
Section 9. This resolution shall take effect upon adoption.
2003-R-18
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AllerMotionby Councilwoman Rhodes andSeoondby Councilwoman Lichter
the vote on this resolution was as follows:
AYE NAY
Mayor Donald A. Schmidt x
Councilman James P. Brown x
Councilman Myron F. Hammond x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 1[th day of August, 2003.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
2003-R-18
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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: o
Donald A. Schmidt
Mayor
Robia L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 18th day
of August, 2003 under Agenda Item No.6 C
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EXHIBIT "A"
LEGAL DESCRIPTION
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A portion ofthe Northerly ~ of Lot 133, Wildwood Subdivision Unit 3, as recorded in Plat
Book 33, Page 35 of the Public Records of Volusia County, Florida and being more
particularly described as follows:
Commencing at the Northeast comer of said Lot 133 run S 20018'34" E, a distance of37.59
feet to the Southeast comer of the North ~ of said Lot 133; thence S 69043'26" W, along the
Southerly line ofthe North ~ of said Lot 133,10.00 feet to the Point of Beginning; thence
continuing along said line S 69043'26" W, a distance of 100.00 feet; thence, departing said
line, N 20018'34" W, a distance of 10.00 feet; thence N 69043'26" E, along a line 10.00 feet
Northerly of and parallel with the South line ofthe North ~ of said Lot 133, a distance of
100.00 feet; thence S 20018'34" E, a distance of 10.00 feet to the Point of Beginning.
(Easement/Utility Easement - Krueger -Ramos)
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SL~ER ,,& ASSOCn\.TES,
PROFESSIONAL LAND SURVEYORS
LICENSED BUSINESS CERTIFICATION NO, 3019
3921 NOVA ROAD
PORT ORANGE, FL. 32127
(386) 761-5385
Copyright @ 2002 Sliger & Associates, Inc,
WWW.SLlGERASSOCIATES.COM
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SUBJECT PROPERTY
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LOT 132
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, TOP OF BANK -'
11 2. 52 (M ~ (DEC. 14. 2002)
112.50' (p) SKETCH OF DESCRIPTION ONLY LS#2057
NOT A BOUNDARY SURVEY
ABBREVIA TIONS SHEET 1 OF 2
FOR: LORI A. KRUEGER
DESCRIPTION: A PORTION OF THE NORTHERI Y 1 /2 OF LOT
133, WILDWOOD SUBDIVISION UNIT 3, AS RECORDED IN
PLAT BOOK 38, PAGE 35 OF THE PUBLIC RECORDS OF
VOl USIA COUNTY, FLORIDA (SEE SHEET 2 OF 2 FOR
COMPLETE LEGAL DESCRIPTION)
S20'17'10"E
S20'18' 34"E
UNPLA TTED
DATA COLLECTION FILE NO, 023421 JOB #03-1746
SCALE 1"=20' FIELD BOOK 1065 PAGE 66
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NORTH HAI_F
LOT 13f
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N20'18'34"W
10.00'
(P) PLATTED DIMENSIDN LEGEND
(D) DEEDED DIMENSIDN
(M) MEASURED DIMENSIDN . IRDN ROD WITH CAP
(C) CALCULA TED DIMENSION 0
ID IDENTIFICA TION IRON PIPE
Alc AIR CONDITIONER 0 CONCRETE MONUMENT
RIW RIGHT OF WAY
It CENTERLINE . PERMANENT REFERENCE
MONUMENT
D CENTRAL ANGLE
R RADIUS 8- PERMANENT CONTROL
L ARC LENGTH POINT
CB CHORD BEARING (R) RADIAL LINE
FP"'L CO. FLORIDA POWER '" (NR) NON-RADIAL LINE
LIGHT COMPANY
N.G.V.D. NA TIONAL GEODETIC 0 EXISTING ELEVATION
VERTICAL DATUM
. U.S.C. &: G.S. UNITED STATES COAST CJ PROPOSED ELEVATION
AND GEODETIC SURVEY
SLh;ER & ASSOC1tiTES, INC.
4
PROFESSIONAL LAND SURVEYORS
LICENSED BUSINESS CERTIFICATION NO. 3019
3921 NOVA ROAD
2 PORT ORANGE, FL. 32127
(386) 761-5385
Copyright 0 2002 Sliger & Associates, Inc.
WWW.SLIGERASSOCIATES. COM
SURVEYORS NOTES
1. NOTICE: THERE MAY BE ADDITIONAL RESTRICTIONS AND/OR OTHER MATTERS THAT ARE NOT SHOWN ON THIS
PLAT OF SURVEY/SKETCH OF DESCRIPTION THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. THIS
SURVEY/SKETCH OF DESCRIPTION PREPARED WITHOUT BENEFIT OF AN ABSTRACT.
2. DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF. SL [
3. BEARING STRUCTURE BASED ON RECORD PLAT WITH THE BEARING ON THE EAST LINE OF THE SUBJECT o,a(D
PROPERTY BEING S20'18'34"E. C3 3 ..r
4. UNDERGROUND FOUNDATIONS, IF ANY, NOT LOCATED.
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5. ELEVATIONS REFER TO N.G.V.D. OF 1929, PER U.S.C.& G.S. BENCHMARK -------- ___ HAVING A mF
PUBLISHED ELEVATION OF ---- _--- FEET. Yac-3[
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6. THIS PROPERTY IS LOCATED IN FLOOD INSURANCE RATE MAP (F.I.R.M.) ZONE X. THIS LOCATION IS DETERMINED
BY SCALING FROM F.I.R.M. MAP NO. 12127CO685 G. MAP EFFECTIVE DATE: APRIL 15. 2002. APPROXIMATE SCALE:
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7. FLOOD ZONE CERTIFICATION ADDED TO SURVEY DEC. 14, 2002 (02-3421). 12
S. "NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND
MAPPER." ``\\..''
9. UNLESS OTHERWISE SHOWN, RECORD DISTANCES,. D DIRECTIONS AND FIELD MEASURED DISTANCES AND
DIRECTIONS ARE THE SAME.
10. REVISED TO CORRECT TYPOGRAPHIC ERRORS IN DESCRIPTION. JULY 8, 2003 (STK)
NOTE:
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
REFERENCE: LOT 132 AND THE NORTHERLY 1 SUBDIVISION UNIT 3
PLAT PREPARED FOR THE FOLLOWING: ONLY THE LAST DATE IS CERTIFIED ON SEALED COPY
THIS PLAT OF SURVEY IS CERTIFIED TO AND PREPARED FOR THE SOLE AND EXCLUSIVE BENEFIT OF THE ENTITIES AND\OR
INDIVIDUALS LISTED BELOW, ON THE MOST CURRENT DATE, AND SHALL NOT BE RELIED UPON BY ANY OTHER ENTITY OR
INDIVIDUAL WHOMSOEVER.
LEGAL DESCRIPTION:
A PORTION OF THE NORTHERLY 1/2 OF LOT 133, WILDWOOD SUBDIVISION UNIT 3, AS RECORDED IN PLAT BOOK 38.
PAGE 35 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 133 RUN S2018'34"E A DISTANCE OF 37.59 FEET TO THE
SOUTHEAST CORNER OF THE NORTH 1/2 OF SAID LOT 133; THENCE S69'43'26"W, ALONG THE SOUTHERLY LINE OF THE
NORTH 1/2 OF SAID LOT 133, 10.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE
S69"43'26"W A DISTANCE OF 100.00 FEET; THENCE, DEPARTING SAID LINE, N2018'34'W A DISTANCE OF 10.00 FEET;
THENCE N69'43'26"E, ALONG A LINE 10.00 FEET NORTHERLY OF AND PARALLEL WITH THE SOUTH LINE OF THE NORTH
1/2 OF SAID LOT 133. A DISTANCE OF 100.00 FEET; THENCE S2018-34"E A DISTANCE OF 10.00 FEET TO THE POINT
OF BEGINNING.
CONTAINING 1.000 SQUARE FEET, MORE OR LESS.
TYPE OF SURVEY CERTIFIED TO SURVEY DATE JOB NUMBER
SKETCH OF
DESCRIPTION
LORI A. KRUEGER
JUNE 24, 2003
03-1746
NOT CERTIFIED TO ANY ENTITIES AND/OR INDIVIDUALS
OTHER THAN THOSE LISTED ABOVE.
SHEET 2 OF 2 VALID WITH SIGNATURE & EM90SSED SEAL ONLY
FOR : LORI A. KRUEGER
.I'HEREBY OFR7IFY. [H I6,PLAT
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MEETS THE M1IIIMUTA CNp9CAL
STAN D,ISRII.�'66FF�� 3( B '14E .
FLORgiA,6RARQi OFF 09 ZONAL
LAND SQRVE SS,
61 CT7'S, F RIDA AD ME
CODE PU ANT TO N _
072 027 DA-S. e. •,:
DATE
JOB N0.
P.C.
DRW
CHECKED BY
SKETCH OF DESCRIPTION
JUNE 24 2003
03- 7
BOUNDARY SURVEY
—
TOPOGRAPHIC SURVEY
FOUNDATION LOCATED
FINAL IMPROVEMENTS
RECERTIFICATION
STEPN ,uj p
JE'"Z yl$1 NO'
$j i,�x cP4'S..
E O VAN HI.CEK JR, Y;S.M. N0. 61 6149
PROPOSED HOUSE LOCATION