08-07-2006
(J
-AMENDED-
o
Voting Order
Councilwoman Rogers
Councilman Vincenzi
Councilwoman Rhodes
Councilwoman Lichter
Mayor Thomas
CITY COUNCIL OF EDGEW A TER
AGENDA
REGULAR MEETING
August 7, 2006
7:00 PM
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 of June 19, 2006
B. Regular Meeting of July 10, 2006
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CER TIFICA TES/DONA TION
4. CITY COUNCIL REPORTS
5. 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.
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Public Hearing, Edgewater Harbor, LLC, requesting Amendment No.2 to
the Planned Unit Development Agreement for Edgewater Harbor.
Small Scale Comprehensive Plan Amendments:
B. 2nd Reading, Ord. No. 2006-0-04, James Morris, agent for Charles and
Phyllis Barry, requesting an amendment to the Comprehensive Plan Future
Land Use Map to include 5.042= acres ofland located south of SR442 and
west of Old Mission Road as Commercial with Conservation Overlay, cont.
from 6/05/06, item 6D.
Ordinances:
C. 2nd Reading, Ord. No. 2006-0-26, amending Chapter 11 (Occupational
Licenses, Taxes and Regulations) of Article I (General) by amending
Sections 11-7 (Administrative Fees, Application Fees and Inspection Fees)
and 11-8 (License Tax Schedule) of the Code of Ordinances.
D. I st Reading, Ord. No. 2006-0-27, staff recommending proposed text
amendments to the Land Development Code.
(J
o
City Council Agenda
August 7, 2006
Page -2-
7. BOARD APPOINTMENTS
A. Planning and Zoning Board - nomination by Councilman Vincenzi to fill the
remaining term of Todd Fuhrmann due to his resignation.
B. General Employees Pension Board - Council approval of Interim City
Manager's appointment of Brett Tanner to fill the remaining term of Jon
Williams.
8. CONSENT AGENDA - None at this time.
9. OTHER BUSINESS
A. Grant Acceptance - staff recommending approval to accept a Federal Hazard
Mitigation Grant to install Fabric Shield storm panels to critical City
facilities for the sum of $26,710.00 with a City match of $8,561.00, and
authorize the Mayor or City Manager to execute the documents.
B. Employee Insurance - staff recommending approval to renew the City's
Florida Health Care plans and Jefferson Pilot Disability plan, changing to
Met Life for dental and life insurance and authorizing the Mayor or City
Manager to sign the contracts.
(added)C. Pension Boards - staff recommending approval to enter into an agreement
with the legal firm of Christiansen & Dehner to provide legal services to the
General Employees and Police Pension Board and to contract with Foster &
Foster to prepare an actuarial report for the General Employees and Police
Pension Boards.
10. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
11. CITIZEN COMMENTS/CORRESPONDENCE
A. Tentative Agenda Items
12. ADJOURN.
Note: All items for inclusion on the August 21, 2006, agenda must be received by the City
Manager's office no later than 4:30 p.m Fridav, August 11,2006.
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 Susan Wadsworth, 104 N. Riverside Drive, Edgewater, Florida,
telephone number 386-424-2407, 5 days prior to the meeting date. If you are hearing or voice impaired, contact
the relay operator at 1-800-955-8771.
I: \1 iz _ docs\agendas\08 0 706reg
AGENDA REQUEST
Date: Julv 28. 2006
PUBLI C
HEARING
August 7.2006
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Edgewater Harbor, LLC, requesting Amendment No.2 to the Planned Unit Development Agreement for
Edgewater Harbor.
PROPOSED USE: Townhomes, marina, and marina related facilities to be known as Edgewater Harbor
LOCATION: 4015 S. US Highway 1 (PID # 8538-01-00-0100)
AREA: 60 x acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Mixed Use with Conservation Overlay
ZONING DISTRICT: RPUD (Residential Planned Unit Development)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Desi/!11ation Zonine District
North Hacienda Del Rio Commercial with Conservation B-3 (Highway Commercial),
residential Overlay, Volusia County - Volusia County MH-1W
development Urban Medium Intensitv (Mobile Home Park)
East Indian River Indian River Indian River
South Boston Whaler Volusia County - Industrial V olusia County 1-3W
(Waterfront Industrial)
West Vacant Volusia County - Industrial Volusia County 1-1 (Light
Industrial) & 1-4 (Industrial
Park)
Background
In September 2003, the City advertised a Request for Proposal (RFP) seeking qualified development
teams and received four (4) proposals.
During the November 10, 2003 Special Meeting of the City Council, the proposal by Edgewater Harbor
LLC was ranked first and chosen as the top submittal for the development with the highest and best use
of the property. On June 21, 2004 City Council approved the RPUD Zoning Classification and RPUD
Agreement.
The applicant was previously approved for a maximum of 580 condominium units, a marina and
waterfront related commercial. The proposed condominium development was for a total of eight (8)
buildings with a maximum height of 95-feet.
The applicant is requesting to amend the P.U.D. Agreement to allow for the construction of
Edgewater Harbor PUD(2)
approximately 450 townhome residential dwelling units, with a height not to exceed 50-feet. The
majority ofthe proposed commercial has been shifted from the waterfront to the US Highway 1 frontage.
The proposed number of wet slips has been reduced from 30 to 10 and the dry slips have been
eliminated.
It should be noted that no modifications are proposed to the agreement between Edgewater Harbor LLC,
the City and Boston Whaler.
Land Use Compatibility
The proposed land use will provide a suitable transition and buffer between the residential use to the
north and the industrial use to the south.
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway
1. The City of Edgewater has verified that potable water is available along U.S. 1 and that sufficient
water capacity exists for this project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater
Treatment Plant and is conveyed via a force main. County staff has indicated that there is adequate
wastewater treatment and disposal capacity for this project.
The traffic impact study has been reviewed and approved for concurrency with current level-of-service
roadway standards. V olusia County staff has indicated that this roadway segment currently operates at
a Level of Service B.
Natural Environment
The Pine Flatwood community is the largest of the three upland communities found on site. The
vegetation is predominately slash pine (Pinus elliottii) with a subcanopy of saw palmetto (Serenoa
repens), sand live oak (Quercus gerinata), and smaller canopy species. Ground cover species included
bracken fern (Pteridium aquilinum), southern fox grape (Vitus rotundfolia), and blackberry (Rubus
betulifolius). A deep leaf layer indicated that fire has been precluded from this comm unity. There was
little to no exposed sand areas and poor forage opportunities for gopher tortoises.
The Xeric Oak comm unity in the North-central portion of the site consists of a canopy of scrub oak and a
subcanopy dominated by saw palmetto. Blazing star (Liatris spicata), wire grass (Aristida stricta), and
southern fox grape were observed in the ground cover. Like the pine flatwood community this xeric
community lacked significant forage species for the gopher tortoise.
One of the two hydric communities observed on the property, the remnant ditch, lies between the Xeric
Oak and Cabbage Palm communities. The second hydric community, the Tidal Marsh located in the
northeastern corner of the property drains to the Indian River. This marsh system is a mitigation area
for impacts under previous activities on site.
The remaining upland community is the Cabbage Palm community located at the easterly edge of the
remnant natural communities on site. Here the dominate species found in the canopy include cabbage
palm (Sabal palmetto), live oak (Quercus virginiana), and pignut hickory (Carya glabra). Little to no
ground cover was observed to include a significant amount of shell material.
Two of the areas identified as reservoirs less than ten acres appear to be remnant borrow areas. Due to
lack of maintenance of the site vegetative growth in these systems now includes sand cordgrass
(Spartina baken), pennywort (Hydrocotyle umbellate), and torpedo grass. The remaining surface water
area observed would be considered a storm water pond as there is a concrete control structure found
within.
The developer has provided a Phase I and Phase II environmental assessment concerning possible
contamination. There has been no indication of contamination found on"site during either phase of the
Edgewater Harbor PUD(2)
2
environmental assessment.
Comprehensive Plan Consistency
The City Future Land Use is Mixed Use with Conservation Overlay. A mixed use of residential and
commercial, including the marina, is a desirable transitional use, as this parcel has residential to the
north (Hacienda Del Rio) and industrial to the south (Boston Whaler). The type of transition is
addressed in Policy 1.5.4 of the Future Land Use Element in the City of Edgewater Comprehensive Plan,
which states: "Intensive commercial and industrial land uses shall be buffered from low"density
residential areas. This will be accomplished by locating less intensive transitional uses in between, or by
visual buffering with berms, trees, or other methods to be included in the Land Development Code as
deemed appropriate by the City".
STAFF RECOMMENDATION
Staff recommends approval of Amendment No.2 to the P.U.D. Agreement for the Edgewater Harbor
Development.
ACTION
Motion to approve Amendment No.2 to the P.U.D. Agreement for the Edgewater Harbor Development.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Darren Lear
Development Services Director
~~~J ~~"i.,f\-1\ ,~~~~~ ~\~.
Robin Matusick J\n Williams
Paralegal Interim City Manager
Edgewater Harbor PUD(2)
3
THIS INSTRUMENT PREPARED BY:
Paul E. Rosenthal, Esquire
FOLEY & LARDNER
111 North Orange Avenue, Suite # 1800
P.O. Box 2193
Orlando, FL 32802-2193
AFTER RECORDING RETURN TO:
Robin L. Matusick, Paralegal
LEGAL DEPARTMENT
CITY OF EDGEWATER
P.O. Box 100
Edgewater, FL 32132-0100
For Recording Purposes Only
PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
EDGEW ATER HARBOR DEVELOPMENT
AMENDMENT NO. t~
THIS AMENDMENT TO THE PLANNED UNIT DEVELOPMENT (PUD)
day of
, 2006 by and
AGREEMENT is made and entered into this
between, the CITY OF EDGEW A TER, FLORIDA, a municipal corporation, whose mailing
address is P. O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter referred
to as "City") and EDGEW ATER HARBOR, LLC, a Florida Limited Liability Company, with
Hawk McMillan as the authorized agent, whose address is 2 Jungle Hut Road, Suite 2, Palm
Coast, Florida 32137 (hereinafter referred to as "Developer") and who has authorized Gielok
EngineeIing, 'With Kathleen N. Gielok Atlas Desien Group. Inc.. with Curt M. Wimpee as
the authorized agent, as Edgewater Harbor Engineer of Record. The purpose of this Agreement
is to define the terms and conditions granting the development approval of the subject property.
(AgreemenUZoning - Edgewater Harbor-Amendment#2)
1
In all other respects, the terms and conditions of that certain Planned Unit Development
(PUD) Agreement dated June 21,2004 and recorded on June 23, 2004 at Official Records Book
#5346, Pages 557 through 581, shall remain in full force and effect.
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set
forth herein and other good and valuable consideration, the parties agree as follows:
1. LEGAL DESCRIPTION AND OWNER
The land subject to this Agreement is approximately 59.94 acres located East of U.S.
Highway Number 1, V olusia County, Florida (hereinafter referred to as Property). The legal
description of the Property is attached hereto as Exhibit "A" - Legal Description. The Record
owner of the subject Property is Edgewater Harbor, LLC.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the title to the Property.
The Developer shall commence construction of Edgewater Harbor as defined by the revised
Master Plan, dated April 2006 (Exhibit "B" included herein), within one (1) year of the
effective date of this Agreement. Developer's failure to initiate construction within the time
frame identified herein may result in the City's termination of the Agreement. The City
acknowledges that this project may be developed in phases, and location of building structures
may be altered as necessary for permitting or other conditions. The proiect is planned to be built
in four (4) phases of approximately one-hundred ten (110) residential units per phase.
Construction of one or more phases may overlap. Developer agrees to begin construction of the
southeastern commercial facility no later than the commencement of the third phase of
(Agreement/Zoning - Edgewater Harbor-Amendment#2)
2
residential units. Developer agrees to begin construction of the commercial facilities adiacent to
the US Highway 1 entrance to the property no later than the commencement of the fourth phase
of residential units. All building location alterations shall adhere to the site criteria and buffer
restrictions set forth herein. The foregoing deadline for commencing construction shall apply
only to the construction of the initial phase. For purposes of this Agreement, construction shall
be deemed commenced on the Developer's beginning excavation and site work necessary for
construction of the development. The City, at its sole option, may extend the deadline for
commencing construction. All development must be consistent with the revised Master Plan and
must be approved by City Council (in the form of a preliminary plat or site plan approval) prior
to commencement of any authorized work. Final Construction Plan approval shall include, but
not be limited to utilities, stormwater, traffic, fire rescue, pedestrian systems, street lighting, law
enforcement, environmental, solid waste containment, and planning elements, including
landscaping, signage and pavement markings.
3. DEVELOPMENT USES PERMITTED
The Developer hereby agrees to develop the Property subject to the terms of this
Agreement and in accordance with the City of Edgewater's Land Development Code as it may
be amended from time to time. The Developer further agrees that all development will be
consistent with the Edgewater Harbor revised Master Plan dated April 2006 (Exhibit "B"), or
such subsequent Master Plan as may be approved by the City. The Master Plan generally
includes multi-story residential condominiums and public-access waterfront commercial/retail
space, including a restaurant. A dry-5tack boat storage building and commGrcial waterfront
(Agreement/Zoning - Edgewater Harbor-Amendment#2)
3
aGCC55 will bc allowcd if pc,ilnitabk tlnongh jmisdktional agchcie5. If a boat 5tOlage building
and commercial waterfront acce55 arc not &a5ibk, fOI whatevel leMon, the alea de5ignated on
the Mastel Plan a5 "Ji'trtme Comnlelcial/Commelcial Watcrflont Access" facilitics will be
trtiliz:cd M additional collullelcial facilities. Edgewater Harbor shall be developed consistent
with the City's development procedures. Final project approval may be subject to change based
upon final environmental; permitting. As described in Section 3.F. of this document, the
developer will establish a Condominium Association for the residential portion of this project
and a Property Owner Association for the commercial portion of this project (hereinafter referred
to as Associations).
SITE DATA
Overall Site Commercial Residential
Total Land Area Approx. 12 acres Approx. 48 acres
Approved Zoning RPUD RPUD
Approved Land Use Designation Mixed Use Mixed Use
w/conservation w/conservation
overlay overlay
Maximum Number of Units 100,000 s.f. 450 Units
Required Open Space 30% 30%
Maximum Building Height 60' 50'
Maximum Impervious Surface
Area (Overall Site) 70% 70%
Number of Wet Marina Slips 3B 10
(Agreement/Zoning - Edgewater Harbor-Amendment#2)
4
Ntlnlbcl of Dry Slip5
JOO
Proposed Impervious Surface Area
Right-of-way (Roadways, Parking,
Sidewalks)
6.8 acres
6.5 acres
Building Pad
2.3 acres
8.5 acres
Retention Ponds
+2 acres
+ 8 acres
Minimum Living Area
NA
1,200 s.f.lunit
Maximum Building Coverage
40%
40%
Minimum Buildin\: Setbacks
North Property Line
20 ft. road, 75 ft. bldg.
20 ft. road, 75 ft. bldg.
East Property Line
20 ft.
NA
South Property Line
10 ft.
150 ft.
West Property Line
NA
40'
Minimum Buildin~ Separation Requirements
Building separations will comply with the current Florida Building Code and applicable
Fire Code.
Parking
Required Spaces
1 sp.l250 s.f.
1.5 sp.unit + 5% additional
for visitors
A. Roads
There shall be one access/entrance permitted from U.S. 1 to service Edgewater Harbor,
with a minimum right-of-way width of sixty-five (65) feet. Right turn/deceleration and left turn
(Agreement/Zoning - Edgewater Harbor-Amendment#2)
5
lanes will be required on U.S. I. The existing left turn lane and a traffic signal at the entrance
will be modified/added at the cost of Edgewater Harbor, LLC, if a traffic study proves an
upgrade to be necessary. The project will also be permitted one (1) emergency service access
from U.S. 1. The main private residential roadway shall have a minimum right-of-way width of
fifty (50) feet. All roadways shall be designed to the City's Land Development Code standards.
There shall be one (1) ungated public-access main road to serve the commercial facilities
and one or two private-access(es), gated road for residents and authorized guest~ to access the
residential buildings and facilities. All interior roads, gated and ungated, shall be maintained by
the respective Associations. Turn lanes for access to commercial sites and residential sites may
be required within the proiect with a needs determination at the time of site/construction plan
approval for each phase. Adequate stacking distance and turnarounds shall be provided at all
residential access points.
B. Drainage Facilities
The Retention Pond(s) will meet the requirements of the St. Johns River Water
Management District, the City, and all other jurisdicting agencies. The retention pond(s) shall be
sized, designed and permitted to treat the stormwater for the entire 59.94 acres, in accordance
with the City's Land Development Code, and have a positive outfall to the Indian River. The
Ponds will be owned and maintained by the respective Association.
Storm water currently permitted to enter the site will continue to be accepted at the
currently permitted "CFS" (cubic feet/second).
(Agreement/Zoning - Edgewater Harbor-Amendment#2)
6
C. Signage
The development will be allowed either (i) two (2) monument/ground signs along U.S. 1 -
one (1) for the commercial development and one (1) for the residential development; or (ii) a
combination of permanent square footage for one (1) sign. Two (2) ground signs will be allowed
adjacent to the commercial facilities and the commercial parking area. Directional, "non-
advertising" signage shall be allowed throughout the development. Wall signage for the
commercial and waterfront facilities if included shall conform to the City's Land Development
Code. All other signage shall conform to the City of Edgewater Land Development Code.
D. Trees/Landscaping
Landscaping for Edgewater Harbor shall meet or exceed the City's Land Development
Code Tree Protection Requirements. Landscaping and irrigation plans must be submitted with
final construction plans for each phase.
E. Irrigation
All common areas and the entrance medians will be irrigated by reclaimed water or from
a surface water system upon proper permitting and approval.
F. Declaration of Covenants. Conditions and Restrictions
Edgewater Harbor will develop and submit condominium, and property owner
association documents in accordance with all City, County, State and Federal laws, regulations,
and guidelines. Further, Edgewater Harbor shall include in any and all such documents the
following language, in similar font, size, and typeface:
NOTICE:
PURSUANT TO THE TERMS OF THAT CERTAIN AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANT AS TO USE DATED MAY
(Agreement/Zoning - Edgewater Harbor-Amendment#2)
7
5, 2004, AND RECORDED IN OFFICIAL RECORDS BOOK 5318 PAGE
3140, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA (THE
"DECLARATION'~, THE USE OF THE SUBJECT PROPERTY IS
RESTRICTED TO PROHIBIT RESIDENTIAL USE ON THE SOUTHERLY
150 FEET, BY ACQUIRING ANY INTEREST IN THE SUBJECT
PROPERTY, YOU WILL BE BOUND BY THE TERMS OF SAID
DECLARATION INCLUDING THE WAIVER OF ANY AND ALL RIGHTS
TO BRING A COURSE OF ACTION AGAINST THE OWNER(S) OF
ADJACENT LAND FOR NUISANCE, ANNOYANCE, EXCESSIVE NOISE
OR ODORS, OR ANY CLAIMS RELATED THERETO, SO LONG AS THAT
PROPERTY IS USED FOR INDUSTRIAL OR MANUFACTURING
PURPOSES. IF YOU HA VE QUESTIONS REGARDING THE SAME,
PLEASE CONSULT WITH A REAL ESTATE ATTORNEY.
G. Once Developer has obtained approval for development of the Project from the
City, the City may permit Developer to install a temporary construction/sales trailer on the
subject property.
H. Berm
Developer hereby agrees that a landscaped buffer and berm will be constructed within the
one hundred fifty foot (150') building setback on the southern most property line where
residential use is adjacent to industrial zoned property. The landscaped buffer and berm shall
comply with the applicable standards set forth in the City Land Development Code and shall:
1. Extend from the right of way or setback along U.S. Highway 1 to
the dry boat storage building commercial facility located on the
southeastern portion of the property;
2. Be an average width of fifty feet (50') along the total length of the
berm;
3. Be a minimum width of forty feet (40') at anyone point;
(Agreement/Zoning - Edgewater Harbor-Amendment#2)
8
4. Be a minimum of four feet (4') in height with a 3:1 slope; and
5. Have landscaping with a minimum of fifteen feet (15') height and
fifty percent (50%) opacity within one (1) year.
The berm and associated landscaping within the buffer shall be constructed in
conformance to the Typical Landscape Buffer Plan, a copy of which is attached hereto and
incorporated by reference in Exhibit "C". During the submittal process, Developer will provide
a complete set of landscape design plans to the City.
Notwithstanding anything to the contrary contained in this Agreement or the City's Land
Development Code, no brick or block wall or fencing of any type shall be required within the
berm or between the Property and the neighboring property to the south.
4. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for Edgewater Harbor currently is Mixed Use with
Conservation Overlay. The zoning designation for Edgewater Harbor is RPUD (Residential
Planned Unit Development).
5. PUBLIC FACILITIES
A. Developer agrees to connect to and utilize, the City's water distribution system.
Developer agrees to connect to the City's potable system at the nearest point of connection, with
a minimum of eight inch (8") water main throughout the development. City agrees to reserve
potable water capacity within its system up to an average daily flow of 170,000 gallons per day
for this project as Developer complies with Paragraph 5.0. of this document. All water main
distribution system improvements will be installed by the Developer and conveyed to the City by
(Agreement/Zoning - Edgewater Harbor-Amendment#2)
9
Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of
platting or site plan approval, or in accordance with the requirements contained in Section 5.K.6.
- Bonds as it relates to performance bonds.
B. Developer agrees to connect to and utilize, the County's wastewater transmission
and collection system. City agrees to reserve capacity within it's wastewater system, up to an
average daily flow of 150,000 gallon per day for this project, as Developer complies with
Paragraph 5.G. of this document. All wastewater collection and transmission system
improvements will be installed by the Developer and conveyed to the City by Bill of Sale in a
form acceptable to the City and dedicated to the City prior to or at the time of platting or in
accordance with the requirements contained in Section 21-165 of the Land Development Code.
C. All electrical services will be underground.
D. Interior Roadway improvements and all associated rights-of-way shall be
privately maintained by the respective Associations.
E. Off-site improvements (including but not limited to intersection improvements,
turn lanes, acceleration lanes, deceleration lanes, signalization), if any, are the Developer's
responsibility and shall meet all City, County and/or State requirements and approval.
F. Impact fees for each dwelling unit will be paid in accordance with the following
schedule:
Water - Paid to City by applicant at the time ofFDEP Capacity Reservation (Permit).
Sewer - Paid to City by applicant at the time ofFDEP Capacity Reservation (Permit).
(Agreement/Zoning - Edgewater Harbor-Amendment#2)
10
Guaranteed Revenue - A minimum water and sewer charge shall be applied to each
E.R.U. reserved ifnot connected within one (1) year of reservation.
Police, Fire, Recreation - Paid to City by applicant at the time of Building Permit
application.
City Road Impact Fee - Paid to City by applicant at the time of Building Permit
Application.
Volusia County Impact fees for Roads and Schools - Paid at City Hall by applicant prior
to a Building Certificate of Occupancy.
Developer shall pay Transportation Proportionate Fair Share amount as adopted by City
Council.
The amount of all required impact fees shall be at the prevailing rate authorized at the
time of building permit application.
G. All infrastructure facilities and improvements shall be constructed in compliance
with applicable federal, state, and local standards.
H. A concurrency review shall be conducted to ensure that all required public
facilities are available concurrent with the impacts of the development.
I. Developer agrees to reimburse the City of Edgewater for direct costs associated
with the legal review, engineering review and construction inspection related to the Edgewater
Harbor development approval and the construction of required infrastructure improvements and
the review and approval of the final plat.
(Agreement/Zoning - Edgewater Harbor-Amendment#2)
11
J. The developer shall provide all public facilities to support this project including
the following:
I. Water Distribution System including fire hydrants.
2. Sewage Collection and Transmission System.
3. Stormwater collection/treatment system.
4. Provide all required pavement marking and signage (stop signs, road signs, etc.)
within the Project. All signage shall comply with Florida Department Of
Transportation (FDOT) standards.
5. Developer is responsible for recordation of plat upon approval by the City of
Edgewater.
6. If developer desires to plat prior to installation and dedication of infrastructure, a
Performance Bond shall be required for 110% of the costs of all requirement
improvements. A Maintenance Bond equal to 10% of the cost of the
infrastructure improvements shall be provided to the City prior to recording of the
Final Plat. The Maintenance Bond shall be in effect for a two (2) year period.
7. The Developer shall provide a recreational jogging path along the perimeter of the
property with a natural surface cover. Pedestrian circulation systems shall be
maintained by the respective Associations.
8. Street Lighting shall be maintained by the respective Associations and be
installed by the Developer at time of infrastructure or prior to the issuance of the
Certificate of Occupancy for the first building of each phase.
(Agreement/Zoning - Edgewater Harbor-Amendment#2)
12
K. Recreational Facilities
The Developer agrees to construct a recreational facility accessible to residents to include
a pool, cabana, landscaping, irrigation, lighting and parking.
6. CONSISTENCY OF DEVELOPMENT
The City agrees to issue the required permits for the development in the manner defined
III the Agreement after having determined it is not contrary to the City of Edgewater
Comprehensive Plan and Land Development Code.
7. DEDICATION OF LAND FOR PUBLIC PURPOSES
The Developer shall convey to the City of Edgewater, by warranty deed and title
insurance free and clear of all liens and encumbrances, all utility easements as required. All
roadways accessing public areas will be deeded to the City. Roadways servicing the residential
community only will remain privately owned and maintained by the Condominium Association.
Law enforcement, Fire protection and other emergency services, trash and recycle collection will
be provided by the City of Edgewater throughout the Edgewater Harbor Development.
8. PERMITS REQUIRED
The Developer will obtain the required development permits or letters of exemption.
Permits may include but not be limited to the following:
1. Florida Department of Transportation, Department of Environmental Protection,
Department of Health and Rehabilitative Services, 8t. Johns River Water
Management District, Army Corps of Engineers, and Florida Fish and Wildlife
Conservation Commission.
(Agreement/Zoning - Edgewater Harbor-Amendment#2)
13
2. City of Edgewater - Rezoning, Subdivision Plat and/or Site Plan approval,
Subdivision Construction Plan approval, all applicable clearing, removal,
construction and building permits.
3. This site may require a Volusia County Environmental Permit.
4. 100 year flood elevation for the Indian River is 7.0 feet. Minimum finished floor
elevation shall be 8.0 feet.
9. DEVELOPMENT REOUIREMENTS
Failure of this Agreement to address a particular permit, condition, term or restriction
shall not relieve the Developer of the necessity of complying with those permitting requirements,
conditions, terms or restrictions, and any matter or thing required to be done under the existing
ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or
waived unless such modification , amendment, or waiver is expressly provided for in this
Agreement with specific reference to the ordinance provisions so waived, or as expressly
provided or in this Agreement.
Development standards shall be those of the City except as designated in this Agreement
and in the Master Plan.
Developer shall establish a mandatory Condominium Association for the purpose of
maintaining the residential property and enforcing applicable covenants and restrictions. The
mandatory Condominium Association will be responsible for the street lighting and pedestrian
circulation system requirements that result from the project including payment to Florida Power
and Light for installation, maintenance and power consumption, the maintenance of the
(Agreement/Zoning - Edgewater Harbor-Amendment#2)
14
stormwater areas within the residential portion of Edgewater Harbor, common area tracts as
depicted on the plat, pedestrian systems, and private streets within the gated community. The
Condominium Association documents, including applicable articles of incorporation; covenants
and restrictions; and by-laws shall be reviewed and approved by the City prior to Final Plat
and/or Site Plan approval.
Developer shall establish a mandatory Property Owner's Association for the commercial
properties for the purpose of maintaining the public-access property and enforcing applicable
covenants and restrictions. The mandatory Property Association will also be responsible for the
street lighting requirements that result from the project including payment to Florida Power and
Light for installation, maintenance and power consumption, the maintenance of the stormwater
areas within the public-access portions of Edgewater Harbor, common area tracts as depicted on
the plat, pedestrian systems and public-access streets within Edgewater Harbor. The Property
Owner's Association documents, including applicable articles of incorporation; covenants and
restrictions; and by-laws shall be reviewed and approved by the City prior to Final Plat and/or
Site Plan approval.
10. CAPITAL IMPROVEMENTS ASSOCIATED WITH BOSTON WHALER
Subject to annexation by Boston Whaler, the City and Developer agree to assist Boston
Whaler with odor-causing emissions. All parties (Developer, City and Boston Whaler), will
each contribute a one-third (1/3) portion of the improvements associated with these
improvements in accordance with the Cost Sharing Agreement dated June 21, 2004 (the "Cost
Sharing Agreement"). Notwithstanding the foregoing, Developer hereby assumes all of the
(Agreement/Zoning - Edgewater Harbor-Amendment#2)
15
City's obligations under the Cost Sharing Agreement and agrees to indemnify and hold the City
harmless from any and all liabilities and obligations provided thereunder, it being the intention
of Developer for the City to have no remaining obligations under the Cost Sharing Agreement.
11. HEALTH SAFETY AND WELFARE REOUIREMENTS
The Developer shall comply with such conditions, terms, restrictions, or other
requirements determined to be necessary by the City for the public health, safety, or welfare of
its citizens.
12. APPEAL
If the Developer IS aggrieved by any City official interpreting the terms of this
Agreement, the Developer shall file a written appeal to the City Manager. After receiving the
written appeal, the appeal will be reviewed by the City Manager and City Attorney. If the City
Manager cannot resolve the dispute, the issue shall be scheduled for the City Council agenda.
The action of the City Council is the final authority concerning this Agreement, subject,
however, to the parties' rights to invoke the remedies provided below.
13. PERFORMANCE GUARANTEES
During the term of this Agreement regardless of the ownership of the Property, the
Property shall be developed in compliance with the terms of this Agreement and applicable
regulations of the City not inconsistent with, or contrary to, this Agreement.
14. BINDING EFFECT
The provisions of this Agreement, including any and all supplementing amendments, and
all final site plans, shall bind and inure to the benefit of the Developer or its successors in
(Agreement/Zoning - Edgewater Harbor-Amendment#2)
16
interest and assigns and any person, firm, corporation, or entity who may become the successor
in interest to the land subject to this Agreement or any portion thereof and shall run with the land
and shall be administered in a manner consistent with the laws of the State of Florida.
15. RECORDING
Upon execution by all parties, the City shall record this Amendment with the Clerk of the
Court in Volusia County. The cost of recording shall be paid by the Developer.
16. PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12-months,
commencing 12-months after the date of this Agreement to determine if there has been good
faith compliance with the terms of this Agreement. If the City finds on the basis on competent
substantial evidence that there has been a failure to comply with the terms of this Agreement,
subject to Developers' right to cure provided below, the Agreement may be revoked or modified
by the City. Notwithstanding any other provision of this Agreement, if City at any time
concludes Developer is in default of a covenant or obligation of this Agreement, City shall notify
Developer in writing of the claimed default, and Developer shall have the right to cure the
default within thirty (30) days after receipt of City's notice. Developer shall not be deemed in
default hereof, and City shall invoke no remedies, if Developer cures the claimed default within
those thirty (30) days. Further, if the default is of such a nature that it cannot be cured through
the exercise of reasonable diligence within thirty (30) days, then Developer shall not be deemed
in default hereof, and City shall invoke no remedies, if Developer commences in good faith to
(Agreement/Zoning - Edgewater Harbor-Amendment#2)
17
cure the default within thirty (30) days after receipt of City's notice, and thereafter cures the
default within ninety (90) days.
17. APPLICABLE LAW
This Agreement and the provisions contained herein shall be construed, controlled, and
interpreted according to the laws ofthe State of Florida.
18. TIME OF THE ESSENCE
Time is hereby declared of the essence to the lawful performance of the duties and
obligations contained in the Agreement.
19. AGREEMENT/AMENDMENT
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous discussions, understandings, and agreements, with respect to the subject matter hereof.
Amendments to and waivers of the provisions of this Agreement shall be made by the parties
only in writing by formal amendment. Substantial changes, as determined by the City Manager,
shall require City Council approval.
20. FURTHER DOCUMENTATION
The parties agree that at any time following a request therefore by the other party, each
shall execute and deliver to the other party such further documents and instruments, in form and
substance reasonably necessary to confirm and/or effectuate the obligations of either party
hereunder.
(Agreement/Zoning - Edgewater Harbor-Amendment#2)
18
21. SPECIFIC PERFORMANCE
Both the City and the Developer shall have the right to enforce the terms and conditions
of this Agreement by an action for specific performance. Further, Developer shall have the right
to challenge City actions and decisions in accordance with Chapter 163, Florida Statutes and the
Florida Rules of Appellate Procedure.
22. ATTORNEYS' FEES
In the event that either party finds it necessary to commence an action against the other
party to enforce any provision of this Agreement or because of a breach by the other party of any
terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable
attorney's fees, legal assistant's fees and costs incurred in connection therewith, at both trial and
appellate levels, including bankruptcy proceedings, without regard to whether any legal
proceedings are commenced or whether or not such action is prosecuted to judgment.
23. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original but all of which together shall constitute one and the same instrument.
24. CAPTIONS
Captions of the sections of this Agreement are for convenience and reference only, and
the words contained therein shall in no way be held to explain, amplify or aid in the
interpretation, construction, or meaning of the provisions of this Agreement.
(Agreement/Zoning - Edgewater Harbor-Amendment#2)
19
25. SEVERABILITY
If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any
reason held invalid or unconstitutional by any court of the competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and such holding shall not affect
the validity of the remaining portion hereof.
IN WITNESS WHEREOF, the parties have caused this Amendment to the Planned
Unit Development (PUD) Agreement to be made and entered into the date and year first written
above.
ATTEST:
CITY COUNCIL OF THE CITY OF
EDGEW A TER, FLORIDA
Susan J. Wadsworth
City Clerk
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
(Agreement/Zoning - Edgewater Harbor-Amendment#2)
20
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form
and legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
Approved by the City Council of the City of
Edgewater at a meeting held on this _
day of , 2006 under Agenda
Item No.
Witnessed by:
(OWNER)
EDGEW ATER HARBOR, LLC
Hawk McMillan
Title:
Dated:
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before my on this _day of
, 2006, by HAWK McMILLAN who has authority to execute this document
on behalf of EDGEW A TER HARBOR, LLC and who Fr<E is personally known or Fr<Ehas
produced as identification and who did (did not) take an oath.
Notary Public
Stamp/Seal:
(Agreement/Zoning - Edgewater Harbor-Amendment#2)
21
EXHIBIT "A"
LEGAL DESCRIPTION
(Official Record 2766, Page 307, Per Volusia County, Florida.)
That part of the South 924.00 feet as measured on the East Right-of-Way line of U.S. Number 1
Highway of lots One (1), Four (4) and Twenty-Two (22), Assessor's Subdivision of the C.B.
McHardy Grant as recorded in Map Book 3, Page 152 of the Public Records of Vol usia County,
Florida, lying North of Riverfront Estates Subdivision as recorded in Map Book 19, Page 18, of
the Public Records of Vol usia County, Florida, and that part of Sections 13 and 24, Township 18
South, Range 34 East, lying East of U.S. Number 1 Highway and between the described
property. Containing 59.94 acres more or less and being in Volusia County, Florida.
General Notes:
1. Legal description from June 19, 1969 survey by W.E. Swoope Jr., R.L.S. #417
2. Bearing structure shown based on bearing of South property line per above 1969
survey.
3. Warranted deed as shown per Official Record 2766, Page 307 per Volusia
County, Florida.
4. There may be additional information found in the public records of V olusia
County, Florida. No Title information provided.
5. Land containing 59.94 acres more or less.
6. Mean high water line as shown Elev. = 1.14 N.G.V.D. 1929 per sler (0960) an
interpolation from topographic survey Upham File #D-188 for waiver of survey
requirements for public easement 06/21/1999. This line has not been revised in
the current survey.
(Agreement/Zoning - Edgewater Harbor-Amendment#2)
22
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AGENDA REQUEST
Date: Julv 25, 2006
PUBLI C
HEARING August 7,2006
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2006-0-04
James Morris, requesting an amendment to the
Comprehensive Plan Future Land Use Map to
include 5.04::1: acres of land located south of SR 442,
and west of Old Mission Road as Commercial with
Conservation Overlay.
OWNER: Charles and Phyllis Barry
APPLICANT/AGENT: James Morris
REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property
as Commercial with Conservation Overlay.
PROPOSED USE: There are no proposed development plans submitted to the City at this time.
LOCATION: South of SR 442, and west of Old Mission Road.
AREA: 5.04::1: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County Low Impact Urban
ZONING DISTRICT: Volusia County RC (Resource Corridor)
VOTING DISTRICT: 2
SURROUNDING AREA:
Current Use Future Land Use Map Zoning District
Designation
North Distribution Facility and City of Edgewater Mixed - Volusia County - A-3
Vacant Use with Conservation (Transitional Agriculture)
Overlav
East Vacant Volusia County Volusia County - RC
(Environmental Systems (Resource Corridor)
Corridor)
South FDOT Borrow Pit Volusia County (Urban Low Volusia County - RPUD and
Intensitv) A-2 (Rural Agriculture)
West Vacant Volusia County (Low Impact Volusia County - A-3
Urban) (Transitional Agriculture)
Background
This property was annexed into the City on June 6, 1994. City Council previously voted to transmit the
proposed Future Land Use Map amendment for this property to the Florida Department of Community
Affairs on January 28, 2002. The amendment was subsequently submitted to all other appropriate
regulatory agencies for review. Following said submittal, Volusia County objected to the proposed Future
Land Use designation of Commercial. The owner's agent and the County were unable to come to an
agreement on the Future Land Use for the property at that time. Therefore the amendment was never
CPA-0514 - Barry
certified by the Volusia Growth Management Commission (VGMC). The property owner currently has new
representation and has reapplied for the Future Land Use Map amendment.
The Planning and Zoning Board previously voted 4-1 to recommend approval of the Future Land Use Map
amendment to the City Council on February 8, 2006. City Council voted 5-0 for approval at first reading on
February 27, 2006.
Land Use Compatibility
All of the adjacent properties are currently undeveloped with the exception of an active borrow pit to the
south and truck distribution to the north of the parcel.
Adequate Public Facilities
City water is currently available to the site and sewer is available via an eight-inch (8") force main. Both are
located along the north side of S.R. 442. This site is located less than one mile from the Interstate 95/ S.R.
442 interchange. This site has approximately 300-feet of frontage along S.R. 442.
Natural Environment
An environmental study shall be required and approved by the City prior to any development.
Consistency with Comprehensive Plan
Per the Future Land Use Element of the City of Edgewater Comprehensive Plan "The projected increase in
population will result in the need for more commercial development to serve these new residents. In 2000,
there were almost 207 developed commercial acres within the City of Edgewater. Projections of future
commercial land were based on ratios of acres to population. Based on the 2000 population of 18,865, the
ratio was approximately 11 commercial acres per 1,000 population. However, opportunities do exist for
infill development and increases in density. The City is pursuing redevelopment opportunities and
encouraging economic growth. Additional commercial acreage is also anticipated to develop adjacent to the
Interstate 95 interchange, which is a regional opportunity for the City. Therefore, the commercial acres-
per-population ratio was projected at 15 commercial acres per 1,000 population to account for this factor."
Other Matters
The proposed amendment shall be transmitted to DCA and all other required regulatory agencies for
review. The proposed amendment was sent to the Volusia Growth Management Commission (VGMC) for
certification of consistency on March 9,2006. Staff received a request for additional information (RAn on
March 22, 2006, the City responded on March 29, 2006. A second RAI was received on April 17, 2006 and
the City responded on May 1, 2006. The VGMC planning staff reviewed the amendment and on July 25,
2006 staff received a letter from VGMC stating the amendment was deemed certified.
A Zoning Map amendment and site plan approval shall be required prior to any development of the site.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance No. 2006-0-04; amending the Comprehensive Plan Future Land
Use Map to include 5.04:f: acres of land located south of SR 442, and west of Old Mission Road as
Commercial with Conservation Overlay.
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-04.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
6/05106
AGENDA ITEM NO. 6D
Respectfully Submitted By:
~,t~,~
Robin Matusick
Paralegal
~~ \.... ),], 'It ,:~\..." '~
J n Williams . \
Interim City Manager
CP A-0514 - Barry
2
VOLUSIA GROWTH MANAGEMENT COMMISSION
Suite 305
140 S. Beach Street
Daytona Beach, FL 32114
Fax (386) 947-1877
Phone: (386) 947-1875
E-Mail: VGMC@:o.volusia..fLus
July 20, 2006
RECEiVEn
JUt 2 5
Mr. Darren Lear, AICP
Development Services Director
City of Edgewater
P.O. Box 100
Edgewater,FL 32132
RE: VGMC Case 06-023 - Edgewater
Small Scale Amendment - City Ord. No. 2006-0-04
Dear Mr. Lear,
I am writing this letter to inform you the V olusia Growth Management Commission has not
received any objection to the above-referenced application within the required time period after
the date of publication of notice thereof. Since this application qualifies under the criteria of
Ordinance 87-24, Section 6, as amended, of the Volusia Growth Management Comprehensive
Plan Consistency Certification Rwes, your application is hereby deemed certified without a need
for a public hearing.
If you have any questions regarding this matter, please do not hesitate to call me.
Sincerely,
~,tjtt(1lcM~Ci.fYi_~
~ C.n-tt:4}
Gerald Brandon, Chairman
CC: VGMC Members
GrayRobinson, P .A.
MSCW, Inc.
V olusia County & Municipalities
FDCA
ORDINANCE NO. 2006-0-04
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP FROM COUNTY LOW
IMPACT URBAN TO CITY COMMERCIAL WITH
CONSERVATION OVERLAY FOR PROPERTY LOCATED
SOUTH OF STATE ROAD 442 AND WEST OF OLD MISSION
ROAD, EDGEW A TER, FLORIDA; PROVIDING FOR
FINDINGS OF CONSISTENCY; AMENDING THE FUTURE
LAND USE MAP; PROVIDING FOR FILING WITH THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE
VOL USIA GROWTH MANAGEMENT COMMISSION, THE
REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT
OF LOCAL GOVERNMENT OR GOVERNMENTAL
AGENCY THAT HAS REQUESTED A COPY OF THE PLAN
AMENDMENT; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY AND
PROVIDING AN EFFECTIVE DATE.
Whereas, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. James Morris of Storch, Morris and Harris, agent/applicant for Charles and Phyllis
Barry, owners of property located South of State Road 442 and West of Old Mission Road,
Edgewater, Florida. Subject property contains approximately 5.04 acres more or less.
2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the
applicants are requesting a Comprehensive Plan Amendment for the subject property. The requested
Amendment would change the Future Land Use Map designation from County Low Impact Urban
to City Commercial with Conservation Overlay for the property described herein.
3. On February 8, 2006, the Planning and Zoning Board, sitting as the City's Local
Planning Agency considered the change in the Future Land Use Map designation and by a vote of
2006-0-04
Stt tlck till ongh passages are deleted.
Underlined passages are added.
4 to I, recommended that the City Council approve the request.
4. In a letter dated February 15,2006, the Legal Department notified the owners by mail
of the property and all property owners who own real property directly affected by the proposed
action within 300 feet of the subject property regarding the pending Amendment.
5. On February 27, 2006, the City Council considered on first reading the proposed
change in the Future Land Use Map designation.
6. Pursuant to Section 163.3187(l)(c), Florida Statutes, on March 6,2006, the City
Council held a public hearing to consider the change in the Future Land Use Map designation after
publishing notice of such hearing in the Daytona Beach News Journal Observer on Thursday,
February 23,2006.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA:
PART A.
AMENDMENT - CHANGE IN FUTURE LAND USE MAP
DESIGNATION.
That Article I, Section 21-04 of the City of Edgewater's Land Development Code, as
amended and supplemented, said Article adopting the Comprehensive Plan of the City of Edge water,
Florida regulating and restricting the use oflands located within the City of Edgewater, Florida, be,
and the same is hereby, amended by this plan map amendment to: Amend the Official Future Land
Use Map to include property as Commercial with Conservation Overlay for property described in
the legal description contained in Exhibit "A" and further located on the map as reflected in Exhibit
"B" (which are attached hereto and incorporated herein).
PART B.
FINDINGS OF CONSISTENCY.
The City Council specifically determines that the approved change in the Future Land Use
2006-0-04
StI tick till OtIgl. passages are deleted.
Underlined passages are added.
2
Map designation is internally consistent with the policies and objectives contained in the Edgewater
Comprehensive Plan, specifically Policy 1.6.4 of the Future Land Use Element states "Land uses
that may generate high traffic counts shall be encouraged to locate adjacent to arterial roads and
mass transit systems."
PART C.
AMENDMENT OF THE FUTURE LAND USE MAP.
The Development Services Director is hereby authorized and directed to amend the Future
Land Use Map of the Future Land Use Element of the Edgewater Comprehensive Plan to reflect the
change in the Future Land Use designation for the property described herein.
PART D.
FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS.
Pursuant to Section 163.3187(1)(c)2, Florida Statutes (2005), the Development Services
Director is hereby directed to report this action to the state land planning agency as required therein.
PART E.
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 F.
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 G.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
2006-0-04
Stl tick thIOtlgh passages are deleted.
Underlined passages are added.
3
PART H. ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Vincenzi, the vote on
the first reading of this ordinance held on February 27,2006 is as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Debra Jean Rogers X
Councilman Dennis Vincenzi X
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, Council
approved continuance of second reading/public hearing on this Ordinance until the May 1,2006 City
Council meeting.
During the May 1, 2006 Council meeting a Motion was made by Councilwoman Rhodes
with Second by Councilman Vincenzi, Council approved continuance of second reading/public
hearing on this Ordinance until the June 5, 2006 City Council meeting.
During the June 5, 2006 Council meeting a Motion was made by Councilwoman Rhodes
with Second by Councilman Vincenzi, Council approved continuance of second reading/public
hearing on this Ordinance until the July 10, 2006 City Council meeting.
2006-0-04
StI tick tilt ongh passages are deleted.
Underlined passages are added.
4
After Motion by
and Second by
the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Mike Thomas
Councilman Debra Jean Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this 10th day of July, 2006.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Susan J. Wadsworth
City Clerk
Robin L. Matusick
Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
Approved by the City Council of the City of
Edgewater at a meeting held on this 10th day
of July, 2006 under Agenda Item No.
6
2006-0-04
StItKk tll1eltl~l, passages are deleted.
Underlined passages are added.
5
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
Lot 5, except the North 60 feet in road, Model Land Company's Subdivision according to Map in
Map Book 5, Page 187, Public Records of V olusia County, Florida, being the lands described and
recorded in Official Records Book 3501, Page 1605, Public Records of Vol usia County, Florida and
except the following part of said Lot 5 being described as follows:
COMMENCE at the Southeast comer of Section 5, Township 18 South, Range 34 East, V olusia
County, Florida; thence North 21027'30" West along the East line of said Section 5, also being the
West line of Samuel Bett's Grant, Section 38, Township 18 South, Range 34 East, Volusia County,
Florida, 120.025 meters (393.78 feet) to a point on the existing Southerly right of way line of State
Road 442, as show on the Florida Department of Transportation Right of Way Map, Section 79210-
2505; thence North 68022'25"East, along, said existing Southerly right of way line, 343.737 meters
(1127.74 feet) to a transition point; thence South 21037'35" East, 3.048 meters (10.00 feet); thence
North 68022'25" East, along said existing Southerly right of way line, 82.996 meters (272.30 feet)
to the West line of Lot 5, Model Land Company's Subdivision, as recorded in Map Book 5, Page
187, Public Records of Vol usia County, Florida, for the POINT OF BEGINNING; thence continue
North 68022'25" East, along said existing Southerly right of way line, 106.686 meters (350.02 feet)
to the East line of said Lot 5; thence departing said right of way line, South 21025'25" East, along
said East line, 8.230 meters (27.00 feet); thence South 68022'25" West, parallel with said existing
right of way line of State Road 442, a distance of 94.685 meters (310.65 feet) to a point 12.000
meters (39.37 feet) East of, when measured perpendicular to, the West line of said Lot 5; thence
South 21025'51" East parallel with said West line of Lot 5, a distance of215.719 meters (707.74
feet); thence North 69034'38" East, 94.672 meters (310.60 feet) to the East line of Lot 5; thence
South 21025'25" East, along said East line, 138.684 meters (455.00 feet) to the South line of said
Lot 5; thence South 69034'38" West, along said South line, 106.657 meters (349.92 feet) to the
Southwest comer of said Lot 5, thence North 21025'25 " West, along said West line of Lot 5, a
distance of362.381 meters (1188.91 feet) to the Point of Beginning.)
Containing 5.04.i: acres more or less.
2006-0-04
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Underlined passages are added.
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and the cracker style houses for the single family and then
the old Florida style townhouses.
Due to there being no comments, Mayor Thomas opened and
closed the public hearing.
Councilwoman Lichter moved to approve the preliminary plat
for a 15-unit single-family/townhouse residential
subdivision located north of Jones Fish Camp Road and west
or the Indian River, second by Councilwoman Rhodes.
The MOTION CARRIED 4 - 0 .
D. 2nd Reading, Ord. No. 2006-0-04, James Morris,
agent for Charles and Phyllis Barry, requesting
an amendment to the Comprehensive Plan Future
Land Use Map to include 5.04~ acres of land
located south of SR 442 and west of Old Mission
Road as Commercial with Conservation Overlay,
cont. from 5/1/06, Item 6A to be continued to
7/10/06, awaiting comments from Volusia Growth
Management Commission (VGMC)
E. 2nd Reading, Ord. No. 2006-0-08, Anthony and
Melissa Lancellotta requesting an amendment to
the Comprehensive Plan Future Land Use Map to
include .9~ acres of property located at 2923 Oak
Trail as Low Density Transitional with
Conservation Overlay, cont. from 5/1/06, Item 6C
to be continued to 7/10/06, awaiting comments
from VGMC
F. 2nd Reading, Ord. No. 2006-0-09, Anthony and
Melissa Lancellotta requesting an amendment to
the Official Zoning Map to include .9~ acres of
property located at 2923 Oak Trail as RT (Rural
Transitional), cont. from 5/1/06, Item 6D to be
continued to 7/10/06, awaiting comments from VGMC
Mayor Thomas stated it looked like they were going to
supercede Items D, E, & F.
G. 1st Reading, Ord. No. 2006-0-18, Reflections
Community Development, LLC requesting an
amendment to the Official Zoning Map to include
877.50+ acres of land located at the southwest
corner of SR 442 and I-95 as RPUD (Residential
Page 21 of33
Council Regular Meeting
June 5, 2006
l.J
Councilwoman Lichter moved to approve Ord. 2006-0-18,
Reflections Community Development, LLC requesting an
amendment to the Official Zoning Map to include 877.50+
acres of land located at the southwest corner of SR 442 and
I-95 as RPUD (Residential Planned Unit Development) and
approval of associated RPUD Agreement, second by
Councilwoman Rhodes.
The MOTION CARRIED 4 - 0 .
Mayor Thomas stated he was instructed by City Clerk
Wadsworth to go back to Items 6D, 6E and 6F. He read the
titles of these ordinances at this time.
Councilwoman Rhodes moved to continue Items 6D, 6E & 6F
until July 10, 2006, second by Councilman Vincenzi.
The MOTION CARRIED 4 - 0 .
7. BOARD APPOINTMENTS
A. Police Pension Board - affirming Police
Department's election of Dan Blazi to serve
another 2-year term
Councilwoman Rhodes moved to affirm Sergeant Dan Blazi as
one of the police officer representatives on the Police
Pension Board, second by Councilwoman Lichter.
The MOTION CARRIED 4 -0.
8. CONSENT AGENDA
There were no items on the Consent Agenda to be discussed
at this time.
9. OTHER BUSINESS
A. Interlocal Agreement - staff recommending
approval of the Second Amendment to the
Interlocal Agreement establishing the East
Volusia Local Government Fire-Rescue and
Emergency Medical Services Automatic Aid and
Closest Unit Response System to include the Town
of Ponce Inlet and those eligible stations of
Volusia County Fire Services and authorize the
Mayor to execute the amendment
Page 31 of33
Council Regular Meeting
June 5, 2006
.r
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what they want and not asking them what they want.
thinks they need to rethink the direction they are
and get it together and get it right or get out.
He
heading
Terry Holland, 1903 Mango Tree Drive, stated everybody is
criticizing the administration. It seems to him like this
administration took place they have a lot better garbage
pickup, refuse pickup, and police enforcement. He thanked
the Council for doing a hell of a job.
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. 1st Reading, Ord. No. 2006-0-14, the City of
Edgewater requesting amendments to the data and
analysis; and the Goals, Objectives and Policies
within the Future Land Use and Housing Elements
of the Comprehensive Plan
City Attorney Doty-Solik read Ord. 2006-0-14 into the
record.
City Manager Hooper made a staff presentation.
Due to there being no comments, Mayor Thomas opened and
closed the public hearing.
Councilman Vincenzi moved to approve Ord. 2006-0-14, the
City of Edgewater requesting amendments to the data and
analysis; and the Goals, Objectives and Policies within the
Future Land Use and Housing Elements of the Comprehensive
Plan, second by Councilwoman Lichter.
The MOTION CARRIED 5-0.
B. 2nd Reading, Ord. No. 2006-0-04, James Morris,
agent for Charles and Phyllis Barry, requesting
an amendment to the Comprehensive plan Future
Land Use Map to include 5.04~ acres of land
located south of SR 442 and west of Old Mission
Road as Commercial with Conservation Overlay,
cont. from 3/6/06, Item 6B, now cont. to 6/5/06
to address comments from Volusia County Growth
and Resource Management
C. 2nd Reading, Ord. No. 2006-0-08, Anthony and
Melissa Lancellotta requesting an amendment to
the Comprehensive Plan Future Land use Map to
Page 4 of 23
Council Regular Meeting
May 1, 2006
3>
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include .9~ acres of property located at 2923 Oak
Trail as Low Density Transitional with
Conservation Overlay, cont. to 6/5/06; awaiting
comments from Volusia Growth Management
Commission
D. 2nd Reading, Ord. No. 2006-0-09, Anthony and
Melissa Lancellotta requesting an amendment to
the Official Zoning Map to include .9~ acres of
property located at 2923 Oak Trail as RT (Rural
Transitional), cont. to 6/5/06; awaiting comments
from VGMC
City Manager Hooper informed Council they needed a motion
to continue Items B, C, & D due to waiting for small-scale
comp plan amendments. The VGMC needs to take appropriate
action before Council has the second reading.
Councilwoman Rhodes moved to continue Items B, C, & D until
the June 5, 2006 meeting, second by Councilman Vincenzi.
The MOTION CARRIED 5 - 0 .
E. Continuance of 1st Reading, Ord. No. 2006-0-01,
Scott Tobin, applicant for Mid Florida
Investments, LLC, (River Oaks) requesting an
amendment to the Official Zoning Map to include
30.01+ acres of land located east of US1 and
north of Jones Fish Camp Road and approval of the
associated RPUD Agreement, cont. from 3/2/06;
Item 6C
City Attorney Doty-Solik read Ord. 2006-0-01 into the
record.
City Manager Hooper presented a history of the continuance
of this ordinance. He made a staff presentation explaining
changes made to the development agreement that were
proposed by City Manager Hooper in the closed session they
just completed.
City Manager Hooper informed Mayor Thomas he expected they
were going to pickup the hearing where they left off
without a full presentation of rehearing the facts.
Councilman Vincenzi asked if the developer has agreed to
the proposed changes. City Manager Hooper stated he was
Page 5 of 23
Council Regular Meeting
May 1, 2006
3.
Pat Card, 3019 Willow Oak Drive, stated ditto. He has said
that how many times. Get it in here, get it under our
thumb, figure out what they want to do with it, ask the
developer for it and then go get it.
Dot Carlson, 1714 Edgewater Drive, representing ECARD,
feels the reason these properties are trying to get in is
because of urban growth boundaries. They seem to be able
to get more use out of their property once they have come
into the City. The problem is once this comes into the
City and they pay their impact fees but it's going to cost
the citizens in Edgewater right now for some
infrastructure. This is still going to cost the taxpayers
living because growth does not pay for itself. They do it.
Mayor Thomas closed the public hearing and entertained a
motion.
Councilwoman Rhodes moved to approve Ord. 2006-0-05, J.C.
Carder requesting annexation of 28.56+ acres of land
located nortb of Godfrey Road and west of tbe Indian River,
second by Councilwoman Licbter.
Tbe MOTION CARRIED 5 - 0 .
B. 2nd Reading, Ord. No. 2006-0-04, James Morris,
agent for Charles and Phyllis Barry, requesting
an amendment to the Comprehensive Plan Future
Land Use Map to include 5.04~ acres of land
located south of SR 442 and west of Old Mission
Road as Commercial with Conservation Overlay
City Manager Hooper informed the Council this needed to be
continued to a date certain, May 1st.
Councilwoman Rhodes moved to continue Ord. 2006-0-04 until
May 1, 2006, second by Councilwoman Licbter.
Tbe MOTION CARRIED 5 - 0 .
C. Res. No. 2006-R-02, establishing a Stormwater
Basin Fee of $100 per acre for any building
permit, subdivision plat, site plan or
development order for all development within the
Ariel Canal Basin
Paralegal Matusick read Res. 2006-R-02 into the record.
Page 20 of31
Council Regular Meeting
March 6, 2006
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AGENDA REQUEST
Date: February 28. 2006
PUBLIC
HEARING March 6. 2006
ORDINANCE X
RESOLUTION
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2006-0-04
James Morris, requesting an amendment to the
Comprehensive Plan Future Land Use Map to
include 5.04::1: acres ofland located south of SR 442,
and west of Old Mission Road as Commercial with
Conservation Overlay.
OWNER: Charles and Phyllis Barry
APPLICANT/AGENT: James Morris
REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property
as Commercial with Conservation Overlay.
PROPOSED USE: There are no proposed development plans submitted to the City at this time.
LOCATION: South of SR 442, and west of Old Mission Road.
AREA: 5.04::1: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County Low Impact Urban
ZONING DISTRICT: Volusia County RC (Resource Corridor)
VOTING DISTRICT: 2
SURROUNDING AREA:
Current Use Future Land Use Map Zoning District
Designation
North Distribution Facility and City of Edgewater Mixed - Volusia County - A-3
Vacant Use with Conservation (Transitional Agriculture)
Overlay
East Vacant V olusia County V olusia County - RC
(Environmental Systems (Resource Corridor)
Corridor)
South FDOT Borrow Pit Volusia County (Urban Low Volusia County - RPUD and
Intensity) A-2 (Rural Agriculture)
West Vacant Volusia County (Low Impact Volusia County -A-3
Urban) (Transitional Agriculture)
Background
City Council previously voted to transmit the proposed Future Land Use Map amendment for this
property to the Florida Department of Community Affairs on January 28,2002. The amendment was
subsequently submitted to all other appropriate regulatory agencies for review. Following said
submittal, Volusia County objected to the proposed Future Land Use designation of Commercial. The
owner's agent and the County were unable to come to an agreement on the Future Land Use for the
CPA-0514 - Barry
p~operty at that time. Therefore the amendment was never certified by the Volusia Growth
Management Commission (VGMC). The property owner currently has new representation and has
reapplied for the Future Land Use Map amendment.
This property was annexed into the City on June 6, 1994.
The Planning and Zoning Board previously recommended approval of the Future Land Use Map
amendment to the City Council on February 8, 2006.
City Council voted 5-0 for approval at first reading on February 27,2006.
Land Use Compatibility
All of the adjacent properties are currently undeveloped with the exception of an active borrow pit to the
south and truck distribution to the north of the parcel.
Adequate Public Facilities
City water is currently available to the site and sewer is available via an eight-inch (8") force main. Both
are located along the north side of S.R. 442. This site is located less than one mile from the Interstate
95/ S.R. 442 interchange. This site has approximately 300-feet of frontage along S.R. 442.
Natural Environment
An environmental study shall be required and approved by the City prior to any development.
Consistency with Comprehensive Plan
The projected increase in population will result in the need for more commercial development to serve these
new residents. In 2000, there were almost 207 developed commercial acres within the City of Edgewater.
Projections of future commercial land were based on ratios of acres to population. Based on the 2000
population of 18,865, the ratio was approximately 11 commercial acres per 1,000 population. However,
opportunities do exist for infill development and increases in density. The City is pursuing redevelopment
opportunities and encouraging economic growth. Additional commercial acreage is also anticipated to
develop adjacent to the Interstate 95 interchange, which is a regional opportunity for the City. Therefore,
the commercial acres-per-population ratio was projected at 15 commercial acres per 1,000 population to
account for this factor. The amount of additional commercial acres necessary to support future growth
through the year 2010 is estimated to be an additional 188 acres of developable land.
Other Matters
The proposed amendment shall be transmitted to DCA, VGMC and all other required regulatory agencies
for review. A Zoning Map amendment and site plan approval shall be required prior to any development of
the site.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance No. 2006-0-04; amending the Comprehensive Plan Future Land
Use Map to include 5.04::1:: acres of land located south of SR 442, and west of Old Mission Road as
Commercial with Conservation Overlay.
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-04.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
2/27106
AGENDA ITEM NO. 6D
~f"YQ':L.-u~
Robin Matusick
Paralegal
2
\(~&x\~c~....... ~\-1:
Kenneth R. Hooper \ \ I )
City Manager--
ORDINANCE NO. 2006-0-04
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP FROM COUNTY LOW
IMPACT URBAN TO CITY COMMERCIAL WITH
CONSERVATION OVERLAY FOR PROPERTY LOCATED
SOUTH OF STATE ROAD 442 AND WEST OF OLD MISSION
ROAD, EDGEW A TER, FLORIDA; PROVIDING FOR
FINDINGS OF CONSISTENCY; AMENDING THE FUTURE
LAND USE MAP; PROVIDING FOR FILING WITH THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE
VOL USIA GROWTH MANAGEMENT COMMISSION, THE
REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT
OF LOCAL GOVERNMENT OR GOVERNMENT AL
AGENCY THAT HAS REQUESTED A COPY OF THE PLAN
AMENDMENT; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY AND
PROVIDING AN EFFECTIVE DATE.
Whereas, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. J ames Morris of Storch, Morris and Harris, agent/applicant for Charles and Phyllis
Barry, owners of property located South of State Road 442 and West of Old Mission Road,
Edgewater, Florida. Subject property contains approximately 5.04 acres more or less.
2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the
applicants are requesting a Comprehensive Plan Amendment for the subject property. The requested
Amendment would change the Future Land Use Map designation from County Low Impact Urban
to City Commercial with Conservation Overlay for the property described herein.
3. On February 8, 2006, the Planning and Zoning Board, sitting as the City's Local
Planning Agency considered the change in the Future Land Use Map designation and by a vote of
2006-0-04
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4 to I, recommended that the City Council approve the request.
4. In a letter dated February 15,2006, the Legal Department notified the owners by mail
of the property and all property owners who own real property directly affected by the proposed
action within 300 feet of the subject property regarding the pending Amendment.
5. On February 27, 2006, the City Council considered on first reading the proposed
change in the Future Land Use Map designation.
6. Pursuant to Section 163.3187(1)( c), Florida Statutes, on March 6, 2006, the City
Council held a public hearing to consider the change in the Future Land Use Map designation after
publishing notice of such hearing in the Daytona Beach News Journal Observer on Thursday,
February 23, 2006.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA:
PART A.
AMENDMENT - CHANGE IN FUTURE LAND USE MAP
DESIGNATION.
That Article I, Section 21-04 of the City of Edgewater's Land Development Code, as
amended and supplemented, said Article adopting the Comprehensive Plan of the City of Edge water,
Florida regulating and restricting the use oflands located within the City of Edgewater, Florida, be,
and the same is hereby, amended by this plan map amendment to: Amend the Official Future Land
Use Map to include property as Commercial with Conservation Overlay for property described in
the legal description contained in Exhibit "A" and further located on the map as reflected in Exhibit
"B" (which are attached hereto and incorporated herein).
PART B.
FINDINGS OF CONSISTENCY.
The City Council specifically determines that the approved change in the Future Land Use
2006-0-04
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2
Map designation is internally consistent with the policies and objectives contained in the Edgewater
Comprehensive Plan, specifically Policy 1.6.4 of the Future Land Use Element states "Land uses
that may generate high traffic counts shall be encouraged to locate adjacent to arterial roads and
mass transit systems."
PART C.
AMENDMENT OF THE FUTURE LAND USE MAP.
The Development Services Director is hereby authorized and directed to amend the Future
Land Use Map ofthe Future Land Use Element of the Edgewater Comprehensive Plan to reflect the
change in the Future Land Use designation for the property described herein.
PART D.
FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS.
Pursuant to Section 163.3187(1)( c )2, Florida Statutes (2005), the Development Services
Director is hereby directed to report this action to the state land planning agency as required therein.
PART E.
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.
PARTF.
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 G.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
2006-0-04
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3
PART H. ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Vincenzi, the vote on
the first reading of this ordinance held on February 27,2006 is as follows:
AYE
NAY
Mayor Mike Thomas
x
Councilman Debra Jean Rogers
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet B. Rhodes
x
Councilwoman Judy Lichter
x
After Motion by
and Second by
the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Mike Thomas
Councilman Debra Jean Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
2006-0-04
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4
PASSED AND DULY ADOPTED this 6th day of March, 2006.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
2006-0-04
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CITY COUNCIL OF THE
CITY OF EDGEW ATER, 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 6th day of
March, 2006 under Agenda Item No.
6
5
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
Lot 5, except the North 60 feet in road, Model Land Company's Subdivision according to Map in
Map Book 5, Page 187, Public Records of Vol usia County, Florida, being the lands described and
recorded in Official Records Book 3501, Page 1605, Public Records of V olusia County, Florida and
except the following part of said Lot 5 being described as follows:
COMMENCE at the Southeast comer of Section 5, Township 18 South, Range 34 East, Volusia
County, Florida; thence North 21027'30" West along the East line of said Section 5, also being the
West line of Samuel Bett's Grant, Section 38, Township 18 South, Range 34 East, Volusia County,
Florida, 120.025 meters (393.78 feet) to a point on the existing Southerly right of way line of State
Road 442, as show on the Florida Department of Transportation Right of Way Map, Section 79210-
2505; thence North 68022'25"East, along, said existing Southerly right of way line, 343.737 meters
(1127.74 feet) to a transition point; thence South 21037'35" East, 3.048 meters (10.00 feet); thence
North 68022'25" East, along said existing Southerly right of way line, 82.996 meters (272.30 feet)
to the West line of Lot 5, Model Land Company's Subdivision, as recorded in Map Book 5, Page
187, Public Records of Vol usia County, Florida, for the POINT OF BEGINNING; thence continue
North 68022'25" East, along said existing Southerly right of way line, 106.686 meters (350.02 feet)
to the East line of said Lot 5; thence departing said right of way line, South 21025'25" East, along
said East line, 8.230 meters (27.00 feet); thence South 68022'25" West, parallel with said existing
right of way line of State Road 442, a distance of 94.685 meters (310.65 feet) to a point 12.000
meters (39.37 feet) East of, when measured perpendicular to, the West line of said Lot 5; thence
South 21025'51" East parallel with said West line of Lot 5, a distance of 215.719 meters (707.74
feet); thence North 69034'38" East, 94.672 meters (310.60 feet) to the East line of Lot 5; thence
South 21025'25" East, along said East line, 138.684 meters (455.00 feet) to the South line of said
Lot 5; thence South 69034'38" West, along said South line, 106.657 meters (349.92 feet) to the
Southwest comer of said Lot 5, thence North 21025'25" West, along said West line of Lot 5, a
distance of362.381 meters (1188.91 feet) to the Point of Beginning.)
Containing 5.04 i: acres more or less.
2006-0-04
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City Manager Hooper stated current in the county is Urban
Low Intensity land use and Urban Single-Family Residential
county zoning. He then asked Director of Development
Services Darren Lear if he knew how many units that would
entitle them to in the County. Mr. Lear informed him the
max is four units.
Councilwoman Rhodes stated she is in favor of annexation
because it allows them to exercise some control over it.
We make the decisions instead of the County.
Councilwoman Lichter stated when you annex land in and it's
not being used, is there a tax benefit just for having the
land in the City. City Manager Hooper informed her yes.
The City receives the City's portion of what that tax bill
would be.
Mayor Thomas asked Mr. Carder if he had any plans for that
property. Mr. Carder informed him no.
Mayor Thomas opened the public hearing.
The following citizen spoke:
Dot Carlson, 1714 Edgewater Drive, on behalf of ECARD,
stated she didn't think land should be annexed in until
they know what the use is going to be. They could end up
with a situation like Coral Trace where all of a sudden it
is a big mess.
Councilwoman Rhodes stated when they annex it in, when they
ask to do something with it then the Council can decide
whether they want them to do that or not. Ms. Carlson felt
that was fair enough as long as it is used responsibly.
Mayor Thomas closed the public hearing and entertained a
motion.
Councilwoman Lichter moved to approve Ord. 2006-0-05, J.C.
Carder requesting annexation of 28.56+ acres of land
located north of Godfrey Road and west of the Indian River,
second by Councilman Vincenzi.
The MOTION CARRIED 5 - 0 .
D. 1st Reading, Ord. No. 2006-0-04, James Morris,
agent for Charles and Phyllis Barry, requesting
Page 27 of 42
Council Regular Meeting
February 27,2006
an amendment to the Comprehensive Plan Future
Land Use Map to include 5.04~ acres of land
located south of SR 442 and west of Old Mission
Road as Commercial with Conservation Overlay
Paralegal Matusick read Ord. 2006-0-05 into the record.
City Manager Hooper made a staff presentation.
Councilman Vincenzi asked if this is the piece of property
that is fenced and cleared. City Manager Hooper informed
him it is fenced and cleared. DOT when they widened SR 442
they put a drainage retention pond back there.
Councilwoman Rhodes questioned why the County objected to
this being commercial. City Manager Hooper stated the
County objected because this was close to the Hammock. The
County's primary objection was the distance from the
interchange and at what point you went into the Hammock,
the wetlands area verses what point you still have uplands.
This has been cleared. This is an uplands area and has no
conservation or wetlands on that site.
Councilman Vincenzi asked if it has been cleared and filled
or is that naturally the way it is. City Manager Hooper
thought there was some fill involved. It's probably fill
from when DOT did the pond and it has been filled over a
period of time but he didn't know for sure. Mr. Morris
agreed to discuss this when it was his turn.
Councilwoman Rhodes questioned what was next to it. City
Manager Hooper informed her it is vacant on both sides.
There's a borrow pit to the back that has been mined for
shell.
Councilwoman Rhodes stated as a rule she is in favor of
commercial because she thinks if you are adding houses you
should be adding jobs for the people that live in those
houses. She wasn't too sure about this. In fact, she's
sure she doesn't like it. Mayor Thomas told her to wait
for his comment and then she could make her decision.
Councilwoman Rhodes stated she really didn't like the
commercial only because even though there's no plans at
this time if it's commercial then there will be plans so
she might not be in favor of this.
Page 28 of 42
Council Regular Meeting
February 27,2006
Councilwoman Lichter asked City Manager Hooper if something
is designated resource corridor, how does commercial fit
in. City Manager Hooper stated you wouldn't have
commercial in resource corridor. Resource corridor is the
adjacent portion. This particular piece of land is low
impact urban today. The County some time ago by way of
aerials picked areas of the County in which they were close
to the Hammock. It has a future land use of low impact
urban and has a zoning designation of resource corridor.
It would be identified as conservation until you do work to
determine whether it's in the floodplain and whether you
have wetlands that are there or not.
Councilwoman Lichter questioned this piece of property
proving itself not to be adequate for commercial. City
Manager Hooper informed her they are being asked to approve
it as commercial. Their request is a small-scale
comprehensive plan amendment to change it from the County's
land use designation to a City commercial land use
designation.
Councilwoman Lichter questioned if it didn't meet the
requirements, they wouldn't get permits. City Manager
Hooper explained it would go next to a zoning requirement
then construction drawings to show they could handle the
drainage. It would go through the normal Land Development
Code compliance process. He then pointed out where the
dividing line is where the elevations falloff and where it
goes into the Turnbull Hammock swamp area.
City Manager Hooper spoke of the Comprehensive Plan
describing commercial development on this side of 1-95.
Out west of the interchange, it's all high density and
mixed use.
Mayor Thomas stated that is part of the sponge right there.
When they say commercial, if they wanted to build a fish
farm there or a nursery or something like that, that would
be compatible with what you already have. Concrete in that
area wouldn't be compatible.
Councilwoman Rhodes questioned if they have to do this
right now and not twice a year. City Manager Hooper
informed her they could do this at any point. This is not
part of the City's transmittal package. Councilwoman
Rhodes commented on not knowing what is going to be there
and waiting until someone could tell them what is going to
Page 29 of 42
Council Regular Meeting
February 27,2006
be there before they did this. City Manager Hooper
informed her Mr. Morris might tell them that.
Jim Morris, on behalf of the owner Charles Barry, stated
the land was cleared and filled in 1986 and it had all the
appropriate permits available that were required at the
time. He presented Mayor Thomas with pictures and asked
him to pass them around to the Council to show them the
site.
City Manager Hooper asked Attorney Morris if it was in the
City when it was cleared or if it was still in the County.
Attorney Morris informed him it was in the County. He also
pointed out the property was annexed into the City in 1994.
Previously, Mr. Barry was represented by another attorney
and the City decided the property should have a commercial
designation. Any plan amendment, large scale or small
scale, has to go to the Volusia Growth Management
Commission for consideration. This went to VGMC and the
County registered objections but there was never a hearing
to resolve the objections the County had. Any County staff
member can file an objection.
Attorney Morris went on to speak about the Resource
Corridor zoning and the corresponding County land use
designation, which is Environmental Systems Corridor (ESC)
He further commented on this property not meeting any of
the criteria for ESC. There are a number of intensities of
different land uses that are permitted under the Volusia
County Low Impact Urban. He has never seen a situation
where property is annexed in over ten years ago and still
has the County designation under its Comp Plan. He
commented on the annexation process and the County
designation changing to a City designation instead of the
County designation staying in place.
Attorney Morris stated from a standpoint of the City's Comp
Plan and the properties that are in the City's jurisdiction
now and have the City's plan designation they have shown
commercial within this area. It is interesting for him to
hear the wetlands to the east referred to as the Turnbull
Hammock. He grew up in New Smyrna and has always known it
to be the Flow Well Island Swamp but he has accepted they
are the same. This property is no longer a part of the
sponge. It was cut out a long time ago. From Mr. Barry's
perspective the property should have some reasonable use
whether it's a commercial use, which is one choice. The
Page 30 of 42
Council Regular Meeting
February 27, 2006
other alternative choices are probably some sort of
residential use. With the population growth the City has,
there is a need for the City to have more commercial
activity within the City fairly proximate to the
residential development that can service that. The
property as it sits is situated for commercial uses, which
is why they requested that. He mentioned having to come
back to the City to present a development plan as far as
the development of the property is concerned. He commented
on everything that has to occur there to protect the
Resource Corridor, which is adjacent. He then commented on
the marketability of the property. He feels realistically
the only other alternative use for the property is probably
for multi-family use. From a standpoint of where Mr. Barry
sits, he is entitled to reasonable use of the property and
the City is entitled to regulate the property so harm isn't
done to adjacent properties. He feels the commercial uses
contribute more to what the Comprehensive Plan calls for
but also contributes more to the tax base and don't create
a situation creating additional residential traffic.
Instead it will work to service the area. He questioned if
the City would want to stick residential into that piece of
property when there is commercial all the way across on the
other side and they still have the buffers adjacent. They
think it is the appropriate use and the Planning & Zoning
Board thought so too. He feels the property being situated
the way it is is a special circumstance that warrants the
City's consideration. If this were Resource Corridor in
the County, the County Council would change this because
the property doesn't meet any of the characteristics for
the Resource Corridor zoning classification. He questioned
the VGMC on how to move this property forward, due to not
having a hearing, and basically they have to start over
again, which is why they are back here repeating the
process.
Mayor Thomas mentioned the property being partially cleared
and used as a staging area during the widening of SR 442.
He questioned if the property was leveled with the fill
that was left over from the widening. Mr. Barry stated the
State took the back four acres for eminent domain and that
was the portion that wasn't cleared. They dug the shell
there for the base of the highway and put the big retention
pond in. The property up to that point had been cleared
and filled previously.
Page 31 of42
Council Regular Meeting
February 27,2006
Mayor Thomas questioned Mr. Barry not trying to build
anything but market the property to sell it. Mr. Barry
informed him that was correct. Mayor Thomas stated zoning
it commercial would be more beneficial for Mr. Barry. Mr.
Barry informed him it would.
Attorney Morris informed Mayor Thomas the only thing before
them this evening is the Comp Plan designation and that has
consumed a fair amount of time. Any rezoning request would
have to come back to Council so someone would have to
convince the Council whether or not their use as proposed
was proper. They recognized the property has
sensitivities. He would expect the Council to be attuned
to that and to cause it to be addressed. He again spoke of
having reasonable use of the land. He informed Council
they appreciated their consideration.
Mayor Thomas opened the public hearing.
The following citizens spoke:
Rick Rosen, corner of SR 442 and Old Mission Road, agreed
with everything that gentleman just said. Across the
street he is annexed into the property. He spoke of
running his trucking company out of there also. He will be
in front of the City very shortly too across the street,
Old Mission West, Coral Trace to the corner is his property
and he is going to ask for the same thing. He wants to go
commercial. Right now he is annexed for mixed-use and
agricultural. He has the longest stretch from Old Mission
Road to Coral Trace and the joint with Miss Modulin would
be the longest stretch from Coral Trace to Old Mission to
go commercial.
Pat Card, 3019 Willow Oak Drive, commented on why he voted
against this. He spoke of being in the Turnbull Hammock
and it has been disturbed already but that doesn't mean
they have to disturb it some more. He expressed concern
with where they were going to cut an opportunity to get
across SR 442 for the big commercial establishment they are
going to put in. He doesn't feel comfortable with putting
any more commercial on the south side of SR 442.
Attorney Morris commented on the rest of the Planning and
Zoning Board disagreeing with the reason he just laid out
for Council. He felt Mr. Card suggested Council should
deny any reasonable use of the property because ultimately
Page 32 of 42
Council Regular Meeting
February 27,2006
Mr. Barry will loose any value that the property has. If
there was a legitimate reason to deny the use that would be
one thing, but the property is no longer a wetland,
productive area. It is a cleared, filled piece of
property. He then mentioned Mr. Card said they should go
crazy on the north side but withhold the same sort of
authorization on the south side. He doesn't feel this is a
valid reason. He further commented on how the median cuts
are handled and DOT having a standard format for that.
When you take the essence of what Mr. Card said, and
distill it what he is effectively saying is do not give
this property the proper legal use and therefore ultimately
we will achieve a public purpose at the expense of a
private individual. He feels this isn't what Council
should be thinking about from a standpoint of the land use
regulations. If you can identify that would have a
negative impact on adjacent properties, then certainly that
is a legitimate basis to do it. The Planning Board and
Planning staff didn't see it that way. If Council votes
tonight, this gets forwarded to VGMC and then adopted on
second reading after VGMC's proceedings. He respectfully
requested that Council pass this on first reading and have
VGMC have the opportunity to give their input.
Councilwoman Rhodes stated Attorney Morris keeps talking
about Mr. Barry's reasonable use of his property and
absolutely he has reasonable use of his property but the
reasonable use he has of his property is the zoning that
exists on the property. Attorney Morris stated absolutely
not.
Councilwoman Rhodes stated if he comes into the City they
don't have to zone it any differently than it is zoned in
the County. In that respect, he has a reasonable use of
his property under that zoning.
Attorney Morris informed Councilwoman Rhodes she is
mistaken. The Resource Corridor zoning won't stand even in
the County. Councilwoman Rhodes stated if it comes into
the City and they zone it low density urban or agriculture
then he is entitled to reasonable use under that zoning.
Attorney Morris stated he is entitled to a reasonable use
as far as the uses that are there but when you consider the
other circumstances applicable to the property it isn't
reasonable to limit him to that range of use. If they
think that is the case, they need to be prepared to do that
Page 33 of 42
Council Regular Meeting
February 27,2006
to the other properties in the vicinity because they are
all similarly situated.
Councilwoman Rhodes informed Attorney Morris they disagree
with that as well because she thinks the north side of
SR442 is different than the south side. If it comes to
residential or commercial on that property, she would
prefer commercial.
Mayor Thomas asked what the zoning is now. City Manager
Hooper informed him Resource Corridor. Urban low intensity
is the land use. If Attorney Morris approached the County
because it doesn't meet any of those Resource corridor
requirements, the County would make that change. The Urban
low intensity is what they would judge that by. He
informed Councilwoman Rhodes she was right coming into the
City, that's an entitlement. Looking around at what is
adjacent there would be similarly situated properties and
that is the legal argument if you are going to grant those
that are adjacent, contiguous or under certain conditions
uses then they would be entitled to that. They are at a
transition and are at the edge of the Hammock.
Councilwoman Rhodes stated so that does mean because the
north side is commercial does that mean the south side has
to be. City Manager Hooper informed her it does not. Mr.
Rosen has mentioned to Council he is clearly going to knock
on their door and tell them he wants that to be commercial.
If they intend that to go to commercial, Attorney Morris
will make that same argument that that is a similar
situated piece of property.
Mr. Rosen pointed out where he was approved for a median
cut by DOT. From the light to his gate is 1360 feet.
There will be no other median cuts because of legal law.
From the light to his gate is where they will only allow a
left turn. Attorney Morris stated what he thought Mr.
Rosen was saying was the DOT standard for median cuts is
1360.
Councilwoman Lichter asked City Manager Hooper when they
designate something commercial, does it always have a
conservation overlay. City Manager Hooper stated they
designate nearly all of their land uses that have
conservation. It is subject to validation by the district.
Page 34 of 42
Council Regular Meeting
February 27,2006
Councilwoman Rhodes stated if its urban low intensity or
our equivalent of that, that means with five acres. Mr.
Lear informed her it is low impact urban. City Manager
Hooper asked what the density was. Mr. Lear informed him
you could do some commercial or some residential but you
have some very specific criteria that you have to meet if
there are environmental constraints on the property.
Councilwoman Rhodes stated so let's say it's the lowest
density you can get, even if you do ten units. Attorney
Morris informed her urban densities in the County begin at
four units per acre. The County Comp Plan was created
before they had the urban development they have now. They
chose to look at mixtures of uses or possible uses so the
low impact urban does allow commercial and residential. It
looks at it from the standpoint of what would low impact
urban be as opposed to the high impact urban that they have
so it doesn't do that.
Councilwoman Rhodes stated her point was if you go to the
very lowest end of the scale and can put ten units on that
property, in her opinion and that is allowing him
reasonable use of his property, she would rather see a
commercial building there, then ten more houses. Attorney
Morris stated the parenthetical regarding the conservation
overlay that this request has, what it means when you have
a conservation overlay under the City's requirements, is
that they get the benefit of the testing and evaluation of
the property and the applicant has the obligation to show
the City the property doesn't meet conservation purposes by
it's physical characteristics. They don't have a problem
with that. He feels very clearly it doesn't meet that
standard but they are willing to ring it back to Council to
establish to them that in fact it meets their standards for
commercial development as opposed to being in conservation.
If they are mistaken, it does become conservation because
it has the City's conservation overlay.
Councilwoman Rogers stated Resource corridor, in the County
what your saying because of the conditions and the land as
it is now, that the County would most likely change it from
Resource Corridor. City Manager Hooper stated they would
change the zoning. Resource Corridor was taken years ago
off of USGS maps or some flights or something.
Councilwoman Rogers stated she was familiar with the land.
Because of it being the Resource Corridor in the County,
Page 35 of 42
Council Regular Meeting
February 27,2006
that tells her the wetlands and then you are going to have
the conservation overlay on this property. She didn't see
in the packet where the conservation overlay was going to
be. She assumed it would be on the west and east.
Attorney Morris stated it is a testing requirement to
evaluate the property and make sure that it in fact is not
land that ought to be a conservation type use. This
property is a level filled graded site. There isn't
anything on it but the City's plan says with a conservation
overlay that coming back in the applicant has to prove that
in fact the property doesn't meet the conservation
criteria. He then commented on County standards and the
County not having jurisdiction due to the property being
annexed into the City in 1994.
Mayor Thomas closed the public hearing and entertained a
motion.
Councilwoman Lichter moved to approve Ord. 2006-0-04, James
Morris, agent for Charles and Phyllis Barry, requesting an
amendment to the Comprehensive Plan Future Land Use Map to
include 5.04+ acres of land located south of SR 442 and
west of Old Mission Road as Commercial with Conservation
Overlay, second by Councilman Vincenzi.
Mayor Thomas stated this used to be part of the sponge and
is no longer part of the sponge because they put dirt in
it. He agreed with Councilwoman Rhodes he would rather see
it commercial than residential.
Councilwoman Rogers would also rather see it commercial
than residential but at the same time, the soils have
changed and the composition of the land has changed.
Councilwoman Lichter feels Mr. Barry has the right, as long
as it doesn't environmentally impact our community, to make
the best sale he can make with this property.
The MOTION CARRIED 5 - 0 .
E. 2nd Reading, Ord. No. 2005-0-56, Paul and Tomoko
Newsom and Robert Jalbert, Jr. requesting an
amendment to the Official Zoning Map to include
12~ acres of property located at 2203 and 2295
Cow Creek Road as AG (Agriculture) and RT (Rural
Transi tional)
Page 36 of 42
Council Regular Meeting
February 27, 2006
AGENDA REQUEST
Date: Februarv 15. 2006
PUBLIC
HEARING Februarv 27. 2006
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
1st Reading - Ordinance No. 2006-0-04
J ames Morris, requesting an amendment to the
Comprehensive Plan Future Land Use Map to
include 5.04:1: acres of land located south of SR
442, and west of Old Mission Road as
Commercial with Conservation Overlay.
OWNER: Charles and Phyllis Barry
APPLICANT/AGENT: James Morris
REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include
property as Commercial with Conservation Overlay.
PROPOSED USE: There are no proposed development plans submitted to the City at this time.
LOCATION: South of SR 442, and west of Old Mission Road.
AREA: 5.04:1: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County Low Impact Urban
ZONING DISTRICT: Volusia County RC (Resource Corridor)
VOTING DISTRICT: 2
SURROUNDING AREA:
Current Use Future Land Use Map Zoning District
Designation
North Distribution Facility and City of Edgewater Mixed - Volusia County - A-3
Vacant Use with Conservation (Transitional Agriculture)
Overlav
East Vacant Volusia County Volusia County - RC
(Environmental Systems (Resource Corridor)
Corridor)
South FDOT Borrow Pit Volusia County (Urban Low Volusia County - RPUD)
Intensity) and A-2 (Rural Agriculture)
West Vacant Volusia County (Low Impact Volusia County -A-3
Urban) (Transitional Agriculture)
Background
City Council previously voted to transmit the proposed Future Land Use Map amendment for this
property to the Florida Department of Community Mfairs on January 28,2002. The amendment
was subsequently submitted to all other appropriate regulatory agencies for review. Following said
submittal, Volusia County objected to the proposed Future Land Use designation of Commercial.
The owner's agent and the County were unable to come to an agreement on the Future Land Use for
CPA-0514 - Barry
the property at that time. Therefore the amendment was never certified by the Volusia Growth
Management Commission (VGMC). The property owner currently has new representation and has
reapplied for the Future Land Use Map amendment.
This property was annexed into the City on June 6, 1994.
The Planning and Zoning Board previously recommended approval of the Future Land Use Map
amendment to the City Council on February 8, 2006.
Land Use Compatibility
All of the adjacent properties are currently undeveloped with the exception of an active borrow pit to
the south and truck distribution to the north of the parceL
Adequate Public Facilities
City water is currently available to the site and sewer is available via an eight-inch (8") force main.
Both are located along the north side of S.R. 442. This site is located less than one mile from the
Interstate 95/ S.R. 442 interchange. This site has approximately 300-feet of frontage along S.R. 442.
Natural Environment
An environmental study shall be required and approved by the City prior to any development.
Consistency with Comprehensive Plan
The projected increase in population will result in the need for more commercial development to serve
these new residents. In 2000, there were almost 207 developed commercial acres within the City of
Edgewater. Projections offuture commercial land were based on ratios of acres to population. Based on
the 2000 population of 18,865, the ratio was approximately 11 commercial acres per 1,000 population.
However, opportunities do exist for infill development and increases in density. The City is pursuing
redevelopment opportunities and encouraging economic growth. Additional commercial acreage is also
anticipated to develop adjacent to the Interstate 95 interchange, which is a regional opportunity for the
City. Therefore, the commercial acres-per-population ratio was projected at 15 commercial acres per
1,000 population to account for this factor. The amount of additional commercial acres necessary to
support future growth through the year 2010 is estimated to be an additional 188 acres of developable
land.
Other Matters
The proposed amendment shall be transmitted to DCA, VGMC and all other required regulatory
agencies for review. A Zoning Map amendment and site plan approval shall be required prior to any
development of the site.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance No. 2006-0-04; amending the Comprehensive Plan Future
Land Use Map to include 5.04:1: acres of land located south of SR 442, and west of Old Mission Road as
Commercial with Conservation Overlay.
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-04.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
rxr~;:rJ.-I;~~;<"
Robin Matusick
Paralegal
~&\(~~ \.,. ~'
Kenneth R. Hooper \
City Manager
Darren Lear
Development Services Director
CP A-0514 - Barry
2
ORDINANCE NO. 2006-0-04
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP FROM COUNTY LOW
IMPACT URBAN TO CITY COMMERCIAL WITH
CONSERVATION OVERLAY FOR PROPERTY LOCATED
SOUTH OF STATE ROAD 442 AND WEST OF OLD MISSION
ROAD, EDGEW A TER, FLORIDA; PROVIDING FOR
FINDINGS OF CONSISTENCY; AMENDING THE FUTURE
LAND USE MAP; PROVIDING FOR FILING WITH THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE
VOL USIA GROWTH MANAGEMENT COMMISSION, THE
REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT
OF LOCAL GOVERNMENT OR GOVERNMENTAL
AGENCY THAT HAS REQUESTED A COPY OF THE PLAN
AMENDMENT; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY AND
PROVIDING AN EFFECTIVE DATE.
Whereas, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. James Morris of Storch, Morris and Harris, agent/applicant for Charles and Phyllis
Barry, owners of property located South of State Road 442 and West of Old Mission Road,
Edgewater, Florida. Subject property contains approximately 5.04 acres more or less.
2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the
applicants are requesting a Comprehensive Plan Amendment for the subject property. The requested
Amendment would change the Future Land Use Map designation from County Low Impact Urban
to City Commercial with Conservation Overlay for the property described herein.
3. On February 8, 2006, the Planning and Zoning Board, sitting as the City's Local
Planning Agency considered the change in the Future Land Use Map designation and by a vote of
2006-0-04
Stltlck thlotl~h passages are deleted.
Underlined passages are added.
1
4 to 1, recommended that the City Council approve the request.
4. In a letter dated February 15,2006, the Legal Department notified the owners by mail
of the property and all property owners who own real property directly affected by the proposed
action within 300 feet of the subject property regarding the pending Amendment.
5. On February 27, 2006, the City Council considered on first reading the proposed
change in the Future Land Use Map designation.
6. Pursuant to Section 163.3187(1)(c), Florida Statutes, on March 6,2006, the City
Council held a public hearing to consider the change in the Future Land Use Map designation after
publishing notice of such hearing in the Daytona Beach News Journal Observer on Thursday,
February 23, 2006.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA:
PART A.
AMENDMENT - CHANGE IN FUTURE LAND USE MAP
DESIGNATION.
That Article I, Section 21-04 of the City of Edgewater's Land Development Code, as
amended and supplemented, said Article adopting the Comprehensive Plan ofthe City of Edge water,
Florida regulating and restricting the use oflands located within the City of Edgewater, Florida, be,
and the same is hereby, amended by this plan map amendment to: Amend the Official Future Land
Use Map to include property as Commercial with Conservation Overlay for property described in
the legal description contained in Exhibit "A" and further located on the map as reflected in Exhibit
"B" (which are attached hereto and incorporated herein).
PART B.
FINDINGS OF CONSISTENCY.
The City Council specifically determines that the approved change in the Future Land Use
2006-0-04
Stl tick tIn otlgh passages are deleted.
Underlined passages are added.
2
Map designation is internally consistent with the policies and objectives contained in the Edgewater
Comprehensive Plan, specifically Policy 1.6.4 of the Future Land Use Element states "Land uses
that may generate high traffic counts shall be encouraged to locate adjacent to arterial roads and
mass transit systems."
PART C.
AMENDMENT OF THE FUTURE LAND USE MAP.
The Development Services Director is hereby authorized and directed to amend the Future
Land Use Map of the Future Land Use Element ofthe Edgewater Comprehensive Plan to reflect the
change in the Future Land Use designation for the property described herein.
PART D.
FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS.
Pursuant to Section 163.3187(1)( c )2, Florida Statutes (2005), the Development Services
Director is hereby directed to report this action to the state land planning agency as required therein.
PART E.
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 F.
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 G.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
2006-0-04
Stltlck t1l1otlgh passages are deleted.
Underlined passages are added.
3
PART H. ADOPTION.
After Motion by
and Second by
, the
vote on the first reading of this ordinance held on February 27,2006 is as follows:
Mayor Mike Thomas
Councilman Debra Jean Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
After Motion by
AYE
and Second by
NAY
the vote on the second reading of this ordinance was as follows:
Mayor Mike Thomas
Councilman Debra Jean Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
2006-0-04
Stlt1ck tlnotlg,h passages are deleted.
Underlined passages are added.
AYE
4
NAY
PASSED AND DULY ADOPTED this 6th day of March, 2006.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
2006-0-04
Stltlck thIOtlg,h 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 6th day of
March, 2006 under Agenda Item No.
6
5
EXHIBIT" A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
Lot 5, except the North 60 feet in road, Model Land Company's Subdivision according to Map in
Map Book 5, Page 187, Public Records of Vol usia County, Florida, being the lands described and
recorded in Official Records Book 3501, Page 1605, Public Records of Vol usia County, Florida and
except the following part of said Lot 5 being described as follows:
COMMENCE at the Southeast comer of Section 5, Township 18 South, Range 34 East, V olusia
County, Florida; thence North 21027'30" West along the East line of said Section 5, also being the
West line of Samuel Bett's Grant, Section 38, Township 18 South, Range 34 East, Volusia County,
Florida, 120.025 meters (393.78 feet) to a point on the existing Southerly right of way line of State
Road 442, as show on the Florida Department of Transportation Right of Way Map, Section 79210-
2505; thence North 68022'25"East, along, said existing Southerly right of way line, 343.737 meters
(1127.74 feet) to a transition point; thence South 21037'35" East, 3.048 meters (10.00 feet); thence
North 68022'25" East, along said existing Southerly right of way line, 82.996 meters (272.30 feet)
to the West line of Lot 5, Model Land Company's Subdivision, as recorded in Map Book 5, Page
187, Public Records of V olusia County, Florida, for the POINT OF BEGINNING; thence continue
North 68022'25" East, along said existing Southerly right of way line, 106.686 meters (350.02 feet)
to the East line of said Lot 5; thence departing said right of way line, South 21025'25" East, along
said East line, 8.230 meters (27.00 feet); thence South 68022'25" West, parallel with said existing
right of way line of State Road 442, a distance of 94.685 meters (310.65 feet) to a point 12.000
meters (39.37 feet) East of, when measured perpendicular to, the West line of said Lot 5; thence
South 21025'51" East parallel with said West line of Lot 5, a distance of 215.719 meters (707.74
feet); thence North 69034'38" East, 94.672 meters (310.60 feet) to the East line of Lot 5; thence
South 21025'25" East, along said East line, 138.684 meters (455.00 feet) to the South line of said
Lot 5; thence South 69034'38" West, along said South line, 106.657 meters (349.92 feet) to the
Southwest comer of said Lot 5, thence North 21025'25" West, along said West line of Lot 5, a
distance of362.381 meters (1188.91 feet) to the Point of Beginning.)
Containing 5.04 .::!:: acres more or less.
2006-0-04
Stl tick tilt otlgh passages are deleted.
Underlined passages are added.
6
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Page 1 of 1
Liz McBride
From: Amy [amy@storchmorrisharris.com]
Sent: Wednesday, March 08, 2006 10:14
To: Imcbride@cityofedgewater.org
Subject: FW: Charles Barry
-----Original Message-----
From: Amy [mailto:amy@storchmorrisharris.com] On Behalf Of jamesmorris@storchmorrisharris.com
Sent: Wednesday, March 08, 20069:33 AM
To: 'dlear@cityofedgewater.org'
Cc: 'Imcbridge@cityofedgewater.org'; 'jim@glencoelandco.com'; 'c386b@aol.com'
Subject: Charles Barry
Darren,
Would you please let me know when the VGMC will likely take up the Charles Barry property. I want
to participate in the hearing, etc. I would also appreciate copies of all correspondence. Thank you.
Jim Morris
Sent by Amy L. Chmiel
Secretary to James S. Morris P A
STORCH, MORRIS & HARRIS, LLC
420 S. Nova Rd.
Daytona Beach, FL 32114
(386) 238-8383 Ext. 12
(386) 239-0988 facsimile
jamesmorris@storchmorrisharris.com
3/8/2006
AGENDA REQUEST
Date: Julv 28. 2006
PUBLIC
HEARING
RESOLUTION
ORDINANCE August 7.2006
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd reading - Ordinance No. 2006-0-26 Amend Chapter 11 (Occupational Licenses, Taxes, and Regulations) of Article
I (General) by amending Section 11"7 (Administrative Fees, Application Fees,
and Inspection Fees) and 11-8 (License Tax Schedule) of the Code of
Ordinances.
BACKGROUND:
In 1994, the City established an Equity Study Commission in an effort to comply with the criteria contained in Section
205.0535, Florida Statues. In January 2000, staff determined that City occupational license taxes had not been modified
since 1994. A survey of surrounding municipalities indicated that a five-percent (5%) fee increase would still be lower than
the majority offees charged by the above-referenced municipalities. Therefore, Council approved Ordinance # 2000"0-10
on April 17, 2000, which revised the rate structure.
City Council previously approved the following Ordinances which revised Section 11-7: Ordinance 2002-0-12 and
Ordinance 2004-0-23. This Section reflects administrative fees, application fees and inspection fees relating to
occupational licenses as well as the five "percent (5%) increase allowed by Florida Statutes.
Pursuant to State Statutes, municipalities have the option to increase, by ordinance, the rates oflocal occupational license
taxes by up to five "percent (5%) every other year. In order for these changes to take affect, Council must approve them by a
majority plus one (1) vote.
Furthermore, staff is recommending the associated application and inspection fees be increased by five "percent (5%). Staff
estimates that the increase in fees will generate approximately $13,000 in additional revenue for the City to be dedicated
to Economic Development Programs.
City Council voted 3-1 at 1st Reading of this Ordinance on July 24, 2006 in favor of approval.
STAFF RECOMMENDATION:
Staff recommends approval of Ordinance No. 2006-0-26.
ACTION REQUESTED:
Motion to approve Ordinance No. 2006-0"26.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE: 7/24/06
AGENDA ITEM NUMBER:
6H
"""'TUUllY Suhm
~'i I
C?-cu~l'0cVj '6~~
Robin Matusick
Paralegal
.'~Q.~~~ '\., i.f~
n C. Williams '\
Interim City Manager
ORDINANCE NO. 2006-0-26
AN ORDINANCE AMENDING ARTICLE I (GENERAL) OF
CHAPTER 11 (OCCUPATIONAL LICENSES, TAXES, AND
REGULATIONS) BY AMENDING SECTION 11-7
(ADMINISTRA TIVE FEES; APPLICATION FEES,
INSPECTION FEES) AND SECTION 11-8 (LICENSE TAX
SCHEDULE); OF THE CODE OF ORDINANCES, CITY OF
EDGEW A TER, FLORIDA; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE
AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Pursuant to Section 205.0535, municipalities may increase the rates of occupational
license taxes by up to five percent (5%) every other year by no less than a majority plus one vote of
the City Council.
2. Occupational License Fees/Taxes were last increased in 2004.
3. The revised rate structure is more equitable than the existing rate structure.
NOW THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida:
PART A. MODIFYING ARTICLE I (GENERAL), CHAPTER 11
(OCCUPATIONAL LICENSES, TAXES AND REGULATIONS) BY
AMENDING SECTION 11-7 (ADMINISTRATIVE FEES; APPLICATION
FEES, INSPECTION FEES) OF THE CODE OF ORDINANCES, CITY OF
EDGEW A TER, FLORIDA
Section 11-7 is amended to read as follows:
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2006-0-26
I
Sec. 11-7.
Administrative Fees; application fees, inspection fees.
Due to additional services provided by the City departments relating to the issuance of
occupational licenses, the City shall administer the following administrative fees in an amount
stipulated below:
(a) License application fee. An applicant for an occupational license shall submit
a completed application and a $21.00 $25.00 non-refundable fee. Upon acceptance of a completed
application, the application shall be forwarded to the Planning Department for processing and
approval upon satisfaction of all requirements, including, but not limited to; the Department of Fire
Rescue Services and Environmental Services for inspection and compliance with the fire and safety
codes and utility requirements. No occupational license shall be issued until said applicant has
furnished the city with their state sales tax number, as required by law. All applications for
occupational licenses shall be submitted on the appropriate form as approved by the City.
(b) Reprint fee. Any business/person who holds an occupational license and who
requests an additional copy of the occupational license shall be charged a fi vG-dollal ($5.00) $7.00
reprint fee.
(c) Reinstatementfee. Any business/person who holds an occupational license that
results in an expiration, revocation or suspension shall be charged a $31.50 $35.00 administrative
fee for the reinstatement of the occupational license in addition to all required annual fees and other
delinquency charges.
(d) Inspection fees. Any business applying for an occupational license or any
applicant applying for a transfer of the license from one location to another, shall have an inspection
pursuant to the requirements of the City. This inspection shall take place prior to the issuance ofthe
occupational license, to ensure compliance with the codes. This fee shall be paid prior to issuance
of an occupational license. The following fees shall be imposed for inspection services related to
commercial and home occupational licenses:
(1) Fire inspectionfees - business/commercial. Inspections required by federal,
state or other agencies. These inspections occur annually and include, but are not limited to any
commercial business location, relating to an occupational license:
Occupancy Type Annual Fee Amount
Business/Commercial
0- 3,000 sq. ft $21. 00 $25.00
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2006-0-26
2
3,001 - 30,000 sq. ft. $J6.75 $40.00
30,001 + sq. ft. $52.50 $55.00
Mercantile
0- 3,000 sq. ft. $21.00 25.00
3,001 - 30,000 sq. ft. $J6.75 40.00
30,001 + sq. ft. $52.50 $55.00
Assembly
0- 300 persons $21.00 $25.00
301 - 1,000 persons $J6.75 $40.00
1,001 + persons $52.50 $55.00
Industrial
0- 3,000 sq. ft. $21.00 $25.00
3,001 - 20,000 sq. ft. $J 1.50 $35.00
20,001 - 60,000 sq. ft. $42.00 $45.00
60,001 + sq. ft. $52.50 $55.00
Storage
Storage buildings (300 - 10,000 sq. ft.) $26.26 $30.00
Storage buildings (10,001 and up sq. ft. ) $52.50 $55.00
Rental units under 300 sq. ft. Exempt
(2) Fire inspectionfees - home occupational licenses. Inspections required by
federal, state or other agencies relating to home occupational licensing shall be an annual inspection
upon submittal of the occupational license application and prior to issuance ofthe license, as listed
below:
Annual inspection.. .....................................................
$ 21.00
$25.00
(3) Environmental services inspection fees - backflow devices. Backflow device
inspections will conducted by the Department of Environmental Services and shall occur on an
annual basis. These inspections shall include, but are not limited to any commercial business
location, relating to an occupational license and shall be in an amount listed below:
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2006-0-26
3
Initial inspection.... .................................................. $ 10 .50
$15.00
(4) Reinspectionfees. Any inspection trip made necessary by the responsible
party or representative's failure to appear, shall in addition to any other fees, be charged an additional
processing fee in the amount of$15.75 $20.00.
PART B. MODIFYING ARTICLE I (GENERAL), CHAPTER 11
(OCCUPATIONAL LICENSES, T AXES AND REGULATIONS) BY
AMENDING SECTION 11-8 (LICENSE TAX SCHEDULE) OF THE CODE
OF ORDINANCES, CITY OF EDGEW A TER, FLORIDA
Section 11-8 is amended to read as follows:
Section 11-8. License tax schedule.
The amount of the occupational license tax hereby levied for the privilege of engaging in or
managing any business, profession or occupation within the city, pursuant to section 11-1 is set forth
in the following schedule. Whenever any business, profession or occupation shall fall into more than
one of the classifications contained in this schedule, the person engaging therein shall be required
to pay the tax required for each classification.
The following annual, except as otherwise stated, designated license taxes shall be paid to
the city by persons, engaging in or managing or transacting the following businesses, occupations
or profession within the city:
1)
2)
Abstract or Title Company
Accommodations for rent, apartments, motels, motor
courts, cottages, hotels, boardinghouses
a) 1 to 2 rental units n/c
b) 3 to 10 rental units Z8:94
c) 11 to 20 rental units 5-9-:-89
d) 21 to 30 rental units 8U:-82:
e) 31 to 40 rental units 115.7G
f) Each additional unit Z3-:+5
License must be taken out for all rental units whether used or unused.
(Does not permit dining room without restaurant license).
Addressing, mailing or duplicating
Advertising agency or trade inducement company
Agents or agencies:
a) Collection Agency
b) Credit reporting
c) Booking agents
$ 8U:-82:
3)
4)
5)
4B:-5Z
69:46
8U:-82:
5-9-:-89
5-9-:-89
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2006-0-26
4
91.16
30.39
60.78
91.16
121.55
24.31
42.55
72.93
91.16
60.78
60.78
d) Employment 5-1-:1W 60.78
e) Private detective, detective agency
(must register with police department) 8-6:-8Z 91.16
f) Travel agents 8-6:-8Z 91.16
g) Security agency 8-6:-8Z 91.16
h) Mortgage Broker 8-6:-8Z 91.16
1. Each additional Z8:94 30.39
2. Stocks and bonds 8-6:-8Z 91.16
i) Other 46:-3+ 48.63
6) Alcoholic beverages, spirits, beer and wine (under
state supervision), state license required n/c
7) Ambulance service (not connected with hospital
or funeral home) &l-:B4 85.09
8) Animals
a) Kennel, state license required 8-HM 85.09
b) Boarding, state license required &l-:B4 85.09
c) Grooming 4e:-5Z 42.55
d) Pet sitting Z8:94 30.39
9) Archery range 4e:-5Z 42.55
10) Armored car service:
a) 1 - 3 vehicles 5-1-:1W 60.78
b) Each additional vehicle t9-:-3-7 18.25
11 ) Arms dealer, handling those known as concealed
weapons, alone or in conjunction with any other
business (as defined in Chapter 790, Florida Statutes) 5-1-:1W 60.78
12) Auctioneer 4e:-5Z 42.55
13) Auction shops 8-6:-8Z
14) Automotive:
a) Sales
1. New Cars 144.70 151. 94
2. U sed Cars
a. 1 - 1 0 cars Zfr.94 30.39
b. 11-50cars 4e:-5Z 42.55
c. 51 - 100 cars 5-1-:1W 60.78
d. 101 and over 98-:46 103.32
b) Minor repair service (State registration required) &l-:B4 85.09
c) Motor vehicle repair shop &l-:B4 85.09
d) Motor vehicle repair 4e:-5Z 42.55
e) Pumps (gas, kerosene, diesel):
1. 1-4 pumps Z8:94 30.39
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2006-0-26 5
2. Each additional pump 5-:T9 6.08
f) Auto machine shop 46:-3t 48.63
15) Auto salvage 115.7G 121.55
16) Aviation service 46:-3t 48.63
17) Ball, concerts, parades, carnivals, circus, exhibitions
(fees set by Council) (special activities)
18) Barbershop and cosmetology(retail sales must
have separate licenses), state license required
a) One owner operator 46:-3t 48.63
b) Each additional operator Z&:94 30.39
c) Shoe shine stand n/c
d) Manicurist & nail sculpture, pedicurist Z&:94 30.39
e) Tanning salons Z&:94 30.39
f) Other Z&:94 30.39
19) Bicycles for rent (not in connection with other
business) Z&:94 30.39
20) Billiards, pool, electronic games, etc.:
a) 1 to 10 machines Z&:94 30.39
b) 11 to 25 machines 46:-3t 48.63
c) Each additional machine ~ 12.16
21) Boats, ferry and sightseeing, used wholly or in part as
ferry sightseeing boats, each boat with passenger
capacity as follows:
a) Not to exceed 10 persons 4ft:-5Z 42.55
b) More than 10 not to exceed 50 persons 59:H9 60.78
c) More than 50 persons ~ 91.16
(Does not permit dining room without restaurant license)
22) Boats for hire:
a) Canoes, rowboats, motor boards, inboard or outboard:
1. 1 to 10 boats Z&:94 30.39
2. 11 to 25 boats 59:H9 60.78
3. Each additional boat ~ 12.16
b) Fishing, cruising and/or charter:
1. One boat 4ft:-5Z 42.55
2. Each additional boat Z&:94 30.39
23) Bottling works, bottling or distilling water
or soft drinks 59:H9 60.78
24) Bowling lanes, skee ball, etc.:
a) 1 to 16 lanes 59:H9 60.78
b) Each additional lane 5-:T9 6.08
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2006-0-26 6
(Restaurant needs additional license )
25) Broadcasting stations:
a) Cable 144.70 151. 94
b) Radio 144.70 151.94
c) Television 144.70 151. 94
26) Cabinet Shop (manufacturer and installation)
(not to exceed 3 employees);(Over 3 employees,
see Manufacturer);(Installer must have insurance) 59:S9 60.78
27) Car wash:
a) 1 to 4 bays :3-4:-B 36.47
b) 5 to 7 bays 69-:46 72.93
c) Each additional bay t-t-:-5fr 12.16
d) Car detailing and window tinting
(cleaning and polishing) 4e-:-5Z 42.55
28) Carpet and rug cleaning 4e-:-5Z 42.55
29) Cemetery lots (operated for profit) 86:-8Z 91.16
30) Citrus fruit shippers, place where orders for fruit
are taken and filled or shipped (excluding
packing houses) Z8:94 30.39
31) Cleaning, pressing and dyeing (boiler inspection
certificate must be presented)
a) Cleaning and pressing pick up station 4e-:-5Z 42.55
b) Self-service:
1. 1 to 10 machines Z8:94 30.39
2. 11 to 25 machines 4e-:-5Z 42.55
3. 26 to 50 machines 59:S9 60.78
4. Each additional machine 5:T9 6.08
32) Coin-operated machine or devices:
a) Distributors 59:S9 60.78
b) Each machine, see billiards, item (20)
for amounts
33) Communication sites:
a) Commercial 144.70 151. 94
b) Cellular 144.70 151. 94
c) Other 144.70 151.94
34) Computer software service (designing programs) 59:S9 60.78
35) Concrete mixing plants:
a) 1 to 5 trucks 17J.G5 182.33
b) Each additional truck Z8:94 30.39
36) Contractors (general or subcontractors; bonds required):
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2006-0-26 7
a)
b)
c)
d)
e)
General, state license required
Residential, state license required
Builder, state license required
Electrical, state license required:
1. Master
2. Journeyman
Plumbing, state license required:
1. Master
2. Journeyman
Mechanical, state license required:
1. Master
2. Journeyman
Pool, state license required
Subcontractors
1. Alarm systems
2. Aluminum installers
3. Asphalt maintenance
4. Awning (all types and/or storm shutters)
5. Cabinetry
6. Carpentry
7. Concrete, stone, brick
8. Dredging
9. Electrical
10. Elevators/escalators installation and maintenance
11. Fence installation
12. Fire sprinkler system
13. Floor sanding and finishing
14. Foundation or general excavating
15. Garage doors
16. Gas pipe installation
17. Glass and glazing
18. Heating, air conditioning or ventilation
19. Home maintenance and repair
20. House moving and demolition
21. Installation of prefabricated items, such as antenna, signs, etc.
22. Insulation
23. Irrigation
24. Land clearing
25. Landscape
26. Lawn (sprinkler installers)
tH-:B4
tH-:B4
tH-:B4
57:H9
Z8-:94
57:H9
Z8-:94
f)
g)
h)
57:H9
Z8-:94
57:H9
4B:-5Z
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2006-0-26
8
85.09
85.09
85.09
60.78
30.39
60.78
30.39
60.78
30.39
60.78
42.55
27. Masonry
28. Mobile home set-up
29. Painters and paperhangers
30. Parking lot striping
31. Paving and grading
32. Pier/docks/seawalls
33. Plasterers, drywall, hardcoat, stucco, lather
34. Plumbers
35. Pressure cleaning
36. Roofing and/or sheet metal and tinsmith
37. Sandblasting
38. Satellite
39. Steel, prefab
40. Structural steel
41. Swimming pool
a. Installation
b. Service
42. TV cable wiring
43. Tile, terrazzo, marble and granite
44. Tree surgery
45. Trucking and bulldozing
46. Well drillers
47. Windows and steel sash
48. Other
37) Delivery services:
1. One vehicle Z&:94 30.39
2. Each additional vehicle ~ 12.16
38) Distributors and home party sales
(Avon, Tupperware, Fullerbrush, Amway, etc.) 2-8:94 30.39
39) Entertainment (Bands, orchestras, etc.) 2-8:94 30.39
40) Exterminators, spray service, state license required:
a) One vehicle ~ 91.16
b) Each additional truck ~ 12.16
41) Financial:
a) Banks and trust companies 150.50 158.03
b) Building and loan associations 150.50 158.03
c) Finance and discount companies, liquidating
accounts, whether purchased or not 150.50 158.03
d) Money lenders, except banks or bankers
whose business consists of or including
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2006-0-26
9
taking, buying or selling assignments of
wages or commissions earned or to be
earned, etc. 150.50 158.03
e) Personal finance companies 150.50 158.03
42) Fortune tellers, mind readers, gypsies and other
nomadic people (see Sections 11-21 through 11-25) S6:-8Z 91.16 each
43) Funeral chapel S6:-8Z 91.16
44) Funeral homes, including embalmer or
undertaker and ambulance, state license required 115.76 121.55
45) Furniture packers, moving and/or storage:
a) 1 - 2 trucks S6:-8Z 91.16
b) Each additional truck Z&:94 30.39
46) Gas companies, state license required:
a) Distributing through pipe lines, natural
gas (includes one truck);(franchised or
other method devised by City Council) 115.76 121.55
b) Bottle gas, wholesale merchant
license required 57:-89 60.78
c) Bottle gas, retail merchant license
required 57:-89 60.78
47) Gas contractors, installing container, piping
(includes one vehicle), state license required
a) Not connected with other business S6:-8Z 91.16
b) When connected with other business 57:-89 60.78
48) Gasoline, fuel oil, and other petroleum products,
resident or nonresident (includes one vehicle):
a) Wholesale 144.70 151.94
49) General repairs, permitting to carry stocks or parts
necessary to be used in making repairs in shop hereby
licensed, however, if any portion of such stock is
sold in any manner, a merchant's license is
required.
Machine shop and welding (not working
on automotive) 4e:52: 42.55
Employing including owner and operator
a) Not to exceed 3 employees (assemblage) 4e:52: 42.55
b) Not exceeding 8 employees 57:-89 60.78
c) More than 8 employees, not exceeding
20 employees 144.70 151. 94
d) More than 20 employees 219.95 230.95
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2006-0-26 10
50) Golf:
a) Driving ranges or practice courses
b) Course
1. 9 holes
2. 18 holes
c) Miniature golf
51) Hazardous materials
52) Health fitness centers
53) Hospitals, sanitariums, nursing homes, and
congregate living, operated for profit, state
license required:
a) 1 - 5 beds
b) 6 - 12 beds
c) 13 - 20 beds
d) Each additional bed
License must be taken out for all beds
whether used or unused
54) Housecleaning and janitorial services (including
window cleaning domestic help excepted)
55) Insurance adjustor company:
a) Company with one adjustor
b) Each additional adjustor
56) Insurance companies (see also Section 11-20,
City Code) for the purpose of taxation,
insurance companies are classified and defined as
follows:
a) Casualty and liability insurance, only
on annual, semi-annual, or quarterly
premium basis and:
1. Bonds, including fidelity, court contracts
and surety bonds and financial guarantees.
2. Burglary insurance, including residences,
bank stock, bonds and securities, safe burglary
and holdup and messenger robbery.
3. Liability insurance, including employers,
public and automobile liability for
personal injury, property damage and
collision.
4. Plate glass insurance.
5. Workman's compensation insurance
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2006-0-26
11
5T:-89 60.78
H6:-H2: 91.16
144.70 151.94
4&:-5Z 42.55
Z8-:-94 30.39
5T:-89 60.78
4&:-5Z
&t:B4
115.7G
5-:99
-46:-52
H6:-H2:
Z8-:-94
42.55
85.09
121.55
6.08
42.55
91.16
30.39
b)
issued to employers or labor.
Accident and health insurance only
on annual, semi-annual, or quarterly
premium basis.
Fire insurance companies, writing policies of
insurance against hazards of fire, tornado and
windstorms, use and occupancy, profits, rent,
leasehold insurance, insurrections, riot and
civil commotion, sprinkler, leakage, rain, fire,
theft, automobile collisions; and marine
cargoes and bills; and rail, mail express
shipments; against fire, collisions, stranding,
sinking.
Industrial insurance companies, (including
funeral benefits associations or companies)
writing life and or accident and health,
insurance and funeral benefits on a
weekly, bi-monthly or monthly premium
paying basis.
Insurance agency, any person who represents
or otherwise acts as agent for an insurance
company as defined and or classified in this
subsection or classification of insurance
companies, or which operates or maintains
an office or place of business in the city
shall be deemed to constitute and operate
an insurance agency. Fees to be paid by the
company, includes representation by each
agent.
1.
2.
3.
4fr.5Z 42.55
4fr.5Z 42.55
4fr.5Z 42.55
4fr.5Z 42.55
z.&94 30.39
6.
c)
d)
57)
Casualty and liability companies
Fire insurance companies
Industrial insurance and funeral
benefits association or company
4. Life insurance company
5. Each additional agent
Laboratories, scientific and industrial investigation,
if not connected with licensee's manufacturing
enterprises
Lawn service and care:
a) Gardener and/or lawn care
144.70
151.94
58)
z.&94
30.39
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2006-0-26
12
59) Manufacturers. The following businesses are
classified as manufacturers and each person
engaged in the operation of such business in
the manner described are required to cover
this operation by taking out a manufacturer's
license as follows:
Factory, permitted to manufacture and sell the
products manufactured, employees include
owner and operators actively engaged in such
business.
a) Not to exceed 3 employees (assemblage) 4B:5Z 42.55
b) Not exceeding 8 employees 57:S9 60.78
c) More than 8 employees, not exceeding
20 employees 144.70 151. 94
d) More than 20 employees 219.95 230.95
60) Meat, fish and poultry products, packinghouses
or storage Str:ttZ 91.16
61) Merchandise mart (flea market) owner operator:
a) Up to 4 spaces Str:ttZ 91.16
b) 5 - 10 spaces 115.7G 121.55
c) 11 - 20 spaces 17J.G5 182.33
d) Each additional ~ 12.16
62) Merchants - Retail, provided license shall
permit but one location when average stock
of goods carried is as follows:
a) Stock up to $1,000.00 Z8-:94 30.39
b) Stock from $1,001.00 to $5,000.00 4B:5Z 42.55
c) Stock from $5,001.00 to $10,000.00 57:S9 60.78
d) Stock from $10,001.00 to $30,000.00 Str:ttZ 91.16
e) Stock from $30,001.00 to $50,000.00 137.81 144.70
f) Stock from $50,001.00 to $100,000.00 17J.G5 182.33
g) Stock from $100,001.00 and over 202.59 212.72
63) Merchants - Jobbing wholesaling, provided
license shall permit but one location when
average stock of goods carried is as follows:
a) Stock up to $1,000.00 4B:5Z 42.55
b) Stock from $1,001.00 to $10,000.00 57:S9 60.78
c) Stock from $10,001.00 to $30,000.00 Str:ttZ 91.16
d) Stock from $30,001.00 to $75,000.00 115.7G 121.55
e) Stock from $75,001.00 and over 156.28 164.09
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2006-0-26 13
64) Museums, historical, for profit (permission and
fees set by Council)
65) Newspaper publisher S6:-8Z 91.16
66) Parking lots, for profit:
a) 1 to 10 cars z.&94 30.39
b) 11 to 60 cars S6:-8Z 91.16
c) 61 to 100 cars 115.7G 121.55
d) 101 cars and over 144.70 151. 94
67) Pawnbrokers, not transferable 17J.G5 182.33
Each pawnbroker or money broker shall keep
a complete and true record of all transactions
showing from whom the article was taken or
purchased and to whom sold, which shall at
all times be subject to inspection by the police
department to the city, one copy of daily
records being delivered to the police department.
Violations of this subsection shall be punished by
fine or imprisonment. (See Section 11-27 and
11-28, City Code.)
68) Printing business 57:-S9 60.78
69) Private and social clubs 57:-S9 60.78
70) Private schools (religious, institutions exempt) z.&94 30.39
a) Art color studio
b) Automobile and truck driving
c) Business
d) Cosmetology
e) Dancing
f) Dramatic
g) Flying instructions
h) Kindergarten, nursery, or day care
(state license required)
i) Martial arts
j) Model or charm
k) Music (piano, voice, instruments)
1) Riding school or academy
m) Trade
n) Other
71) Professional S6:-8Z 91.16
The following professional practitioners are
classed as professional and each person engaged
Stmck tmough passages are deleted.
Underlined passages are added.
2006-0-26 14
in the practice of any such profession is required
to cover this practice by taking out a professional
license as follows: (Other county and state license
compliance required if applicable)
a) Accountants, bookkeepers
b) Artists
c) Acupuncturists, state license required
d) Architects
e) Astronomers
f) Attorneys, state license required
g) Auditors, state license required
h) Chemists, state license required
i) Clinic labs, state license required
j) Computer consultant
k) Drafting
1) Dentistry, state license required
m) Embalmers, state license required
n) Engineers, state license required
0) Engravers, embossing, lithographs
p) Homeopathic or drugless physicians
q) Income tax, tax consultant
r) Interior decorators, designers
s) Masseur, state license required
t) Medical doctors, state license required
u) Naprapaths, state license required
v) Opticians, state license required
w) Optometrists
x) Osteopathic physicians, state license required
y) Pharmacists (exempt F.S. 205.196), state license required
z) Physicians, state license required
aa) Photographers
bb) Pilot
cc) Podiatrists, state license required
dd) Private instructors
ee) Secretary
ff) Security (must register with police department)
gg) Therapists
hh) Tree surgeons
ii) Veterinarian, state license required
jj) Taxidermist, state license required
StltlGk tluongh passages are deleted.
Underlined passages are added.
2006-0-26
15
kk) Bondsman (state license required):
1. Each agency
2. Each agent
11) All other professions
72) Real estate or rental agency, state license required:
a) With one person designated as broker
b) Each additional salesperson
(No license issued until state registration
certificate is presented.)
73) Recording studios
74) Refuge hauling and recycling, for profit, (by
authority of the City Council fees also determined
by Council)
75) Rent all (equipment & video)
76) Restaurant, cafe and other public eating places,
where food is served in connection with or
separate from other business according to
seating capacity:
a) 0 to 50 seats also carry out
b) 51 to 100 seats
c) 101 seats and over
d) Caterer service
Health permit certificate required.
8-6-:8Z 91.16
Z8-:-94 30.39
8-6-:8Z 91.16
4&:-5Z 42.55
Z8-:-94 30.39
5-1-:-89
60.78
5-1-:-89
60.78
77) Rinks
78) Saw mills
79) Service:
a) Mail order
b) Parcel packing
c) Telephone answering services
d) Telemarketing
e) Housesitting
f) Chimney sweeper
g) Other
80) Shooting galleries
Must be arranged and located as to be entirely
safe and not a nuisance to adjoining property
and approved by the City Council and the Police
Department.
81) Shows, carnivals, parades, concerts (fees set
by Council)
5-1-:-89 60.78
8-6-:8Z 91.16
9&4B 103.32
4&:-5Z 42.55
8-6-:8Z 91.16
8-6-:8Z 91.16
4&:-5Z 42.55
4&:-5Z 42.55
4&:-5Z 42.55
4&:-5Z 42.55
Z8-:-94 30.39
Z8-:-94 30.39
4&:-5Z 42.55
5-1-:-89 60.78
Stltlck tlnongh passages are deleted.
Underlined passages are added.
2006-0-26
16
82) Solicitors:
a) For magazines or periodicals (see Section
11-26, City Code );( each solicitor required
to register with the Police DepartmCHt City Clerk's
Office and receive a registration and identification
card signed by the Police Chief City Clerk) z.&:94 30.39
b) Going from house to house soliciting
business, (each solicitor required to
register with the Police Department City Clerk's
Office and receive a registration and identification
card signed by the Police Chief) z.&:94 30.39
c) Canvassers (see Section 11-26, Edgewater
Code, must get permit from City) z.&:94 30.39
83) Storage warehousing 86:-&Z: 91.16
a) Boat houses or boat yards (keeping or storing) z.&:94 30.39
b) Garage and storage and parking for all
types of vehicles 4e:-5Z 42.55
84) Swimming pools (public) 4e:-5Z 42.55
85) Telegram companies 59:H9 60.78
86) Telephone companies 59:H9 60.78
87) Theaters:
a) Up to 500 seats 69:-46 72.93
b) 501 to 1,000 seats 86:-&Z: 91.16
c) Over 1,001 seats 115.7G 121.55
d) Drive-ins 86:-&Z: 91.16
(If merchandise is sold, merchants license
is required)
88) Trailers or mobile homes parks or camps:
a) 1 to 9 trailer spaces 4e:-5Z 42.55
b) 10 to 20 trailer spaces 59:H9 60.78
c) 21 or more trailer spaces 86:-&Z: 91.16
Sales 144.70 151. 94
89) Transportation:
a) Chauffeurs, taxis, limousines or motor
vehicles for hire (must get permit from
Police Department.):
1. 1 to 5 vehicles 59:H9 60.78
2. 6 to 10 vehicles 86:-&Z: 91.16
3. Each additional vehicle 5-39 6.08
b) Wrecker service:
SttnGk tmongh passages are deleted.
Underlined passages are added.
2006-0-26 17
1. One vehicle
2. Each additional vehicle
90) Trucking companies (Freight):
a) Each truck
91) Unclassified
92) Utilities
93) Vendors, concession mobile, health permit
required
4e:52 42.55
5-:9-9 6.08
z&:-94 30.39
57:-89 60.78
144.70 151. 94
4e:52 42.55
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.
PARTE.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts C through G shall not be codified.
PARTF.
EFFECTIVE DATE.
This ordinance shall take effect as of August 1, 2006.
Stmck thtough passages are deleted.
Underlined passages are added.
2006-0-26
18
PART G.
ADOPTION.
After Motion to approve by Councilwoman Lichter and Second by Councilman Vincenzi,
the vote on the first reading of this ordinance held on July 24,2006, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Debra Jean Rogers ABSENT
Councilman Dennis Vincenzi X
Councilwoman Harriet B. Rhodes --X.
Councilwoman Judy Lichter X
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
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
Struck through passages are deleted.
Underlined passages are added.
2006-0-26
19
PASSED AND DULY ADOPTED this 7th day of August, 2006.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Susan J. Wadsworth
City Clerk
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: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
Approved by the City Council of the City of
Edgewater at a meeting held on this 7th day of
August, 2006 under Agenda Item No. 6_.
Stmck th10ngh passages are deleted.
Underlined passages are added.
2006-0-26
20
Interim City Manager Williams made a staff presentation and
explained the applicant has requested another continuance
due to ongoing discussion regarding the parking lot at the
Pelican Cove West Clubhouse until a mutual agreement can be
established between the applicant and the Pelican Cove West
Homeowners Association.
Assistant City Attorney Palmer stated they reviewed the
documents and provided a report to staff, which was not
included in the agenda packet. He has talked to Interim
City Manager Williams and they will make sure it is
included in the next agenda packet if Council decides to
continue it from today.
Mayor Thomas entertained a motion.
Councilwoman Lichter moved to continue Ord. 2006-0-17,
second by Councilwoman Rogers.
The MOTION CARRIED 4-0.
C. Res. No. 2006-R-04, modifying administrative fees
and schedule of costs/fees relating to Code of
Ordinances, Chapter 21 (Land Development Code)
and other administrative fees/costs
Assistant City Attorney Palmer read Res. 2006-R-04 into the
record. He informed Council the title of the resolution
was different than what was included in the Council's
agenda packet. The copy of the updated resolution was
provided on the dais before the meeting and there has been
one omission from the resolution changing fees under
Chapter 11 of the Code of Ordinances which relates to
Occupational Licenses and after discussion with staff today
the reason for changing that is the fees for occupational
licenses under Florida State Law must be set by ordinance
and not resolution. This will be dealt with by ordinance
at a future meeting.
Interim City Manager Williams made a staff presentation.
Mayor Thomas asked what reference they are going from with
regard to the deletions and changes that have been made.
Interim City Manager Williams explained with increases
associated with the impact fees or development fees they
reference the engineering news and record which tries to
associate the cost of construction which is why they
Page 20 of 33
Council Regular Meeting
June 19, 2006
reference that to be applicable to the impact fees. In
this case they were adjusted based off of last year's
numbers. These increases they intended to take place last
October and it did not happen. He commented on referencing
the Consumer Pricing Index in other areas.
Mayor Thomas stated the biggest complaint he has gotten is
on the reclaimed water rates. He mentioned the residents
receiving information in their water bills reflecting what
their bill would be in the future for reclaimed water.
Mayor Thomas questioned if this was the scheduled he and
Interim City Manager Williams previously discussed.
Interim City Manager Williams informed him it was not. The
reclaimed water rates are not addressed in this resolution
and they will bring this back to Council in July and amend
the resolution to reflect the new rates once they make the
proposal to Council. He informed Council they are pretty
firm on the rate structure but are continuing to evaluate
it for another month before they bring it back to Council
as to the impacts it will have.
Councilwoman Lichter stated this is the item she gets the
most calls about because they interpret what was put as an
example as the actual price. All they were trying to show
was that if you use more than the average price you would
be paying more a gallon. This is a conservation technique
to get people to use less. Interim City Manager Williams
informed him the letter did exactly what it is supposed to
do and that is to raise everybody's awareness.
Mayor Thomas opened the public hearing.
Gerald Garrett, 1410 Orange Tree Drive, stated the
reclaimed water is getting to be an expensive proposition
when you feel that people are actually paying $500 to have
it installed. It started out at $5 and then it went to
$10. Then they spent $1 million to put meters in. In his
opinion he only uses legally what he is allowed to use and
he doesn't even have an irrigation system. He is only
using what he needs just to maintain his lawn. He feels
what the Council is doing is they are going to encourage
people to let their lawns die. Some of the rates would be
cheaper if you didn't have to pay sewer to use City water.
He feels they have gone overboard and should start figuring
how much actual water when there is no rain that people
need to maintain a healthy looking community and lawn. He
Page 21 of33
Council Regular Meeting
June 19,2006
asked what the requirement is. Interim City Manager
Williams stated St. John's suggests an inch and a half a
week. He assured Mr. Garrett they are going to address
those rate structures and they have addressed those
internally. They are doing their due diligence internally
before they release those rates to the public but that
would be forth coming in the next month or month and a
half.
Councilman Vincenzi stated it is going to be discussed
before actual rates are adopted and before the residents
start getting charged for it.
Mr. Garrett stated he has two lots and just with the
watering he is doing by hand his bill would be over $36.
Some of his neighbors who have four lots have gotten bills
that said they would be $140. He has heard them say they
won't water. He feels then it is going to look like hell.
Councilman Vincenzi stated before they start getting
charged these rates are going to be discussed and probably
modified.
Mr. Garrett feels it seems ludicrous when someone says they
are going to drill a well. You can't drill a well. The
only reason people would want to drill a well is so they
can maintain a healthy yard and save a few bucks.
Mayor Thomas informed him he thought Mr. Garrett would be
pleasantly surprised. What they are trying to get people
to do is instead of having a nice Floratam lawn is to make
leaf gardens and palmetto patches and use natural
vegetation. Our water is a valuable commodity. St. John's
has said that is a vial commodity and they have to charge
for it. That is why they looked into the using of the
rates and the people that use more will cost more to reduce
the use of the water.
Mr. Garrett stated he didn't know of anybody in his
neighborhood that he could say are abusing it.
Councilwoman Lichter mentioned running out of water in
certain areas because of it being abused in other areas.
Mr. Garrett commented on City water and conservation and
understanding St. John's but he commented on this not being
water that comes from the ground but water that is already
Page 22 of 33
Council Regular Meeting
June 19,2006
there. This water would have been in the sewer then
disposed of. Mayor Thomas stated St. John's is saying this
is vial commodity. Mr. Wadsworth confirmed St. John's is
saying it is still a resource and it needs to be treated
like one and regulated.
Councilwoman Lichter stated in the beginning no city had
that attitude because it was throwaway. Subsequently St.
John's is saying we have a treasure and have to treat it
like that. They regulate the CUP, which tells the City how
much water they are going to be allotted. One of the
conservation measures they are pushing is to use recycled
water in a conservation manner.
Linda Garrett, 1410 Orange Tree Drive, asked if the new
development would have reclaimed water in their areas, in
particular Reflections and Hammock Creek. Interim City
Manager Williams informed her they would be looking at
Hammock Creek to provide reclaimed water. Reflections does
not at this point.
Mayor Thomas stated the only place that has reclaimed water
now is Florida Shores. Interim City Manager Williams
informed her the development that is occurring to the south
they are requiring the developer to put in dry lines for
when that resource becomes available to those folks. He
would think that as they look at the development of Hammock
Creek and the potential need for a wastewater site and
reclaimed site there that they can look at the
interconnection over to Reflections to address that need as
well.
Ms. Garrett commented on with all of the people going in
Hammock Creek they may have a need for a new wastewater
plant and questioned if the developers were going to help
pay for the extra plant. She was informed they would.
Ms. Garrett questioned if the City is getting a lot of fees
from the developers to help pay for the infrastructure.
She was again informed we were. Councilwoman Lichter
stated growth has to pay for itself and we got a few extras
in the deal.
Dot Carlson, 1714 Edgewater Drive, stated the first place
growth doesn't pay for itself, we will have to pay for some
of it.
Page 23 of 33
Council Regular Meeting
June 19, 2006
Councilwoman Lichter stated Animal Services has been
working with wildlife. Ms. Carlson stated as long as they
have the facilities and the trained personnel.
Ms. Carlson stated if you go out to the County extension
agency at the Volusia Fairgrounds you can get all the
information you need on xeriscaping your lawn. She
presented some examples of what you can do so you don't use
as much water. She mentioned California xeriscaping for
years because they did run out of water.
Mayor Thomas entertained a motion.
Councilwoman Lichter moved to approve Res. 2006-R-04,
mOdifying administrative fees and schedule of costs/fees
relating to Code of Ordinances, Chapter 21 (Land
Development Code) and other administrative fees/costs
second by Councilwoman Rogers.
The MOTION CARRIED 4 - 0 .
7. BOARD APPOINTMENTS
A. Firefighters' Pension Fund Board:
1) affirming the Board's reappointment of Gary
Butt to serve another 2-year term
Councilwoman Lichter moved to approve Gary Butt's
reappointment to the Firefighter's Pension Fund Board,
second by Councilman Vincenzi.
The MOTION CARRIED 4 - 0 .
2) nomination by Councilwoman Rhodes to fill a
seat due to the expired term of Martin Tse,
who seeks reappointment
Interim City Manager Williams informed Council they would
be continuing this appointment until July 10th.
B. Economic Development Board:
1) nomination by Mayor Thomas to fill a seat
due to the expired term of Oscar Zeller,
who seeks reappointment
Page 24 of 33
Council Regular Meeting
June 19, 2006
;,
AGENDA REQUEST
c.A. NO.: 2006-079
Date: June 9. 2006
PUBLIC
HEARING 06/19/2006
RESOLUTION
x
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Resolution #2006-R-04 Modifying administrative fees and schedule of costs/fees relating to the Code of
Ordinances, Chapter 2 I (Land Development Code) and other administrative fees/costs.
BACKGROUND:
The City has adopted numerous ordinances and resolutions establishing and modifying the various schedules
of costs, fees and surcharges relating to the Code of Ordinances, Land Development Code and administrative
costs/fees. Due to numerous reference points, there can be inconsistencies with various amounts collected on
certain fees/costs.
Resolution #2006-R-04, in an effort of consistency incorporates all City costs, fees, fines and surcharges relating
to City business into one reference point.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution #2006-R-04.
ACTION REQUESTED:
Motion to approve Resolution #2006-R-04.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
on C. Williams
Interim City Manager
C~--j{--I-,)tt!~/.~Cl,,-
Robin L. Matuslck
Paralegal
rim
All Department Heads
LETTER OF TRANSMITTAL
June 20, 2006
We are sending you the following attachments for action as defined below:
ORGINAL-COPY
1
DESCRIPTION
2006-R-04
ACTION
1&4
1. For your files
2. At your request
3. For review & comment
4. See remarks
Remarks: Please make this document available to all your staff that deal with fees
Susan J. Wadsworth, CMC
RESOLUTION NO. 2006-R-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW A TER, FLORIDA, CONSOLIDATING IN
A SINGLE RESOLUTION CERT AIN FEES, CHARGES
AND PENALTIES ESTABLISHED BY THE CITY
BY OTHER RESOLUTIONS; INCREASING AND
ESTABLISHING FEES UNDER CHAPTER 5 (ANIMAL
CONTROL) OF THE CODE OF ORDINANCES;
INCREASING FEES UNDER CHAPTER 10
(HEAL TH AND SANITATION) OF THE CODE OF
ORDINANCES; INCREASING FEES UNDER CHAPTER 12
(OFFENSES AND MISCELLANEOUS PROVISIONS) OF
THE CODE OF ORDINANCES; INCREASING
FEES UNDER CHAPTER 19 (UTILITIES AND SERVICES) OF
THE CODE OF ORDINANCES; INCREASING AND
ESTABLISHING ADMINISTRATIVE FEES AND COSTS;
REPEALING RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY AND APPLICABILITY
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. The City has adopted several ordinances and resolutions establishing various
schedules of costs/fees and surcharges relating to the Code of Ordinances, Land Development Code
and administrative costs/fees.
2. In an attempt to be more consistent with all fees/costs and surcharges, the City feels
that they should be incorporated into one (1) resolution.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Edgewater, Florida:
Section 1.
Modifying the Schedule of Fines, Penalties, Costs and Various Fees.
Pursuant to the Code of Ordinances and Land Development Code, the schedule of costs/fees
2006-R-04
1
PASSED AND DULY ADOPTED this 19th day of
ATTEST:
~--I!/\-~---'
Susan J. Wad~worth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
2006-R-04
June
,2006.
CITY COUNCIL OF THE
.:!TY O~ EDG~WATER, FL~RlDA
'., ilL.f'f;. ) 1..!Jt2;..
/, I~' /
By)'1 ~ .' .\' / ~-
ike Tho .
Mayor
~~;"\
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgp.ter at a meeting held on this ~ day
of , 2006 under Agenda Item
No. c..
3
Classification
Class I
Class II
Class III
Class IV
First Offense Each Repeat Offense
$ 53:00 75.00 $ 108.00 150.00
$ 108.00 150.00 $ 25J.00 300.00
$ 25J.00 300.00 $ 450.00 500.00
Mandatory Court Appearance
I Table I I
I Code of Ordinances I
Chapter Statutory Title Classification/ Issuing
and/or Reference Fines Authority
Section and Costs
Chapter 3 Advertising Signs I CO/PD
Chapter 4 Alcoholic Beverages, I PO
except
4-2 ~562.14 Sale only from licensed $108.00 PO
premises (Unlawful sale of II
alcoholic beverages)
4-4 ~877.03 Improper conduct upon $108.00 PD
~856.011 licensed premises II
(Disorderly conduct)
4-5 ~562.14 Hours of sale (Alcoholic $15J.00 PD
beverages) II
4-8 Closing restrictions $108.00 II PO
4-9 Set-ups $108.00 II PD
4-10 Consumption in public $53.00 ! PO
places
4-11(a) Possession of open $108.00 II PD
containers in a public place
4-11(b) ~316.1936 Possession of open $108.00 II PO
containers in vehicle
SCHEDULE OF CIVIL FINES
2006-R-04
5
5-13 Animals prohibited in ACO/PD
parks and on beaches
5-14 Running at large ACO/PD
prohibited
5-15 Animal under restraint ACO/PD
5-16 Restraint of guard dogs ACO/PD
5-17 Public nuisance animals ACO/PD
prohibited * *
5-20 Female animals in heat ACO/PD
5-20.1 Attempting to breed ACO/PD
5-21 Disposition of dead ACO/PD
animals
5-22 Animals transported in ACO/PD
vehicles
5-23 Duties of driver when ACO/PD
vehicle strikes animal
5-24 Dogs and cats transported ACO/PD
or offered for sale or gift
5-30 Vaccinations of dogs and ACO/PD
cats
5-31 License required ACO/PD
5-33 License tag and rabies tag
to be attached to collar or ACO/PD
harness of animal
5-36 Breeding and kennels ACO/PD
5-50 Animals infected with ACO/PD
rabies; reporting
requirements
5-52 Surrender of animal for ACO/PD
quarantine or destruction
2006-R-04
7
Chapter 11 Occupational Licenses, II
Taxes and Regulations
11-2 License required; issuance $108.00 IT CO/PD
(Doing business without
occupational license )
11-27 9538.04 Pawnbrokers, secondhand $253.00 III CO/PD
dealers - Records of
transactions of
pawnbrokers
11-63 Registration - Required $153.00 III CO/PD
(Pedd I ers/ so I i c itors/ i ti n eran t
merchants, permit required)
11-68 Loud noises and speaking $153.00 III CO/PD
devices (Sale by use of
vehicle/noise in right-of-
way)
Chapter 12 Offenses and I PD
Miscellaneous Provisions,
except
12-2 9800.03 Display of genitals, $253.00 III PD
women's breasts,
prohibited at certain
commercial establishments
(Sexual conduct/exposure
in alcoholic beverage
establishments)
12-4 9790.15 Discharge of firearms, $108.00 IT PD
weapons
12-77 9800.03 Prohibited activities $108.00 IT PD
(Exposure of breast in
public place)
Chapter Parks and Recreation I CO/PD
12.5
2006-R-04
9
17-43 9316.1965 Parking near rural mailbox $44.00 ! PD
during certain hours;
penalties
17 -44 S316.2025 Following fire apparatus $44.00 I PD
9316.1945 prohibited; parking in
firelane
Chapter 19 Utilities and Services, I CO/PD
except
19-2 3 Unlawful connections III CO/PD
19-24 22 Tampering with meters, II CO/PD
tap, etc., unlawful
19-32 33 Unauthorized connections III CO/PD
prohibited
19-69 66 Builders, building II CO/PD
contractors and privately
employed tree trimmers
and tree surgeons
19-9B 67 Transporting and disposing II CO/PD
of garbage and trash
19-74 Molesting contents of I CO/PD
recycling container
2006-R-04
11
19-125 Limitations on use of 151 Offense = CO/PD
reclaimed water Warning
2nd Offense =
Class II
19-129 Prohibited activities and ! CO/PD
biennial inspections
Chapter Vehicles for Hire, except I CO/PD
19.5
19.5-6 Occupational licenses II CO/PD
required for business
19.5-12 Public liability insurance II CO/PD
required
19.5.28 Issuance and contents of $108.00 IT PD
permits
Chapter 21 Land Development Code CO
Article III Permitted, Conditional, I CO
Accessory and Prohibited
Uses, except
21-37.01 Code specific CO
thru
21-37.08
Article IV Resource Protection I CO
Standards, except
21-41.03 Permit required (Wetland III CO
alteration)
Article V Site Design Criteria, I CO
except
2006-R-04
13
SECTION 1-9-
(ADDITIONAL COURT COST FOR LAW ENFORCEMENT
EDUCATION)
Section 1-9(a): Court Costs pursuant to Section 318.l8(l1)(b), Florida Statutes: $2:00 $3.00
Criminal Justice Education pursuant to Section 938.15, Florida Statutes: $2.00
Section 2-6 Dishonored check policy
$20.00
$25.00 or 5% whichever is
greater
CHAPTER 5 (ANIMAL CONTROL)
SCHEDULE OF FEES AND CIVIL PENAL TIES
FEES
Section 5-21. Disposition of dead animals
$tB:-OO
20.00
Section 5-31. License/Tag Required
(a) Fee
(1) Sterilized animal $ -9:-00 10.00
(2) Unsterilized animal $tz:OO 20.00
.Qll Three (3) year license/tag with proof of three (3) year rabies vaccination
ill Sterilized animal $25.00
ill Unsterilized animal $50.00
tb1 u) Duplicate tag $ -7::00 5.00
te1 @ Administrative fee $ 2.00
Section 5-36. Breeding and Kennels
Annual Breeder Permit Fee
Breeder facility inspection fee
$25:-00
50.00
$25.00
Section 5-41. Disposition of Impounded animals
$37.00 for 3 day impoundment
$45.00 for 5 day impoundment
$10.00 additional fc~ for unlicenscd animal
{ill
Dogs
$ 15.00/day
2006-R-04
15
Section 12-66. False Alarms - Service Charges
Police Department
151 False Alarm - (in excess of 3 in any 6 month period)
2nd False Alarm - (in excess of 3 in any 6 month period)
3rd False Alarm - (for the 3rd & each successive false alarm in excess
of 3 in any 6 month period)
Fire/Rescue Services
1 sl False Alarm - (in excess of 3 in any 6 month period)
2nd False Alarm - (in excess of 3 in any 6 month period)
3rd False Alarm - (for the 3rd & each successive false alarm in excess
of 3 in any 6 month period)
$50.00
$75.00
$100.00
$125.00
$150.00
$200.00
CHAPTER 19 (UTILITIES AND SERVICES)
SCHEDULE OF COSTS/FEES
Section 19-2. Deposits:
Residential service:
Water service only.......................................................... $ 75.00
Sewer service only.......................................................... $ 75.00
Water and sewer service................................................. $150.00
Non-residential service......................
Three times average monthly water, sewer and
reclaimed service charge.
Service charge (to establish account)..........................................$ 25.00
Restoration from termination of service:
during normal working hours
after hours (during work week)
weekends/holidays
$ 50.00
$ 75.00
$100.00
Section 19-12 & 19-34.
Water and Sewer
Reserved capacity, not connected within twelve (12) months
of readiness to serve: Water
Sewer
$ ~ 8.43
9.77 10.06
$ +T:-95 18.49/month
Assessment District when water is deemed to be available: $ ~ 8.43 in City
ffl:Z3- 10.54 out of City
2006-R-04
17
meter test for accuracy. If the meter is found to be inaccurate, this charge will be voided.
Extraordinary service calls outside of regular maintenance, shall require a twenty- five dollar ($25 .00)
charge; for example, locating the meter when covered during sodding or filling on the property.
Actual replacement costs shall be charged for meter damage caused by building or construction on
the property or other causes.
The required commercial backflow device testing shall be conducted by the City at required intervals
for a fee of fifty dollars ($50.00) per inspection.
Section 19-60. (Solid Waste) Service charges and rates
A. Residential Services: all residential services include single family and multi-family
residence; multiple dwelling; trailer park and mobile home park and shall be charged the
following:
January 2005
January 2006
January 2007
January 2008
$16.25 per month for collection and disposal
1.70 per month for recycling
~ per month for equipment reserve fund
$18.80 per month
$17.00 per month for collection and disposal
1.80 per month for recycling
-:.2Q per month for equipment reserve fund
$19.70 per month
$17.75 per month for collection and disposal
1.90 per month for recycling
~ per month for equipment reserve fund
$20.60 per month
$18.50 per month for collection and disposal
2.00 per month for recycling
-L.QQ per month for equipment reserve fund
$21.50 per month
In addition to the fees listed above, each location that has more than three (3) cans for pickup
shall be charged an additional $1.45 per can.
B. Non-Residential Services: non-residential services include all types of business, commercial
and professional establishments and shall be charged the following:
January 2005
2006-R-04
$18.25 per month for collection and disposal
19
City ofUdge~ater, the City Council hereby establishes the fullo~ing schedule of civil penalties fO!
v iolatiom; of Chapter 19, rclating to misuse of potable, ~ell or reclaimed ~ater by any person ~ho
docs not contest a citation and is not mandated to appea1 in court.
1)
2)
J)
1 Sf offcnsc:
2nd offcnsc:
Jrt! offcnsc:
Warning Noticc.
$100.00 finc.
$150.00 finc "lith disconncction of rcclaimcd watcr
scr viccs ~hich requires a $25.00 re-connection fcc,
for a total of$175.00.
$475.00 finc ',yith disconnection of rcclaimcd '.vatcr
ser vices whidl requilc,s a $25.00 rc-comlcction fcc,
['Or a total o[ $500.00.
$500 fine per violation.
4)
4th offcnsc:
5)
Continued abusG.
Section 19-130.
Reclaimed Monthly Residential Customer Charge:
Base Rate (no consumption)
o - 10,000 gallons
10,001 - 12,000 gallons
over 12,000 gallons
$ 3.00
.80/1 ,000 gallons
1.25/1 ,000 gallons
3.30/1,000 gallons
Delinquency fee:
A delinquency charge relating to the amount due for water, sewer, reclaimed, refuse and stormwater
often percent (10%) shall be charged if the customer has not paid the outstanding amount due within
twenty (20) days of the billing date of said charges; a delinquency charge of twelve percent (12%)
shall be charged if the customer has not paid the outstanding amount due within forty (40) days of
the billing date of said charges; and a delinquency charge of fifteen percent (15%) shall be charged
if the customer has not paid the outstanding amount due within sixty (60) days of the billing date of
said charges.
Annual Review/Increase:
There will be an annual review of all fees/rates listed herein (water rates, sewer fees and reclaimed
water charges) with the increase to be based on the cpr (All Urban Uses as of July) or by three
percent (3%), whichever is less.
CHAPTER 21 (LAND DEVELOPMENT CODE)
ARTICLE III.
Section 21-34.05
b.
Permitted, Conditional, Accessory, and Prohibited Uses
Vehicles - Restoration & Permits - For Residential Properties
Application fee: $50.00
2006-R-04
21
Variance (administrative) $ 100.00
Variance (1 & 2 family residence, non-habitable structure) $ 150.00
Variance (all others)
Wetland Alteration Permit
Zoning A~reement Amendment
Zoning/Land Use Designation Letter
Zoning Alcoholic Beverage Signoff
Zoning Map Amendment
Planned Unit Development (PUD)
Other
$1,000.00
$ 100.00
$ 300.00
$ 50.00
$ 50.00
$500.00
$5,000.00
$2,500.00
8.500.00
6.500.00
*Engineering Fees shall be paid by the applicant
* All Recording Fees shall be paid by the applicant
* Any additional charges required by the City relating to
administration, building or permitting shall be born by the applicant.
These fees may include, but are not limited to: engineering, recording,
legal and surveying.
DEVELOPMENT FEES
CONSTRUCTION PERMITS
BUILDING PERMIT FEES
Building valuations shall be as per the latest issued building valuation data and applicable Florida
Modifier contained in the Magazine "Southern Building" as published by the Southern Building
Code Congress International, Inc.
TOTAL VALUATION
FEE
$1,000 and less
$Z&:OO 30.00 MINIMUM
$1,000 to $40,000
$*00 30.00 for the first $1,000.00, $5:00
6.00 for each additional thousand or fraction
thereof, to and including $40,000.00.
$40,000 to $100,000
$215.00264.00 for the first $40,000.01 plus
$4:00 5.00 for each additional thousand or
fraction thereof, to and including $1 00,000.00.
$100,000.01 to $500,000
$451.00564.00 for the first $100,000.01 plus
$3:00 4.00 for each additional thousand or
fraction thereof, to and including $500,000.00.
2006-R-04
23
Per outlet charge
$ +00
5.00
MANUFACTUREDIMOBILE HOME PLACEMENT
Base
Electrical
Plumbing
Mechanical
$100.00
$ 2-B:BB
$ 2-B:BB
$ 2-B:BB
250.00
30.00
30.00
30.00
Double Wide
Triple Wide
$100.00
$150.00
275.00
300.00
MECHANICAL PERMIT FEES
Before a permit is issued for any mechanical work or installation for which a permit is required, a
fee or fees, in accordance with the table below, shall be paid. No permit shall be issued for less than
t'\'VGllt, thirty dollars ($2-B:BB 30.00).
Base up to $1,000.00
Each additional $1,000 or fraction thereof
$2-B:BB
$ -5:00
30.00
7.00
MOVING FEES
For the moving of any building or structure, the fee shall be $100.00. is as follows:
Building 1.000 square feet or less $200.00
Building over LOOO square feet $400.00
OTHER USE PERMIT - Working in Public Right-of-Way
$50.00
PLUMBING PERMIT FEES
Before a permit is issued for any plumbing, sewer, or drainage work or installation for which a
permit is required, a fee or fees, in accordance with the table below, shall be paid. No permit shall
be issued for less than tl;:'\iCl1t, thirty dollars ($2-B:BB 30.00).
Fee for permit $2-B:BB 30.00
Per fixture charge 3-:00 5.00
Fire sprinkler system connected to City
water supply 5:00 7.00
Fire stand pipe lines, Siamese, roof
manifold lines +:00 2.00
Each outlet, sprinkler head 1.00
Sprinkler or irrigation system $2-B:BB 25.00
SIGN PERMIT FEES
Each application for a sign permit for a sign containing no electrical wiring or lighting shall be
accompanied by a fee in the amount often twenty dollars ($te-:BB 20.00) for the first five (5) square
feet, or fraction thereof, of the advertising display area of the sign and one two dollar~ ($+:00 2.00)
2006-R-04
25
twenty-five dollars ($Z6:00 25.00) shall be levied for said reinspection and increases of twenty-five
dollars ($Z6:00 25.00) shall be added for each additional reinspection.
PLANS-CHECKING FEE
When the valuation of the proposed construction exceeds $1,000.00 and a plan is required to be
submitted by Section 104 of the Florida Building Code, a plan-checking fee shall be paid at the time
of submitting plans and specifications for checking. Said plan-checking fee shall be equal to one-
half of the building permit fee as set forth above. Such plan-checking fee is in addition to the
building permit fee.
When plan and associated documents require additional plan checking by Fire-Rescue
personnel. the following fees shall be assessed:
Fire flow calculation
Building Construction
Fire alarm system
Fire sprinkler system
Fuel tank installation
Underground fuel tank
All others
$25.00
$0.35 per $1.000 of valuation. max. $92.00
$4.00 per $1.000 of valuation. max $92.00
$4.00 per $1.000 of valuation. max $92.00
$4.00 per $1.000 of valuation. max $118.00
$4.00 per $1.000 of valuation. max $116.00
$35.00 base plus $4.00 per $1.000 of value
*Engineering Fees shall be paid by the applicant
* All Recording Fees shall be paid by the applicant
* Any additional charges required by the City relating to
administration, building or permitting shall be born by the applicant.
These fees may include, but are not limited to: engineering, recording,
legal and surveying.
Plans Review for Buildings: New Construction, and Renovation; Fees
A fee for plan review shall be charged to recover a portion of the costs of this service. This fee shall
be calculated by building use, as found in the Occupancy Classifications in the Standard Building
Code, and shall be calculated on the basis of square footage. This fee shall be paid at the Edgewater
City Hall at the time of submission of the plan(s). The fees shall be as follows:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
2006-R-04
Assembly
Business
Educational
Factory/Industrial
Hazardous
Institutional
Mercantile
Residential
Storage
$0.0025/sq.ft.
$O.OOllsq.ft.
$0.0025/sq.ft.
$0.005/sq.ft.
$0.0075/sq.ft.
$0.0025/sq.ft.
$O.OOllsq.ft.
$0.0025/sq.ft.
$0.002/sq.ft.
27
AIry violation of alry of the following plovi5iol15 5hall be da55ified and 5hall ealfY the
e0l1e5ponding civil fine pte5eIibed in 5cction21-121.05. Any offe115c that i5 not 5peeified 5hall be
da55ified a5 a Cla55 I offcn5e and 5hallle5ult in the applicable civil fine theleto.
Cap for Civil Fines
A fine shall not accrue in an amount over five thousand and no/1 00 ($5,000.00). Once a fine reaches
the amount of the cap, the City may take the following actions:
1) file a civil suit against the property owner(s);
2) place a lien against the property; or
3) cure/correct the violation and then place a lien on the property.
ARTICLE XVI. Fire and Prevention - Section 21-230.03
Burn Permits $75.00
ARTICLE XVII. Development/Impact Fees
21-310.04 - Pedestrian System Development Fee Schedule
I PEDESTRIAN SYSTEM DEVELOPMENT FEE RATE SCHEDULE II
Street/Roadway Minimum Development Fee Per
Classification Pedestrian/Sidewalk Width Linear Foot
Local 4 feet $ 9:-5t 9.90
Collector 5 feet $H:9B 12.39
Arterial 6 feet $+4:2-8- 14.87
21-311.04 - Tree Relocation Fee Schedule and Replacement Tree Fee Schedule
Determination of the bond amount and the tree replacement contribution shall be computed based
upon the most current version of the Guide for Plant Appraisal, published by the International
Society of Arboriculture.
21-311.05 - Payment in Lieu of Tree Replacement
Payment shall be $z.:.e5 5.00 per square inch of required mitigation in lieu of tree replacement.
2006-R-04
29
Retail/Commercial 1,000 sq.ft. 0.146 $1,435.27 $234.25
1,652.53 241.27
Office/Institutional 1,000 sq.ft. 0.100 $1,435.27 $160.45
1,652.53 165.25
Industrial/Warehouse 1,000 sq.ft 0.007 $1,435.27 $+H3-
1,652.53 11.57
21-322.03 - Police Impact Fee Schedule
I POLICE IMP ACT FEE SCHEDULE 'II
I Land Use I Development Functional ~ Net
Unit Unit Cost CostlUnit
Single-Family/Detached * Dwelling 1.46 $~ $144.73
92.32 150.66
Single-Family/Attached Dwelling 1.08 $~ $107.0G
92.32 111.45
Duplex/ Apartment/ Dwelling 0.97 $~ $ %:+6
Condominium 92.32 100.10
Mobile Home or R/V Park Pad Site 0.80 $~ $ T9:-:3B
92.32 82.55
Hotel/Motel Room 2.21 $~ $219.08
92.32 228.06
Retail/Commercial 1,000 sq. ft. 3.25 $~ $322.17
92.32 335.38
Office/Institutional 1,000 sq.ft. 1.96 $~ $194.30
92.32 202.27
Industrial/Warehouse 1,000 sq.ft. 1.16 $~ $115.00
92.32 119.72
I * Includes mobile homes on single lots. I
21-323.03 - Transportation/Road Impact Fee Schedule
II
TRANSPORT A TION/ROAD IMPACT FEE SCHEDULE
II
2006-R-04
31
760 Research Center 1,000 sf 7.11 4.77 87.00 $967.47
1,007.14
770 Business Park 1,000 sf 16.87 4.69 81.80 $2, 125.24
2212.37
911 Bank w/out Drive-through 1,000 sf 153.98 1.71 35.80 $J,092.80
3219.60
912 Bank w/Drive-through 1,000 sf 291.04 1.83 51.52 $8,995.9J
9.364.76
Industrial
110 Light Industry 1,000 sf 6.98 4.68 93.20 $998.8J
1,039.78
130 Industrial Park 1,000 sf 8.26 4.99 92.00 $1,244.1 0
1,295.11
140 Manufacturing 1,000 sf 3.82 4.68 93.60 $548.57
571.06
150 Warehouse 1,000 sf 4.95 4.59 92.00 $686.00
717.14
151 Mini - Warehouse 1,000 sf 2.52 2.99 93.20 $2JO.57
240.02
Retail
812 Building Materials and 1,000 sf 32.88 4.16 69.80 $J,1J4.68
Lumber Store 3263.20
816 Hardware/Paint Store 1,000 sf 51.29 6.56 74.00 $8,169.88
8,504.85
820 Retail, less than 10,00 sf 1,000 sf 144.40 1.39 51.25 $J,367.33
3.505.39
820 Retail, 10,000 - 99,999 sf 1,000 sf 73.50 1.47 60.50 $2,149.20
2237.32
820 Retail, 100,000 - 1,000,000 sf 1,000 sf 27.67 2.17 84.00 $1,654.35
1,722.18
820 Retail, Greater than 1,000,000 1,000 sf 29.18 2.81 86.00 $2,312.90
sf 2.407.73
2006-R-04
33
890 Furniture Store 1,000 sf 4.81 4.06 59.12 $379.44
395.00
Recreational
General Recreation Parking 3.02 4.43 95.00 $417.07
Space 434.17
411 City Park Parking 14.23 2.84 96.67 $1,282.03
Space 1,334.59
412 Major Park Parking 2.11 4.05 100.00 $280.88
Space 292.40
416 Campground/RV Park Space 3.90 4.55 77.00 $448.20
466.58
420 Marina Slip 2.97 5.77 94.67 $533.33
555.20
Major Sports Facility Parking 2.10 3.63 100.00 $250.58
Space 260.85
Miscellaneous
444 Movie Theater Screens 124.48 1.89 82.12 $G,334.22
6.593.92
560 Church 1,000 sf 9.11 2.97 90.00 $799.42
832.20
565 Day Care 1,000 sf 75.13 1.55 73.32 $2,800.18
2.914.99
Airport Hanger 1,000 sf 4.96 8.36 92.00 $1,251.97
1.303.30
Veterinary Clinic 1,000 sf 32.80 1.77 70.00 $1,JJ4.52
1.389.24
21-325.01 - Water Capital Charges
A water capital charge is hereby established at $6:B2 6.27 per gallon of potable water capacity or
$1,503.81 1.565.47 (one thousand five hundred three sixty-five and &t 47/100) per equivalent
residential unit (ERU). Those persons, corporations or entities who or which have entered into an
agreement with the City providing credits against the water connection fee shall be exempt from
paying this water capital charge.
2006-R-04
35
Meter Connection Fee
6 inch
compound meter
$7,609.077,921.04
21-325.08 - Inspection Fees
All facilities proposed for transference to the City for ownership, operation and control shall be
inspected to insure all construction/installation was in accordance with approved designs, etc.
Inspection fees shall be borne by each developer with all costs being reimbursed to the City as
determined by the City's consulting engineer.
21-325.12 - Water Capital Charges for Consumers Outside City Limits
All consumers located outside the corporate limits of the City shall be charged the applicable water
capital charges required to be paid by all City residents along with a twenty-five percent (25%)
surcharge as allowed by applicable State Statutes.
21-327
Sewer Capital Charges
A sewer capital charge is hereby established at $8:7-5 9.11 per gallon of wastewater capacity or
$2,076.692,161.83 (two thousand 5cvcntY-5ix one hundred sixty-one and 69 83/100 dollars) per
ERU. Those persons, corporations or entities who or which have previously prepaid the existing
sewer capacity charges shall be exempt from paying this sewer capital charge (i.e. Florida Shores
assessment area).
For the purpose of calculating and imposing non-residential water and sewer capital charges, the
following ERU conversation ratios may be utilized as a reference:
I WATER & SEWER CAPITAL CHARGES I
I ESTABLISHMENT I UNIT I ERU I
FACTOR
Residential:
Single-family detached per dwelling unit 1.0
Duplex (1- 2 bedrooms) per dwelling unit 1.0
Duplex (greater than 2 bedrooms) per dwelling unit 1.0
Multi - family (efficiency) per dwelling unit 1.0
Multi - family (1-2 bedrooms) per dwelling unit 1.0
2006-R-04
37
Hotel or motel per room 0.5
(not including food service, banquet and
meeting rooms, and laundries calculated
separately)
Church per seat 0.02
Warehouse per restroom 0.75
per 1,000 sq.ft. 0.2
Per 1,000 sq.ft. 0.75
Grocery store per 1,000 sq.ft. gross 0.75
Food service:
Restaurant! cafeteria per seat 0.1
Restaurant (24 hours) per seat 0.185
Restaurant (fast food) per seat 0.1
Bar/cocktail lounge per seat 0.1
Schools, middle & high per student 0.075
Schools, elementary & nursery per student 0.033
I RECLAIMED WATER IMP ACT FEE I
TYPE OF DEVELOPMENT FEE AMOUNT
All types $562.G5585.72
21-327.06 - System Design; Independent Engineer; City's Engineer
Fees for the City Engineer's review/comments on engineering plans relating to all system design
shall be borne by each developer. Said developer shall pay all costs incurred for review and
comments related to said review.
21-327.07 - Inspection Fees
All facilities proposed for transference to the City for ownership, operation and control shall be
inspected to insure all construction/installation was in accordance with approved designs, etc.
Inspection fees shall be borne by each developer with all costs being reimbursed to the City as
2006-R-04
39
CITY OF EDGEW A TER
ADDITIONAL ADMINISTRATIVE FEES/COSTS
1. LEISURE SERVICES
Rental of Community Center -
Fee Schedule Plan
The following specified groups are eligible to have facility rental charges waived:
1.
2.
School Functions
Veterans Organizations
3.
4.
Council & Advisory Boards
Athletic Associations
Fees:
Community Center - 1-50 persons (per hour) $15.00
51 or more persons (per hour) $25.00
Set up and clean up time must be included in total event time.
$30.00
$40.00
Deposit Requirements -
Damage/Cleaning Deposit Per Usage
$125.00
$150.00
Cancellation Fee -
A 10% cancellation fee will be charged for all cancellations at least
48 hours prior to scheduled use.
A 100% cancellation fee will be charged for all cancellations within
48 hours of scheduled use.
All fees will have an automatic annual increase of six percent (6%) per year.
Event/Activity Fees
Youth Baseball (base rate)
Youth Soccer (base rate)
Registration Fees
$45.00 per participant
$45.00 per participant
Team Sponsors (base rate)
Youth Team Sponsors
$180.00 per team
2006-R-04
41
.
.
.
Duplicate audio tape
Duplicate CD or DVD
Duplicate audio tape (citizen provided tape)
$5.00
$5.00
No charge unless extensive clerical
assistance is required
No charge unless extensive clerical
assistance is required
Based on actual cost of duplication
Based on actual cost of duplication
$1.00 per faxed page
.
Duplicate CD or DVD (citizen provided)
.
.
.
Duplicate video tape
Reprints of photographs
Facsimile Transmission
Note: Additional charges will be added to cover the cost of postage and packaging if necessary.
Sl19.07(1)(b), Florida Statutes, provides: "lfthe nature or volume of public records requested to
be inspected, examined, or copied is such as to require extensive use of information technology
resources or extensive clerical or supervisory assistance by personnel of the agency involved, or
both, the agency may charge, in addition to the actual cost of duplication, a special service charge,
which shall be reasonable and shall be based on the cost incurred for such extensive use of
information technology resources or the labor cost of the personnel providing the service that is
actually incurred by the agency or attributable to the agency for the clerical and supervisory
assistance required, or both."
For the purpose of this policy, "extensive clerical or supervisory assistance" is determined to be
requests that require more than one hour of an employee's time to research, retrieve and copy the
requested records. For public records requests requiring more than one hour, the requester will be
required to pay the hourly salary of the employee doing the research, copying the records and/or
supervising the requester's research. This hourly fee will begin after the first hour of clerical or
supervisory assistance is completed. For requests estimated to require more than one hour of a City
employee's time, a minimum deposit of$25.00 will be required (deposit will be adjusted depending
on the volume of records/research requested). The deposit will be applied to the final cost of the
public records request.
Any requestor of public records who submits a request for records to be delivered by facsimile
transmission shall be informed that the charge for the records/documents would be the normal
charges listed herein (which would cost less per page) versus the charge for facsimile transmission.
Cash, personal check (on a local bank), money order, credit card, debit card or certified check shall
be paid prior to the delivery ofthe requested materials. Any check, money order, or certified check
shall be made payable to the "City of Edgewater".
2006-R-04
43
AGENDA REQUEST
Date: Julv 20. 2006
PUBLI C
HEARING Aug-ust 7. 2006
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
1 st Reading - Ordinance No. 2006-0-27
APPLICANT/AGENT: City of Edgewater
REQUESTED ACTION: Approve the proposed text amendments to the Land Development Code.
Background: The proposed amendments are a collection from discussions from:
· January 28,2006 City Council workshop;
· City staff recommendations; and
· Recommendations from the 2004 Tree committee.
The proposed amendments include, but are not limited to;
· Change in density from gross to net calculations;
· Restrictive use of flood plain related to compensating storage and improved storm water
management and lowlands protection;
· Enhanced tree protection and preservation;
· Improved fire flow methodology;
· Updated definitions section;
· Defined vested rights appeal process;
· Definition of inoperable vehicle is modified to be a vehicle without valid tag;
· Low-density residential is modified as 1 to 4 units per acre (previously 1-5 units per acre).
The Planning and Zoning Board participated in five (5) workshops to discuss the proposed changes,
including one with City Council. The Board also heard discussion from several residents and committees
regarding the changes.
The Planning and Zoning Board has provided a memorandum explaining their decision, as well as a
listing of their proposed changes, of which several differ from the original draft document dated
March 23, 2006.
At their regular meeting of July 12, 2006 the Planning and Zoning Board voted to send a favorable
recommendation to City Council for the proposed amendments and their recommended changes.
Consistency with Comprehensive Plan: Text amendments to the Land Development Code shall be
consistent with the data and analysis and the Goals, Policies, and Objectives of the Comprehensive
Plan.
Other Matters: There are no known other matters associated with this request.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2006-0-27; amending the Land Development Code per City
Staff and Planning and Zoning Board recommendations.
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-27.
T A-060 1 - LDC Amendments
PREVIOUS AGENDA ITEM:
DATE:
Respectfully Submitted By:
TA-0601 - LDC Amendments
YES
AGENDA ITEM NO.
.~~.
"'--- . ..t I -Cltc.J:J
Robin Matusick
Paralegal
2
NO
x
~~.~~~\T'
n WIlhams \
Interim City Manager
City of Edgewater
P.O. Box 100
Edgewater FL 32132
(386) 424-2400
(386) 424-2439 - Fax
Planning Department
Memo
To: Mayor and City Council
From: Planning and Zoning Board
Date: 7/20/2006
Re: Land Development Code Amendments
Members of the Planning and Zoning Board have many years of experience. We have found the
existing Code to meet the City's needs without significant modification. By majority vote the Board has
reviewed and changed the proposed, mostly to adhere to the standards to the existing Code.
The Code needs to be flexible to permit continued economic growth and enhance the tax base,
particularly industrial and commercial development. Even some forms of multiple dwellings or low cost
housing may be essential to the City's economic strength. If the Code eliminates flexibility the City
could become stagnant and an undesirable place to live.
We believe it is in the best interest of the citizens of our community to modify the Code to a somewhat
limited degree to allow the City to grow within reasonable limits, as now controlled, without hindering
the potential for economic stimulation.
ORDINANCE NO. 2006-0-27
AN ORDINANCE OF THE CITY OF EDGEW A TER,
FLORIDA; AMENDING AND REST A TING CHAPTER 21
(LAND DEVELOPMENT CODE) IN ITS ENTIRETY BY
AMENDING THE FOLLOWING ARTICLES: ARTICLE I
(GENERAL PROVISIONS), ARTICLE II (DEFINITIONS),
ARTICLE III (PERMITTED, CONDITIONAL, ACCESSORY
AND PROHIBITED USES), ARTICLE IV (RESOURCE
PROTECTION STANDARDS), ARTICLE V (SITE DESIGN
CRITERIA), ARTICLE VI (SIGN REGULATIONS), ARTICLE
VII (NON-CONFORMING USES), ARTICLE VIII
(ADMINISTRA TION), ARTICLE IX (APPLICA TION
PROCEDURES), ARTICLE X (CODE COMPLIANCE
PROCESS), ARTICLE XI (CONCURRENCY MANAGEMENT
SYSTEM), ARTICLE XII (TELECOMMUNICA TION
TOWERS), ARTICLE XIII (SUBDIVISIONS), ARTICLE XIV
(HISTORIC PRESERVATION), ARTICLE XV (AIRPORTS),
ARTICLE XVI (FIRE & HAZARD PREVENTION), ARTICLE
XVII (DEVELOPMENT/IMP ACT FEES) AND ARTICLE
XVIII (INDIAN RIVER BOULEVARD - S.R. 442 CORRIDOR
DESIGN REGULATIONS); PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND
CODIFICA TION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Chapter 163.3202, Florida Statutes requires adoption of a unified Land Development
Code which contains all regulations related to the development of land within the City.
2. On July 10, 2000, City Council adopted Chapter 21 which is known as the land
Development Code.
3. The Planning and Zoning Board has had numerous workshops relating to the existing
Land Development Code and has recommended various modifications to City Council and Staff.
StlOck thlough passages are deleted.
Underlined passages are added.
2006-0-27
4. City Council has reviewed the suggested recommendations and initiated several
workshops to discuss various modifications.
5. It has been determined that Chapter 21 (Land Development Code should be amended
at this time to correct outstanding scrivener's errors and to modify other outstanding issues in an
effort to provide consistency between the Land Development Code and the Comprehensive Plan.
6. It has been determined that Chapter 21 (Land Development Code) should be amended
and restated in its entirety pursuant to the attached Exhibit "A".
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
AMEND AND RESTATE CHAPTER 21 (LAND
DEVELOPMENT CODE) IN ITS ENTIRETY BY AMENDING
THE FOLLOWING ARTICLES: ARTICLE I (GENERAL
PROVISIONS), ARTICLE II (DEFINITIONS), ARTICLE III
(PERMITTED, CONDITIONAL, ACCESSORY AND
PROHIBITED USES), ARTICLE IV (RESOURCE
PROTECTION STANDARDS), ARTICLE V (SITE DESIGN
CRITERIA), ARTICLE VI (SIGN REGULATIONS), ARTICLE
VII (NON-CONFORMING USES), ARTICLE VIII
(ADMINISTRATION), ARTICLE IX (APPLICATION
PROCEDURES), ARTICLE X (CODE COMPLIANCE
PROCESS), ARTICLE XI (CONCURRENCY MANAGEMENT
SYSTEM), ARTICLE XII (TELECOMMUNICATION
TOWERS), ARTICLE XIII (SUBDIVISIONS), ARTICLE XIV
(HISTORIC PRESERVATION), ARTICLE XV (AIRPORTS),
ARTICLE XVI (FIRE & HAZARD PREVENTION), ARTICLE
XVII (DEVELOPMENT/IMP ACT FEES) AND ARTICLE
XVIII (INDIAN RIVER BOULEVARD - S.R. 442 CORRIDOR
DESIGN REGULATIONS); OF THE CODE OF
ORDINANCES, CITY OF EDGEW A TER, FLORIDA.
Chapter 21 (Land Development Code) of the City of Edgewater, Florida is hereby
amended and restated in its entirety as set forth in Exhibit "A", which is attached
hereto and incorporated herein.
Shtick thlotl~h passages are deleted.
Underlined passages are added.
2006-0-27
2
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts B through F shall not be codified.
PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
Stll1Gk tlllongh passages are deleted.
Underlined passages are added.
2006-0-27
3
PART F.
ADOPTION.
After Motion to approve by
and Second by
, the vote on the first reading of this ordinance held on August 7, 2006
is as follows:
AYE
NAY
Mayor Mike Thomas
Councilman Debra Jean Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
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
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
StInck 1Il1on~h passages are deleted.
Underlined passages are added.
2006-0-27
4
PASSED AND DULY ADOPTED this 11 th day of September, 2006.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
St. tick tluotlgl. passages are deleted.
Underlined passages are added.
2006-0-27
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 11 th day
of September, 2006 under Agenda Item No.
6
5
Please contact the City Clerk's office to view the Land Development Code
AGENDA REQUEST
Date: Julv 25. 2006
PUBLI C
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT August 7.2006
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION
Planning and Zoning Board appointment.
BACKGROUND
On July 7,2006 staff received a letter ofresignation from Todd Fuhrmann. At the July 12,2006
Planning and Zoning Board meeting the Board reviewed the applications and made a
recommendation to fulfill Mr. Fuhrmann's term.
RECOMMENDATION
The Board voted to recommend that City Council appoint, in no particular order, Gigi Bennington,
Thelma Emter, or Anthony Rivera to fulfill the remainder of Mr. Fuhrmann's term, expiring on June
6, 2007.
ACTION REQUESTED
Motion to appoint Gigi Bennington, Thelma Emter, or Anthony Rivera to fulfill the remainder of Mr.
Fuhrmann's term, expiring on June 6, 2007.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NUMBER
Respectfully Submitted By:
n
- ~~. \~ (Do(\[ll~'
Bonnie Wenzel 6i
Planning & Zoning Board Coordinator
July 7, 2006
Edgewater Zoning Board
ReceIved
JUl u? 2006
CIty of EdgeWater
ol~nnlno & Development
Dear Edgewatec Zoning Board.
SUBJECT: RESIGNATION
Following the death of a very dear family friend and pastor of our local assembly, I must
resign from my position on the Edgewater Zoning Board to assume a more prominent
leadership role in my church. I appreciate the opportunity given to me to serve this
community for the past two years. Please accept this as my official letter of resignation.
Sincerely,
~I
Todd Puhrmann, s.b.g.
TF
. THECITyoeJPD}!!f})6EWATER
- .
POST OFFICE BOX IOO-EDGEWATER,PLORIDA 32132-0100
~PLICATIO~ .FOR APPOINTMENT 'lJ'O CITY
BOARDS OR< COMMI'1'D~S,
.NAME . G:J ~. f2JetJ JIliN C7cJ~
ADDREss /,;( I . ;/;~ (C/ 1tl/4' s;
HOME PHONE . r~? .-1 CI/ 0!mg~~ PHONE J 8'?- ~c, f 9 - .:( (., 8"0
OCCUPATION MX C6r08ul. '(4;J:';-
Are you a resident of Edgewater ves How long .,1(9 v ~..s
I .' . /
. .Is your principal 'place of employment ih Edgewater? ,'. .' q-s. .
if yes how long? .' c> V /Z ~
. Bri,efly state your interest in serving on aCi ty board or - r .
. '. '/
COnmrittee::AE#gy . tii 0e"tl~ mE.. C/ j'v . . ?/GI1L~.
State ~u~experienoe/qualifibations .
fJA,~!( ~1'1>C6t{tlJtIL ./Jfc--}yJ.bt=rJ-C
Are you a registered ~oter? . y~s .
..Are you e1Jlployed by the CitY?~Do .you ,hold public office? rtJ 1)
At/the present time, do you $erve on any ather Boards or coinmi ttees?
(/ . If so, list each:
. - r".~ .;:. .
I fso,
(BQAlU) AND CoMMITTEE MEMBERS MAY BE REQU!REO TO :FILE WITH THE STATE f
FINANCIAL DISCLOSUlUilFORMsncu ~EAR)
.' . .' PLEASE INDICATE BOAWS OR COMMITTEES YOU. .
WOULD LIKE TO SEaVE ON AND RANK THEM ACCQROING TO CaOICE SY NUMBER
~ . ANIMAL CONTROL BOARD
~CITIZEN CODE ENFORCEMENT BOARD
_____CONSTRUCTION REGULATION BOARD
_____ECONOMIC DEVELOPMENT BOARD
_GENERAL EMPLOYEES PENSIoN BOARD
...;,--LIBl\ARY BOARD
_____RECREATION & CULTURAL SERVICES
P & ZONING BOARD
lpOLI~E PENSION BOARD
_____VETE~S.PARK ADV. COMMITTEE
DATE:
(2-10-03)
~//{)5
( /
1-21. O<P 'I~_ ...~J...
.J:ji.JJ ~vr-
......:~rj
'c/
O"/-Yi-',.j f'..::":.,; I!~
APPLICATION FOR. APPOIN'l'MENT f,l'O CITY
BOARDS, AGENCIES OR COMMITTEES
7I7cU/~ ~,e
ADDRESS 0'13 ~e7~M Ulff6'/ ~~ r:t d2/f7
HOME PHO~~ )1tb?~~ BUSINESS PHONE
OCCUPATION ~Ml) ,', D iJf ~ if
Are you a resident of Edgewater y~ How long 6~~
A/#(J
,
NAME
Is your principal place of employment in Edgewater?
if yes how long?
Briefly state your inte~9~~1n s~~v<~~~?n a City board, agency or
c;;;~e' ~'~~'~~~::=~/
~" n.rr/r,'- '. :~.<~:'. ':<. ,'~JN'/ '" ,,'/j::..fl{f:. ''- _'_,
State YbUfex, perr,e"n9~,,1 q,'JU,'~iHl~,ation .7; ~"r:''';'~ /~ (CAq .
~ \LL)~tJli.'1#/J&~ '~a/~,::- (hfL34i1-~~A;;}_
t:?2 ,,'I7crt1f/C W ". ~'>,. '. '.~'<;i; H;:,:;: .z/ .'
Are ybu a. registered' 6tsr1:" .' '::'.~' ,'.
": .....f. (:..~.. It
Are you erri'Pl",Oyed by the CitY?!~:'bo you hOld' pUl;>H<!: offic~? ffi
At the pJ;'~~ent tiin'~, 09 you serv~ on any O't'herS6a"ros; Agencies, or
committees? Wb tf' so, , tist ea6h: '
;.
~J:.";.>'",,,,, ''''''-:'..~', .._~ '!~''''. '~'';<'~''''-'':~''''''1.... ......
Have Yc1u ever se~Ved on any boards, 'ag'~ifCies, or bomm~ttees?_
If so, fist ~~~hi~
, Je/da:zJt!34~1f~ ~J):;/$ a?J~C~;~~~
. :. I,: ! 'f,~,~.. :!,,_ ..,,~ .~~
} :?~> . ~;. ;' '.' t;(' j{!.>':;>- ~~;t>~'" y,~
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(BOAm> , AGENCY ANi:)'G~T.TE~ ,$t~,'MAY l\EiiEQUlRED TO FILE WITH
THE STATE, FINANCIAL tS't:se ~",\,<~~'fiCH YEAR)
.>~: !l~~;i>." F:.i:: \~h:
PLEASE INDICATE BOARDs I AGENCIES OR COMMITTEES YOU
WOULD LIRE TO SERVE ON ANn RAm< THEM ACCORDING TO CHOICE BY NUMBER
_____ANIMAL CONTROL BOARD
_____CITIZEN CODE ENFORCEMENT BOARD
_____CONSTRUCTION REGULATION BOARD
ECONOMIC DEVELOPMENT BOARD
---, .
_____GENERAL EMPLOYEES PENSION BOARD
_LIBRARY BOARD
_____RECREATION & CULTURAL SERVICES
~PLANNING& ZONING BOARD
_____POLICE PENSION BOARD
FIREFIGHTERS PENSION BOARD VETERANS PARK ADV. COMMITTEE ~
;;;;;;';"TURE G1(/~ - DAT&, ~~h'3
** SEE REVERSE SIDE FOR LIS G OF BOARDs, AGENCIES AND COMMIT~ESf"* ( v 1-02) ~
. \.tj
1\' '\) A
APPLICATION FOR APPOINTMENT TO .
CITY BOARDS AND COMMITTEES
Nam. A It t ~ tt-,f t;r, tv V a.
Address ~ (() ~ 1 9 av i-q Iklfe- '<-<f) /"pI ~e
Home Phone t ~G' '- tf-~4 - c.t ~ 3 Business Phone ) g G -- 'f~ ~ - -, ~ l1L
Occupation fj U/ It-e.. r C ;J- t> ,,~ (It e f;,
Are you a registered voter? t e g . Voting District
Are you a resident ofEdgewater? y e ~ How long? ?,. > 'f fC'l(' C
Is your principal place of employment in Edgewater? f e.S
If yes how long?
Briefly state your in. terest in seMng on · City board or COIIIDUtlee, A '
7~~v{~ 100. T~/e c-/~f (() 8dje~'fe"
State your eXperience/QUalifications--1G r/ Y( If f'.It;. . (!) (,lAI~e"'- .
.f
Are you employed by the City?..,/.to-Do you hold public office?
NO
At the present time, do you serve on any other Boards or committees?
If so, list each: C l rt- u{ h.t-,/ fJ ~ I CIA- j ;kr ~{J(~ Co /l{P!( ~e- /
Have you ever served on any boards or committees?
If so, list each:
(BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCWSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON
AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_ANIMAL CONTROL BOARD
~CITIZEN CODE ENFORCEMENT BOARD
_CONSTRUCTION REQULA TION BOARD
JLECONOMUCDEVELOPMENTBOARD
_FIREFIGHTERS PENSION BOARD
_GENERAL EMPLOYEES PENSION BOARD
2- LIBRARY BOARD
.!:t-RECREATION & CULTURAL SERVICES
Signature
(REVISED
_POLICE PENSION BOARD
VETERANS PARK ADV. COMMITTEE
Date 3 - 0 't'() ~.
~
",0
!\,'V ~
J/ome. 3o;?,G CiJet.
03-04-05A08:49 RCVD
APPLICA nON FOR APPOINTMENT TO 1 0 - 26 - 04 All : 27 Rev D
CITY BOARDS AND COMMITTEES
A, --(- h (J # i ft I vt~~
')() /' . r l./
Horne Phone ~!5'G - t.{ if ~ - t..r )' g? Business Phone
t;v~('f ess- dJ ~11 tV"
Name
Address
?J E (? - tl;';;;;;' ~ -- 7 ~ ~~o
Occupation
Are you a registered voter? _1 to. ~
Are you a resident of Edgewater? i e. S
Is your principal place of employment in Edgewater?
Voting District
How long?
5' 'f e tUtC;
\/e~
,
If yes how long?
----
Briefly state your interest in serving on a City board or committee:
'to f-A/~ A~-e
State your experience/qualifications ~ C, 7 ''I ~. t ,
.
5Vv(c-e
CI~
f!J 1oV~ ~~ / fjll/c-~ cfn'o/l
I
Are you employed by the City? ~ Do you hold public office?
A.,;()
At the present time, do you serve on any other Boards or committees?
If so, list each:
A/'IJ N ~
Have you ever served on any boards or committees?
---,
If so, list each:
,.---,
(BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON
AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_ANIMAL CONTROL BOARD
5- CITIZEN CODE ENFORCEMENT BOARD
CONSTRUCTION REGULATION BOARD
-L ECONOMIC DEVELOPMENT BOARD
_FIREFIGHTERS PENSION BOARD
_GENERAL EMPLOYEES PENSION BOARD
g LIBRARY BOARD
3__RECREATION & CULTURAL SERVICES
~rl ~NNING & ZONING BOARD
POLICE PENSION BOARD
Signature
(REVISED
TERANS PARK ADY. COMMITlEE
Da~~! {r ref
11-17-05P12:18 RCVO
THE CITY OF EDGE WATER
POST OFFICE BOX100-EDGEWATER, FLORIDA 32132-0100
APPLICATION FOR APPOINTMENT 'ro CITY
BOARDS OR COMMITTEES,
.
<]nt-//V CO/1J)E IRO
ADDRESS !cl/C") p//l/e ~Ee .012. ~
//:J7- 96~/
OCCUPATION I< E. (i IX ED
Are you a resident of Edgewater yeS
./
R. E:7/ ~eMt.v7'
Is your principal place of employment in Edgewater?
if yes how long?
~riefly state your interest in serving on a City board
NAME
HOME PHONE
BUSINESS PHONE
How long
,9 yrt!S
,
~l~
. . '"Q S
or
committee: I /7-1fJl/e /11dvEf) FAoI'VJ ~oo-r# FL-;t:1# po/"" /J-)..L-
I'll 7 /hnA./p'y /.LJ A- HnoX'r- J'f..P.IJ'p:' A-A,6> / Li.h.(}-/l..I/ Ih
HcL:fJM~KE?'?':JN\' . c(y A- ~~E~7"' pLJJ.-cP 7~ L1l/F:
State your experience/qualifications / (.uA~ rrrA./!J. M/J1v /;..;-
J1;1/ITM ) ~d/.2... LCJ C"'9 L /;' ~ U. r,.J"70 /./ IV /1'7 /1/ ,Fd R' . 7' /"~ . .
/ 8a~/.evE / ij~ t..//sZO/V1 ')C(J'/)'JA/JrjlJ (f,'EtVcre :!9-:VJJ._ /ICl'}./l/
Are you a registered voter? 7ps' #&')..fJ l2J)G-et.v19- r.?R.",
Are you employed by the City? Vc9Do you hold public office? I/o
At the present time, do you serve on any other Boards or committees?
- If so, list each: ---...
Have you ever served on any boards, agencies, or committees? A/O If so,
list each: ~
(BOARD AND COMMITTEE. MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS OR COMMITTEES YOO
WOULD LIKE TO SEavz ON AND RANK THEM ACCOROING TO caOICE BY NUMBER
ANIMAL CONTROL BOARD
_GENERAL EMPLOYEES PENSION BOARD
_LIB~RY BOARD
RECREATION. & CULTURAL SERVICES
~LANNING &ZONI~G~
_FOLICE PENSION BOARD
_VETE~S PARK ADV. COMMITTEE
_CITIZEN CODE ENFORCEMENT BOARD
_CONSTRUCTION REGULATI,ON BOARD
_ECONOMIC DEVELOPMENT BOARD
_FIREFIGHTERS PENSION BOARD
SIGNATURE
SEE REVERSE
DATE:
(2-10-03)
//-/7-00-
~<~
-,.-
..
THE CITY OF EDGEWATER
POST OFFICE BOX 100, EDGEWATER, FLORIDA 32132-0100
Mayor Michael L Thomas
District 1 Councilwoman Debra J. Rogers
District 2 Councilman Dennis A. Vincenzi
District 3 Councilwoman Harriet E. Rhodes
District 4 Vice Mayor Judith R. Lichter
November 17, 2005
City Manager Kenneth R. Hooper
City Attorney Paul Rosenthal
City Clerk Susan J. Wadsworth, CMC
John Cordeiro
1515 Pine Tree Drive
Edgewater, Fl. 32132
Dear Mr. Cordeiro,
Thank you for submitting your recent application showing your interest to serve on our City
Boards or Committees. A copy of your application will be retained in the appropriate files and
as vacancies occur on a Board or Committee your application will be reviewed. The City
Council and/or Board/Committee members may contact you for an interview or with questions
pertaining to your application. The City Boards/Committee may make a recommendation to the
City Council but it is the duty of the City Council to make that Board or Committee
appointment.
You will be notified if you are selected to serve on a Committee or Board. Again, thank you for
your interest in helping to make our City a better place to live.
Please, if you should have any questions or concerns regarding serving on any of the City Boards
or Committees you can contact the City Clerk's office at 386-424-2407 and we will be happy to
help you.
Sincerely, . ......
~
--~/~
Susan J. Wadsworth ,CMC
City Clerk
(B:advboards acknowled)
104 NORTH RIVERSIDE DRIVE
FAX-(386)424-2409 SUNCOM 383-2407
CITY CLERK-(386)424-2407
Swadsworth@cityofedgewater.org
I
THE CITY OF EDGE WATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
APPLICATION FOR APPOINTMENT TO CITY
BOARDS OR COMMITTEES,
DJrM &r2-1SG'L-L
Ib/~ 0;..1(; T~ Vr2
Lj 27> - '-I?r(,
OCCUPATION OWNe-a - CYk>WN
Are you a resident of Edgewater
NAME
ADDRESS
HOME PHONE
BUSINESS PHONE ~ :2 t - t11 f .f
J;ze; 5?n2v'/~
E~ How long 0 C-rDI3Er2.. - I
{"
Is your principal place of employment in Edgewater? )/~~
if yes how long? CJe..-'(ol3€'12... .--I"j?t,
Briefly state your interest in serving on a City board or
commi t tee: -;;;IT> T'J .::z;: r?# 'I - J; !-4-l-P -r;;e C? ~w +- ~~~~
~ ~y WA-y ~ OA-'#-
Are you employed by the
At~he present time, do
, l:) If so, list each:
State your experience/qualifications ..:r 5"";<?G?vr ~ l~tZt:..:z# ~
t?w M~~e#r - 151.< "--r /t ;/.our-er #e;i;i - Hl-ve t).,.,.,ve'?) my OWA' {/l-<r/lV~s
S'i~ce- /7'~t/ - .
/
Are you a registered voter? ye-S
,
CitY?~DO you hold public office? }/o
you serve on any other Boards or committees?
Have you ever
list each:
rved on,jlj1y boards~agencies, or committees? YR If so,
()l--t ~ {/~'5I#N /.> 0.472 i)
(BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS !':ACH YEAR)
PLEASE INDICATE BOARDS OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
SIGNATURE
SEE REVERSE SIDE FOR BOARD
_____GENERAL EMPLOYEES PENSION BOARD
_____LIB~RY BOARD
~ RECREATION & CULTURAL SERVICES
~PLANNING & ZONING BOARD
_____POLICE PENSION BOARD
_____VETERANS PARK ADV. COMMITTEE
ANIMAL CONTROL BOARD
CITIZEN CODE ENFORCEMENT BOARD
~ CONSTRUCTION REGULATION BOARD
~ECONOMIC DEVELOPMENT BOARD
_____FIREFIGHTERS PENSION BOARD
DATE:
(2-10-03)
?-L/-o,/
t- Ii
l'f'_
, / l' /
/- ~,l
'\
THE CITY OF EDGE WATER
POST OFFICE BOX 1 OO-EDGEWATER, FLORIDA 32132-0100
APPLICATION FOR APPOINTMENT TO CITY
BOARDS OR COMMITTEES.
7)/f-jI/ CI2(~E'-L
It /)'!1He ~
HOME PHONE 5?t. ~ 1/21- I/.P~/.
OCCUPATION ~a:- ~~ ?e-t'#
Are you a resident of Edgewater )f~r
NAME
2lJJ3 JUl 22 Nt ~ 0,)
ADDRESS
How long
sPI, - If:1t. - 91f7f
D;s f - 2
/0 - /P(,
BUSINESS PHONE
Are you employed by the
At ,~e present time, do
~If so, list each:
Is your principal place of employment in Edgewater? y~>
if yes how long? IcJ - '?(,
Briefly state your interest in serving on a City board or
committee: J~ :J:~'T"'ef) Y; ?;-h!: h-rwlZtJ' "p- n4tv~.
.:::T L4/C1 IA '- 1) L , ~ ~ 70 !-fE1.-.p ~eY 7711rr ..::A- ~ tn~ $ fr ~ "'" ~ To wlo.-'
11". -r w 0 IA '- 1) A-- L ~ u 1.- ( Ie € fZ ffeLI' :r ., pp1,;,~l> ;J:N n tH7l ::l. I $-+ ~fU'"7.
State your experience/qualifications ::r!-f~. (?rnrN .JNPIL-I/Ci) 5H
{He ... CNr~'-nOIt/ - ilIA (L-- VliV &. .. ..::::hvQW~-r~ . r;12- $'1 Y~A-n~
Are you a registered voter? Yers
,
CitY?~DO you hold public office? ~~
you serve on any other Boards or committees?
Have you ever served on any boards, agencies,/:pr co~ttees? '1e-s- If so,
liAt each: t1.~r tk-~r !l."Irr21> W,4-c 7In- C!.J.,/dtf I~slol</
if (7./rTl. () - Ct '1'7 () P 6J> W l..I 6--JE: fl...
(BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS ~H YEAR)
PLEASE INDICATE BOARDS OR COMMITTEES YOU
WOULD LIKE TO Si:RVE ON AND RANK TImM ACCORDING TO CHOICE BY NUMBER
~ ANIMAL CONTROL BOARD
~CITIZEN CODE ENFORCEMENT BOARD
~CONSTRUCTION REGULATION BOARD
~ECONOMIC DEVELOPMENT BOARD
~FIREFIGHTERS PENSION BOARD
SIGNATURE ~h Y ~
SEE REVERSE SIDE FOR BOARD ~D COMMITTEES LISTINGS
~GENERAL EMPLOYEES PENSION BOARD
-LLIBI\ARY BOARD
~RECREATION & CULTURAL SERVICES
~PLANNING & ZONING BO~'
~POLICE PENSION BOARD
~VETERANS PARK ADV. COMMITTEE
DATE:
(2-10-03)
7-:l.I-03
THE CITY OF EDGE WATER
POST OFFICE BOX IOO-EDGEWATER, FLORIDA 32132-0100
Mayor DonaldA. Schmidt
District 1 Councilman lames P. Brown
District 2 Councilman Myron F. Hammond
District 3 Councilwoman Harriet E. Rhodes
District 4 Councilwoman ludith R. Lichter
City Manager Kenneth Hooper
City Attorney Scott Cookson
City Clerk Susan l. Wadsworth
July 23, 2003
Dan Grisell
1615 Pine Tree Drive
Edgewater, FI 32132
Dear Dan,
Thank you for submitting your recent application showing your interest to serve on our City
Boards or Committees. A copy of your application will be retained in the appropriate files and
as vacancies occur on a Board or Committee your application will be reviewed. The City
Council and/or Board/Committee members may contact you for an interview or with questions
pertaining to your application. The City Boards/Committee may make a recommendation to the
City Council but it is the duty of the City Council to make that Board or Committee
appointment.
You will be notified if you are selected to serve on a Committee or Board. Again, thank you for
your interest in helping to make our City a better place to live.
Please, if you should have any questions or concerns regarding serving on any of the City Boards
or Committees you can contact the City Clerk's office at 386-424-2407 and we will be happy to
help you.
Sincerely,
~
Susan J. Wadsworth,CMC
City Clerk
(B:adv boards acknowled)
104 NORTH RIVERSIDE DRIVE
FAX-(386)424-2409 SUNCOM 383-2407
CI1Y CLERK-(386)424-2407
05-11-04 P12:45 IN
THE CITY OF EDGE WATER
POST OFFICE BOX 1 OO-EDGEWATER, FLORIDA 32132-0100
APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
NAME {7A U I D (r'l/J (lie.. C fi 0 N A (2,.0
ADDRESS / d- ( VI-1 Lfr' IVC-( /J. J) IL . District
(Staff will supply district number)
HOME PHONE '-{OO[-- 0 t 39 BUSINESS PHONE Al4 -----'
OCCUPATION ef!-(I/l.. f!,.(j (;,{) (/ e ~~ (VI (i/f I! /if Pi-or/'I!
Are you a resident of Edgewater rf.s How long ;:;;. Vt/At!.f
Is your principal place of employment in Edgewater? Y'd5
if yes how long? ;J YtfAfl-f
Briefly state your interest in serving on a City board, agency or
committee: :C L aut: tibG6w.4-rtf;t {/ I Adll/ HA(,.f //-tf 7//H~
fd t-I e: c.JJ 7'11 f G rr7'G /It>w 13 Y CO IlJ / ~ I ,.v I (/7 ~ /l v V'-1
;n1/~11(/f.,4/tr!/)6f tlF:l1 Yt'.4,,(,./ of G~,;flf.",lJtf,l./-r c;x.lc'/l"1'IJ"c
State your experience/qualifications 'J / Vc/A-Ilf ({/t/ N-t'Y G{/t/tf;t-A/lM.tJI/~
G ydl1M G;"7Cf ZONING /Nf'fCG-r-,/l,) 7 'f&A~ tl-tJ,v.()&..rtltf;(.(/~
Are you a registered voter? ~CfJ
Are you employed by the City?~ Do' you hold public office? ~~~(~~
At the present time, do you serVe on any other Boarcts,Agencies, or
committees? JJ () If so, list each:
Have you ever served on any boards, agencie,s, or cOmmittees?_
If so, list each: fo Vtfl1-tf,d 0# p("IJ;Vf.;(~6 l}tI/9/1.1J
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS, AGENCIES OR COMMI!I.'TEES YOU
WOULD LIKE !l.'O SERVE ON AND RANK !l.'HEM ACCORDING !l.'O CHOICE BY NUMBER
_ANIMAL CONTROL BOARD
_GENERAL EMPLOYEES PENSION BOARD
_BEAUTIFICATION & TREE COMMITTEE
-:? CITIZEN CODE ENFORCEMENT BOARD
~CONSTRUCTION REGULATION BOARD
_____LIBRARy BOARD
~PARKS & RECREATION BOARD
~PLANNING & ZONING BOARD
_ECONOMIC DEVELOPMENT BOARD
_POLICE PENSION BOARD
FIREFIGHTERS PENSION BOARD _VETERANS PARK ADV. COMMITTEE
SIGNATURE j)~~ DATE:
** SEE REVERSE SIDE FOR LIS!I.'ING OF BOARDS, AGENCIES AND COMMI!I.'!l.'EES** (REV 10-30-97)
1- 5f,d
f.,j1- -" r/j . .jN~i
"'
')
05-11-04 P12:45 IN
THE CITY OF EDGEWATER
POST OFFICE BOX 1 OO-EDGEWATER, FLORIDA 32132-0100
APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
NAME 17 AJLlp
ADDRESS / a.. I
yYl /J (Ltc.. {, fi 0 N A (G, D
VA Lcf /VCt A D IL .
District
(Staff will supply district number)
HOME PHONE
BUSINESS
---.-'
Are you
u~~
Is your principal place of employment in Edgewater? lvJ
if yes how long? ;;J Y6/1/l-f
Briefly state your interest in serving on a City board, agency or
committee: .:c L {Jd{;..<.fi:tJ.(;tw.A~?f:;t .ltrW:.LJv tlA vf 7' #f {//H-~
-rd t-Il'!t,.~ -rtl(<;.~G1t()W'13Y'G l!(jt~ I ,vlv-(' ~/l~1M
hl '1/</1 <lwtffq~~r~;~~~'~k/ () r G.~~;?1Il,~~!c;:lc'li -it U~
State your experien~E)0"'~~M6~~~ons '3/ t(~'1;~f C~(hv~r G~vrfAv~~
G y'dAMDdq.;~tf~{~!:/Nrl'~~-::""1 '1 'f&~~ tf~.(>H..rlltfK.trr
Are you a registered voter? Cltf'f
Are you employed by the City?,vo Do' you hold public office? Il rftiLt!;
At the present time, do you serve on any other Boards, Agencies, or
committees? JJ () If so, list each:
Have you ever served on any boards, agencies, or committees?_
If so, list each: G r,f~M OP ?("A/V'~/p' tJ'AA.1J
(BOARD, AGENCY AND COMMITTEE ~Ml3!RSMAY BE REQUIRED TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOAlU>S, AGENCIES OR COM-aTTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_ANIMAL CONTROL BOARD
_____GENERAL EMPLOYEES PENSION BOARD
_____BEAUTIFICATION & TREE COMMITTEE
~ CITIZEN CODE ENFORCEMENT BOARD
~CONSTRUCTION REGULATION BOARD
_____LIBRARy BOARD
~PARKS & RECREATION BOARD
~PLANNING & ZONING BOARD
_____POLICE PENSION BOARD
_____ECONOMIC DEVELOPMENT BOARD
FIREFIGHTERS PENSION BOARD _____VETERANS PARK ADV. COMMITTEE
SIGNATURE j)~--i O-.A.aA-f DATE:
** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND CONMITTEES** (REV 10-30-97)
pj-" 51 j I , I
f",/1-" /y?1/oL~~
THE CITY OF EDGEWATER
POST OFFICE BOX 100 · EDGEWATER, FLORIDA 32132-0100
Mayor Donald A. Schmidt
District 1 Councilman James P. Brown
District 2 Councilman Dennis Vincenzi
District 3 Councilwoman Harriet E. Rhodes
District 4 Councilwoman Judith R. Lichter
City Manager Kenneth Hooper
City Attorney Scott Cookson
City Clerk Susan J. Wadsworth
June 8, 2004
David Mark Leonard
121 Valencia Dr.
Edgewater, FI 32132
Dear Mr. Leonard,
Thank you for submitting your recent application showing your interest to serve on our Boards.
A copy of your application will be placed in the board files. As vacancies occur on Boards your
application will be reviewed. The City Council and/or Board members may contact you for an
interview or with questions pertaining to your application. The Board will make
recommendations to the City Council but it is the duty of the City Council to make that Board
appointment.
You will be notified if you are selected to serve on the Board. Again, thank you for your interest
in helping to make our City a better place to live.
Please, if you should have any questions or concerns regarding serving on any of the City Boards
or Committees you can contact the City Clerk's office at 386-424-2407 and we will be happy to
help you.
Sincerely, .'
L~
Susan 1. Wadsworth,CMC
City Clerk
SJW
104 NORTH RlVERSlDE DRlVE
FAX-(386)424-2409 SUNCOM 383-2407
CITY CLERK-(386)424-2407
APPLICATION FOR APPOINTMENT TO cITfillZ AUG 19 Affi~$6)
BOARDS, AGENCIES OR COMMITTEES '
NAME P:; r"'c1vz(' t 'e,k A.. (M~ 'f ') (Y7 OtSo ~
ADDRESS ,1/00 I,~ ~-(..,.. ee~ ' ~~ l"'t'~~
HOME PHOm{ 38e:,) ~(~ 0- t:, ~<;;-s- BUSINESS PHONE
OCCUPATION C)Wt.\ (lducYF'c-td,oc.-<-<. tJc-J/lA-f'= ~
Are you a resident of Edgewater y!'" 5 How long ,/P. Y,ct::y,t$;'
Is your principal place of employment in Edgewater? ~~~
if yes how long? FRvr<;-
Briefly state your interest in serving on a City board," agency or
Dil'?
~c)ud'u(OJ}JoVt r/ b.,o(/-ek jJ VVtr? J1Y
Are you a registered voter? JI~S
Are you employed by the CitY?~DO you hold public office? ~
At the present time, do you serve on any other Boards, Agencies, or
committees? LJ~ If so, list each:
,
Have you ever served on any boards, agencies, or committees?~'
If so, list each:
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS, AGENCIES OR COMMcrTTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_____GENERAL EMPLOYEES PENSION BOARD
ANl1AL CONTROL BOARD
_____LIBRARy BOARD
___~ZEN CODE ENFORCEMENT BOARD
~COlJSTRUCTION REGULATION BOARD
_____RECREATION & CULTURAL SERVICES
~PLANNING & ZONING BOARD
_____POLICE PENSION BOARD
_ECC'WMIC DEVELOPMENT BOARD
FIREFIGHTERS PENSION BOARD
SIGNATJRE ~ p( ~~
** SEE IptfRSE SIDE FOR LISTING OF B01\RDS,
_____VETERANS PARK ADV. COMMITTEE
DATE: 53 -(0 .a"2-....
AGENCIES AND COMMITTEES.. (REV 1-02)
,.
- - . .......
APPLICATION FOR APPOINTMENT TO cITfIDZ AUG 19
BOARDS, AGENCIES OR COMMITTEES
NAME P; t<=>d'e('t'(!j( A.. (Mi:1'( ') (Y7OtSOtA.
ADDRESS //00 /~~ ~-.{..,. ee~ I ~r:ts ~t'~~
HOME PHOm{ 3S(p) <.(~ C::.- fn3.s-s- BUSINESS PHONE
OCCUPATION DU,?", (1dU5Ifc..(.dPcw- (OovtA--f'a ~
Are you a resident of Edgewater y l""' S How long ,/P.. V~~
/
Is your principal place of employment in Edgewater? ~~~
if yes how long? /Rvrs
Briefly state your interest in serving on a City board," agency or
. .
AH " 561
, ..
, ~ - .~
comml ttee: /// ~ <;;4 re-
~t, Of 'I
'f-~e (QI'OcV~
/
D(~
~cJud'u(OJi;oVt t;/ b'(&1(/.ek:p vvt~ nY
Are you a registered voter? Y;e:' S
Are you employed by the CitY?~DO you hold public office? ~
At the present time, do you serve on any other Boards, Agencies, or
committees? ~~ If so, list each:
,
Have you ever served on any boards, agencies, or committees?~ .
If so, list each:
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_____GENERAL EMPLOYEES PENSION BOARD
AN] 1AL CONTROL BOARD
_____LIBRARy BOARD
_ECCWMIC DEVELOPMENT BOARD
_____RECREATION & CULTURAL SERVICES
~PLANNING & ZONING BOARD
_____POLICE PENSION BOARD
___~ZEN CODE ENFORCEMENT BOARD
~COPSTRUCTION REGULATION BOARD
FIPEFIGHTERS PENSION BOARD
SIGNATJEE "# ~ 4~
** SEE lp"fRSE SIDE FOR LISTING OF BOARDS,
_____VETERANS PARK ADV. COMMITTEE
DATE: 53 -/G 'a 7-..
AGENCIES AND COMMITTEES** (REV 1-02)
~. ..;.
THE CITY OF EDGEWATER
POST OFFICE BOX 100-EDGEWATER, FLORlDft: 1;!JI 32-01 00
1lID JUli 30 \"1'1
APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
NAME LfAf<Y W, RoBE. R'TS
ADDRESS~ I I PtNE:.. -n:::.E.E Pe.l\/E-
HOME PHONE 4-~ 8 -75.3? BUSINESS PHONE
OCCUPATION t3u I LP ING. J?E:S 14 N. E...f::-
Are you a resident of Edgewater YP'5 How long 17 Y/!!AeS
Is your principal place of employment in Edgewater? ~~~
if yes how long? J? y~~~
Briefly state your interest in serving on a City board, agency or
committee: To Hli!..l.."p e..~"""A'~L.t~H P~p~ L Y
CotJ-r'rz.&>LLE:.oAt--lo &uALI-Typg;V ~~FtJ\ ~A1 r
~ -rn e. .. .c:..l'"TV ...... D F IZ..~ E:JA(A1""'fLe.
State your experience/quali.fications
-* -:::rr;:..~ A ""'rT A ~ ftD .:5 ~ ~e... r
Are you a registered vote1;'~ ~~
Are you employed by the City?~bo you hold public office? JJc">
At the present time, do you serve on any other Boards, Agencies, or
committees? If so, list each:
Have you ever servedQJ:l.~n.Y']:)oards, agencies, or committees?~
If so, list each: .
* 5E IE.. A.,....r-~ H ~? ::S H 1!:~.:r
,,","
(BOARD, .AqENCY AND COMMITTEE~R.S<~BE REQUIRED TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLl!:ASJ: nmI~ BOAlU)S, AGl!:NCD!:S OR CCHa!rDES YOU
WOOL!) r.na: !rO SERVl!: ON JUlD RAHlt !rHEN ACCOIU)J:NG !rO CHOICE BY NOMBBR
_ANIMAL CONTROL BOARD
_GENERAL EMPLOYEES PENSION BOARD
_LIBRARY BOARD
_RECREATION & CULTURAL SERVICES
~PLANNING & ZONING BOARD
_POLICE PENSION BOARD
_VETERANS PARK ADV. CO~ITTEE
_CITIZEN CODE ENFORCEMENT BOARD
_____CONSTRUCTION REGULATION BOARD
_ECONOMIC DEVELOPMENT BOARD ,.
SIGNATURE
** SEE REVERSE S E
DATE: ~ - ~ - Z<:::c:o
BOARDS, AGENCD!:S JUlD CCHa!rDES** (REV 1-11-00)
),II.d:.-_~~.\
\1...- 0 >
<6'
04-05-02All :48 RC~D It
S"tlll i/"\.~J~
"
~~Y w, 1<oBer2.r~
, ~~:::s I D~t--..I:C'Al-: "1?e5~"!e.g
24 J I PI....e. ~r=:E. DelVe:-..
Ep::::,e:.~Te.fZ.) Fl..-~\DA
f
-42~ · 7ESs;.
"Rf!~ ~N'~ ~ Zc>N'~4 e..o,A.RD
d~.LJ..2:..L I FI CATIC>N5 tf. fEX.p'E.f2.. t E ~ e:.
· :5~t-F.EMP~ygO BUIL-.DJ~ D.E:SJC:::;J..JE.~
· B~ 'J-OIN~ r;>f.:SICr/'.Jl!fZ.? pSZ-DJc::cr MA~Ef2- C 2. YEA~)
w/ ~Bc::r~,.- 4. }-\6~gp A,e~ I -n::.c::::::r I t-.k:: .. eN. I F L ..
· :STATE' CEg.,TI FicO eu/ LDIN~ .c::..ot-JT~TO~
COMH~~IAL ~ ~E:::;IOe:..NT"IAL Dr::Vl'!.l-PPIvt~~T
~ V 0 LLJ5/A CL>U~TY H ol--'I fE.. . Bu I L-D.E:.f2..? A:S ':SoCIA TlON
BO~D OF DI~tS::::..TOR..S Ofb- C)q
· c n-y .co u 1'-.Ie. I L- ~At-JI C-ITY OF E.~ E:.-"'-lA -re. ~ G:t7- '9'9
" l'<"\ Et4BER or==- FI" .oNO t--1lC- OE:.VE.LDP I"1E t-JT Bo,A.R,p
C-~TY OF t=.C74.E:.YJATE.r::=. '9tJ, -'97
.. 13oAtz-O JV1 ~t<\ e:-.e:.e) "-l - 5.. f3.. AN t-.4 tJAL ~ ~g 1TY e>.:A...L-L
Fut--J,D J<AIS IN~ C'O,....1tvllTTE..~ (c:..UJZ..~E..NT)
e P.A-J2,.TJc..JPANT J~ L..o<::::AL F'UND ~I~~~ Foe
AM E:.12J c:...AN ~ANc:.. e~ ":Soc, E:. TY
. VOLUNTE.-E12- J-tDME PE!...s I~ N.EJ2 rDg, '5DUrHtA~T VOLU ~IA
~e-ITA.T Fog.. HUI-\A~ ITY
lliI ~T4 E..A..~ r Va u..J ~ IA Ct-.!AH ~tiJZ. a F GDM tvt E-l2..:::::.e
Fc:e~NAL- t?ATA.::.
t=:~e.VJATe:.~ g.~IDe.~,- SI~ 1~g3
~1e:.t?.1 :3 .c:.. HI t...O ~ t;i: N) 2. ~ f2'AN Oc::::..H , LO ~ r::.N
~ e:. """''5 .
-5Hot?A,N IN ~t.HNe:.~f!. K1!.t-JP'O" VOL-ul\Jn::..s:~ IN~TF:.UGTOR
OY' ...
'~j
THE CITY OF EDGEWATER
POST OFFICE BOX lOO-EDGEWATER, FLORIpfl.:W32-0100
1ffC\. \'iN 30 \"1'\
\.Ill "lh
APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
NAME~Y ~E.R'I ==>
ADDRESS
HOME PHONE-6~8 -753? BUSINESS PHONE
OCCUPATION ~U I L(/ 1J\Jc.. Pe:.~ 14 N E.i?-
Are you a resident of Edgewater '(P'5 How long
Briefly state your interest
I '7 YI!tA~s
y~s
if yes how long? J'7 yl!:A~5
in serving on a City board, agency or
Is your principal place of employment in Edgewater?
committee: ~~lJ? 1!.~'-Af5U~~~f'~Vf
~tJ-r"rl ;? I J fE.D l~~D ....~ tJAL....,-y .... k' F1i.V ~~f"~ ,;: J>J r
,
~ -nlJC.> c...4"'('/P F" iZ..D--; E:~~~
State your experience/qualifications
* -:S'~e.. A n- A ("':HJ!D -5 J-! f?,t!.. r
Are you a registered voter~~~
Are you emploYed by the City?lk2....Do you hold puJ::>.+:ic office?~
At the present time, do you serVe on any other Boards, Agencies, or
committees? If so, list each:
Have you ever servedi<::>n.iia.n.Yiboards, agenci~.p., or committees?YIf:-;'
If so, list each:
*
~~~
A1""~H~? ~He:~~r
.
,,'It-
(BOARD, AGENCY AND COMMITTE2~~b4AJ'/B2 REQUIRED TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASZ DmI~ BOARDS, AGENCD:S OR CCHa~~s YOU
WOULD LIlOl: !rO SJ:RVJI: ON AND RAN1t ~BEN ACCORDING ~O CHOIa BY NOMBBR
_ANIMAL CONTROL BOARD
_CITIZEN CODE ENFORCEMENT BOARD
_CONSTRUCTION REGULATION BOARD
_ECONOMIC DEVELOPMENT BOARD ,.
_GENERAL EMPLOYEES PENSION BOARD
_LIBRARY BOARD
_RECREATION & CULTURAL SERVICES
~PLANNING & ZONING BOARD
_POLICE PENSION BOARD
_VETERANS PARK lIDV. COJo~~ITTEE
DATE: c;,-.30 - ~
BOARDS, AGENCIES AND CCHa~S** (DV 1-11-00)
\.d 3 - 4fJJ~-J'
),/ J~~
f---{1- _0
04-05-02All :48 RCYD A
Si-ill il'\.~s~
--
,
03-2o-o6Arg:35 FilE
APPLICATION FOR APPOINTMENT TO
CITY BOARDS AND COMMITTEES
Name~ / ~ So f<t:o
Address l q"/ 6 '5~ i fOr p y;e dSe L.)c.-\-(?,r
Home PhoneS Err:; "-41 &- - /4 ,;( Business Phone
Occupation \") V (? ,?~,("jl) I +e~ Q~,
" ,.- "?
f-I c~1{ ,,:>:2. 14' I
/
Are you a registered voter? 'f <? 5
Are you a resident of Edgewater? y c:' .5
Is your principal place of employment in Edgewater?
If yes how long?
::2. \/ (5
I
Briefly state your interest in serving on a City board or committee:
.-10 ~ c I I] LJ I fA. +J..E? CI jA. { (f-1..4 I I/o 11~. (~-J / P M
--+ r I ,
State your experience/qualifications -r {;'\.... n Cl /7 (J -/0 ( ,I h-C! /' it.. h c!.
{ e -e ( :+' \/1 6. \) € c., i:5 I Vi e. c- r: r (? y'e y1 ('" P \^J j -I t--.
V\", V~;' (v\.4.. IS
Are you employed by the City? V\D Do you hold public office?
At the present time, do you serve on any other Boards or committees? ft V
If so, list each:
Have you ever served on any boards or committees? t'\ 0
If so, list each:
(BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON
AND RANK THEM ACCORDING TO CHOICE BY NUMBER
4J. ANIMAL CONTROL BOARD ~GENERAL EMPLOYEES PENSION BOARD
l.CITIZEN CODE ENFORCEMENT BOARD 2- LIBRARY BOARD
3CONSTRUCTION REGULATION BOARD ~RECREATION & CULTURAL SERVICES
It-ECONOMIC DEVELOPMENT BOARD
SFIREFIGHTERS PENSION BOARD 10 POLICE PENSION BOARD
1L- VETERANS PARK ADY. COMMITTEE
~ ,tH ~ ..',.. ",<1 ~"H"'<~ ~~~;~,:~ .
~, " \
SignaturcXJel~ Sgi:;
(REVISED (2-10-04) 1P-
Date S-17- 6 {;
THE CITY OF EDGEWATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
2J:D !lPR -4
APPLICATION FOR APPOINTMENT TO CITY
'7\ BOARDs, AGENCIES OR COMMITTEES
VA-Va) /I ~A€'
~to2J lJlLLoW WI( Oti.
HOME PHONE ~2J- 08'72
An 8: 27
NAME
ADDRESS
BUSINESS PHONE
.2~s: JRSS
Is your principal place of employment in Edgewater? AI~
if yes how long?
Briefly state your interest in serving on a City board, agency or
How long
f/I" !
I
I a.. :.Jbl;,rftJ fn ,J an, p,,< "'+, . r c .,~
I~ ()'l ~lPutf- ~ I'r,cr(f./~ Ovr C/~f!
,
~dl fy" qt(rf/,(I/Cflly, ~1I01ll/C91/y T" Uac/ql'1
State your experience/~alifications
&~f.",r(",~ Ii!JJ,' krr
committee:
/ RlK), cIo 1</
, '{
Are you a registered voter? YFS
Are you employed by the CitY?~Do you hold pUblic office? No
At the present time, do you serve..on any other Boards, Agencies, or
committees? No If so, list each:
Have yOU eVer served on any boards, agencies, or committees?_
If so, list each:
(1".,-
~
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEAsE INDICA1'J!: BOARDS, AGENCIES OR COMMITTEES YOU
WOOLo LIKIl: TO SERVE ON AND RANK THEM ACCOlU>ING TO CHOICE BY NOMBJCR
_ANIMAL CONTROL BOARD
_____CITIZEN CODE ENFORCEMENT BOARD
_____CONSTRUCTION REGULATION BOARD
_____GENERAL EMPLOYEES PENSION BOARD
_____LIBRARY BOARD
~RECREATION & CULTURAL SERVICES
~ING & ZONING BOARD
_____ECONOMIC DEVELOPMENT BOARD _____POLICE PENSION BOARD
--LFIREFIG.'~'ON _";!JJID --1 _VB,",,,,,," 'ARK ADV. ~o""'''.,
SIGNATURE ~;U4"-JLL/~. DATE; ~v- CD
** SEl!: REVERsE SIDE FOR LISTING OF BOARDs, AGENCIES AND COMMITTEES** (REV 1-11-00)
J2,II' :1<," ~ ";;'....,, ..
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6- L.:
04-05-02All:47 RCVD
I Q-f+. fY'--t S S ~
APPLICATION FOR APPOINTMENT TO CI TY
~ BOARDS, AGENCIES OR COMMITTEES
LJ ,4Vlll II ~AI~
2to2J I-!;U()W ~I( tJIi.
HOME PHONE '/23 - 087'2
THE CITY OF EDGEWATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
.r.fn [) 'tli 8: 2 7
NAME
ADDRESS
Are you
BUSINESS PHONE
2c;s: Jcf~
l J
How long
VI'"I
I
Is your principal place of employment in Edgewater? AI~
if yes how long?
Briefly state your interest in serving on a City board, agency or
coromi ttee : J aNI {~fttYftl_ in .r ((o'lJ 1l.v &''7 0 r E 1dJ~ff/
J~ Q'I ~lPutj-- '" l~cr(fJ{, Ov;- C!./..Jp'f
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I.cJ tI/ 0-/, q~rJfj,f / MIy, !to. QlIII 'ct 111 T' .. c,;' 1/1
State your experience/qualifications
f!o/~( "'fit- I~ b?1J: /l<f, / ~.411
Are you a registered voter? YFJ
Are you employed by the CitY?~Do you hold public office? No
At the present time, do you serve on any other Boards, AgenCies, or
committees? No If so, list each:
Have you ever served on any boards, agencies, or committees?
If so, list each:
('I'."
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEAsE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU
WOULD LIKE !t'O SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
ANIMAL CONTROL BOARD
-
_____GENERAL EMPLOYEES PENSION BOARD
_____CITIZEN CODE ENFORCEMENT BOARD
_CONSTRUCTION REGULATION BOARD
_____LIBRARy BOARD
~RECREATION & CULTURAL SERVICES
_~ING & ZONING BOARD
_____ECONOMIC DEVELOPMENT BOARD _____POLICE PENSION BOARD
---/..-F"REFrGHTE?"ON ,BOARD - ~, ~VETERANs PARK ADV-~O:UTTEE
SIGNATURE ~p? X!'''JLL<~~ DATE: "'-.__ (Z
U SEE REVERsE SIDE FOR LISTING OF BOARDs, AGENCIES AND COMMITTEESu (REV 1-11-00)
'\ 'i - r, '5 - 0 ? /\11 : i; '7 i< C V ~
v i ,;'-f+- (~ s So of;
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.".~' .;.
07-18-05P02:50 RCVD
THE CITY OF EDGEWATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
NAME MI e,h jj e I
ADDRESS 3 J C,
APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
Vi .s C l? NT I
PI/V & !3 R 1c-f3 k e.
42-7 5/ 7 8
R F--Ti ~ I=- f>
() 'R.
HOME PHONE
BUSINESS PHONE
OCCUPATION
Are you a resident of Edgewater '/ E..s
How long
/3 V1f4~ S,
,
Is your principal place of employment in Edgewater?
if yes how long?
Briefly state your interest in serving on a City board, agency or
committee: W 0 oL~,<<Ltkl~ \gqS'eiE< Ou ~ C 1/1
6- ~ 0 LV -/3v7;,7'tv$ r 'Bz;;#.,j?t-If!,;';';ji; P 6- /<it. 0 cu (/)
S~::LpC-:;'~~<>fii~; L" "D S J'I>i~;"",PI-/4"'S
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Are you a r~cjistered V:8f:i:rit'?
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'-. :.-.....,.",-.-.-...,-...,.-..-..
"C'--.':-..", .":.-,' ,.
Do you,' hold public (;>f'fi$~;~ .'
Are y.6u employed by th~City?;..."Wft
. '\~:;n.,~.
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At. the.pre..s....,~.rt.t..'. '" t ...i.m. ...e..-A. .... ...d. Q..............y.p...'..u...'....,..s.e. ..1;.V. ...~...,....6.'.....n............ .....<I,.n..... y. ....,0... t....h.....e...,Jj......,...B......o.'.a.:r.. 0.58.,.,. ..Agf:lncies, or
committees?,V'P'~,..;".<<.i].f.sciili5teaoh:. '.' I:ftJl- TiP I e",,/o ff.-'
U AJ t> IZ ~ ..'J;,Fi-SiL.jl~~ ..<J;,;;j~l?.l(ij~ ..... ,
Have you, e;v..er serv..e....d.. ....?n........an.".y.boards/agencies...l or comm.,..itt,e....es?_
If so, hst each: '.' ':1''F.;f3..7 .s //Ve..,g. .... / 'L.91- ,.,C Ili4-t~('i-C>
Th fZ- 13/i,4 7;.j!'-I;(?.'~1;.f~ ,,1& !3 b ~ ~"&...... . ." 'R p 9 p o/ls J B.,'t. /Z. / ,y
" " .,,-,--. ,'" '. .
BEAUT,?,,.;&- 6..>1 .l:1!t.t:>1~}. - ,4wl> Dtht'es
(BOARD, AGENCX AND COMMITTEE MEMBERS MAY BER'EQVIR.ED TO FILE
THE STATE, FINANCIAL riIS~LOSURE FORMS E1\ClIYEAR)
WITH
_ANIMAL CONTROL BOARD
_____GENERAL EMPLOYEES PENSION BOARD
~LAND DEVELOPMENT & REG, AGENCY
_____BEAUTIFICATION & TREE COMMITTEE
_____CITIZEN CODE ENFORCEMENT BOARD
_____LIBRARy BOARD
_____CONSTRUCTION REGULATION BOARD
_PARKS & RECREATION BOARD
_____ECONOMIC DEVELOPMENT BOARD
_____POLICE PENSION BOARD
_____FIREFIGHTERS PENSION BOARD
SIGNATURE~ ~.
_____VETERANS PARK ADV. COMMITTEE
.. SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES..
DATE: '7 //7/ ~
/ /
THE CITY OF EDGE WATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
APPLICATION. FOR APPOINTMENT 'TO CITY
BOARDS OR COMMITTEES,
NAME ~&9.~.R/ #.bYvr.l8"'o/ ,KPCffaJ.-97R;€
ADDRESS 7t7c:P. 'E.,,4/-pg~~/,'. ",t/;l..N:Z g~/~ /
HOME PHoNa.3A2tG- -f-..:?~~$'"~~ BUSINESS PHONE -/~E7/,eCZJ~
OCCUPATrON~~~ .&r~/7;Y ~,p-/..e~
Are you a reside t of Edgewater Y ~g How long // y ~ S
/
Is your principal place of employment in Edgewater? ~
if yes how long? ~
Briefly state your int€rest in serving on a City board or
Are you a registered voter? )/ Fg
Are you employed by the CitY?~Do you hold public office? yo
At the present time, do you serve on any other Boards or coinmittees?
--- If so, list each: ----
---.
Have you ever served on
list each: C
or committees?..Y'.L;:g If so,
/9.-{.j'ZJ
"/L
(BOARD COMMITTEE MEMBERS MAY BE REQU RED
FINANCIAL DISCLOSURE FORMSnCH n:AR)
PLEASE INDICATE BOAIU>S O~ COMMITTEES YOU
WOULD LIKE TO SE1WE ON AND' RANK THEM ACCORPING TO CHOICE BY NUMBER
~T~
WITH THE STATE,
_____GENERAL EMPLOYEES PENSION. BOARD
0") )!....c;s ANIMAL . CONTROL BOARD
~CITIZEN CODE ENFORCEMENT BOARD
_____CONSTRUCTION REGULATION BOARD
_____ECONOMIC DEVELOPMENT BOARD
_____LIBRARy BOARD
_____RECREATION & CULTURAL SERVICES
'~~~"5"~~.]i~OARD
_____POLICE PENSION BOARD
COMMITTEE
DATE:
(2-10-03)
'7 t?J c-
../
12-Q5-05P12:59 FILE
AGENDA REQUEST
August 7, 2006
PUBLIC
HEARING RESOLUTIONS
ORDINANCE
BOARD
APPOINTMENT_X CONSENT
ITEM DESCRIPTION:
Appointment of member to General Employees Pension Board.
OTHER
BUSINESS
BACKGROUND:
This board appointment is the City Manager's appointed general employee. The Interim City
Manager has selected Brett Tanner to complete the three-year term of office previously held by
Jon Williams.
STAFF RECOMMENDATION:
Staff recommends the City Council approve the Interim City Manager's appointment to the board.
ACTION REQUESTED:
Motion to approve the Interim City Manager's appointment of Brett Tanner to the General
Employee's Pension Board to complete the three (3) year term of office vacated by Jon Williams
(until October 2007).
FINANCIAL IMP ACT (FINANCE DIRECTOR) NI A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) NO
PREVIOUS AGENDA ITEM:
YES
NO X
DATE: flLJ ~5 jC{;J&
t/" /
Respectfully submitted,
1~u~L _~'lL1-)
Deborah Sigler, ,/
Personnel Director
AGENDA ITEM NO.
AGENDA REQUEST
Date: Julv 24, 2006
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS August 7, 2006
ITEM DESCRIPTION:
Acceptance of a Federal Hazard Mitigation Grant Project 1545-38-R to install Fabric Shield
storm panels to critical city facilities.
BACKGROUND:
The City has recently been awarded a matching federal grant that will allow for the installation of
Fabric Shield storm panels to City Hall, Police Department, Public Works Building, Fire Station
55 & 57, and the Fire Administrative Office.
The project cost is $34,244 with a federal funding commitment to the project of$26,710 and the
City match of $8,561.
ST AFF RECOMMENDATION:
Staff recommends that the City Council authorize the Mayor to execute contract to accept the
Federal Hazard Mitigation Grant Project 1545-38-R to install Fabric Shield storm panels to
critical city facilities.
ACTION REQUESTED:
Motion to authorize the Mayor to execute contract for Federal Hazard Mitigation Grant Project
1545-38-R to install Fabric Shield storm panels to critical city facilities.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) None
PREVIOUS AGENDA ITEM:
DATE:
YES NO
AGENDA ITEM NO.
x
~~~AN~J<\
Robin L. Matusick, Paralegal l
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JEB BUSH
Governor
THADDEUS L. COHEN, AlA
Secretary
June 9, 2006
Mr. Tracey Barlow, Fire Chief
City of Edgewater
1605 South Ridgewood Avenue
Edgewater, Florida 32132
Re: FEMA Project Number 1539-38-R
City of Edgewater, Volusia County, Emergency Agricultural Civic Center
Wind Retrofit
Dear Mr. Barlow:
The Department of Community Affairs (DCA) is pleased to inform you that the Federal
Emergency Management Agency has approved the obligation of Hazard Mitigation Grant
Program funds for the project number(s) listed above. Please note that this is an eligible cost-
reimbursement contract, and as such, the recipient must make other funding arrangements to
complete this project. However, the recipient may submit periodic requests for payment
throughout the project process, consistent with the terms of the contract.
Enclosed are four copies of the proposed contract between the City of Edgewater and
DCA. The official representative, as listed below, will need to sign both the signature page
(Page 18) and the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion form (Page 37). All four (4) copies of the contract should then be sent to the address
listed below for full execution no later than ninety (90) days after receipt of this letter for final
execution. One fully executed contract will be returned to the City of Edgewater for its files.
Official Representatives:
County:
City:
Indian Tribe:
Water Management District:
Non-Profit:
Chairman of the Board of Commissioners
Mayor
Chief or President
Chairman
Chairman of the Board
2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncorn 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet address: http://www.dca.state fl.us
CRITICAL STATE CONCERN FIELD OFFICE
2796 Overseas Highway, Suite 212
Marathon. FL 33050-2227
(305) 289-2402
COMMUNITY PLANNING
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
(850) 488-2356
EMERGENCY MANAGEMENT
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
(850) 413-9969
HOUSING & COMMUNITY DEVELOPMENT
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
(850) 488-7956
Mr. Tracey Barlow
June 9, 2006
Page Two
If there is an official that is not listed above who is authorized to sign the contracts for
your organization, please provide a copy ofthe organization's resolution or charter that
specifically identifies the person or position that is authorized to sign.
If you have questions regarding this contract or who is authorized to sign it, please call
Andre' Thomas at 407-856-3036 or Norman Wilson at 407-858-5084.
Re sp ec\fullY, \' \. ....1
() ~. ~ .\
V~--tOv1
r Eve Rainey, Chief
Bureau of Compliance and Planning Support
ER: at/nw/f
Enclosures
Attachment A
Budget and Scope of Work
As a Hazard Mitigation Grant Program project, the Recipient, the City of Edgewater, will wind retrofit the
buildings listed below by purchasing and installing fabric shield storm panels and hurricane rated material
as follows:
1 . City of Edgewater City Hall located at 104 Riverside Drive, Edgewater, Florida 32132, 1,747.7
square feet of fabric shield and hurricane rated material.
2. City of Edgewater Police Department located at 135 East Park Avenue, Edgewater, Florida
32132,416.6 square feet of fabric shield and hurricane rated material.
3. City of Edgewater Public Works Building located at 409 Mango Tree Drive, Edgewater, Florida
32132,226 square feet of fabric shield and hurricane rated material.
4. City of Edgewater Fire Station #55 located at 1605 South Ridgewood Avenue, Edgewater, Florida
32132, 174.1 square feet of fabric shield and hurricane rated material.
5. City of Edgewater Fire Station #57 located at 2628 Hibiscuss Drive, Edgewater, Florida 32141,
147.6 square feet of fabric shield and hurricane rated material.
6. City of Edgewater Fire Administration Building located at 1605 South Ridgewood, Edgewater,
Florida 32132, 80.1 square feet of fabric shield and hurricane rated material.
If deemed necessary, wind protection will be provided on any other openings such as skylights, vents,
louvers and exhaust fans. All installations will be done in strict compliance with the Florida Building Code
or Miami-Dade Specifications. All materials will be certified to meet the wind and impact standards of the
current local codes. The local municipal or county building department will inspect and certify installation
according to the manufacture specification.
This is FEMA project 1539-38-R, funded under 1539-DR-FL.
The Period of Performance for this project ends on December 31,2007.
Schedule of Work
State Contracting:
Negotiate with State:
Obtain Permits to Alter Building Structure:
Installation of Fabric Shield Hurricane Shutters:
State Inspection:
State Closeouts:
Potential Disaster Delavs:
Total Period of Performance:
6 Months
3 Months
2 Months
2 Months
3 . Months
3 Months
3 Months
22 Months
Line Item Budaet*
Project Cost
$19,224.00
$ 4,582.00
$ 5,983.00
$ 1,951.00
$ 1,623.00
$ 881.00
$34,244.00
$ 0.00
$34,244.00
City Hall:
Police Department:
Public Works Building:
Fire Station #55:
Fire Station #57:
Fire Administration Building:
Sub-total:
Administrative Cost:
Total:
20
Federal Share
$14,418.00
$ 3,437.00
$ 4,487.00
$ 1,463.00
$ 1,217.00
$ 661.00
$25,683.00
$ 1.027.00
$26,710.00
Local Share
$4,806.00
$1,145.00
$1,496.00
$ 488.00
$ 406.00
$ 220.00
$8,561.00
$ 0.00
$8,561.00
* Any line item amount in this Budget may be increased or decreased 10% or less without an amendment
to this Agreement being required, so long as the overall amount of the funds obligated under this
Agreement is not increased.
Fundina Summary
Federal Share:
Local Share:
Total Project Cost:
$25,683.00 (75%)
$ 8.561.00 (25%)
$34,244.00 (100%)
Recipient Administrative Allowance up to $1,027.00.
The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the
vulnerability of the building to property losses and are specifically not intended to provide for the safety of
inhabitants before, during or after a natural or man made disaster.
The funding provided by the Department of Community Affairs under this subgrant is only intended to pay
for the materials and labor for the installation of storm shutters and/or other hardening activities as a
retrofit measure for the Recipient's building to reduce and/or mitigate the damage that might otherwise
occur from severe weather or other hazards. The funding of this project by the Department in no way
confers or implies any warranty of use or suitability for the modifications made or installed. The State of
Florida disclaims all warranties with regard to this mitigation project, express or implied, including but not
limited to, any implied warranties and/or conditions of satisfactory quality and fitness for a particular
purpose, merchantability, or merchantable quality.
This project has not been evaluated as meeting the standards of the Department of Homeland Security,
Federal Emergency Management Agency (FEMA) as outlined in the guidance manual, FEMA 361-Design
and Construction for Community Shelter. It is understood and agreed by the Department and the
Recipient that the building has vulnerabilities due to age, design and location which may result in damage
to the building even after the installation of the mitigation measures funded under this Subgrant
Agreement. It is further understood and agreed by the Department and the Recipient that this mitigation
project is not intended to make the building useable as a shelter for the Recipient's staff or any other
citizens in the event of any natural or man-made disaster.
21
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JEB BUSH
Governor
THADDEUS L. COHEN, AlA
Secretary
June 9, 2006
Mr. Tracey Barlow, Fire Chief
City of Edgewater
1605 South Ridgewood Avenue
Edgewater, Florida 32132
Re: FEMA Project Number 1539-38-R
City of Edgewater, Volusia County, Emergency Agricultural Civic Center
Wind Retrofit
Dear Mr. Barlow:
The Department of Community Affairs (DCA) is pleased to inform you that the Federal
Emergency Management Agency has approved the obligation of Hazard Mitigation Grant
Program funds for the project number(s) listed above. Please note that this is an eligible cost-
reimbursement contract, and as such, the recipient must make other funding arrangements to
complete this project. However, the recipient may submit periodic requests for payment
throughout the project process, consistent with the terms of the contract.
Enclosed are four copies of the proposed contract between the City of Edgewater and
DCA. The official representative, as listed below, will need to sign both the signature page
(Page 18) and the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion form (Page 37). All four (4) copies of the contract should then be sent to the address
listed below for full execution no later than ninety (90) days after receipt of this letter for final
execution. One fully executed contract will be returned to the City of Edgewater for its files.
Official Representatives:
County:
City:
Indian Tribe:
Water Management District:
Non-Profit:
Chairman of the Board of Commissioners
Mayor
Chief or President
Chairman
Chairman of the Board
2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet address: htto:/Iwww.dca.state.fl.us
CRITICAL STATE CONCERN FIELD OFFICE
2796 Overseas Highway, Suite 212
Marathon, FL 33050-2227
(305) 289-2402
COMMUNITY PLANNING
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
(850) 488-2356
EMERGENCY MANAGEMENT
2555 Shumard Oak Boulevard
Tallahassee. FL 32399-2100
(850) 413-9969
HOUSING & COMMUNITY DEVELOPMENT
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
(850) 488-7956
Mr. Tracey Barlow
June 9, 2006
Page Two
If there is an official that is not listed above who is authorized to sign the contracts for
your organization, please provide a copy of the organization's resolution or charter that
specifically identifies the person or position that is authorized to sign.
If you have questions regarding this contract or who is authorized to sign it, please call
Andre' Thomas at 407-856-3036 or Norman Wilson at 407-858-5084.
~""es"pectf,UllY' \ \' "I
;, \, I
, .~ .-\- -0 \J1
t"'1 Eve Rainey, Chief
, Bureau of Compliance and Planning Support
ER: at/nw/f
Enclosures
Contract Number: 06HM-7@-06-74-02-035
CFDA Number: 97.039
FEDERALLY FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and the City of Edgewater, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING REPRESENTATIONS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified herein; and
B. WHEREAS, the Department has received these grant funds from the State of Florida, and has
the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth;
and
C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds
under this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A of this Agreement.
(2) INCORPORATION OF lAWS. RULES. REGULATIONS AND POLICIES
Both the Recipient and the Department shall be governed by applicable State and
Federal laws, rules and regulations, including but not limited to those identified in Attachment B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties and shall end December 31,
2007, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes
which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
(5) RECORD KEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-8?, "Cost
Principles for State and Local Governments," OMB Circular No. A-21 , "Cost Principles for Educational
Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement
is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds
provided under this Agreement, for a period of five years from the date the audit report is issued, and
shall allow the Department or its designee, Chief Financial Officer, or Auditor General access to such
records upon request. The Recipient shall ensure that audit working papers are made available to the
Department or its designee, Chief Financial Officer, or Auditor General upon request for a period of five
years from the date the audit report is issued, unless extended in writing by the Department, with the
following exceptions:
1. If any litigation, claim or audit is started before the expiration of the five year
period and extends beyond the five year period, the records will be maintained until all litigation, claims or
audit findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at
$5,000 or more at the time of acquisition shall be retained for five years after final disposition.
3. Records relating to real property acquisition shall be retained for five years
after closing of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including supporting documentation of
all program costs, in a form sufficient to determine compliance with the requirements and objectives of the
Budget and Scope of Work - Attachment A - and all other applicable laws and regulations.
2
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Department, its employees, and agents. "Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local
time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Department.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined
in OMS Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in
Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in
accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement
indicates Federal resources awarded through the Department by this Agreement. In determining the
Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards,
including Federal resources received from the Department. The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by OMS Circular A-133, as
revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of
OMS Circular A-133, as revised, will meet the requirements of this paragraph.
3
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular
A-133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to
have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of
the audit must be paid from non-Federal resources (Le., the cost of such audit must be paid from
Recipient resources obtained from other than Federal entities).
(e) Copies of reporting packages for audits conducted in accordance with OMB Circular
A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section
.320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directlv to each of the following:
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Department of Community Affairs
Bureau of Recovery and Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
4
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall
submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised,
and any management letter issued by the auditor, to the Department at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Department of Community Affairs
Bureau of Recovery and Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) Any reports, management letter, or other information required to be submitted to the
Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133,
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable.
(h) Recipients, when submitting financial reporting packages to the Department for
audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that
the reporting package was delivered to the Recipient in correspondence accompanying the reporting
package.
(i) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held
liable for reimbursement to the Department of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department has notified the
Recipient of such non-compliance.
U) The Recipient shall have all audits completed by an independent certified public
accountant (lPA) who shall either be a certified public accountant or a public accountant licensed under
Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted
above. The audit must be submitted to the Department no later than seven (7) months from the end of
the Recipient's fiscal year.
5
(7) REPORTS
(a) At a minimum, the Recipient shall provide the Department with quarterly reports, and
with a close-out report. These reports shall include the current status and progress by the Recipient and
all subrecipients and subcontractors in completing the work described in the Scope of Work and the
expenditure of funds under this Agreement, in addition to such other information as requested by the
Department.
(b) Quarterly reports are due to be received by the Department no later than 30 days
after the end of each quarter of the program year and shall continue to be submitted each quarter until
submission of the administrative close-out report. The ending dates for each quarter of the program year
are March 30, June 30, September 30 and December 31.
(c) The close-out report is due 60 days after termination of this Agreement or upon
completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies, prescribed above, are not sent to the Department or
are not completed in a manner acceptable to the Department, the Department may withhold further
payments until they are completed or may take such other action as set forth in Paragraph (11)
REMEDIES. "Acceptable to the Department" means that the work product was completed in accordance
with the Budget and Scope of Work.
(e) The Recipient shall provide such additional program updates or information as may
be required by the Department.
(f) The Recipient shall provide additional reports and information as identified in
Attachment F.
(8) MONITORING.
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are met, the Budget and Scope of Work is accomplished within the specified
time periods, and other performance goals stated in this Agreement are achieved. Such review shall be
made for each function or activity set forth in Attachment A to this Agreement, and reported in the
quarterly report.
6
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and
Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above ), monitoring procedures
may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by
OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient
agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the
Department. In the event that the Department determines that a limited scope audit of the Recipient is
appropriate, the Recipient agrees to comply with any additional instructions provided by the Department
to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General.
In addition, the Department will monitor the performance and financial management by the Recipient
throughout the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms
of this agreement, and shall hold the Department harmless against all claims of whatever nature by third
parties arising out of the performance of work under this agreement. For purposes of this agreement,
Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its
negligent acts or omissions or tortious acts which result in claims or suits against the Department, and
agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is
intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity
applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of
Florida to be sued by third parties in any matter arising out of any contract.
(10) DEFAULT.
If any of the following events occur ("Events of Default"), all obligations on the part of the
Department to make any further payment of funds hereunder shall, if the Department so elects, terminate
and the Department may, at its option, exercise any of its remedies set forth in Paragraph (11), but the
Department may make any payments or parts of payments after the happening of any Events of Default
without thereby waiving the right to exercise such remedies, and without becoming liable to make any
further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous Agreement with the Department shall at any time be false or misleading in any respect, or if the
Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in
this Agreement or any previous agreement with the Department and has not cured such in timely fashion,
or is unable or unwilling to meet its obligations thereunder;
(b) If any material adverse change shall occur in the financial condition of the Recipient
at any time during the term of this Agreement, and the Recipient fails to cure said material adverse
change within thirty (30) days from the time the date written notice is sent by the Department.
(c) If any reports required by this Agreement have not been submitted to the Department
or have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of its
obligations under this Agreement.
(11) REMEDIES.
Upon the happening of an Event of Default, then the Department may, at its option, upon
thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure
within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently
or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty (30)
days prior written notice of such termination. The notice shall be effective when placed in the United
States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to
the address set forth in paragraph (13) herein;
(b) Commence an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Exercise any corrective or remedial actions, to include but not be limited to:
1. requesting additional information from the Recipient to determine the reasons
for or the extent of non-compliance or lack of performance,
8
2. issuing a written warning to advise that more serious measures may be taken
if the situation is not corrected,
3. advising the Recipient to suspend, discontinue or refrain from incurring costs
for any activities in question or
4. requiring the Recipient to reimburse the Department for the amount of costs
incurred for any items determined to be ineligible;
(e) Require that the Recipient return to the Department any funds which were used for
ineligible purposes under the program laws, rules and regulations governing the use of funds under this
program.
(f) Exercise any other rights or remedies which may be otherwise available under
law.
(g) The pursuit of anyone of the above remedies shall not preclude the Department from
pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the
Department of any right or remedy granted hereunder or failure to insist on strict performance by the
Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department
hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any
further or subsequent default by the Recipient.
(12) TERMINATION.
(a) The Department may terminate this Agreement for cause upon such written notice as
is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and
refusal by the Recipient to permit public access to any document, paper, letter, or other material subject
to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Department may terminate this Agreement when it determines, in its sole
discretion, that the continuation of the Agreement would not produce beneficial results commensurate
with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written
notice.
9
(c) The parties may agree to terminate this Agreement for their mutual convenience as
evidenced by written amendment of this Agreement. The amendment shall establish the effective date of
the termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the
Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the
Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient
for purpose of set-off until such time as the exact amount of damages due the Department from the
Recipient is determined.
(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative identified below
at the address set forth below and said notification attached to the original of this Agreement.
(b) The name and address of the Department contract manager for this Agreement is:
Ms. Kathleen Marshall, Planning Manager
Bureau of Recovery and Mitigation
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Telephone: (850) 922-5944
Fax: (850) 922-1259
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Mr. Tracey Barlow, Fire Chief
City of Edgewater
1605 South Ridgewood Avenue
Edgewater, Florida 32132
Telephone: (386) 424-2445
Fax: (386) 424-2450
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative
will be rendered as provided in (13)(a) above.
10
(14) SUBCONTRACTS
If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the
fully executed subcontract must be forwarded to the Department within ten (10) days of execution. The
Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this
Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and
(iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever
nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed
and required by law.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to
the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A - Budget and Scope of Work
Attachment B - Program Statutes and Regulations
Attachment C - Statement of Assurances
Attachment D - Request for Reimbursement
Attachment E - Justification of Advance
Attachment F - Quarterly Report Form
Attachment G - Copyright, Patent, and Trademark
Attachment H - Warranties and Representations
Attachment I - Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
11
(17) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $26,710.00
subject to the availability of funds. All requests for reimbursement of administrative costs must be
accompanied by the back-up documentation evidencing all such administrative costs.
(b) Any advance payment under this Agreement is subject to Section 216.181 (16),
Fla.Stat.. and is contingent upon the Recipient's acceptance of the rights of the Department under
Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the
expected cash needs of the Recipient within the first three (3) months of the contract term. For a
federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-
122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the
budget data on which the request is based and a justification statement shall be included in this
Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and
2.
An advance payment of $
is requested.
::::::::-:-:-:.:-:. -
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. . . .
provide an explanation of the necessity for and proposed use of these funds.
No advance payment is requested.
1.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by Congress,
the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, all
obligations on the part of the Department to make any further payment of funds hereunder shall
terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from
the Department.
(18) REPAYMENTS
All refunds or repayments to be made to the Department under this Agreement are to be made
payable to the order of "Department of Community Affairs", and mailed directly to the Department at the
following address:
12
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section215.34(2), Fla. Stat., if a check or other draft is returned to the Department for
collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars
($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater.
(19) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods
and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue
the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant
to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may
receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State
Comptroller's Hotline at 1-800-848-3792.
(20) STANDARD CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any subsequent submission or response to Department request, or in any submission or response to fulfill
the requirements of this Agreement, and such information, representations, and materials are
incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of
the Department and with thirty (30) days written notice to the Recipient, cause the termination of this
Agreement and the release of the Department from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict
with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed
null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any
other provision of this Agreement.
13
(c) Any power of approval or disapproval granted to the Department under the terms of
this Agreement shall survive the terms and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336,42 U.S.C. Section 12101 et seo.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract
to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with a public entity, and may not transact business with any public entity in
excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor
list or on the discriminatory vendor list.
(g) An entity or affiliate who has been placed on the discriminatory vendor list may not
submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not award or perform work as a contractor,
supplier, subcontractor, or consultant under contract with any public entity, and may not transact business
with any public entity.
(h) With respect to any Recipient which is not a local government or state agency, and
which receives funds under this Agreement from the federal government, by signing this Agreement, the
Recipient certifies, to the best of its knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. Have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal offense in connectiona
14
with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract
under public transaction; violation of federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
3. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
20(h)2. of this certification; and
4. Have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall submit to the Department (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion"
(Attachment I) for each prospective subcontractor which Recipient intends to fund under this Agreement.
Such form must be received by the Department prior to the Recipient entering into a contract with any
prospective subcontractor.
(i) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
U) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(k) If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with Section 112.061, Fla. Stat.
(I) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in
conjunction with this Agreement.
15
(m) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Department or be applied against the
Department's obligation to pay the contract amount.
(n) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
(UlNA")]. The Department shall consider the employment by any contractor of unauthorized aliens a
violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Department.
(21) LOBBYING PROHIBITION
(a) No funds or other resources received from the Department in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official action by
the Florida Legislature or any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
16
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(22) COPYRIGHT, PATENT AND TRADEMARK
The Recipient shall comply with Copyright, Patent and Trademark incorporated as
Attachment G.
(23) LEGAL AUTHORIZATION
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its governing body has
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
(24) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment C.
17
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
Recipient: CITY OF EDGEWATER
BY:
Name and title:
Date:
FID#
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
Name and Title: W. Craig Fugate, Director, Division of Emergency Management
Date:
18
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, . . . . . . . . . .
. . . . . . . . . .
, . . . . . . . . . .
. . . . . . . . . .
, . . . . . . . . . .
. . . . . . . . . .
::~::::/::::
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. . . . . . . . . . .
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EXHIBIT - 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
Federal Program: Federal Emergency Management Agency
Catalog of Federal Domestic Assistance Number: 97.039
Amount of Federal Funding: $26,710.00
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Only the services described within the attached Agreement and Attachment A are eligible
expenditures for the funds awarded.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
Not Applicable
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Not Applicable
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Not Applicable
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
Not Applicable
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida
Statutes, require that the information about Federal Programs and State Projects included in
Exhibit 1 be provided to the recipient.
19
Attachment A
Budget and Scope of Work
As a Hazard Mitigation Grant Program project, the Recipient, the City of Edgewater, will wind retrofit the
buildings listed below by purchasing and installing fabric shield storm panels and hurricane rated material
as follows:
1. City of Edgewater City Hall located at 104 Riverside Drive, Edgewater, Florida 32132,1,747.7
square feet of fabric shield and hurricane rated material.
2. City of Edgewater Police Department located at 135 East Park Avenue, Edgewater, Florida
32132,416.6 square feet of fabric shield and hurricane rated material.
3. City of Edgewater Public Works Building located at 409 Mango Tree Drive, Edgewater, Florida
32132,226 square feet of fabric shield and hurricane rated material.
4. City of Edgewater Fire Station #55 located at 1605 South Ridgewood Avenue, Edgewater, Florida
32132, 174.1 square feet of fabric shield and hurricane rated material.
5. City of Edgewater Fire Station #57 located at 2628 Hibiscuss Drive, Edgewater, Florida 32141,
147.6 square feet of fabric shield and hurricane rated material.
6. City of Edgewater Fire Administration Building located at 1605 South Ridgewood, Edgewater,
Florida 32132,80.1 square feet of fabric shield and hurricane rated material.
If deemed necessary, wind protection will be provided on any other openings such as skylights, vents,
louvers and exhaust fans. All installations will be done in strict compliance with the Florida Building Code
or Miami-Dade Specifications. All materials will be certified to meet the wind and impact standards of the
current local codes. The local municipal or county building department will inspect and certify installation
according to the manufacture specification.
This is FEMA project 1539-38-R, funded under 1539-DR-FL.
The Period of Performance for this project ends on December 31,2007.
Schedule of Work
State Contracting:
Negotiate with State:
Obtain Permits to Alter Building Structure:
Installation of Fabric Shield Hurricane Shutters:
State Inspection:
State Closeouts:
Potential Disaster Delavs:
Total Period of Performance:
6 Months
3 Months
2 Months
2 Months
3 Months
3 Months
3 Months
22 Months
Line Item Budaet*
City Hall:
Police Department:
Public Works Building:
Fire Station #55:
Fire Station #57:
Fire Administration Building:
Sub-total:
Administrative Cost:
Total:
Project Cost
$19,224.00
$ 4,582.00
$ 5,983.00
$ 1,951.00
$ 1,623.00
$ 881.00
$34,244.00
$ 0.00
$34,244.00
20
Federal Share
$14,418.00
$ 3,437.00
$ 4,487.00
$ 1,463.00
$ 1,217.00
$ 661.00
$25,683.00
$ 1.027.00
$26,710.00
Local Share
$4,806.00
$1,145.00
$1,496.00
$ 488.00
$ 406.00
$ 220.00
$8,561.00
$ 0.00
$8,561.00
* Any line item amount in this Budget may be increased or decreased 10% or less without an amendment
to this Agreement being required, so long as the overall amount of the funds obligated under this
Agreement is not increased.
Fundina Summary
Federal Share:
Local Share:
Total Project Cost:
$25,683.00 (75%)
$ 8,561.00 (25%)
$34,244.00 (100%)
Recipient Administrative Allowance up to $1,027.00.
The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the
vulnerability of the building to property losses and are specifically not intended to provide for the safety of
inhabitants before, during or after a natural or man made disaster.
The funding provided by the Department of Community Affairs under this subgrant is only intended to pay
for the materials and labor for the installation of storm shutters and/or other hardening activities as a
retrofit measure for the Recipient's building to reduce and/or mitigate the damage that might otherwise
occur from severe weather or other hazards. The funding of this project by the Department in no way
confers or implies any warranty of use or suitability for the modifications made or installed. The State of
Florida disclaims all warranties with regard to this mitigation project, express or implied, including but not
limited to, any implied warranties and/or conditions of satisfactory quality and fitness for a particular
purpose, merchantability, or merchantable quality.
This project has not been evaluated as meeting the standards of the Department of Homeland Security,
Federal Emergency Management Agency (FEMA) as outlined in the guidance manual, FEMA 361-Design
and Construction for Community Shelter. It is understood and agreed by the Department and the
Recipient that the building has vulnerabilities due to age, design and location which may result in damage
to the building even after the installation of the mitigation measures funded under this Subgrant
Agreement. It is further understood and agreed by the Department and the Recipient that this mitigation
project is not intended to make the building useable as a shelter for the Recipient's staff or any other
citizens in the event of any natural or man-made disaster.
21
0211012006
11:43
FEDERAL EMERGENCY IlANAGEIENT AGENCY
HAZARD IIITIGATlON GRANTS PROGRAM
Obligation Report wi SignabJreS
HMGP-OB-02
Disaster
No
FEMA
Project No
38-R
Amendment
No
o
State
Application 10
63
Action SUpplemental
No No
State
Fl statewide
Grantee
1539
1 39
Subgrantee: Edgewater
Subgrantee APS Code: 127-19825
Project Tille : CIy of Edgewater, VoJusia County, EM Agri-Civic Center, Wind
RetrofIt
Total Amount
Previously Allocated
Total Amount
Previously Obfigated
Total Amount . Total Amount Avalable
Pending Obligation for New Obligation
$25,683
$25,683
$0 $0
Project Amount
Grantee Admin Est
Subgrantee Admin Est Total Obligation IFMlS Date IFMIS Status FY
$25,683
$133
$1,027
$26,843 0211012006
Accept
2006
Comments
Date: 02/1012006
User Id: FAlHE1
Comment HMO approves obligation
Date: 0210912006
User Id: VCOONS
Comment MA approves obligation
Authorization
Preparer Name: VIRGINIA COONS
Preparation Date: 02/0912006
HMO Authorization Name: CLAUDE HY ACINlliE
HMO Authorization Date: 0211012006
Slidina Scale Percentaae:
up to $100,000 = 3.00%
up to $1,000,000 = 2.00%
up to $5,000,000.00 = 1.00%
Excess = 0.50%
21-A
0211012006
11:43
FEDERAL EllERGENCY MANAGEMENT AGENCY
HAZARD IIlTIGAllON GRANTS PROGRAM
Obligation Report wi SignatUreS
HMGP-OB-02
Disaster
No
1539
FEMA
Project No
38-R
AmencIment
No
o
State
Application 10
63
Action Supplemental
No No
State
FL Statewide
Grantee
1 39
subgrantee: Edgewater
Subgrantee F1PS Code: 127-19825
Project TiUe : CIy of EdgeWater, Volusia County, EM Agri-Civic Center, Wind
Retrofit
Admin Calculatkm
Admin Cost Calculation: Sliding Scale
Justification:
Calculation Percentage: NIA
/'
Jir ~ll./
Authorizing . I Title
:J-i.'b/OP
A orization Date
Authorizing Official Signature
Authorizing Official Title
Authorization Date
Slidina Scale Percentaoe:
up to
up to
up to
Excess
$100,000 =
$1.000,000 =
s.s,OOOtOO(tOO =
3.00%
2.00%
1.00%
0.50%
=
21-B
0211312006
9:51 AM
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD IIITIGATION GRANT PROGRAM
Project Management Report
App 10 State Grantee
HMGP-AP-01
Disaster FEMA
Number Project Number
1539 38-R
Subgrantee: Edgewater
FIPS Code: 127-19825
Amendment
Number
o
63
FL
Statewide
Project TIle : City eX E~ater, VoIusia "County, EM Agri-CivicCenter. Wmd Retrofit
Mltiaation Proiect Description
Amendment Status : Approved
Approval Status: Approved
Project Title: City of Edgewater, Volusia County, EM Agri-Civic Center, Wmd Retrofit
Grantee: Statewide Subgrantee: Edgewater
Grantee County Name: Vo!usia
Grantee County Code: 127
Grantee Place Name: Edgewater
Grantee Place Code: 0
Subgrantee County Name: VoIusia
Subgrantee County Code: 127
Subgrantee Place Name: Edgewater
Subgrantee Place Code: 19825
Project Closeout Date: OQJOOJOOOO
Wortt Schedule Status
Amend' DescriDtion Tme Frame
@~EGOTlATEWITH STATE !poDAYS
@pSTAIN PERMITS TO ALTER BUILDlNG STRUCn!~ DAYS
@1pNSTALLATION OF FABRIC SHIElD HURRICANE ~~ DAYS
@~TATE CONTRACTING 1~80 DAYS
@~TATE INSPECTION [/aoDAYS
@~TATE CLOSEOUTS ~/ao DAYS
@rOTENTlAl DISASTER OELA.YS !PO DAYS
Due Date Revised Date ComDletion Date
II OOIOQIOOOO II OQIOOIOOOO II 0010OIOOOO I
II OOIOQIOOOO II OOIOQIOOOO U 0010OIOOOO I
II OOIOQIOOOO II OQIOOIOOOO II 0010OIOOOO I
If OOIOQIOOOO 1\ OQ/OOIOOOO II 0010OIOOOO I
II OOIOQIOOOO II OOIOQIOOOO II OQIOOIOOOO I
II OOIOQIOOOO II OOIOQIOOOO II OOIOQIOOOO I
II OOIOQIOOOO II OQ/OQ/OOOO II 0010OIOOOO I
Aooroved Amounts
Total Approved
Net Eligible
$34.244\ I
Federal Total Approved
Share Percent Federal Share Amount
75.~ I $25,~ I
Non-FederaI Total Approved
Share Percent Non-Fed Share Amount
25.~ I $8.5611
Allocations
Allocation IFMIS IFMIS Submission ES Support ES Amend Proj AIIoc Amount Grantee Subgrantee Total
Number Status Date Date FY ReqlD Number Fed Share Admin Amount Admin Amount ADoc Amount
15 A 02109/2006 02108I2006 2006 805255 12 I $25,~1 $1~1 $1,02~ I $26.84~
Total I $25.~1 $1~1 $1.02~1 $26,84~
Obliaations
Action IFMIS IFMIS Submission
Nr Status Date Date
A 0211012006 0211012006
ES Support ES Amend SuppI Project Obligated
FY Req to Number Nr Arrt - Fed Share
2006 880660 39 39 I $25,~ I
Total I $25.~ I
Grantee Admin
Amount
Subgrantee
Admin Amount
TotalObrJgated
Amount
$26,84~
$26.84~
$1~1
$1~1
$1,02~ I
$1,02~ I
21-r,
0211312006
9:50 AM
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MmGATION GRANT PROGRAM
Environmental Report
HMGP-EV-01
Disaster FEMA
Number Project Number
1539 38-R
Subgrantee: Eclgewater
FIPS Code: 127-19825
FEMA LawslEOs
Amendment
Number
o
AppID
State
Grantee
63
FL
Statewide
Project Tille: City of Edgewater, VoIusia County, EM Agri-Civic Center, Wmd Retrofit
LawslEOs
Coastal Barriers Resources Ad. (CBRA)
Status
Completed
Clean Water Ad. (CWA)
Completed
Coastal Zone Management Act (CZMA)
Completed
Endangered Species Act (ESA)
Completed
Fish and Wildlife Coordination Ad. (FWCA)
Completed
National Historic Preservation Ad. (NHPA)
Completed
Clean Air Ad. (CM)
Completed
E. O. 11988: Floodplains
Completed
E.O. 11990: Wetlands
Completed
E.O. 12898: Environmental Justice for Low Income and Minority Populations Completed
FEMA NEPA Process----
FEMA status
Catex - Completed
1 CATEX Type Code
15. Repair, replace, restore, retroii. upgrade to current
codes and standards, or replace a faCility (xv)
If an e:rtraordinmy circrDJrStaI'It aim ami leads to a
significtmt emoiranmurtal impDct (8<< #CFR 10.8 (d) (3)).
an ~ shall be J1I'T!11OIW1
~ No Extraordinary CircumStances Requiring an EA.
Documentation CompIete01124/2006
21-D
0211312006
9:50 AM
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANT PROGRAM
Environmental Report
HMGP-EV-01
Disaster FEMA Amendment App 10 State Grantee
Number Project Number Number
1539 38-R 0 63 FL Statewide
subgrantee: Edgewater
FIPS Code: 127-19825 Project Tille: City of Edgewater. VoIusia County, EM Agri-Civic Center. Wind Retrofit
Standard Conditions
1. Any change to the approved scope of wort. wiI require re-evaluation for compliance with NEPA and other Laws and Executive Orders.
2. This review does not address al federal, stale and Ioc:aI requkementS. Acceptance of federal funding requires recipient to comply with aU
federal, state and local laws. Failure to obtain al appropriate federal. state and Ioc:aI enviJonrnentaI permits and clearanCeS may jeopartflZe federal
funding.
3. If ground disturbklg activities occur during construc:tion. applicant wit monIor ground disturbanCe and if any potential archeological resources
are discovered. will immediately cease construction in that area and notify the State and FEW...
21-E
Attachment B
Program Statutes and Regulations
The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally
governed by the following statutes and regulations:
(1 ) The Robert T. Stafford Disaster Relief and Emergency Assistance Act;
(2) 44 CFR Parts 7,9,10, 13,14,17,18,25,206,220, and 221, and any other applicable
FEMA policy memoranda and guidance documents;
(3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program;
(4) Hazard Mitigation Long-term Recovery Guidance; and
(5) All applicable laws and regulations delineated in Attachment C of this Agreement
In addition to the above statues and regulations, the Recipient must comply with the following:
The Recipient shall fully perform the approved hazard mitigation project, as described
in the Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in
accordance with the approved scope of work indicated therein, the estimate of costs indicated therein, the
allocation of funds indicated therein, and the terms and conditions of this Agreement. Recipient shall not
deviate from the approved project and the terms and conditions of this Agreement. Recipient shall
comply with any and all applicable codes and standards in performing work funded under this Agreement,
and shall provide any appropriate maintenance and security for the project.
Any development permit issued by, or development activity undertaken by, the Recipient
and any land use permitted by or engaged in by the Recipient, shall be consistent with the local
comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163,
Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses
authorized for, only those uses which are permitted under the comprehensive plan and land development
regulations. The Recipient shall be responsible for ensuring that any development permit issued and any
development activity or land use undertaken is, where applicable, also authorized by the Water
Management District, the Florida Department of Environmental Protection, the Florida Department of
Health, the Florida Game and Fish Commission, and any federal, state, or local environmental or land
use permitting authority, where required. Recipient agrees that any repair or construction shall be in
accordance with applicable standards of safety, decency, and sanitation, and in conformity with
applicable codes, specifications and standards.
Recipient will provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the completed work conforms with the approved plans and specifications
and will furnish progress reports and such other information to the Department as may be required.
If the hazard mitigation project described in Attachment A includes an acquisition or relocation
project, then Recipient shall ensure that, as a condition of funding under this Agreement, the owner of the
affected real property shall record in the public records of the county where it is located the following
covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from
which a structure will be removed pursuant to the project:
1 . The property will be dedicated and maintained in perpetuity for a use that is compatible
with open space, recreational, or wetlands management practices;
2. No new structure will be erected on property other than:
(a) a public facility that is open on all sides and functionally related to a
designated open space;
(b) a restroom; or
22
3. A structure that the Director of the Federal Emergency Management Agency approves in
writing before the commencement of the construction of the structure;
4. After the date of the acquisition or relocation no application for disaster assistance for any
purpose will be made to any Federal entity and no disaster assistance will be provided for
the property by any Federal source; and
5. If any of these covenants and restrictions is violated by the owner or by some third party
with the knowledge of the owner, fee simple title to the Property described herein shall be
conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida without further notice to the owner, its successors and assigns, and the owner, its
successors and assigns shall forfeit all right, title and interest in and to the property.
The Department Contract Manager (DCM) will evaluate requests for cost overruns and submit to
the Regional Director written determination of cost overrun eligibility. Cost overruns shall meet Federal
regulations set forth in 44CFR 206.438(b).
The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a
HMGP Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating
in the NEPA process. You are reminded that no construction may occur in this phase, that a full
environmental review must be completed prior to funding Phase II.
As a reminder, the Recipient must obtain prior approval from the State, before implementing
changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments:
1 . For construction projects, the grantee must "obtain prior written approval for any budget
revision which result in a need for additional funds" (44 CFR 13 (c));
2. A change in the scope of work must be approved by FEMA in advance regardless of the
budget implications; and
3. The Recipient must notify the State as soon as significant developments become known,
such as delays or adverse conditions that might raise costs or delay completion, or favorable
conditions allowing lower cost or earlier completion. Any extensions of the period of
performance must be submitted to FEMA 60 days prior to the project expiration date.
23
Attachment C
Statement of Assurances
To the extent the following provisions apply to the award of assistance in this Agreement, as determined
by the awarding agency, the Recipient hereby assures and certifies that:
(a) It possesses legal authority to enter into this agreement, and to execute the proposed program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar
action authorizing the execution of the hazard mitigation agreement with the Department,
including all understandings and assurances contained therein, and directing and authorizing the
Recipient's chief ADMINISTRATIVE officer or designee to act in connection with the application
and to provide such additional information as may be required;
(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner,
shall be admitted to any share or part of this agreement or to any benefit to arise from the same.
No member, officer, or employee of the Recipient or its designees or agents, no member of the
governing body of the locality in which the program is situated, and no other public official of such
locality or localities who exercises any functions or responsibilities with respect to the program
during his tenure or for one year thereafter, shall have any interest direct or indirect, in any
contract or subcontract, or the proceeds thereof, for work to be performed in connection with the
program assisted under this agreement. The Recipient shall incorporate or cause to be
incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant
to the purpose state above;
(d) All Recipient contracts for which the State Legislature is in any part a funding source, shall
contain language to provide for termination with reasonable costs to be paid by the Recipient for
eligible contract work completed prior to the date the notice of suspension of funding was
received by the Recipient. Any cost incurred after a notice of suspension or termination is
received by the Recipient may not be funded with funds provided under this Agreement unless
previously approved in writing by the Department. All Recipient contracts shall contain provisions
for termination for cause or convenience and shall provide for the method of payment in such
event;
(e) It will comply with:
(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring
that mechanics and laborers (including watchmen and guards) employed on federally
assisted contracts be paid wages of not less than one and one-half
times their basic wage rates for all hours worked in excess of forty hours in a work week;
and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered
employees be paid at least the minimum prescribed wage, and also that they be paid one
and one-half times their basic wage rates for all hours worked in excess of the prescribed
work-week.
(f) It will comply with:
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant
thereto, which provides that no person in the United States shall on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity for which the
Recipient receives Federal financial assistance and will immediately take any measures
necessary to effectuate this assurance. If any real property or structure thereon is
provided or improved with the aid of Federal financial assistance extended to the
Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of
such property, any transferee, for the period during which the real property or structure is
24
used for a purpose for which the Federal financial assistance is extended, or for another
purpose involving the provision of similar services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the
basis of age or with respect to otherwise qualified handicapped individuals as provided in
Section 504 of the Rehabilitation Act of 1973;
(3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the
regulations issued pursuant thereto, which provide that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin in all phases of
employment during the performance of federal or federally assisted construction
contracts; affirmative action to insure fair treatment in employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff/termination, rates of payor other
forms of compensation; and election for training and apprenticeship;
(g) The Recipient agrees to comply with the Americans With Disabilities Act (Public aw 101-336, 42
U.S.C. Section 12101 et seq.), where applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications;
(h) It will establish safeguards to prohibit employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves
or others, particularly those with whom they have family, business, or other ties pursuant to
Section 112.313 and Section 112.3135, FS;
(i) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and
prescribes penalties for "kickbacks" of wages in federally financed or assisted construction
activities;
U) It will comply with the provisions of 18 USC 594, 598, 600-605 (further known as the Hatch Act)
which limits the political activities of employees;
(k) It will comply with the flood insurance purchase and other requirements of the Flood Disaster
Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the
purchase of flood insurance in communities where such insurance is available as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes for use in
any area having special flood hazards. The phrase "Federal financial assistance" includes any
form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or
grant, or any other form of direct or indirect Federal assistance;
(I) It will require every building or facility (other than a privately owned residential structure)
designed, constructed, or altered with funds provided under this Agreement to comply with the
"Uniform Federal Accessability Standards," (AS) which is Appendix A to 41 CFR Section 101-
19.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The
Recipient will be responsible for conducting inspections to ensure compliance with these
specifications by the contractor;
(m) It will, in connection with its performance of environmental assessments under the National
Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation
Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of
Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by:
(1) Consulting with the State Historic Preservation Office to identify properties listed
in or eligible for inclusion in the National Register of Historic Places that are
subject to adverse effects (see 36 CFR Section 800.8) by the proposed activity;
and
25
(2) Complying with all requirements established by the State to avoid or mitigate
adverse effects upon such properties.
(3) Abiding by the terms and conditions of the "Programmatic Agreement Among
the Federal Emergency Management Agency, the Florida State Historic
Preservation Office, the Florida Department of Community Affairs and the
Advisory Council on Historic Preservation, (PA)" which addresses roles and
responsibilities of Federal and State entities in implementing Section 1 06 of the
National Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing
regulations in 36 CFR part 800.
(4) When any of Recipient's projects funded under this Agreement may affect a
historic property, as defined in 36 CFR 800. (2)(e), the Federal Emergency
Management Agency (FEMA) may require Recipient to review the eligible scope
of work in consultation with the State Historic Preservation Office (SHPO) and
suggest methods of repair or construction that will conform with the
recommended approaches set out in the Secretary of Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992
(Standards), the Secretary of the Interior's Guidelines for Archeological
Documentation (Guidelines) (48 Federal Register 44734-37), or any other
applicable Secretary of Interior standards. If FEMA determines that the eligible
scope of work will not conform with the Standards, Recipient agrees to
participate in consultations to develop, and, after execution by all parties, to
abide by, a written agreement that establishes mitigation and recondition
measures, including but not limited to, impacts to archeological sites, and the
salvage, storage, and reuse of any significant architectural features that may
otherwise be demolished.
(5) Recipient agrees to notify FEMA and the Department if any project funded under
this Agreement will involve ground disturbing activities, including, but not limited
to: subsurface disturbance; removal of trees; excavation for footings and
foundations; and installation of utilities (such as water, sewer, storm drains,
electrical, gas, leach lines and septic tanks) except where these activities are
restricted solely to areas previously disturbed by the installation, replacement or
maintenance of such utilities. FEMA will request the SHPO's opinion on the
potential that archeological properties may be present and be affected by such
activities. The SHPO will advise Recipient on any feasible steps to be
accomplished to avoid any National Register eligible archeological property or
will make recommendations for the development of a treatment plan for the
recovery of archeological data from the property.
If Recipient is unable to avoid the archeological property, develop, in consultation
with the SHPO, a treatment plan consistent with the Guidelines and take into
account the Advisory Council on Historic Preservation (Council) publication
"Treatment of Archeological Properties". Recipient shall forward information
regarding the treatment plan to FEMA, the SHPO and the Council for review. If
the SHPO and the Council do not object within 15 calendar days of receipt of the
treatment plan, FEMA may direct Recipient to implement the treatment plan. If
either the Councilor the SHPO object, Recipient shall not proceed with the
project until the objection is resolved.
(6) Recipient shall notify the Department and FEMA as soon as practicable: (a) of
any changes in the approved scope of work for a National Register eligible or
listed property; (b) of all changes to a project that may result in a supplemental
DSR or modify an HMGP project for a National Register eligible or listed
property; (c) if it appears that a project funded under this Agreement will affect a
previously unidentified property that may be eligible for inclusion in the National
26
Register or affect a known historic property in an unanticipated manner.
Recipient acknowledges that FEMA may require Recipient to stop construction in
the vicinity of the discovery of a previously unidentified property that may be
eligible for inclusion in the National Register or upon learning that construction
may affect a known historic property in an unanticipated manner. Recipient
further acknowledges that FEMA may require Recipient to take all reasonable
measures to avoid or minimize harm to such property until FEMA concludes
consultation with the SHPO. Recipient also acknowledges that FEMA will
require, and Recipient shall comply with, modifications to the project scope of
work necessary to implement recommendations to address the project and the
property.
(7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it
shall not receive funding for projects when, with intent to avoid the requirements
of the PA or the NHPA, Recipient intentionally and significantly adversely affects
a historic property, or having the legal power to prevent it, allowed such
significant adverse affect to occur.
(n) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681-
1683 and 1685 - 1686) which prohibits discrimination on the basis of sex;
(0) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of
alcohol abuse or alcoholism;
(p) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and
290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(q) It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which
prohibits the use of lead based paint in construction of rehabilitation or residential structures;
(r) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422),
and the provisions of the state Energy Conservation Plan adopted pursuant thereto;
(s) It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131-2159, pertaining to
the care, handling, and treatment of warm blooded animals held for research, teaching, or other
activities supported by an award of assistance under this agreement;
(t) It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 3601-3619, as
amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of
the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race,
color or nation origin;
(u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;
(v) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626;
(w) It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544;
(x) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763;
(y) It will assist the awarding agency in assuring compliance with the National Historic Preservation
Act of 1966, as amended, 16 U.S.C. 270;
(z) It will comply with environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969, 42 U.S.C. 4321-4347;
27
(aa) It will assist the awarding agency in assuring compliance with the Preservation of Archeological
and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq;
(bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-
discrimination;
(cc) It will comply with the environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water
sources;
(dd) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and
Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs;
(ee) It will comply with the Wild and Scenic Rivers Act of 1968,16 U.S.C. 1271-1287, related to
protecting components or potential components of the national wild and scenic rivers system;
(ff) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating
facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898
(Environmental Justice);
(gg) It will comply with the Coastal Barrier Resources Act of 1977,16 U.S.C. 3510;
(hh) It will assure project consistency with the approved State program developed under the Coastal
Zone Management Act of 1972,16 U.S.C. 1451-1464; and
(ii) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666.
GD With respect to demolition activities, it will:
1 . Create and make available documentation sufficient to demonstrate that the Recipient
and its demolition contractor have sufficient manpower and equipment to comply with the
obligations as outlined in this Agreement.
2. Return the property to its natural state as though no improvements had ever been
contained thereon.
3. Furnish documentation of all qualified personnel, licenses and all equipment necessary to
inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos
and lead in accordance with requirements of the U.S. Environmental Protection Agency,
the Florida Department of Environmental Protection and the County Health Department.
4. Provide documentation of the inspection results for each structure to indicate:
a. Safety Hazards Present
b. Health Hazards Present
c. Hazardous Materials Present
5. Provide supervision over contractors or employees employed by Recipient to remove
asbestos and lead from demolished or otherwise applicable structures.
6. Leave the demolished site clean, level and free of debris.
7. Notify the Department promptly of any unusual existing condition which hampers the
contractors work.
8. Obtain all required permits.
28
9. Provide addresses and marked maps for each site where water wells and septic tanks
are to be closed along with the number of wells and septic tanks located on each site.
Provide documentation of closures.
10. Comply with mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (Public Law 94-163).
11. Comply with all applicable standards, orders, or requirements issued under Section 112
and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33
U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency
regulations (40 CFR Part 15 and 61). This clause shall be added to any subcontracts.
12. Provide documentation of public notices for demolition activities.
29
Attachment D
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
Request for Advance or Reimbursement of
Hazard Mitigation Grant Program Funds
RECIPIENT NAME:
City of Edqewater
ADDRESS:
CITY, STATE, ZIP CODE:
PAYMENT No:
DCA Agreement No: 06HM-7@-06-74-02-035
FEMA T k" N b
153938 R
rac Ing um ers: - -
Eligible Obligated Obligated Previous Current DCA Use Only
Amount Federal Non-Federal
100% 75% 25% Payments Request Approved Comments
TOTAL CURRENT REQUEST $
I certify that to the best of my knowledge and belief the above accounts are correct, and that all disbursements
were made in accordance with all conditions of the DCA agreement and payment is due and has not been
previously requested for these amounts.
RECIPIENT SIGNATURE
NAME AND TITLE
DATE:
TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS
APPROVED PROJECT TOTAL $
GOVERNOR'S AUTHORIZED REPRESENTATIVE
ADMINISTRATIVE COST
$
APPROVED FOR PAYMENT $
DATE
30
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
HAZARD MITIGATION GRANT PROGRAM
Applicant: City of Edqewater
Disaster No. 1539
DCA Agreement No. 06HM-7@-06-74-02-035
FEMA Tracking # 1539-38-R
Applicant's Date of delivery DOCUMENTATION Applicant's
Reference No. of articles, List Documentation (Applicant's payroll, material out of Eligible. Costs
(Warrant, Voucher, completion of applicant's stock, applicant owned equipment and name of 100%
Claim Check, or work or vendor or contractor) by category and line item in the
Schedule No.) performance approved project application and give a brief description of
services. the articles or services.
TOTAL
31
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is
requested, budget data on which the request is based must be submitted. Any advance payment under this
Agreement is subject to s. 216.181(16)(a)(b), Florida Statutes. The amount which may be advanced shall not
exceed the expected cash needs of the recipient within the initial three months.
[ ] NO ADVANCE REQUESTED
[ ] ADVANCE REQUESTED
No advance payment is requested.
Payment will be solely on a
reimbursement basis. No additional
information is required.
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds
are needed to pay staff, award benefits to clients, duplicate forms
and purchase start-up supplies and equipment. We would not be
able to operate the program without this advance.
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete the following worksheet.
(A) (B) (C) (D)
DESCRIPTION FFY 2003 FFY 2004 FFY 2005 Total
1 INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDITURES1
3 AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
(Divide line 2 by line 1.)
First three months ex enditures need onl be rovlded for the ears in which ou re uested an advance.
p y p y y q
If you do not have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
X $
Cell 03 HMGP Award
(Do not include match)
=
MAXIMUM
ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
[
] Recipient has no previous HMGP contract history. Complete Estimated Expenses chart
and Explanation of Circumstances below.
Recipient has exceptional circumstances that require an advance greater than the Maximum
Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances
below. Attach additional pages if needed.
[
32
ESTIMATED EXPENSES
BUDGET CATEGORY 2005-2006 Anticipated Expenditures for First Three Months of
Contract
ADMINISTRATIVE COSTS
PROGRAM EXPENSES
TOTAL EXPENSES
Explanation of Circumstances:
33
Attachment F
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
QUARTERLY REPORT FORM
RECIPIENT: City of Edqewater
Project Number # 1539-38-R
PROJECT LOCATION: Wind Retrofit
DCA ID #: 06HM-7@-06-74-02-035
QUARTER ENDING:
DISASTER NUMBER: FEMA-1539-DR-FL
Provide amount of advance funds disbursed for period (if applicable) $
Provide reimbursement projections for this project:
July-Sep, 200_$
July-Sep, 200_$
Oct-Dee, 200_$
Oct-Dee, 200_$
Jan-Mar,200_$_ Apr-June, 200_$_
Jan-Mar, 200_$
Apr-June, 200_$_
Percentage of Work Completed (may be confirmed by state inspectors):
%
Project Proceeding on Schedule: [] Yes [] No
Describe milestones achieved during this quarter:
Provide a schedule for the remainder of work to project completion:
Describe problems or circumstances affecting completion date, milestones, scope of work, and cost:
Cost Status: [] Cost Unchanged
[ ] Under Budget
[ ] Over Budget
Additional Comments/Elaboration:
NOTE: Department of Community Affairs (DCA) staff may perform interim inspections and/or audits at
any time. Events may occur between quarterly reports, which have significant impact upon your
project(s), such as anticipated overruns, changes in scope of work, etc. Please contact DCA as soon as
these conditions become known, otherwise you may be found non-compliant with your subgrant award.
Name and Phone Number of Person Completing This Form
34
Attachment G
Copyright, Patent and Trademark
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright,
the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the
Agreement provides otherwise.
If any discovery or invention arises or is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the
discovery or invention to the Department for a determination whether patent protection will be sought in
the name of the State of Florida. Any and all patent rights accruing under or in connection with the
performance of this Agreement are hereby reserved to the State of Florida. In the event that any books,
manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department.
Any and all copyrights accruing under or in connection with the performance under this Agreement are
hereby transferred by the Recipient to the State of Florida.
Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual
properties relevant to the performance of this Agreement which he or she knows or should know could
give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing
intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists.
The Department shall then, under Paragraph (b), have the right to all patents and copyrights which occur
during performance of the Agreement.
35
Attachment H
Warranties and Representations
Financial Manaqement
Contractor's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify adequately the source and application of funds for all activities covered
by this contract. These records shall contain information pertaining to grant awards,
authorizations, obligations, un-obligated balances, assets, outlays, income and interest.
(3) Written procedures for determining the reasonableness, allocability and allowability of costs
in accordance with the provisions of the applicable cost principles and the terms and
conditions of this grant.
(4) Accounting records, including cost accounting records that are supported by source
documentation.
Competition
All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical,
open and free competition. The Contractor shall be alert to conflicts of interest as well as noncompetitive
practices among sub-contractors that may restrict or eliminate competition or otherwise restrain trade. In
order to ensure objective sub-contractor performance and eliminate unfair competitive advantage, sub-
contractors that develop or draft specifications, requirements, statements of work, invitations for bids
and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be
made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous
to the Contractor, price, quality and other factors considered. Solicitations shall clearly set forth all
requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the
Contractor. Any and all bids or offers may be rejected when it is in the Contractor's interest to do so.
Codes of Conduct
The Contractor shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of sub-contracts. No employee, officer, or agent shall participate
in the selection, award, or administration of a sub-contract supported by public grant funds if a real or
apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or
agent, any member of his or her immediate family, his or her partner, or an organization which employs or
is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected
for an award. The officers, employees, and agents of the Contractor shall neither solicit nor accept
gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The
standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by
officers, employees, or agents of the Contractor.
Licensinq and Permittinq
All subcontractors or employees hired by the Contractor shall have all current licenses and permits
required for all of the particular work for which they are hired by the Contractor.
36
Attachment I
Certification Regarding
Debarment, Suspension, Ineligibility
and Voluntary Exclusion
Contractor Covered Transactions:
1. The prospective contractor of the Recipient,
certifies, by submission of this document, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation
in this transaction by any Federal department or agency.
2. Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation to this form.
Contractor
Recipient's Name
By:
Signature
DCA Contract Number
Name and Title
Street Address
City, State, Zip
Date
37
AGENDA REQUEST
Date: August 7, 2006
PUBLIC
HEARING
RESOLUTIONS
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
{>(
ITEM DESCRIPTION:
Renewal of Florida Health Care medical/vision group insurance, and Jefferson Pilot Long Term
Disability plan. A proposed change in group dental and life insurance from Guardian Life to
Met Life.
BACKGROUND:
The City's agent of record received quotes on all the employee group insurance coverages for
2006 - 2007. The employees have two health care plans to choose from, an HMO and a POS
(Point of Service) both of which are Premium Plus (Florida Health Care) plans. Renewal of
these plans consists of a 16.6% increase for the HMO and a 16.4% increase for the POS.
Renewal of the long term disability plan with Jefferson Pilot will be of no increased cost to the
City. The employee's dental and life insurance is currently with Guardian Life. They did not
supply a new quote to our agent, however, Met Life quoted the same coverage for less than our
current rates.
STAFF RECOMMENDATION:
Staff recommends the renewal of the City's Florida Health Care plans and the Jefferson Pilot
Disability plan and staff recommends changing to Met Life for dental and life insurance.
ACTION REQUESTED:
Motion to approve continuance of the same Florida Health Care group insurance plans, the
Jefferson Pilot Disability plan, and to change to Met Life for dental and life insurance for the
City employees and authorize the City Manager to sign the appropriate contracts.
FINANCIAL IMP ACT (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
DAT71- ~~.20t1(,
Respectfully submitted,
j ,
YES
NO
AGENDA ITEM NO.
fi-
De orah Sigler, Perso el Director
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City of Edgewater
EMPLOYEE BENEFITS SUMMARY
HEALTH INSURANCE - Florida Health Care - since 10/1/1995
Plan: HMO Premium Plus with Vision
POS Premium Plus with $250 deductible
BENEFITS
$0 copay - PCP
$10 copay - Spec.
$200 per admission
inpatient hospital
Comments: 60% pooled / 40% experience
132 employees on HMO and 64 on the POS
HMO
376.71
644.17
644.17
787.32
POS
436.33
746.12
746.12
911.92
DENTAL INSURANCE - Guardian - since 9/1/1997
Plan: $50 deductible
100% preventive, 80% basic, 50% major
$1,000 annual maximum
Comments: No rate increases since 2002
Changed to contributory on 10-1-2004, 35% minimum participation
Rate: EE 21.26, EE + deps 53.35
LIFE INSURANCE
- Guardian - since 9/1/1997
Plan: Salary; up to $200,000 with a $15,000 minimum
Comments: No rate increases since 2002
Voluntary life available up to $200,000 inclusive
o 50% on spouse and 10% on children
Rate: see attachment (multiplier varies based on employee's age)
LONG TERM DISABILITY
- Jefferson Pilot - since 10/1/2003
Plan: 90 day waiting period
60% of salary up to $5,000 (monthly) maximum
Payable to Social Security eligibility
Comments: Rate guaranteed to 10-01-2006
Rate: 0.44% of total covered payroll per month
CAFETERIA PLAN
- Professional Insurance Corporation (PIC)
Plan: Various supplemental products
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7/17/2006 WEEKLY PAYROLL DEDUCTION
COVERAGE CURRENT 10/01/06 10/01/06
Premium + Premium + Select
HMO 16.6% Increase 14.5% Increase
EE & Child/Spouse - 25% $16.72 $19.50 $19.14
Family - 25% $25.66 $29.92 $29.38
EE & Child/Spouse - 50% $33.43 $38.98 $38.28
Family - 50% $51.33 $59.85 $58.77
EE & Child/Spouse - 100% $66.86 $77.96 $76.55
Family - 100% $102.65 $119.69 $117.53
POS 16.4% Increase 14.3% Increase
EE & Child/Spouse - 25% $19.36 $22.54 $22.13
Family - 25% $29.72 $34.59 $33.97
EE & Child/Spouse - 50% $38.73 $45.08 $44.27
Family - 50% $59.45 $69.20 $67.95
EE & Child/Spouse - 100% $77.45 $90.15 $88.53
Family -100% $118.90 $138.40 $135.90
EE ins deductions 06-07.xls
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