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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 9689Z1H:l' wo::dlp.1l~_ IlCIUeJlIllUlW~ lKllPNlSUO::> . ~WJed . 0ufuuIl1d pue"l . f1u1J8&Ul6u31^1:) ~wil\f ., ~ ~~\ I ~ ~ ~. ~ ~ Ii! ~ < u VI " z o i 900Z l.SIlDIlV mIl. va NV'"Id ~tI~SVW 1I0ffilVH lIt:LL V 1\\3:003: /' "'1/" .. ~' i I __ _________--"_______________~ L___~____JgT~_~~_~:_L:_~__8_~_:_:_:_~Q.~______:~ I' - - i: ~ i i i ,i, i i i i i i i i i i i ,i, I i i i i I i i : _ i I ---,------------.:-------------r--_____ I r-:---------- i 0:: : : : 8 : " " " : 0 i =--- - -, i=' .r.~l i ' " I I ! ' I ________~_____________ , I: r-- - \ ! I '- '~ _, ______--1 ~----r--~ ~ 1- , ! i i: I! I I i , I I I I I' I, " I I I: I Iii i i: I Iii i Ii': I! 'i' 'i' ,it i: I Iii i i: ! Iii i i: I Iii i i: I Iii i i I I " i ~~:__L_"'I . (~ i: [~j._i ~---- I 0 : : : : 8" : : : : ::o! /---:--1 i ' '_..l___________:___________L- i ' i i i I i I i ,it i i i i i i i / L/ ICD ~!~ ~!~ ~~:311:1ElNfM~ ~"'OOY :3'1l:tl~ IW'S "AS CBUnIO it I i h i ~ MWO ';'Ul Q3Nf)fS3(1 .oo~ ..~ :3"W:JS' 1I&W.'3.I.VO~ """"""" ~i"""" '\. wra '.:~ 'rid gc:a:,. 9OOlI9rJl '~If1OAe1.llMp"lcllS-HX3t0'C0909O\t\t't09O\~:::> 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 Sty tick thtOtlgh passages are deleted. Underlined passages are added. 6 ~ C'G ~ 1: o ::IE <lz f ~ ~ :t:: E: 13 ::J .?5., >. -g ~i 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 J' " 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> ---..--- .. 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 '1- .. 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 Stl tick tilt Otlgh 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(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 Stl tick till 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 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 Stl tick tlu otlgh 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 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 Stltlck thlongh passages are deleted. Underlined passages are added. 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 Stl tick till otlgh passages are deleted. Underlined passages are added. 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 Sh tIck tin otlgh passages are deleted. Underlined passages are added. 6 ~ "' III Us 1: o ::IE €' <Il ~ l -" :3 ~ --........)z e ~ ~i 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 ~ Cll m U5 1: o ~ i .~ l .---1 :5 li "'-..1 z :S .g ~i 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: StlUck tlnough passages are deleted. Underlined passages are added. 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 Stltlck th10tlgh passages are deleted. Underlined passages are added. 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: StlUGk tmough passages are deleted. Underlined passages are added. 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 Shuck tll10ugh passages are deleted. Underlined passages are added. 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 Stmck tluough passages are deleted. Underlined passages are added. 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 Stmck th1oug,h passages are deleted. Underlined passages are added. 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): Stltlck thlongh passages are deleted. Underlined passages are added. 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 StI tick tht ongh passages are deleted. Underlined passages are added. 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 Stmek tln:ough passages are deleted. Underlined passages are added. 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 Struck t:lnongh passages are deleted. Underlined passages are added. 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 Snuck thtough passages are deleted. Underlined passages are added. 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 Sb tIck till otIgh passages are deleted. Underlined passages are added. 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 Stmck tll10ngh passages are deleted. Underlined passages are added. 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,~ '.~ .~ ..~ ," \ .;;$; ~:.-. ',.' .;;.; ::'~';;'-:.f.H'~:~.:;-i '-1',...... :. . "".v. (BOAm> , AGENCY ANi:)'G~T.TE~ ,$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<," ~ ";;'....,, .. '" 1 ''J f1'.,.( >j.l 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 , 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; '. .".~' .;. 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 .', -," ,.....' -'.. Are you a r~cjistered V:8f:i:rit'? .Vh S .~:'! '-. :.-.....,.",-.-.-...,-...,.-..-.. "C'--.':-..", .":.-,' ,. Do you,' hold public (;>f'fi$~;~ .' Are y.6u employed by th~City?;..."Wft . '\~:;n.,~. /l(t) At. the.pre..s....,~.rt.t..'. '" t ...i.m. ...e..-A. .... ...d. Q..............y.p...'..u...'....,..s.e. ..1;.V. ...~...,....6.'.....n............ .....<I,.n..... y. ....,0... t....h.....e...,Jj......,...B......o.'.a.:r.. 0.58.,.,. ..Agf:lncies, or committees?,V'P'~,..;".<<.i].f.sciili5teaoh:. '.' I:ftJl- TiP I e",,/o ff.-' U AJ t> IZ ~ ..'J;,Fi-SiL.jl~~ ..<J;,;;j~l?.l(ij~ ..... , Have you, e;v..er serv..e....d.. ....?n........an.".y.boards/agencies...l or comm.,..itt,e....es?_ If so, hst each: '.' ':1''F.;f3..7 .s //Ve..,g. .... / 'L.91- ,.,C Ili4-t~('i-C> Th fZ- 13/i,4 7;.j!'-I;(?.'~1;.f~ ,,1& !3 b ~ ~"&...... . ." 'R p 9 p o/ls J B.,'t. /Z. / ,y " " .,,-,--. ,'" '. . BEAUT,?,,.;&- 6..>1 .l:1!t.t:>1~}. - ,4wl> Dtht'es (BOARD, AGENCX AND COMMITTEE MEMBERS MAY BER'EQVIR.ED TO FILE THE STATE, FINANCIAL riIS~LOSURE FORMS E1\ClIYEAR) WITH _ANIMAL CONTROL BOARD _____GENERAL EMPLOYEES PENSION BOARD ~LAND DEVELOPMENT & REG, AGENCY _____BEAUTIFICATION & TREE COMMITTEE _____CITIZEN CODE ENFORCEMENT BOARD _____LIBRARy BOARD _____CONSTRUCTION REGULATION BOARD _PARKS & RECREATION BOARD _____ECONOMIC DEVELOPMENT BOARD _____POLICE PENSION BOARD _____FIREFIGHTERS PENSION BOARD SIGNATURE~ ~. _____VETERANS PARK ADV. COMMITTEE .. SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES.. DATE: '7 //7/ ~ / / THE CITY OF EDGE WATER POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100 APPLICATION. FOR APPOINTMENT 'TO CITY BOARDS OR COMMITTEES, NAME ~&9.~.R/ #.bYvr.l8"'o/ ,KPCffaJ.-97R;€ ADDRESS 7t7c:P. 'E.,,4/-pg~~/,'. ",t/;l..N:Z g~/~ / HOME PHoNa.3A2tG- -f-..:?~~$'"~~ 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. ::::::::-:-:-:.:-:. - . . . ........ . . :;(:";";";/ .- . .......... , " }}}}}:}:}}}}:}:}:}} . . . . . 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 - , . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . ::~::::/:::: : : : : : : . .' : : : : : : : : : : : : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ::I " , " 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 I I I I I ::j"-j (,) I ;:> I e:::: u...; C/) I ,--< I <( v I Z, ~t I :z ~J..; I i-i_ c:r.:~ I [J.J ).'T"' ",1., , t '".i 'Z: <r; r I 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 - I I I I I I I I I I I I C\I C\I co 0 0 0 01:1 I C\I C\I COLO 00 o . o ...- I I If Q)~~ Cl~ ~ CLO'<t III .c o ~ ~~~ MOOO cvi"':o 0> co 0> LO ...-'<t ~~~ CO'<tT""" '<tCO'<t t--t-- 0> 0> 00 :5 ~ .g ~~ ~ .E .ciiiEou - Ec III !!J OJQ)OJu... 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