08-21-2006
o
o
V oting Order
Councilman Vincenzi
Councilwoman Rhodes
Councilwoman Lichter
Mayor Thomas
Councilwoman Rogers
CITY COUNCIL OF EDGEW A TER
AGENDA
REGULAR MEETING
August 21, 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. APPROV AL OF MINUTES - None at this time.
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CER TIFICA TES/DONA TION
A. Representative Dorothy Hukill presenting a ceremonial check for a FRDAP
Grant in the amount of $200,000.
B. Interim Chief Taves presenting "Officer ofthe Quarter" plaque (sponsored by
the Miami Tract Hunt Club) to Officer Alan Clark.
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, the City of Edgewater requesting Amendment No.1 to the
Development Agreement for ParkTowne Industrial Center.
B. Public Hearing, Tom Corbett, agent for Federal Trust Bank, requesting site plan
approval for construction of a 26,691 square foot retail center with an out-
parcel designated for a 3,000 square foot financial institution in accordance
with Section 21-93.03(e).
Large Scale Comprehensive Plan Amendments: the ordinances listed below were
transmitted to the Florida Department of Community Affairs on April 18, 2006 (with the
exception of 6F), and will be heard for second reading September 11,2006.
C. 2nd Reading, Ord. No. 2006-0-10, City of Edgewater requesting amendments
to the data and analysis, and the Goals, Objectives and Policies within the
Future Land Use, Conservation and Coastal Elements of the Comprehensive
Plan, 1 sl reading 4/17/06, item 6C.
D. 2nd Reading, Ord. No. 2006-0-11, City of Edge water requesting an amendment
to the Comprehensive Plan Future Land Use Map to include 17.63::!: acres of
property located southwest of the Edgewater Lakes Subdivision Phase I a
(Northstar Lane) as Public/Semi-Public with Conservation Overlay, 1 sl reading
4/17/06, item 6D.
o
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City Council Agenda
August 21, 2006
Page -2-
6. Public Hearings, Ordinances and Resolutions Cont.
E. 2nd Reading, Ord. No. 2006-0-13, Targator Partners, LLC requesting an
amendment to the Comprehensive Plan Future Land Use Map to include 2.67:!::
acres of land located along Falcon Avenue, west of Riverside Bank as High
Density Residential, 1 sl reading 4/17/06, item 6F.
F. 2nd 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,
1 Sl reading 5/1/06, item 6A.
Small Scale Comprehensive Plan Amendments:
G. 2nd Reading, Ord. No. 2006-0-15, Tom Corbett, agent for Federal Trust Bank,
requesting an amendment to the Comprehensive Plan Future Land Use Map to
include A5::!: acres of land located west of US 1 and south of 1900 S.
Ridgewood Avenue as Commercial, 1 sl reading 5/15/06, item 6A.
Rezonings:
H. 1 sl Reading, Ord. No. 2006-0-16, Tom Corbett, agent for Federal Trust Bank,
requesting an amendment to the Official Zoning Map to include A5::!: acres of
land located west of US1 and south of 1900 S. Ridgewood Avenue as B-3
(Highway Commercial).
Ordinances:
I. 1 sl Reading, Ord. No. 2006-0-30, proposing an Amendment to the Charter of
the City of Edgewater providing for exceptions to the prohibition against new
building heights in excess of 35 feet.
J. 1 sl Reading, Ord. No. 2006-0-32, proposing an Amendment to the Charter of
the City of Edge water amending Section 3 .11 (b) (Rules and Journal) to provide
that City Council meetings shall include one period for "Citizen Comments"
to be determined by City Council in lieu to two periods at the beginning of the
meeting and directly prior to adjournment.
Resolutions:
K. Res. No. 2006-R-06, objecting to certain amendments to the Volusia County
Charter proposed by the V olusia County Charter Review Commission and
authorizing the City Manager to expend money in opposition to inform the
citizens of Edgewater.
L. Res. No. 2006-R-07, authorizing and directing that a proposed Charter
Amendment related to maximum building heights be submitted to the electors
of the City of Edgewater at the November 7, 2006 General Election as
requested by Edgewater Citizen's Alliance for Responsible Development, Inc.
M. Res. No. 2006-R-08, amending the Personnel Policies and Procedures Manuals
for GenerallNon-Management Personnel, Supervisory Personnel and
Directors/Deputy Directors.
7. BOARD APPOINTMENTS - None at this time.
8. CONSENT AGENDA - None at this time.
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City Council Agenda
August 21, 2006
Page -3-
9. OTHER BUSINESS
A. FRDAP Grant - staff recommending approval for the City to enter into a
Project Agreement with the State of Florida Department of Environmental
Protection for grant funding in the amount of $200,000 for Kennedy Park
upgrades and authorize the Mayor or City manager to execute the Agreement.
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 September 11,2006, agenda must be received by the City
Manager's office no later than 4:30 p.m Fridav, September 1, 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.
/n accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of
these proceedings should contact City Clerk Susan Wadsworth, /04 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 /-800-955-877/.
I:\liz _ docs\agendas\082I 06reg
AGENDA REQUEST
CM 2006 -77
Date: August 10, 2006
PUBLIC
HEARING Auzust 21, 2006 RESOLUTION
BOARD
APPOINTMENT
CONSENT
ITEM DESCRIPTION
The City of Edgewater requesting Amendment No
Industrial Center.
ORDINANCE
OTHER
BUSINESS
1 to the Development Agreement for ParkTowne
BACKGROUND
In February 2003 an agreement was entered into between the City of Edgewater, Oscar Zeller and
Julian Greene, Massey Enterprises, Scott and Jennifer Porta and Dr. Leslie and Rite Morgan
(collectively the "Owners ") to develop ParkTowne Industrial Center.
There is a .9 acre parcel at the northern most end of ParkTowne abutting lot Street that Volusia
County has requested to purchase for the purpose of right -of -way due to the widening of 10"' Street.
The City of Edgewater is requesting to exclude this parcel from the boundaries of ParkTowne since
no structure is to be built.
Also requesting the addition of "Concrete Batch Plants" as a permitted use for development in Area
"B" and set the maximum building height in Area "B" to 80 feet up from 60 feet. This will allow
for the construction of silos associated with the concrete batch plant. The silos are not intended for
human occupancy.
In the interest of proper on -site vehicular traffic circulation and its relation to pedestrian safety,
permitting two (2) points of access on any lot or parcel.
STAFF RECOMMENDATION
Staff recommending approval to exclude .9 acre of property from the ParkTowne Industrial Center
boundaries; add Concrete Batch Plants as a permitted use for development in Area "B ", set
maximum height to 80 feet in Area `B ", and permit two (2) points of access on any lot or parcel.
ACTION REOUESTED
Motion to approve Amendment No. 1 with the condition that the revised legal description is attached
as Exhibit A and authorize negotiation for signatures to be obtained from the Owners.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED
1: \I iz_docs \agendareq uests\ ParkTowneDevAgreementAmendmentNo. l
PREVIOUS AGENDA ITEM: YES NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
lizabeth . McBri e
As ' ity Manager
Robin L. Matusick
Paralegal
Interim City Manager
I: \l iz_ docs\ agendarequests\ ParkTowneDevAgreementAmendmentNol
THIS INSTRUMENT PREPARED BY:
Paul E. Rosenthal, Esquire
FOLEY & LARNDER, LLP
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
DEVELOPMENT AGREEMENT
PARKTOWNE INDUSTRIAL CENTER
Amendment No. 1
THIS AGREEMENT is made and entered into this day of , 2006 by
and between, the CITY OF EDGEWATER, 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 OSCAR ZELLER and JULIAN GREENE, whose mailing address is P.O. Box
205, New Smyrna Beach, Florida 32170, MASSEY ENTERPRISES, whose mailing address is
P.O. Box 949, New Smyrna Beach, Florida 32170, SCOTT S. and JENNIFER P. PORTA, whose
mailing address is 200 Dale Street, Edgewater, Florida 32132, DR. LESLIE and RITA MORGAN,
whose address is 570 Via Lugano, Winter Park, Florida 32789, (collectively the "Owners "). The
term "Owners" shall include the above referenced parties' heirs, assignees and successors in right,
title or interest thereof.
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth
herein and other good and valuable consideration, the parties agree as follows:
The legal description is hereby amended pursuant to the attached revised Exhibit A which
reflects a .9+ acre parcel that has been removed for the purpose of future right -of -way.
4. DEVELOPMENT USES PERMITTED
AREA "B"
Concrete Batch Plant
(PIC Development Agreement - Amend #1) 1
10. DEVELOPMENT REQUIREMENTS
C. Building Height
6$ to 80 feet maximum building height in Area "B"
Proposed building heights shall comply with Federal Obstruction Standards as
defined in the Federal Aviation Regulations.
G. Driveways
In the interest of proper on -site vehicular traffic circulation and its relation to
pedestrian safety, two (2) points of access shall be permitted on any lot or parcel.
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 written
consent of the City Manager and by a majority of a quorum, as defined in the "Bylaws of
ParkTowne Industrial Center Owners Association, Inc. ", of the Owners. Substantial changes, as
determined by the City Manager, shall require approval from the City Council.
In all other respects, the terms and conditions of that certain Development Agreement dated
February 3, 2003, and recorded on May 8, 2003, at Official Records Book #5070, Pages 2930
through 2953, and re- recorded April 18, 2005, at Official Records Book #5534, Pages 1733 through
1761, shall remain in full force and effect with the exception of the Legal Description recorded April
18, 2005, at Official Records Book #5534, Pages 1757 and 1758.
IN WITNESS WHEREOF, the parities have caused this Amendment to the Development
Agreement to be made and entered into the day and year first written above.
[SIGNATURE PAGES TO FOLLOW]
(PIC Development Agreement - Amend #1) 2
AGENDA REQUEST
CM 2006 -77
Date: August 10, 2006
PUBLIC
HEARING August 21, 2006 RESOLUTION
BOARD
APPOINTMENT
CONSENT
ITEM DESCRIPTION
The City of Edgewater requesting Amendment No
Industrial Center.
ORDINANCE
OTHER
BUSINESS
1 to the Development Agreement for ParkTowne
BACKGROUND
In February 2003 an agreement was entered into between the City of Edgewater, Oscar Zeller and
Julian Greene, Massey Enterprises, Scott and Jennifer Porta and Dr. Leslie and Rite Morgan
(collectively the "Owners ") to develop ParkTowne Industrial Center.
There is a .9 acre parcel at the northern most end of ParkTowne abutting 10 Street that Volusia
County has requested to purchase for the purpose of right -of -way due to the widening of 10 Street.
The City of Edgewater is requesting to exclude this parcel from the boundaries of ParkTowne since
no structure is to be built.
Also requesting the addition of "Concrete Batch Plants" as a permitted use for development in Area
"B" and set the maximum building height in Area "B" to 80 feet up from 60 feet. This will allow
for the construction of silos associated with the concrete batch plant. The silos are not intended for
human occupancy.
In the interest of proper on -site vehicular traffic circulation and its relation to pedestrian safety,
permitting two (2) points of access on any lot or parcel.
STAFF RECOMMENDATION
Staff recommending approval to exclude. 9 acre of property from the ParkTowne Industrial Center
boundaries; add Concrete Batch Plants as a permitted use for development in Area "B ", set
maximum height to 80 feet in Area "B ", and permit two (2) points of access on any lot or parcel.
ACTION REQUESTED
Motion to approve Amendment No. 1 with the condition that the revised legal description is attached
as Exhibit A and authorize negotiation for signatures to be obtained from the Owners.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
I: \I iz_ docs\ agendarequests\ ParkTowneDevAgreementAmendmentNo .1
PREVIOUS AGENDA ITEM: YES NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
lizabeth . McBri e
As ' ity Manager
Robin L. Matusick
Paralegal
Interim City Manager
L \I iz_ docs\ agendarequests\ ParkTowneDevAgreementAmendmentNo .1
THIS INSTRUMENT PREPARED BY:
Paul E. Rosenthal, Esquire
FOLEY & LARNDER, LLP
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
DEVELOPMENT AGREEMENT
PARKTOWNE INDUSTRIAL CENTER
Amendment No. 1
THIS AGREEMENT is made and entered into this day of , 2006 by
and between, the CITY OF EDGEWATER, 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 OSCAR ZELLER and JULIAN GREENE, whose mailing address is P.O. Box
205, New Smyrna Beach, Florida 32170, MASSEY ENTERPRISES, whose mailing address is
P.O. Box 949, New Smyrna Beach, Florida 32170, SCOTT S. and JENNIFER P. PORTA, whose
mailing address is 200 Dale Street, Edgewater, Florida 32132, DR. LESLIE and RITA MORGAN,
whose address is 570 Via Lugano, Winter Park, Florida 32789, (collectively the "Owners "). The
term "Owners" shall include the above referenced parties' heirs, assignees and successors in right,
title or interest thereof.
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth
herein and other good and valuable consideration, the parties agree as follows:
The legal description is hereby amended pursuant to the attached revised Exhibit A which
reflects a .9+ acre parcel that has been removed for the purpose of future right -of -way.
4. DEVELOPMENT USES PERMITTED
AREA "B"
Concrete Batch Plant
(PIC Development Agreement - Amend 4 1) 1
10. DEVELOPMENT REQUIREMENTS
C. Building Height
60 to 80 feet maximum building height in Area `B"
Proposed building heights shall comply with Federal Obstruction Standards as
defined in the Federal Aviation Regulations.
G. Driveways
In the interest of proper on -site vehicular traffic circulation and its relation to
pedestrian safety, two (2) points of access shall be permitted on any lot or parcel.
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 written
consent of the City Manager and by a majority of a quorum, as defined in the "Bylaws of
ParkTowne Industrial Center Owners Association, Inc. ", of the Owners. Substantial changes, as
determined by the City Manager, shall require approval from the City Council.
In all other respects, the terms and conditions of that certain Development Agreement dated
February 3, 2003, and recorded on May 8, 2003, at Official Records Book #5070, Pages 2930
through 2953, and re- recorded April 18, 2005, at Official Records Book 95534, Pages 1733 through
1761, shall remain in full force and effect with the exception of the Legal Description recorded April
18, 2005, at Official Records Book #5534, Pages 1757 and 1758.
IN WITNESS WHEREOF, the parities have caused this Amendment to the Development
Agreement to be made and entered into the day and year first written above.
[SIGNATURE PAGES TO FOLLOW]
(PIC Development Agreement - Amend #1) 2
AGENDA REQUEST
Date: August 10, 2006
PUBLIC
HEARING August 21, 2006 RESOLUTION
BOARD
APPOINTMENT
CONSENT
ORDINANCE
OTHER
BUSINESS
ITEM DESCRIPTION: Tom Corbett (Florida Concepts, Inc.) acting as applicant /agent for Federal Trust
Bank is requesting approval of a site plan for construction of a 26,691 square foot retail center with an
out-parcel designated for a 3,000 square foot financial institution in accordance with Section 21-93.03 (e).
OWNER /APPLICANT: Owner, Federal Trust Bank
REQUESTED ACTION: Approval of a site plan in accordance with Section 21-81.01 (m) and 21-93.03
(e) of the City of Edgewater Land Development Code.
PROPOSED USE: Construction of a 26,691 square foot retail center with an out - parcel designated for a
3,000 square foot financial institution
LOCATION: Tax Parcel Identification Number 8402 (South Ridgewood Avenue — south of
existing Bank of America, located at 1900 South Ridgewood Avenue)
AREA: ±4.50 acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Commercial
ZONING DISTRICT: B-3 (Highway Commercial)
VOTING DISTRICT: 2
SURROUNDING AREA:
Background: A site plan was submitted to the Planning Department for this project on December 5,
2005. The Technical Review Committee (TRC) met on January 10, 2006 to discuss each City
department's comments generated by their review of the site plan. These comments included but were
not limited to: stormwater, parking, landscaping, building and fire safety. The Development Services
Department is awaiting resubmittal of a site plan addressing the comments discussed at the January
TRC meeting.
council agenda request site plan
Current Land Use
FLUMDesi nation
Zoni i2g District
North
Commercial (Bank of
Commercial
B-3 (Highway Commercial)
America)
East
Commercial (Family
Commercial
B - 3 (Highway Commercial)
Dollar)
South
Vacant
Commercial
B-3 (Highway Commercial)
West
Single Family
Medium Density Residential
R -2 (Single Family
Residential
Residential) and R-4
(Multifamily Residential)
Background: A site plan was submitted to the Planning Department for this project on December 5,
2005. The Technical Review Committee (TRC) met on January 10, 2006 to discuss each City
department's comments generated by their review of the site plan. These comments included but were
not limited to: stormwater, parking, landscaping, building and fire safety. The Development Services
Department is awaiting resubmittal of a site plan addressing the comments discussed at the January
TRC meeting.
council agenda request site plan
This parcel previously had a split Future Land Use and Zoning designation; the majority of the parcel has a Future Land
Use of Commercial and was zoned B -3 (Highway Commercial). A small portion of the site, approximately .45 acres
consisted of a Future Land Use of Low Density Residential and was zoned R -2 (Single Family Residential zoning). At
the March 8, 2006 Planning and Zoning Board meeting, the Board voted 7 -0 to send a favorable recommendation to City
Council for the land use and zoning map amendments to modify said .45f acres as Commercial and B -3 (Highway
Commercial). At the regularly scheduled meeting of May 15, 2006, the first readings of the Comprehensive Plan
Amendment (2006 -0 -15) and Rezoning (2006 -0 -16) were approved. Second reading for these ordinances will be
conducted at regularly scheduled meeting of August 21, 2006.
Land Use Compatibility: Development of two retail/professional buildings is compatible with the current
commercial land usage along US Highway 1.
Adequate Public Facilities: City water and sewer are available to this site. This site will have access via
South Ridgewood Avenue. All other concurrency standards shall be fulfilled prior to final site plan
approval.
Natural Environment: A Threatened and Endangered Species Assessment provided to the City on
December 19, 2005 indicated the property does not provide suitable habitat for listed threatened or
endangered species.
Other Matters: Prior to development, the Technical Review Committee must approve the proposed site
plan.
STAFF RECOMMENDATION:
Staff recommends site plan approval for .45t acres of land located west on US Highway 1 and south of
1900 South Ridgewood Avenue, to be known as Middletown Plaza, on the condition that all staff
comments are satisfactorily addressed prior to on-site development.
MOTION:
Motion for site plan approval for .45f acres of land located west on US Highway 1 and south of 1900
South Ridgewood Avenue, to be known as Middletown Plaza, on the condition that all staff comments are
satisfactorily addressed prior to on development.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
DATE:
YES NO X
AGENDA ITEM NO.
Respectfully Submitted By:
Darren Lear
Development
Robin Matusick
Director Paralegal
An Williams
Interim City Manager
council agenda request site plan
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AGENDA REQUEST
Date: August 9, 2006
PUBLIC
HEARING August 21, 2006
RESOLUTION
ORDINANCE X
OTHER
BUSINESS
BOARD
APPOINTMENT CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2006
Tom Corbett, requesting an amendment to the
Comprehensive Plan Future Land Use Map to include
.45t acres of land located west of US Highway 1, and
south of 1900 S. Ridgewood Avenue as Commercial.
OWNER: Federal Trust Bank
APPLICANT: Tom Corbett
REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property
as Commercial.
LOCATION: West of US Highway 1, south of 1900 S. Ridgewood Avenue
AREA: .45± acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Medium Density Residential
ZONING DISTRICT: R-4 (Multi-Family Residential)
PROPOSED USE OF PROPERTY: Retail shopping center and financial institution
VOTING DISTRICT: 3
'NI l;
CPA -0606 - Middletown Plaza 1
Current Use
Future Land Use Map
Zoning District
Designation
Shopping
North
Center /Financial
Commercial
B-3 (Highway Commercial)
Institution
Vacant, Retail and
Commercial
B-3 (Highway Commercial)
East
Restaurant
Commercial and Medium
B-3 (Highway Commercial)
South
Vacant
Density Residential
and R (Multi
Residential)
Single-Family
Low Density Residential
R (Single
West
Residential
Residential)
CPA -0606 - Middletown Plaza 1
Background:
This property is located to the south of the Florida Shores Shopping Plaza and the Bank of America site. The
applicant is proposing to develop a retail-shopping plaza, with an out-parcel designated for a financial
institution. This parcel currently has a split Future Land Use and Zoning designation; the majority of the parcel
has a Future Land Use of Commercial and is zoned B -3 (Highway Commercial). A small portion of the site,
approximately .45 acres has a Future Land Use of Low Density Residential and is zoned R-2 (Single — Family
Residential).
At their regular meeting of March 8, 2006 the Planning and Zoning Board voted 7-0 to send a favorable
recommendation to City Council for the proposed amendment.
At first reading on May 15, 2006 City Council voted to approve this request. Subsequently the proposed
amendment was sent to the Volusia Growth Management Commission and all required local agencies for
review and certification. On August 2, 2006 staff received a letter certifying the amendment. Following
adoption the amendment will be forwarded to the Florida Department of Community Affairs for their
records.
Land Use Compatibility:
The proposed amendment to include this property is compatible with the surrounding commercial area along US
Highway 1.
Adequate Public Facilities:
This site has access to US Highway 1, an arterial roadway system. City water and sewer is available to the
site.
Natural Environment:
A Threatened and Endangered Species Assessment provided to the City on December 19, 2005 indicated the
property does not provide suitable habitat for listed threatened or endangered species.
Consistency with Comprehensive Plan:
A small portion of this property has a Future Land Use designation of Medium Density Residential; the majority
of the site is Commercial. Therefore, amending the residential portion of the property to Commercial provides
consistency with the intent of the Future Land Use Element of the Comprehensive Plan, particularly Policy 1.6.4
which states "Land uses that may generate high traffic counts shall be encouraged to locate adjacent to arterial
roads and mass transit systems."
Other Matters:
There are no other known matters associated with this site.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2006 -0-15; an amendment to the Comprehensive Plan Future Land
Use Map to include .45f acres of land located west of US Highway 1, south of 1900 S. Ridgewood Avenue as
Commercial.
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-15.
PREVIOUS AGENDA ITEM: YES X NO
DATE: 5-15-06 AGENDA ITEM NO. 6A
Respe fully Submitted By:
- . A
Darren LeaV Robin Matusick on Williams
Development Services Director Paralegal Interim City Manager
CPA -0606 - Middletown Plaza 2
ORDINANCE NO. 2006 -0 -15
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
MEDIUM DENSITY RESIDENTIAL TO CITY
COMMERCIAL FOR PROPERTY LOCATED WEST OF U. S.
HIGHWAY NO. 1, SOUTH OF 1900 SOUTH RIDGEWOOD
AVENUE, EDGEWATER, FLORIDA; PROVIDING FOR
FINDINGS OF CONSISTENCY; AMENDING THE FUTURE
LAND USE MAP; PROVIDING FOR FILING WITH THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE
VOLUSIA 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. Tom Corbett, Florida Concepts, Inc. (agent) on behalf of Federal Trust Bank,
owner /applicant for property located West of U. S. Highway No. 1, South of 1900 South Ridgewood
Avenue, Edgewater, Florida. Subject property contains approximately 0.45+ acres more or less.
2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the
owners /applicants are requesting a Comprehensive Plan Amendment for the subject property. The
requested Amendment would change the Future Land Use Map designation from County Medium
Density Residential to City Commercial for the property described herein.
3. On March 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 -15
';truer tltren + passages are deleted.
Underlined passages are added. 1
7 to 0, recommended that the City Council approve the request.
4. In a letter dated April 28, 2006 and August 3, 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 May 15, 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 August 21, 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,
August 10, 2006.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEWATER , 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 Edgewater,
Florida regulating and restricting the use of lands 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 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 -15
Strnek throuo 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 -15
Passages are deleted.
Underlined passages are added. 3
PART H. ADOPTION.
After Motion for approval by Councilwoman Rhodes and Second by Councilwoman Lichter,
the vote on the first reading of this ordinance held on May 15, 2006 is as follows:
AYE NAY
Mayor Mike Thomas
Councilman Debra Jean Rogers
Councilman Dennis Vincenzi
X
X
ABSENT
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
X
X
After Motion by and Second by
the vote on the second reading of this ordinance was as follows:
AYE
Mayor Mike Thomas
Councilman Debra Jean Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
NAY
2006 -0 -15
passages are deleted.
Underlined passages are added. 4
PASSED AND DULY ADOPTED this 21 st day of August, 2006.
ATTEST:
Susan J. Wadsworth
City Clerk
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: 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 21 st day
of August, 2006 under Agenda Item No.
6
2006 -0 -15
Struck tlituagk passages are deleted.
Underlined passages are added.
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of
Florida.
A part of U.S. Government Lot 3, Section 2, Township 18 South, Range 34 East, Volusia County,
Florida and being more particularly described as follows:
Commence at the intersection of the Southerly R/W line of Indian River Boulevard, 65 foot R/W,
and also known as State Road #442, as shown on map in Map Book 23, Page 57 of the Public
Records of Volusia County, Florida and the Westerly R/W line of U.S. Highway No. 1, a 158 foot
R/W as now laid out; thence S 29 °00'30" E along the said Westerly R/W, a distance of 547.31 feet
to the PC of a curve concave to the West; thence Southerly along said curve having a radius of
11,333.35 feet a central angle of 1'39'54", an arc distance of 329.34 feet for the Point of Beginning;
thence continuing along said curve having a radius of 11,333.35 feet, a central angle of 0 °38'36 ",
an arc distance of 127.25 feet to the PT of said curve; thence continuing along the Westerly R/W
and along the tangent of the previously described curve S 26 °42'00" E, a distance of 407.75 feet;
thence S 89 °35'34" W, a distance of 593.42 feet; thence N 0 °07'59" E, a distance of 299.98 feet;
thence N 62 °39'16" E, a distance of 395.93 feet to the Point of Beginning.
Containing 0.45 + acres more or less.
2006 -0 -15
Passages are deleted.
Underlined passages are added. 6
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6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. 1 st Reading, Ord. No. 2006 -0 -15, Tom Corbett,
agent for Federal Trust Bank, requesting an
amendment to the Comprehensive plan Future Land
Use Map to include .45 acres of land located
west of US1 and south of 1900 S. Ridgewood Avenue
as Commercial
City Attorney Rosenthal read Ord. 2006 -0 -15 into the
record.
Interim City Manager Williams made a staff presentation.
Kimberly Buck, Allen Engineering Group, representing the
applicant, was present to answer any questions.
Due to there being no comments, Mayor Thomas opened and
closed the public hearing.
Councilwoman Rhodes moved to approve Ord. 2006 -0 -15, Tom
Corbett, agent for Federal Trust Bank, requesting an
amendment to the Comprehensive plan Future Land Use Map to
include .45+ acres of land located west of US1 and south of
1900 S. Ridgewood Avenue as Commercial, second by
Councilwoman Lichter.
The MOTION CARRIED 4 -0
B. 1 st Reading, Ord. No. 2006 -0 -16, Tom Corbett,
agent for Federal Trust Bank, requesting an
amendment to the Official Zoning Map to include
.45+ acres of land located west of US1 and south
of 1900 S. Ridgewood Avenue as B -3 (Highway
Commercial)
City Attorney Rosenthal read Ord. 2006 -0 -16 into the
record.
Due to there being no comments, Mayor Thomas opened and
closed the public hearing.
Page 7 of 33
Council Regular Meeting
May 15, 2006
AGENDA REQUEST
PUBLIC
HEARING May 15, 2006
BOARD
APPOINTMENT,
ITEM DESCRIPTION:
Pt Reading - Ordinance No. 2006
OWNER: Federal Trust Bank
APPLICANT: Tom Corbett
Tom Corbett, requesting an amendment to the
Comprehensive Plan Future Land Use Map to
include .45t acres of land located west of US
Highway 1, and south of 1900 S. Ridgewood
Avenue as Commercial.
REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include
property as Commercial.
LOCATION: West of US Highway 1, south of 1900 S. Ridgewood Avenue
AREA: .45± acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Medium Density Residential
ZONING DISTRICT: R-4 (Multi-Family Residential)
PROPOSED USE OF PROPERTY: Retail shopping center and financial institution
VOTING DISTRICT: 3
SURROUNDING AREA:
Date: May 4, 2006
RESOLUTION
ORDINANCE X
OTHER
CONSENT BUSINESS
CPA -0606 - Middletown Plaza 1
Current Use
Future Land Use Map
Zoning District
Designation
Shopping
North
Center /Financial
Commercial
B (Highway Commercial)
Institution
Vacant, Retail and
Commercial
B (Highway Commercial)
East
Restaurant
B - 3 (Highway Commercial)
South
Vacant
Commercial and Medium
Density Residential
and R (Multi
Residential)
Single-Family
Low Density Residential
R (Single
Residential)
West
Residential
Date: May 4, 2006
RESOLUTION
ORDINANCE X
OTHER
CONSENT BUSINESS
CPA -0606 - Middletown Plaza 1
Background:
This property is located to the south of the Florida Shores Shopping Plaza and the Bank of America site.
The applicant is proposing to develop a retail-shopping plaza, with an out-parcel designated for a
financial institution. This parcel currently has a split Future Land Use and Zoning designation; the
majority of the parcel has a Future Land Use of Commercial and is zoned B-3 (Highway Commercial). A
small portion of the site, approximately. 45 acres has a Future Land Use of Low Density Residential and
is zoned R-2 (Single — Family Residential).
At their regular meeting of March 8, 2006 the Planning and Zoning Board voted 7-0 to send a
favorable recommendation to City Council for the proposed amendment.
Land Use Compatibility:
The proposed amendment to include this property is compatible with the surrounding commercial area
along US Highway 1.
Adequate Public Facilities:
This site has access to US Highway 1, an arterial roadway system. City water and sewer is available
to the site.
Natural Environment:
A Threatened and Endangered Species Assessment provided to the City on December 19, 2005
indicated the property does not provide suitable habitat for listed threatened or endangered species.
Consistency with Comprehensive Plan:
A small portion of this property has a Future Land Use designation of Medium Density Residential; the
majority of the site is Commercial. Therefore, amending the residential portion of the property to
Commercial provides consistency with the intent of the Future Land Use Element of the Comprehensive
Plan, particularly Policy 1.6.4 which states "Land uses that may generate high traffic counts shall be
encouraged to locate adjacent to arterial roads and mass transit systems."
Other Matters:
Since the proposed site plan exceeds 25,000 square feet, it shall be reviewed by the Planning and
Zoning Board at a later date for recommendation to City Council.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2006-0 - 15; an amendment to the Comprehensive Plan
Future Land Use Map to include .45± acres of land located west of US Highway 1, south of 1900 S.
Ridgewood Avenue as Commercial.
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-15.
PREVIOUS AGENDA ITEM:
DATE
Res ectfully Subm' ted By:
Da en ear
Development Services Director
YES
AGENDA ITEM NO.
NO X
Robin Matusick Jon Williams
Paralegal Interim City Manager
CPA -0606 - Middletown Plaza
THE CITY OF EDGEWATER f111-
POST OFFICE BOX 100 • EDGEIJATER, FLORIDA 32132 -0100
June 7, 2006
Ms. Merry Chris Smith
Volusia Growth Management Commission
135 International Speedway Boulevard, Suite 19
Daytona Beach FL 32118
RE: Ordinance No. 2006 -0 -15 (Small Scale Future Land Use Map Amendment)
Dear Ms. Smith:
Enclosed is an application for Comprehensive Plan Consistency Certification. This
adopted amendment consists of one (1) amendment, which was approved at first reading
on May 15, 2006, containing .45± acres of land.
Please contact me at 386 - 424 -2412 if you have any questions regarding this application.
Thank you for your cooperation in this matter.
Si erely,
a�rlt;�
Darren Lear, AICP
Development Services Director
Enclosures
cc: City of New Smyrna Beach
County of Volusia
COMMISSION USE ONLY
Date received
VGMC case #
App. Complete:
Hearing date:
Date certified
VOLUSIA GROWTH MANAGEMENT COMMISSION
APPLICATION FOR COMPREHENSIVE PLAN CONSISTENCY CERTIFICATION
JURISDICTION: City of Edgewater
ADDRESS: P.O. Box 100, 104 N. Riverside Drive
Edgewater FL 32132
Applicant (CEO): Jon Williams Interim Cily Manager
Name Title
Contact Person: Darren Lear, AICP Development Services Director
Name Title
Telephone & Fax #: (386) 424 -2412 (386) 424 -2439
(area code) Tel. # and extension FAX # (area code & #)
1.
Element {s }:
TYPE OF AMENDMENT: Please indicate below the elements of your
comprehensive plan affected by this submittal:
® Future Land Use ❑Coastal Management
❑Traffic Circulation ❑Capital Improvements
❑Gen. Sani. Sewer, ❑Intergovernmental Coordination
Solid Waste, Drainage ❑Housing
Potable Water & Natural ❑Mass Transit
Groundwater Aquifer Recharge.
❑Conservation ❑Port Aviation & Related Facilities
[]Recreation & Open Space ❑Other
s this submittal a Small -Scale Development as described under 163.3187 1 (c)? Eyes ❑No
2. STATUS OF SUBMITTAL:
Local Planning Agency Hearing date: March 8, 2006
Governing Body (transmittal hearing) date: May 15, 2006
Submitted to Dept. of Community Affairs date: N/A
Governing Body Adoption (if complete) date: N/A
Page 1 of 1
3. SUBMITTAL TO THE VOLUSIA GROWTH MANAGEMENT COMMISSION:
Please submit one (1) original and five (5) copies of this application and supporting
documentation — F (large maps, 28 copies) described below to:
Merry Chris Smith, Coordinator
VOLUSIA GROWTH MANAGEMENT COMMISSION
135 East International Speedway Boulevard, Suite #19
DATYONA BEACH, FLORIDA 32118
(386) 947 -1876 FAX # (386) 947 -1877 e -mail Address: VGMCn.AOL.COM
A. Notice summarizing the substance of the proposed plan amendment. See
attached.
B. Detailed report describing the proposed amendment. See Attached.
C. Description of the Intergovernmental Coordination efforts used in
preparation of the plan amendment. N /A.
D. Indicate and explain any recommendations contained in this application
which may affect the plans for land use or infrastructure contained in the
plans of the adjacent local governments with Volusia County. NONE
ANTICIPATED.
E. Please provide the facts, which support the recommendations, identified in
Paragraph D above and identify those measures, which may be used to
mitigate or eliminate any adverse impacts resulting from these
recommendations. N/A
F. Identification of problems and needs noted within the comprehensive plans
of adjacent governments that would benefit from improved or additional
inter - governmental coordination and recommended solutions for resolving
these potential problems and needs. N/A
4. SUBMITTAL TO ADJACNET GOVERNMENTS:
Please submit a cop of his application and send a complete set of the supporting
documentation as described in Section 3 above to all local governments that are
contiguous to or may be substantially affected by the proposed development.
NAME OF GOVERNMENT DATE SUBMITTED METHOD OF DELIVERY
Volusia County 6 -7 -06 U.S. Mail
New Smyrna Beach 6 -7 -06 U.S. Mail
Page 2 of 2
5. SUBMITTAL OF SUMMARY NOTICE TO NON - ADJACENT
MUNICIPALITIES AND OTHER GOVERNMENTAL UNITS:
To be distributed by the Municipality or Volusia County, a copy of this
application and the summary notice required under Section 3(A) above. (Note
it is not necessary to submit an additional summary notice to municipalities
identified in Section 4.)
NAME OF MUNICIPALITY OR AGENCY DATE SUBMITTED METHOD OF DELIVERY
DAYTONA BEACH
6-7-06
U.S. Mail
DAYTONA BEACH SHORES
6-7-06
U.S. Mail
DEBARY
6-7-06
U.S. Mail
DELAND
6-7-06
U.S. Mail
DELTONA
6-7-06
U.S. Mail
HOLLY HILL
6-7-06
U.S. Mail
LAKE HELEN
6-7-06
U.S. Mail
NEW SMYRNA BEACH
OAK HILL
6-7-06
U.S. Mail
ORANGE CITY
6 -7 -06
U.S. Mail
ORMOND BEACH
6 -7 -06
U.S. Mail
PIERSON
6-7-06
U.S. Mail
PONCE INLET
6-7-06
U.S. Mail
PORT ORANGE
6-7-06
U.S. Mail
ST. JOHN RIVERWATER MGNT. DIST.
6-7-06
U.S. Mail
SOUTH DAYTONA
6-7-06
U.S. Mail
VOLUSIA COUNTY AREA MPO
6-7-06
U.S. Mail
VOLUSIA COUNCIL OF GOVERNMENTS 6 -7 -06
U.S. Mail
VOLUSIA COUNTY
Page 3 of 3
6. CERTIFICATION This application is submitted pursuant to the Volusia Growth
Management Commission consistency Certification rules, the provisions of which are
incorporated in this application.
I HEREBY CERTIFY to the best of my knowledge that the application is complete and
accurate to the submittals required under parts 3, 4, and 5 have been submitted described
under the method of the appropriate agencies.
1 ,,(6 Jet xzza
(Applicant - Si nature)
STATE OF FLORIDA
COUNTY OF: VOLUSIA to wit:
v �>' 7
(b ate)
Subscribed and sworn before my on this ` I day of 1J-1%%A -- , 2006
Personally known to me XX Type of ID-
IWh.
NOTARY PUBLIC
STATE of FLORIDA at LARGE
�.q Y:t., Bonnie Wenzel
m Commission # DD341714
Expires September 13, 2008
Ballad Troy Fain • Mtaranoa, MC. ODD-M5-7019
My commission expires
Page 4 of 4
CITY OF EDGEWATER
PLANNING AND ZONING BOARD
INFORMATION SUMMARY
CASE # CPA - 06 06
OWNER: Federal Trust Bank
APPLICANT: Tom Corbett
REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include
property as Commercial.
LOCATION: West of US Highway 1, south of 1900 S. Ridgewood Avenue
AREA: .45± acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Medium Density Residential
ZONING DISTRICT: R -4 (Multi-Family Residential)
PROPOSED USE OF PROPERTY: Retail shopping center and financial institution
VOTING D I ISTRICT: 3
SURROUNDING AREA:
CPA -0606 Middletown Plaza
Created by BWenzel
Current Use
Future Land Use Map
Zoning District
Designation
Shopping
North
Center /Financial
Commercial
B (Highway Commercial)
Institution
Vacant, Retail and
Commercial
B (Highway Commercial)
East
Restaurant
Commercial and Medium
B -3 (Highway Commercial)
South
Vacant
Density Residential
and R-4 (Multi
Single - Family
Low Density Residential
R (Single-Family
West
Residential
Residential)
CPA -0606 Middletown Plaza
Created by BWenzel
Background
This property is located to the south of the Florida Shores Shopping Plaza and the Bank of America
site. The applicant is proposing to develop a retail-shopping plaza, with an out-parcel designated for
a financial institution. This parcel currently has a split Future Land Use and Zoning designation;
the majority of the parcel has a Future Land Use of Commercial and is zoned B-3 (Highway
Commercial). A small portion of the site, approximately .45 acres has a Future Land Use of Low
Density Residential and is zoned R-2 (Single — Family Residential).
Land Use Compatibility
The proposed amendment to include this property is compatible with the surrounding commercial
area along US Highway 1.
Adequate Public Facilities:
This site has access to US Highway 1, an arterial roadway system. City water and sewer is available
to the site.
Natural Environment:
A Threatened and Endangered Species Assessment provided to the City on December 19, 2005
indicated the property does not provide suitable habitat for listed threatened or endangered species.
Consistency with Comprehensive Plan:
A small portion of this property has a Future Land Use designation of Medium Density Residential;
the majority of the site is Commercial. Therefore, amending the residential portion of the property
to Commercial provides consistency with the intent of the Future Land Use Element of the
Comprehensive Plan, particularly Policy 1.6.4 which states "Land uses that may generate high traffic
counts shall be encouraged to locate adjacent to arterial roads and mass transit systems."
Other Matters:
Since the proposed site plan exceeds 25,000 square feet, it shall be reviewed by the Planning and
Zoning Board at a later date for recommendation to City Council.
STAFF RT+COMMFNDATIO
Staff recommends approval of the amendment to the Comprehensive Plan Future Land Use Map to
include .45t acres of land located west of US Highway 1 and south of 1900 S. Ridgewood Avenue as
Commercial.
CPA -0606 Middletown Plaza 2
Created by BWenzel
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E° ewarE4
t > THE CITY OF EDGE WATER
ti
POST OFFICE BOX 100, EDGEWA TER, FLORIDA 32132 -0100
Mayor Michael L. Thomas Interim City Manager Jon Williams
District 1 Councilwoman Debra J. Rogers City Attorney Paul Rosenthal
District 2 -Vice Mayor Dennis A. Vincenzi City Clerk Susan J. Wadsworth, CMC
District 3 Councilwoman Harriet E. Rhodes
District 4 Councilwoman Judith R. Lichter
CERTIFICATION
I, Susan J. Wadsworth, City Clerk of the City of Edgewater
Florida, do hereby certify that the attached is a true and
correct Copy of Ordinance 2006 -0 -15 as it appears in the public
records of the City of Edgewater, Florida.
IN WITNESS WHEREOF. I have set my hand and the seal of the City
of Edgewater, Florida, this 7th day of June 2006.
Susan J. Wadsworth, CMC- City Clerk
SEAL
104 NORTH RIVERSIDE DRIVE
FAX- (386)424 -2409 SUNCOM 383 -2407
CITY CLERK'S OFFICE - (386)424 -2407
Swadsworth@cityofedgewater.org
AGENDA REQUEST
Date: August 10, 2006
PUBLIC
HEARING August 21 2006 RESOLUTION
BOARD
APPOINTMENT CONSENT
ORDINANCE X
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2006
Tom Corbett, requesting an amendment to the
Official Zoning Map to include .45f acres of land
located west of US Highway 1, and south of
1900 S. Ridgewood Avenue as B-3 (Highway
Commercial).
OWNER: Federal Trust Bank
APPLICANT: Tom Corbett
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as B-3
(Highway Commercial).
LOCATION: West of US Highway 1, south of 1900 S. Ridgewood Avenue
AREA: .45± acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Medium Density Residential
ZONING DISTRICT: R-4 (Multi-Family Residential)
PROPOSED USE OF PROPERTY: Retail shopping center and financial institution
VOTING DISTRICT: 3
SURROUNDING AREA:
RZ -0604 - Middletown Plaza 1
Current Use
Future Land Use Map
Zoning District
Designation
Shopping
North
Center /Financial
Commercial
B (Highway Commercial)
Institution
Vacant, Retail and
Commercial
B (Highway Commercial)
East
Restaurant
B -3 (Highway Commercial)
South
Vacant
Commercial and Medium
Density Residential
and R-4 (Multi-Family
Residential)
Single-Family
Low Density Residential
R-2 (Single - Family
Residential)
West
Residential
RZ -0604 - Middletown Plaza 1
Background:
This property is located to the south of the Florida Shores Shopping Plaza and the Bank of America site.
The applicant is proposing to develop a retail-shopping plaza, with an out designated for a
financial institution. This parcel currently has a split Future Land Use and Zoning designation; the
majority of the parcel has a Future Land Use of Commercial and is zoned B-3 (Highway Commercial). A
small portion of the site, approximately .45 acres has a Future Land Use of Low Density Residential and
is zoned R-2 (Single — Family Residential).
At their regular meeting of March 8, 2006 the Planning and Zoning Board voted 7-0 to send a
favorable recommendation to City Council for the proposed amendment.
City Council voted to approve this request at first reading on May 15, 2006.
Land Use Compatibility:
The proposed amendment to include this property is compatible with the surrounding commercial area
along US Highway 1.
Adequate Public Facilities:
This site has access to US Highway 1, an arterial roadway system. City water and sewer is available
to the site.
Natural Environment:
A Threatened and Endangered Species Assessment provided to the City on December 19, 2005
indicated the property does not provide suitable habitat for listed threatened or endangered species.
Consistency with Comprehensive Plan:
A small portion of this property has a Future Land Use designation of Medium Density Residential; the
majority of the site is Commercial. Therefore, amending the residential portion of the property to
Commercial provides consistency with the intent of the Future Land Use Element of the Comprehensive
Plan, particularly Policy 1.6.4 which states "Land uses that may generate high traffic counts shall be
encouraged to locate adjacent to arterial roads and mass transit systems."
Other Matters:
Since the proposed site plan exceeds 25,000 square feet, it shall be reviewed by the Planning and
Zoning Board at a later date for recommendation to City Council.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2006-0-16; an amendment to the Official Zoning Map to
include .45f acres of land located west of US Highway 1, south of 1900 S. Ridgewood Avenue as B-3
(Highway Commercial).
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-16.
PREVIOUS AGENDA ITEM: YES X NO
DATE: 5-15-06 AGENDA ITEM NO. 613
Respe tfully Sub itted By
Darr n Lear Robin Matusick *Jn Williams
Development Services Director Paralegal Interim City Manager
RZ -0604 - Middletown Plaza
ORDINANCE NO. 2006-0-16
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R -4 (MULTI- FAMILY
RESIDENTIAL) TO CITY B -3 (HIGHWAY COMMERCIAL)
FOR PROPERTY LOCATED WEST OF U.S. HIGHWAY NO.
1, SOUTH OF 1900 SOUTH RIDGEWOOD AVENUE,
EDGEWATER, FLORIDA; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEWATER;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Tom Corbett, Florida Concepts, Inc, (agent) on behalf of Federal Trust Bank,
owner /applicant of property located West of U. S. Highway No. 1, South of 1900 South Ridgewood
Avenue, Edgewater, Florida. Subject property contains approximately 0.45 acres more or less.
2. The owner /applicant has submitted an application for a change in zoning
classification from County R -4 (Multi- Family Residential) to City B -3 (Highway Commercial) for
the property described herein.
3. On March 8, 2006, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 7 - 0, the Board
recommended that City Council consider approval of the request.
4. On May 15, 2006, the City Council considered on first reading /public hearing the
proposed change in the zoning classification after publication of such hearing in the Observer on
May 5, 2006.
Struck through passages are deleted.
Underlined passages are added.
2006 -0 -16
5. On August 21, 2006, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on August 10, 2006, and notifying by mail all
property owners who own real property directly affected by the proposed action and all property
owners who own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida:
PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEWATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
R -4 (Multi- Family Residential) to City B -3 (Highway Commercial).
The following described real property all lying and being in the County of Volusia
Shtick through passages are deleted.
Underlined passages are added.
2006 -0 -16 2
and State of Florida.
A part of U.S. Government Lot 3, Section 2, Township 18 South, Range 34 East,
Volusia County, Florida and being more particularly described as follows:
Commence at the intersection of the Southerly R/W line of Indian River Boulevard,
65 foot R/W, and also known as State Road #442, as shown on map in Map Book 23,
Page 57 of the Public Records of Volusia County, Florida and the Westerly R/W line
of U.S. Highway No. 1, a 158 foot R/W as now laid out; thence S 29 °00'30" E along
the said Westerly R/W, a distance of 547.31 feet to the PC of a curve concave to the
West; thence Southerly along said curve having a radius of 11,333.35 feet a central
angle of 1'39'54", an arc distance of 329.34 feet for the Point of Beginning; thence
continuing along said curve having a radius of 11,333.35 feet, a central angle of
0 °38'36 ", an arc distance of 127.25 feet to the PT of said curve; thence continuing
along the Westerly R/W and along the tangent of the previously described curve S
26 °42'00" E, a distance of 407.75 feet; thence S 89 °35'34" W, a distance of 593.42
feet; thence N 0 °07'59" E, a distance of 299.98 feet; thence N 62'39'16" E, a distance
of 395.93 feet to the Point of Beginning.
Containing 0.45 + acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEWATER, FLORIDA.
The Development Services Director is hereby authorized and directed to amend the Official
Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the
above described property.
PART C. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
passages are deleted.
Underlined passages are added.
2006 -0 -16 3
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 E. RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Volusia County, Florida.
PART F. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G. ADOPTION.
After Motion for approval by Councilwoman Lichter and Second by Councilwoman Rogers,
the vote on the first reading of this ordinance held on May 15, 2006 is as follows:
AYE
Mayor Mike Thomas
Councilman Debra Jean Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
passages are deleted.
Underlined passages are added.
2006 -0 -16
il
X
X
ABSENT
X
X
NAY
After Motion by
and Second by
the vote on the second reading of this ordinance was as follows:
AYE
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this 21 st day of August, 2006.
ATTEST:
Susan J. Wadsworth
City Clerk
NAY
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
passages are deleted.
Underlined passages are added.
Approved by the City Council of the City of
Edgewater at a meeting held on this 21 st day
of August, 2006 under Agenda Item No. 6
2006 -0-16 5
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running. It took a long time to get us up and running two
years ago after three or four hurricanes. The more people
the longer it takes to get anybody up and running.
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. 1 St Reading, Ord. No. 2006 -0 -15, Tom Corbett,
agent for Federal Trust Bank, requesting an
amendment to the Comprehensive plan Future Land
Use Map to include .45 acres of land located
west of US1 and south of 1900 S. Ridgewood Avenue
as Commercial
City Attorney Rosenthal read Ord. 2006 -0 -15 into the
record.
Interim City Manager Williams made a staff presentation.
Kimberly Buck, Allen Engineering Group, representing the
applicant, was present to answer any questions.
Due to there being no comments, Mayor Thomas opened and
closed the public hearing.
Councilwoman Rhodes moved to approve Ord. 2006 -0 -15, Tom
Corbett, agent for Federal Trust Bank, requesting an
amendment to the Comprehensive plan Future Land Use Map to
include .45+ acres of land located west of US1 and south of
1900 S. Ridgewood Avenue as Commercial, second by
Councilwoman Lichter
The MOTION CARRIED 4 -0
B. 1 St Reading, Ord. No. 2006 -0 -16, Tom Corbett,
agent for Federal Trust Bank, requesting an
amendment to the Official Zoning Map to include
.45 acres of land located west of US1 and south
of 1900 S. Ridgewood Avenue as B -3 (Highway
Commercial)
City Attorney Rosenthal read Ord. 2006 -0 -16 into the
record.
Due to there being no comments, Mayor Thomas opened and
closed the public hearing.
Page 7 of 33
Council Regular Meeting
May 15, 2006
2
Councilwoman Lichter moved to approve Ord No 2006 -0 -16,
Tom Corbett, agent for Federal Trust Bank, requesting an
amendment to the Official Zoning Map to include 45+ acres
of land located west of US1 and south of 1900 S Ridgewood
Avenue as B -3 (Highway Commercial), second by Councilwoman
Rogers.
The MOTION CARRIED 4 -0
C. 1 st Reading, Ord. No. 2006 -0 -17, James C. and
Rosemary Carder requesting an amendment to the
Official Zoning Map to include .24 acres of land
located along the southwest corner of Falcon
Avenue and Mariners Gate Court as R -4 (Multi -
Family Residential)
City Attorney Rosenthal read Ord. 2006 -0 -17 into the
record.
Interim City Manager Williams made a staff presentation.
Mayor Thomas asked Mr. Carder to approach the podium.
Councilwoman Rogers was confused because it says they will
be putting in a single- family residence but yet it says
that it will be changed to multi - family residential. She
asked what this is. Development Services Director Darren
Lear explained it is going to the R -4 zoning, which permits
single- family homes in this district. They will be
required to have variances after they get rezoned to
actually be able to fit a single- family home on this lot.
Councilwoman Rogers asked if there would be retention
created on this piece of property. Mr. Lear informed her
that wasn't necessary. He spoke of this piece of property
having a mixed land use and zoning on it.
Councilwoman Rogers questioned if they could go to a
different zoning classification other than multi - family
since this is just a single- family residence. Mr. Lear
commented on this being adjacent to the Pelican Cove West
subdivision.
Councilwoman Lichter spoke of attending the Planning &
Zoning Board meeting when this was discussed. She asked
about the situation with the Pelican Cove Clubhouse. She
Page 8 of 33
Council Regular Meeting
May 15, 2006
AGENDA REQUEST
PUBLIC
HEARING May 15, 2006
BOARD
APPOINTMENT
ITEM DESCRIPTION:
1St Reading - Ordinance No. 2006-0-16
OWNER: Federal Trust Bank
APPLICANT: Tom Corbett
ORDINANCE X
OTHER
BUSINESS
Tom Corbett, requesting an amendment to the
Official Zoning Map to include .45t acres of land
located west of US Highway 1, and south of
1900 S. Ridgewood Avenue as B-3 (Highway
Commercial).
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as B
(Highway Commercial).
LOCATION: West of US Highway 1, south of 1900 S. Ridgewood Avenue
AREA: .45± acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Medium Density Residential
ZONING DISTRICT: R-4 (Multi-Family Residential)
PROPOSED USE OF PROPERTY: Retail shopping center and financial institution
VOTING DISTRICT: 3
SURROUNDING AREA:
Date: May 4, 2006
RESOLUTION
CONSENT
RZ -0604 - Middletown Plaza I
Current Use
Future Land Use Map
Zoning District
Designation
Shopping
North
Center /Financial
Commercial
B-3 (Highway Commercial)
Institution
Vacant, Retail and
Commercial
B-3 (Highway Commercial)
East
Restaurant
B -3 (Highway Commercial)
South
Vacant
Commercial and Medium
Density Residential
and R (Multi
Residential)
Single-Family
Low Density Residential
R (Single
West
Residential
Residential)
Date: May 4, 2006
RESOLUTION
CONSENT
RZ -0604 - Middletown Plaza I
Background:
This property is located to the south of the Florida Shores Shopping Plaza and the Bank of America site.
The applicant is proposing to develop a retail- shopping plaza, with an out-parcel designated for a
financial institution. This parcel currently has a split Future Land Use and Zoning designation; the
majority of the parcel has a Future Land Use of Commercial and is zoned B-3 (Highway Commercial). A
small portion of the site, approximately. 45 acres has a Future Land Use of Low Density Residential and
is zoned R-2 (Single — Family Residential).
At their regular meeting of March 8, 2006 the Planning and Zoning Board voted 7-0 to send a
favorable recommendation to City Council for the proposed amendment.
Land Use Compatibility:
The proposed amendment to include this property is compatible with the surrounding commercial area
along US Highway 1.
Adequate Public Facilities:
This site has access to US Highway 1, an arterial roadway system. City water and sewer is available
to the site.
Natural Environment:
A Threatened and Endangered Species Assessment provided to the City on December 19, 2005
indicated the property does not provide suitable habitat for listed threatened or endangered species.
Consistency with Comprehensive Plan:
A small portion of this property has a Future Land Use designation of Medium Density Residential; the
majority of the site is Commercial. Therefore, amending the residential portion of the property to
Commercial provides consistency with the intent of the Future Land Use Element of the Comprehensive
Plan, particularly Policy 1.6.4 which states "Land uses that may generate high traffic counts shall be
encouraged to locate adjacent to arterial roads and mass transit systems."
Other Matters:
Since the proposed site plan exceeds 25,000 square feet, it shall be reviewed by the Planning and
Zoning Board at a later date for recommendation to City Council.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2006-0-16; an amendment to the Official Zoning Map to
include .45f acres of land located west of US Highway 1, south of 1900 S. Ridgewood Avenue as B -3
(Highway Commercial).
ACTION REQUESTED
Motion to approve Ordinance No. 2006
PREVIOUS AGENDA ITEM:
DATE
Respectfully Sub*tted By:
Darien Lear
Development
YES
AGENDA ITEM NO.
� CJF7t r .11 1 S� 1 - [ - •
Robin Matusick
Director Paralegal
NO X
w
Jon Williams
Interim City Manager
RZ -0604 - Middletown Plaza
AGENDA REQUEST
PUBLIC
HEARING August 21, 2006
BOARD
APPOINTMENT
Date: Au, g 16, 2006
RESOLUTION
CONSENT
ORDINANCE X
OTHER
BUSINESS
ITEM DESCRIPTION:
Ordinance No. 2006-0-30 Proposing an amendment to the Charter of the City of
Edgewater; providing for exceptions to the prohibition
against new building heights in excess of 35
BACKGROUND:
Edgewater Citizens Alliance for Responsible Development (ECARD) submitted a petition for a Charter
Amendment limiting all new construction building heights to 35 or less. Per Florida Statutes
Section 166.031, City Council may approve by Ordinance amendments to clarify the language submitted
by ECARD, if approved.
The language contained in the proposed text amendment in Article 1, Section 1.01(a)(2) of the City
Charter would state that the building height restrictions would not apply to: 1) commercial, public,
semi industrial or other buildings not intended for residential use, 2) any mixed building of
which at least 70% of its square footage is dedicated to non-residential uses or (3) any building located
within a "development of regional impact ".
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2006 — exemptions to the 35 height limitation
imposed by Citizen Charter Amendment.
ACTION REQUESTED
Motion to approve Ordinance No. 2006
PREVIOUS AGENDA ITEM:
DATE
Respectfully Submitted By:
Darren
Development Services Director
YES NO X
AGENDA ITEM NO.
Robin Matusick
Paralegal
on C. Williams/
nterim City Manager
ord 2006 -0 -30
ORDINANCE NO. 2006 -0 -30
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA PROPOSING AN AMENDMENT TO THE
CHARTER OF THE CITY OF EDGEWATER; PROVIDING
FOR EXCEPTIONS TO THE PROHIBITION AGAINST NEW
BUILDING HEIGHTS IN EXCESS OF 35 FEET, AS SUCH
PROHIBITION MAY BE ADOPTED PURSUANT TO A
CITIZEN - INITIATED CHARTER AMENDMENT;
PROVIDING FOR A REFERENDUM FOR APPROVAL OR
REJECTION OF THE PROPOSED AMENDMENT BY THE
ELECTORS OF THE CITY OF EDGEWATER; PROVIDING
FOR AND AUTHORIZING FURTHER ACTS TO
IMPLEMENT THIS ORDINANCE; PROVIDING FOR
SEVERABILITY AND CONFLICTS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 166.031, Florida Statutes, provides that the governing body of a
municipality may, by ordinance, submit to the electors of said municipality proposed amendments
to its charter which amendments may be to any part or to all of its charter except that part describing
the boundaries of such municipality; and
WHEREAS, the City Council finds that it is in the best interest of the City of Edgewater to
submit certain proposed amendments to the Charter of the City of Edgewater to the electors of the
City at the next general municipal election to be held on November 7, 2006, all in accordance with
Section 166.031, Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, AS FOLLOWS:
SECTION 1. Authority The City Council of the City of Edgewater has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapter 166,
Florida Statutes, and Section 6.08 of the Charter.
SECTION 2. Proposed Amendment to Charter Exceptions to the Prohibition Against
New Building Heights in Excess of 35 Feet, as Such Prohibition may be Adopted Pursuant to a
Stmek through passages are deleted.
Underlined passages are added.
2006 -0 -30
Citizen - initiated Charter Amendment.
(a) Text of Proposed Amendments The City Council of the City of Edgewater,
Florida, pursuant to Section 166.031, Florida Statutes, hereby proposes an amendment to the Charter
of the City of Edgewater as set forth in Exhibit "A -1" attached hereto and by this reference made
a part hereof.
(b) Ballot Question The ballot title, ballot question and the substance of said
proposed amendment to the Charter, as contained in Subsection (a) above, shall appear on the ballot
in the form as set forth in Exhibit "A -2" attached hereto and by this reference made a part hereof.
(c) Effective Date of Proposed Amendments The proposed amendment set forth
in Subsection (a) above shall take effect immediately upon approval by a majority of those qualified
City of Edgewater electors voting on the proposed amendment at the general municipal election on
November 7, 2006, but only if the Citizen - initiated charter amendment to prohibit certain new
building heights from exceeding 35 feet, as same is found on the ballot for the general municipal
election on November 7, 2006, is approved by a majority of those qualified City of Edgewater
electors voting on such proposed charter amendment at the general municipal election on November
7, 2006 and such amendment thereafter becomes effective and is incorporated into the Charter of the
City of Edgewater. If a majority of the votes cast at the referendum election shall be against the
Charter Amendment proposed by this Ordinance, then this Charter Amendment shall be defeated and
of no force and effect. If a majority of the votes cast at the referendum election shall be in favor of
the Charter Amendment proposed by this Ordinance but the citizen - initiated charter amendment to
prohibit certain new building heights from exceeding 35 feet, as same is found on the ballot for the
general municipal election on November 7, 2006, is defeated, then this Charter Amendment shall
be of no force and effect.
SECTION 3. Submission to Electorate The proposed amendment to the Charter, as
contained in Section 2 of this Ordinance, shall be placed to a vote of the electors of the City of
Struck through Passages are deleted.
Underlined passages are added.
2006 -0 -30 2
Edgewater at the next general municipal election to be held on November 7, 2006. Such election
shall be held in conformity with the laws of the State of Florida and the ordinances of the City of
Edgewater now in force relating to elections in the City of Edgewater.
SECTION 4. Authorization for Further Acts. The City Manager (or Interim City
Manager as the case may be) and the City Attorney of the City of Edgewater are authorized and
directed:
(1) To make further modification and changes to the ballot wording set forth in
this Ordinance as may be necessary or desirable under the constitution and
laws of the State of Florida, so long as such changes and modifications do not
alter the substance of this Ordinance, subject to confirmation of the City
Council; and
(2) To otherwise take all actions necessary or desirable to cause the proposed
amendment to the Charter as set forth in this Ordinance to be subject to
referendum at the general municipal election to be held on November 7,
2006.
SECTION 5. Severability If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional by any court of 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 hereto.
SECTION 6. Conflicting Ordinances All ordinances and Charter provisions or parts
of ordinances and Charter provisions in conflict with any amendment to the Charter set forth in this
Ordinance are hereby repealed, but only if such amendment is approved by a majority of those
qualified City of Edgewater electors voting on the proposed amendment at the general municipal
election on November 7, 2006 and only if the Citizen - initiated charter amendment to prohibit certain
new building heights from exceeding 3 5 feet, as same is found on the ballot for the general municipal
election on November 7, 2006, is approved by a majority of those qualified City of Edgewater
electors voting on such proposed charter amendment at the general municipal election on November
Struck ditatigh passages are deleted.
Underlined passages are added.
2006 -0 -30
7, 2006 and such amendment thereafter becomes effective and is incorporated into the Charter of the
City of Edgewater.
SECTION 7. Effective Date This Ordinance shall become effective immediately upon
passage and adoption.
SECTION 8. Adoption After Motion to approve by and Second by
the vote on the first reading /public hearing of this ordinance held on
, was as follows:
AYE
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis A. Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
After Motion to approve by and Second by
vote on the second reading /public hearing of this ordinance held on
follows:
AYE
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis A. Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
Struck t1nough passages are deleted.
Underlined passages are added.
2006 -0 -30
rd
NAY
the
was as
NAY
PASSED AND ADOPTED this
ATTEST:
day of 9 2006.
CITY COUNCIL OF THE
CITY OF EDGEWATER, 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
Struck th-ongly passages are deleted.
Underlined passages are added.
Approved by the City Council of the City of
Edgewater at a meeting held on this 25th day
of September, 2006 under Agenda Item No.
6
2006 -0 -30 5
EXHIBIT "A -1"
TO ORDINANCE NO. 2006-0-30
Text of Proposed Amendment
Article I, Section 1.01(a)(2)
The building height restrictions contained in Section 1.01(a)(1) of Article I of the City
Charter shall not apply to (i) any commercial, public, semi - public, industrial or other building not
intended for residential use, (ii) any mixed -use building of which at least 70% of its square footage
is dedicated to non - residential uses, or (iii) any building located within a "development of regional
impact," as defined in Section 380.06, Florida Statutes. The foregoing shall not preclude the City
Council from adopting land development regulation which otherwise restrict or limit the building
height of any such buildings.
Struek through passages are deleted.
Underlined passages are added.
2006 -0 -30 6
EXHIBIT "A -2"
TO ORDINANCE NO. 2006-0-30
Ballot Title Exemptions to 35 -Foot Height Limitation Imposed by Citizen - Initiated Charter
Amendment.
Ballot Question
BALLOT QUESTION
CHARTER AMENDMENT PROVIDING THAT NON - RESIDENTIAL BUILDINGS,
MIXED -USE BUILDINGS OF WHICH AT LEAST 70% OF THEIR SQUARE
FOOTAGE IS DEDICATED TO NON - RESIDENTIAL USES, OR BUILDINGS
LOCATED WITHIN A "DEVELOPMENT OF REGIONAL IMPACT," AS DEFINED
IN SECTION 380.06, FLORIDA STATUTES, ARE EXEMPTED FROM THE
PROHIBITION AGAINST NEW BUILDING HEIGHTS IN EXCESS OF 35 FEET,
AS SUCH PROHIBITION MAY BE ADOPTED PURSUANT TO THE CITIZEN -
INITIATED CHARTER AMENDMENT APPEARING ON THIS BALLOT.
Shall the above - described amendment be adopted?
Yes
No
Text of Proposed Amendment
Article I, Section 1.01(a)(2)
The building height restrictions contained in Section 1.01(a)(1) of Article I of the City
Charter shall not apply to (i) any commercial, public, semi - public, industrial or other building not
intended for residential use, (ii) any mixed -use building of which at least 70% of its square
footage is dedicated to non - residential uses, or (iii) any building located within a "development
of regional impact," as defined in Section 380.06, Florida Statutes. The foregoing shall not
preclude the City Council from adopting land development regulation which otherwise restrict or
limit the building height of any such buildings.
passages are deleted.
Underlined passages are added.
2006 -0 -30 7
AGENDA REQUEST
Date: August 15, 2006
PUBLIC
HEARING X RESOLUTION ORDINANCE
BOARD
APPOINTMENT
ITEM DESCRIPTION
CONSENT
X
OTHER
BUSINESS
1 St Reading, Ordinance No. 2006 -0 -32 Proposing an Amendment to the Charter of the
City of Edgewater, amending Section 3.11(b) (Rules and Journal) to provide that City Council
meetings shall include one period for "Citizen Comments" to be determined by City Council in
lieu of two periods at the beginning of the meeting and directly prior to adjournment; and
providing for a referendum for approval or rejection of proposed Amendment by the electors of
the City of Edgewater
BACKGROUND:
The Council finds that it is in the best interest of the City to submit the proposed
amendment to the Charter at the general election to be held on November 7, 2006. The City
Charter under Section 3.11(b) (Rules and Journal) currently reads that the City Council shall
determine its own rules and order of business except that the agenda for regular City Council
meetings shall include "Citizen Comments" at the beginning of the meeting and directly prior to
adjournment of the meeting. The proposed amendment to appear on the ballot, shall read (b)
Rules and Journal. The city council shall determine its own rules and order of business except
that the agenda for regular council meetings shall include one period for "Citizen Comments"
(not to include agenda items) at any time during the meeting as may be determined by the council
and council shall include an opportunity for citizen comments relating to an agenda matter at the
time the matter is before council. The city council shall provide for the keeping of a journal of
its proceeding. This journal shall be a public record.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2006 -0 -32
ACTION REQUESTED
Motion to approve Ordinance No. 2006 -0 -32
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
v% 16.1
NO
DATE:
Respectfully submitted,
Susan k Wadsworth
City Clerk
AGENDA ITEM NO.
Robin Matusick
Paralegal
on C. Williams
Interim City Manager
ORDINANCE NO. 2006 -0 -32
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA PROPOSING AN AMENDMENT TO THE
CHARTER OF THE CITY OF EDGEWATER; AMENDING
SECTION 3.11(b) (RULES AND JOURNAL) TO PROVIDE
THAT CITY COUNCIL MEETINGS SHALL INCLUDE ONE
PERIOD FOR "CITIZEN COMMENTS" AT SUCH TIME AS
MAY BE DETERMINED BY THE CITY COUNCIL IN LIEU
OF TWO PERIODS AT THE BEGINNING OF THE MEETING
AND DIRECTLY PRIOR TO ADJOURNMENT OF THE
MEETING; PROVIDING FOR A REFERENDUM FOR
APPROVAL OR REJECTION OF THE PROPOSED
AMENDMENT BY THE ELECTORS OF THE CITY OF
EDGEWATER; PROVIDING FOR AND AUTHORIZING
FURTHER ACTS TO IMPLEMENT THIS ORDINANCE;
PROVIDING FOR SEVERABILITY AND CONFLICTS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 166.031, Florida Statutes, provides that the governing body of a
municipality may, by ordinance, submit to the electors of said municipality proposed amendments
to its charter which amendments may be to any part or to all of its charter except that part describing
the boundaries of such municipality; and
WHEREAS, the City Council finds that it is in the best interest of the City of Edgewater to
submit certain proposed amendments to the Charter of the City of Edgewater to the electors of the
City at the next general municipal election to be held on November 7, 2006, all in accordance with
Section 166.031, Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, AS FOLLOWS:
SECTION 1. Authority The City Council of the City of Edgewater has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapter 166,
Florida Statutes, and Section 6.08 of the Charter.
SECTION 2. Proposed Amendment to Charter To Provide that City Council Meetings
Struck thiough Passages are deleted.
Underlined passages are added.
2006 -0 -32
Shall Include One Period for "Citizen Comments" at Such Time During Each Meeting as may be
Determined by the Council.
(a) Text of Proposed Amendments The City Council of the City of Edgewater,
Florida, pursuant to Section 166.031, Florida Statutes, hereby proposes an amendment to the Charter
of the City of Edgewater as set forth in Exhibit "A -1" (with additions underlined and deletions
stricken) attached hereto and by this reference made a part hereof.
(b) Ballot Question The ballot title, ballot question and the substance of said
proposed amendment to the Charter, as contained in Subsection (a) above, shall appear on the ballot
in the form as set forth in Exhibit "A -2" attached hereto and by this reference made a part hereof.
(c) Effective Date of Proposed Amendments The proposed amendment set forth
in Subsection (a) above shall take effect immediately upon approval by a majority of those qualified
City of Edgewater electors voting on the proposed amendment at the general municipal election on
November 7, 2006.
SECTION 3. Submission to Electorate The proposed amendment to the Charter, as
contained in Section 2 of this Ordinance, shall be placed to a vote of the electors of the City of
Edgewater at the next general municipal election to be held on November, 7 2006. Such election
shall be held in conformity with the laws of the State of Florida and the ordinances of the City of
Edgewater now in force relating to elections in the City of Edgewater.
SECTION 4. Authorization for Further Acts. The City Manager (or Interim City
Manager as the case may be) and the City Attorney of the City of Edgewater are authorized and
directed:
(1) To make further modification and changes to the ballot wording set forth in
this Ordinance as may be necessary or desirable under the constitution and
laws of the State of Florida, so long as such changes and modifications do not
alter the substance of this Ordinance, subject to confirmation of the City
Council; and
Struek through passages are deleted.
Underlined passages are added.
2006 -0 -32 2
(2) To otherwise take all actions necessary or desirable to cause the proposed
amendment to the Charter as set forth in this Ordinance to be subject to
referendum at the general municipal election to be held on November 7,
2006.
SECTION 5. Severability If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional by any court of 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 hereto.
SECTION 6. Conflicting Ordinances All ordinances and Charter provisions or parts
of ordinances and Charter provisions in conflict with any amendment to the Charter set forth in this
Ordinance are hereby repealed, but only if such amendment is approved by a majority of those
qualified City of Edgewater electors voting on the proposed amendment at the general municipal
election on November 7, 2006.
SECTION 7. Effective Date This Ordinance shall become effective immediately upon
passage and adoption.
SECTION 8. Adoption After Motion for approval by
and Second by
the vote on the first reading /public hearing of this ordinance held on
was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis A. Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
Strriekthrough passages are deleted.
Underlined passages are added.
2006 -0 -32 3
After Motion for approval by
and Second by
the vote on the second reading /public hearing of this ordinance held on
as follows:
AYE
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis A. Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
NAY
PASSED AND DULY ADOPTED this 25` day of September, 2006.
ATTEST:
Susan J. Wadsworth
City Clerk
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Mike Thomas
Mayor
was
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
6tmekthrongh passages are deleted.
Underlined passages are added.
2006 -0 -32
2
Approved by the City Council of the City of
Edgewater at a meeting held on this 25th day
of September, 2006 under Agenda Item No.
6
EXHIBIT "A -1"
TO ORDINANCE NO. 2006-0-32
Text of Proposed Amendment
Article I11, Section 3.11(b)
(b) Rules and journal. The city council shall determine its own rules and order of business
except that the agenda for regular council meetings shall include one period for "Citizen
Comments" (not to include agenda items) at the begiiming of the ineeting mid directly p6arto
adjotirinnent of the ineeting at any time during the meeting as may be determined by the council
and council shall include an opportunity for citizen comments relating to an agenda matter at the
time the matter is before council. The city council shall provide for the keeping of a journal of
its proceedings. This journal shall be a public record.
Struckthmugh passages are deleted.
Underlined passages are added.
2006 -0 -32
EXHIBIT "A -2"
TO ORDINANCE NO. 2006-0-32
Ballot Title CHARTER AMENDMENT TO PROVIDE ONE PERIOD FOR "CITIZEN
COMMENTS"
Ballot Ouestion
BALLOT QUESTION
CHARTER AMENDMENT AMENDING SECTION 3.11(b) TO PROVIDE THAT
CITY COUNCIL MEETINGS SHALL INCLUDE ONE PERIOD FOR "CITIZEN
COMMENTS" AT SUCH TIME AS MAY BE DETERMINED BY THE CITY
COUNCIL IN LIEU OF TWO PERIODS AT THE BEGINNING OF THE MEETING
AND DIRECTLY PRIOR TO ADJOURNMENT OF THE MEETING, AS
CURRENTLY PROVIDED IN THE CHARTER.
Shall the above - described amendment be adopted?
Yes
No
Text of Proposed Amendment
Article I11, Section 3.11(b)
(b) Rules and journal. The city council shall determine its own rules and order of business
except that the agenda for regular council meetings shall include one period for "Citizen
Comments" (not to include agenda items) at the begirming of the ineeting and directly prior-to
adjotirmnent of the ineeting at any time during the meeting g_ s may be determined by the council
and council shall include an opportunity for citizen comments relating to an agenda matter at the
time the matter is before council. The city council shall provide for the keeping of a journal of
its proceedings. This journal shall be a public record.
Strtick through passages are deleted.
Underlined passages are added.
2006 -0 -32 6
AGENDA REQUEST
CM: 2006 -76
PUBLIC
HEARING
BOARD
APPOINTMENT
ITEM DESCRIPTION
Resolution No. 2006 -R -06
Date: August 10, 2006
RESOLUTION August 21, 2006 ORDINANCE
CONSENT
OTHER
BUSINESS
Objecting to certain amendments to the Volusia County Charter
proposed by the Volusia County Charter Review Commission and
authorizing the City of Edgewater to expend money in opposition to
certain proposed amendments to inform the citizens of Edgewater of
the potential impact of certain amendments if passed.
BACKGROUND
The Volusia County Charter Review Commission has proposed certain amendments to the County
Charter, which if passed attempts to divest the City of its ability to Municipal Home Rule. The
Municipal Home Rule Power Act, which is found in the Florida Constitution and the Florida Statues,
grants Municipalities the authority to self govern and to control the destiny and direction of their
respective jurisdictions
STAFF RECOMMENDATION
Staff recommends the approval of Resolution 2006 -R -06 objecting to certain amendments proposed
by the Volusia County Charter Review Commission and authorizes the City Manager to expend
money in opposition to certain proposed amendments to inform the citizens of Edgewater of the
potential impact of certain amendments if passed.
ACTION REOUESTED
Motion to approve Resolution 2006 -R -06 objecting to certain amendments proposed by the Volusia
County Charter Review Commission and authorize the City Manager to expend money in opposition
to inform the citizens of Edgewater.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED
PREVIOUS AGENDA ITEM:
DATE:
Respectfully submitted,
on C. Williams
Interim City Manager
YES NO X
AGENDA ITEM NO.
1: \I iz_docs \agendarequests \Volus i aCountyCharterAmendments082106
RESOLUTION NO. 2006 -R -06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, OBJECTING TO CERTAIN
AMENDMENTS TO THE VOLUSIA COUNTY
CHARTER PROPOSED BY THE VOLUSIA COUNTY
CHARTER REVIEW COMMISSION; AUTHORIZING THE
CITY OF EDGEWATER TO EXPEND MONEY IN
OPPOSITION TO CERTAIN PROPOSED AMENDMENTS TO
THE VOLUSIA COUNTY CHARGER TO INFORM THE
CITIZENS OF EDGEWATER OF THE POTENTIAL IMPACT
OF THESE CHARTER AMENDMENTS; FINDING THAT
THE EXPENDITURE OF PUBLIC FUNDS TO INFORM THE
CITIZENS OF EDGEWATER OF THE POTENTIAL IMPACT
OF CERTAIN PROPOSED CHARTER AMENDMENTS
SERVES A PUBLIC PURPOSE AND IS REASONABLY
NECESSARY TO PROTECT THE HEALTH, WELFARE AND
SAFETY OF THE CITIZENS OF EDGEWATER; REPEALING
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City of Edgewater, Florida has made the following determinations:
1. The Volusia County Charter Review Commission has proposed amendments to the
Volusia County Charter.
2. The City of Edgewater has a concern that some of the proposed Charter Amendments
circumvent the purpose and intent of the Municipal Home Rule Power Act, which is found both in
the Florida Constitution and Florida Statutes.
The purpose and intent of Municipal Home Rule was to grant to municipalities the
right to self govern and to control the direction and destiny of their respective jurisdictions.
4. As more fully discussed herein, some of the proposed Charter Amendments have the
effect of divesting the municipalities within Volusia County with the right to self govern in very key
areas, such as controlling and directing growth and development within its municipal boundaries.
5. The City is concerned that the proposed Charter Amendment requiring a County -wide
2006 -R -06
water plan is redundant of the purpose and intent of the Water Alliance of Volusia (WAV) and
certain to be plagued with the same practical problems.
6. The City is concerned that absent the involvement of the City in disseminating
information, its citizens will not otherwise be informed of the potential impacts of approving these
Charter Amendments.
NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida:
Section 1. The City hereby opposes the following proposed Charter Amendments for
the reasons hereinafter set forth, which is not intended to be an exhaustive list:
A) Amendment 1 deals with School Planning and basically provides that there shall be
no approved residential density increases unless adequate public schools can be
timely planned and constructed to serve the projected increase in student population.
Although the City believes that providing adequate schools for our children is very
important, this provision grants to the Volusia County School Board the ability to
dictate where development occurs in the County by deciding where the school
expansion projects are located. Residential development should dictate where the
school expansion projects are needed, and not vice versa. The goals intended to be
accomplished by this Charter Amendment can be accomplished by local
municipalities notifying the Volusia County School District of proposed
development plans that would impact local schools within its jurisdiction and by the
School Board representatives regularly attending the municipality's planning board
meetings, which by law the School Board representative is a member.
B) Amendment 2 requires Volusia County to create a County -wide water plan. The
Water Alliance of Volusia (WAV) was created by the local cities and the County to
2006 -R -06 2
accomplish this exact goal. One of the main impediments to the successful operation
of WAV was the fact that the needs and demands of the cities are different
depending on whether the city is located on the East or West side of the County. A
County -wide water plan will be plagued with the same problems that WAV incurred.
There are currently discussions about changing the purpose of WAV and to allow
municipalities to enter into separate interlocal agreements to carry out the goals and
objectives of water conservation.
C) Amendment 3 requires that the County's comprehensive plan govern land even
though annexed into a municipality. By the County's comprehensive plan governing
land even though the land has been annexed into a municipality, the County would
retain the right to regulate and direct the development on real property even though
said property is located within a municipality. This circumvents the purpose and
intent of the Municipal Home Rule Powers Act.
Section 2. Since the Volusia County Charter Review Commission has not made a final
recommendation to the County Council on proposed Charter Amendments, the number of
objectionable amendments may change. The City Council hereby authorizes the City Manager and
staff to object to any additional charter amendments that violate the spirit and intent of the City's
Home Rule Power or are otherwise detrimental to the health, welfare and safety of its citizens.
Section 3. The City Manager is hereby directed to forward this Resolution to the County
Manager and County Council members and is encouraged to work with the County's representative
to address the City's concerns.
Section 4. The City hereby finds that it is necessary to protect the health, welfare and
safety and in the public interest of the citizens of the City of Edgewater for the City to expend public
2006 -R -06 3
funds and resources, to utilize the time of its employees and to utilize its various methods of
communication (including but not limited to television, print and internet communications) in order
to educate the public concerning the above proposed charter amendments and the negative impacts
they will have on the City and its citizens.
Section 5. If any section, subsection, sentence, clause, phrase, or portion of this
Resolution, or application hereof, is for any reason held invalid or unconstitutional by any Court,
such portion of application shall be deemed a separate, distinct, and independent provision, and such
holding shall not affect the validity of the remaining portions or application hereof.
Section 6. All resolutions or parts of resolutions in conflict herewith be and the same are
hereby repealed.
Section 7. This resolution shall take effect immediately upon its adoption.
After Motion to approve by and Second by
, the vote on this resolution was as follows:
AYE NAY
Mayor Mike Thomas
Councilman Debra J. Rogers
Councilman Dennis A. Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
2006 -R -06 4
PASSED, APPROVED AND ADOPTED this 21 st day of August, 2006.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Susan J. Wadsworth
City Clerk
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 21 st day
legality by: Paul E. Rosenthal, Esquire of August, 2006 under Agenda Item No.
City Attorney 6
Foley & Lardner, LLP
2006 -R -06 5
AGENDA REQUEST
Date: August 15, 2006
PUBLIC
HEARING RESOLUTION August 21, 2006 ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT BUSINESS
ITEM DESCRIPTION
Resolution No. 2006 -R -07 Authorizing and directing that a proposed Charter Amendment
related to maximum building heights be submitted to the electors
of the City of Edgewater at the November 7, 2006 General
Election, as requested by Edgewater Citizen's Alliance for
Responsible Development, Inc.
BACKGROUND
On July 29, 2006, Edgewater Citizen's Alliance for Responsible Development, Inc. submitted a
written request to Volusia County Supervisor of Election and the City, requesting a proposed
charter amendment to prohibit building heights exceeding 35 ft. be placed on the ballot at the
General Election to be held November 7, 2006. The City received a certification letter from
Supervisor of Election Ann McFall on July 18, 2006 verifying that out of the 1,968 signature
petitions submitted to her by Edgewater Citizen's Alliance for Responsible Development, Inc.
1,554 signature petitions were declared valid.
Florida Statutes Chapter 166.031 authorizes the electors of a municipality, to submit to the
electors of the municipality a proposed amendment to the City Charter signed by ten percent
(10 %) of the registered voters of the municipality as of the last General Election. The last City
General Election was November 2005 the number of registered voters was 14,509. The signature
petitions submitted by Edgewater Citizen's Alliance for Responsible Development, Inc. exceed
that requirement.
STAFF RECOMMENDATION
Staff recommends approving Resolution 2006 -R -07 Authorizing and directing that a proposed
Charter Amendment related to maximum building heights be submitted to the electors of the
City of Edgewater at the November 7, 2006 General Election, as requested by Edgewater
Citizen's Alliance for Responsible Development, Inc.
ACTION REQUESTED
Motion to approve Resolution 2006 -R -07
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO
DATE:
Respectfully submitted,
Susan J. adsworth
City Clerk
AGENDA ITEM NO.
Robin Matusick
Paralegal
Jon C. Williams
Interim City Manager
RESOLUTION 2006 -R -07
A RESOLUTION OF THE CITY COUNCIL OF
EDGEWATER, FLORIDA, AUTHORIZING AND DIRECTING
THAT A PROPOSED CHARTER AMENDMENT RELATED
TO MAXIMUM BUILDING HEIGHTS BE SUBMITTED TO
THE ELECTORS OF THE CITY OF EDGEWATER,
FLORIDA AT THE NOVEMBER 7, 2006 GENERAL
ELECTION, AS REQUESTED BY EDGEWATER CITIZEN'S
ALLIANCE FOR RESPONSIBLE DEVELOPMENT, INC. AND
EVIDENCED BY PETITIONS SIGNED BY 1,554
REGISTERED ELECTORS OF THE CITY OF EDGEWATER
WHICH PROPOSED CHARTER AMENDMENT PROPOSES
TO AMEND THE EDGEWATER CITY CHARTER TO
CREATE A NEW SECTION 1.01(a)(1) TITLED "AUTHORITY
TO LIMIT HEIGHT"; PROHIBITING BUILDING HEIGHTS
FROM EXCEEDING THIRTY -FIVE (35) FEET; PROVIDING
EXCEPTIONS TO SUCH HEIGHT LIMITATION;
PROVIDING FOR INCORPORATION OF THE CHARTER
AMENDMENT INTO THE CITY CHARTER, IF APPROVED;
PROVIDING FOR INTENT AND PURPOSE OF
RESOLUTION; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 166.031, Florida Statutes, authorizes the electors of a
municipality, by petition signed by ten percent (10 %) of the registered voters of the municipality,
to submit to the electors of the municipality a proposed amendment to the City Charter of the
municipality; and
WHEREAS, Chapter 166.031, Florida Statutes, provides that upon receipt of a
petition calling for a proposed charter amendment that is signed by ten percent (10 %) of the
registered electors of a municipality, as of the municipality's last general election, the governing
body of the municipality shall place the proposed charter amendment contained in the petition to a
vote of the electors; and
WHEREAS, on July 29, 2006, Edgewater Citizen's Alliance for Responsible
2006 -R -07
Development, Inc. submitted a written request to the City of Edgewater, requesting that a proposed
City of Edgewater Charter Amendment to Prohibit Building Heights Exceeding 35 Feet (the
"Charter Amendment ") contained in petitions signed by registered electors of the City of Edgewater
(the "Petitions ") be placed on the ballot at the general election to be held on November 7, 2006; and
WHEREAS, on July 18, 2006, the City of Edgewater received a certification letter
from Ann McFall, Supervisor or Elections for Volusia County, certifying that she received 1,968
Petitions containing the Charter Amendment and verifying that the Petitions were signed by 1,554
registered electors of the City of Edgewater; and
WHEREAS, there were 14,509 registered electors of the City of Edgewater as of the
last general election of the City of Edgewater; and
WHEREAS, in order to comply with the requirements of Section 166.031, Florida
Statutes, the City Council of the City of Edgewater desires to adopt this Resolution.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA, as follows:
Section 1. Authorily. The City Commission of the City of Edgewater has
the authority to adopt this Resolution pursuant to Chapter 166, Florida Statutes, and Section
6.08 of the City Charter.
Section 2. Submission to Electorate The Charter Amendment shall be placed
on the ballot for a vote of the electors of the City of Edgewater at the next general municipal
election to be held on November 7, 2006. Such election shall be held in conformity with the laws
of the State of Florida and the ordinances of the City of Edgewater now in force relating to
elections in the City of Edgewater.
2006 -R -07 2
Section 3. Text of Charter Amendment The ballot title, ballot summary and
the substance of the Charter Amendment, shall appear on the ballot in the form as set forth in
Exhibit " A " attached hereto and by this reference made a part hereof, as such form was provided
on the Petitions.
Section 4. Incorporation into Charter If a majority of the votes cast at the
referendum election shall be for the Charter Amendment, the text of Charter Amendment, as set
forth on Exhibit "B" attached hereto and by this reference made a part hereof, shall be
incorporated and included as part of the Edgewater City Charter. If a majority of the votes cast
at the referendum election shall be against this Charter Amendment, then this Charter Amendment
shall be defeated and of no force and effect.
Section 5. Intent and Purpose of Resolution The adoption of this Resolution
is not an expression of a position statement by the City Council either for or against the Charter
Amendment and shall be construed as a ministerial duty in compliance with Section 166.031,
Florida Statutes.
Section 6. Severability If any section, subsection, sentence, clause, phrase
or portion of this Resolution is for any reason held invalid or unconstitutional by any court of
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 hereto.
Section 7. Effective Date This Resolution shall become effective immediately
upon passage and adoption.
2006 -R -07 3
After Motion for approval by
, the vote on this Resolution was as follows:
AYE
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis A. Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
day of
and Second by
NAY
2006
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form
and legality by: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 21 st day
of August, 2006 under Agenda Item No.
6
2006 -R -07 4
EXHIBIT "A" TO RESOLUTION 2006 -R -07
BALLOT TITLE Height Amendment, Amending Edgewater City Charter to Prohibit New
Building Heights Exceeding 35 feet.
BALLOT SUMMARY Height Amendment prohibits construction of new buildings that exceed
35 feet in height; provides building height definitions and exclusions; buildings presently exceeding
35 feet in height may be repaired to existing height; prohibits alterations that would cause a building
height to exceed 35 feet; is not intended to restrict a property owner's vested rights under
constitutional, statutory, common law; repeals conflicting ordinances; provides effective date.
Yes No
FULL TEXT OF PROPOSED AMENDMENT
Article I, Powers, Section 1.01, General Powers, of the Charter of the City of Edgewater, shall be
amended to add a new Section 1.01(a)(1), Authority to Limit Height, as follows:
Article I, Section 1.01(a)(1)
(a) In order to further protect the public health, safety, general welfare, and aesthetics, no
new building height shall exceed 35 feet, nor shall any existing building be altered to cause it to
exceed a building height of 35 feet.
(b) Building height means the vertical distance from the elevation of the crown of the road
of the nearest adjacent roadway at the center of the front of the building to the highest point of the
coping of a flat roof, the deck line of a mansard roof, or the mean height level between eaves and
ridge for hip, gable and gambrel roofs.
(c) The height limits do not apply to spires, belfries, cupolas, flagpoles, antennas, water
tanks, fire towers, cooling towers, ventilators, chimneys, radio and television towers, elevator
hoistways, not intended for human occupancy.
(d) Buildings in existence or with approved construction permits or adopted Planned Unit
Developments on or before the effective date of this amendment, may be completed, repaired or
rebuilt to a height not to exceed the previously existing height, within the same building footprint,
subject to any other applicable state, federal or local laws. The height limits are not intended to
restrict or otherwise adversely affect a property owner's vested rights under constitutional, statutory
or common law. If it is determined by a court of competent jurisdiction that a landowner has vested
rights, the landowner can elect to proceed with development under the Land Development Code in
effect on the date of the adoption of this amendment.
(e) Those parts of any ordinances in conflict with this section are hereby repealed. This
section becomes effective upon adoption. This amendment shall become effective immediately
upon approval by the electors.
2006 -R -07
EXHIBIT "B" TO RESOLUTION 2006 -R -07
Article I, Section 1.01(a)(1)
(a) In order to further protect the public health, safety, general welfare, and aesthetics, no
new building height shall exceed 35 feet, nor shall any existing building be altered to cause it to
exceed a building height of 35 feet.
(b) Building height means the vertical distance from the elevation of the crown of the road
of the nearest adjacent roadway at the center of the front of the building to the highest point of the
coping of a flat roof, the deck line of a mansard roof, or the mean height level between eaves and
ridge for hip, gable and gambrel roofs.
(c) The height limits do not apply to spires, belfries, cupolas, flagpoles, antennas, water
tanks, fire towers, cooling towers, ventilators, chimneys, radio and television towers, elevator
hoistways, not intended for human occupancy.
(d) Buildings in existence or with approved construction permits or adopted Planned Unit
Developments on or before the effective date of this amendment, may be completed, repaired or
rebuilt to a height not to exceed the previously existing height, within the same building footprint,
subject to any other applicable state, federal or local laws. The height limits are not intended to
restrict or otherwise adversely affect a property owner's vested rights under constitutional, statutory
or common law. If it is determined by a court of competent jurisdiction that a landowner has vested
rights, the landowner can elect to proceed with development under the Land Development Code in
effect on the date of the adoption of this amendment.
(e) Those parts of any ordinances in conflict with this section are hereby repealed. This
section becomes effective upon adoption. This amendment shall become effective immediately
upon approval by the electors.
2006 -R -07 6
ECARD, Inc. 07 -1 9-06P03:38 F 1
1714 Edgewater Dr.
Edgewater, FL 32132
Ann McFall, Supervisor of Elections
County of Volusia
125 W. New York Ave.
DeLand, FL 32720
Susan J. Wadsworth
City Clerk, City of Edgewater
104 N. Riverside Dr.
Edgewater, FL 32132
Dear Mrs. McFall and Mrs. Wadsworth:
Please forward this request to your respective legal counsels if in question.
We are herewith requesting that you officially certify that our organization has met the
legal requirements of the Edgewater City Charter and general law as regards the
sufficiency of validated petitions /signatures that ECARD has been circulating to amend
the Edgewater City Charter, referred to as the 35 Ft. Height Cap. Further, your
certification should affirm that the petition ballot language will therefore, lawfully, be
placed upon the General Election ballot and presented to the registered voters of
Edgewater on November 7 2006 for adoption.
Please advise us immediately of your determination of this matter. Our attorney has
advised us that time is of the essence.
Thank you.
Dorothy Carlson, President
Ann McFaff
Supervisor of Elections
County of Volusia
PETITION CERTIFICATION
Susan J. Wadsworth
The City of Edgewater City Clerk
COUNTY OF VOLUSIA DATE: July 18, 2006
I, Ann McFall, Supervisor of Elections at Volusia County, Florida, do hereby certify that
1968 total signatures were verified for The City of Edgewater Charter Amendment to
Prohibit Building Heights Exceeding 35 Feet. Of those, 1554 signatures were verified
as registered electors in the City of Edgewater in Volusia County.
Supervisor of Elections
Seal
Historic Courthouse
125 West New York Avenue, DeLand, FL 32720 -5415
(386) 736 -5930 • (386) 254 -4690 • (386) 423 -3311 • FAX (386) 822 -5715
www.volusia.org elections
If your signature has changed, please update vour signature by completing a new Florida voter registration application,
It is important to keep your signature updated, so that absentee ballots and /or petition signatures can be counted,
RECEIVED
AUG 0 7 2006
CITY MANAGER
FOLEY
FOLEY & LARDNER LLP
ATTORNEYS AT LAW
MEMORANDUM
CLIENT - MATTER NUMBER
025581 -0195
TO:
FROM:
DATE:
RE:
The Honorable Mayor and City Council
Members of the City of Edgewater
Paul E. Rosenthal, City Attorney
Nicholas N. Palmer, Assistant City Attorney
August 7, 2006
Citizen's Petition for Charter Amendment Prohibiting Building Heights
Exceeding 35 Feet
I. SUMMARY AND BACKGROUND
On July 18, 2006, the City Clerk received a letter from Ann McFall, Supervisor of
Elections for Volusia County (the "Supervisor of Elections "), certifying that she received 1,968
Citizen Petitions for a City of Edgewater Charter Amendment to Prohibit Building Heights
Exceeding 35 Feet (the "Petitions "). The Petitions were reviewed by the Supervisor of Election
who verified that 1,554 registered electors of the City of Edgewater signed the Petitions. On July
27, 2006, the City Clerk received the original signed Petitions from the Supervisor of Elections.
The Petitions were prepared and circulated by the Edgewater Citizen's Alliance for Responsible
Development, Inc. ( "ECARD "). Representative copies of the Petitions are attached for your
review. ECARD has submitted a written request to the City requesting that the City Council
place the proposed charter amendment on the ballot for the general election to be held on
November 7, 2006 (See attached).
Section 6.08 of the City Charter provides that "This Charter may be amended in
accordance with general law." Section 166.031, Florida Statutes provides that:
[T]he electors of a municipality may, by petition signed by 10
percent of the registered electors as of the last preceding municipal
general election, submit to the electors of said municipality a
proposed amendment to its charter .... The governing body of the
municipality shall place the proposed amendment contained in
the ... petition to a vote of the electors at the next general election
held within the municipality or at a special election called for such
purpose [underlining added].
According to the Supervisor of Elections, there were 14,509 registered electors in the
City of Edgewater as of the last preceding municipal election. Accordingly, 1,451 verified
ORLA_418838.1
:FOLEY
FOLEY & LARDNER LLP
petitions are required for a citizen initiated charter amendment to be placed on the November 7,
2006 ballot. Thus, the Supervisor of Elections Petition Certification indicates that a sufficient
number of signatures were verified on the Petitions. The number of verified Petitions exceeds
the minimum requirement by 103 Petitions.
Il. EFFECT OF PROPOSED CHARTER AMENDMENT
The charter amendment proposed by the Petitions would prohibit new buildings in the
City from exceeding 35 feet in height. The prohibition would apply to all buildings except
"spires, belfries, cupolas, flagpoles, antennas, water tanks, fire towers, cooling towers,
ventilators, chimneys, radio and television towers, elevator hoistways, not intended for human
occupancy." In addition, the height restriction would not prohibit existing buildings from being
repaired to their current height or proposed buildings with approved development orders or
permits from being constructed to their approved heights, or otherwise prohibit the construction
of buildings in accordance with a property owner's judicially determined vested rights.
III. FORM OF PETITION
Section 101.161, Florida Statutes sets out the prerequisites for submission of a ballot
proposal to the electorate:
Whenever a constitutional amendment or other public measure is
submitted to the vote of the people, the substance of such
amendment or other public measure shall be printed in clear and
unambiguous language on the ballot after the list of candidates,
followed by the word "yes" and also by the word "no," and shall
be styled in such a manner that a "yes" vote will indicate approval
of the proposal and a "no" vote will indicate rejection. The
wording of the substance of the amendment or other public
measure and the ballot title to appear on the ballot shall be
embodied in the... enabling resolution or ordinance....[T]he
substance of the amendment or other public measure shall be an
explanatory statement, not exceeding 75 words in length, of the
chief purpose of the measure .... The ballot title shall consist of a
caption, not exceeding 15 words in length, by which the measure is
commonly referred to or spoken of.
The City Clerk reviewed the Petitions and advised us of the following:
1. Ballot Title The "Ballot Title" provided on the Petitions is not uniform and
consistent for every Petition. Specifically, each Petition contains one of the following two Ballot
Titles:
a. "Height Amendment, Amending Edgewater City Charter Article 1,
Powers, Prohibited Building Heights Exceeding 35 feet."
2
ORLA_418838.1
r, : FOLEY
FOLEY 6 LARDNER LLP
b. "Height Amendment, Amending Edgewater City Charter to Prohibit New
Building Heights Exceeding 35 feet."
In our opinion, these differences are not material.
2. PAC Disclaimer Approximately 20 Petitions do not include the following
language "Pd. Pol. Adv. By Edgewater Citizens' Alliance for Responsible Development, Inc.,
PAC."
The forgoing is not required by the above - referenced statutes. Accordingly, in our
opinion, the lack of the noted language is not material.
3. Margins Approximately 30 Petitions appear to have text along the right -hand
margin cut off due to copying error.
Based on our review of the form of Petition, we do not believe this to be misleading.
4. Yes/No Checkmarks (Color Variations) Approximately 25 Petitions are signed
in a different ink color than the ink color of the checkmark on the "Yes" line in the Ballot
Summary.
In our opinion, this is not material because the checkmarks are irrelevant to the validity of
the Petition.
5. Yes/No Checkmarks (Changed Checkmarks) Approximately 15 Petitions
include a checkmark on the "No" line in the Ballot Summary that has been crossed out and
replaced with a checkmark on the "Yes" line.
In our opinion, this is not material because the checkmarks are irrelevant to the validity of
the Petition.
Based upon Section 101.161, Florida Statutes, it is our opinion that the discreparicic, .
noted above are not material to the City's determination as to sufficiency of the Petitions and do
not rise to the level such that the City should reject the Petitions.
IV. LEGAL SUFFICIENCY OF BALLOT QUESTION
The law is not settled as to whether the City Council must place a proposed charter
amendment on the ballot if it believes the charter amendment, if adopted, would be invalid under
Florida law. Generally, however, Florida courts and the Florida Attorney General have taken the
position that the City Council's function under Section 166.031, Florida Statutes, is ministerial in
nature. According to Fla. AGO 74 -69:
"A city council may not look beyond the valid form of an initiative
petition in order to determine whether it should be placed on the
ballot .... The statute (Section 166.031, F.S.) vests no discretion in
3
ORLA_418838.1
:FOLEY
FOLEY & LARDNER LLP
the governing body of the city. The duty to place the proposal on
the ballot is purely ministerial...."
There is no Florida case law addressing the opinion of the Attorney General. There is,
however, case law to support the notion that a City may seek a declaratory judgment in advance
of placing a proposed charter amendment on the ballot to determine whether the substantive
provisions of the proposed amendment would be valid, if the referendum were to be successful.
See Gaines v. City of Orlando 450 So.2d 1174 (Fla. 5th DCA 1984). This implies a greater
amount of discretion than suggested by the Attorney General.
It is possible that the City will face a legal challenge to the validity of the proposed
charter amendment. Such challenge might be brought either before or after the referendum
election. While there may be a legal basis to challenge the validity of the proposed charter
amendment, we have not fully researched this issue or formed an opinion as to whether the
charter amendment could be successfully challenged. In the event a legal challenge is instituted
against the City, the City Council would need to direct the City Attorney to research the validity
of the charter amendment, and upon review and consideration of a report from the City Attorney,
direct the City Attorney as to the position to be advocated by the City in any litigation.
Based upon the above discussion, we have identified the following options for the City
Council:
1. Adopt a resolution directing the Supervisor of Elections to place the proposed
charter amendment on the ballot at the next general election. At the direction of the City
Council, the City Attorney will prepare such a resolution and present it to the City Council at the
August 21 regular meeting. Adoption of such a resolution would not preclude the City or others
from later seeking a declaratory judgment as to the charter amendment's validity. This is the
approach taken by the City of Titusville, which has received a similar citizen petition.
2. Seek a declaratory judgment to determine the validity of the proposed charter
amendment prior to adopting a resolution directing the Supervisor of Elections to place the
proposed charter amendment on the ballot. Any subsequent action would be guided by the
results of this legal proceeding.
3. Adopt a resolution directing the Supervisor of Elections to place the proposed
charter amendment on the ballot at the next general election in accordance with Option No. 1
above, and seek a declaratory judgment after this action but prior to the holding of the election.
Any subsequent action would be guided by the results of this legal proceeding.
4. Adopt the resolution as set forth in Options 1 and 3 above, and also propose a
supplemental charter amendment by ordinance exempting certain buildings from the height
restrictions contained in the Petitions or otherwise address any of Council's concerns with
respect to the proposed charter amendment. The supplemental charter amendment would be
placed on the ballot and be subject to the successful adoption of the charter amendment proposed
by the Petitions. This approach would allow the City Council to ask the voters to correct any
3
4
ORLA 418838.1
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FOLEY & LARDNER LLP
deficiencies which the City Council believes may exist in the charter amendment proposed by
the Petitions.
5. Take no action at this time to place the proposed charter amendment on the ballot,
but direct the City Attorney to research possible arguments that might be brought to challenge
the validity of the proposed amendment. This would delay the matter from being placed on the
November 7, 2006 ballot. Following such a request, the City Council could then consider
Options 1 — 4. We do not recommend this option since any opinion rendered by the City
Attorney would likely be subject to litigation and the issue would ultimately be resolved by the
courts.
In our opinion, the City Council does not have the option to simply ignore the Petition
and take no action. The most conservative approach would be to adopt Option No. 1 and wait to
see if any third parties bring a challenge to the proposed charter amendment.
It should be noted that if the proposed charter amendment is adopted, the City may be
subject to claims for compensation under the Bert Harris Act. We have not researched this issue
or formed an opinion as to whether the City would be subject to any liability. Whether the City
has any liability thereunder would ultimately be for a court to decide.
cc: Jon Williams, Interim City Manager
Susan Wadsworth, City Clerk
ORLA_418838.1
crrY of EncEwa.TEx CHARTER a.A1ErrnN[Errr- � r�
TO PR OMBIT BUMI)ING HEIGHTS EXCEEDING 35 FEET.
NOTICE: 104.185 — A person who knowingly signs a petition or petitions for a candidate, a minor political party, or an issue
more than one time commit, misdemeanor of the first degree, punishable as provided In s. 775.082 or s. 775.083.
PRINT NAME:
Pleat
STREET ADDRESS: (No P.O.
Name as it appears on Voter I.D. Card (Use Full Given
_ _ _ n f . ! - 2 i, /I - /7
No Nicknames)
CITY: EDGEWATER COUNTY. VOLUSIA STATE: FL ZIP: �—
IS THIS A CHANGE OF ADDRESS FOR VOTER REGISTRATION? YES �ryv
VOTER R ISTRATION # �� . X52 %-bR DATE OF BIRTH
X
SIGNATURE OF REGISTERED VOTER DAT
I am a resident of the City of Edgewater, and a registered voter in the City, in the County of
Volusia, Florida, and hereby petition the city council to place the following amendment to the
City Charter on the ballot at the next general election.
BALLOT TITLE: Height Amendment, Amending Edgewater City Charter Article
1.Powers, Prohibiting Building Heights Exceeding 35 feet.
BALLOT SUMMARY Height Amendment prohibits construction of new buildings that
exceed 35 feet in height; provides building height definitions and exclusions;
buildings presently exceeding 35 feet in height may be repaired to existing height;
prohibits alterations that would cause a building height to exceed 35 feet; is not
intended to restrict a property owner's vested rights under constitutional, statutory,
c coon law; repeals conflicting ordinances; provides effective date.
Yes No
FULL TEXT OF PROPOSED AMENDMENT Article I. Powers Sec. 1.01. General Powers shall be amended
to add Sec. 1.01(a) Authority to Limit Height.
(1) (a) In order to further protect the public health, safety, general welfare, and aesthetics, no new building
height shall exceed 35 feet, nor shall any existing building be altered to cause it to exceed a building height of
35 feet.
(b) Building height means the vertical distance from the elevation of the crown of the road of the nearest
adjacent roadway at the center of the front of the building to the highest point of the coping of a flat roof, the
deck line of a mansard roof, or the mean height level between eaves and ridge for hip, gable and gambrel
roofs.
(c) The height limits do not apply to spires, belfries, cupolas, flagpoles, antennas, water tanks, fire towers,
cooling towers, ventilators, chimneys, radio and television towers, elevator hoistways, not intended for human
occupancy.
(d) Buildings in existence or with approved construction permits or adopted Planned Unit Developments on or
before the effective date of this amendment, may be completed, repaired or rebuilt to a height not to exceed
the previously existing height, within the same building footprint, subject to any other applicable state, federal
or local laws. The height limits are not intended to restrict or otherwise adversely affect a property owner's
vested rights under constitutional, statutory or common law. If it is determined by a court of competent
jurisdiction that a landowner has vested rights, the landowner can elect to proceed with development under the
Land Development Code in effect on the date of the adoption of this amendment.
(e) Those parts of any ordinances in conflict with this section are hereby repealed. This section becomes
effective upon adoption. This amendment shall become effective immediately upon approval by the electors.
I CAN HELP: � Petitions Donate Money Contact me: Ph/ Email
MAIL TO: EDGEWATER CITIZEN'S ALLIANCE FOR RESPONSIBLE DEVELOPMENT, INC.
1714 Edgewater Dr., Edgewater, FL 32132 ph: 386/428 -2231
http :llwww.FloridaSOS.com EdgewaterCitizensAlliance (d..)(ahoo.com
Pd. Pot. Adv, by Edgewater Citizens' Alliance forResponslble Development, Inc, PAC.
CITY OF EDGEWATPR CHARTER AMENDMENT -
To PROHIBIT RING HEIGHTS EXCEEDING 35 FEET.
NOTICE: 104.185 -- A person who knowingly signs a petition or petitions for a candidate, a minor political party, or an Issue
more than one time commits a misdemeanor of the fir degre punishable as provided in s. 775.082 or s. 775.083.
PRINT NAME: o d 6 A ��61`
Please PRINT Name as it 9p pears on Voter I.D. Ca (Use Full Given Name, No Nicknames)
STREET ADDRESS: (No P.O. Boxes)
CITY: DG�EINATER : COUNTY: OLUSIA STATE: FL. ZIP:_I_�H/_
IS THIS A CHANGE OF ADDRESS FOR VOTER REGISTRATION? YES Z N 0
VOTER REG STRATION# l °Z ' OR DATE OF BIRTH DQ I Q l O
X �7- �b
SIGNATURE OF REGISTERED VOTER DATE
I am a resident of the City of Edgewater, and a registered voter in the City, in the County of
Volusia, Florida, and hereby petition the city council to place the following amendment to the
City Charter on the ballot at the next general election.
BALLOT TITLE: Height Amendment, Amending Edgewater City Charter Article
1.Powers, Prohibiting Building Heights Exceeding 35 feet.
BALLOT SUMMARY Height Amendment prohibits construction of new buildings that
exceed 35 feet in height; provides building height definitions and exclusions;
buildings presently exceeding 35 feet in height may be repaired to existing height;
prohibits alterations that would cause a building height to exceed 35 feet; is not
intended to restrict a property owner's vested rights under constitutional, statutory,
common law; repeals conflicting ordinances; provides effective date.
_Yes - No
FULL TEXT OF PROPOSED AMENDMENT Article 1. Powers Sec. 1.01. General Powers shall be amended
to add Sec. 1.01(a) Authority to Limit Height.
(1) (a) In order to further protect the public health, safety, general welfare, and aesthetics, no new building
height shall exceed 35 feet, nor shall any existing building be altered to cause it to exceed a building height of
35 feet.
(b) Building height means the vertical distance from the elevation of the crown of the road of the nearest
adjacent roadway at the center of the front of the building to the highest point of the coping of a flat roof, the
deck line of a mansard roof, or the mean height level between eaves and ridge for hip, gable and gambrel
roofs.
(c) The height limits do not apply to spires, belfries, cupolas, flagpoles, antennas, water tanks, fire towers,
cooling towers, ventilators, chimneys, radio and television towers, elevator hoistways, not intended for human
occupancy.
(d) Buildings in existence or with approved construction permits or adopted Planned Unit Developments on or
before the effective date of this amendment, may be completed, repaired or rebuilt to a height not to exceed
the previously existing height, within the same building footprint, subject to any other applicable state, federal
or local laws. The height limits are not intended to restrict or otherwise adversely affect a property owner's
vested rights under constitutional, statutory or common law. If it is determined by a court of competent
jurisdiction that a landowner has vested rights, the landowner can elect to proceed with development under the
Land Development Code in effect on the date of the adoption of this amendment.
(e) Those parts of any ordinances in conflict with this section are hereby repealed. This section becomes
effective upon adoption. This amendment shall become effective immediately upon approval by the electors.
I CAN HELP: Circulate Petitions Donate Money Contact me: Ph/ Email
MAIL TO: EDGEWATER CITIZEN'S ALLIANCE FOR RESPONSIBLE DEVELOPMENT, INC.
1714 Edgewater Dr., Edgewater, FL 32132 ph: 386/428 -2231
http: /PArww.FloriidaSOS.com EdgewaterCitizensAlliance nyahoo.com
Pd. Pol. Adv. by Edgewater Citizens' Alliance for Responsible Development Inc., PAC.
6 k
CITY OF EDGEWATER CITE AEI � N[ENT
TO FROBIT BU'UI'O HEIGHTS EXCEEDING 35 FEET.
NOTICE: 104.185 — A person who knowingly signs a petition or petitions for a candidate, a minor political party, or an issue
more than one time com b misdemeanor o the first d pu tshabie as provided In s. 775.082 or s. 775.083.
PRINT NAME: /c-c . 'G ./1 i3� �''a ✓� '`
Please PRINT Name as it appears on Wter I.D. Card (U de Full Given Name, No Nicknames)
STREET ADDRESS: (No P.O. Boxes)
CITY: EDGEWATER COUNTY: VOLUSIA STATE: FL ZIP
IS THIS A CHANGE OF ADDRESS FOR VOTER REGISTRATION? YES v NO
VOTER REGISTRATIO - / DATE OF BIRTH
SIGNATURE bF REGISTERED VOTER DATE
am a resident of the City of Edgewater, and a registered voter in the City, in the County of
Volusia, Florida, and hereby petition the city council to place the following amendment to the
City Charter on the ballot at the next general election.
BALLOT TITLE: Height Amendment, Amending Edgewater City Charter Article
I.Powers, Prohibiting Building Heights Exceeding 35 feet.
BALLOT SUMMARY Height Amendment prohibits construction of new buildings that
exceed 35 feet in height; provides building height definitions and exclusions;
buildings presently exceeding 35 feet in height may be repaired to existing height;
prohibits alterations that would cause a building height to exceed 35 feet; is not
intended to restrict a property owner's vested rights under constitutional, statutory,
com"n law; repeals conflicting ordinances; provides effective date.
1/ Yes No
FULL TEXT OF PROPOSED AMENDMENT Article I. Powers Sec. 1.01. General Powers shall be amended
to add Sec. 1.01(a) Authority to Limit Height.
(1) (a) In order to further protect the public health, safety, general welfare, and aesthetics, no new building
height shall exceed 35 feet, nor shall any existing building be altered to cause it to exceed a building height of .
35 feet.
(b) Building height means the vertical distance from the elevation of the crown of the road of the nearest
adjacent roadway at the center of the front of the building to the highest point of the coping of a flat roof, the
deck line of a mansard roof, or the mean height level between eaves and ridge for hip, gable and gambrel
roofs.
(c) The height limits do not apply to spires, belfries, cupolas, flagpoles, antennas, water tanks, fire towers,
cooling towers, ventilators, chimneys, radio and television towers, elevator hoistways, not intended for human
occupancy.
(d) Buildings In existence or with approved construction permits or adopted Planned Unit Developments on or
before the effective date of this amendment, may be completed, repaired or rebuilt to a height not to exceed
the previously existing height, within the same building footprint, subject to any other applicable state, federal
or local laws. The height limits are not intended to restrict or otherwise adversely affect a property owner's
vested rights under constitutional, statutory or common law. If it is determined by a court of competent
jurisdiction that a landowner has vested rights, the landowner can elect to proceed with development under the
Land Development Code in effect on the date of the adoption of this amendment.
(e) Those parts of any ordinances in conflict with this section are hereby repealed. This section becomes
effective upon adoption. This amendment shall become effective immediately upon approval by the electors.
I CAN HELP: Circulate Petitions Donate Money Contact me: Ph/ Email
MAIL TO: EDGEWATER CITIZEN'S ALLIANCE FOR RESPONSIBLE DEVELOPMENT, INC.
1714 Edgewater Dr., Edgewater, FL 32132 ph: 386/428 - 2231
http:llwww.FloridaSOS.com EdgewaterCitizensAllianci
Pd. Pol. Adv. by Edgewater Citizens' Alliance for Responsible Development Inc., PAC.
"C'
CITY OF EDGEWATER CHARTED. AMENDMENT- �j
TO PROHIBIT ]UD G HEIGHTS EXCEEDING 35 FE
NOTICE: 104.185 —A person who knowingly signs a petition or petitions for a candidate, a minor political party, or an issue
more than one time commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
PRINT NAME: T4m,, e � VV . � P/ vim l�/1/
Please PRINT Name as it appears on Voter I.D. Card (Use Full Given Name, No Nicknames)
STREET ADDRESS: (No P.O. Boxes) t% a �Z R V
CITY: EDGEWATER COUNTY: VOLUSIA STATE: FL ZIP:
IS THIS A CHANGE OF ADDRESS FOR VOTER REGISTRATION? YES -" . NO
V VTER E GI TRATION # () �" � N 3 V OR DATE OF BIRTH
� SJGNATIJIRE OF REGISTERED VOTER DATE
1 a a resident of the City of Edgewater, and a registered voter in the City, in the County of
Volusia, Florida, and hereby petition the city council to place the following amendment to the
City Charter on the ballot at the next general election.
BALLOT TITLE: Height Amendment, Amending Edgewater City Charter Article
1.Powers, Prohibiting Building Heights Exceeding 35 feet.
BALLOT SUMMARY Height Amendment prohibits construction of new buildings that
exceed 35 feet in height; provides building height definitions and exclusions;
buildings presently exceeding 35 feet in height may be repaired to existing height;
prohibits alterations that would cause a building height to exceed 35 feet; is not
intended to restrict a property owner's vested rights under constitutional, statutory,
co
1 mon law; repeals conflicting ordinances; provides effective date.
Yes No
FULL TEXT OF PROPOSED AMENDMENT Article I. Powers Sec. 1.01, General Powers shall be amended
to add Sec. 1.01(a) Authority to Limit Height.
(1) (a) In order to further protect the public health, safety, general welfare, and aesthetics, no new building
height shall exceed 35 feet, nor shall any existing building be altered to cause it to exceed a building height of
35 feet.
(b) Building height means the vertical distance from the elevation of the crown of the road of the nearest
adjacent roadway at the center of the front of the building to the highest point of the coping of a flat roof, the
deck line of a mansard roof, or the mean height level between eaves and ridge for hip, gable and gambrel
roofs.
(c) The height limits do not apply to spires, belfries, cupolas, flagpoles, antennas, water tanks, fire towers,
cooling towers, ventilators, chimneys, radio and television towers, elevator hoistways, not intended for human
occupancy.
(d) Buildings in existence or with approved construction permits or adopted Planned Unit Developments on or
before the effective date of this amendment, may be completed, repaired or rebuilt to a height not to exceed
the previously existing height, within the same building footprint, subject to any other applicable state, federal
or local laws. The height limits are not intended to restrict or otherwise adversely affect a property owner's
vested rights under constitutional, statutory or common law. If it is determined by a court of competent
jurisdiction that a landowner has vested rights, the landowner can elect to proceed with development under the
Land Development Code in effect on the date of the adoption of this amendment.
(e) Those parts of any ordinances in conflict with this section are hereby repealed. This section becomes
effective upon adoption. This amendment shall become effective immediately upon approval by the electors.
I CAN HELP: Circulate Petitions Donate Money Contact me: Ph/ Email
MAIL TO: EDGEWATER CITIZEN'S ALLIANCE FOR RESPONSIBLE DEVELOPMENT, INC.
1714 Edgewater Dr., Edgewater, FL 32132 ph: 3861428 -2231
11«u:frwww.rivrivaava.com tagewatercttizensAiliance cnr yahoo.com
Pd. Pot. Adv. by Edgewater Citizens' Alliance for Responsible Development Inc., PAC.
CITY OF DGEWAT R CITE. AMENDMENT —
TO PROHERIT RUHDING HEIGHTS EXCEEDING 35 FEET,
NOTICE: 104.185 —A person who knowingly signs a petition or petitions for a candidate, a minor political party, or an issue
more than one time commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
PRINT NAME: L e-`� l l f- ,<° , he, W\9kV
Please PRINT Name as it appears on Voter I.D. Card (Use Full Given Name, No Nicknames)
STREET ADDRESS: (No P.O. Boxes) . I 1 ud r✓ Ti c D Q u
CITY: EDGEWATER COUNTY:' VOLUSIA STATE: FL ZIP: 3 2, 1 1
IS THIS A CHANGE OF ADDRESS FOR VOTER REGISTRATION? YES : NO
VOTER REGISTRATION # C �i / OR DATE OF BIRTH 01 1 1
X �
C)
SIGNATURE OF REGISTERED VOTER DATE
I am a resident of the City of Edgewater, and a registered voter in the City, in the County of
Volusia, Florida, and hereby petition the city council to place the following amendment to the
City Charter on the ballot at the next general election.
BALLOT TITLE: Height Amendment, Amending Edgewater City Charter Article
1.Powers, Prohibiting Building Heights Exceeding 35 feet.
BALLOT SUMMARY Height Amendment prohibits construction of new buildings that
exceed 35 feet in height; provides building height definitions and exclusions;
buildings presently exceeding 35 feet in height may be repaired to existing height;
prohibits alterations that would cause a building height to exceed 35 feet; is not
intended to restrict a property owner's vested rights under constitutional, statutory,
co' mf�on law; repeals conflicting ordinances; provides effective date.
—7 Yes No
FULL TEXT OF PROPOSED AMENDMENT Article I. Powers Sec. 1.01. General Powers shall be amended
to add Sec. 1.01(a) Authority to Limit Height.
(1) (a) In order to further protect the public health, safety, general welfare, and aesthetics, no new building
height shall exceed 35 feet, nor shall any existing building be altered to cause it to exceed a building height of
35 feet.
(b) Building height means the vertical distance from the elevation of the crown of the road of the nearest
adjacent roadway at the center of the front of the building to the highest point of the coping of a flat roof, the
deck line of a mansard roof, or the mean height level between eaves and ridge for hip, gable and gambrel
roofs.
(c) The height limits do not apply to spires, belfries, cupolas, flagpoles, antennas, water tanks, fire towers,
cooling towers, ventilators, chimneys, radio and television towers, elevator hoistways, not intended for human
occupancy.
(d) Buildings in existence or with approved construction permits or adopted Planned Unit Developments on or
before the effective date of this amendment, may be completed, repaired or rebuilt to a height not to exceed
the previously existing height, within the same building footprint, subject to any other applicable state, federal
or local laws. The height limits are not intended to restrict or otherwise adversely affect a property owner's
vested rights under constitutional, statutory or common law. If it is determined by a court of competent
jurisdiction that a landowner has vested rights, the landowner can elect to proceed with development under the
Land Development Code in effect on the date of the adoption of this amendment.
(e) Those parts of any ordinances in conflict with this section are hereby repealed. This section becomes
effective upon adoption. This amendment shall become effective immediately upon approval by the electors.
I C A N HELP: Circulate Petitions Donate Money Contact me: Ph/ Email
MAIL TO: EDGEWATER CITIZEN'S ALLIANCE FOR RESPONSIBLE DEVELOPMENT, INC.
1714 Edgewater Dr., Edgewater, FL 32132 ph: 3861428 -2231
h u llrV1A&Atw Ir1Arir'1nQr%C w +..
r cu_ ycwaLur%.inzenstyutance(CDyahoo corn Pd. Pol. AK b E ewater Citizens' Alllance forResponslble Development Inc., PAC.
I
I
MY OF EDGEWA.TER CHARTER AMENDME
TO PR.OMuI' nUIEDING BUGRTS EXCEEDING 35 MET
NOTICE: 104.185 —A person who knowingly signs a petition or petitions for a candidate, a minor political part/! or an Issue
more than one time commits a misdemeanor of the first degree, punishable as provided In s. 775.082 or s. 775.083.
ec
PRINT NAME: ( � 'aXfl I A _ r-1 /) 1--/2 -V
Please PRINT Name as it appeM on Voter I.D. Card (Use Full Given Name, No Nicknames)
STREET ADDRESS: (No P.O. Boxes)
CITY; DG AEA/ TER ' COUNTY VOLUSIA STATE: FL ZIP: /
IS TH A GE OF ADDRESS FOR VOTER REGISTRATION? YES NO
VOTER REGISTRATION #_ (� ' � ' OR DATE OF BIRTH _f ` 7
X I o0
SIGNATURE OF REGISTERED OTER DATE
I am a resident of the City of Edgewater, and a registered voter in the City, in the County of
Volusia, Florida, and hereby petition the city council to place the following amendment to the
City Charter on the ballot at the next general election.
BALLOT TITLE: Height Amendment, Amending Edgewater City Charter Article
1.Powers, Prohibiting Building Heights Exceeding 35 feet.
BALLOT SUMMARY Height Amendment prohibits construction of new buildings that
exceed 35 feet in height; provides building height definitions and exclusions;
buildings presently exceeding 35 feet in height may repaired to existing height;
prohibits alterations that would cause a building height to exceed 35 feet; is not
intended to restrict a property owner's vested rights under constitutional, statutory,
common law; repeals conflicting ordinances; provides effective date.
--,Kr -- No
FULL TEXT OF PROPOSED AMENDMENT Article I. Powers Sec. 1.01. General Powers shall be amended
to add Sec. 1.01(a) Authority to Limit Height.
(1) (a) In order to further protect the public health, safety, general welfare, and aesthetics, no new building
height shall exceed 35 feet, nor shall any existing building be altered to cause It to exceed a building height of
35 feet.
(b) Building height means the vertical distance from the elevation of the crown of the road of the nearest
adjacent roadway at the center of the front of the building to the highest point of the coping of a flat roof, the
deck line of a mansard roof, or the mean height level between eaves and ridge for hip, gable and gambrel
roofs.
(c) The height limits do not apply to spires, belfries, cupolas, flagpoles, antennas, water tanks, fire towers,
cooling towers, ventilators, chimneys, radio and television towers, elevator hoistways, not intended for human
occupancy.
(d) Buildings in existence or with approved wrishuciion perrtiits or adopted Planned Unit Developanents on or
before the effective date o; this amandment, riay be completed, repaired or rebuilt to a height not to exceed
the previously existing height, within the same building footprint, subject to any other applicable state, federal
or local laws. The height limits are not intended to restrict or otherwise adversely affect a, property owner's
vested tights under constitutional, statutory or common law. If it is determined by a court of competent
jurisdiction that a landowner has vested rights, the landowner can elect to proceed with development under the
Land Development Code In effect on the date of the adoption of this amendment.
(e) Those parts of any ordinances in conflict with this section are hereby repealed. This section becomes
effective upon adoption. This amendment shall become effective immediately upon approval by the electors.
I CAN HELP. _circulate Petitions Donate Money Contact me: Ph/ Email
MAIL TO: EDGEWATER CITIZEN'S ALLIANCE FOR RESPONSIBLE DEVELOPMENT, INC.
1714 Edgewater'Dr., Edgewater, FL 32132 ph: 3861428 -2231
htt_p :flwww.FloridaSOS com EdgewaterCitizensAlllance (&yahoo com
Pd. Por. Adv. by Ed9ew6W M ms' Aftme for Responsrbh Poveloom&tt knr PAC-
J;("",
CITY OF EDGEWATER CHARTER AMENDMENT -
TO PROHIBIT BUILDING HEIGHTS EXCEEDING 35 FEET.
NOTICE: 104.185 — A person who knowingly signs a petition or petitions for a candidate, a minor political party, or an issue
more than one time commits a misdemeanor of the first degree, punishable as provided in S. 775.082 or s. 775.083.
PRINT NAME: _ O�r��, c11�,� LC6
Please PRINT Name as it appears on Voter I.D. Card (Use Full Given Name, No Nicknames)
STREET ADDRESS: (No P.O. Boxes) F)0 6Chewwr{s loo
CITY: EDGEWATER COUNTY: VOLUSIA STATE: FL ZIP: 3213 Z
IS THIS A CHANGE OF ADD FOR VOTER REGISTRATION? YES - " NO
VOTER RE IS TION d . "l OR DATE OF BIRTH 7 1 3 I / /'�
X l� alv -05
SIG�TURMF REGISTERED VOTER DATE
I am resident of the City of Edgewater, and a registered voter in the City, in the County of
Volusia, Florida, and hereby petition the city council to place the following amendment to the
City Charter on the ballot at the next general election.
BALLOT TITLE: Height Amendment, Amending Edgewater City Charter Article
1.Powers, Prohibiting Building Heights Exceeding 35 feet.
BALLOT SUMMARY Height Amendment prohibits construction of new buildings that
exceed 35 feet in height; provides building height definitions and exclusions;
buildings presently exceeding 35 feet in height may be repaired to existing height;
prohibits alterations that would cause a building height to exceed 35 feet; is not
intended to restrict a property owner's vested rights under constitutional, statutory,
co7ye n law; repeals conflicting ordinances; provides effective date.
No
FULL TEXT OF PROPOSED AMENDMENT Article I. Powers Sec. 1.01. General Powers shall be amended
to add Sec. 1.01(a) Authority to Limit Height.
(1) (a) In order to further protect the public health, safety, general welfare, and aesthetics, no new building
height shall exceed 35 feet, nor shall any existing building be altered to cause it to exceed a building height of
35 feet.
(b) Building height means the vertical distance from the elevation of the crown of the road of the nearest
adjacent roadway at the center of the front of the building to the highest point of the coping of a flat roof, the
deck line of a mansard roof, or the mean height level between eaves and ridge for hip, gable and gambrel
roofs.
(c) The height limits do not apply to spires, belfries, cupolas, flagpoles, antennas, water tanks, fire towers,
cooling towers, ventilators, chimneys, radio and television towers, elevator hoistways, not intended for human
occupancy.
(d) Buildings in existence or with approved construction permits or adopted Planned Unit Developments on or
before the effective date of this amendment, may be completed, repaired or rebuilt to a height not to exceed
the previously existing height, within the same building footprint, subject to any other applicable state, federal
or local laws. The height limits are not intended to restrict or otherwise adversely affect a property owner's
vested rights under constitutional, statutory or common law. If it is determined by a court of competent
jurisdiction that a landowner has vested rights, the landowner can elect to proceed with development under the
Land Development Code in effect on the date of the adoption of this amendment.
(e) Those parts of any ordinances in conflict with this section are hereby repealed. This section becomes
effective upon adoption. This amendment shall become effective immediately upon approval by the electors.
I CAN HELP: — Circulate Petitions Donate Money Contact me: Ph/ Email
MAIL TO: EDGEWATER CITIZEN'S ALLIANCE FOR RESPONSIBLE DEVELOPMENT, INC.
1714 Edgewater Dr., Edgewater, FL 32132 ph: 386/428 -2231
nttp:/iwww.F1orida505.com EdgewaterCitizensAlliance (c- vahoo.com
Pd. Pot. Adv. by Edgewater Citizens' Alliance forResponslble Development Inc., PAC.
CITY OF EDGEWATER CHARTER AMENDMENT -
TO PROHIBIT BUILDING HEIGHTS EXCEEDING 35 FEET.
NOTICE: 104.185 — A person who knowingly signs a petition or petitions for a candidate, a minor political party, or an issue
j more than one time corpmits a misdemeanor the first degree, punishable as provided in s. 77P.082 or s. 775.083.
PRINT NAME: GC=,
Please PRWt Name as it ap ar5 on Voter I. and (Us u Glv n Name, No Nickna es
STREET ADDRESS: (No P.O. Boxes ) �G
CITY: EDGEWATER COUNTY: VOLUSIA STATE: FL ZIP: I
IS THIS A CHANGE OF ADDRESS FOR VOTER REGISTRATION? YES NO
VOTER REG TRATION # V OR DATE OF BIRTH1 / 1 S
x
SIGNATURE OF REGISTERED VOTER DAT
am a resident of the City of Edgewater, and a registered voter in the City, in the County of
Volusia, Florida, and hereby petition the city council to place the following amendment to the
City Charter on the ballot at the next general election.
BALLOT TITLE: Height Amendment, Amending Edgewater City Charter to Prohibit
New Building Heights Exceeding 35 feet.
BALLOT SUMMARY Height Amendment prohibits construction of new buildings that
exceed 35 feet in height; provides building height definitions and exclusions;
buildings presently exceeding 35 feet in height may be repaired to existing height;
prohibits alterations that would cause a building height to exceed 35 feet; is not
intended to restrict a property owner's vested rights under constitutional, statutory,
co mon law; repeals conflicting ordinances; provides effective date.
Yes No
FULL TEXT OF PROPOSED AMENDMENT Article I. Powers Sec. 1.01. General Powers shall be amended
to add Sec. 1.01(a) Authority to Limit Height.
(1) (a) In order to further protect the public health, safety, general welfare, and aesthetics, no new building
height shall exceed 35 feet, nor shall any existing building be altered to cause it to exceed a building height of
35 feet.
(b) Building height means the vertical distance from the elevation of the crown of the road of the nearest
adjacent roadway at the center of the front of the building to the highest point of the coping of a flat roof, the
deck line of a mansard roof, or the mean height level between eaves and ridge for hip, gable and gambrel
roofs.
(c) The height limits do not apply to spires, belfries, cupolas, flagpoles, antennas, water tanks, fire towers,
cooling towers, ventilators, chimneys, radio and television towers, elevator hoistways, not intended for human
occupancy.
(d) Buildings in existence or with approved construction permits or adopted Planned Unit Developments on or
before the effective date of this amendment, may be completed, repaired or rebuilt to a height not to exceed
the previously existing height, within the same building footprint, subject to any other applicable state, federal
or local laws. The height limits are not intended to restrict or otherwise adversely affect a property owner's
vested rights under constitutional, statutory or common law. If it is determined by a court of competent
jurisdiction that a landowner has vested rights, the landowner can elect to proceed with development under the
Land Development Code in effect on the date of the adoption of this amendment.
(e) Those parts of any ordinances in conflict with this section are hereby repealed. This section becomes
effective upon adoption. This amendment shall become effective immediately upon approval by the electors.
I CAN HELP: Circulate Petitions Donate Money Contact me: Ph/Email
MAIL TO: EDGEWATER CITIZEN'S ALLIANCE FOR RESPONSIBLE DEVELOPMENT, INC.
1714 Edgewater Dr., Edgewater, FL 32132 ph: 386/428 -2231
nup:nwww.rioriaasUS.com EdgewaterCitizensAlliance( _yahoo.com
Pd. Pol. Adv. by Edgewater Citizens' Alliance for Responsible Development, Inc., PAC.
i
CITY OF EDGEWATER CHARTER AMENDMENT -
TO PROHIBIT BUILDING HEIGHTS EXCEEDING 35 FEET.
NOTICE: 104.185 — A person who knowingly signs a petition or petitions for a candidate, a minor political party, or an issue
more than onetime commits a misdemeanor of the first degree, punish leas provided ins. 725.082 or s. 775.083.
PRINT NAME: �,,, 1 L L
Please P T Name as it appears on Vot I.D. Card (Use Full Given Name, No Nicknames)
STREET ADDRESS: (No P.O. Boxes
CITY: EDGEWATER COUNTY: VOLUSIA STATE: FL
ZIP:
YES NO
IS THIS A CHANGE OF ADDRESS FOR VOTER REGISTRATION?
VOTER REGISTRATION # OR DATE OF BIRTH - 4 — i / V 6
X
SIGNATURE OF REGISTERED VOTER 4DE
I am a resident of the City of Edgewater, and a registered voter in the City, in the County of
Volusia, Florida, and hereby petition the city council to place the following amendment to the
City Charter on the ballot at the next general election.
BALLOT TITLE: Height Amendment, Amending Edgewater City Charter to Prohibit
New Building Heights Exceeding 35 feet.
BALLOT SUMMARY Height Amendment prohibits construction of new buildings that
exceed 35 feet in height; provides building height definitions and exclusions;
buildings presently exceeding 35 feet in height may be repaired to existing height;
prohibits alterations that would cause a building height to exceed 35 feet; is not
intended to restrict a property owner's vested rights under constitutional, statutory,
co mon law; repeals conflicting ordinances; provides effective date.
Yes No
FULL TEXT OF PROPOSED AMENDMENT Article I. Powers Sec. 1.01. General Powers shall be amended
to add Sec. 1.01(a) Authority to Limit Height.
(1) (a) In order to further protect the public health, safety, general welfare, and aesthetics, no new building
height shall exceed 35 feet, nor shall any existing building be altered to cause it to exceed a building height of
35 feet.
(b) Building height means the vertical distance from the elevation of the crown of the road of the nearest
adjacent roadway at the center of the front of the building to the highest point of the coping of a flat roof, the
deck line of a mansard roof, or the mean height level between eaves and ridge for hip, gable and gambrel
roofs.
(c) The height limits do not apply to spires, belfries, cupolas, flagpoles, antennas, water tanks, fire towers,
cooling towers, ventilators, chimneys, radio and television towers, elevator hoistways, not intended for human
occupancy.
(d) Buildings in existence or with approved construction permits or adopted Planned Unit Developments on or
before the effective date of this amendment, may be completed, repaired or rebuilt to a height not to exceed
the previously existing height, within the same building footprint, subject to any other applicable state, federal
or local laws. The height limits are not intended to restrict or otherwise adversely affect a property owner's
vested rights under constitutional, statutory or common law. If it is determined by a court of competent
jurisdiction that a landowner has vested rights, the landowner can elect to proceed with development under the
Land Development Code in effect on the date of the adoption of this amendment.
(e) Those parts of any ordinances in conflict with this section are hereby repealed. This section becomes
effective upon adoption. This amendment shall become effective immediately upon approval by the electors.
I CAN HELP: Circulate Petitions Donate Money Contact me: Ph/ Email
MAIL TO: EDGEWATER CITIZEN'S ALLIANCE FOR RESPONSIBLE DEVELOPMENT, INC.
1714 Edgewater Dr., Edgewater, FL 32132 ph: 386/428 -2231
•••�M•••W• wv tvi tag _ewatercitizensAlliance(&yahoo com
Pd. Pot. Adv. by Edgewater Citizens' Alliance for Responsible Development, Inc., PAC.
ir�?gk
CITY OF EDGEWATER CHARTER AMENDMENT -
TO PROHIBIT BUILDING HEIGHTS EXCEEDING 35 FEET.
NOTICE: 104.185 — A person who knowingly signs a petition or petitions for a candidate, a minor political party, or an issue
more than one time mits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
12, vno
PRINT NAME:
11 15 lease PtO Name as it appears onn Vo er I.D. Card (Use Full Given Name, No Nicknames)
STREET ADDRESS: (No P.O. Boxes) 10 k , A r -) A, 0 i?
I V v - -
CITY: EDGEWATER COUNTY: VOLUSIA STATE: FL ZIP:
IS THIS A CHANGE OF ADDRESS FOR VOTER REGISTRATION? YESNO
VO TI ON # % OR DATE OF B/RTH
X ~'
SIGNATURE OF REGISTERED VOTER DA
I am a resident of the City of Edgewater, and a registered voter in the City, in the County of
Volusia, Florida, and hereby petition the city council to place the following amendment to the
City Charter on the ballot at the next general election.
BALLOT TITLE: Height Amendment, Amending Edgewater City Charter to Prohibit
New Building Heights Exceeding 35 feet.
BALLOT SUMMARY Height Amendment prohibits construction of new buildings that
exceed 35 feet in height; provides building height definitions and exclusions;
buildings presently exceeding 35 feet in height may be repaired to existing height;
prohibits alterations that would cause a building height to exceed 35 feet; is not
intended to restrict a property owner's vested rights under constitutional, statutory,
co mon law; repeals conflicting ordinances; provides effective date.
_ Yes No
ruLL TEXT OF PROPOSED AMENDMENT Article I. Powers Sec. 1.01. General Powers shall be amended
to add Sec. 1.01(a) Authority to Limit Height.
(1) (a) In order to further protect the public health, safety, general welfare, and aesthetics, no new building
height shall exceed 35 feet, nor shall any existing building be altered to cause it to exceed a building height of
35 feet.
(b) Building height means the vertical distance from the elevation of the crown of the road of the nearest
adjacent roadway at the center of the front of the building to the highest point of the coping of a flat roof, the
deck line of a mansard roof, or the mean height level between eaves and ridge for hip, gable and gambrel
roofs_
(c) The height limits do not apply to spires, belfries, cupolas, flagpoles, antennas, water tanks, fire towers,
cooling towers, ventilators, chimneys, radio and television towers, elevator hoistways, not intended for human
occupancy.
(d) Buildings in existence or with approved construction permits or adopted Planned Unit Developments on or
before the effective date of this amendment, may be completed, repaired or rebuilt to a height not to exceed
the previously existing height, within the same building footprint, subject to any other applicable state, federal
or local laws. The height limits are not intended to restrict or otherwise adversely affect a property owner's
vested rights under constitutional, statutory or common law. If it is determined by a court of competent
jurisdiction that a landowner has vested rights, the landowner can elect to proceed with development under the
Land Development Code in effect on the date of the adoption of this amendment.
(e) Those parts of any ordinances in conflict with this section are hereby repealed. This section becomes
effective upon adoption. This amendment shall become effective immediately upon approval by the electors.
I CAN HELP: Circulate Petitions Donate Money Contact me: Ph/ Email
MAIL TO: EDGEWATER CITIZEN'S ALLIANCE FOR RESPONSIBLE DEVELOPMENT, INC.
1714 Edgewater Dr., Edgewater, FL 32132 ph: 3861428 -2231
u.ttnlww.rlVrlud000.GOm td aewaterCitizensAlliance(cDyahoo com
Po. Pol. Adv. by Edgewater Citizens' Alliance for Responsible Development, Inc., PAC.
07- 1 �` - t;5P03:s3
ECARD, Inc.
1714 Edgewater Dr.
Edgewater, FL 32132
Ann McFall, Supervisor of Elections
County of Volusia
125 W. New York Ave.
DeLand, FL 32720
Susan J. Wadsworth
City Clerk, City of Edgewater
104 N. Riverside Dr.
Edgewater, FL 32132
Dear Mrs. McFall and Mrs. Wadsworth:
Please forward this request to your respective legal counsels if in question.
We are herewith requesting that you officially certify that our organization has met the
legal requirements of the Edgewater City Charter and general law as regards the
sufficiency of validated petitions /signatures that ECARD has been circulating to amend
the Edgewater City Charter, referred to as the 35 Ft. Height Cap. Further, your
certification should affirm that the petition ballot language will therefore, lawfully, be
placed upon the General Election ballot and presented to the registered voters of
Edgewater on November 7 2006 for adoption.
Please advise us immediately of your determination of this matter. Our attorney has
advised us that time is of the essence.
Thank you.
F
Dorothy Carlson, President
AGENDA REQUEST
Date: August 7, 2006
PUBLIC
HEARING
BOARD
APPOINTMENT
RESOLUTIONS '100(,t`Z- 0"Zk ORDINANCE
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Amendments to the Personnel Policies and Procedures Manuals for General/Non Management
Personnel, Supervisory Personnel and Directors/Deputy Directors.
BACKGROUND:
The policies and procedures referenced above encompass all City employees, including those
belonging to a collective bargaining unit. The collective bargaining agreements prevail whenever
there is a conflict. The first proposed amendment is concerning paychecks; the language is being
corrected in all three manuals to describe weekly rather than bi- weekly pay. The second proposed
amendment is the result of an agreement between the Fire/Rescue Employee Management
Committee and the previous City Manager concerning the cashing of sick leave. This change would
only occur in the General/Non Management Personnel and the Supervisory Personnel manuals.
STAFF RECOMMENDATION:
Staff recommends these amendments to the policies and procedures, with the understanding that
these subjects may be reevaluated during collective bargaining negotiations.
ACTION REQUESTED:
Motion to amend the General Non Management Policies and Procedures, the Supervisory
Policies and Procedures and the Management Policies and Procedures manuals as proposed.
FINANCIAL IMPACT (FINANCE DIRECTOR)
N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A
PREVIOUS AGENDA ITEM:
DATE:
Respectfully submitted,
De borah Sigler, Pers el Director
YES NO X
AGENDA ITEM NO.
A Al
ams, Interi City Manager
RESOLUTION NO. 2006-R-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, MODIFYING THE GENERAL
NONMANAGEMENT AND SUPERVISORY PERSONNEL
POLICIES AND PROCEDURES MANUALS BY AMENDING
SECTION 7.04 (PAY) AND SECTION 8.07 (SICK LEAVE);
AND MODIFYING THE MANAGEMENT POLICIES AND
PROCEDURES MANUAL BY AMENDING SECTION 7.04
(PAY); REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
WHEREAS, in June 2005, City Council approved restating the existing Personnel Policies
and Procedures Manual into three (3) separate manuals which would cover the (1) General/Non-
Management Personnel; (2) Supervisory Personnel; and (3) Management Personnel - Department
Directors /Deputy Directors.
WHEREAS, upon review of the current policies, it has been determined that there is a need
to modify Section 7.04 (Pay) in the General/Non- Management, Supervisory, and Management
Policies and Procedures Manuals. Section 8.07 (Sick Leave) would be modified in the General/Non-
Management and Supervisors Policies and Procedures Manuals.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Edgewater, Florida:
Section 1. Section 7.04 (Pay) has been modified to reflect paychecks will be distributed
weekly, not bi- weekly in the Personnel Policies and Procedures for General/Non- Management
Personnel; for Supervisory Personnel and for Management Personnel dated August 2006, attached
hereto and incorporated herein by reference as Exhibits "A ", "B" and "C" (respectively), are hereby
2006 -R -08
approved.
Section 2. Section 8.07 (Sick Leave) has been modified to reflect that with a minimum
of seven (7) years of service, not ten (10), an employee may exchange one (1) hour sick leave for one
(1) hour of pay and that an employee with less than seven (7) years of service, not five (5) may
exchange sick leave at a rate of two (2) hours (not three (3)) sick leave for one (1) hour of pay in the
Personnel Policies and Procedures for General/Non- Management Personnel and for Supervisory
Personnel dated August 2006, attached hereto and incorporated herein by reference as Exhibits "D"
and "E" (respectively), are hereby approved.
Section 3. The Interim City Manager is directed and authorized to make certain that the
aforesaid Personnel Policies and Procedures Manuals are included as part of the City of Edgewater's
personnel system, Administrative Code and Personnel Policy and Procedures Manuals.
Section 4. All resolutions or parts of resolutions in conflict herewith be and the same are
hereby repealed.
Section 5. This resolution shall take effect upon adoption.
After Motion to approve by
, the vote on this resolution was as follows:
AYE
Mayor Mike Thomas
Councilman Debra J. Rogers
Councilman Dennis A. Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
and Second by
NAY
2006 -R -08 2
PASSED, APPROVED AND ADOPTED this 21 st day of August, 2006.
ATTEST:
Susan J. Wadsworth
City Clerk
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: 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 21 st day
of August, 2006 under Agenda Item No.
6
2006 -R -08 3
RECOGNITION
The Management Personnel Policies and Procedures apply to Department Director
positions, Deputy Director positions, Assistant City Manager and Fire Captain. In the
event an employment agreement has been entered into with the City, and a conflict exists
between these policies and the agreement, the contents of the agreement prevails.
The Supervisory Personnel Policies and Procedures apply to the following positions:
Public Works Superintendent, Stormwater Superintendent, Field Operations
Superintendent, Wastewater Collections Superintendent, Wastewater Plant
Superintendent, Water Plant Superintendent, Community Services Supervisor,
Fire/Rescue Lieutenant, and Fire Marshall.
The General Non - Management Personnel Policies and Procedures apply to the
following positions: Personnel Administrative Assistant, Deputy City Clerk, CRA /Grant
Administrator, Management Information Specialist, Para Legal, Accountant, Firefighters
EMT/Paramedics, Fire/Rescue Driver Operators.
These provisions also apply to all general/ non - management employees. In the event
there is a conflict between these policies and their respective collective bargaining
agreements, the contents of the agreements prevail.
ueneral Non Management Personnel
b. Operational
When a demotion is initiated due to operational requirements or for the
convenience of the City, the rate of pay may be reduced, and cannot exceed the
maximum pay rate of the new classification.
C. Reduction in Force
When a position is abolished and the employee accepts a position in a lower
classification, the rate of pay may be reduced.
d. Performance
When an employee is demoted due to an inability to meet performance
requirements, the employee's salary will have to be adjusted to fit within the
salary range of the pay classification.
Disciplinary
An employee may be demoted as a disciplinary measure. The rate of pay shall be
reduced.
D. Transfer:
1 . When employee is transferred from one position to another in the same classification or
to a position in another classification with the same pay range he may continue to be
paid at the same pay rate and shall retain his anniversary date.
2. The transferred employee shall serve a six (6) months probationary period upon entering
a new position.
2. The promoted employee may be required to take a drug test. A physical will be required
if the new position warrants.
E. Reclassification
When a job changes significantly in terms of job content and responsibilities, a reclassification
may be considered and may result in a higher or lower classification:
1 . If the position is downgraded, the new rate of pay shall be determined by the policy
described in Section C above: Demotions - Operational.
2. When an occupied position is upgraded, the new rate of pay shall be determined by the
policy described in Section B above: Promotions.
7.04 PAY
A. Payday
Paychecks will be distributed bi- weekly.
B. Pay Advances
The City of Edgewater does not make advances on any employee's pay except in the case of
vacation.
C. Pay Period
The pay period runs bi- weekly from Sunday through Saturday
D. Separation from Employment
Persons leaving the employment of the City between regular paydays will receive their
paychecks at the next regular payday. All City property must be turned in at the time of
separation and prior to receiving final pay or the cost of such property will be reimbursed to
the City before the release of a final paycheck. Because the City may pay insurance premiums
one month in advance, the prorated cost of the coverage for the remainder of the month will
be deducted from the employee's final paycheck,
August 2006 16
8. The City has the right to require a doctor's certificate supporting a request for a leave
due to a serious illness of the employee or the serious illness of a child, spouse or parent
of the employee. The City has the right to require the employee, at the City's expense,
to, obtain the opinion of a second doctor as to his condition or the condition of a
seriously ill parent, spouse or child.
9. At the conclusion of any leave taken under this section, the employee shall be restored
to his previous position, or an equivalent position with equivalent employment benefits,
pay and other terms and conditions of employment. The employee shall not be entitled
to the accrual of seniority or other benefits during any unpaid term of the leave.
10. The employee's health insurance benefits will be continued during the leave of absence
at the same level and conditions as if the employee had continued to work. If however
the employee fails to return to work at the completion of the leave, the City has the right
to recover from the employee the premiums paid for maintaining medical insurance
coverage.
11. Any employee taking leave under this section shall be required to periodically report to
the City on the status and intention of the employee to return to work.
12. Any employee paid among the top 10% and considered by the City as a "key employee"
may not be entitled to reinstatement upon expiration of leave if reinstatement would
cause substantial and grievous economic injury to the City's operation.
13. Prior to returning to work, in cases of serious illness of the employee, the City has the
right to require of the employee a doctor's certificate stating that the employee is able to
return to work.
All Family and Medical Leave will be arranged through the Personnel Director.
8.07 SICK LEAVE
All employees of the City shall be entitled to sick leave and compensation therefore under the following
terms and conditions:
A. In order to receive pay for sick leave an employee must notify the Supervisor, Department
Director or designee of the specific employee's department, at the start of the workday which
he will miss.
B. Sick leave will be earned at the rate of eight (8) hours for each month of service for general
employees and shall accumulate up to a maximum of five hundred (500) hours. Sick leave will
be earned at the rate of twelve (12) hours for each month of service for Fire /Rescue employees
and shall accumulate up to a maximum of seven hundred twenty (720) hours. In order for a
general employee to exchange sick leave for cash, they must maintain one hundred sixty (160)
hours accumulated sick leave. In order for Fire /Rescue employees to exchange sick leave for
cash, they must maintain two hundred forty (240) hours accumulated sick leave.
1. Any employee covered under these policies and procedures with a minimum of ten ('1 Al
seven (7) years of service with the City may exchange one (1) hour sick leave for one (1)
hour of pay.
2. Any employee eovered under these poli-eies and PFOeedUFes w at 'east five (6) yeaFS-Of
. - and less than ten (10) yeaFS of service with the Gity may emehange sick leave at
a rate of two (2) hours s leave for one (1) hour of pay.
2. Any employee covered under these policies and procedures with less than five (6) seven
(_71 years of service with the City may exchange sick leave at a rate of three (3) two (2)
hours sick leave for one (1) hour of pay.
August 2006 24
Supervisory Personnel
Reduction in Force
When a position is abolished and the Supervisor accepts a position in a lower
classification, the rate of pay may be reduced.
Performance
When a Supervisor is demoted due to an inability to meet performance
requirements, the Supervisor's salary will have to be adjusted to fit within the
salary range of the pay classification.
Disciplinary
A Supervisor may be demoted as a disciplinary measure. The rate of pay shall be
reduced.
D. Transfer
1. When a Supervisor is transferred from one position to another in the same classification
or to a position in another classification with the same pay range he shall continue to be
paid at the same pay rate and shall retain his anniversary date.
2. The transferred (40 -hour week) Supervisor shall serve a six (6) months probationary
period upon entering a new position. The transferred (53 -hour week) Fire Supervisor
shall serve a one (1) year probationary period upon entering a new position.
3. The promoted Supervisor may be required to take a drug test. A physical will be
required if the new position warrants.
Reclassification
When a job changes significantly in terms of job content and responsibilities, a reclassification
may be considered and may result in a higher or lower classification.
1. If the position is downgraded, the new rate of pay shall be determined by the policy
described in Section C above: Demotions - Operational.
2. When an occupied position is upgraded, the new rate of pay shall be determined by the
policy described in Section B above: Promotions.
7.04 PAY
A. Payday
Effeeti j anuary 2096, Paychecks will be distributed bi- weekly.
B. Pay Advances
The City of Edgewater does not make advances on any Supervisor's pay except in the case of
vacation.
C. Pay Period
The pay period runs from Sunday through Saturday.
D. Separation from Employment
Persons leaving the employment of the City between regular paydays will receive their
paychecks at the next regular payday. All City property must be turned in at the time of
separation and prior to receiving final pay or the cost of such property will be reimbursed to
the City before the release of the final paycheck. Because the City may pay insurance
premiums one month in advance, the prorated cost of the coverage for the remainder of the
month will be deducted from the Supervisor's final paycheck.
August 2006 15
8. The City has the right to require a doctor's certificate supporting a request for a leave
due to a serious illness of the employee or the serious illness of a child, spouse or parent
of the employee. The City has the right to require the employee, at the City's expense,
to obtain the opinion of a second doctor as to his condition or the condition of a
seriously ill parent, spouse or child.
9. At the conclusion of any leave taken under this section, the employee shall be restored
to his previous position, or an equivalent position with equivalent employment benefits,
pay and other terms and conditions of employment. The employee shall not be entitled
to the accrual of seniority or other benefits during any unpaid term of the leave.
10. The employee's health insurance benefits will be continued during the leave of absence
at the same level and conditions as if the employee had continued to work. If however
the employee fails to return to work at the completion of the leave, the City has the right
to recover from the employee the premiums paid for maintaining medical insurance
coverage.
11. Any employee taking leave under this section shall be required to periodically report to
the City on the status and intention of the employee to return to work.
12. Any employee paid among the top 10% and considered by the City as a "key employee"
may not be entitled to reinstatement upon expiration of leave if reinstatement would
cause substantial and grievous economic injury to the City's operation.
13. Prior to returning to work, in cases of serious illness of the employee, the City has the
right to require of the employee a doctor's certificate stating that the employee is able to
return to work.
All Family and Medical Leave will be arranged through the Personnel Director.
8.07 SICK LEAVE
All Supervisors of the City shall be entitled to sick leave and compensation therefore under the following
terms and conditions:
A. In order to receive pay for sick leave a Supervisor must notify the Department Director or
designee of the specific Supervisor's department, at the start of the work day, which he will
miss.
B. Sick leave will be earned at the rate of eight (8) hours for each month of service for general
Supervisors and shall accumulate up to a maximum of five hundred (500) hours. Sick leave
will be earned at the rate of twelve 0 2) hours for each month of service for Fire /Rescue
Supervisor and shall accumulate up to a maximum of seven hundred twenty (720) hours. In
order for a general Supervisor to exchange sick leave for cash, they must maintain one
hundred sixty (160) hours accumulated sick leave. In order for Fire /Rescue Supervisor to
exchange sick leave for cash, they must maintain two hundred forty (240) hours
accumulated sick leave.
1. Any Supervisor covered under these policies and procedures with a minimum of tell
44G) seven 7 years of service with the City may exchange one (1) hour sick leave
for one (1) hour of pay.
2. Any SUPeFVisor covered undeF these polieges and preeedures with at l east f (5)
years of serviee and less than ten 0 0) Ye8FS of serv with the Gity may emehange
sock leave at a rate ef two (2) hours sWE leave fOF one (1) hour of pay-.
2. Any Supervisor covered under these policies and procedures with less than five (6)
seven (7) years of service with the City may exchange sick leave at a rate of three
{3) two 2 hours sick leave for one (1) hour of pay.
The Supervisor exchanging sick leave for pay must submit the appropriate form to the
Department Director no later than June 1 of each fiscal year. Failure to submit this form prior to
June 1 will result in an employee's accrued sick leave being "banked" for future use of pay -off as
provided herein. Any sick leave taken after the filing of such form shall first be deducted from
accrued sick leave "in the bank" and, secondly, from those days for which payment is sought but
not yet paid. The payments made hereunder shall be issued by the City on or about the first
Thursday of December.
22
August 2006
rianagemenu rersonnel
B. Demotion
A demotion occurs when a Director /Deputy Director is reassigned to a position in a lower
classification than the position from which the assignment is made. The new rate of pay is
determined by the type of demotion. When demoted a Director /Deputy Director retains his
original anniversary /benefit dates.
1. Policy and Guidelines:
Requested Demotions
When a Director /Deputy Director requests a demotion due to inability to perform
the work due to health or other reasons, the Director /Deputy Director may be
moved to a lower job classification upon the approval of the Personnel Director
and the City Manager. When a demotion of this nature occurs, there shall
normally be a reduction in pay, however, with the City Manager's approval the
Director /Deputy Director's salary may remain the same, as long as said salary fits
within the pay range of the classification they are being moved to.
b. Operational
When a demotion is initiated due to operational requirements or for the
convenience of the City, the rate of pay may be reduced, and cannot exceed the
maximum pay rate of the new classification.
C. Reduction in Force
When a Directors /Deputy Directors position is abolished and the Director /Deputy
Director accepts a position in a lower classification, the rate of pay may be
reduced.
d. Performance
When a Director /Deputy Director is demoted due to an inability to meet
performance requirements, the Director's /Deputy Director's salary will have to be
adjusted to fit within the salary range of the pay classification.
e. Disciplinary
A Director /Deputy Director may be demoted as a disciplinary measure. The rate of
pay shall be reduced.
7.04 P
A. Payday
Eff ective anu -ary 2006, Paychecks will be distributed bi- weekly.
B. Pay Advances
The City of Edgewater does not make advances on any Director's /Deputy Director's pay
except in the case of vacation.
C. Pay Period
The pay period runs from Sunday through Saturday.
D. Separation from Employment
Persons leaving the employment of the City between regular paydays will receive their
paychecks at the next regular payday. All City property must be turned in at the time of
separation and prior to receiving final pay or the cost of such property will be reimbursed to
the City before the release of the final paycheck. Because the City may pay insurance
premiums one month in advance, the prorated cost of the coverage for the remainder of the
month will be deducted from the employee's final paycheck.
13
August 2006
AGENDA REQUEST
Date: August 11, 2006
PUBLIC
HEARING RESOLUTIONS ORDINANCE
OTHER
BOARD APPOINTMENT CONSENT BUSINESS X
ITEM DESCRIPTION•
Kennedy Park FRDAP Grant Project Agreement
BACKGROUND:
The City of Edgewater Leisure Services Dept. used the Conceptual Plan for Kennedy Park to
apply for this years FRDAP Grant cycle. Staff used other grants and recreational impacts fees as
the 50% matching, required in the grant guidelines. Staff applied for the maximum amount of
$200,000.00 that could be awarded. The City of Edgewater has been awarded this FRDAP Grant
for the SFY 2006 -07 for the full amount of $200,000.00. If the City enters into this agreement,
staff will have a 3 -year window to complete this phase of the project.
STAFF RECOMMENDATION:
Staff recommends that City Council approve this project agreement with Florida Department of
Environmental Protection, Florida Recreation Development Assistance Program ( FRDAP) for
the total amount of $200,000.00 for the development of Kennedy Park.
ACTION REQUESTED:
Motion to enter into this agreement with the Florida Department of Environmental Protection,
Florida Recreation Development Assistance Program ( FRDAP) for the total amount of
$200,000.00 and authorize the Mayor/Interim City Manager to sign the agreement.
FINANCIAL IMPACT: (FINANCE DIRECTOR) '
SPECIFY IF BUDGET AMENDMENT IS REQUIRED) NO
PREVIOUS AGENDA ITEM:
DATE:
Respectfully submitted,
Corder
epartment Director
YES NO X
AGENDA ITEM NO.
Robin Mat usick
Para Legal
Jo Williams
Interim City Manager
DEP Agreement No. F7138
CSFA Number: 37.017
CSFA Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM ( FRDAP)
PROJECT AGREEMENT (SFY 2006 -07) — Development
This Agreement is made and entered into this day of
2006, by and between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the
CITY OF EDGEWATER, hereinafter called the GRANTEE, a local government, in
furtherance of an approved public outdoor recreation project. In consideration of the
mutual covenants contained herein and pursuant to section 375.075, Florida Statutes,
and chapter 62D -5, Part V, Florida Administrative Code, the parties hereto agree as
follows:
1. This PROJECT AGREEMENT shall be performed in accordance with section
375.075, Florida Statutes; and chapter 62D -5, Part V, Florida Administrative
Code, effective August 15, 2004, hereinafter called the RULE. The GRANTEE
shall comply with all provisions of the RULE, which is incorporated into this
PROJECT AGREEMENT as if fully set forth herein. It is the intent of the
DEPARTMENT and the GRANTEE that none of the provisions of section 163.01,
Florida Statutes, shall apply to this PROJECT AGREEMENT.
2. The DEPARTMENT has found that public outdoor recreation is the primary
purpose of the project known as Kennedy Park (Florida Recreation Development
Assistance Program, FRDAP Project Number F07138), hereinafter called the
PROJECT, and enters into this PROJECT AGREEMENT with the GRANTEE for
the development of that real property, the legal description of which shall be
submitted to the DEPARTMENT as described in the Florida Recreation
Development Assistance Program Development Project Pre -
reimbursement/Commencement Documentation Form, DEP Form FPS -A034.
3. All forms hereinafter referenced may be found at
www.dep.state.fl.us/parks/oir Further, the GRANTEE will also
DEP Agreement No. F7138, Page 1 of 10
DEP 55 -231 (01/06)
receive all applicable forms for administration of project with GRANTEE's copy of
fully executed PROJECT AGREEMENT.
4. The GRANTEE shall construct, or cause to be constructed, certain public
outdoor recreation facilities and improvements consisting of the following
PROJECT ELEMENTS which may be modified by the DEPARTMENT if
GRANTEE shows good cause: New fishing pier /gazebo, recreation /pedestrian
trail and boat wash area; Renovation of pavilion /picnic area, parking, lighting,
landscaping, restroom and other related support facilities.
5. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE,
funds not to exceed $200,000.00, which will pay the DEPARTMENT's share of
the cost of the PROJECT. DEPARTMENT funding is based upon the following:
DEPARTMENT Amount: $200,000.00 50%
GRANTEE Match: $200,000.00 50%
Type of Match: Cash /In -Kind and /or Land Value
6. The PROJECT reimbursement request shall include all documentation required
by the DEPARTMENT for a proper pre -audit and post -audit review. Within sixty
(60) days after receipt of the final request, the DEPARTMENT's Grant Manager
shall review the completion documentation and payment request from the
GRANTEE for the PROJECT. If the documentation is sufficient and meets the
requirements of the Florida Recreation Development Assistance Program
Completion Documentation Form, DEP Form FPS -A036, referenced in s. 62D-
5.058(6)(g), the DEPARTMENT will approve the request for payment.
7. In addition to the invoicing requirements contained in the paragraph above, the
Department will periodically request proof of a transaction (such as invoice,
payroll register) to evaluate the appropriateness of costs to the PROJECT
AGREEMENT pursuant to State guidelines (including cost allocation guidelines),
as appropriate. When requested, this information must be provided within 30
calendar days of the date of such request. The GRANTEE may also be required
to submit a cost allocation plan to the Department in support of its multipliers
(overhead, indirect, general administrative costs, and fringe benefits). State
guidelines for allowable costs can be found in the Department of Financial
Services' Reference Guide for State Expenditures at
littp: / /www.dbf. state .fl.us /aadir /reference gu ide.
8. The GRANTEE agrees to comply with the Division of Recreation and Parks'
Grant and Contract Accountability Procedure, hereinafter called the
PROCEDURE, incorporated into this PROJECT AGREEMENT by reference as if
fully set forth herein. All purchases of goods and services for accomplishment of
the PROJECT shall be secured in accordance with the GRANTEE's procurement
procedures. Expenses representing the PROJECT costs, including the required
matching contribution, shall be reported to the DEPARTMENT and summarized
DEP Agreement No. F7138, Page 2 of 10
DEP 55 -231 (01/06)
on certification forms provided in the PROCEDURE. The DEPARTMENT and
GRANTEE agree to use the PROCEDURE guidelines for accounting for FRDAP
funds disbursed for the PROJECT. The parties further agree that the principles
for determining the eligible costs, supporting documentation and minimum
reporting requirements of the PROCEDURE shall be used.
9. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of
the GRANTEE's eligible wages and salaries, unless approved in advance as
described herein. Indirect costs that exceed 15% must be approved in advance
in writing by the DEPARTMENT to be considered eligible PROJECT expenses.
10. It is understood by the GRANTEE that the amount of this PROJECT
AGREEMENT may be reduced should the Governor's Office declare a revenue
shortfall and assess a mandatory reserve. Should a shortfall be declared, the
amount of this PROJECT AGREEMENT may be reduced by the amount deemed
appropriate by the DEPARTMENT.
11. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. The GRANTEE
understands that this Agreement is not a commitment of future appropriations.
12. All monies expended by the GRANTEE for the purpose contained herein shall be
subject to pre -audit review and approval by the State of Florida Chief Financial
Officer in accordance with section 17.03(2), Florida Statutes.
13. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as
defined in s. 62D- 5.054(34) of the RULE) incurred by GRANTEE prior to
execution of this PROJECT AGREEMENT in accordance with s. 62D- 5.055(9) of
the RULE. The DEPARTMENT and the GRANTEE fully understand and agree
that there shall be no reimbursement of PROJECT funds by the DEPARTMENT
for any expenditure made prior to the execution of this PROJECT AGREEMENT
with the exception of those expenditures which meet the requirements of the
foregoing sections of the RULE.
14. Prior to commencement of PROJECT development, the GRANTEE shall submit
the documentation required by the Florida Recreation Development Assistance
Program Development Project Pre- reimbursement/Commencement
Documentation Form, DEP Form FPS -A034, referenced in s. 62D- 5.058(7)(c) of
the RULE, to the DEPARTMENT. Upon determining that the documentation
complies with the RULE, the DEPARTMENT will give written notice to GRANTEE
to commence the development and approve the request for payment.
15. The GRANTEE shall obtain all required local, state and federal permits and
approvals prior to completion of the project construction and shall certify that it
has done so to the DEPARTMENT by completing the Project Completion
Certification, FPS -A037, referenced in s. 62D- 5.058(7)(d) of the RULE.
DEP Agreement No. F7138, Page 3 of 10
DEP 55 -231 (01/06)
16. This PROJECT AGREEMENT shall become effective upon execution and the
GRANTEE shall complete construction of all PROJECT ELEMENTS on or
before n- 2 , ; (hereinafter referred to as the PROJECT
completion date), at which time all payment requests and completion
documentation will be due to the DEPARTMENT. The GRANTEE understands
that the funds supporting this Agreement are subject to certification forward
approval by the Governor's Office on June 30 each year. The GRANTEE
understands and agrees that if the Governor's Office does not approve the
DEPARTMENT's request to certify the funds forward, the GRANTEE will not be
eligible for reimbursement after the Governor's Office denies the certification
forward.
17. Project completion means the project is open and available for use by the public.
Project must be designated complete prior to release of final reimbursement.
See Rule 62D- 5.054(41).
18. The GRANTEE shall retain all records supporting PROJECT costs for five (5)
years after the fiscal year in which the final PROJECT payment was released by
the DEPARTMENT or until final resolution of matters resulting from any litigation,
claim or audit that started prior to the expiration of the five -year retention period.
The DEPARTMENT, State Auditor General, State Chief Financial Officer and
other agencies or entities with jurisdiction shall have the right to inspect and audit
the GRANTEE's records for said PROJECT during the PROJECT and within the
retention period.
19. In addition to the provisions contained in the paragraph above, the GRANTEE
shall comply with the applicable provisions contained in Attachment 1. A revised
copy of Attachment 1, Exhibit -1, must be provided to the GRANTEE with each
amendment which authorizes a funding increase or decrease. The revised
Exhibit -1 shall summarize the funding sources supporting the PROJECT
AGREEMENT for purposes of assisting the GRANTEE in complying with the
requirements of Attachment 1. If the GRANTEE fails to receive a revised copy of
Attachment 1, Exhibit -1, the GRANTEE shall notify the Department's FRDAP
Grants Administrator at (850) 245 -2501 to request a copy of the updated
information.
20. Following receipt of an audit report identifying any reimbursement due the
DEPARTMENT for the GRANTEE's noncompliance with this PROJECT
AGREEMENT, the GRANTEE will be allowed a maximum of thirty (30) days to
submit additional pertinent documentation to offset the amount identified as
being due to the DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by the GRANTEE, will inform the GRANTEE of the
final reimbursement due the DEPARTMENT.
DEP Agreement No. F7138, Page 4 of 10
DEP 55 -231 (01/06)
21. The GRANTEE, as an independent contractor and not an agent, representative,
or employee of the DEPARTMENT, agrees to carry adequate liability and other
appropriate forms of insurance. The DEPARTMENT shall have no liability
except as specifically provided in this PROJECT AGREEMENT.
22. To the extent required by law, the GRANTEE will be self- insured against, or will
secure and maintain during the life of this PROJECT AGREEMENT, Workers'
Compensation Insurance for all of his employees connected with the work of this
project and, in case any work is subcontracted, the GRANTEE shall require the
subcontractor to provide Workers' Compensation Insurance for all of the
subcontractor's employees unless such employees are covered by the protection
afforded by the GRANTEE. Such self - insurance program or insurance coverage
shall comply fully with the Florida Workers' Compensation law. In case any class
of employees engaged in hazardous work under this Agreement is not protected
under Workers' Compensation statutes, the GRANTEE shall provide, and cause
each subcontractor to provide, adequate insurance satisfactory to the
DEPARTMENT, for the protection of its employees not otherwise protected.
23. The purchase of non - expendable equipment is not authorized under the terms of
this Agreement.
24. For the purpose of this PROJECT AGREEMENT, the DEPARTMENT's Grant
Manager shall be responsible for ensuring performance of its terms and
conditions and shall approve all reimbursement requests prior to payment. The
GRANTEE's Grant Manager, identified in paragraph 25, or successor, shall act
on behalf of the GRANTEE relative to the provisions of this PROJECT
AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed
PROJECT status reports every January 5 May 5 and September 5 th of each
year summarizing the work accomplished, problems encountered, percentage of
completion, and other information which may be requested by the
DEPARTMENT. Photographs to reflect the construction work accomplished
shall be submitted when the DEPARTMENT requests them.
25. Any and all notices required by this PROJECT AGREEMENT shall be deemed
sufficient if delivered or sent by United States Postal Service to the parties at the
following addresses:
GRANTEE's Grant Manager
DEPARTMENT's Grant Manager
Mr. Jack Corder
Leisure Services Director
104 North Riverside Drive
Edgewater, FL 32132
Rita Ventry
Florida Department of Environmental
Protection
3900 Commonwealth Blvd., MS585
Tallahassee, Florida 32399 -3000
DEP Agreement No. F7138, Page 5 of 10
DEP 55 -231 (01/06)
26. Prior to final reimbursement, the GRANTEE must erect a permanent information
sign on the PROJECT site which credits PROJECT funding or a portion thereof,
to the Florida Department of Environmental Protection and the Florida
Recreation Development Assistance Program.
27. The DEPARTMENT has the right to inspect the PROJECT and any and all
records related thereto at any reasonable time.
28. This PROJECT AGREEMENT may be unilaterally canceled by the
DEPARTMENT for refusal by the GRANTEE to allow public access to all
documents, papers, letters, or other material made or received by the GRANTEE
in conjunction with this PROJECT AGREEMENT unless the records are exempt
under Section 24(a) of Article I of the State Constitution and Section 119.07(1),
Florida Statutes.
29. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to
demand a refund, either in whole or in part, of the FRDAP funds provided to the
GRANTEE for noncompliance with the material terms of this PROJECT
AGREEMENT. The GRANTEE, upon such written notification from the
DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the
amount of money demanded by the DEPARTMENT. Interest on any refund shall
begin the date that the GRANTEE was informed that a refund was required and
continues to accrue until the date the refund and interest are paid to the
DEPARTMENT.
30. The GRANTEE shall comply with all federal, state and local regulations, rules
and ordinances in developing this PROJECT. The GRANTEE acknowledges that
this requirement includes compliance with all federal, state and local health and
safety rules and regulations including all applicable building codes. The
GRANTEE further agrees to include the requirements of this paragraph in all
subcontracts made to perform this PROJECT AGREEMENT.
31. The GRANTEE may subcontract work under this Agreement without the prior
written consent of the DEPARTMENT'S Grant Manager. The GRANTEE agrees
to be responsible for the fulfillment of all work elements included in any
subcontract. It is understood and agreed by the GRANTEE that the
DEPARTMENT shall not be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract and that the GRANTEE shall be solely
liable to the subcontractor for all expenses and liabilities incurred under the
subcontract.
32. Land owned by the GRANTEE, which is developed or acquired with FRDAP
funds, shall be dedicated in perpetuity as an outdoor recreation site by the
GRANTEE for the use and benefit of the public as stated in section 62D- 5.059(1)
of the RULE. Land under control other than by ownership of the GRANTEE,
such as by lease, shall be dedicated as an outdoor recreation area for the use
DEP Agreement No. F7138, Page 6 of 10
DEP 55 -231 (01/06)
and benefit of the public for a minimum period of twenty -five (25) years from the
completion date set forth in the PROJECT completion certificate. All dedications
must be recorded in the county property records by the owner, or by the
GRANTEE if the owner has given GRANTEE authority to do so. Such PROJECT
shall be open at reasonable times and shall be managed in a safe and attractive
manner appropriate for public use.
33. Failure to comply with the provisions of the RULE or the terms and conditions of
this PROJECT AGREEMENT will result in cancellation of the PROJECT
AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the
GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in
writing of the particular violations stating a reasonable time to comply. Failure to
comply within the time period stated in the written notice shall result in
cancellation of the PROJECT AGREEMENT and shall result in the imposition of
the terms in Paragraph 29.
34. In the event of conflict in the provisions of the RULE, the PROJECT
AGREEMENT and the Project Application, the provisions of the RULE shall
control over this PROJECT AGREEMENT and this PROJECT AGREEMENT
shall control over the Project Application documents.
35. If the DEPARTMENT determines that site control is not sufficient under the
RULE, or has been compromised, the DEPARTMENT shall give the GRANTEE
a notice in writing and a reasonable time to comply. If the deficiency is not
corrected within the time specified in the notice, the DEPARTMENT shall
terminate this PROJECT AGREEMENT and shall impose the terms of Paragraph
29, if appropriate.
36. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from
spending FRDAP grant funds for the purpose of lobbying the legislature, the
judicial branch, or a state agency.
37. A. No person on the grounds of race, creed, color, national origin, age, sex,
marital status or disability, shall be excluded from participation in; be
denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this PROJECT AGREEMENT.
B. 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. The Florida Department of Management Services is
responsible for maintaining the discriminatory vendor list which may be
DEP Agreement No. F7138, Page 7 of 10
DEP 55 -231 (01/06)
found at http: / /dms.myflorida.com /dms /purchasing /convicted suspended
discriminatory complaints vendor lists Questions regarding the
discriminatory vendor list may be directed to the Florida Department of
Management Services, Office of Supplier Diversity at (850) 487 -0915.
38. Each party hereto agrees that it shall be solely responsible for the wrongful acts
of its employees and agents. However, nothing contained herein shall constitute
a waiver by either party of its sovereign immunity or the provisions of section
768.28, Florida Statutes.
39. The employment of unauthorized aliens by any GRANTEE is considered a
violation of Section 274A(e) of the Immigration and Nationality Act. If the
GRANTEE knowingly employs unauthorized aliens, such violation shall be cause
for unilateral cancellation of this Agreement. The GRANTEE shall be
responsible for including this provision in all subcontracts issued as a result of
this Agreement.
40. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not perform work as a grantee,
contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the
threshold amount provided in s. 287.017, Florida Statutes, for Category Two, for
a period of 36 months from the date of being placed on the convicted vendor list.
41. The PROJECT AGREEMENT has been delivered in the State of Florida and
shall be construed in accordance with the laws of Florida. Wherever possible,
each provision of this PROJECT AGREEMENT shall be interpreted in such
manner as to be effective and valid under applicable Florida law, but if any
provision of this PROJECT AGREEMENT shall be prohibited or invalid under
applicable Florida law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or
the remaining provisions of this PROJECT AGREEMENT. Any action hereon or
in connection herewith shall be brought in Leon County, Florida unless prohibited
by applicable law.
42. No delay or failure to exercise any right, power or remedy accruing to either party
upon breach or default by either party under this PROJECT AGREEMENT shall
impair any such right, power or remedy of either party; nor shall such delay or
failure be construed as a waiver of any such breach or default, or any similar
breach or default thereafter.
43. This PROJECT AGREEMENT is not intended nor shall it be construed as
granting any rights, privileges or interest to any third party without mutual written
agreement of the parties hereto.
DEP Agreement No. F7138, Page 8 of 10
DEP 55 -231 (01/06)
44. This PROJECT AGREEMENT is an exclusive contract and may not be assigned
in whole or in part without the prior written approval of the DEPARTMENT.
45. This PROJECT AGREEMENT represents the entire agreement of the parties.
Any alterations, variations, changes, modifications or waivers of provisions of this
PROJECT AGREEMENT shall only be valid when they have been reduced to
writing, in the form of an Amendment duly executed by each of the parties
hereto, and attached to the original of this PROJECT AGREEMENT.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. F7138, Page 9 of 10
DEP 55 -231 (01/06)
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed on the day and year last written above.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
CITY OF EDGEWATER
B b— :K.)&-r
Division Director (or Designee)
Division of Recreation and Parks
By:
Printed
Title:
Date
Date
Address:
Office of Information and Recreation
Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399 -3000
DEP Grant Manager
Approved as to Form and Legality:
This form has been pre- approved as to
form and legality by Suzanne Brantley,
Assistant General Counsel, on
January 25, 2006 for use for one year.
Name:
Address:
104 North Riverside Drive
Edgewater, FL 32132
Grantee Attorney
List of attachments /exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment 1 Special Audit Requirements (5 Pages)
DEP Agreement No. F7138, Page 10 of 10
DEP 55 -231 (01/06)
ATTACHMENT 1
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the 'Department ", 'DEP ", 7DEP" or "Grantor ", or other name in the contract /agreement) to the recipient
(which may be referred to as the "Contractor ", Grantee" or other name in the contract /agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as
revised (see "AUDITS" below), 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 any monitoring procedures /processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Protection 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
Chief Financial Officer or Auditor General.
AUDITS
PART L• FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non -profit organization as defined in OMB
Circular A -133, as revised.
1. 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 funds awarded through the Department
of Environmental Protection 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 of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the
recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as
revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., 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 (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at ht tp:!/12.4624 5 1 73 /cfda /cfda.ht
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.F7138, Attachment 1, Page 1 of 5
DEP 55 -215 (09/04)
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes.
In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient ($500,000 for fiscal years ending on or after September 30,
2004), the recipient must have a State single or project - specific audit for such fiscal year in accordance with
Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief
Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial
assistance awarded through the Department of Environmental Protection by this Agreement. In determining
the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State
financial assistance, including State financial assistance received from the Department of Environmental
Protection, other state agencies, and other nonstate entities. State financial assistance does not include
Federal direct or pass - through awards and resources received by a nonstate entity for Federal program
matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of
a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor
General.
If the recipient expends less than $300,000 in State financial assistance in its fiscal year ($500,000 for fiscal
years ending on or after September 30, 2004), an audit conducted in accordance with the provisions of
Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000
in State financial assistance in its fiscal year ($500,000 for fiscal years ending on or after September 30,
2004) and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida
Statutes, the cost of the audit must be paid from the non -State entity's resources (i.e., the cost of such an
audit must be paid from the recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at http / /State.41.us /fsaa /catalog or the Governor's
Office of Policy and Budget website located at
h 4M. hvww.myflorida.com /mvflonda /government /c /o )bOffice.h for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website
http: / /www.le,.state.tl.us& Governor's Website http: / / wwNv.fnytlorida.com / , Department of Financial
Services' Website littp: / /www.dbf.state.11.us.i and the Auditor General's Website
h " : / /wNvw.state.fl.us /audgen
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and
required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB
Circular A -133, as revised, by or on behalf of the recipient directly to each of the following:
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. F7138, Attachment 1, Page 2 of 5
DEP 55 -215 (09/04)
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
B. 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
C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f)
OMB Circular A -133, as revised. '
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
letters issued by the auditor, to the Department of Environmental Protection the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
1 I I West Madison Street
Tallahassee, Florida 32399 -1450
4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
DEP Agreement No. F7138, Attachment 1, Page 3 of 5
DEP 55 -215 (09/04)
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A -133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for - profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
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.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, 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 of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. F7138, Attachment 1, Page 4 of 5
DEP 55 -215 (09/04)
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George R. Kennedy Memorial Park NO. DATE "
aE B &H Consultants Inc. Site Development
827 W. Montrose St.
u _ Clermont, FL 34711 Section 33 Township 17 South, Range 34 East
(352) 24
Certificate e A9452 `7 y �
Edgewater, Volusia Coun Florida