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08-02-1999 -.. Q o Votina Order Councilman Gomto Councilman Hammond Councilman Roberts Councilwoman Lichter Mayor Allman AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING August 2, 1999 7:00 p.m. COMMUNITY CENTER 1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE 2. APPROVAL OF MINUTES A. Regular meeting of July 19, 1999 3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES None at this time 4. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (This is the time for the public to come forward with any comments they may have on any agenda items other than public hearings. Please state your name and address, and please limit your comments to five minutes or less.) 5. CITY COUNCIL REPORTS 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 1 st Public Hearing, Joe Martin (East Volusia Engineering, Inc.) requesting on behalf of Oscar Zeller and Julian Greene an amendment to the Development Agreement. B. 1 st. Reading, Ord. No. 99-0-16, Luis Geil, authorized agent for Larry and Patricia Brinson, seeking annexation approval for 2.6 acres located at 3042 U.S. Highway #1. C. 1st Reading, Ord. No. 99-0-18, Luis Geil, authorized agent for Larry and Patricia Brinson, requesting the rezoning of 2.6 acres located at 3042 U.S. Highway #1. D. 1st Reading, Ord. No. 99-0-19, Modifying Chapter 10 (Health & Sanitation), Article V (Weeds, Grass & Brush; Standards for Property Maintenance) by amending Section 10-95 (Notice of Violation) & Section 10-96 (Hearing before Code Enforcement Board). E. Res. No. 99-0-14, City Engineer Hans Wolfer recommending approval of variances from shoreline buffer at 8 Harris Circle and from impervious surfaces requirements. 7. CONSENT AGENDA Items on the consent agenda are defined as routine in nature that do not warrant detailed discussion or individual action by the Council; therefore, all items remaining on the consent agenda shall be approved and adopted by a single motion, second and vote by the City Council. Items on the consent agenda are not subject to discussion. One of the most basic rules of a consent agenda is that any member of the City Council may remove any item from the consent agenda simply by verbal request at the City Council meeting. Removing an item from the consent agenda does not require a motion, second or a vote; it would simply be a unilateral request of an individual Council member. A. Animal Control Board Appointment - Councilman Hammond's appointment due to the expiration of term for Robert Schmitt who did not seek reappointment. Continued on page 2 '6 o o City Council of Edgewater August 2, 1999 Page -2- 8. OTHER BUSINESS None at this time. 9. OFFICER REPORTS A. City Clerk B. City Attorney C. City Manager 1) Authorize advertisement of millage rate: current rate of 6.29, current roll back rate of 6.25, or other rate. 2) Due to holidays, reschedule September 6 (Labor Day) to the 13th and September 20 (Yom Kippur) to the 27th. 10. GENERAL CITIZEN COMMENTS/CORRESPONDENCE 11. ADJOURN. Note: All items for inclusion on the August 16, 1999, agenda must be received by the City Manager's office no later than 4:30 p.m. Monday, August 9, 1999. 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 insure that a verbatim record of the proceedings is made. ' In accordance with the Americans with Disabilities Act, persons needing assistance to participate In any of these proceedings should contact City Clerk Susan Wadsworth, 904-424-2407, prior to the meeting. :ejm c:\agenda\080299.reg Memorandum. To: Ken Hooper, City Mgr. CC: File te-rn From: Dennis I. Fischer, Building Official Date: 08/02/99 Re: County Wide Licensing ,Inspection and Permitting Programs tilave reviewed the county wide contracting and inspection service report. The countywide licensing would be of great help to my department. One person presently does the entire contractor license and insurance tracking and filing. The Oiltractors sometime must wait for permits because their paper work is not ingun up to date. Centralizing all this to one place will help the permitting process. I will $400.ort the countywide contractor-licensing program. The interlocal agreement to share inspectors from one city to another in times of disasters would be beneficial. However, I am a little reluctant to agree to any approach to a countywide permitting. The revenue we receive from permitting is substantial. I do not believe the City of Edgewater wants to loose any revenue source. 1 would support an interlocal agreement to share inspectors in times of disaster but not the permitting process. .............................••............................................................• •••••••••••••••••••••••••••••••••••• .................................................................................. ••••••••••••••••••••••••••••••••••••••••• 1 ` VU UU JJ 14. JJ L IU4 010 JJJU & 111 UkMU.') BCH 4002 THE CONSTRUCTION PERMITTING/INSPECTION SERVICES REPORT Local Govemment Study Commission Building Inspections Committee There are currently 16 construction permitting agencies in Volusia County. It's increasingly evident that trained competent persons available to serve in building departments are becoming scarce. Vacant positions, too long unfilled, frustrate customers, generate complaints and place undue stress on other employees. This directly results from State licensing requirements imposed after Hurricane Andrew in reaction to charges of gross negligence by south Florida building departments. Now all building officials, inspectors and plans examiners are licensed and regulated by the State. This increased professionalism has made it difficult for small communities to hire qualified staff. Urban areas with higher pay scales are attracting the qualified licensed personnel In Volusia County, over half the building departments have five employees or less. A long -term vacancy can significantly reduce levels of service. One answer is for neighboring jurisdictions to enter into interlocal agreements so licensed permitting/inspection personnel can be shared. This is a common arrangement in Pinellas and Palm Beach County and, in fact, is currently being done today in Volusia County. The County provides permitting and inspections services for the City of Debary. Duties and responsibilities of both jurisdictions are clearly spelled out in an interlocai agreement that may be easily amended or terminated by either party. This partnership may also be used to better serve isolated enclaves where it's more efficient and convenient for an adjacent jurisdiction to provide services than for another located some distance away. Ormond by the Sea, Wilbur by the Sea and the unincorporated areas of the beachside west of Daytona Beach Shores are examples of such areas. Collaborative agreements depend on the voluntary interest of both parties to the arrangement. One jurisdiction cannot impose its will, its procedures, or its programs on the other. It takes two willing partners to develop a program that "fits° that particular situation whether it is a short-term solution to a temporary vacancy or a long -term approach that unburdens a smaller community of a difficult program to effectively administer The Building inspection Committee recommends to the Local Govemment Study Commission that this cooperative approach to providing permitting and inspections services be considered as a viable method of ensuring satisfactory services. u5'ub - 14:4 '9U4 676 3330 CITY ORMOND BCH Q003 COUNTYWIDE CONTRACTOR LICENSING LOCAL GOVERNMENT STUDY COMMISSION Building Inspection Committee CONCEPT Contractors currently register in fourteen jurisdictions in Volusia County where they wish to obtain permits and conduct business. Each time they submit essentially the same information and fees to confirm their qualifications. This duplicative inefficient system can be replaced with a single countywide registration program. Contractors, their customers and local governments will all benefit from this reorganization. OVERVIEW The Florida legislature has recognized for several decades that it is in the best interest of public health, safety and welfare to regulate the construction industry. Significant physical and financial harm can come to citizens when incompetent or dishonest contractors provide unsafe, unstable or short -lived products or service. Contractors in Florida are regulated through a three -tier licensing scheme. "Certified" contractors are licensed by the state after passing a state examination. Certified contractors can work anywhere in the state by registering in jurisdictions where they wish to obtain permits. "Registered" contractors take examinations recognized by cities and counties to obtain a local contractor license. Registered contractors may only work in the jurisdiction where they tested, or in other jurisdictions that accept the local license through reciprocity. Local specialty contractors comprise the third tier. These individuals provide construction services not described in any state law. Examples include painters, framing contractors and masonry contractors. There are well over 100,000 licensed contractors active in the State of Florida. This three -tier licensing system shares the benefits and responsibilities of contractor licensing. Cities and counties are able to administer contractor licensing programs that meet particular needs of their residents and industry. Individuals have a variety of ways to enter the construction business. 05/06/99 UJ• Vo• 44 14:.34 tg U4 676 J33U CIII ORMOND BCH g 00 RECOMMENDATION! The Building Inspection Committee in cooperation with the Daytona/Halifax Area Chamber of Commerce met on six occasions to disco; s this proposal. Meetings were well attended by contractors, industry representatives, building and licensing officials, and state regulators. The Building Inspection Committee proposes a major change in the basic method of providing contractor regulatory services. it is recommended that Volusla County's existing licensing program be modernized and properly staffed. Municipalities should delegate regulation of state licensed contractors to that county agency. Municipalities would continue to license local specialty contractors, as they deem necessary. The countywide contractor licensing program should provide the following basic services: 1) Contractor registration - Certified and registered contractors licensed by the state will register at the County by submitting verification of current state licensure, public liability and damage insurance, and workers compensation coverage/exemption. Upon review of application and required exhibits the County will issue proof of registration. 2) Post disaster contractor credentialing - Access to affected areas is immediately restricted to prevent looting, but emergency repairs are hindered when legitimate contractors cannot provide services. • A credentialing system tied into the County's licensing database will allow for timely emergency repairs. 3) Complaint processing - Complaints regarding state licensed contractors can be submitted to the County for review. This information will be referred to the jurisdiction where the alleged violation occurred for investigation. Investigative reports will be completed and returned to the County. Final authority for determining appropriate action will be the County. 4) Disciplinary action - Cases where it has been determined that a violation of governing statutes has occurred will be referred to the County construction trades board for disciplinary action. Municipalities shall provide expert testimony at hearings supporting their investigations. The County board shall operate in accordance with applicable state laws. Contractors that have permitting privileges suspended or have Licenses suspended or revoked will be unable to work within the entire county. 05/06199 2 05/06'99 14:55 ' 904 676 3330 CITY ORMOND BCH 005 • IMPLEMENTATION The countywide contractor licensing program will be based on interiocal Agreements voluntarily entered into by municipalities and Volusia County. There currently exists no legal method of binding either entity. An agreement has been drafted that sets out both parties responsibilities. Essentially, cities agree to honor the County registration for purposes of processing permits, the County agrees to administer the licensing program in accordance with applicable laws, the County is recognized as the final regulatory authority over state licensed contractors, and cities accept responsibility for investigating complaints within their jurisdiction. FINANCES Revenues derived from registration fees and fines can subsidize licensing services. Fees should directly relate to the actual costs for program administration. Volusia County estimates that 1,400 contractors and 500 journeymen are currently being registered annually. Projected operating and personnel expenses - $144,000 Required fees: Contractors 0 $100/yearly $140,000 Journeymen 0 $15 /yearly $7,500 CONCLUSION The proposal to develop a single countywide contractor licensing agency will significantly improve the construction regulatory environment. Contractors will save considerable time and money by registering just one time and paying one reasonable registration fee. Cities will divest themselves of an increasingly burdensome responsibility that is largely funded, not by user fees, but by general revenues. Volusia County's citizens will directly benefit with additional assurances that only qualified contractors are obtaining permits, that complaints will be more effectively handled and that, in a post disaster situation, their efforts to recover will not be unnecessarily hindered. The Building Inspection Committee recommends implementation of the proposed countywide contractor licensing program. 05/06199 3 •••••■•■•••••■•• moo • um= ci\rip 006 111.1.1111.1.1.11.1.2.1119141111.1111111 5 I VOLUSIR COUNTY ASSOCIATION FOR RESPONSIBLE DEVELOPMENT P.O. Box 2475, Daytona Beach. FL 32115 (904) 257.4169 Fox (904) 258-5104 "...serving Volusio and Flogler Counties" April 20, 1999 To Whom It May Concern: VCARD's main objective is to promote responsible development that improves Volusia's economic vitality and quality of rife for citizens. Countywide standards (or licensing) of building contractors could serve as a prime conduit for accomplishing this objective. Uniform guidelines could assure that every local government's rules are geared at producing quality construction projects by qualified professionals. Such guidelines could eliminate the duplication of unnecessary costs and registration for contractors, helping them to operate more efficiently. Of course it is important that these standards are carefully drafted to meet the needs and concerns of all participants. They than could help Volusia Serve as a model county for quality development and Inter-local cooperation among both the public and private sectors. Should you have any questions, please feel free to call me at Ghyabi-Lassiter & Associates (904672-8600). / 6"7 1 1 1 4: 1 4 411 am K abl VCARD Chair canceiS imilliTut (Caw': Execv.vi COUNCtt *Aerucm OfVell • •Clias; :.`4 .t'SW *.t iu•A""': C.ttrtn 1 ...rtfut C. ,...0.41% 1, ; 7-ze....r-n .Cr' 't t•V?.r :a 0 ',Fat-4ra 4.,,tay : :-;:r al ••••-• ;.; . 4,4 Z t — : A ':.••• • 2T ii1C4=Ai • j t . •,%• a it'. :zo• ;et ■IC." Z.,: • 71211.12' . ." .1.420 . ...Vt . • IT r :.•:. • . . • • • .. .„ : t • .. ":: s "•:. u, - vu , Jd 13•J0 US yui 0/0 333U BCH 41) 007 glM — for arm, a rs ' - r Ammo MM. ANIINIma r CHAMBER e A T T O '• • C A C 11 N A l I i A X ^ R C A SINGLE COUNTYWIDE CONTRACTOR LICENSE BACKGROUND Construction in Volusia County has a significant impact on our local economy. Many of these people live here and work exclusively in this county. There are an estimated 5,400 licensed contractors in business locally and thousands more that work with them and provide construction supplies and other related services. Building permits authorizing new construction and repairs to existing structures ensure responsible development and public safety in the built environment. An area where we can make significant improvemetus is in streamlining the local government registration process- Currently contractors must register in every jurisdiction where they wish to pull building permits. This involves verifying that the state license is in good standing, documentation of worker's compensation coverage, payable liability insurance and the payment of fees. This registration program serves to fulfill a statutory obligation of building departments CO ensure that persons representing themselves as contractors are qualified and competent. Registration programs also obligate permitting agencies to take action in certain prescribed ways when consumer complaints are lodged. Under the auspices of the Volusia Local Government Study Commission � an existing a countywide contractor licensing program Ls under consideration whereby the County. g licensing prog• has tentatively agreed to serve as the countywide agency. Should the County not agree to serve in this capacity, the Chamber recons that a licensing entity be established by the Volusia Council of Governments. A partnership between the cities and the county can be established through the execution would administer the program. This would include of i:nterlorzl a whereby the county establishing and supporting a regulatory board, processing applications, checking insurance and licensure status, issuing "comp" cards and printing regular reports for other agencies. Cities will continue to investigate consumer complaints that arise in their jurisdiction and provide expert testimony at disciplinary hearings. - - - - v[vtv.•L bvn 008 It is an opportune time to consider a proposal from our local construction industry to eliminate the numerous redundant registration pruti,r:uns in favor of a single license program that better serves both the industry and residents. Advantages - - elimination of duplicate services - reduction in time and costs to contractor - establish uniform contractor licensing regulations - increase business competition by reducing government trade barriers - provide increased attention to illegal, often harmful unlicensed activity POSITION The Daytona Beach/Halifax Area Chamber supports initiating a countywide contractor licensing program with one central authority issuing licenses for building contractors and related professions. The Chamber believes that a centralized licensing authority will reduce the sometimes burdensome process for contractors and help eliminate duplication that currently exists at the local government level. Bob Coleman George Mir Chairman President 3/99 AGENDA REQUEST C.A. NO.: 99 -066 Date: July 21. 1999 PUBLIC HEARING 08/02/99 RESOLUTION ORDINANCE OTHER CONSENT BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Public Hearing regarding request of Joe Martin (East Volusia Engineering, Inc.) on behalf of Oscar Zeller and Julian Greene for an amendment to the Development Agreement. BACKGROUND: Joe Martin requested on behalf of Oscar Zeller and Julian Greene to extend the period of time for the Development Agreement. Pursuant to the Agreement, Developers may defer the landscaping and parking improvements until FIND has constructed the road around the spoil site. The Developers have requested a one (1) year extension which will now bring the time to May 15, 2001. Pursuant to the Land Development Code and Florida Statutes, the City shall conduct at least 2 public hearings regarding any development agreement or amendment. Legal notice of the August 2, 1999 public hearing was published in the Observer on July 23, 1999. BUDGETARY IMPACT: NONE RECOMMENDATION /CONCLUSION: Staff recommends that City Council consider approval at the first public hearing of the Amendment to the Zeller and Greene Development Agreement. rrrr FUNDS AVAILABLE: (ACCOUNT NUMBER) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, Concurrence: L Plaskett Ke eth R. Hooper Director of Planning & Zoning City Manager Nikki Clayton e(4( City Attorney rmw NOW AMENDMENT TO ZELLER & GREENE DEVELOPMENT AGREEMENT THIS AMENDMENT TO THE DEVELOPMENT AGREEMENT made and entered into this day of , 1999, by and between the CITY OF EDGEWATER, FLORIDA, a municipal corporation, (hereinafter "City ") and OSCAR ZELLER and JULIAN GREENE, (hereinafter "Developer "). WHEREAS, Developer has requested an extension to the term of the Development Agreement to allow additional time within which to complete the landscaping and parking improvements required for the project located at 201 North Flagler Avenue (approximately 9 + acres). WITNESSETH, that the parties have agreed to amend that certain Development Agreement dated May 15, 1995, that: 1. Paragraph 2. DURATION OF AGREEMENT is hereby amended to read as follows: The Development Agreement is hereby amended to reflect the duration of the Agreement shall be six (6) years from the date of the Development Agreement. Therefore, the date of expiration shall now read May 15, 2001. 2. In all other respects, the terms and conditions of that certain Development Agreement dated May 15, 1995, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to the Development Agreement to be made and entered into the day and year first written above. (A greemnt/Devel opment-Zeller&Greene-Amend# 1 ) 1 DEVELOPERS Witness Oscar Zeller Witness Signed, sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF VOLUSIA I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared OSCAR ZELLER, who is ;,ift, personally known to me or who produced as identification and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1999. (Seal/Stamp) Notary Public (Commission Expiration Date) State of Florida at Large Nrn (Agreemnt/Development- Zeller &Greene- Amend #1) 2 r`rr Witness Julian Greene Witness Signed, sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF VOLUSIA I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared JULIAN GREENE, who is personally known to me or who produced as identification and who executed the foregoing instrument and acknowledged before me that she executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1999. (Seal/Stamp) Notary Public (Commission Expiration Date) State of Florida at Large *arr (Agreemnt /Development - Zeller &Greene- Amend #1) 3 ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Randy G. Allman City Clerk Mayor APPROVED FOR FORM AND CORRECTNESS: Nikki Clayton City Attorney Now (Agreemnt/Development - Zeller &Greene- Amend #1) 4 AGENDA REQUEST Date: 07/21/99 \.r PUBLIC HEARING RESOLUTION ORDINANCE 08 / 0 2/99 CONSENT AGENDA OTHER BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Luis Geil, authorized agent, is seeking annexation approval for 2.6 acres. BACKGROUND: The subject property is located at 3042 U.S.Hwy. 1 south of Roberts Road on the west side of U.S. Hwy. 1. The property is occupied by a furniture store and zoned commercial. The property is compact and contiguous to the city limits. The request was heard by the Planning and Zoning Board at its regular meeting April 28, 1999. The Board unanimously moved to recommend to the City Council consideration of annexation. Water and sewer will be made available to the site. The response time for the Police Department is 3 - 4 minutes and 2 minutes response time for Fire /Rescue. The request is in keeping with the Comprehensive Plan and its policies. RECOMMENDATION /CONCLUSION: Based on information provided, staff recommends approval. FINANCIAL IMPACT: N/A FUNDS AVAILABLE: Account Number: N/A (Specif if Budget Amendment is Required)• PREVIOUS AGENDA ITEM: YES NO XX fir. Date: Agenda Item No. Page -2- Furniture Gallery - Annexation Request Respectfully submitted: ty/ Lynne !' laskett Planning and Development Director Concurrence: Ken eth R. Hooper Cit Manager ilil2i Clayton C(44.7 *' City Attorney LP: �s n c old raga genda. rge \furngall.cc ORDINANCE NO. 99 -0 -16 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY LOCATED AT 3042 U. S. HIGHWAY NO. 1 (WEST OF U.S. HIGHWAY #1 AND SOUTH OF ROBERTS ROAD), VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; AMENDING THE DESCRIPTION OF CITY OF EDGEWATER CORPORATE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE DEPARTMENT OF STATE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Luis Geil is the authorized agent for Larry and Patricia Brinson, who are the owners of certain real property located at 3042 U. S. Highway No. 1, in Volusia County, Florida. Subject property lies West of U. S. Highway No. 1 and South of Roberts Road. The property contains approximately 2.6 acres. 2. The owners have voluntarily petitioned the City of Edgewater for annexation pursuant to Section 171.044, Florida Statutes. 3. The property is compact and contiguous to the City's boundaries and the conditions for annexation and the economics thereof are satisfactory. 4. After a meeting on April 28, 1999, the Local Planning Agency reviewed the petition and recommended by a vote of 7 to 0 that the property be annexed into the City. wr.► passages are deleted. Underlined passages are added. 99 -0 -16 1 NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEWATER, FLORIDA. 1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in Exhibit A and depicted in the map identified as Exhibit B, which are attached hereto and incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality. 2. The boundaries of the City of Edgewater are hereby redefined to include the property described above and depicted in the map identified as Exhibit B. 3. Pursuant to Section 2.01 of the Charter of the City of Edgewater, Florida, that certain document entitled "Description of City of Edgewater Corporate Limits" shall be amended `frr accordingly. 4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia County Manager, the Mapping Division of the Volusia County Growth Management Department, and the Department of State. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. passages are deleted. Underlined passages are added. 99 -0 -16 2 PART C. SEVERABILITY AND APPLICABILITY. ,oir If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART E. ADOPTION. After Motion by and Second by , the vote on the first 1 0► reading/public hearing of this ordinance held on July 19, 1999, was as follows: Mayor Randy G. Allman XXX Councilman Jim Gornto XXX Councilman Myron F. Hammond XXX Councilman Gary W. Roberts XXX Councilwoman Judy Lichter XXX passages are deleted. Underlined passages are added. 99 -0 -16 3 After Motion by and Second by , the vote on the second reading/public hearing of this ordinance was as follows: Mayor Randy G. Allman XXX Councilman Jim Gornto XXX Councilman Myron F. Hammond XXX Councilman Gary W. Roberts XXX Councilwoman Judy Lichter XXX PASSED AND DULY ADOPTED this day of , 1999. .• ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Randy G. Allman City Clerk Mayor APPROVED FOR FORM AND CORRECTNESS: Nikki Clayton City Attorney low Struck ettgk passages are deleted. Underlined passages are added. 99 -0 -16 4 EXHIBIT A LEGAL DESCRIPTION Lot 8, Edgewater Country Estates Unit No. 1, as per map in Map Book 11, Page 247, Public Records of Volusia County, Florida, together with a 75 foot wide strip of land being more particularly described as follows, to wit: That certain parcel of land lying adjacent to and immediately East of the Easterly boundary line of Lot 8, Edgewater Country Estates Unit No. 1, per map in Map Book 11, Page 247, Public Records of Volusia County, Florida, and the Westerly right of way line of the present U. S. Highway No. 1, said parcel being bounded on the North by the Easterly prolongation of the Northerly boundary line of the aforesaid Lot 8 and bounded on the South by the Easterly prolongation of the Southerly boundary line of the aforesaid Lot 8, said parcel being 75 feet East and West; all above being part low of that property deeded to R. E. Baker as recorded in Official Records Book 640, Page 16 on July 24, 1964, shown as Document No. 21624 of the Public Records of Volusia County, Florida. Containing approximately 2.6 acres. Struek-through passages are deleted. Underlined passages are added. 99 -0 -16 5 1C- C2- \,o \\°.\. *V ‘ \ 1 PB • 0 �� 1 a' s 11 00 1110 10 0: <>''' 01111# Vio ...IIII 0* vo il / „ • i A i o i 0 1 I I 0 . , ° Welt It ^ *Olpuncar.„004 $ 1-, *S*Ss • ; op. az 0 17 1 7 "canna ... :S .i i� :. Ow.. 0001 o r:r est ,. 1 sitt .. 0 liar WOW I . '. 4 1.oft . 0 wrA%0 0 su 0 0 010 .• 1,, ..-0 ok,.. i "lw 0 -) 0 ■■; OA 3 0-Uoi% ° 2 ri% 0 s ilt WOL1; ,1`,11 1 H : �� al z H owns — Ra■• -sae -- v.„ I L 4 0 ; (E.) , ..r. 11 . ib sW \ II. 0 - I i ,R. '-‘ •• so 00 low 1 . 0.0 \ ., 1 00 , .00 ..... t, 00 z,. 0,,, \ \ ... o v AGENDA REQUEST Date: July 21., 1 999 PUBLIC HEARING T RESOLUTION ORDINANCE U 8 / U 2/ 9 9 `tire CONSENT AGENDA OTHER BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Luis C. Geil, authorized agent for Larr and Patricia Brinson is requesting the rezoning of 2.6 acres of propert BACKGROUND: Currentl the property is partially developed with a furniture store. To the north is Cit vacant undeveloped commercial, to the south is Count developed commercial and vacant undeveloped residential, to the east is Sea Pines Memorial Gardens Cemetery and to the west is Cit vacant, undeveloped multi - family, designated residential. The propert is zoned Count B - 4, General Commercial and the future land use designation is also commercial. The request is for Cit B - 3, Highwa Commercial and a Future Land Use Map of Commercial designation. r Zoning Change: Rezonings are considered quasi - judicial. Staff has developed guidelines to assist the Planning and Zoning Board and the Cit Council in making appropriate findings on which to base a decision. Each guideline is addressed: A) The proposed change is or is not contrary to the established land use pattern. The surrounding area section of this report identifies the land uses within approximatel 500 feet of the center of the applicant's propert The area contains developed and undeveloped commercial lands, a cemeter and vacant low undeveloped and medium densit residential properties. There will be no change in land use patterns. B) The proposed change woad or would not adversel impact public facilities. The applicant's propert will be provided with supporting services and facilities with no adverse impact. C) The existing district boundaries are or are not drawn logically in relation to the Now property proposed for change. The zoning district boundar will remain the same and there is no direct conflict between the existing district boundaries and the applicant's parcel. No enclaves will be created. D) Changed or changing conditions make or do not make the proposed rezoning necessary. Page -2- Rezoning - Larry &? Patricia Brinson The intensit and land use designation remain the same. The propert has been annexed and rezoning is requested per the applicant. E) The proposed change will or will not have an adverse effect on the natural environment. The parcel is currentl partially developed. There are no known natural resources of significance on the propert The developer will be required to provide a site plan prior to additional development approval. F) The proposed change will or will not have a significant negative effect on the character of the surrounding area. The character of the surrounding area will not be effected as no change in intensit or use is proposed that is not currentl permitted. RECOMMENDATION /CONCLUSION: Based on the findings outlined above, Planning and Development supports the request for rezoning and a favorable recommendation to the Cit Council is requested. Ater FINANCIAL IMPACT: N/A FUNDS AVAILABLE: Account Number: N/A (Specify if Budget Amendment is Required)• PREVIOUS AGENDA ITEM: YES NO X Date: Agenda Item No. Respectfull submitted: Ciisaked L laskett Planning Director 41w Concurrence: • Kenneth R. Hooper ' Nikki Cla Cit Manager Cit Attorne LP:emp c : \id ra \agenda. rye \rz9905 ORDINANCE NO. 99-0-18 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY B-4 (GENERAL law COMMERCIAL) TO B -3 (HIGHWAY COMMERCIAL) FOR PROPERTY LOCATED AT 3042 U. S. HIGHWAY #1; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Luis Geil is the authorized agent for Larry and Patricia Brinson who are the owners of certain real property located at 3042 U. S. Highway No. 1 and who has submitted an application for a change in zoning classification from County B -4 (General Commercial) to B3 (Highway *411 '"' Commercial) for the property described below. 2. On May 26, 1999, the Local Planning Agency considered the application for change in zoning classification and by a vote of 7 -0 the Board recommended that the City Council approve the request. 3. On August 2, 1999, the City Council considered on first reading the proposed change in the zoning classification. 4. On , 1999, the City Council held a public hearing on the application after publishing notice of such hearing in the Observer on , 1999, and notifying by mail all property owners who own real property directly affected by the proposed action and all property Struck- threugh passages are deleted. Underlined passages are added. 99 -0 -18 1 owners who own real property within 500 feet of the subject property. 5. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 6. The proposed change in zoning classification is not contrary to the established land use pattern. 7. The proposed change in zoning classification will not adversely impact public facilities. 8. Changed or changing conditions make the proposed amendment necessary. 9. The proposed change in zoning classification will not have an adverse effect on the natural environment. 10. 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 B -4 (General Commercial) to B -3 (Highway Commercial): Lot 8, Edgewater Country Estates Unit No. 1, as per map in Map Book 11, Page 247, Public Records of Volusia County, Florida, together with a 75 foot wide strip of land being more particularly described as follows, to wit: That certain parcel of land lying adjacent to and immediately East of the Easterly boundary line of Lot 8, Edgewater Country Estates Unit _ _ No. 1, per map in Map Book 11, Page 247, Public Records of Volusia Stritek-threagh passages are deleted. Underlined passages are added. 99 -0 -18 2 County, Florida, and the Westerly right of way line of the present U. S. Highway No. 1, said parcel being bounded on the North by the Easterly prolongation of the Northerly boundary line of the aforesaid Lot 8 and bounded on the South by the Easterly prolongation of the .. Southerly boundary line of the aforesaid Lot 8, said parcel being 75 feet East and West; all above being part of that property deeded to R. E. Baker as recorded in Official Records Book 640, Page 16 on July 24, 1964, shown as Document No. 21624 of the Public Records of Volusia County, Florida. Containing approximately 2.6 acres. PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA. The Planning 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. law 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 extend of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. Itor Struck Struek-threttgh passages are deleted. Underlined passages are added. 99 -0 -18 3 PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. N.. PART F. ADOPTION. After Motion by and Second by , the vote on the first reading of this ordinance held on August 2, 1999, was as follows: Mayor Randy G. Allman XXX Councilman Jim Gornto XXX Councilman Myron F. Hammond XXX Councilman Gary W. Roberts XXX Councilwoman Judy Lichter XXX After Motion by and Second by , the vote on the second reading "' of this ordinance was as follows: Mayor Randy G. Allman XXX Councilman Jim Gornto XXX Councilman Myron F. Hammond XXX Councilman Gary W. Roberts XXX Councilwoman Judy Lichter XXX PASSED AND DULY ADOPTED this day of , 1999. low Straek- threngh passages are deleted. Underlined passages are added. 99 -0 -18 4 ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Randy G. Allman City Clerk Mayor APPROVED FOR FORM AND CORRECTNESS: Nikki Clayton City Attorney Now "fir Struck ettgh passages are deleted. Underlined passages are added. 99 -0 -18 5 AGENDA REQUEST C.A. NO.: 99 -072 *, Date: July 22. 1999 PUBLIC HEARING RESOLUTION ORDINANCE 08/02/99 OTHER CONSENT BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: First Reading - Ordinance No. 99 -0 -19 - Modifying Chapter 10 (Health & Sanitation), Article V (Weeds, Grass & Brush; Standards for Property Maintenance) by amending Section 10 -95 (Notice of Violation) & Section 10 -96 (Hearing before Code Enforcement Board) BACKGROUND: Nor► On May 3, 1999, Council adopted Emergency Ordinance No. 99 -0 -14 which amended the requirements for maintenance of property. Staff has reviewed the time for compliance under Section 10 -95 (Notice of Violation) and has recommended a modification to extend the time from 10 to 45 calendar days. Staff has also recommended a modification for Section 10 -96 (Hearing before Code Enforcement Board) to reflect that the Code Enforcement Board will determine the amount of time in which the owner is allowed to come into compliance instead of the 10 day time period. Notice of the Public Hearing was published in the Observer on Saturday, July 24, 1999. RECOMMENDATION /CONCLUSION: Staff recommends that Council consider approval at first reading of Ordinance No. 99 -0 -19. FUNDS AVAILABLE: (ACCOUNT NUMBER) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, Concurrence: /1 A 15 . race Barlow Kenneth R. Hooper ti p Chi- of Fire/Rescue Services City Manager ikki Clayton City Attorney rmw ORDINANCE NO. 99-0-19 AN ORDINANCE OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, MODIFYING CHAPTER 10 (HEALTH AND SANITATION), ARTICLE V (WEEDS, GRASS AND BRUSH; STANDARDS FOR PROPERTY MAINTENANCE) BY AMENDING SECTION 10 -95 (NOTICE OF VIOLATION) AND SECTION 10 -96 (HEARING BEFORE CODE ENFORCEMENT BOARD); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, on May 3, 1999, the City Council adopted Emergency Ordinance No. 99 -0 -14 which amended Chapter 10 (Health and Sanitation), Article V (Weeds and Grass), by the addition of regulations establishing standards for maintenance of developed and undeveloped residential lots if located adjacent to developed property; and WHEREAS, in order to encourage and facilitate compliance with these new maintenance standards, the City has recommended enlargement of the time for compliance from ten (10) to forty- five (45) days after receipt of notice of violation from the City. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Edgewater, Florida as follows: PART A. AMEND CHAPTER 10 (HEALTH AND SANITATION), ARTICLE V (WEEDS, GRASS AND BRUSH; STANDARDS FOR PROPERTY MAINTENANCE) BY AMENDING SECTION 10 -95 (NOTICE OF VIOLATION) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA. Section 10 -95 is amended to read as follows: Section 10 -95. Notice of violation. Straek-thretigh passages are deleted. Underlined passages are added. 99 -0 -19 1 (b) Content. The notice shall require that the owner cause the violation to be remedied within tcn (10) forty -five (45) calendar days of receipt or within tcn (10) forty -five (45) calendar days of receipt to file a written notice of appeal with the Secretary of the Code Enforcement Board requesting a hearing before the Code Enforcement Board. The notice shall further state that in the absence of compliance or the filing of a notice of appeal within the tet forty -five (45) day time period, the city shall have the right to enter onto the property and take such action as is necessary to remedy the violation without further notice to the owner. The actual costs of such action plus the administrative costs as determined by the city shall become a lien upon the property until paid. If a written notice of appeal is timely filed with the Secretary to the Code Enforcement Board, the Secretary shall notify the owner by certified mail, return receipt requested, of the date and time when the owner, his agent or representative shall appear before the Code Enforcement Board to show the ''Noy board that the condition described in the notice of violation did not exist at the time the notice was issued. The notice shall also state that if the owner fails to appear before the Code Enforcement Board at the designated time, in person or by representation, and has failed to take action to remedy the condition before the date specified for compliance, then the owner shall be deemed to have authorized the city to enter onto the property and take such action as is necessary to remedy the violation without further notice to the owner. The actual costs of such action plus the administrative costs as determined by the city shall become a lien upon the property until paid. Struck through passages are deleted. Underlined passages are added. 99 -0 -19 2 PART B. AMEND CHAPTER 10 (HEALTH AND SANITATION), ARTICLE V (WEEDS, GRASS AND BRUSH; STANDARDS FOR PROPERTY MAINTENANCE) BY AMENDING SECTION 10 -96 (HEARING vigor BEFORE CODE ENFORCEMENT BOARD) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA. Section 10 -96 is amended to read as follows: Section 10 -96. Hearing before code enforcement board. (c) If the Board determines that the condition as described in the notice of violation does exist and should be remedied at the expense of the owner, `hc - cr tcn (10) - - : : : the Board shall determine the amount of time within which the owner may be allowed to remedy the violation and come into compliance Tuttless--the-Bottrel d specifics a latcr date. Upon the failure of the owner to remedy such violation within the time Now allowed, the city shall enter upon the property and take such action as is necessary to remedy the violation without further notice to the owner. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or passages are deleted. Underlined passages are added. 99 -0 -19 3 circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. ,, PART E. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance ", may be changed to "section ", "article ", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts C through G shall not be codified. PART F. EFFECTIVE DATE This Ordinance shall become effective immediately upon adoption. PART G. ADOPTION After Motion by and Second by , the vote on first reading `r,►, reading of this ordinance held on August 2, 1999, was as follows: Mayor Randy G. Allman XXX Councilman Jim Gornto XXX Councilman Myron F. Hammond XXX Councilman Gary W. Roberts XXX Councilwoman Judy Lichter XXX Now passages are deleted. Underlined passages are added. 99 -0 -19 4 After Motion by and Second by , the vote on second reading/public hearing of this ordinance held on August 16, 1999, was as follows: Mayor Randy G. Allman XXX Councilman Jim Gornto XXX Councilman Myron F. Hammond XXX Councilman Gary W. Roberts XXX Councilwoman Judy Lichter XXX PASSED AND DULY ADOPTED this day of August, 1999. ATTEST: CITY COUNCIL OF THE *ow CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Randy G. Allman City Clerk Mayor APPROVED FOR FORM AND CORRECTNESS: Nikki Clayton City Attorney Nosy Strut-It-through passages are deleted. Underlined passages are added. 99 -0 -19 5 AGENDA REQUEST Date: July 6, 1999 sore PUBLIC HEARING RESOLUTION DR/n9/99 ORDINANCE CONSENT AGENDA OTHER BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Request to grant 1) a variance from shoreline buffer at 8 Harris Circle (Section 9.5 -57 (18)(b)); and 2) a variance from impervious surface requirements (Section 9.5- 57(18)(d). BACKGROUND: Section 9.5- 57(18)(b) of the Edgewater Code establishes a shoreline protection buffer. This buffer prohibits development within 50 feet of the mean high water line. 'Section 9.5- 57(18)(d) provides that no more than 30% impervious surface shall be allowed within 100 feet of the mean high waterline. The City Council may grant variances to these requirements pursuant to Section 9.5 -64 of the Code. The applicant must show the proposed development which increases the rate of surface runoff will not be harmful to the Intracoastal Waterwa The homeowners wish to construct a swimming pool behind their home. The proposed pool would encroach into the shoreline protection buffer and exceed the 30 %threshold of impervious surface within 100 feet of the mean high waterline. This development will potentially increase runoff to die Intracoastal Waterwa To compensate for this encroachment the City's Engineer has required a stormwater exfiltration trench be constructed to catch the runoff from the pool. The proposed stormwater system must be designed by a "Registered Professional Engineer" and submitted for approval b the City's Engineer prior to construction. A copy of the Cit Engineer's report is attached. RECOMMENDATION /CONCLUSION: The Cit Engineer recommends the City Council consider approving the variance to Section 9.5- 57(18)(b) and Section 9.5- 57(18)(d). FINANCIAL IMPACT: N/A FUNDS AVAILABLE: Account Number: N/A (Specify if Budget Amendment is Required)• Page -2- 8 Harris Circle - Variance Request PREVIOUS AGENDA ITEM: YES NO Date: Agenda Item No. Respectfully submitted: c Ciald4-1/4 Lynne laskett Planning and Development Director Concurrence: Kenneth R. Hooper Cit Manager Tikki Clayton Cit Attorney maw LP: ran c: \lira \agenda. nis \8harris.cir ENGINEER'S REPORT Date: June 16, 1999 Project Name: Searle's Proposed Swimming Pool Address: 8 Harris Circle Request of the Engineer: Provide a written recommendation to the Cit Council on the proposed construction of a swimming pool (15 ft. b 30 ft.) including a concrete deck (30 ft. b 48 ft.) at the referenced single - family home site located on the Intracoastal Waterway. Variance Request: To construct the pool 20 feet from the mean high water line in lieu of the ordinance requirement of 50 feet per Section 9.5- 57(18)b. Recommendation: This size swimming pool can be constructed on this site with the following conditions: 1. The concrete deck must be constructed a minimum of 11 feet from the north propert line as per Ordinance Section 7 - 324. The ordinance states the construction must be 5 feet from an easement line. There exists a 6 -foot utilit easement at this property line 2. The concrete deck must be constructed a minimum of 10 feet from the south propert line as per Ordinance Section 7 - 324; 3. The concrete deck must be constructed 20 feet from the nearest coquina rip -rap stones. This would allow for a standard exfiltration trench to be constructed along the east end of the swimming pool to accommodate the trapping of an stormwater runoff from entering the Intracoastal Waterwa The stormwater runoff is not allowed to directl enter the Intracoastal Waterwa The exfiltration s must be designed b a Registered Professional Engineer 4. A proposed construction plan for this swimming pool must be submitted to the Cit indicating construction details, elevation and required information. 724' Hans Wolf , Civil 7 HW:smp c: \hwolfer. cor \8harris.cir RESOLUTION NO. 99 -R -14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, GRANTING A VARIANCE FROM *.. THE SHORELINE BUFFER AND IMPERVIOUS SURFACE REQUIREMENTS OF THE STORMWATER MANAGEMENT ORDINANCE FOR THE LOCATION AT 8 HARRIS CIRCLE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Florida has made the following determinations: 1. Pursuant to Section 9.5 -64 of the Code of Ordinances, Joyce K. Searl applied for a variance from the shoreline buffer and impervious surface requirements of the Storm Water Management Ordinance to allow construction of a swimming pool (15 x 30 foot) including a concrete deck (30 x 48 foot) at 8 Harris Circle which is located on the Intracoastal Waterway. 2. The recommendations of the City Engineer have been considered as well as the effect on the water resources of Edgewater. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. The request of Joyce K. Searl for a variance to construct a swimming pool behind their home at 8 Harris Circle is hereby granted subject to the following conditions: Now 99 -R -14 1 a) the concrete deck must be constructed a minimum of 11 feet from the north property line as per Section 7 -324 of the Code of Ordinances. Construction must be 5 feet from any easement line. Of record, it is noted that there is a 6 foot utility easement at this property line. b) The concrete deck must be constructed a minimum of 10 feet from the south property line as per Section 7 -324 of the Code of Ordinances. c) The concrete deck must be constructed 20 feet from the nearest coquina rip -rap stones. This will allow for a standard exfiltration trench to be constructed along the east end of the swimming pool to accommodate the trapping of any stormwater runoff from entering the Intracoastal Waterway. The stormwater runoff is not allowed to directly enter the Intracoastal Waterway. The exfiltration system must be designed by a Registered Professional Engineer. d) A proposed construction plan for the swimming pool must be submitted for review to the City indicating construction details, elevation and required information. e) No construction may be initiated until final approval and permitting is completed by the City. Section 2. All resolutions or parts of resolution in conflict herewith be and the same are hereby repealed. Nor Section 3. This resolution shall take effect upon adoption. 99 -R -14 2 After Motion by and Second by , the vote on this resolution is as follows: — Mayor Randy G. Allman XXX Councilman Jim Gornto XXX Councilman Myron F. Hammond XXX Councilman Gary W. Roberts XXX Councilwoman Judy Lichter XXX PASSED AND DULY ADOPTED this day of July, 1999. w ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Randy G. Allman City Clerk Mayor APPROVED FOR FORM AND CORRECTNESS: '44m" Nikki Clayton City Attorney 99 -R -14 3 .- �. 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E 4)2 > 2 4-9 . ..-,... 4.1 0 0 41 SH H §.',, '''' ' / / .:( ' 4 . ?J-,,, °..) 4-!.. U Z E GC • ../- / / Cr A1'. . . ' 6 • 0 •C 4 30; tu u) al 41 C •ai GO H Z :..1 . 1 : 1 m ,_3 R. (r) - -4 ). 0 C E - . E4 H Z CS • C. N. A 0 A C . .4 .I... -4•4 (--, 4 1 - - I X / E. 0 MS A-1 0 U VI . / l / ' 9 .,) c 3 9 r•-. .-4 IX La s'• 6100 04)) 14 C4 [al (..) -.■ a) v 4)4.0 a Ul P > . ..,,C• „,'N <1 Ou 0. 4-s A-I 0 .M 4.1 H 0 0 4 1.) Jo fr4 4 f . S.: 0 HI . .. 4 0 7 -4-' r - 0 4. 9 .--) G. 0 C --, 4. ...4 0 0 .• Au / AI `..-• ,.... 4.1 ■4 (0 ... /A 40 .0 tU 4, / `..-., } ... . Q. '''' - r• . '7 --) .• 9 , 9 a) v >, >, 3 n / A. -..., ••090Ctu c 4.0 a ' '‘ / / Q, 4 .W" 4-- u) 4- 0 > > 13 1- ° ' C4 MS al O 1... 1.4 AA r... ip IP tr, N. .v; - 0 V 9 0 o .1 I1 Cu 0 0 IT La SA 0 E-4 --.• %P / / ..3 1 H I:4 .V 1-) •rn 1) w al 4.) -.. / cP . c.. 0 n1 .o •o --1 .- 4 - , (-) ‘,, - ,-• a) cu o 0 .c .co --... ,..c.,. / / e u••• a = u) 0 E. E. Z 7 - , / > •: — _ c • C4 '1 / — 1 —__ _ — -- W 4„ ..4-- ,, , .3- ol s.0 H \ "A ' .- • 4-...„ 4 "" re ''''''. t•••••,,°"1,,... . 1- ' • ,.) % al,),;•••,,f, NN . - • I ( , c 1 1 ___ . _II • c ---....................._.... • f"- ., ■••■„)(,,,, . -- )c ..=-, ■ r / A ) ..... . .,-. < .... . , • • . • . • . . . .. • . • . . . • .. . . . . • • . • AGENDA REQUEST C.A. NO.: 99 -074 "i` Date: July 26, 1999 PUBLIC HEARING RESOLUTION ORDINANCE OTHER CONSENT 08/02/99 BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Request for appointment to the Animal Control Board to fill a vacated office. BACKGROUND: During the July 22, 1999, Animal Control Board Meeting, the Board reviewed applications submitted by David St. Mire, Elizabeth Donahue and Diane Corson to fill a vacancy on the Board due to the expiration of term for Robert Schmitt. """ RECOMMENDATION /CONCLUSION: The Board recommends that Council consider the appointment of Diane Corson to fulfill the vacancy with the term ending on November 3, 2001. FUNDS AVAILABLE: (ACCOUNT NUMBER) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, law m Robin M. Wolf Legal Assistant on behalf of the Animal Control Board THE CITY OF EDGEWATER POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100 APPLICATION FOR APPOINTMENT TO CITY `+0110,. BOARDS, AGENCIES OR COMMITTEES NAME / A Ai L 26 Eso a ADDRESS 47 Ai icnA „DPf VE District 3 / (Staff will supply district number) p HOME PHONE 7 0 I / 4,,2 4, (� 117 BUS INE S S PHONE OCCUPATION /' 7/ ei 1) 4610 '3DL iT Hf- AJ &/ .3C Ye/9t2 S R1/ /e 1 Are you a resident of Edgewater yi S How long ._S /�(/�G / r 9/ O()c Hr f (dve Is your principal place of employment in Edgewater? )6 1iJ .J' if yes how long? Briefly state your interest in serving on a City board, agency or commi : N RN' AN MA L, L, VgR IW /r 1Ii 2 ( / - /o 0/5 ZM k ./ / s A N11UE/ a/ ri ✓mss Hits -vim 1 Now or Aee-HA-eoLoqy € /(/!#/J& L Ms g. y' "if 1> t Hits -vim ! d o State your experience /qualification D ■ _ 4 i • i! �2,SO s -elm ea 1 - /C ` _ ' � OF liDg 1 „DA. 5 #E /c ) a e 6th / J CWN7e L . Are you a registered voter? / �/ Are you employed by the City? A b Do you hold public office? /�d At the present do you serve on any other Boards, Agencies, or committees? NO If so, list each: Have you ever serve on any boaT4s, agencies, r committees? If so, list each: PI OSg /Egt ti/2M ...oredt.ti/i,/?,lj (?TY Now NC gd Loc Y `Soc, -/y • ig/A N(N,81%le. (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER ANIMAL CONTROL BOARD GENERAL EMPLOYEES PENSION BOARD BEAUTIFICATION & TREE COMMITTEE LIBRARY BOARD CITIZEN CODE ENFORCEMENT BOARD PARKS & RECREATION BOARD CONSTRUCTION REGULATION BOARD PLANNING & ZONING BOARD ECONOMIC DEVELOPMENT BOARD POLICE PENSION BOARD FIREFIGHTERS • NSION BOAR VETERANS PARK ADV. CO 1ITTEE '1 ''Ilirrr SIGNATURE " (gULM DATE : 5 3 ** SEE REVERSE SIDE FOR LISTING BOARDS, AGENCIES AND COMMITTEES * (• V 10- 30 -97) 140A)11) DV tt A2 ,b1) l A /V wt ,vt- , ,,,, G US 127 ALL. /9 9 7 �N1 oVV-� 4/1/N'n ) ;nr' / -eslet) , • of iciv �� woLJ� /5 -- / ° /9 �� a ) Z 'WAS g -P CX�%� ANIMAL CONTROL BOARD -Five member board; three year terms. Meets at least quarterly. Whenever possible the membership must include a licensed veterinarian, a Southeast Volusia Humane Society representative, a dog owner, and a cat owner. Board members must be City residents unless no qualified resident candidate applies for membership. Members may not be City employees or serve on other City boards or committees. The board shall perform the following functions: Hear appeals of the initial determination of an animal control officer classifying a dog as dangerous. Hear appeals regarding the confiscation of a dog for destruction and Make recommendations to the City Council on animal control matters. BEAUTIFICATION & TREE COMMITTEE - Five member committee; three year terms. Meets the 2nd Tuesday of the month at 7:00 p.m. in the City Hall Conference Room. This committee advises Council on matters concerning beautification of the City. CITIZEN CODE ENFORCEMENT BOARD- Seven member board; three year terms. Meets third Thursday of the Month at 5:30 p.m. Purpose: To provide equitable, expeditious, effective, and inexpensive method of enforcing the technical codes and ordinances. CONSTRUCTION REGULATION BOARD -Seven member board; three year terms. Five members shall be representative of the following: Florida licensed general contractor, Florida licenses architect or structural engineer, Florida licensed property or casualty agent, Florida certified fire inspector or firefighter, and a citizen at large. The remaining two members shall be chosen from the following Florida licensed contractors: electrical, plumbing, and air conditioning. The architect shall be other than a landscape architect. No city employee shall be a member of the CRB. Shall be a resident of the City unless no qualified resident candidate applies. Meets third Thursday in January, March, May, July, September, November at 7 :00 p.m. Purpose: To review the building, fire and other related technical codes and policies. To hear appeals of a decision or action of the Building Official or Fire Chief. To provide recommendations to the City Council on building and construction related matters. To exercise disciplinary control and oversight over locally licensed contractors. ECONOMIC DEVELOPMENT BOARD- Nine member board; three year terms. Meets first Thursday of the month at 6:00 p.m. Purpose: To formulate plans for use and development of property for industrial development; promote the City as a prospective site for industry and provide support for existing businesses. FIREFIGHTERS PENSION BOARD- Five member board; two year terms. Meets quarterly and as needed. Purpose; Review retirement trust fund system and plans. Determine such retirement trust fund systems and plans are administered in such manner as to maximize protection of firefighters' retirement. GENERAL EMPLOYEES PENSION BOARD -Six member board; two year terms. Meets quarterly and as needed. Purpose: Review investment funds, benefits, and determines financial stability. PLANNING & ZONING BORD Seven member board; three year terms. Meets last Wednesday at 6:00 p.m. Purpose: Responsible for conducting Comprehensive Plan with recommendations to be made to Council. Hear applications for variances and special exceptions to the zoning ordinance, or any other assigned by Council. LIBRARY BOARD- Seven member board; three year terms. Meets at least 3 times a year (first Tuesday at 3:30 p.m.). Purpose: Review, discuss and recommend policies and funding, and encourage gifts for the Library. Works actively for improvements of all libraries. PARKS AND RECREATION BOARD- Five member board; three year terms. Meets first Wednesday of month at 7:00 p.m. Purpose: To study recreation needs and advise Council regarding maintenance and operation of parks. POLICE PENSION BOARD- Five member board; two year terms. Meets quarterly. Purpose: Review retirement trust fund system and plans. Determine such retirement trust fund systems and plans are administered in such manner as to maximize protection of police officers' retirement. VETERANS PARK ADVISORY COMMITTEE- Five member committee consisting of the Director of Parks and Recreation, one member representing the Disabled American Veterans Chapter 145, one member representing the American Legion Post 285, one member representing the Veterans of Foreign Wars Post 4432, and one member of the City Council. Purpose: To advise the City Council regarding activities at Veterans Park. Meets on as needed basis. 07 -15 -99 P02 :09 IN THE CITY OF EDGEWATER POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100 APPLICATION FOR APPOINTMENT TO CITY err• BOARDS, AGENCIES %- COMMITTEES NAME i i /1 /L :4 . a. A/ 9 G1Ut .4 • ADDRESS 3 o( U,5 I I .►- 1,p/ -- Ie/t/ . District (Staff will supply district number) HOME PHONE C9'4 if ) y� 3 - 7, T t BUSINESS PHONE 4)4 OCCUPATION ( I -/2-. 1 Are you a resident of Edgewater .n.How long Is your principal place of employme t in Edgewater? /0 /9 if yes how long? Briefly state your interest in serving on a City board, agency or . e s4 'rot' committee: . o ' 4 V r 'ss�, w _ <<i . , ... , I . 4 K:,. ...A .../A . / / . t 0 , L . �. • �'�� ,-',§.. .4. .I� I �5 -.a ....• . L / 111111111, ■••-1 a v 11 e3( r .1-0014._ ' f ---) r ' - , f _ •(ice - . State your xperiencelquali i ons v ,: i...... �: 1 � ; � re .0 •.v re istered :te ? , ciff4, / y g Are you employed by the City ?'7o you hold public office? At the presen� . time, do you 'se ' e o an y o _ Pi e r ~ Boar ds, Agencies, or committees? Jtt9" / If so, list each: Have you ,ever 'served on any boards, agencies, or committees? If so, list each: i' °°`. `fir (BOARD, AGENCY AND COMMITTEE MEMI§Eke MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER (" ANIMAL CONTROL BOARD ' EMPLOYEES PENSION BOARD BEAUTIFICATION & TREE COMMITTEE LIBRARY BOARD V CITIZEN CODE ENFORCEMENT BOARD PARKS & RECREATION BOARD 6) L CONSTRUCTION REGULATION BOARD PLANNING & ZONING BOARD ,/ ECONOMIC DEVELOPMENT BOARD POLICE PENSION BOARD ✓FIREFIGHTERS PENSIOON BOARD VETERANS PARK ADV. COMMITTEE *kW S I GNATURE E% - fel ' 0 P eYyt,�j�t ,— DATE: ** SEE REVERSE S � E FOR LISTING OF BOARDS, AGENCIES AND COMMMTTEES ** (REV 10- 30 -97) l.!/ P41.4 `.,49'►',, `- (tip -4 ro . 41 0 . .6w e V ft l . izigo....t.,,_1/6/9 () J D 0 n A D • 01- 21- 99P01 :58 RCVD THE CITY OF EDGEWATER POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100 APPLICATION FOR APPOINTMENT TO CITY 'r BOARDS, AGENCIES OR COMMITTEES NAME J0‹ t/ i l ,S T, 7 (re— ADDRE (/ ( I J 6 c J✓ 7 '- OA—. Di strict (Staff will supply district number) HOME PHONE 4 23 — 0" (1c.) BUSINESS PHONE 4 2 3 — 5 S R 2 OCCUPAT ION 5 � i+.--! 4 A" uda Q� — 1�—(0 Are you a resident of E ew ater 7-='S How long / ` 4 Y' Is your principal place of employment in Edgewater? ''-S if yes how long? 74 y / Briefly state your interest in serving on a City board, agency or committee: -IL ( A w = e . '!ti ' k /Fke S i r -1 ---- �, cJ yr► _ i %� o G , llz c> S c c/ I/` 4.4 l v- 4 -ct r f ( P a k•' .11'j %� 0t £V `jam -L/4 d':tr" .6, , r �r,J /-' �LC 4 'Iv ( / - '' /a All e.- lofty ,7- U u ,- ��s .G' c-,,✓ J„s- , State your experience /qualifications LIP ' 5 C' " v"a -- ( A)5 d /arse ) 2 E f G / Gd G 7 It-',.? ,l--'�"E?t Q. , 1111 Are you a registered voter? Are you employed by the City? f Do hold public office ? At the present time, do you '86. t ": - th r' Agencies, or committees? t/es If so, list each: / -. < s: - - - � - / L 4 Lid ✓ Yr� 9 n. S Pr' ,> e5:,..,: � S !�+ �% "P �CS < -e A)Ai /u AdaL 7 /Z / re ,,,le.,r,i'j % . 5f.e' 4,7 Icy: 14-- 1-_,,(4-/ .-, -. Have you ever served on any "boards, agenc or committees? If so, list each: (BOARD, AGENCY AND COMMITTEE MEMB " ' ' MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU ULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER 1.60/ ANIMAL CONTROL BOARD GENERAL EMPLOYEES PENSION BOARD BEAUTIFICATION & TREE COMMITTEE LIBRARY BOARD CITIZEN CODE ENFORCEMENT BOARD PARKS & RECREATION BOARD CONSTRUCTION REGULATION BOARD PLANNING & ZONING BOARD ECONOMIC DEVELOPMENT BOARD POLICE PENSION BOARD FIREFIGHTERS PENSION BOARD VETERANS PARK ADV. /.2-472 COMMITTEE SI GNATURE (Z2- /`� DATE: ` ** SEE REVERSE SIDE FOR LISTING OF S, AGENCIES AND COMMITTEES** (REV 10- 30 -97) _ _ • cul CityofOakHill RECE 234 South U.S. Hwy. #1 ir.•+� -rw„.: gi Oak Hill, Florida 32759 JUL 2 2 1999 Phone 904 - 345 -3522 CITY MANAGES • MO Fax 904 - 345 -1834 Mayor Randy G. Allman City of Edgewater 104 N. Riverside Drive P.O. Box 100 Edgewater, Florida 32132 -0100 July 20, 1999 Dear Mayor Allman: The City Commission of Oak Hill is interested in entering into an Interlocal Agreement with the City of Edgewater regarding annexation and expansion of each City's respective boundaries. We would anticipant an agreement similar to the present such agreement between the City of Edgewater and New Smyrna Beach and the agreement between the City of New Smyrna Beach and the City of Port Orange. If your council is open to the consideration of such an agreement, we would request that the respective City Attorneys meet and draft a proposal interlocal agreement. Your City Attorney may contact our City Attorney Gayle Graziano at (904) 258 -7440. Should the City of Edgewater decline to consider such an agreement, we would request an opportunity to meet in a congenial workshop setting to discuss our interest and concern and your council's objections to such an agreement. Your prompt response to our proposal would be greatly appreciated. Sincerely, -.144 t ' G 'jL� _ Donna J. Be ye Mayor * 0 e. Wq T _ Ai TILE CITY'OFEDGEWATER POST OFFICE BOX I00- EDGE IV 1 TER, FLORIDA 32132-0100 O �� Mayor Randy G. Allman District 1 Councilman James K. Gornto City Manager Kenneth R. Hooper District 2 Councilman Myron F. Hammond City Attorney Nikki Clayton District 3 Councilman Gary W. Roberts City Clerk Susan J. Wadsworth District 4 Councilwoman Judith R. Lichter March 17, 1999 Ms. Mary Anne Connors Water and Utilities Director Public Works Service Center Administration Service Group 123 West Indiana Avenue Deland, Florida 32720 -4262 Dear Ms. Connors: I appreciate the opportunity to meet with you, Mr. Henry and Larry Hayduk concerning the feasibility of the City of Edgewater providing wholesale /bulk water and sewer service to the unincorporated area south of Edgewater. The City of Edgewater is interested in partnering with Volusia County to provide the most cost - effective water and sewer service to the Edgewater /SE Volusia service area. The City is prepared to give due consideration and prompt responses to assist in providing a solution to SE Volusia's water and sewer service problems. Below is a brief discussion of the capital and operating charges necessary for the City of Edgewater to provide water and wastewater service to Southeast Volusia County. WASTEWATER CAPACITY As you are aware, the City of Edgewater has expanded its wastewater treatment facility to a treatment/disposal capacity of 2.75 MGD and currently treats wastewater flows of approximately 1.5 MGD. Effluent from the City's facility is treated to public access standards and is used for reclaimed water. Only during hot weather conditions, is the ANT effluent discharged to the Indian River Lagoon. The City's wastewater facility is planned to provide sewer service to approximately 12,200 ERUs which is the planned build -out of our current municipal boundaries. If the City provides wastewater capacity to the Southeast Volusia service area, the treatment capacity allocated for the new service area would have to be replaced with a future expansion of our existing wastewater facility. The City has completed an engineering evaluation indicating that the most cost - effective expansion would be to 4.0 MGD at a cost of approximately $4.50 /gallon. Based on the evaluation, any existing wastewater capacity that is allocated to the new Southeast Volusia service area must be replaced by the expansion of future wastewater capacity at a rate of $4.50 /gallon. CITY MANAGER'S OFFICE 104 NORTH RIVERSIDE DRIVE (904)424 -2404 FAX - (904)424 -2409 Ms. Mary Anne Connors March 5, 1999 Page 2 Based on this simple analysis, the City of Edgewater would provide immediate wholesale wastewater capacity to the SE Volusia area, south of the City, at a capital rate of $4.50 /gallon. Based on the City's existing wastewater flow, permit condition and anticipated time for expansion of the treatment facility, the City can immediately provide up to .75 MGD of wastewater treatment and disposal capacity. TRANSMISSION SYSTEM The transmission of raw wastewater from the new S.E. Volusia service area would require the installation of a new master pump station and new force main (8" minimum) south of Roberts Road. The City's existing collection and transmission system (north of Roberts Road to the treatment facility) was not designed to transmit additional wastewater flows from the south, thus the transmission system north of Roberts Road to the City's wastewater treatment facility would have to be modified. The City's consulting engineers have provided a planning -level cost estimate of $1.2 million for modification to the City's existing transmission system from the S.E. Volusia service area to the City's wastewater treatment facility. Since the modified and expanded transmission system would benefit the new service area and areas within the City, we propose to divide the cost of the master pump station and force main evenly with the County. The City would be responsible for the design, permitting, and construction of the master pump station, force main and expansion of the City's existing transmission system and the County would be responsible for 50% of the total cost. TREATMENT COST A review of our current wastewater operating expenses indicate the City can treat wholesale/bulk wastewater at a rate of $2.00 /gallon. The City would agree to not charge an "out -of- city" surcharge and would only modify the wholesale/bulk rate when the total rate structure was reviewed. COLLECTION SYSTEM The cost of installation of a new or modified collection system would be the responsibility of the retail service provider or the property owner. The cost of providing a local collection system is not included in the description of wholesale treatment and capacity rates. The cost of a wastewater collection system is usually provided by the developer of a new project or the existing homeowner in the case of a retrofit project. The City could assist in the establishment of a special assessment program but Volusia County would have to implement any special assessment program due to jurisdictional issues. WATER CAPACITY The City of Edgewater has a potable water treatment system (wells, treatment and disinfection) with an overall capacity of 5.0 MGD. The City has recently renewed the SJRWMD consumption use permit and is valid through 2003. The City is in a position to provide potable water service to the Southeast Volusia service area at a capacity charge of $4.00 /gallon. The City can immediately Ms. Mary Anne Connors March 5, 1999 Page 3 provide up to .250 MGD of potable water capacity. The City can provide the required water capacity without upgrades to the City's existing southern water distribution system. TREATMENT A review of our current water operating expenses indicates City can provide wholesale/bulk water at a rate of 3.00/1000 gallons for the initial 250,000 gallons per day and a rate of 2.50/1000 gallons for any purchased amount over 250,000 gallons per day. The City would agree to not charge an `but - of- City" surcharge and would only modify the wholesale/bulk rate when the total rate structure is reviewed. SUMMARY In summary, the City can provide wastewater wholesale service to Southeast Volusia County under the following conditions. Wastewater Capacity - up to .75 MGD at $4.50 per gallon Wastewater Services - 2.00/1,000 gallons Transmission 0 & M System - cost estimate 1.2 million; 50% City & 50% County Collection System - County or users Water Capacity - up tp .250 MGD at $4.00 per gallon Water Services - $3.00/1000 gallons for initial 250,000 gallons per day and $2.50/1000 gallons for purchased amount over 250,000 gallons per day. Please contact me if you have any questions. Very truly yours, . / '' • Ke neth R. Hooper City Manager KRH:ejm c:\corresp \connors3.599