04-06-1998
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Votina Order
Councilman Hammond
Councilman Roberts
Councilwoman Lichter
Mayor Allman
Councilman Gornto
AGENDA
CITY COUNCIL OF EDGEWATER
APRIL 6, 1998
7:00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. PRESENTATION OF PLAQUES/PROCLAMATIONS
A. Mayor's Award of Excellence Plaque and Proclamation to Steve Hardock
B. Plaque and Proclamation of Appreciation to Joe Martin for his efforts
with economic development
3. APPROVAL OF MINUTES
A. Special meeting and regular meeting of March 2, 1998
B. Regular meeting of March 16, 1998
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. Public hearing Ord. No. 98-0-02 Amending Article IV (Tree Preservation
& Protection)
B. Public hearing re: request of Florence Anderson and Raymond L.
Anderson for amendment to development agreement for property
located at rear of 1904 South Riverside Drive
C. Public hearing re: development agreement for All Storage Phase III
located at 1904 Hibiscus Drive
D. Public hearing re: request of James C. and Rosemary Carder for
amendment to development agreement on Pelican Cove West Phase II
7. CONSENT AGENDA
Items on the consent agenda are defined as routine 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 Councilmember.
A. Request of Fire/Rescue Services to purchase 7 sets of firefighters
turnout gear at cost of $5,580 piggybacking on City of Orlando's contract
B. Renewal of Florida Department of Transportation Highway Maintenance
Contract
(Continued on page 2)
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Agenda - City Council of Edgewater
April 6, 1998 - Page two
8. OTHER BUSINESS
A. Appointment of Nikki Clayton as City Attorney
B. Councilman Gornto appointment to Animal Control Board
C. Name change for City newsletter (Tabled March 16, 1998)
9. GENERAL CITIZEN COMMENTS/CORRESPONDENCE
10. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
11. ADJOURN.
NOTE: All items for inclusion on the April 20, 1998, agenda must be received by the City
Manager's office no later than 4:30 p.m. Monday, April 13, 1998.
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.
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WHEREAS, Steve Hardock after 35 years of service with the Edgewater
volunteer fire department has devoted many endless hours and continues to
dedicate his time and energy; and
WHEREAS, he is highly deserving of public recognition as he continues
„ participation in providing his expertise and involvement in the many projects he
has designed, planned and completed for our community; and
WHEREAS, he has shown the ability to provide excellent leadership skills
in the department, by serving as Assistant Chief Lieutenant, 2nd Lieutenant
and Secretary /Treasurer; and
WHEREAS, Mr. Hardock has placed his concern for the public ahead of
his personal interests by demonstrating in so many ways his deep and genuine
love for the people of our community.
NOW THEREFORE, it is fitting that our Community join in with
me in recognizing and honoring Steve Hardock on being the City of Edgewater's
recipient of the
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Mayor's Award of Excellence
Jn I:I; i#neoz hereof 9 have hefteunto set rmy Land and caused the 9neat
Seal of the City 2dgewaten to be attixed
Done at the Edgewater City Hall in the
-_: County of Volusia STATE OF
', FLORIDA this 23rd day of
March in the Year of Our Lord one
_ � r = thousand nine hundred and ninety-
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City Clerk
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INTER - OFFICE MEMORANDUM
EDGEWATER, FLORIDA
TO: City Council
FROM: Nikki Clayton
City Attorney
C.A. NO.: 98 -053
DATE: April 6, 1998
SUBJECT: SUMMARY OF TERMS ON ORDINANCE NO. 83 -0 -16
(Franchise with Florida Power & Light)
Section 1: City grants Florida Power and Light (FPL) a franchise to construct and maintain
electric utility facilities on City property:
a) non- exclusive
b) 30 year term until September 30, 2013
Section 2: FPL must accept franchise in writing filed with City Clerk.
Section 3: Location and relocation of facilities subject to supervision and approval of City or its
designated representative. FPL will restore City streets to same condition as prior to
construction.
Section 4: FPL indemnifies and holds City harmless from damages resulting from FPL
construction, operation or maintenance.
Section 5: FPL will charge reasonable rates.
Section 6: FPL will pay franchise fees to the City which when added to taxes paid to the City
will equal 6% of gross revenues from electricity sold within the City.
Section 7: FPL will pay franchise fees monthly in advance based on estimates.
Section 8: City will not engage in electric business during term of franchise.
Section 9: If FPL defaults, the remedy is forfeiture of franchise unless FPL cures default.
ORDINANCE NO. 83 -0 -16
AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY,
ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE,
IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO,
PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF EDGEWATER,
CONTAINING A SEVERABILITY CLAUSE, A REPEALER PROVISION,
AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA:
Section 1. There is hereby granted to Florida Power & Light Company (herein
called the "Grantee "), its successors and assigns, the non - exclusive right, privilege
or franchise to construct, maintain and operate in, under, upon, over and across the
present and future streets, alleys, bridges, easements and other public places of
the City of Edgewater, Florida (herein called the "Grantor ") and its successors,
(including any annexed areas) in accordance with established practice with respect
to electrical construction and maintenance, for the period of 30 years from the
date of acceptance hereof, electric light and power facilities (including conduits,
poles, wires and transmission lines, and, for its own use, telephone and telegraph
lines) for the purpose of supplying electricity to the Grantor and its successors,
and inhabitants thereof, and persons and corporations beyond the limits thereof.
It shall be provided in every such grant that upon the annexation of any territory
to the city the portion of any such utility that may be located within such annexed
territory and upon the streets, alleys or public grounds thereof, shall thereafter
be subject to all terms of the grant as though it were an extension made thereunder.
Section 2. As a condition precedent to the taking effect of this grant, the
Grantee shall have filed its acceptance hereof with the Grantor's Clerk within 30
days hereof.
Section 3. The facilities of the Grantee shall be so located or relocated and
so erected as to interfere as little as possible with traffic over said streets,
alleys, bridges and public places, and with reasonable egress from and ingress to
abutting property. The location or relocation of all facilities shall be made
under the supervision and with the approval of such representatives as the governing
body of the Grantor may designate for the purpose, but not so as to unreasonably
interfere with the proper operation of the Grantee's facilities and service. When
any portion of a street is excavated by the Grantee in the location or relocation
of any of its facilities, the portion of the street so excavated shall, within a
reasonable time and as early as practicable after such excavation, be replaced by
the Grantee at its expense and in a condition as good as it was at the time of such
excavation.
Section 4. Grantor shall in no way be liable or responsible for any accident
or damage that may occur in the construction, operation or maintenance by the Grantee
of its facilities hereunder, and the acceptance of this ordinance shall be deemed
an agreement on the part of the Grantee to indemnify the Grantor and hold it harm-
less against any and all liability, loss, cost, damage or expense which may accrue
to the Grantor by reason of the negligence, default or misconduct of the Grantee
in the construction, operation or maintenance of its facilities hereunder.
Section 5. All rates and rules and regulations established by the Grantee from
time to time shall at all tines be reasonable and the Grantee's rats for electricity
shall at all times be subject to such regulation as may be provided by law.
Section 6. No later than 60 days after the first anniversary date of this grant,
and no later than 60 days after each succeeding anniversary date of this grant, the
Grantee, its successors and assigns, shall have paid to the Grantor and its successors
an amount which added to the amount of all taxes as assessed, levied, or imposed
(without regard to any discount for early payment or any interest or penalty for
late payment), licenses, and other impositions levied or imposed by the Grantor upon
the Grantee's electric property, business, or operations, and those of the Grantee's
electric subsidiaries for the preceding tax year, will equal six percent of the
Grantee's revenues from the sale of electrical energy to residential, commercial and
industrial customers within the corporate limits of the Grantor for the 12 fiscal
months preceding the applicable anniversary date.
Section 7. Payment of the amount to be paid to the Grantor by the Grantee under
the terms of Section 6 hereof shall be made in advance by estimated monthly install-
ments commencing 90 days after the effective date of this grant. Each estimated
monthly installment shall be calculated on the basis of 90% of the Grantee's revenues
(as defined in Section 6) for the monthly billing period ending 60 days prior to each
scheduled monthly payment. It is also understood that for purposes of calculating
each monthly installment, all taxes, licenses, and other impositions shall be
estimated on the basis of the latest data available for all such amounts imposed on
the Grantee, before being prorated monthly. The final installment for each fiscal
year of this grant shall be adjusted to reflect any underpayment or overpayment
resulting from estimated monthly installments made for said fiscal year.
-2- Ordinance #83 -0 -16
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Section 8. As a further consideration of this franchise, the Grantor agrees
not to engage in the business of distributing and selling electricity during the
life of this franchise or any extension thereof in competition with the Grantee,
its successors and assigns.
Section 9. Failure on the part of the Grantee to comply in any substantial
respect with any of the provisions of this ordinance shall be grounds for forfeiture
of this grant, but no such forfeiture shall take effect if the reasonableness or
propriety thereof is protested by the Grantee until a court of competent jurisdiction
(with right of appeal in either party) shall have found that the Grantee has failed
to comply in a substantial respect with any of the provisions of this franchise, and
the Grantee shall have six months after the final determination of the question to
make good the default before a forfeiture shall result with the right in the Grantor
at its discretion to grant such additional time to the Grantee for compliance as
necessities in the case require.
Section 10. Should any section or provision of this ordinance or any portion
hereof be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remainder as a whole or as to any part,other than
the part declared to be invalid.
Section 11. All ordinances and parts of ordinances in conflict herewith be and
the same are hereby repealed.
Section 12. This ordinance shall take effect on the date upon which the Grantee
files its acceptance.
The first reading of the above ordinance was read in full and passed by a vote
of the City Council of Edgewater, Florida at a SIC/ meeting of said
c
Council held on the 3/ day of &/ , 1983, and approved as pro-
vided by law.
The second reading of said ordinance to be at a meeting of
the City Council to be held on the 7 day of - ' , , 1983.
Roll call vote being as fo ows: te
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ITY CLERK
Approved this 7 day of
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INTER - OFFICE MEMORANDUM
EDGEWATER, FLORIDA
TO: Mayor Randy Allman
FROM: Nikki Clayton/l
City Attorney
C.A. NO.: 98 -054
DATE: April 6, 1998
SUBJECT: CONTINUING SERVICE CONTRACTS
BANKING SERVICES: First Union National Bank - No term specified.
Contract has not been bid for at least 10 years and not since First
Union bought Southeast Bank.
FINANCIAL ADVISOR: Do not presently have a Financial Advisor. Ernst and Young
provided advisory services to the City in some of its recent fmancial
transactions.
AUDITING SERVICES: Ernst and Young - Term expires on September 30, 1998
Contract has not been advertised for competition since July 1989. In
1994, after first 5 years were completed, the contract was extended
for an additional 5 years.
ARCHITECT AND
ENGINEER SERVICES: Hartman and Associates, Inc.
Quentin L. Hampton Associates, Inc.
3 year terms and both expired in September, 1997.
6-A
AGENDA REQUEST
C.A. NO.: 98 -042
Date: March 19, 1998
PUBLIC
HEARING 04/06/98 RESOLUTION ORDINANCE
OTHER
CONSENT BUSINESS CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
Public Hearing Ordinance No. 98 -0 -02 Amending Article IV (Tree Preservation & Protection)
BACKGROUND:
On March 16, 1998, City Council approved on first reading Ordinance No. 98 -0 -02 (attached) which
amends Section 14 -52 (Definitions) by modifying the definition of "Replacement Tree" from 4" to
2 1/2" measured 6" above the soil line and to amend Section 14 -62 (Preservation During
Construction or Site Preparation). The modifications will not change the amount of wood required,
but allow flexibility in requirements by allowing Staff to determine the equivalency (number and
type) of trees required when appropriate.
The Notice of Public Hearing was published in the Observer on March 26, 1998.
RECOMMENDATION /CONCLUSION:
Staff recommends that the City Council consider adoption of Ordinance No. 98 -0 -02.
FUNDS AVAILABLE: (ACCOUNT NUMBER)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
Respectfully submit , ncurrence:
6/1
ikki Clayton . Kevin Grace
— City Attorney City Manager
41111. IL A
Lynne 6 1askett
Acting Director of Community Development
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Attachment
ORDINANCE NO. 98-0-02
AN ORDINANCE OF THE CITY COUNCIL OF EDGEWATER, FLORIDA,
AMENDING ARTICLE IV (TREE PRESERVATION AND PROTECTION),
SECTIONS 14 -52 (DEFINITIONS) AND 14 -62 (PRESERVATION AND
INSTALLATION DURING CONSTRUCTION OR SITE PREPARATION) OF
THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA; BY
MODIFYING THE DEFINITION OF REPLACEMENT TREE AND THE
REQUIREMENTS OF CROWN COVER IN SITE PREPARATION;
PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING
FOR ADOPTION AND CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. On January 6, 1998, the Land Development and Regulatory Agency held a public hearing
to consider a request from Joe Martin to amend certain requirements relating to the Article IV (Tree
Preservation and Protection) of the Code of Ordinances. The amendment would modify Section 14-
52 (Definitions) and Section 14 -62 (Preservation and Installation During Construction or Site
Preparation).
2. On January 6, 1998 the Land Development and Regulatory Agency recommended
approval by a 7 to 0 vote to amend Section 14 -52 (Definitions) to modify "Replacement Tree" by
changing the caliper requirement and to amend Section 14 -62 (Preservation and Installation During
Construction or Site Preparation) to allow Staff to determine the equivalency (number and type) of
trees to be planted when appropriate.
3. The City Council determined that it is in the best interests of the citizens of Edgewater
to modify these requirements.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida:
PART A. AMENDMENT OF CHAPTER 14 (PLANNING AND ZONING
GENERALLY), SECTION 14 -52 (DEFINITIONS) OF THE
CODE OF ORDINANCES, CITY OF EDGEWATER,
FLORIDA.
Section 14 -52 is amended as follows:
Section 14 -52. Definitions.
Replacement tree: Any immature tree having an overall caliper of at least four (4) inches two
Struck — hr-eugli. passages are deleted.
Underlined passages are added.
98 -0 -02
1
and one -half inches (2 1/2 ") measured six inches (6 ") above the soil line. ,but the This term
- does not include any tree listed as exempt in section 14 -56.
PART B. AMENDMENT OF SECTION 14 -62 (PRESERVATION AND
INSTALLATION DURING CONSTRUCTION OR SITE
PREPARATION) OF THE CODE OF ORDINANCES, CITY OF
EDGEWATER, FLORIDA.
Section 14 -62 is amended as follows:
Section 14 -62 Preservation and installation during construction or site preparation.
(e) On such sites where no trees exist, native or other trees which would be compatible with the
site in order to establish a twenty -five (25) per cent crown cover in ten (10) years, shall be
planted prior to issuance of certificate of occupancy. Single - family and mobile home lots
shall have a minimum of two (2) trees in the front yard setback and one tree in the rear yard
setback, or one tree per two thousand five hundred (2,500) square feet of lot area, or
whichever is greater. If the lot contains an insufficient number of existing trees to meet this
requirement, replacement trees shall be provided. Existing trees in side setbacks may be
included in landscape requirements. In connection with new construction of any
- . -. ., - - -. , -- .. -, -- - - -. - -
(f In connection with new construction of any development requiring site plan approval, each
site shall contain a minimum of one (1) tree for every one thousand five hundred (1500)
square feet of lot area (rounded to nearest whole number). If the lot contains an insufficient
number of existing trees to meet this requirement, replacement trees shall be installed. In the
event it is impractical to install the required number of replacement trees, due to lot size,
building configuration or other impediments, Staff may, at their discretion allow a larger tree
diameter in lieu of the number required as long as the overall caliper requirements do not
change.
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.
"kw 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.
Stfeek-tlifeugh passages are deleted.
Underlined passages are added.
98 -0 -02
2
r
*or 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 take place upon adoption.
PART G. ADOPTION
After Motion by Councilman Roberts and Second by Councilman Hammond, the vote on the
first reading of this ordinance held on March 16 , 1998, was as follows:
Mayor Randy G. Allman AYE
Councilman Jim Gornto AYE
Councilman Myron F. Hammond AYE
Councilman Gary W. Roberts AYE
Councilwoman Judy Lichter AYE
After Motion by and Second by , the vote on the second
reading of this ordinance was as follows:
Mayor Randy G. Allman XXX
`fir Councilman Jim Gornto XXX
Councilman Myron F. Hammond XXX
Councilman Gary W. Roberts XXX
Councilwoman Judy Lichter XXX
S4ttek-tiffeugh passages are deleted.
Underlined passages are added.
Nor
98 -0 -02
3
•
,`„ PASSED AND DULY ADOPTED this day of , 1998.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Randy G. Allman
City Clerk Mayor
APPROVED FOR FORM
AND CORRECTNESS:
Now
Nikki Clayton
City Attorney
slaw
St el eugh passages are deleted.
Underlined passages are added.
lore
98 -0 -02
4
I Z
AGENDA REQUEST
C.A. NO.: 98 -049
Date: March 30, 1998
PUBLIC
HEARING 04/06/98 RESOLUTION ORDINANCE
OTHER
CONSENT BUSINESS CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
Public Hearing regarding request of Florence Anderson and Raymond L. Anderson for an
amendment to Development Agreement for property located at the rear of 1904 South Riverside
Drive.
BACKGROUND:
The Anderson's have requested an amendment to extend the duration of time in which to apply for
approval of construction plans for proposed water, sewer and stormwater improvements.
On March 25, 1998, the Land Development and Regulatory Agency approved the attached
,,, Amendment to Development Agreement by a vote of 6 to 0.
RECOMMENDATION /CONCLUSION:
Staff recommends that the City Council consider approval of the Amendment to the Anderson
Development Agreement.
FUNDS AVAILABLE: (ACCOUNT NUMBER)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
Respectfully submitted, Concurrence:
%hoe A6L.Clud
ikki Clayton J. evin Grace
City Attorney ity Manager
Lynne laskett
Acting Director of Community Development
NC /rmw
AMENDMENT TO DEVELOPMENT AGREEMENT
1904 SOUTH RIVERSIDE DRIVE
(ANDERSON)
THIS AMENDMENT TO THE DEVELOPMENT AGREEMENT made and entered into
this day of , 1998, by and between the CITY OF EDGEWATER, FLORIDA,
a municipal corporation, (hereinafter "City') and FLORENCE ANDERSON, (hereinafter "Owner ")
and RAYMOND L. ANDERSON, (hereinafter 'Developer ").
WITNESSETH, that the parties have agreed to amend that certain Development Agreement
dated November 7, 1994, that:
1. Paragraph 2. DURATION OF AGREEMENT is hereby amended to read as follows:
The Development Agreement is hereby amended to reflect an
extension of time in which the Owner/Developer shall apply for
approval of construction plans for the proposed water, sewer and
**"" stormwater improvements. The Owner/Developer shall comply with
this requirement prior to September 1998. These construction plans
must be approved by the City Engineer and the Director of Utilities
prior to the commencement of work.
2. In all other respects, the terms and conditions of that certain Development Agreement dated
November 7, 1994, 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.
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
(Agreemnt/Development - Anderson - Amend #1) 1
OWNER
Now
Witness Florence Anderson
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 FLORENCE ANDERSON, who
is personally known to me or who produced as identification
and who executed the foregoing instrument and acknowledged before me that he executed the same.
Noisy
WITNESS my hand and official seal in the County and State last aforesaid this day
of , 1998.
(Seal/Stamp) Notary Public
(Commission Expiration Date) State of Florida at Large
DEVELOPER
Witness Raymond L. Anderson
Witness
Now
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 RAYMOND L. ANDERSON, 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 , 1998.
( Seal/Stamp) Notary Public
(Commission Expiration Date) State of Florida at Large
(Agreemnt/Development - Anderson - Amend #1) 2
1 12:46
.trument # 94170659
Etbok; : 3964
F'age: 1.714
DEVELOPMENT AGREEMENT
1904 SOUTH RIVERSIDE DRIVE
EDGEWATER, FLORIDA
THIS AGREEMENT made and entered into this 7/ 1j— day of
A 4 - 11-61 4- JA - ■— , , 1994, by and between the CITY OF
EDGEWATER, FLORIDA, a municipal corporation, (hereafter "City "),
FLORENCE ANDERSON, (hereafter "Owner "), and RAYMOND L. ANDERSON,
(hereafter "Developer ").
NOW, THEREFORE, in consideration of the agreements, premises,
and covenants set forth herein and other good and valuable
consideration, the parties agree as follows:
1. LEGAL DESCRIPTION AND OWNER:
The land subject to this Agreement is located at 1904 South
Nor Riverside Drive, Edgewater, Florida, and its legal description is:
Lot 6, Block 2, RIVEREDGE ACRES, as recorded
in Map Book 9, Page 260 of the Public Records
of Volusia County, Florida, less and except
the following portion thereof: Commence at
the Northwest corner of said Lot 6; thence
runt South 0 °16'20" East along the West line
of said Lot 6, a distance of 110.62 feet to
the Southwest corner of said Lot 6; thence
North 61 °51'40" East along the Southerly line
of said Lot 6, a distance of 51.71 feet;
thence North 28 °08'20" West, a distance of
97.79 feet to the Point of Beginni:ig.
The owner of the land is Florence Anderson.
2. DURATION OF AGREEMENT:
The duration of this Development Agreement shall be five (5)
years from the date of execution. However, the Owner /Developer
Nor
shall apply for approval of construction plans for the proposed
water, sewer and stormwater improvements no later than two (2)
years from the date of execution of this Agreement. These
construction plans must be approved by the City Engineer and the
Director of Utilities prior to the commencement of work. This
Development Agreement, and the terms provided for herein, may be
extended by the mutual consent of the City and the Owner /Developer,
subject to a public hearing in accordance with §163.3225, Florida
Statutes. After the improvements have been completed the
Owner /Developer shall record a copy of the replat of Lot 6
*tor described in paragraph 1 along with any easements. No newly
(agreemnt /anderson.dev)
November 9, 1994 1
r"301.: : 3964
► we 1715
• i
created lots shall be conveyed until the replat is recorded.
3. DEVELOPMENT USES PERMITTED:
The land subject to this Agreement shall be developed in
accordance with the September 12, 1994 conceptual plan prepared by
Geil Development Services, Inc., a copy of which is attached hereto
and incorporated by reference as Exhibit "A ". Construction of the
improvements shall be in conformance with the physical requirements
set out in the conceptual plan. Additionally, the Owner /Developer
shall comply with any and all other applicable ordinances in effect
at the time this Development Agreement is executed by the parties,
regulating or restricting the physical disposition of improvements,
including aesthetic amenities, consistent with and not contrary to
the terms of this Development Agreement. As shown in the
N.► conceptual plan, there is an existing single family residence which
fronts on Riverside Drive. Three (3) lots will be created to allow
the construction of two (2) additional single family residences .
The land subject to development is approximately one (1) acre in
size.
4. PUBLIC FACILITIES:
The Owner /Developer agree to extend the City's existing public
'water system and public wastewater treatment system to each of the
newly created lots. Extensions to said public systems shall be
provided by the Owner /Developer. A concurrency review shall be
conducted to assure public facilities are available concurrent with
yaw
the impacts of the development.
5. STORMWATER DRAINAGE:
Pursuant to the Storm Water Management Ordinance of Edgewater,
Florida, sufficient areas on the land subject to development will
be utilized for the establishment of detention /retention areas.
Retention areas will be sized to retain the increased run -off due
to site development. The storage volume and discharge rate shall
meet City stormwater requirements.
6. CONSISTENCY OF DEVELOPMENT:
The City agrees to permit the development of this site in the
Now
manner defined by this Development Agreement, the attached or
(agreemnt /anderson.dev)
November 9, 1994 2
r : 3964
. aee: 1716
referenced exhibits, and applicable City ordinances consistent
with, and not contrary to, the terms of this Development Agreement.
The Owner /Developer shall provide any agreements necessary to
assure that the project site is developed consistently with all
such City rules, regulations, restrictions and ordinances in effect
• on the date of the execution of this Development Agreement. The
Owner /Developer are required to obtain construction plan approval
and building permits and all other applicable local, State and
Federal permits to allow construction as provided herein.
7. STATUTORY CONFLICT:
To the extent that there is a conflict between this
Development Agreement and any existing City resolution, regulation
or ordinance, this Development Agreement shall control. However,
"'r the Owner /Developer agree to be bound by all other applicable City
ordinances in effect at the time of execution of this Development
Agreement, not in conflict with the terms of this Development
Agreement. Further, the failure of this Development Agreement to
address a particular permit, condition, term or restriction shall
not relieve the Owner /Developer of the necessity of complying with
the law governing said permitting requirements, conditions, terms
or restrictions.
8. AMENDMENT:
This Development Agreement may be amended or revoked after
!compliance with the public hearing provisions of §163.3225, Florida
Statutes.
9. APPEAL:
If the Owner /Developer is aggrieved by any decision of any
City officer interpreting the terms of this Development Agreement,
the Owner /Developer shall first file a written appeal with the
Secretary to the Land Development and Regulatory Agency (hereafter
LDRA). After receiving the written request, the matter shall be
placed on the next available LDRA agenda after the appeal is
received. If the Owner /Developer is aggrieved by the decision`of
the LDRA, the Owner /Developer shall then appeal to the City
Nor Council. The appeal shall be initiated by the Owner /Developer by
(agreemnt /anderson.dev)
November 9, 1994 3
Poo k:: 3964
• age: 1717
filing a written request with the City Manager for placement of the
issue on the City Council agenda. After receiving the written
request, the City Manager shall place the matter on the next
available City Council agenda after the appeal is received.
10. PERMITTED USES:
The City hereby asserts that the land is suitable in size,
location and character for the use proposed, and that the proposed
use meets the needs of the City and is consistent with the City's
long -range comprehensive plan. Permitted uses are as follows:
(a) One (1) existing single family residence.
(b) Two (2) additional single family residences and
normal amenities.
The requirements of the R -1 Single- Family Residential district
sift, shall be applicable including a maximum building height of thirty -
five (35) feet above finished grade.
11. PERFORMANCE GUARANTEES:
Should the development site be sold to an individual or
corporation, . the purchaser of the site shall be required to develop
the site in compliance with the terms of this Development Agreement
and applicable regulations of the City not inconsistent with, or
contrary to, this Development Agreement.
12. BINDING EFFECT:
The provisions of this Development Agreement, including any
and all supplementing orders and resolutions, and all final site
plans, shall bind and inure to the benefit of the Owner /Developer
or their successors in interest. The provisions of this
Development Agreement and all approved plans shall run with the
land and shall be administered in a manner consistent with the laws
of the State of Florida.
13. RECORDING:
Pursuant to Section 163.3239, Florida Statutes, within
fourteen (14) days after the City enters into the Agreement, the
City shall record the Agreement with the Clerk of the Circuit Court
in Volusia County. A copy of the recorded Development Agreement
shall be submitted to the state land planning agency within
(agreemnt /anderson.dev)
November 9, 1994 4
30k : 3964
1- age : 1718
Diane M. Matousek
Volusia County, Clerk of Court
fourteen (14) days after the Agreement is recorded.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be made and entered into the date and year first written above.
Now
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By ,� — r "ix�.,r - :. _
�' uran .•Wadsworth Jac H. Haym. , Sr.
City 'Clerk : Maycr
! ; '•.: APPROVED FOR FORM & CORRECTNESS:
Kri. to A. Storey
City Attorney
\J24,1;0s• B � e a49
NINNY I. 1 f lvrence Anderson
STATE OF FLORIDA
COUNTY OF VOLUSIA
I hereby certify that on this day, before me, an officer duly
authorized in the State aforesaid and in th County aforesaid to
take acknowledgements, personally appeared FLORENCE ANDERSON, to me
known to be the person described in and who executed the foregoing
instrument, and she acknowledged before me that she executed the
same.
WITNESS my hand and official seal in the County and St to last
aforesaid, this I() day of na f.,,na mp ) , 19 '1&-J .
r . (1 as' ROBIN MATUSICK WOLF
�: • MY COMMISSION / CC280688 EXPIRES
Notary Public
• + , ��' May 1, 1997
State of Florida a „,;•, t gONDEDMAU TROY FAIN ItSURANCE,
My commission expires:
Saar
4 Ray • nd T h. d r
STATE OF FLORIDA
COUNTY OF VOLUSIA
I hereby certify that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgements, personally appeared RAYMOND L. ANDERSON, to
me known to be the person described in and who executed the
foregoing instrument, and he acknowledged before me that he
executed the same.
WITNESS my land and official seal in the County and State last
aforesaid, this (04 day of fr) , 19 l..r
vow
aatit_c )0C4 )
Notary Public
State of Florida at Large
My commission et * s : ROBIN MATUSICK WOLF
( MY COMMISSION A CC280688 EXPIRES
May 1, 1997
''''' BONDED 1NRU TROY FAIN INSURANCE, INC.
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interoffice
M E M O R A N D U M
`orr
to: Mayor and City Council
from: , Sondra M. Pengov, Board Coordinator
subject: Synopsis of Land Development and Regulatory Agency Minutes
date: March 31, 1998
The following is a synopsis of the minutes taken during the March 25, 1998 Land Development
and Regulatory Agency meeting.
NEW BUSINESS
Public Hearing - DA -9403 - Raymond L. Anderson, authorized agent for Florence
Anderson is requesting an amendment to their development agreement for propert
located at 1904 S. Riverside Drive.
Chairman Masso opened the public hearing and inquired whether any of the Board members
„. visited the subject area. Chairman Masso said he had driven by the property.
Chairman Masso then asked for staff comments. Ms. Plaskett brought to the Boards attention
that the background information provided should include information as noted. Ms. Plaskett
said it has been determined that the construction plans had been submitted in a timel manner,
however, they had not been approved. She said the plans were resubmitted in January of 1998
and staff felt it was imperative that the Development Agreement be amended to recognize this.
Ms. Plaskett said the request is for an extension of time and staff suggests the LDRA recommend
approval to the City Council.
Mr. Zeese questioned wh the applicant needs an extension of time. Ms. Plaskett responded that
the original agreement is for five years, however, the duration of the agreement is amended to
reflect an extension of time for approval of the construction plans. She said there is a stipulation
in the Development Agreement that specifies a two y ear period to suppl the construction plans.
Ms. Plaskett stated since the time has lapsed, staff is requesting the time period be extended as
the applicant is read to move forward.
Chairman Masso inquired of the City Attorney whether it was necessary to review all the criteria,
because the are only considering an extension of time. Ms. Cla said the "Draft” amendment
to the Development Agreement only reflects the duration of agreement and the amendment
reflects that all other aspects of the agreement remain in full force and effect.
Mayor and City Council
Page 2
March 31, 1998
Chairman Masso then asked the applicant for his response. As the applicant was not present and
there were no comments from the public, Chairman Masso closed the public hearing, and asked
the Board for a motion.
Mr. Zeese moved to grant the extension, seconded by Mr. Garthwaite. The motion CARRIED
6 -0.
DA -9701 - Luis C. Geil, authorized agent for James C. And Rosemar Carder is
requesting an amendment to their Development Agreement for propert located at the
S.W. corner of Falcon and Ridgewood Avenues.
Chairman Masso opened the public hearing and inquired of the Board members whether an
had visited the subject property. Mr. Zeese, Mr. Garthwaite, Chairman Masso and Mr. Ridner
said the had visited or driven b the property, but had not spoken to an
Chairman Masso then asked for staff comments. Ms. Plaskett said this is also addressing an
extension of time on the development agreement. She said initiall the development agreement
"o..- was for a 23 residential lot subdivision and one commercial lot. Mr. Carder submitted, per
agreement with the former Director of Community Development, plans for an eight lot
subdivision on Falcon Avenue as all infrastructure requirements had been met. The amendment
states the developer shall appl for approval of the final record plat for eight residential lots within
six months of the date of the amendment and shall appl for approval of the preliminar record
plat and construction plans for the fifteen additional residential lots within six months of the date
of the amendment. Ms. Plaskett said in November of 1997 authorization was given to construct
one model home. In conclusion, Ms. Plaskett stated, staff recommends the original
Development Agreement be amended to recognize the change in duration of the agreement, and
all other terms and conditions remain the same.
Chairman Masso then asked the authorized agent for his comments.
Luis C. Geil, 2105 Saxon Drive, New Smyrna Beach - Mr. Geil stated the purpose of
construction on the eight lots is to be able to test the market.
Mr. Zeese questioned whether any construction had been started. Mr. Geil replied one lot has
been started, which will be the model home.
There being no further discussion, Chairman Masso closed the public hearing.
The Cit Attorne questioned the applicant as to whether the time frames were adequate. Mr.
..■.wrr" --� 6 . c
AGENDA REQUEST
C.A. NO.: 98 -050
Date: March 30, 1998
PUBLIC
HEARING 04/06/98 RESOLUTION ORDINANCE
OTHER
CONSENT BUSINESS CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
Public Hearing regarding Development Agreement for All Storage Phase III located at 1904 Hibiscus
Drive.
BACKGROUND:
John R. and Eugenia A. Browning applied for a Development Agreement for All Storage Phase III
located at 1904 Hibiscus Drive. The proposed development will reflect an increase in allowable lot
coverage from B -2 (30 %) to I -1 (42 %) and will be consistent with the Comprehensive Plan provided
the Florida Department of Community Affairs approves the City's comprehensive plan amendments
for a land use change from commercial to industrial.
Pursuant to the Development Agreement, the Developer acknowledges that any construction done
prior to approval by the Department of Community Affairs is at Developer's own risk. If the DCA
does not approve the comprehensive plan amendment, the Developer may be required to remove a
portion of the construction in order to conform to the allowable lot coverage in B -2 of 30 %, the
removal shall be at the Developer's sole cost and expense.
On March 25, 1998, the Land Development and Regulatory Agency approved the attached
Amendment to Development Agreement by a vote of 6 to 0.
RECOMMENDATION /CONCLUSION:
Staff recommends that the City Council consider approval of the Amendment to the Anderson
Development Agreement.
FUNDS AVAILABLE: (ACCOUNT NUMBER)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
• i
Respectfully submitted, Concurrence:
A �" . I - -
Nosy
ikki Clayton yt J. Grace
City Attorney anager
C Y 2 2.424—€ 4 4 --
Lynne P askett
Acting Director of Community Development
NC /rmw
`r►
DEVELOPMENT AGREEMENT
(JOHN R. and EUGENIA BROWNING)
ALL STORAGE - PHASE III
1904 Hibiscus Drive
THIS AGREEMENT made and entered into this day of
, 1998 by and between the CITY OF EDGEWATER, FLORIDA,
a municipal corporation, (hereafter "City "), and JOHN R. and EUGENIA A. BROWNING,
(hereafter "Developer ").
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth
herein and other good and valuable consideration, the parties agree as follows:
1. LEGAL DESCRIPTION AND OWNER
''`► The land subject to this Agreement is located at 1904 Hibiscus Drive, Edgewater, Florida and
is approximately 1.06 acres in size. The legal description of the property is as follows:
Lots 513, 514, 515, 516, 517, 518 and 519, Block 18, Florida Shores
Unit No. 2, Revised Plan, a subdivision according to map thereof
recorded in Map Book 23, Page 103, of the Public Records of Volusia
County, Florida.
2. DURATION OF AGREEMENT
The duration of this Development Agreement shall be one (1) year from the date of
execution. However, the Developer shall apply for site plan approval for all improvements no later
than six (6) months from the date of execution of this Agreement. The site /construction plans must
Ntiny
be approved by the City Engineer, Fire Rescue Department and the Building Department prior to the
commencement of work. Construction shall be completed no later than one (1) year after issuance
of the building permit. Developer may request and the City may grant extensions of the time for
completion in accordance with applicable regulations.
3. DEVELOPMENT USES PERMITTED
The land subject to this Agreement shall be developed in accordance with the January 9, 1998
conceptual plan prepared by Leete and Leete Architects and Planners and Geil Development
Services, Inc. of Edgewater, Florida, reflecting the increase in allowable lot coverage from thirty
percent (30 %) to forty -two percent (42 %), a copy of which is attached hereto and incorporated by
(Ag reemnt/Development- Browning)
March 30, 1998 1
reference as Exhibit A.
The Developer shall be responsible for the engineering, permitting and construction of all
improvements, including all costs associated herewith. Design and installation of the improvements
shall be subject to approval by the City. The Developer shall allow no construction of electrical
outlets within the individual units.
4. FUTURE LAND USE AND ZONING DESIGNATION
The subject property is designated Commercial on the City's Future Land Use Map and is
zoned B -2, Neighborhood Business District.
5. CONSISTENCY OF DEVELOPMENT:
It has been determined that the development proposed in this Agreement will be consistent
with the Edgewater Comprehensive Plan and the Land Development Code of the City of Edgewater,
',,,,, Florida provided that the Florida Department of Community Affairs concurs with the City's
proposed land use of I -1 and the B -2 zoning is changed to conform to the land use I -1.
Developer acknowledges that any development constructed on the property prior to
concurrence by the Department of Community Affairs shall be at the risk of Developer. It is
understood by Developer that failure to obtain Department of Community Affairs' approval of the
I -1 land use as proposed by the City for this property may result in the requirement that Developer
remove a portion of construction in order to conform to the allowable lot coverage in B -2 of thirty
percent (30 %) which removal shall be at Developer's sole cost and expense.
6. DEVELOPMENT REOUIREMENTS
Now
Failure to enumerate in this Agreement the requirement to obtain or comply with a particular
permit, condition, term or restriction shall not relieve the Developer of the necessity of complying
with all applicable permitting requirements, conditions, terms or restrictions, and any matter or thing
required to be done under the existing ordinances of the City and other agencies with jurisdiction.
7. PERMITS REQUIRED
All development permits shall be obtained at the sole cost of the Developer and, in the event
that any such local development permits are not received, no further development of the property
shall be allowed until such time as Developer has obtained the required permit or a waiver,
exemption or modification of such required permit. Developer may request review by the City
(Ag reemnt/Development- Browning )
March 30, 1998 2
Council of any requirement, waiver, exemption or modification as appropriate. The City Council
shall follow procedures contained in its Land Development Regulations in considering such request.
41 " 8. AMENDMENT:
This Development Agreement may not be amended or revoked until the public hearing
provisions of § 163.3225, Florida Statutes have been fulfilled.
9. APPEAL:
If the Owner/Developer is aggrieved by any decision of any City officer interpreting the terms
of this Agreement, the Developer shall first file a written appeal with the Secretary to the Land
Development and Regulatory Agency (hereafter LDRA). After receiving the written request, the
matter shall be placed on the next available LDRA agenda after the appeal is received. If the
Developer is aggrieved by the decision of the LDRA, the Developer shall then appeal to the City
`410, Council. The appeal shall be initiated by the Developer by filing a written request with the City
Manager for placement of the issue on the City Council agenda. After receiving the written request,
the City Manager shall place the matter on the next available City Council agenda after the appeal
is received. The decision by the City Council shall be in writing and shall be final as to the subject
matter of the appeal.
10. PERFORMANCE GUARANTEES:
Should the development site be sold to an individual or corporation, the purchaser of the site
shall be required to develop the site in compliance with the terms of this Development Agreement
and applicable regulations of the City.
w "' 11. BINDING EFFECT:
The provisions of this Development Agreement, including any and all supplementing orders
and resolutions, and all final site plans, shall run with the land and shall bind and inure to the benefit
of the Owner/Developer, their successors and assigns. This Agreement shall be administered in a
manner consistent with the laws of the State of Florida.
12. RECORDING:
Pursuant to Section 163.3239, Florida Statutes, within fourteen (14) days after the City enters
into the Agreement, the City shall record the Agreement with the Clerk of the Circuit Court in
Volusia County. The cost of such recording shall be paid by the Developer. A copy of the recorded
(Ag reemnt/Development- Browning)
March 30, 1998 3
Development Agreement shall be submitted to the state land planning agency within fourteen (14)
days after the Agreement is recorded. In addition, Section 163.3239, Florida Statutes, provides that
%Iv this Agreement shall not be effective until it is properly recorded and until thirty (30) days after
having been received by the state land planning agency.
13. PERIODIC REVIEW
The City shall review the development subject to this Agreement every twelve (12) months,
commencing twelve (12) months after the effective date of the Agreement to determine if there has
been good faith compliance with the terms of the Agreement. If the City finds on the basis of
competent substantial evidence that there has been a failure to comply with the terms of this
Agreement, the Agreement may be revoked or modified by the City. Any action by the City shall
be subject to prior notice to the Developer and an opportunity to be heard.
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered
into the date and year first written above.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Randy G. Allman
City Clerk Mayor
w
APPROVED FOR FORM
AND CORRECTNESS:
Nikki Clayton
City Attorney
(Ag reemnt/Development- Browning )
March 30, 1998 4
ivr
John R. Browning
STATE OF FLORIDA
COUNTY OF VOLUSIA
I hereby certify that on this day, before me, an officer duly authorized in the State aforesaid
and in the County aforesaid to take acknowledgments, personally appeared JOHN R. BROWNING,
to me known to be the person described in and who executed the foregoing instrument, and she
acknowledged before me that she executed the same.
WITNESS my hand and official seal in the County and State last aforesaid, this day
of ,19
Notary Public
State of Florida at Large
My commission expires:
Eugenia A. Browning
STATE OF FLORIDA
COUNTY OF VOLUSIA
I hereby certify that on this day, before me, an officer duly authorized in the State aforesaid
r and in the County aforesaid to take acknowledgments, personally appeared EUGENIA A.
BROWNING, to me known to be the person described in and who executed the foregoing
instrument, and he acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid, this day
of ,19
Notary Public
State of Florida at Large
My commission expires:
Nifty
(Agreemnt/Development-Browning)
March 30, 1998 5
Mayor and City Council
Page 3
March 31, 1998
*low Geil responded, y es the were acceptable.
After brief discussion regarding lot sizes, Chairman Masso asked for a motion.
Mr. Garthwaite moved to recommend the amended Development Agreement to the Cit Council,
seconded b Mr. Ridner. The motion CARRIED 6 -0.
DA -9801 - Luis C. Geil, authorized agent for John and Eugenia Browning is requesting a
Development Agreement for property located at 1904 Hibiscus Drive.
Chairman Masso opened the public hearing and asked if an of the Board had visited the subject
propert Mr. Zeese had visited, but did not speak with an
Chairman Masso then asked staff for their comments. Ms. Plaskett passed pictures of the
propert for those not familiar with it. Ms. Plaskett said Mr. Browning has developed a mini -
warehouse of which the approved site plan called for three phases, with Phases I and II being
complete. The Phase III slab was poured in contemplation that the area of Hibiscus and Guava
%ow Drives were to be rezoned I - 1, Light Industrial, which permits lot coverage of up to 42% versus
30% in the B - district. Ms. Plaskett further explained Mr. Browning was informed that the
Department of Communit Affairs (DCA) has been the result of the "hold up" to the zoning
change. Ms. Plaskett said staff is working on the comments received from DCA, however, it is
not known when or if the request will be approved. To be consistent with past practices, the
previous Director of Communit Development requested a development agreement be submitted
in this case. She concluded sa staff recommends the LDRA consider a recommendation to
the Cit Council for approval of the Development Agreement.
Ms. Plaskett asked if the Board would hear the Cit Attorne issues as changes to the agreement
ma be required. Ms. Cla said her concern has to do with the adjustment to the lot area
coverage. This is permissible under I -1 zoning, but not under the existing B -2 zoning. Ms.
Cla said she asked Ms. Plaskett whether it would be appropriate to ask the developer to wait
until the Cit received approval from DCA or whether to grant the developer approval to proceed
with his development and ask the developer to assume the risk in proceeding prior to DCA's
approval. Ms. Cla said her tendenc in similar situations is to encourage development where
ever understands the risks involved, opposed to stopping ever She explained there Naimr alread some development to this parcel and the coverage alread exists. Ms. Cla said rather
than asking the developer to remove an or inconvenience him economicall b making him
wait, she has tried to find the middle ground where the developer can proceed and y et assume the
risk if DCA does not approve the Cit plan.
Mayor and City Council
Page 4
March 31, 1998
rr► Chairman Masso asked if DCA does not approve and the Board allows the developer to "go
ahead ", what are the consequences? Ms. Cla said the developer could appl for a variance to
the lot coverage so the Cit would permit him to retain the development as constructed with a
higher than normal lot coverage permitted under B -2 (30 %), or the developer would have to
remove the 12% lot coverage that exceeds what is allowed under B -2. She said it is up to the
developer as to how he would proceed.
Ms. Agrusa questioned wh the slab was allowed. Ms. Plaskett said, he had a permit for Phase II
and poured the slab without permits in Phase III. However, the slab was inspected because it was
all part of one large building. It was later determined a separate permit was required. Ms. Agrusa
expressed her dissatisfaction with the fact the slab was allowed to remain. Ms. Cla replied
this was a mistake and it was not an intentional violation of the construction peimitting. Ms.
Plaskett stated that lot coverage has to do with building coverage and there is no building, just a
slab.
Mr. Garthwaite asked if DCA doesn't approve the I -1 zoning, ma we are compounding the
problem. Ms. Cla said the Cit long range development plan is that this area become
industrial in nature.
Mr. Zeese asked if the developer agrees to the risk involved.
Luis Geil, again introduced himself, and said the slab was approved b the department heads and
a building permit was pulled with the agreement, if there was no rezoning, the slab would remain
as a parking area. He also said the developer is aware of the risks.
Chairman Masso asked for comments from the public.
Ra Schambora, 1915 Juniper Drive, expressed his objection to the project as it is near the R -1,
Residential district.
There being no additional comments Chairman Masso closed the public hearing.
Ms. Agrusa suggested the criteria be addressed. Chairman Masso then asked for the criteria to be
read into the minutes. Ms. Cla read the criteria with detailed explanations for each. Ms.
N '"" Cla said criteria five will state the development will be consistent, provided that the
Department of Community Affairs concurs with the Cit proposed land use of I -1 zoning and
asks the developer to acknowledge an development constructed on the propert prior to
concurrence b the Department of Community Affairs will be at the developers risk, being
understood b the developer that the failure to obtain approval, could result in the requirement,
Mayor and City Council
Page 5
March 31, 1998
Now that the developer remove a portion of the construction in order to conform to the allowable lot
coverage in B -2 of 30 %. This removal would be at the developers sole cost and expense. Ms.
Cla informed the Board, at this time, that she was reading from a new "Draft" agreement she
felt necessary based on her review of the documents. She said she felt this was necessary to
protect the Board if the wanted a favorable motion. The Consistency of Development criteria
was also changed to reflect DCA's concurrence.
There was added discussion concerning a written agreement from the developer that he agrees to
the risk. Also, discussion was had regarding what can be clone to prevent construction without a
permit.
Chairman Masso asked the Board for a motion. Mr. Zeese moved to accept staffs approval and
recommend approval to the City Council, seconded b Mr. Ridner. The motion CARRIED 6 -0.
S of Minutes respectfully submitted b
w Sondra M. Pengov, Board Coordinator
Land Development and Regulatory Agency
:smp
\ld m \minutes\s -25 -98
`rllrr'
ti 6 t tJ • AGENDA REQUEST
C.A. NO.: 98 -048
Date: March 30, 1998
PUBLIC
HEARING 04/06/98 RESOLUTION ORDINANCE
OTHER
CONSENT BUSINESS CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
Public Hearing regarding request of James C. and Rosemary Carder for an amendment to
Development Agreement on Pelican Cove West Phase II.
BACKGROUND:
James C. and Rosemary Carder have requested the amendment to extend the period of time in which
to apply for final plat approval on 8 lots of Falcon Avenue and for preliminary plat approval on 15
residential lots and 1 commercial lot.
On March 25, 1998, the Land Development and Regulatory Agency approved the attached
Amendment to Development Agreement by a vote of 6 to 0.
RECOMMENDATION /CONCLUSION:
Staff recommends that the City Council consider approval of the Amendment to the Pelican Cove
West Phase II Development Agreement.
FUNDS AVAILABLE: (ACCOUNT NUMBER)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
Respectfully submitted, Concurrence:
Nikki Clayton
evui Grace
City Attorney y Manager
Lynne ' askett
Acting Director of Community Development
NC /rmw
AMENDMENT TO
PELICAN COVE WEST II
DEVELOPMENT AGREEMENT
THIS AMENDMENT TO THE DEVELOPMENT AGREEMENT made and entered into
this day of , 1998, by and between the CITY OF EDGEWATER, FLORIDA,
a municipal corporation, (hereinafter "City") and JAMES C. CARDER and ROSEMARY
CARDER, (hereinafter 'Developer").
WHEREAS, Developer has requested an extension to the term of the Development
Agreement to allow additional time within which to apply for final plat approval of eight (8) lots on
Falcon Avenue and for preliminary plat approval for fifteen (15) residential lots and one (1)
commercial lot;
WITNESSETH, that the parties have agreed to amend that certain Development Agreement
''fir
dated June 27, 1997, 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 five (5) years from the date of this
Amendment. Developer shall apply for approval of the final record
plat for eight (8) residential lots located on Falcon Avenue within six
(6) months of the date of this Amendment and shall apply for
approval of the preliminary record plat and construction plans for the
fifteen (15) additional residential lots within six (6) months of the
date of this Amendment. Developer shall apply for approval of the
site plan for commercial use on the twenty -fourth (24 lot within one
(1) year from the date of this Amendment. These construction plans
must be approved by the City Engineer and the Director of
Community Development prior to the commencement of work
Now
2. In all other respects, the terms and conditions of that certain Development Agreement dated
June 27, 1997, shall remain in full force and effect.
Itaw
(Agreemnt/D evelopment- PelicanII- Amend# 1) 1
'rw 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.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Randy G. Allman
City Clerk Mayor
APPROVED FOR FORM
Now AND CORRECTNESS:
Nikki Clayton
City Attorney
%a•
(Agreemnt/Development- PelicanII- Amend #1) 2
DEVELOPER
Witness James C. Carder
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 JAMES C. CARDER, who is
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 , 1998.
(Seal/Stamp) Notary Public
(Commission Expiration Date) State of Florida at Large
Witness Rosemary Carder
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 ROSEMARY CARDER, 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 , 1998.
(Seal/Stamp) Notary Public
(Commission Expiration Date) State of Florida at Large
w
(Agreemnt/Development- PelicanII- Amend #1) 3
U1flUJiyT1 1J:J1 e j
• Instrument # 97113372 `
Book = 4217
Page: 30
PELICAN COVE WEST II
DEVELOPMENT AGREEMENT
THIS AGREEMENT made and entered into this Z r
7 day of { , 1997,
by and between the CITY OF EDGEWATER, FLORIDA, a municipal corporation, (hereafter
"City "), and JAMES C. CARDER and ROSEMARY CARDER, (hereafter "Developer ").
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth
herein and other good and valuable consideration, the parties agree as follows:
1. LEGAL DESCRIPTION AND OWNER
The land subject to this Agreement is a 5.90 acre parcel located at the southwest corner of
the intersection of Falcon Avenue and US Highway 1 and is further described as follows:
A portion of Lots 14 and 15, Highway Subdivision, as shown on map
recorded in Map Book 8, Page 222 of the Public Records of Volusia
County, Florida, together with a portion of the Northwest quarter
(1/4) of the Northeast quarter (1/4) of Section 2, Township 18 South,
Range 34 East, Volusia County, Florida, being more particularly
described as follows:
Commence at the Southwest corner of U. S. Lot 5, Section 2,
Township 18 South, Range 34 East; thence North 89 degrees 47
minutes 15 seconds East a distance of 150.00 feet to the POINT OF
BEGINNING: thence along the East and South lines of Falcon
Avenue the following courses: North 0 degrees 00 minutes 00
seconds East, a distance of 33.49 feet to the point of curvature of a
tangent curve, concave to the Southeast, having a radius of 75.00 feet
and a central angle of 90 degrees 00 minutes 00 seconds; thence
Northeast along said curve, a distance of 117.81 feet to the point of
tangency of said curve; thence North 90 degrees 00 minutes 00
seconds East, a distance of 371.50 feet to the point of curvature of a
tangent curve, concave to the Southwest, having a radius of 45.00 feet
and a central angle of 63 degrees 18 minutes 49 seconds; thence
Southeast along said curve, a distance of 49.73 feet to the point of
tangency of said curve said point being on the Westerly line of U. S.
Highway No. 1; thence South 26 degrees 41 minutes 11 seconds East
along the said Westerly line of U. S. Highway No. 1, a distance of
301.60 feet; thence departing said Westerly line of U. S. Highway No.
1, South 64 degrees 12 minutes 49 seconds West, a distance of 679.40
feet; thence North 41 degrees 16 minutes 56 seconds West, a distance
of 99.20 feet to the point of curvature of a non - tangent curve,
concave to the Northwest, having a radius of 125.00 feet, a central
angle of 55 degrees 57 minutes 57 seconds and a chord of 117.30 feet
bearing North 27 degrees 58 minutes 58 seconds East said point being
in the East line of Falcon Avenue aforesaid; thence Northeast along
said curve, a distance of 122.10 feet; thence North 0 degrees 00
minutes 00 seconds West, a distance of 303.19 feet to the POINT OF
BEGINNING; said described tract containing 5.90 acres, more or
less.
(Agreen ntldev pel)
June 26, 1997 -1-
. j.I LJ LJ h w '"t
Page: 31
2. DURATION OF AGREEMENT
The duration of this Development Agreement shall be five (5) years from the date of this
Agreement. The date of this Agreement shall mean the date the Agreement was approved by the City
Council. The Developer shall apply for approval of the preliminary record plat and construction
plans for the twenty -three (23) residential lots within six (6) months of the date of this Development
Agreement and shall apply for approval of the site plan for the commercial use on the twenty -fourth
(24t lot within one (1) year of the date of this Agreement. These construction plans must be
approved by the City Engineer and the Director of Community Development prior to the
commencement of work.
3. DEVELOPMENT USES PERMITTED
41110, The land subject to this Agreement shall be developed in accordance with the May 2, 1997
conceptual plan for Pelican Cove West II prepared by Geil Development Services, Inc., a copy of
which is attached hereto and incorporated by reference as Exhibit A.
Building envelopes for the twenty -three (23) home sites shown on the conceptual plan
represent the maximum building envelopes that will be permitted. The actual location of structures
within the envelopes may vary, but the location of the building envelopes shall not be shifted. The
lots on the conceptual plan will be sold individually or in groups of lots as shown. The Developer
shall not sell portions of lots, only full lots shall be sold.
Developer will plant seven (7) indigenous hardwood trees measuring at least four (4) inch
Nay caliper six (6) inches above the soil line prior to obtaining a Certificate of Occupancy for any home
constructed on the twenty -three (23) residential lots.
4. FUTURE LAND USE AND ZONING DESIGNATION
The subject property is currently designated as Commercial on the City's Future Land Use
Map and zoned B -3, Highway Service Business District. Pursuant to the application for this
Development Agreement, the Developer has requested that single- family homes be permitted on lots
of a minimum of five thousand (5,000) square feet utilizing a zero lot line concept instead of the eight
thousand two hundred fifty (8,250) square foot lot size that is required under the B -3 zoning
regulations. In conjunction with the reduction in lot size, the Developer has requested that the
Nor
(Agreemntldev pel)
June 26, 1997 -2-
Hook
• Page: 32
following minimum yard sizes be established: front yard of twenty (20) feet instead of the required
thirty (30) feet; interior side yard (other than the zero lot line) of ten (10) feet ; side yard on a corner
lot of twenty (20) feet instead of the required twenty -five (25) feet; and rear yard of fifteen (15) feet
instead of the required twenty (20) feet. In addition, the Developer is requesting that the minimum
right -of -way width be reduced from fifty (50) feet to forty (40) feet.
Pursuant to the other provisions of this Agreement, the Developer is hereby granted approval
to construct twenty -three (23) single- family homes on lots with a minimum of five thousand (5,000)
square feet, minimum front yards of twenty (20) feet, minimum interior side yards (other than the
zero lot line) of five (5) feet, minimum side yards on a corner lot of twenty (20) feet, and minimum
rear yards of fifteen (15) feet. In addition, the Developer is granted approval for a minimum right-
of-way width of forty (40) feet. .
The Developer agrees that if the subject property is not developed in accordance with this
Agreement, the property shall be developed pursuant to the requirements of the B -3, Highway
Business Service District.
5. PUBLIC FACILITIES
Developer will provide all public facilities to support this project including water, wastewater,
reuse lines and the proposed roadway shown on the conceptual plan. The Developer shall pay for
applicable water and wastewater impact fees on any structure when building permits are obtained.
A concurrency review shall be conducted to assure public facilities are available concurrent
with the impacts of the development.
84.•
6. DEDICATION OF LAND FOR PUBLIC PURPOSES
Pursuant to the final record plat, the Developer shall dedicate to the public the water,
wastewater, and reuse systems, roadways and associated drainage contained within the Pelican Cove
West II subdivision . However, the Developer shall not dedicate and the City will not accept the
stormwater management system shown on the conceptual plan which is designed to accept and treat
stormwater from the proposed home sites and commercial development.
Noy
(Agreemntldev pel)
June 26, 1997 -3-
bOC IK = 4Z1•1
Page _ 33
7. PERMITS REQUIRED
'0 `" Upon development of the property described above, Developer shall be required to obtain the
following local development permits: City of Edgewater site plan approval, preliminary record plat
approval, construction plan approval, final record plat approval, and construction permits; and
Department of Environmental Protection and St. John's River Water Management District
stormwater permits. All local development permits shall be obtained at the sole cost of the Developer
and, in the event that any such local development permits are not received, no further development
of the property shall be allowed until such time as the City Council has reviewed the matter and
determined whether or not to terminate this Agreement or modify it in a manner consistent with the
public interest and the Edgewater Comprehensive Plan.
Now
8. CONSISTENCY OF DEVELOPMENT
The City Council hereby determines that the development proposed in this Agreement is
consistent with the Edgewater Comprehensive Plan and the Land Development Code of the City of
Edgewater, Florida.
9. DEVELOPMENT REQUIREMENTS
Failure of this Agreement to address a particular permit, condition, term or restriction shall
not relieve the Developer of the necessity of complying with those permitting requirements,
conditions, terms or restrictions, and any matter or thing required to be done under the existing
ordinances of the City shall not be otherwise amended, modified or waived unless such modification,
amendment or waiver is expressly provided for in this Agreement with specific reference to the
ordinance provisions so waived.
10. AMENDMENT
This Development Agreement may be amended or revoked after compliance with the public
hearing provisions of §163.3225, Florida Statutes.
11. APPEAL
If the Developer is aggrieved by any decision of any City officer interpreting the terms of this
Agreement, the Developer shall first file a written appeal with the Secretary to the Land Development
and Regulatory Agency (hereafter LDRA). After receiving the written request, the matter shall be
Now
(Agreemntldev pel)
June 26, 1997 -4-
• Page: 34
•
placed on the next available LDRA agenda after the appeal is received. If the Developer is aggrieved
by the decision of the LDRA, the Developer shall then appeal to the City Council. The appeal shall
be initiated by the Developer by filing a written request with the City Manager for placement of the
issue on the City Council agenda. After receiving the written request, the City Manager shall place
the matter on the next available City Council agenda after the appeal is received.
12. PERFORMANCE GUARANTEES
Should the development site be sold to an individual or corporation, the purchaser of the site
shall be required to develop the site in compliance with the terms of this Development Agreement and
applicable regulations of the City not inconsistent with, or contrary to, this Development Agreement.
13. BINDING EFFECT
The provisions of this Development Agreement, including any and all supplemental orders and
Nftw
resolutions, and all final site plans, shall bind and inure to the benefit of the Developer or their
successors in interest. The provisions of this Development Agreement and all approved plans shall
run with the land and shall be administered in a manner consistent with the laws of the State of
Florida.
14. RECORDING
Pursuant to Section 163.3239, Florida Statutes, within fourteen (14) days after the City enters
into the Agreement, the City shall record the Agreement with the Clerk of the Circuit Court in
Volusia County. The cost of such recording shall be paid by the Developer. A copy of the recorded
Development Agreement shall be submitted to the state land planning agency within fourteen (14)
Nay
days after the Agreement is recorded. In addition, Section 163.3239, Florida Statutes provides that
this Agreement shall not be effective until it is properly recorded and until thirty (30) days after
having been received by the state land planning agency.
15. PERIODIC REVIEW
The City shall review the development subject to this Agreement every twelve (12) months,
commencing twelve (12) months after the effective date of the Agreement to determine if there has
been good faith compliance with the terms of the Agreement. If the City finds on the basis of
competent substantial evidence that there has been a failure to comply with the terms of this
Agreement, the Agreement may be revoked or modified by the City.
Nor
(Agreemntldev pel)
June 26, 1997 -5-
VUUK;
• Page= = 35
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered
into the date and year first written above.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
14, 1 /
��• _` , - ;, . By: ; r
- : Susan J, a sAworth Jack H. Haym n, Sr.
City Clergy -" " Mayor
1c •
APPROVED FOR FORM &
CORRECTNESS:
, , i :�
Krist A. Storey 1
City Attorney
DEVELOPER
te ,
ness ames C. Carder
fitness
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 JAMES C. CARDER, who is
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 ,,., , 1997.
(Seal/Stamp) Notary Public
(Commission Expiration Date) State of Florida at Large
; }^" °' Cecile L. McConchle
!) :.: MY COMMISSION N CC619339 EXPIRES
February 5, 2001
q n „ Z BONDED THRU TROY FAIN INSURANCE, INC
N
(Agreemntldev pel)
June 26, 1997 -6-
• tMuu K - 42i f
• • Page= 36
Diane M. Matousek
Volusia County, Clerk of Court
Agy P
Witnes Rosemary Carder
6 4 --.7'1_} (1
iiness
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 ROSEMARY CARDER, who is
personally known to me or who produced as identification and
Ntemy
who executed the foregoing instrument and acknowledged before me that she executed the same.
WITNESS my hand and official seal in e County and State last aforesaid this .A'- day
of , 1997.
. •-NN1
(Seal/Stamp) Notary Public
(Commission Expiration Date) State of Florida at Large
40 Cecile L. McConchie
!r.∎ ,1. MY COMMISSION N CC619339 EXPIRES
F e b ruary 5 , 200
or pe BONDED TNRU TROY FAIN INSURANCE, INC
(Agreemntldev pel)
June 26, 1997 -7-
Mayor and City Council
Page 2
March 31, 1998
ti.. Chairman Masso then asked the applicant for his response. As the applicant was not present and
there were no comments from the public, Chairman Masso closed the public hearing, and asked
the Board for a motion.
Mr. Zeese moved to grant the extension, seconded b Mr. Garthwaite. The motion CARRIED
6 -0.
DA -9701 - Luis C. Geil, authorized agent for James C. And Rosemary Carder is
requesting an amendment to their Development Agreement for property located at the
S.W. corner of Falcon and Ridgewood Avenues.
Chairman Masso opened the public hearing and inquired of the Board members whether anyone
had visited the subject property. Mr. Zeese, Mr. Garthwaite, Chairman Masso and Mr. Ridner
said they had visited or driven by the property, but had not spoken to anyone.
Chairman Masso then asked for staff comments. Ms. Plaskett said this is also addressing an
extension of time on the development agreement. She said initially the development agreement
was for a 23 residential lot subdivision and one commercial lot. Mr. Carder submitted, per
agreement with the former Director of Community Development, plans for an eight lot
subdivision on Falcon Avenue as all infrastructure requirements had been met. The amendment
states the developer shall apply for approval of the final record plat for eight residential lots within
six months of the date of the amendment and shall apply for approval of the preliminary record
plat and construction plans for the fifteen additional residential lots within six months of the date
of the amendment. Ms. Plaskett said in November of 1997 authorization was given to construct
one model home. In conclusion, Ms. Plaskett stated, staff recommends the original
Development Agreement be amended to recognize the change in duration of the agreement, and
all other terms and conditions remain the same.
Chairman Masso then asked the authorized agent for his comments.
Luis C. Geil, 2105 Saxon Drive, New Smyrna Beach - Mr. Geil stated the purpose of
construction on the eight lots is to be able to test the market.
Mr. Zeese questioned whether any construction had been started. Mr. Geil replied one lot has
Star been started, which will be the model home.
There being no further discussion, Chairman Masso closed the public hearing.
The Cit Attorne questioned the applicant as to whether the time frames were adequate. Mr.
Mayor and City Council
Page 3
March 31, 1998
tew Geil responded, y es the were acceptable.
After brief discussion regarding lot sizes, Chairman Masso asked for a motion.
Mr. Garthwaite moved to recommend the amended Development Agreement to the Cit Council,
seconded b Mr. Ridner. The motion CARRIED 6 - 0.
DA - 9801 - Luis C. Geil, authorized agent for John and Eugenia Browning is requesting a
Development Agreement for propert located at 1904 Hibiscus Drive.
Chairman Masso opened the public hearing and asked if an of the Board had visited the subject
propert Mr. Zeese had visited, but did not speak with an
Chairman Masso then asked staff for their comments. Ms. Plaskett passed pictures of the
propert for those not familiar with it. Ms. Plaskett said Mr. Browning has developed a mini -
warehouse of which the approved site plan called for three phases, with Phases I and II being
complete. The Phase III slab was poured in contemplation that the area of Hibiscus and Guava
err Drives were to be rezoned I - 1, Light Industrial, which permits lot coverage of up to 42% versus
30% in the B -2 district. Ms. Plaskett further explained Mr. Browning was informed that the
Department of Communit Affairs (DCA) has been the result of the "hold up" to the zoning
change. Ms. Plaskett said staff is working on the comments received from DCA, however, it is
not known when or if the request will be approved. To be consistent with past practices, the
previous Director of Communit Development requested a development agreement be submitted
in this case. She concluded sa staff recommends the LDRA consider a recommendation to
the Cit Council for approval of the Development Agreement.
Ms. Plaskett asked if the Board would hear the Cit Attorne issues as changes to the agreement
ma be required. Ms. Cla said her concern has to do with the adjustment to the lot area
coverage. This is permissible under I -1 zoning, but not under the existing B - zoning. Ms.
Cla said she asked Ms. Plaskett whether it would be appropriate to ask the developer to wait
until the Cit received approval from DCA or whether to grant the developer approval to proceed
with his development and ask the developer to assume the risk in proceeding prior to DCA's
approval. Ms. Cla said her tendenc in similar situations is to encourage development where
ever understands the risks involved, opposed to stopping ever She explained there is
Now alread some development to this parcel and the coverage alread exists. Ms. Cla said rather
than asking the developer to remove an or inconvenience him economicall b making him
wait, she has tried to find the middle ground where the developer can proceed and y et assume the
risk if DCA does not approve the Cit plan.
7, A.
AGENDA REQUEST
DATE: ,ftsr- ITEM DESCRIPTION /SUBJECT : The Department of Fire /Rescue requests
authorization to make a budgeted purchase of 7 sets of Firefighter's Turnout Gear
BACKGROUND: The 7 sets of turnout gear will replace gear that has become
deteriorated from normal use. The firefighters' are required to utilize this N.F.P.A.
approved gear any time they are performing emergency hazardous operations at
emergency incidents i.e. fire suppression, rescues, confined space operations, and
extrications'. The gear would be purchased from Safety Equipment Company. The
Safety Equipment Company currently has a contract with the City of Orlando
(RFP97 -323) that we can piggyback. The cost will be $5,580.00.
RECOMMENDATION /CONCLUSION: Recommend approval for the purchase of 7
sets of turnout gear from Safety Equipment Company for the amount of $5,580.00.
FUNDING SOURCE: THIS IS A BUDGETED ITEM, APPROVED BY THE
CITY COUNCIL, IN LINE ITEM
ACCOUNT 10522.52341 & 53520
Now
PREVIOUS AGENDA ITEM: YES NO XX
Resp ctfully submi , z-V-I -
Tra / T. Barlow, Acting Chief
Edgewater Fire /Rescue
Concurrence:
��_
,vin Grace, City Manager
r
4,.,„„4.4 6 C rn OF QRJNDo
4„:„.,,,,
v July 8 1997 C p,. y ... :
Safety Equipment Company
irl..i
6852 Hanging Moss Road
Orlando, FL 32807
ATTENTION: Michael K. Botet, Branch Manager
SUBJECT: Request for Proposal for Purchase of Omega Firefighter's Turnout Gear
RFP97 -323
Dear Mr. Botet:
This letter confirms the City of Orlando's intent to award your company the Contract for the
Purchase of the Omega Firefighter's Turnout Gear. Please be aware that the award is subject
to City Council approval of the 1997 - 1998 Budget on September 29., 1997.
The Office of Management and Budget assures this Office that included in the budget is a line
Ner item to pay for the purchase of the turnout gear. If approved, funding will be available on
October 1, 1997.
Please indicate your acceptance by executing the acceptance portion below.
Your earliest attention is appreciated. •
Sincerely,
/L' --
vin Walsh ACCEPTANCE
ssistant Director .-3
By: , ✓
Signature
KW /MLN /dl
�' ) 7-t_, 4,
Title
,......,
- 74 7
• . . ,
OFFICE OF PURCHASING AND MATERIALS MANAGEMENT
CITY HALL • 400 SOUTH ORANGE AVENUE • ORLANDO, FLORIDA 32801 -3302
PHONE (407) 246 -2291 • FAX (407) 246 - 2869 • http: / /www.ci.orlando.fl .us
RFP97 -323
Addendum Number One
June 3, 1997
COST PROPOSAL
The rates guaranteed to the City by the Contractor for the initial Contract period as outlined
below:
Initial Purchase:
UNIT PRICE TOTAL
1. 326 Ea. Bunker Coats $ L1 ri U• 0 O $ /63 ). a o• O 0
2. 326 Ea. Trousers $ g2 .60 $ <
TOTAL $ a L i 7, 103 - v 0
3. Any Bunker Gear in addition to the original purchase will be purchased at the following prices
during the initial thirty -six month period:
Bunker Coats $ 5 U • O each
Trousers $ 3 30 • 0 0 each
4. Each proposer must submit with his proposal a manufacturer's price list for components of
bunker gear and guarantee's that the City shall receive Co % discount off of list.
NOTE 1: When the Orlando Fire Department orders Turnout Gear, the Contractor must meet
the following turn around time:
0 to 200 - 2 months to complete order
201 to 400 - 3 to 4 months to complete order
•
• A .0. flu •'. I.._ •
_..• " t " ! . 111 " t. tt e e tt ,e e r, - e 9 • r
Page 5 of 7
RFP97 -323 ..
STATE OF ' 4. CIZOki
COUNTY OF 2 /
Alf , The foregoing instrument was acknow •dged •efore me s 7 day of
T + A.49
4 • and C--- , as the
/ , - �� = 0 a , d , respectiv=
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1 / I •
(are) e ra -. ally known to me or (has) (have) p -
(Type of Identification *)
as identification and (did) (did not) take an oath.
r
WITNESS my hand and official seal this / day of
''rw• / • ,t , 19 9'7 . • i
/ ice - 4 '
(SEAL) signat re of •erso T= in. j _ gment
i
. `(VC AK /
Typed, Print-. or Stamped Name of Person Taking
Ackn• led. -nt
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II`'"=`" "y '�" °v.^ 1I G Title /Rank of P on Taking Acknowledgment
*Acceptable Form of ID pursuant to Florida Statute 117.05 (provided it is current or has
been issued within the past 5 years and bears a serial or other identifying number):
• a driver's license or non - driver's ID card issued by Florida or any other U.S.
state or U.S. territory;
• a U.S. passport or a foreign passport stamped by the U.S. Immigration and
Naturalization Service;
• a U.S. military ID card;
• a Canadian or Mexican driver's license issued by an official agency;
. - , -.,.e - : +x.: ;,1 s • • - , -'- •.. _ - •. • the Florida Department of
STD - AGREEMENT -RFP ANNUAL CONTRACT - •
PROFESSIONAL SERVICES Page 10 of 10 •
RFP97 -323
I. Any litigation arising out of this Agreement shall be had in the Courts of Orange
N,, County, Florida.
J. The undersigned hereby certify that this Agreement is made without prior
understanding, agreement or connection with any corporation, firm or pers:.n who
submitted bids for the Work covered by this Agreement and is in all respects fair
and without collusion or fraud. As to Contractor, the undersigned hereby warrants
and certifies that he/she is authorized to enter into this Agreement and to execute
same on behalf of the Contractor as the act of the said Contractor.
K. This Agreement, including Exhibits "A" and "B ", contains all the terms and
conditions agreed upon by the parties. No other agreements, oral or otherwise,
regarding the subject matter of this Agreement shall be deemed to exist or to bind
either party hereto.
stow
STD-AGREEMENT-REP ANNUAL CONTRACT -
PROFESSIONAL SERVICES Page 8 of 10
3/97 REV .3 g
RFP97 -323
Addendum Number One
, June 3, 1997
SIGNATURE PAGE
Proposers are asked to acknowledge receipt of this Addendum Number One, by completing the
information requested below and submitting this information with their proposal. Failure to do
so may subject the proposer to disqualification.
ALL OTHER SPECIFICATIONS AND CONDITIONS REMAIN UNCHANGED.
RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED
NAME OF BUSINESS
G/1 /`/ r2
BY:
SIGNATURE /DATE
1 C tACt-C ( /
Ee j
NAME & '1'1'1'LE, TYPED OR PRINTED
S HeArN9 (IA r0C-tcr-
MAILING ADDRESS
V r `cite c -10 FL. - .3:1 U U
CITY, STATE, ZIP CODE
* `" ya ) 6 7,S 7- .�� v !
AREA CODE AND TELEPHONE NUMBER
Page 7 of 7
CITY OF EDGEWATER
PURCHASE REQUISITION /�,^
VENDOR /# QtF !!�� I ` \ { Ec ip - � , o
ADDRESS: can i'11'1 ystiA? N \(YJ�J D. P.O.#
ORLANnc c_. 7ia$pl Date
DEPARTMENT /LINE ITEM it ((>5c (R.
Quantity Item Description Unit Price Amount
Reason /Use f r?, '(TJv(3 _ TOTAL
Council Approved(date) Ship Via - Deliver /Pick Up /Service
Authorized Signature (White)A/P (Yellow)Share (Pink)Depardnent
_ 7. 8
AGENDA REQUEST
Date: March 30, 1998
*tow PUBLIC
HEARING RESOLUTION ORDINANCE
OTHER
CONSENT x BUSINESS CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
Renewal of Florida Department of Transportation Highway Maintenance Contract:
Contract No. AB016
BACKGROUND:
Several years ago the City of Edgewater entered into an agreement with the Florida
Department of Transportation to maintain the State roads located within our city. This
agreement enables city staff to maintain a high level of service to the right -of -ways.
Maintenance work performed includes mowing of right -of -ways, picking up roadside
litter, weed control, seeding, fertilizing, tree trimming and tree removal. This agreement
includes conditions and requirements for beautification projects the city has or may seek
` taw in the future.
RECOMMENDATION /CONCLUSION:
Staff considers routine maintenance of the highways to be significant in the appearance
of the community. Staff requests the City Council consider renewal of this contract.
FUNDS AVAILABLE: (ACCOUNT NUMBER)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO x
DATE: AGENDA ITEM NO.
Respectfully submitted,
ack Corder
Director of Parks and Recreation
Concurrence:
Nikki Clayton . Kevin Grace
Interim City Attorney City Manager
FLORIDA - - DEPARTMENT OF TRANSPORTATION
LAWTON cmLrs THOMAS P. RARKY Jr.
SECRETARY
GOVERNOR
Contracts: 3 -510 719 South Woodland Boulevard Dei andFlorida
, Flo 32720
904/943 -5287
i
March 25, 1998
4 0..
City of Edgewater Cop
P. 0. Box 100 , G7A,v, y �af�
Edgewater, FL 32132 -0100
Re: 2nd CONTRACT RENEWAL
Contract No.: AB016
State Job No.: 79906-9098/73
WP'I NO.: 5610952
County(ies): Volusia
Amount: $8,708.80
Dear Sir:
Thank you for your letter of 03/23/98 wishing to renew; this letter is to advise you that the Department is
satisfied with your performance and wishes to renew the above subject contract. This renewal must be
fit.►. mutually agreed to by both parties and is subject to the same price, terms, and conditions as the original
contract.
If this is agreeable to you, please complete the enclosed two (2) copies of our Contract Renewal Form and
return to this office no later than 04/10/98. Please call me at the above number if you have any questions
NOTE: Please do not fill in the date on the Contract Renewal Form; RENEWAL occurs ONLY after the
District Director of Operations signs this form.
i.
R.Q. .!swell
District Maintenance
Contracts Engineer
Enclosures
RECYCLED PAPER
1 I VI • .--
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 375- 020 -23
CONTRACTS ADMINISTRATION
CONTRACT RENEWAL OGC - 10197
Contract No.: AB016
State Job No(s).: 79906- 9098/73
WPI No(s).: 5610952
— ,ounty(ies): Volusia
enewal:
( — I First (a) Second
This Agreement made and entered into this day of _ . , 1998 , by and between the State of
(This date to be entered by DOT only.)
Florida Department of Transportation, hereinafter called "Department ", and the City of Edgewater
of P.O. Box 100, Edgewater, FL 32132 - 0100 •
hereinafter called "Contractor
WITNESSETH:
WHEREAS, the Department and the Contractor heretofore on April 14, 1994
entered into an Agreement whereby the Department retained the Contractor to perform certain Routine Maintenance
Activities on State Roads within the City Limits of Edgewater
_ - - -- ; and
WHEREAS, said Agreement has a renewal option which provides for a renewal if mutually agreed to by both
parties and subject to the same terms and conditions of the original Agreement;
NOW, THEREFORE, this Agreement witnesseth that for and in consideration of the mutual benefits to flow each
o the other, the parties agree to a renewal of said original Agreement dated April 14, 1994
"for a period of one year beginning the 18th - day of April , 1998 and ending the 17th
day of April , 1999 at an annual cost of $ 8,708.80 specified herein.
All terms and conditions of said original Agreement shall remain in force and effect for this renewal.
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day,
month, and year set forth above.
CITY OF EDGEWATER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Name of Contractor
BY: _ B
Authorized Signature District Secretary or Designee
Title: Title: District Five Director of Operations
Legal:
Fiscal:
Approval as to Availability of Funds
s
RECYCLED PAPER �
MEMORANDUM OF AGREEMENT - HIGHWAY MAINTENANCE
THREE YEAR AGREEMENT
THIS AGREEMENT, entered into this /4 day of
`lore• r � , 19 7/ , by and between the STATE OF
FLORIDA, DEPARTMENT OF TRANSPORTATION, a component agency of the
State of Florida, hereinafter called the DEPARTMENT, and the CITY
OF EDGEWATER, a political subdivision of the State of Florida,
existing under the Laws of Florida, hereinafter called CITY.
WITNESSETH
WHEREAS, as a part of the continual updating of the State of
Florida Highway System, The DEPARTMENT, for the purpose of safety,
has created roadway, roadside areas and median strips on that part
of the State Highway System within the limits of the CITY; and
WHEREAS, the CITY hereto is of the opinion that said roadway,
..
roadside areas and median strips shall be attractively maintained;
and
WHEREAS, the parties hereto mutually recognize the need for
entering into an agreement designating and setting forth the
responsibilities of each party; and
WHEREAS, the City Council approved this Agreement on March 21,
1994, and authorized the Mayor to execute the document, as
evidenced by a copy of the minutes of that meeting which are
attached hereto and incorporated by reference as Exhibit A.
NOW THEREFORE, for and in consideration of the mutual benefits
to flow each to the other, the parties covenant and agree as
follows:
1. The CITY shall be responsible for routine maintenance of
all paved, landscaped and /or turfed areas within DEPARTMENT rights-
of-way having limits described by Item 20, or subsequent amended
limits mutually agreed to in writing by both parties. For the
purpose of this Agreement, the maintenance to be provided by the
CITY is defined in Item 21.
2. The CITY shall be responsible for clean -up, removal and
disposal of all debris from the DEPARTMENT'S rights -of -way
,,. (described by Item 20, or subsequent amended limits mutually agreed
(Agreemnt \DOT.94) 1
in writing by 'both parties) following a natural disaster (i.e.
hurricane, tornadoes, etc.) or from other normal occurrences such
as vehicle accidents and spills. However, the DEPARTMENT shall not
deduct from the payment of the CITY, costs for impairment of
performance of any activity or part thereof defined in Items 21, as
a result of such event and the redirection of CITY forces towards
fulfillment of the CITY'S responsibility under this article.
3. To the extent permitted by Florida law, the CITY agrees
that it will indemnify and hold harmless the DEPARTMENT and all of
the DEPARTMENT'S officers, agents, and employees from any claim,
loss, damage, cost, charge or expense arising out of any act,
action, neglect or omission by the CITY during the performance of
the contract, whether direct or indirect, and whether to any person
or property to which the DEPARTMENT or said parties may be subject,
except that neither the CITY nor any of its subcontractors will be
liable under this section for damages arising out of injury or
damage to persons or property directly caused or resulting from the
sole negligence of the DEPARTMENT or any of its officers, agents,
or employees.
4. If, at any time while the terms of this Agreement are in
effect, it shall come to the attention of the DEPARTMENT's District
Director of Operations, District 5, that the CITY'S responsibility
as established herein or a part thereof is not being properly
Now accomplished pursuant to the terms of this Agreement, said District
Director of Operations, District 5, may at his option, issue a
written notice in care of the City Manager with copies to the
Director of Parks and Recreation and the City Attorney, to place
said CITY on notice thereof. Thereafter the CITY shall have a
period of thirty (30) calendar days within which to correct the
cited deficiency or deficiencies. If said deficiency or
deficiencies are not corrected within this time period the
DEPARTMENT may at its option, proceed as follows:
a. Maintain the roadway, median strip or roadside area
declared deficient with the DEPARTMENT'S or a Contractor's
(Agreemnt\DOT .94 ) 2
material, equipment and personnel. The actual cost for such work
will be deducted from payment to the CITY; or
*law b. Terminate this Agreement in accordance with Item 12
of this Agreement.
5. It is understood between the parties hereto that the
landscaping covered by this Agreement may be removed, relocated or
adjusted at any time in the future as found necessary by the
DEPARTMENT in order that the adjacent state road be widened,
altered or otherwise changed and maintained to meet with future
criteria or planning of the DEPARTMENT.
6. The DEPARTMENT agrees to pay the CITY quarterly (each
three month period following a notice to proceed) compensation for
the cost of maintenance as described under Item 1 of this
Agreement. The payment will be in the amount of $ 2,177.20 per
quarter for a total sum of $26,126.40 for a three year agreement.
In the event this Agreement is terminated as established by Item 12
herein, payment will be prorated to the date termination occurs.
7. Payment shall be made only after receipt of goods and
services as provided in Section 215.42, Florida Statutes.
8. Any penalty for delay in payment shall be in accordance
with Section 215.422(3)(b), Florida Statutes. Effective May 28,
1991, Section 215.422(5), Florida Statutes was amended as follows:
a. All purchasing agreements between a State agency and
a vendor applicable to this section, shall include a statement of
the vendor's rights and the State's responsibilities under this
section. The vendor's rights shall include being provided with the
name and telephone number of the Vendor Ombudsman within the
Department of Banking and Finance.
b. The following language, required by Section
215.422(5) Florida Statutes, is hereby incorporated into this
contractual agreement executed by the parties and shall be
considered a part thereof: "The CITY should be aware of the
following time frames. Upon receipt, the DEPARTMENT has five (5)
working days to inspect and approve the goods and services, unless
(Agreemnt \DOT.94) 3
the agreement specifies otherwise. The DEPARTMENT has 20 days to
deliver a request for payment (voucher to the Department of
*411. Finance). The 20 days are measured from the latter of the date the
invoice is received or the goods or services are received,
inspected and approved.
c. If payment is not available within 40 days, a
separate interest penalty of .03333 percent per day will be due and
payable, in addition to the invoice amount, to the CITY. Interest
penalties of less than one ($1.00) dollar will not be enforced
unless the CITY requests payment. The invoices which have to be
returned to the CITY because of the CITY'S preparation errors will
result in a delay in the payment. The invoice payment requirements
do not start until a properly completed invoice is provided to the
DEPARTMENT.
c. A Vendor Ombudsman has been established within the
Department of Banking and Finance. The duties of this individual
include acting as an advocate for vendors who may be experiencing
problems in obtaining timely payment(s) from the DEPARTMENT. The
Vendor Ombudsman may be contacted at (904)488 -2924 or by calling
the State Comptrollers Hotline, 1- 800 - 848 - 3792."
9. Bills for fees or other compensation for services or
expenses shall be submitted in detail sufficient for a proper
preaudit and postaudit thereof, and the bills for travel expenses
specifically authorized by this Agreement shall be submitted and
paid in accordance with the rates specified in Section 112.061,
Florida Statutes.
10. Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to
the DEPARTMENT at all times during the period of this Agreement and
for three years after final payment is made. Copies of these
documents and records shall be furnished to the DEPARTMENT upon
request. Records of costs incurred includes the CITY'S general
accounting records, together with supporting documents and records,
N of the CITY and all subcontractors performing work, and all other
(Agreemnt\DOT. 94 ) 4
records of the CITY and subcontractors considered necessary by the
DEPARTMENT for a proper audit of costs.
.+ 11. The CITY shall allow public access to all documents,
papers, letters, or other material subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the CITY in
conjunction with this Agreement. Failure by the CITY to grant such
public access shall be grounds for immediate unilateral
cancellation of this Agreement by the DEPARTMENT.
12. This Agreement or any part thereof is subject to
termination under any one of the following conditions:
a. In the event the DEPARTMENT exercises the option
identified by Item 4 of this Agreement.
b. As mutually agreed to by both parties upon thirty
Nifty
(30) days written notice.
c. In the event the Legislature fails to make an annual
appropriation to pay for the CITY'S services to be performed
hereunder.
13. The term of this Agreement commences on the date a
written notice to proceed is issued to the City Manager by the
Department's District Maintenance Engineer, District 5, and shall
continue for a period of three (3) years, 1095 calendar days, from
the date of issue of said notice to proceed.
This Agreement has a renewal option. Renewals shall be on an
err• annual basis not to exceed two yearly renewal periods subject to
the same prices and associated quantities as well as all other
terms and conditions set forth in this Agreement.
Renewals shall be made at the discretion and option of the
Department and agreed to in writing by both parties; i.e., the
Mayor with the consent of the City Council for the CITY and the
District Director of Operation, District 5, for the DEPARTMENT.
Renewals shall be contingent upon satisfactory performance
evaluations by the DEPARTMENT and subject to the availability of
funds.
The term of this Agreement may be extended for a period not to
(Agreemnt \DOT 5
exceed six (6) months, upon written agreement by both parties and
subject to the same terms and conditions as applicable for renewal
*tire of this Agreement.
,14. In the event this Agreement extends beyond the
DEPARTMENT'S current Fiscal Year that begins on July 1 of each year
and ends on June 30 of each succeeding year, the CITY and the
DEPARTMENT mutually agree that the State of Florida's performance
and obligation to pay under this Contract is contingent upon an
annual appropriation by the Legislature.
Section 334.21(8)(a), Florida Statutes, provides that the
DEPARTMENT, during any Fiscal Year, shall not expend money, incur
any liability, or enter into any contract which, by its terms
involves the expenditure of money in excess of the amounts budgeted
*low
as available for expenditure during such Fiscal Year. Any
contract, verbal or written, made in violation of this subsection
shall be null and void, and no money shall be paid thereon. The
DEPARTMENT shall require a statement from the Comptroller of the
DEPARTMENT that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein
contained shall prevent the making of contracts for a period
exceeding one (1) year, but any contract so made shall be executory
only for the succeeding fiscal years; and this paragraph shall be
incorporated verbatim in all contracts of the DEPARTMENT in excess
Niue of $25,000 and having a term for a period of more than one (1)
year.
15. The CITY may construct additional landscaping within the
limits of the rights -of -way identified as a result of this
document, subject to the following conditions:
a. Plans for any new landscaping shall be subject to
approval by the DEPARTMENT. The CITY shall not change or deviate
from said plans without written approval from the DEPARTMENT.
b. All landscaping shall be developed and implemented
in accordance with appropriate DEPARTMENT safety and road design
Now standards.
(Agreemnt \DOT.94) 6
•
c. All requirements and terms established by the
Agreement shall also apply to any additional landscaping installed
under this Item.
Now
d. The CITY agrees to complete, execute and comply
with the requirements of the DEPARTMENT'S standard permit.
e. No change will be made in the payment terms
established under Item 6 of this agreement due to any increase or
decrease in cost to the CITY resulting from the installation and
maintenance of landscaping added under this item.
f. In the event this Agreement is terminated as
established under Item 12 herein, the CITY agrees to accept full
responsibility for all additional maintenance described in this
section at no additional cost to the DEPARTMENT.
Now
16. All work done on the DEPARTMENT'S rights -of -way shall be
accomplished in accordance with the Department of Transportation
Manual on Uniform Traffic Control Devices and Safe Practices for
Streets and Highway Construction.
17. This writing embodies the entire Agreement and
understanding between the parties hereto and there are no other
agreements and understanding, oral or written, with reference to
the subject matter hereof that are not merged herein and superseded
hereby.
18. This Agreement is nontransferable and nonassignable in
Now whole or in part without consent of the DEPARTMENT.
19. This Agreement, regardless of where executed, shall be
governed by and construed according to the laws of the State of
Florida.
20. The roadways included in this Agreement are:
a. S.R. 5 (U.S.1), Section 79010, from the South City
Limits of. Edgewater (M.P.11.967) to the North City
Limits of Edgewater (M.P.16.636).
b. S.R. 442, Section 79210, from the West City Limits
of Edgewater (M.P.2.628) to the intersection of
S.R. 5 (U.S.1)(M.P.3.972).
Total lane miles for this contract is 21.364 .
'err
(Agreemnt \DOT.94) 7
21. The routine maintenance activities to be included under
the agreement are as follows:
Nifty OPTION I - BEAUTIFICATION PHASE
471 LARGE MACHINE MOWING
484 INTERMEDIATE MACHINE MOWING
485 SMALL MACHINE MOWING
487 WEED CONTROL (MANUAL & MECHANICAL)
490 FERTILIZING
492 TREE TRIM & REMOVAL
541 ROADSIDE LITTER REMOVAL
The activities shall be performed in accordance with the
DEPARTMENT'S performance standards.
22. All notices or other communications hereunder shall be in
writing and shall be deemed duly given if delivered in person or
sent by certified mail return receipt requested and addressed as
follows:
If to City: With a Copy to:
City Manager City Attorney
P. 0. Box 100 P. 0. Box 100
Edgewater, FL 32132 -0100 Edgewater, FL 32132 -0100
Director of Parks & Recreation
P. 0. Box 100
Edgewater, FL 32132 - 0100
If to DOT:
Allen R. Green
Contracts Engineer
Department of Transportation
1655 N. Kepler Road
DeLand, FL 32724
(for forwarding to:
District Director of Operations
District 5)
IN WITNESS WHEREOF the parties hereto have caused these
presents to be executed the day and year first above written.
loww
(Agreemnt \DOT.94) 8
ATTEST: STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
_ '`-- '� By: �,4.-�
Executive Secretary r Notary strict Director of
Operations, District 5
APPROVED FOR FORM & ,7RRECTNESS:
= ,Ok NANCY J. LANDRY
/
,, l .4 MY COMMISSION EXPIRES
;;s�t-,P;: May 29, 1995 tE
�''.4,ok'i;° UNDERWRITERS BONDED THRU NOTARY PUBLIC U
„����� District G--- - Counsel
FISCAL WILL STAMP F S APPROVAL
p ii . 1
'�r. ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
1
.1 1_„t.,.. ----- B y : . %„'„ „ ►� %!L : Pi
Susan J. 'adsworth :ck H. H , Sr.
City C1 =rk ayor
APPROVED FOR FORM & CORRECTNESS:
. / ) ,(44 - 1/
Krist A. Storey (11/-"-I
City Attorney
Now
low
(Agreemnt \DOT.94) 9
I 111,,*
MEMORANDUM
ADDITION TO AGENDA
April 6, 1998 Council Meeting
TO: City Council
FROM: J. Kevin Grace (9
City Manager
C.A. NO.: 98 -052
DATE: April 3, 1998
SUBJECT: Addition to Agenda
Professional Service Contract for City Attorney
ITEM DESCRIPTION:
Appointment of Nikki Clayton as City Attorney
BACKGROUND:
During the March 30, 1998 City Council meeting, Council requested the City Manager place the
appointment of Nikki Clayton as City Attorney for the April 6, 1998 Council meeting. Ms. Clayton
has been representing the City as Interim City Attorney pursuant to a Professional Services Contract
approved by City Council at its November 3, 1997 meeting. A copy of that contract is included in
Council's agenda package for consideration. It has been slightly modified in the following respects:
1) Removal of "interim ", and
2) Clarification that services rendered may exceed 25 hours per week but that the City will not
pay for hours exceeding 100 per month.
The Contract, as modified, will not exceed the amount budgeted last year for the former City
Attorney.
INTERIM CITY ATTORNEY
PROFESSIONAL SERVICE CONTRACT
THIS CONTRACT made and entered into this day of , 1997,
by and between the CITY OF EDGEWATER, FLORIDA, (hereinafter "City"), and NIKKI
CLAYTON, (hereinafter "Interim City Attorney").
WHEREAS, the City desires to have an Interim City Attorney to perform the fu
.. . - _ _ , e - _ .. • _ . .... , • - - - .......... . •
... _ • legal services as defined
in Section 4.05 of the City's Charter and such other duties as may from time to time be requested
by the City Council including but not limited to, - • ' - . . - . .... • .. supervision of the
Legal Department, advising City Council, its Committees, Board and employees, and any and all
requirements in regards to legal representation of the City of Edgewater obtaining the employ of a
permanent City Attorney.
WHEREAS, the City desires to employ NIKKI CLAYTON as the Intepiffi City Attorney in
connection therewith upon the terms and conditions hereinafter set forth, and NIKKI CLAYTON
the Interim City Attorney has indicated her willingness to accept the responsibilities and render
specific performance legal services to the City as Interim City Attorney upon said terms and
conditions.
NOW, THEREFORE, in consideration of the mutual covenants and contract hereinafter
contained, it is agreed by and between the parties hereto as follows:
1. SCOPE OF PROFESSIONAL SERVICES
The Interim City Attorney shall perform all duties imposed on her as the Interim City
(Agreemnt/InterimCityAttorney) 1
Attorney by applicable laws, ordinances and regulations, including Section 4.05 of the City Charter
(attached hereto and incorporated herein as Exhibit "A "), and such other legally permissible and
proper duties as she may be directed to perform by the City Council. This section shall not exclude
any individual member of City Council, the City Manager, or City Clerk from seeking legal advice
from the Interim City Attorney on matters related to his or her duties. -
The Interim City Attorney agrees to perform the functions of her office in a competent and
professional manner.
2. COMPENSATION
A. The Interim City Attorney shall be compensated for all services rendered
under this Contract in accordance with the Scope of Professional Services.
Compensation will be at a rate of one hundred and no /100 ($100.00) per hour
' - to Mee
per week. It is estimated that the City's requirement for legal services should
not exceed 25 hours per week. In order to provide assurance to the City that
fees for legal services will not exceed budgeted amounts, the parties agree
that the City Attorney's monthly compensation shall not exceed 100 hours or
$10,000.00 per month regardless of whether the City's requirement for legal
services exceeds the estimated 25 hours per week except as provided in
subsection 2(c) hereof.
B. The Interim City Attorney shall be reimbursed for reasonable out -of- pocket
expenses upon submission of adequate documentation.
C. If upon request, approval and instruction by City Council, the Interim City
(Agreemnt/InterimCityAttorney) 2
Attorney is requested to perform additional work outside the normal scope
of services as provided in Section 1, she shall be entitled to additional
compensation. The additional compensation shall be computed by the
Interim City Attorney on a fee proposal and submitted to the City for written
approval. The fee shall be approved and agreed upon before commencement
of the additional work and shall be incorporated by written amendment of this
Agreement. If such additional work is required as a result of error, omission,
or negligence by the Interim City Attorney, she shall not be entitled to
additional compensation.
D. At the end of each month, the Interim City Attorney shall submit an invoice
for services rendered during the month.
E. The Interim City Attorney shall p*ovide a minimum of twenty five (25) hours
hours exceeding twenty five (25) per week other than as provided in
subsection (2)(C) above.
3. CITY'S RESPONSIBILITY
The City shall furnish the Interim City Attorney with all existing documentation, files,
claims, suits, data, plans, profiles, and other information available and useful in the day to day
operation and administration of the City's Legal Department.
The City shall defend, save harmless, and indemnify the Intefim City Attorney against
any tort, professional liability claim or demand or other legal action, whether groundless or
otherwise, arising out of an alleged act or omission occurring in the performance of the Interim City
(Agreemnt/InterimCityAttorney) 3
Attorney's duties except where the Interim City Attorney exceeds the scope of her authority or in the
case of a conviction for any crime involving moral turpitude of relating to official duties. The City
will compromise and settle any such claim or suit and pay the amount of any settlement or judgment
rendered thereon. Said indemnification shall extend beyond termination of employment and the
expiration of this Contract whether the notice or filing of a lawsuit for such tort, claim, demand or
other legal action occurs during or following the Interim City Attorney's employment with the City.
4. TERM
The term of this Agreement shall commence on October 7, 1997 and shall end at will of
Council.
5. TERMINATION
The City may terminate the Contract for Services with the Interim City Attorney at any time.
6. SEVERABILITY
All Agreements and covenants herein are severable, and in the event that any of them shall
be held invalid by a competent court, this contract shall be interpreted as if such invalid agreement
or covenant was not contained herein.
7. ENTIRE AGREEMENT
This Contract constitutes the entire agreement between the parties with respect to subject
matters. There are no inducements, promises, terms, conditions or obligations made or entered into
by either the City or the Interim City Attorney other than contained herein. - - - . .. • - .. • .
- -• - - - , - -- . , . - -- , - - . . . .... . . -- -- ... . Any
alterations or variations of the terms of this Contract shall not be valid unless made in writing and
signed by the parties.
8. NOTICES
(Agreemnt/InterimCityAttorney) 4
All notices or other communications hereunder shall be in writing and shall be deemed duly
given if delivered in person or sent by certified mail return receipt requested and addressed as
follows:
If to Inter City Attorney: If to City:
Nikki Clayton Mayor
City of Edgewater
20 North Orange Avenue P. O. Box 100
Suite-#4400 Edgewater, Florida 32132 -0100
Orlando, Florida 32801
499 Broadview Avenue With copy to:
Winter Park, Florida 32789
(407)599 -7905 Legal Department
City of Edgewater
P. O. Box 100
Edgewater, Florida 32132 -0100
IN WITNESS WHEREOF, the parties have made and entered into this Contract on the
dates listed below.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Randy G. Allman
City Clerk Mayor
Dated:
WITNESSES: Inter City Attorney
(AgreemntllnterimCityAttorney) 5
Nikki Clayton
Dated:
(Agreemnt/InterimCityAttorney) 6
CITY ATTORNEY
PROFESSIONAL SERVICE CONTRACT
THIS CONTRACT made and entered into this day of , 1998,
by and between the CITY OF EDGEWATER, FLORIDA, (hereinafter "City"), and NIKKI
CLAYTON, (hereinafter "City Attorney").
WHEREAS, the City desires to have a City Attorney to perform legal services as defined
in Section 4.05 of the City's Charter and such other duties as may from time to time be requested
by the City Council including but not limited to, supervision of the Legal Department, advising City
Council, its Committees, Boards and employees and any and all requirements in regards to legal
representation of the City of Edgewater.
WHEREAS, the City desires to employ NIKKI CLAYTON as the City Attorney in
connection therewith upon the terms and conditions hereinafter set forth, and NIKKI CLAYTON
has indicated her willingness to accept the responsibilities and render legal services to the City as
City Attorney upon said terms and conditions.
NOW, THEREFORE, in consideration of the mutual covenants and contract hereinafter
contained, it is agreed by and between the parties hereto as follows:
1. SCOPE OF PROFESSIONAL SERVICES
The City Attorney shall perform all duties imposed on her as the City Attorney by applicable
laws, ordinances and regulations, including Section 4.05 of the City Charter (attached hereto and
incorporated herein as Exhibit "A "), and such other legally permissible and proper duties as she may
be directed to perform by the City Council. This section shall not exclude any individual member
of City Council, the City Manager, or City Clerk from seeking legal advice from the City Attorney
(Ag reemn t/CityAttorney- NikkiClayton -1998) 1
on matters related to his or her duties.
The City Attorney agrees to perform the functions of her office in a competent and
professional manner.
2. COMPENSATION
A. The City Attorney shall be compensated for all services -rendered under this
Contract in accordance with the Scope of Professional Services.
Compensation will be at a rate of one hundred dollars and no /100 ($100.00)
per hour. It is estimated that the City's requirement for legal services should
not exceed twenty -five (25) hours per week. In order to provide assurance to
the City that fees for legal services will not exceed budgeted amounts, the
parties agree that the City Attorney's monthly compensation shall not exceed
one hundred (100) hours or ten thousand dollars and no /100 ($10,000.00) per
month regardless of whether the City's requirement for legal services exceeds
the estimated 25 hours per week except as provided in subsection 2(c) hereof.
B. The City Attorney shall be reimbursed for reasonable out -of- pocket expenses
upon submission of adequate documentation.
C. If upon request, approval and instruction by City Council, the City Attorney
is requested to perform additional work outside the normal scope of services
as provided in Section 1, she shall be entitled to additional compensation.
The additional compensation shall be computed by the City Attorney on a fee
proposal and submitted to the City for written approval. The fee shall be
approved and agreed upon before commencement of the additional work and
shall be incorporated by written amendment of this Agreement. If such
(Ag reemnt/CityAttorney- NikkiClayton- 1998) 2
additional work is required as a result of error, omission, or negligence by the
City Attorney, she shall not be entitled to additional compensation.
D. At the end of each month, the City Attorney shall submit an invoice for
services rendered during the month.
3. CITY'S RESPONSIBILITY -
The City shall furnish the City Attorney with all existing documentation, files, claims, suits,
data, plans, profiles, and other information available and useful in the day to day operation and
administration of the City's Legal Department.
The City shall defend, save harmless, and indemnify the City Attorney against any
tort, professional liability claim or demand or other legal action, whether groundless or otherwise,
arising out of an alleged act or omission occurring in the performance of the City Attorney's duties
except where the City Attorney exceeds the scope of her authority or in the case of a conviction for
any crime involving moral turpitude relating to official duties. The City will compromise and settle
any such claim or suit and pay the amount of any settlement or judgment rendered thereon. Said
indemnification shall extend beyond termination of employment and the expiration of this Contract
whether the notice or filing of a lawsuit for such tort, claim, demand or other legal action occurs
during or following the City Attorney's employment with the City.
4. TERM
The term of this Agreement shall commence on , 19 and shall end at will of
Council.
5. TERMINATION
The City may terminate the Contract for Services with the City Attorney at any time.
6. SEVERABILITY
( Agreemnt /CityAttorney- NikkiClayton -1998) 3
All Agreements and covenants herein are severable, and in the event that any of them shall
be held invalid by a competent court, this contract shall be interpreted as if such invalid agreement
or covenant was not contained herein.
7. ENTIRE AGREEMENT
This Contract constitutes the entire agreement between the parties with respect to subject
matters. There are no inducements, promises, terms, conditions or obligations made or entered into
by either the City or the City Attorney other than contained herein. Any alterations or variations of
the terms of this Contract shall not be valid unless made in writing and signed by the parties.
8. NOTICES
All notices or other communications hereunder shall be in writing and shall be deemed duly
given if delivered in person or sent by certified mail return receipt requested and addressed as
follows:
If to City Attorney: If to City:
Nikki Clayton Mayor
499 Broadview Avenue City of Edgewater
Winter Park, Florida 32789 P. O. Box 100
(407)599 -7905 Edgewater, Florida 32132 -0100
With copy to:
Legal Department
City of Edgewater
P. O. Box 100
Edgewater, Florida 32132 -0100
IN WITNESS WHEREOF, the parties have made and entered into this Contract on the
dates listed below.
(Agreemnt/CityAttorney- NikkiClayton -1998) 4
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Randy G. Allman
City Clerk Mayor
Dated:
WITNESSES: City Attorney
Nikki Clayton
Dated:
( Agreemnt/CityAttorney- NikkiClayton -1998) 5
CHARTER § 4.06
(1= Perform such other duties as are specified in this charter • •
• ay be required by the city council.
Sec. 4.03. • . ing city manager.
By memorandu • submitted to the city count' , the city man-
ager shall designate : • ualified city adminis ative officer to ex-
ercise the powers and pe orm the duties • ' city manager during
the city manager's tempo : absen • r disability. The council
may revoke such designation : • time and appoint another
administrative officer of the cit • . erve until the city manager
returns.
Sec. 4.04. Creation : departments.
The city count' ay establish city departments, ices, or agen-
cies in additi • to those created by the charter and m: prescribe
the functi. s of all departments, offices and agencies, e : • .t that
no fun on assigned by this charter to a particular dep. ent,
offi• -, or agency may be discontinued or, unless this charter s •-
ically provides, assigned to any other.
Sec. 4.05. City attorney.
The city council shall appoint a city attorney and establish the
terms of employment and fix the level of compensation. The city
attorney must be admitted to the practice of law in the State of
Florida. The city attorney shall be the chief legal advisor to, and
attorney for, the city council, city manager, city clerk and all city
departments, offices, and agencies and shall perform any other
duties prescribed by this charter or as may be required by the city
council. The city attorney shall report directly to the city council
and shall not be under the supervision and direction of the city
manager.
4.06. City clerk.
The city cou .hall appoint a city clerk : • • : • sh the
terms of employment an. . the ley- : • mpensation. The city
clerk shall keep the jou . :.. i : cil proceedings and be the
official cus • •::. o public records. The ci • . - rk shall serve as
• - ections clerk and shall perform any other du 1- - - scribed
Supp. No. 35 9
AGENDA REQUEST
C.A. NO.: 98 -047
Nosy Date: March 30, 1998
PUBLIC
HEARING RESOLUTION ORDINANCE
OTHER
CONSENT _. BUSINESS 4 / 6/ 98 CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
Requesting appointment to the Animal Control Board
BACKGROUND:
Due to her relocation in April, Melissa Mitchell will be unable to serve the remainder of her term
as a member of the Animal Control Board. Ordinance No. 97 -0 -08 states that whenever possible,
the membership shall include a licensed veterinarian, a Southeast Volusia Humane Society
representative, a dog owner, and a cat owner.
RECOMMENDATION /CONCLUSION:
The Animal Control Board requests the City Council consider appointment of Dr. Vanis to represent
the licensed veterinarian as suggested in the ordinance.
FUNDS AVAILABLE: (ACCOUNT NUMBER)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
Respectfully submitted
JoAnn Richard, Secretary
Animal Control Board
rmw
THE CITY OF EDGEWATER
POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100
APPLICATION FOR APPOINTME NT TO CITY
nn BOA ( RDS, AGENCIES OR COMMITTEES
NAME JG2v a �-1• V civ .� �`
,
ADDRESS p t 5 0 , 4 v ‘ (1 A 4 vevt_ District
(Staff will supply district number)
HOME PHONE c k 01 - Lk 3- 3 ;3 BUSINESS PHONE q - X 33
OCCUPATION \) Q-' v.ac frN
Are you a resident of Edgewater t• k) How long t
Is your principal place of employment in Edgewater? \ `e 5
if yes how long?
Briefly state your interest in serving on a City board, agency or
committee: AecJ`tA Q Ve ti KA 3Lc-t 1�
Ltfw C' E " bori rcu Q,,`L 5t.ic -k-Lt .S koc: C (2 j
V\• V L kk) ZcStvtr t:pS , )r S`):Cv\(1,1 � (. c m C.) KL A
State your experience /qualifications ttic").c b ee.•■
oe (Zavar: 0 ccr ac) dear Q —P L o Ll n C L 4
( I k--(et
G I" n L` t e A �..�.( Gtrin llti � t se l ic 4-oc V1 to it I Vve CD ;C C -e - l/t.`tcr•t SY
Are you a registered voter? cAe5
Are you employed by the City? N ( Do you hold public office? N
At the present time, do you serve on any other Boards, Agencies, or
committees? 1• If so, list each:
Have you ever served on any boards, agencies, or committees?
If so, list each: �k o m.t1? c�1 �. cec c : t�5 `s- ���t .��_►
Nor
(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
8
MAL CONTROL BOARD GENERAL EMPLOYEES PENSION BOARD
BEAUTIFICATION & TREE. COMMITTEE LAND DEVELOPMENT & REG. AGENCY
CITIZEN CODE ENFORCEMENT BOARD LIBRARY BOARD
CONSTRUCTION REGULATION BOARD PARKS & RECREATION BOARD
ECONOMIC DEVELOPMENT BOARD POLICE PENSION BOARD
FIREFIGHTER S SION BOARD VETERANS PARK ADV. COMMITTEE
mor SIGNATURE li�/ J a / a kti DATE: / i24-t et r (4 J'
** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES ** (REV 10- 30 -97)
THE CITY OF EDGEWATER
POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100
APPLICATION FOR APPOINTMENT TO CITY
4110, BOARDS, AGENCIES OR COMMITTEES
NAMEg W ` C S - l 1 e- /2_
ADDRESS c6' '3 /4.4 ./4 L` b , TD s 1'r ( c+ �3
HOME PHONE v7 G ^ 7 e/ BUSINESS PHONE 7JL k - `1 72/
OCCUPATION C�
Are you a resident of Edgewater_ 1 How long 3 z y /
Is your principal place of employment in Edgewater? /
if yes how long?
Briefly state your interest in serving on a City board, agency or
committee: /3e ec ,t se .So the C - r.! c)(-4-4`) C / /&/CJ e-
e / G n- b lea ri, e, . Act,e ; <5ji 1 d_ S /c l 1:
/ Pe r - ' /'r•-,�'S 41 expr ( /C
Ck5eNC i eS 71 .1 Any fige (-4s 4.1 OA' lAC / NcrA4
Are you a registered voter? (f'-1
Do you hold public office? I'V O
Are you employed by the City? /00
At the present time, do you serve on any other Boards, Agencies, or
committees? ^30 If so, list each:
Have you ever served on any boards, agencies, or committees? W O
If so, list each:
Nftw
(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 CONSTRUCTION REGULATION
BOARD
CITIZENS CODE ENFORCEMENT
FIRE PENSION BOARD GENERAL EMPLOYEES PENSION
ECONOMIC DEVELOPMENT LAND DEVELOPMENT & REG. AGENCY
LIBRARY BOARD POLICE PENSION BOARD
PARKS AND RECREATION BOARD ,Z VETERANS PARK ADV. COMMITTEE
SENIOR AD HOC COMMITTEE
4talw SIGNATURE _ L...- DATE: 7-
** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES **
t.
10 17 00R22-6)—LL-DL s
1A' t
i
tt ' THE CITY OF EDGEWATER
i vv �, • POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100
APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
NAME C ( L /i V • , i
,,=6,-
ADDRE S S,� d- 0.5" �� ll.t/f1 ob 9,t-- ` 1/ + 1
HOME ` PHONE J�1 l ' y43 ' /, 5 BUSINESS PHONE /U' 4"
a ''fit''- '
r ::' OCCUPAT ION U' _____________
a resident of Edgewater How long r-J.,
Is your principal place of employment in Edgewater? /VA
if yes how long?
Briefly state your interest in serving on a City board, agency or
committee : _ Y" .*VAll AA/ (21't-' 0 0 e / 62
0( ( ,
it
4` l
Are „you a re voter?
5
Do youl hold public office? 2/
d , �8 b `{r
`Are you employethby the City? 21 t
f
a _'
At the'present time, do you serve on any other Boards, Agencies, or
1 "1 committees')--- X -4,,n .n If so, list each: —
� 1
Have youi„ ever ser ' on any boards, agencies, or committees?
'. If so, list each' " 1
r
,, (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
d` WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
p< ANIMAL CONTROL BOARD CONSTRUCTION REGULATION
BOARD
' "''' / CITIZENS CODE ENFORCEMENT
:su'; 0 FIRE PENSION BOARD (' GENERAL EMPLOYEES PENSION
i! 5,
t , —4, / 't l
ECONOMIC DEVELOPMENT 3 LAND DEVELOPMENT & REG. AGENCY
9 LIBRARY BOARD 7 POLICE PENSION BOARD .
0 PARKS AND RECREATION BOARD / C VETERANS PARK ADV. COMMITTEE
1/ SENIOR AD HOC COMMITTEE
S IGNATURE �t/F DATE: (94 (D / ? 7
i t,r ** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES **
Yl
THE CITY OF EDGEWATER
POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100
S • ,
os *A��T" `
• AGENDA REQUEST
7
No.. Date: March 16, 1998
PUBLIC
HEARING RESOLUTION ORDINANCE
OTHER
CONSENT BUSINESS CORRESPONDENCE x
ITEM DESCRIPTION /SUBJECT;
Name suggestions for the city newsletter
BACKGROUND:
The name of the Edgewater newsletter since the first issued in October 1989 has been CARE.
(Creating A Rewarding Environment) It has been suggested a new name may be more appealing
to the readers. Listed are the names that were suggested after an article appeared two months in
the City Employee's newsletter: The Edgewater Shorelines
The Edgewater Tidings
`r.. The Edgewater Vision
The Edgewater Wave
RECOMMENDATION /CONCLUSION:
Council's decision to stay with current name , change the name to one of the above or another
choice.
FINANCIAL IMPACT: Not Applicable
FUNDS AVAILABLE: Account Number: Not Applicable
(Specify if Budget Amendment us Required):
PREVIOUS AGENDA ITEM YES NO X
Date;
Agenda Item Number
r`.r Respectfully submitted, Concurrence:
Susan J. W sworth, CMC, . Kevin Grace
City Clerk City Manager
Mayor Allman asked why can't they widen it to the normal size of
a highway, put a turn lane in the middle and forget five lanes
and go with three lanes. Let it go to four lanes out to the
interstate after it reaches County. He feels this road being
twenty -one feet from someone's door is ludicrous. He feels three
sow lanes would make more sense.
Councilman Roberts asked if the state would fund a program of
three lanes. Mr. Homan explained the roads they design now are
designed to accommodate the need twenty years from now and the
projected traffic indicates the need for four lanes of highway.
Councilwoman Lichter made a motion to accept the plan as
presented the night at the Library and as the last known
acceptance of the last City Council as is with the five lanes,
second by Councilman Gornto. The motion CARRIED 3 -2. Mayor
Allman and Councilman Hammond voted NO.
There was a fifteen - minute recess at this time.
C. Councilman Roberts appointment to Board of Trustees of Police
Pension Plan due to expiration of term
Councilman Roberts appointed Ron Prekup to the Board of Trustees
of Police Pension Plan. He thanked Ferd Heeb for his time
serving on that board.
sifts,
D. Community Development Block Grant Funding Allocation for FY-
1998/99 and five -year projection period update
Assistant Community Development Director Plaskett informed
Council this year staff has recommended the paving of West Turgot
Avenue as the entrance to the new recreational complex and it was
also one of the provisions when the County sold that property to
the City that they would pave that portion of the road, Hart
Avenue CIP Project regarding drainage problems in the Connecticut
Avenue and West Pine Bluff area. The amount requested for Turgot
Avenue is $49,500. That budget will not be approved until
October of this year by Volusia County so we wouldn't get the
money until next year. The Hart Avenue Project cost anticipated
is $175,000 with approximately a $25,000 windfall from last
year's project.
City Manager Grace thinks they need a City Council authorization
to submit this proposed CDBG budget.
Councilwoman Lichter so moved, second by Councilman Roberts. The
Now motion CARRIED 5 -0.
E. Name change of City newsletter
City Manager Grace explained there has been some sentiment to
change the name of the City newsletter.
City Clerk Wadsworth informed Council she had given each of them
a newsletter from 1958 with the name of the Shorelines.
Councilwoman Lichter commented on dividing the City with the name
of Edgewater Shorelines but she liked the choice of Edgewater
Tidings.
There was a brief discussion from Council regarding possible
names for the newsletter.
Councilwoman Lichter feels this item needs a little more time.
Mayor Allman agreed they should table this until the next
meeting.
Page -9-
Now Council Regular Meeting
March 16, 1998
LEGISLATIVE ACTION ITEM
HB 3075/SB 270
Police and Fire Pension Legislation
• Local governments would lose the ability to use state revenues (insurance
excise taxes) to meet current pension plan obligations.
• Future state revenues could only be used to provide additional pension
benefits over and above current levels.
• Decision making authority regarding additional benefits would be shifted
from local government elected bodies to unelected pension boards.
• This legislation represents an unfunded mandate on local governments of
approximately 50 million dollars statewide.
• The estimated annual impact on the City of Edgewater is a minimum of
$85,000 per year.
• Recommend sending letters to our legislative delegation opposing
this legislation.
JKG:sue
98 -47