09-22-2003 - Special/Regular
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Voting Order
Councilman Brown
Councilnvnllan1/ruui
CouncilwomanRJuxks
Counci/womanlichter
Mayor Schmidt
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AGENDA
CITY COUNCIL OF EDGEW A TER
SPECIAL MEETING
September 22,2003
7 :00 p.m.
COMMUNITY CENTER
A Special Meeting of the City Council is scheduled for Monday, September 22,2003, at 1:00
p.m. in the Community Center prior to the regular meeting for the following:
1. Hold public hearings (2nd Readings) on Ord. No. 2003~O~22, adopting final millage rate of
6.95 mills per $1,000 of assessed taxable value and Ord. No. 2003-0-23, adopting final
budget for fiscal year 2003/2004.
2. ADJOURN.
Voting Order
Councilmmlfarnnmd
CouncilwomanRhodes
Cm01cilwomanlichter
Mayor Schmidt
Councilman Brown
AGENDA
CITY COUNCIL OF EDGEW A TER
JaCtrLA-R -MEETING
September 22, 2003
immediately following Special Meeting
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. AFFROV AL OF MINUTES
None at this time.
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CER TIFICA TES/DONA TIONS
A. Recognition of appointed/reappointed Board/Committee members.
4. CITIZEN COMMENTS
This is the time for the public to come forward with any comments they may have. Please
state your name and address, and please limit your comments to five minutes or less.
5. CITY COUNCIL REPORTS
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City Council Agenda
September 22,2003
Page -2-
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6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. 2nd Reading, Ord. No. 2003-0-18, Glenn Storch, authorized agent for
Ha,Gi<;mga, D~velQpment CQrp" r~ql,l~~ting a,n a,m~ngm~nt tQ the OffiGia,1
Zoning Map to include 18.27 ~ acres of land located east of US 1 and west
QfHacienga gel RiQ, as City B-3 (Highway CQmmercia,l),
B. 2nd Reading, Ord. No. 2003-0-19, amending the Official Zoning Map to
include certain properties within the Washington Park subdivision located
south of 35th Street in Florida Shores as R-2 (Single Family Residential).
C. 1 st Reading. Ord. No, 2003-0-21. Coral Trace. LLC. with Elizabeth Kennedy
as authorized agent and Forte McCaulay as developer (owner, Progressive
Land Development Inc.), requesting Planned Unit Development (PUD)
Agreement approval and the associated Zoning Map amendment to change
63.69~ acres of property located north of SR442 and west of Lybrand
Avenue from Volusia County A-3 (Transitional Agriculture) to City RPUD
(Residential Planned Unit Development) to create a 200 maximum unit
subdivision to be known as Coral Trace.
7. BOARD APPOINTMENTS
A. Planning and Zoning Board - Councilwoman Lichter to consider the Board's
recommendation for appointment to fill the remaining term of a vacated seat.
8. CONSENT AGENDA
All matters listed under the consent agenda are considered to be routine by the City Council
and will be acted upon by one motion. There will be no separate discussion of these items
unless discussion is desired by a member of the Council, in which case the Mayor will
remove that item from the consent agenda and such item will be considered separately.
A. Motorcycle Lease Agreement. staff recommending approval and authorize
the City Manager to execute the Addendum to the Motorcycle Lease
Agreement for addition of two (2) Police Motorcycle units with an
expenditure of $8,085 from the Law Enforcement Trust Funds for one (1)
unit and associated equipment~ and one (1) unit from the 2003-2004 Police
Department budget and execution of the renewal in March 2004,
9. OTHER BUSINESS
A. ReducinglWaiving Liens - Charles Clark, owner of a vacant lot previously
known as 132 Highland Avenue, requesting reduction of or waiving liens
placed against this property prior to his purchase (totaling $5,500.19).
B. Engineering Services Work Orders (3) - staff recommending approval of
Work Orders to Gierok Engineering, Inc. to provide design, bidding,
permitting, construction management and inspection services related to road
and associated utilities improvements in ParkTowne Industrial Center.
(WQrk Ord~r #2002-13 fQr $37,980, #2002-14 fQr $86,850 a,ng #2002-15 fQr
$86,820.)
10.. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
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City Council Agenda
September 22,2003
Page -3-
1 L CITIZEN COMMENTS/CORRESPONDENCE
12, ADJOURN,
Notes:
1) Citizen comments relating to any agenda matter may be made at the time the matter is
before Council. Please state your name and address, and please limit your comments
to five minutes or less.
2) All items for inclusion on the October 6, 2003, agenda must be received by the City
Man~g~r'$ offiGe no l~ter th~n 4:30 p,m MQnd~y, S~pt~mb~r 29, 2003~
Plmmant to Chapter 286, FS, if an individual decides to appeal any decision made with respect to any matter considered
at a meeting or hearing, that individualwil/ need a record of the proceedings andwil/ need to insure that a verbatim record
of the proceedings is made. The City does not prepare or provide such record
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings
should contact City Clerk Susan Wadsworth, 386-424-2407, prior to the meeting.
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AGENDA REQUEST
Date: 9-10-03
PUBLIC
HEARING X
RESOLUTION
ORDINANCE
9-22-03
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION
2nd Reading - Ordinance No. 2003-0-18
Glenn D. Storch, authorized agent for Hacienda
Development Corp., requesting an amendment to the
Official Zoning Map to include approximately 18.27
acres ofland located east of U.S. Highway 1 and west
of Hacienda Del Rio (PID # 8538-01-00-0019), as
City B-3 (Highway Commercial).
PROPOSED USE: Vacant
LOCATION: East of US Highway 1 and west of the Hacienda Del Rio development
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AREA: 18.27:1: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Commercial
ZONING DISTRICT: Volusia County BPUDW (Business Planned Unit Development) and MH-
1 W (Mobile Home Park)
VOTING DISTRICT: 4
SURROUNDING AREA
Current Land Use FLUM Desienation Zonin~ District
North Vacant V olusia County Commercial Volusia County B-4W (General
Commercial)
East Manufactured Home Volusia County Urban Medium Volusia County MH-l (Mobile Home
Subdivision Intensity Park)
South Vacant Volusia County Industrial 1-3W (Waterfront Industrial)
West Vacant (Edgewater City Commercial and Low Density City RPUD (Residential Planned Unit
Lakes) ResidentiaV V olusia County Industrial Development)! Volusia County 1-1 (Light
Industrial) and 1-4 (Industrial Park)
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RZ-0301 - Hacienda
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Background: This parcel is located along the east side of US Highway I, west of the Hacienda Del Rio
development. It is currently vacant with no immediate plans for development. The proposed commercial 0
zoning designation of this property is compatible with the surrounding area, as well as Volusia County's
Future Land Use designation of Commercial. The majority of property with frontage on US Highway I
has a Commercial Future Land Use designation.
City Council voted to approve the rezoning of this parcel at first reading on September 8, 2003.\
Land Use Compatibility: The commercial designation of this property is compatible and consistent with
the adjacent commercial parcels with frontage on US Highway I.
Adequate Public Facilities: This site is within the City retail water and sewer service area and has access
to US Highway I. All concurrency requirements shall be addressed at such time development is proposed.
Natural Environment: The vegetation consists oflong leaf pine, xeric oak, and live oak. The soil has a
high potential for development. The Conservation Overlay shall require an environmental assessment
prior to development per the Comprehensive Plan.
Consistency with Comprehensive Plan: The proposed Zoning Map amendment of B-3 (Highway
Commercial) is consistent with the Future Land Use Map designation of Commercial
Other Matters
Council adopted the Comprehensive Plan Future Land Use Map amendment on August 18,2003.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance No. 2003-0-18, amending the Official Zoning Map to include 0
18.27:1: acres of property located east of US Highway I and west of the Hacienda Del Rio Mobile Home Park
as City B-3 (Highway Commercial).
ACTION REQUESTED
Motion to approve Ordinance No. 2003-0-18.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES x
NO
DATE: 9-8-03
AGENDA ITEM NO. 6F
Respectfully Submitted By:
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Darren Lear
Chief Planner
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; Robin Ma sick \. Kenneth R. Hooper ,"'t\'
Paralegal City Manager \ V
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RZ.0301 . Hacienda
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ORDINANCE NO. 2003-0-18
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY BPUDW (BUSINESS
PLANNED UNIT DEVELOPMENT) AND MH-l W (MOBILE
HOME PARK CLASSIFICATION) TO B-3 (HIGHWAY
COMMERCIAL) FOR PROPERTY LOCATED EAST OF U.S.
HIGHWAY NO.1 AND WEST OF THE HACIENDA DEL RIO
DEVELOPMENT (P ARCEL IDENTIFICATION #8538-01-00-
0019), EDGEWATER, FLORIDA; AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TER;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. In an effort to be consistent with the City of Edge water Comprehensive Plan and Land
Development Code, the City has submitted an application requesting a change in zoning
o classification for property owned by Hacienda Development Corporation. The subject property is
located East ofU. S. Highway #1 and West of Hacienda Del Rio, Edgewater, Florida and contains
approximately 18.27 .:!: acres. The requested zoning change would be from County BPUDW
(Business Planned Unit Development) and MH-1 W (Mobile Home Park Classification) to City B-3
(Highway Commercial) for the property described herein.
2. In a letter dated August 20,2003, the City of Edgewater notified by mail the owners
of the property and all property owners who own real property directly affected by the proposed
action within 300 feet of the subject property.
3. On April 9, 2003, the Local Planning Agency (Planning and Zoning Board)
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Underlined passages are added.
2003-0-18
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considered the request for a change in zoning classification and by a vote of 5 - 1, the Board
recommended that the City Council approve the request.
4. On September 8, 2003, the City Council considered on first reading/public hearing
the proposed change in the zoning classification after publication of such hearing in the Observer
on August 29,2003.
5. On September 22,2003, the City Council held a public hearing on the application
after publishing notice of such hearing in the Observer on September 15, 2003,
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8.
The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW A TER,
FLORIDA.
StlnGk t1uotlgh passages are deleted.
Underlined passages are added.
2003-0-18
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The zoning classification for the following described property is hereby changed from County
BPUDW (Business Planned Unit Development) and MH-I W (Mobile Home Park Classification)
to City B-3 (Highway Commercial):
The following described real property all lying and being in the County of V olusia
and State of Florida.
A portion of the Jane Murray Grant, Sections 48 and 49, Township 18 South, Range
34 East lying easterly of U. S. Highway No.1, a portion of Lot 1, Assessor's
Subdivision of the C. E. McHardy Grant according to the map or plat thereof as
recorded in Map Book 3, Page 152 of the Public Records of V oIusia County, Florida
and a portion ofU. S. Lots 3 and 4, Section 13, Township 18 South, Range 34 East
lying easterly ofU. S. Highway No.1 being more particularly described as follows:
For a Point of Beginning, commence at the intersection of the westerly line of the C.
E. McHardy Grant, Section 49, Township 18 South, Range 34 East and the south line
ofthe north 52.465 chains of the Jane Murray Grant, Sections 48 and 49, Township
18 South, Range 34 East, said point being marked by a I-inch iron pipe; thence N 680
58' 50" E, along said south line of the north 52.465 chains ofthe Jane Murray Grant,
a distance of 136.56 feet; thence S 22057' 19" E, parallel with the easterly line ofU.
S. Highway No.1, a distance of2652.17 feet; thence S 68040' 14" W, a distance of
300.12 feet to the easterly line ofU. S. Highway No.1; thence N 220 57' 19" W,
along the easterly line ofU. S. Highway No.1, a distance of2653.79 feet to said
south line of the north 52.465 chains of the Jane Murray Grant; thence N 680 58' 50"
E, along said south line of the north 52.465 chains of the Jane Murray Grant, a
distance of 163.61 feet to the Point of Beginning.
Containing 18.27 acres more or less.
Parcel #8538-01-00-0019
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW ATER, FLORIDA.
The Planning Director is hereby authorized and directed to amend the Official Zoning Map
of the City of Edgewater, Florida, to reflect the change in zoning classification for the above
StItlck t1uongh passages are deleted.
Underlined passages are added.
2003-0-18
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described property.
PART C.
CONFLICTING PROVISIONS.
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All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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PART F.
ADOPTION.
After Motion by Councilman Hammond and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on September 8, 2003, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Myron F. Hammond X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
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Underlined passages are added.
2003-0-18
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After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 22nd day of September, 2003.
ATTEST:
Susan J. Wadsworth
City Clerk
F or the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
Siwek tlllon~h passages are deleted.
Underlined passages are added.
2003-0-18
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 22nd day
of September, 2003 under Agenda Item No._
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AGENDA REQUEST
Date: 9-10-03
PUBLIC
HEARING X
RESOLUTION
ORDINANCE 9-22-03
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION
2nd Reading - Ordinance No. 2003-0-19
An Ordinance of the City of Edgewater amending the
Official Zoning Map to include certain properties
within the Washington Park subdivision, located
south of 35th Street in Florida Shores, as R-2 (Single
Family Residential)
OWNER (S): Hooks - PID: 8414-04-01-0050; 8414-04-01-0060; & 8414-04-04-0010 -1.14
acres
Amster - PID: 8414-04-03-0060 - .90 acres
Amara/Hanna - PID: 8414-04-08-0010 - 3.64 acres
Crowell - PID: 8414-00-00-0040 - 5 acres
Pawlak - PID: 8414-04-01-0180; 8414-04-01-0010 - 1.28 acres
Wyman - PID: 8414-04-13-0010; 8414-04-13-0250 - 4.01 acres
Patcher/Folk - PID: 8414-04-01-0160 - .28 acres
Rothman - PID: 8414-04-03-0010 - .60 acres
Acebal- PID: 8414-04-06-0010 - 3.15 acres
Hunt - PID: 8414-00-00-0080 - 10.56 acres
Mishkin - PID: 8414-04-12-0010 - 1.43 acres
LOCATION: South of 35th Street and east of Travelers Palm Drive.
ACREAGE: 42.55:l: Acres
CURRENT USE OF PROPERTY: All parcels are currently vacant.
PROPOSED USE OF PROPERTY: There are no proposals for development at this time.
PARCEL IDENTIFICATION NUMBER(S): See above.
FUTURE LAND USE: Low Density Residential
ZONING DISTRICT: Volusia County A-2(Rural Agriculture) and RC (Resource Corridor)
U VOTING DISTRICT: 4
RZ-0201 - Washington Park
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ADJACENT CURRENT AND FUTURE LAND USES:
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Current Land FLUM Zoning District
Use Desi2;nation
North Single Family Low Density R-2 (Single Family Residential)
Residential Residential
(Florida Shores)
East Single Family Low Density R-2 (Single Family Residential)
Residential/ Residential and RPUD (Residential Planned
Vacant Unit Development)
South Vacant Low Density RPUD (Residential Planned Unit
Residential Development)
West Single Family Low Density R-2 (Single Family Residential)
Residential/ Residential and RPUD (Residential Planned
Vacant Unit Development)
ANALYSIS
Background: The Washington Park subdivision is located south of Florida Shores and north of
the proposed Edgewater Lakes Subdivision. There are 11 property owners who voluntarily
annexed their property into the City in November 2001. There is no proposed development in
this area at this time. The Comprehensive Land Use amendment was adopted on August 18, 0
2003.
The Planning and Zoning Board voted to send a favorable recommendation to Council at their
April 9, 2003 meeting.
City Council voted to approve the rezoning of these parcels at first reading on September 8,
2003.
Land Use Compatibility: The proposed zoning is compatible with the surrounding proposed
and existing residential uses, as well as with the Future Land Use designation of Low Density
Residential.
Adequate Public Facilities: Portions of this property have access to 35th Street. Although there
are no development plans for these properties, the proposed densities would not exceed the Level
of Service standards for any of the following:
. Roadway
. Sewer
. Drainage
. Solid Waste
. Recreation
. Open Space
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RZ-0201 - Washington Park
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'-> Natural Environment: The vegetation consists of pine flatwoods, live oak, and wetlands.
Consistency with Comprehensive Plan: The Zoning Map amendment of these properties is
consistent with the Goals, Objectives, and Policies of the Comprehensive Plan.
Other Matters: There are no other known matters regarding this site.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance No. 2003-0-19, amending the Official Zoning Map to
include certain properties within the Washington Park subdivision, located south of3Sth
Street in Florida Shores, as R-2 (Single Family Residential).
ACTION REQUESTED
Motion to approve Ordinance No. 2003-0-19.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
9-8-03
AGENDA ITEM NO.
6G
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Respectfully Submitted By:
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Darren Lear U Robin Matusick
Chief Planner Paralegal
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Kenneth R. Hooper \ \
City Manager
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RZ-0201 - Washington Park
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ORDINANCE NO. 2003-0-19
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AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY A-2 (RURAL
AGRICULTURE) AND RC (RESOURCE CORRIDOR) TO
CITYR-2 (SINGLE FAMILY RESIDENTIAL) FOR CERTAIN
PROPERTY LOCATED WITIDN THE WASIDNGTON PARK
SUBDIVISION WHICH IS LOCATED SOUTH OF 35TH
STREET IN FLORIDA SHORES, EDGEW A TER, FLORIDA;
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF EDGEWATER; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. In an effort to be consistent with the City of Edge water Comprehensive Plan and Land
Development Code, the City has submitted an application requesting a change in zoning
classification for property owned by Inez Hooks, Harvey Amster, Edmund Amara & Hanna, Andrew
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& Keri Hunt, James & Shelly Crowell, Tony Pawlak, Morris & Frances Wyman, Elias Pachter,
Robert Rothman, Samuel Acebal and Jack & Mildred Mishkin. The subject properties are located
South of 35th Street in Florida Shores, Edgewater, Florida and contain approximately 42.55 i: acres.
The requested zoning change would be from County A-2 (Rural Agriculture) and RC (Resource
Corridor) to City R-2 (Single Family Residential) for the property described herein.
2. In a letter dated August 20,2003, the City of Edgewater notified by mail the owners
of the property and all property owners who own real property directly affected by the proposed
action within 300 feet of the subject property.
Sttnck tluongh passages are deleted.
Underlined passages are added.
2003-0-19
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3. On April 9, 2003, the Local Planning Agency (Planning and Zoning Board)
considered the request for a change in zoning classification and by a vote of 6 - 0, the Board
recommended that the City Council approve the request.
4. On September 8, 2003, the City Council considered on first reading/public hearing
the proposed change in the zoning classification after publication of such hearing in the Observer
on August 29,2003.
5. On September 22,2003, the City Council held a public hearing on the application
after publishing notice of such hearing in the Observer on September 15, 2003,
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
Stltl"k tIuongh passages are deleted.
Underlined passages are added.
2003-0-19
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REAL PROPERTY WITHIN THE CITY OF EDGEW A TER,
FLORIDA.
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The zoning classification for the following described property is hereby changed from County
A-2 (Rural Agriculture) and RC (Resource Corridor) to City R-2 (Single Family Residential):
The following described real property all lying and being in the County of V olusia
and State of Florida.
Carlton C. & Inez Hooks:
Lots 6, 7,12 through 15 Inclusive, Block 1, WASHINGTON PARK UNIT 6, Map
Book 11, Page 73, Public Records of Vol usia County, Florida (Parcel ID #8414-04-
04-0010; 84-04-01-0050; & 8414-04-01-0060).
Harvey Amster:
Lots 6 through 10 inclusive, of Block 3, WASHINGTON PARK UNIT 6, per
Official Records Book 11, Page 73, of Public Records of Vol usia County, Florida.
(Parcel ID #8414-04-03-0060).
Edmund Amara & Hanna:
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All of Block 8, WASHINGTON PARK UNIT 6, according to the map thereof as
recorded in Map Book 11, Page 73, of Public Records of Vol usia County, Florida.
(Parcel ID #8414-04-08-0010).
Andrew & Keri Hunt (previously Jerome & Debra Thomas):
Lots 1, of Section 14, Township 18 South, Range 34 East, of TALLAHASSEE
MERIDIAN, less and except WASHINGTON PARK PART 6, in Map Book 11,
Page 73, of Public Records of V olusia County, Florida. (Parcel ID #8414-00-00-
0080).
James & Shelley Crowell:
E ~ of NW 10 chains square of lot 2, Sec. 14, Twp 18 S, Rg 34 E otherwise
described as, and intended to be East five chains of West ten (10) chains of the North
ten (10) chains of Government Lot 2 of Section 14, Township 18 South, Range 34
East according to the official Government Survey, V olusia County, Florida. (Parcel
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Underlined passages are added.
2003-0-19
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ID #8414-00-00-0040).
Tony Pawlak:
Lots 1, 2, 3 and 4, Block 1 and Lots 18 to 22, inclusive, Block 1 , WASHINGTON
P ARK, UNIT 8, according to the plat thereof as recorded in Map Book 11, Page 73,
of the Public Records of V olusia County, Florida. (Parcel ID #8414-04-01-0180 &
#8414-04-01-0010).
Morris & Frances Wyman:
Lots One (1) to Twenty-Four (24) inclusive, Block Thirteen (13), WASHINGTON
PARK PART VI, according to the map thereof as recorded in Map Book 11 at Page
72 of the Public Records of Vol usia County, Florida. (Parcel ID #8414-04-13-0010
& # 8414-04-03-0250).
and
Lots 25, 26 and 27, Block Thirteen (13), WASHINGTON PARK UNIT #6,
according to the map thereof as recorded in Map Book 11 at Page 72 of the Public
Records of Vol usia County, Florida.
Elias Pachter:
Lots 16 and 17, Block 1, WASHINGTON PARK PART VI, according to the map
thereof as recorded in Map Book 11 at Page 73, of the public records of V olusia
County, Florida. (Parcel ID #8414-04-01-0160).
Robert Rothman:
Lots 1,2,3 and 4, Block 5, WASHINGTON PARK PART 6, according to the map
thereof as recorded in Map Book 11, Page 73, Public Records of Vol usia County,
Florida (Parcel ID # 8414-04-03-0010).
Samuel Acebal:
Lots 1 thru 22, inclusive, Block 6, WASHINGTON PARK PART VI, according to
the map thereof as recorded in Map Book 11, Page 73, of Public Records of Vol usia
County, Florida. (Parcel ID #8414-04-06-0010).
Stltl.:-k tluotlgh passages are deleted.
Underlined passages are added.
2003-0-19
4
Jack & Mildred Mishkin:
Lots 1 to 5, inclusive and Lots 18 to 22, inclusive, Block 12, WASHINGTON PARK
P ART VI, according to the map thereof as recorded in Map Book 11, Page 73, of
Public Records of Vol usia County, Florida. (Parcel ID #8414-04-12-0010).
Containing 45.55 acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW A TER, FLORIDA.
The Planning Director is hereby authorized and directed to amend the Official Zoning Map
of the City of Edgewater, Florida, to reflect the change in zoning classification for the above
described property.
PART C.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
Stltlck tIdongh passages are deleted.
Underlined passages are added.
2003-0-19
5
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PART F.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on
the first reading of this ordinance held on September 8, 2003, was as follows:
AYE
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Myron F. Hammond
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
After Motion by
and Second by
the vote on the second reading/public hearing ofthis ordinance was as follows:
AYE
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
Stltlck t1uongh passages are deleted.
Underlined passages are added.
2003-0-19
6
NAY
NAY
PASSED AND DULY ADOPTED this 22nd day of September, 2003.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
Stltlck thHnlgh passages are deleted.
Underlined passages are added.
2003-0-19
CITY COUNCIL OF THE
CITY OF EDGEW ATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal AssistantlParalegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 22nd day
of September, 2003 under Agenda Item No.
7
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I.A.
AGENDA REQUEST
Date: September 4,2003
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT September 22, 2003 CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION
Planning and Zoning Board appointment.
BACKGROUND
At the September 3,2003 Planning and Zoning Board meeting members reviewed applications to
fulfill the vacancy left by Russell Mullen.
RECOMMENDATION
Board members discussed Richard Martinez, Sandy Jones and Pat Card as the potential
replacement for the remainder of the term.
ACTION REQUESTED
Motion to appoint a new Planning and Zoning Board member to fulfill the remainder of Russell
Mullen's term, expiring on June 9, 2006.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NUMBER:
Respectfully Submitted By:
~nf'tti 0 . LU Qh ~.D
Bonnie Wenzel
Planning & Zoning Board Coordinator
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AGENDA REQUEST
C.A. NO.: 2003-151
Date: September 4,2003
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT 09/22/2003
OTHER
BUSINESS
ITEM DESCRIPTION:
The Police Department is seeking authorization to expand the traffic enforcement program by the
addition of two (2) additional motorcycle units with associated equipment for a cost of $8,085.00
each. The cost of one (1) unit has been included in the 2003-2004 fiscal budget with a request for
one (1) unit to be approved as an expense of Law Enforcement Trust Funds (LETF).
BACKGROUND:
The City currently has a Motorcycle Lease Agreement with New Smyrna Harley-Davidson for two
(2) motorcycle units. The Police Department is requesting that the City Council approve the addition
of two (2) new units to be included by Addendum to the existing Lease Agreement.
Upon expiration ofthe current Lease Agreement on March 31, 2004, the Police Department is also
requesting Council approve the City Manager to execute the new Lease Agreement which will
continue the enhanced traffic enforcement program for the four (4) Harley-Davidson motorcycles.
ST AFF RECOMMENDATION:
Staffrecommends approval for the expenditure of $8,085.00 from Law Enforcement Trust Funds
for addition of one (1) Police Motorcycle unit, the additional unit already included in the 2003-2004
budget and that City Council authorize the City Manager to execute the new Motorcycle Lease
Agreement for all four (4) units in March 2004.
ACTION REQUESTED:
Motion to approve and authorize the City Manager to execute the Addendum to the Motorcycle
Lease Agreement for addition of two (2) Police Motorcycle Units and execute the renewal in March
2004 with an expenditure from the 2003-2004 Law Enforcement Trust Fund in the amount of
$8,085.00 for one (1) unit, with one (1) unit to be from the Police Department budget.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
~f1~tsi
Police Chief
Concurrence:
Q~0(r--dt ).~~6
Robin L. Matusick
Legal Assistant/Paralegal
~~
City Manager
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PUBLIC
HEARING
AGENDA REQUEST
Date: September 9.2003
RESOLUTIONS
CONSENT
OTHER
BUSINESS Sept. 22. 2003
ITEM DESCRIPTION:
q ,(\.
ORDINANCE
CORRESPONDENCE
Mr. Charles Clark, owner of a vacant lot previously known as 132 Highland Avenue, has
requested reduction or waiving of liens placed against this property prior to his purchase.
The Code Enforcement history of this property dates back to 1995 when a fine was imposed for
an unsecured structure. The building was eventually demolished at a cost to the City. The
property has been maintained (grass cut by City staff) since that time. The total costs are as
follows:
. Demolition lien
. Property maintenance liens
. 6% interest on liens
. Outstanding utility bill
. GRAND TOTAL
BACKGROUND:
ST AFF RECOMMENDATION:
1674.00
237.50 -
114.69
3474.00 ~
5500.19
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Staff recommends that the City Council not reduce or waive the amounts owed the City as these
represent funds spent by the City for the maintenance of the property.
ACTION REQUESTED:
Motion to deny the request to waive or reduce liens.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/ A
PREVIOUS AGENDA ITEM:
DATE: N/A
YES
NO XX
AGENDA ITEM NO.
~uMd
Robin Matusick, \
Paralegal \...
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Kenneth R. Hooper .
City Manager
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THE 'CITY'()p'EDGEWA'TER
, .,"
',POST'OFFicE BOX 100-EDGEWATER,FLORJDA '32132-0100
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Date: 9/2/03
To: 'Captain Danigel '
From: M. M cG ratti
Subject: 132 Highland Ave.
8/1/95: Case# 95-C E,0087: 'Gode"!?oa:rd in1p~,se~ a ffhe of:$30.00'p~r'daYfor ,', '
an unsecured structure.' ~elleve'they cOrTIplje99'days later, lien $270.00;' ,
9/15/95 Lot clearing ,lien' (B#4037PG#21S7YAmountdue $,50:00 +:6% interest. '
'. ",,' , ;..,. . ,".- "',' '.: " .: ".:" ".,. , '. "... -". ' " 'II!
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3/6/96 Structure deemed unsafe by the buiidingofficial, must Qe ~epaired or
demolished within 60 days; ',', '
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3/7/96 Unsafe buildingn,otice receivedbY~~:,Gillfga'r)'vIa'certifi~dmail. ,:
3/13/96 Unsafe buil'ding n~tice recei~~d by Mr.W~bb:viaCertified,rnaiL,
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4/9/96 Posting of unsafe builqing db 'not oc~upy; ,
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5/7/96, The 60-day'no~ice'to repair Qr demolish~d e'xpire9' ,Dunn-advises.City:. '
they may have to repair or'demo,lisne~. ',,:" , . .' . ~.
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5/15/96 Weaver ~ubr)1itsestimatet9 demolish house,
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6/10/96 H Quse ,demolished byw~?ve~:constr~cti~ria!"a~costof 'l,600~Oq.:, ,.
7/2/96
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Notice of sate bGilding' recorded 'at the Clerk'Of. the Court (B411'9PG294).
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7/5/96 City of Edgewater,files demolition lien forli67,4:00; "
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11/21/97 Lot tiearing' lien (B#4254PG#2120)~niOLJ;,~,~ue 62.50 +~% interest. '
1/3/01, Lot clearing lieh(B#46}ipG#~646)'amo'L1ntduej25.00 + 6%, interest
6/03
G ravestone"discovered 'o.n property CA.nn.:Curry);, , '
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7/03 Discove'red Ann Curry is.'not' burfed ,on 'site.
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9/2/03,', Outstanding utiHties bill 3,47,4.00. '
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PUBLIC
HEARING
q~
AGENDA REQUEST
Date: 9/15/03
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
xx
ITEM DESCRIPTION:
BACKGROUND:
Work Order for Engineering Services to
Gierok Engineering, Inc. for
Park Towne Industrial Center
Engineering Work Order 2002-13
This proposed work order is for construction phase engineering and inspection
services relating to Pullman Road which includes: periodic site inspections,
providing contract clarifications, reviewing/responding to RFI's
reviewing/recommending contract changes reviewing/recommending partial and
final payment applications, reviewing/approving shop drawings, attending periodic
construction meetings, providing geotechnical testing, and providing engineering
recommendations, guidance throughout the project and final certification of
completion.
Engineering Work Order 2002-14
This proposed work order is for design bidding, and construction services for
drainage and utility improvements to accommodate existing and proposed
development within Phase I of Park Towne Industrial Center. The proposed
engineering services addresses drainage improvements, sanitary sewer design, and
irrigation improvements along Timaquan Trail. Please refer to the attached
proposal for project specifics.
Engineering Work Order 2002-15
This proposed work order is for design, bidding, and construction services for
1,500 linear feet of roadway, utility, and drainage expansion including up to eight
acres of pond area for Park Towne Industrial Center in conformance with the
purchase sale agreement with Mr. John Massey. Please refer to the attached
proposal for project specifics.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed work orders (Gierok
Engineering, Inc.) to provide design, bidding, permitting,
construction management and inspection services related to road
and associated utilities improvements in Park Towne Industrial
Center. . The engineering fees associated with the work orders
have been negotiated as follows:
Engineering Work Order 2002-13
Engineering Work Order 2002-14
Engineering Work Order 2002-15
$37,980.00
$86,850.00
$86,820.00
ACTION REQUESTED:
A motion to approve the engineering services work orders (Gierok
Engineering, Inc.) to provide design, bidding, permitting, construction
management and inspection services relating to road and associated
utilities improvements in Park Towne Industrial Center, and authorization
for the City Manager to execute the related work orders. (2002-13,2002-
14,2002-15).
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
~
YES
NO
DATE:
AGENDA ITEM NO.
Respectfully submitted,
~~.\.0~~
Department Dl ctor
~ J ~.
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Robin Matusick, Paralegal "-
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Kenneth R. Hooper
City Manager
C:\MyDociments\TerrysFiles\AgendaRequest
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P.O. 2003-641
WORK ORDER NO. 2002-13
AGREEMENT FOR PROFESSIONAL SERVICES
GIEROK ENGINEERING, INC.
PROJECT:
ParkTowne Industrial Center
Pullman Road - Construction Services (PRO 0318)
CITY:
Edgewater, Florida
CONTRACTED
PROFESSIONAL:
Gierok Engineering, Inc.
Execution of Work Order Number 2002-13 by the City, shall serve as authorization for
Engineer to provide professional services for the above project.
RESPONSIBILITY OF THE ENGINEER:
Engineer shall provide said professional services pursuant to this Work Order, to perform the
professional services as listed in the attached Proposal relating to construction of Pullman Road
including periodic site inspections, contract clarifications, reviewing/responding to RFI's, contract
changes, payment applications, shop drawings, construction meetings, providing geotechnical testing
and engineering recommendations throughout the project pursuant to the Scope of Services (attached
hereto and incorporated herein as Attachment "A").
TIME FOR COMPLETION:
The professional services authorized by this Work Order shall not exceed a period of ninety
(90) days.
COMPENSATION:
The total fee for this Project will not exceed an amount of thirty-seven thousand nine hundred
(AgreementlEngineering Services - Gierok - Work Order#2002-13)
1
eighty and nollOO dollars ($37,980.00). Each invoice shall also be accompanied by a written "-
concurrence from the Director of Environmental Services.
o
CITY OF EDGEW A TER, FLORIDA
Dated:
By:
Kenneth R. Hooper
City Manager
WITNESSES:
GIEROK ENGINEERING, INC.
B4v.~
Kathleen NJGierok, P.E.
President
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Dated: 9' 3'03
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(AgreementJEngineering Services - Gierok - Work Order#2002-13)
2
1 ~ Gierok
6f1gineering, Inc.
Civil Design and Construction Services
August 14, 2003
PRO 0318
Mr. Terry Wadsworth
City of Edgewater
P.O. Box 100
Edgewater, FL 32132
SUBJECT: Proposal for Engineering Services
Pulh;nan RoadlParkTowne Industrial Center
Construction Services
Dear Terry:
We are pleased to present this proposal for construction services for above-referenced project.
The City has requested our services to oversee the construction of Pullman Road and associated
utilities, being completed in conjunction with NIT Holdings development contract. The project
includes the continuation of services related to our design of 800 LF of roadway and associated
potable water, sanitary sewer, and stormwater piping and stormwater ponds in the ParkTowne
Industrial Center.
o
Our services are specifically described in Attachment A, Scope of Services, and are generally
described as construction services including making periodic site inspections, providing
Contract clarifications, reviewing/responding to RFIs, reviewing/recommending contract
changes, reviewing/ recommending partial and [mal payment applications,
reviewing/approving shop drawings, attending periodic construction meetings, providing
geotechnical testing, and providing engineering recommendations and guidance throughout the
project. We have obtained the sub consultant services of Universal Engineering Sciences to
assist us with the completion of these tasks.
We are prepared to complete these tasks within the current time constraints ofthe Contract for
a lump sum of$37,980. We appreciate the opportunity to work on a continuing basis with the
City of Edgewater. If you have any questions or require further clarification do not hesitate to
contact me.
Very Truly Yours,
GIEROK ENGINEERING, INC.
J}-J.-UJ. P
Kathleen N. Gierok, P.E.
Principal
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1835 Edgewater Drive. Orlando. Florida. 32804
407.244. [$580 . fax 407.244.8581 . emai/: gierok@cfJ.rr.com
Attachment A - Scope of Services
Pullman RoadIParkTowne Industrial Center
Additional Design and Construction Services
Insp/
Task No. TASK DESCRIPTION/SCOPE OF SERVICES P.M. P.E. CAD WP Total
Fee estimate is based upon a six month construction
contract. $90/HR $75/HR $50/HR $40/HR
Additional Design and Bidding Services
1 Contractor/Developer coordination 18 10 8 18 54
2 Review of Developers plans for compliance with the
Covenants of Park Towne Industrial Center. 6 10 2 2 20
Additional Construction Services
Attend periodic progress and specially called meetings
3 throughout progress of work. Number of specially called
meetings estimated at eight (8) with an average duration of
two (2) hours. 16 8 0 4 28
Provide periodic site inspection for the project for the purpose
of determining if the work is proceeding in compliance with
4 the construction permit and approved plans and specifications.
Gierok Eng. will advise City of any defect of deficiency in the
work. 10 5 96 20 131
5 Review and approve Shop Drawings, Product Data and
Samples. 8 32 0 40 80
Review field questions and or problems (RFI's) and provide
6 interpretation of Contract Documents. Issue written
clarifications or interpretations of Contract Documents as
necessary. 24 12 8 8 52
7 Certify Partial and Final Pay Requests and associated releases
ofIiens. 20 8 0 8 36
Review, recommend and assist in negotiation of contract
8 modifications. Number of contract modifications estimated at
six (6). 20 10 5 8 43
Gierok Eng. to coordinate soils consultant for the soils
9 compaction and materials testing to verify compliance with the
Contract Documents. 10 10 0 8 28
. Conduct substantial and final completion inspections to
10 determine if Work is complete and prepare and distribute a
, punch list of items to be addressed. 8 0 0 1 9
11 Review of as-builts and completion of record drawings based
upon as-builts supplied by the Contractor's surveyor. 4 8 12 4 28
12 Prepare final change order and project close out. 4 4 0 2 10
Total Manhour Estimate 148 117 131 123 519
Total Man hour Fees $13,320 $8,190 $6,550 $4,920 $32,980
Other Direct Costs
13 Geotechnical Subconsultant $4,000
14 Mileage, phone, fax, plotting, printing $1,000
Total Estimated Fees $37,980
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P.O. 2003-646
WORK ORDER NO. 2002-14
AGREEMENT FOR PROFESSIONAL SERVICES
GIEROK ENGINEERING, INC.
PROJECT:
ParkTowne Industrial Center, Phase I
Drainage & Utility Improvements (PRO 0319)
Design, Bidding & Construction Services
CITY:
Edgewater, Florida
CONTRACTED
PROFESSIONAL: Gierok Engineering, Inc.
Execution of Work Order Number 2002-14 by the City, shall serve as authorization for
Engineer to provide professional services for the above project.
RESPONSIBILITY OF THE ENGINEER:
Engineer shall provide said professional services pursuant to this Work Order, to perform the
professional services as listed in the attached Proposal relating to development and implementation
of a drainage design to accommodate existing and proposed development within ParkTowne, Phase
I, to include but not be limited to design, bidding and construction services for drainage and utility
improvements pursuant to the Scope of Services (attached hereto and incorporated herein as,
Attachment "A").
TIME FOR COMPLETION:
The professional services authorized by this Work Order shall not exceed a period of one
hundred twenty (120) days.
COMPENSATION:
The total fee for this Project will not exceed an amount of eighty-six thousand eight hundred
(Agreement/Engineering Services - Gierok - Work Order#2002-14)
1
fifty and noll 00 dollars ($86,850.00). Each invoice shall also be accompanied by a written '"
concurrence from the Director of Environmental Services.
o
CITY OF EDGEW A TER, FLORIDA
Dated:
By:
Kenneth R. Hooper
City Manager
WITNESSES:
GIEROK ENGINEERING, INC.
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BY:~ I- J. ~
Kathleen N. erok, P.E.
President
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Dated: 9.8'03
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(Agreement/Engineering Services - Gierok - Work Order#2002-14)
2
'J" Gierok
Engineering, Inc.
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OO~@~llW~rn)~ r
Civil Design and Construction Services
. ~llV A1TORN~ J
August 22, 2003
PRO 0319
Mr. Terry Wadsworth
City of Edgewater
P.O. Box 100
Edgewater, FL 32132
SUBJECT: Proposal for Engineering Services
Phase 1. (parkTowne Industrial Center) Drainage and Utility Improvements
Design, Biddingand Construction Services
Dear Terry:
We are pleased to present this proposal for engineering services for above-referenced project.
The City has requested our services to develop and implement a drainage design to
accommodate existing and proposed development within Phase 1 of Park Towne Industrial
Center. The project includes the continuation of services related to our conceptual layout
provided in our preliminary analysis report titled ParkTowne Industrial Center Phase 1
Drainage Modifications. The proposed design addresses drainage improvements, sanitary
sewer design, and irrigation improvements along Timaquan Trail.
o
Our services are specifically described in Attachment A, Scope of Services, and are generally
described as design, bidding and construction services for the development of the identified
drainage and utility improvements. We have obtained the subconsultant services of Bechtol
Engineering and Testing, Inc. (geotechnical), Honeycutt and Associates (survey) and ESI
(environmental) and Spade Irrigation (irrigation) to assist us with the completion of these tasks.
We are prepared to complete the design portion of the tasks within 120 days of a written notice
to proceed. The design will be coordinated as much as possible with the development of the
adjacent properties.. Bidding and construction phase services will be completed in accordance
with a reasonable schedule developed during the design contract. We propose to complete all
tasks for a lump sum of $86,850. We appreciate the opportunity to work on a continuing basis
with the City of Edgewater. If you have any questions or require further clarification do not
hesitate to contact me.
Very Truly Yours,
GIEROK ENGINEERING, INe.
~.~
O Kathleen N.Gierok, P.E.
President
1835 Edgewater Drive. Orlando. Florida. 32804
407.244.8580 . fax 407.244.8581 . email: gierok@cfl.rr.com
'v
Attachment A - Scope of Services (PRO-0319)
o
P.M./ CADI
Task No. TASK DESCRIPTION/SCOPE OF SERVICES C.A. P.E. Insp. WP Total
$90/hr $75/hr $50/hr $40/hr
PART A DESIGN AND PERMITTING SERVICES
I Meet with City Staff to confirm pond configuration and design
premise. 4 4 I I 10
2 Coordinate with affected property owners to develop an
implementation schedule and needs assessment. 24 12 2 2 40
3 Assist in obtaining required easements for drainange and sanitary
sewer facilities. 12 8 4 4 28
4 Reviw current data, mapping and design parameters 8 8 2 2 20
5 Coordinate all preliminary design services including surveying and
geotechnical services 12 24 3 8 47
Develop project construction plans for three (3) ponds and
6 connections to outfalls and 1200 LF of sanitary sewer piping
including the following sheets: (1) Cover Sheet/General Notes (1)
Overall Site Plan (3) Grading Plan (5) Profile (3) Details 24 40 72 8 144
7 Develop Project Specifications and Contract. 40 8 2 20 70
8 FDEP Permitting 4 8 4 4 20
9 SJRWMD Permitting 6 16 5 4 31
Submit set(s) of construction plans to City to review at 60% and
10 90% completion levels. Revise plans per City comments. Includes
two meetings with City Staff. 16 24 16 4 60
1 I Prepare and submit six (6) sets offmal construction
plans/documents (100% complete) to City. 1 2 4 4 11
SUBTOTAL WORKHOURS-PART A 151 154 115 61 481
SUBTOTAL HOURLY FEES - PART A $13,590 $11 ,550 $5,750 $2,440 $33,330
PART B BIDDING AND CONSTRUCTION PHASE SERVICES
1 Bidding assistance. 8 10 8 16 42
2 Conform Contract Documents 8 12 8 16 44
3 Prepare pre-con booklet, conduct and attend precon meeting. 12 4 0 4 20
SUBTOTAL WORK HOURS - PART B 28 26 16 36 106
SUBTOTAL HOURLY FEES - PART B $2,520 $1,950 $800 $1,440 $6,710
PART C CONSTRUCTION PHASE SERVICES
Attend periodic progress and specially called meetings throughout
1 progress of work. Number of specially called meetings estimated
at eight (8) with an average duration of two (2) hours. 16 8 0 4 28
Provide periodic site inspection for the project for the purpose of
2 determining if the work is proceeding in compliance with the
construction permit and approved plans and specifications. Gierok
Bng. will advise City of any defect of deficiency in the work. 10 5 96 20 131
City of Edge water
ParkTowne Industrial Center -Phase 1 Drainage and Utility Improvements
Coordination, Design, Bidding and ConstruCtion Services
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Attachment A - Scope of Services (PRO-0319)
c
P.M.I CADI
Task No. TASK DESCRIPTION/SCOPE OF SERVICES C.A. P.E. Insp. WP Total
3 Review and approve Shop Drawings, Product Data and Samples. 6 24 0 24 54
Review field questions and or problems (RFI's) and provide
4 interpretation of Contract Documents. Issue written clarifications
or interpretations of Contract Documents as necessary. 18 12 8 8 46
5 Certify Partial and Final Pay Requests and associated releases of
liens. 16 8 0 8 32
Review, recommend and assist in negotiation of contract
6 modifications. Number of contract modifications estimated at six
(6). 20 10 5 8 43
Gierok Eng. to coordinate soils consultant for the soils compaction
7 and materials testing to verify compliance with the Contract
Documents. 10 24 0 8 42
I\....onouct substantial and tmal completIOn mspectIons to determme
8 if Work is complete and prepare and distribute a punch list of
items to be addressed. 8 0 0 I 9
9 Review of as-builts and completion of record drawings based upon
as-builts supplied by the Contractor's surveyor. 4 8 12 4 28
10 FDEP and SJRWMD permit closeout 3 6 2 2 13
11 Prepare final change order and project close out. 4 4 0 2 10
115 109 123 89 436
$10,350 $8,175 $6,150 $3,560 $28,235
OTHER DIRECT COSTS
Topographic Survey (Design phaseonly)(Includes topographic
survey for parcel A-7, +1-1.5 acre pond area on Oscar Zellar's
I property, +1-2.5 acres pond area to the south of Boston Whaler and
a 30-foot utility and drainage easement along Oscar Zellar's
property along Timaquan Trail.) $4,140
2 Tree Survey (Includes parcels A-3, A-4, A-5, and A-7) $3,335
3 Geotechnical Services (Design Services only) $3,800
4 Environmental Services (Design Services only) $3,700
5 Irrigation Design $2,500
6 Deliverables (60%, 90% 100% Contract Documents, SJRWMD
permitting submittals) $600
7 Mileage, Fax and Phone $500
SUBTOTAL -ODC $18,575
PROJECT TOTALS $16,110 $13,500 $6,550 $3,880 $86,850
City of Edgewater
ParkTowne Industrial Center -Phase 1 Drainage and Utility Improvements
Coordination, Design, Bidding and Construction Services
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P.O. 2003-653
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WORK ORDER NO. 2002-15
AGREEMENT FOR PROFESSIONAL SERVICES
GIEROK ENGINEERING, INC.
PROJECT:
ParkTowne Industrial Center
Massey Roadway, Drainage & Utility Development (PRO 0320)
Design, Bidding and Construction Services
CITY:
Edgewater, Florida
CONTRACTED
PROFESSIONAL: Gierok Engineering, Inc.
Execution of Work Order Number 2002-15 by the City, shall serve as authorization for
Engineer to provide professional services for the above project.
RESPONSIBILITY OF THE ENGINEER:
Engineer shall provide said professional services pursuant to this Work Order, to perform the 0
professional services as listed in the attached Proposal and in conjunction with the purchase/sale
agreement with John Massey, services relate to design and implementation of I ,500 LF of roadway,
utility and drainage expansion including up to eight acres of pond area including design, bidding and
construction services for the development of the identified roadway drainage and utility
improvements pursuant to the Scope of Services (attached hereto and incorporated herein as
Attachment "A").
TIME FOR COMPLETION:
The professional services authorized by this Work Order shall not exceed a period of one
hundred fifty (150) days.
(Agreement/Engineering Services - Gierok - Work Order#2002-15)
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COMPENSATION:
The total fee for this Project will not exceed an amount of eighty six thousand eight hundred
twenty and noll 00 dollars ($86,820.00). Each invoice shall also be accompanied by a written
concurrence from the Director of Environmental Services.
CITY OF EDGEW ATER, FLORIDA
Dated:
By:
Kenneth R. Hooper
City Manager
WITNESSES:
GIEROK ENGINEERING, INC.
By:
Kathleen N. Gierok, P.E.
President
Dated:
(Agreement/Engineering Services - Gierok - Work Order#2002-15)
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........
. Cierok.
Engineering, Inc.
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eMI ""(~'. ..~ Const",q/.. Serv"" 0
September 12,2003
PRO 0320
Mr. Terry Wadsworth
City of Edgewater
P.O. Box 100
Edgewater, FL 32132
SUBJECT: Proposal for Engineering Services
Massey Roadway, Drainage, and Utility Development
Design, Bidding and Construction Services
Dear Terry:
Weare pleased to present this proposal for engineering services for above-referenced proj ect.
The City has requested our services to design and implement 1,500 LF of roadway, utility and
drainage expansion including up to eight acres of pond area, for ParkTowne Industrial Center in
conformance with. the purchase sale agreement with Mr. John Massey.
Our services are specifically descnbed in Attacbment ~ ScQpe of Services. and are generally
described as design, bidding and construction services for the development of the identified
roadway drainage and utility improvements. We have obtained the subconsultant services of
Universal Engineering Sciences (geotechnical), Honeycutt and Associates (survey) and Miller, 0
Sellen, Connor and Walsh (environmental) to assist us with the completion of these tasks.
We are prepared to complete the design portion of the tasks within 150 days of a written notice
to proceed. The design will be coordinated as much as possible with the development of the
adjacent properties. Bidding and construction phase services will be completed in accordance
with a reasonable schedule developed during the design contract. We propose to complete all
tasks for a lump sum of $86,820. We appreciate the opportunity to work on a continuing basis
with the City of Edgewater. If you have any questions or require further clarification do not
- hesitate to contact me.
v cry Truly Yours,
GIEROK ENGINEERING, INC.
cj)~.~
Kathleen N. Gierok, P.E.
President
1835 EdgewDter Drive. Orlando. Florida. 32804
407.244.8580 fax 407.244.8581 . una/I: gJerak@cfl.rr.com
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Attaclnnent A - Scope of Services
Massey Roadway, Drainage, and Utility DevelopmentIParkTowne Industrial Center
Design and Construction Services
IDSpI
Task No. TASK DESCRlPTIONISCOPE OF SERVICES P.M. P.E. CAD WP Total
tFee estllWlte Is bued upon a eidt (8) month construction contract. S901HR $75/HR SSOIHR $401HR
1 Coordination with City and developer 8 6 2 2 18
Analyze exIsting conditions for the Massey and Morgan
2 properties and develop a conceptual layout for the proposed
roadway and drainage system for approximately 100 acres of
land. 8 20 8 4 40
3 Develop a report stating the findings of tile analysis 4 10 2 4 20
SUBTOTAL WORK HOURS - PART A 20 36 12 10 78
SUBTOTALHOURLYFEES-PART A $1,800 $2700 $600 $400 $5.500
tDesl2n Services
1 Meet with City Staff and developer to confirm roadway
aIisznment and oond confiwration and dcsi se. 4 4 1 1 10
2 Coordination with property owner to develop an
implementation schedule and needs assessment. 10 4 2 2 18
3 Assist in obtaining required easements for drainange fucilities
and utilities (if necessary). 4 4 1 1 10
4 Reviw current data. and desil!llDarameters 8 8 2 2 20
5 Coordinate all preliminary design services including surveying
and lteotecbnical services 16 10 2 8 36
Develop project oonstruction plans fur 1500 Lt' at roadway,
stonnwater piping, two (2) ponds 1500 LF of sanitary sewer
6 and potable water piping including the following sheets: (I)
Cover Sheet/General Notes (I) Overall Site Plan (1) Grading
Plan (3) Profile (2) Details 24 40 80 8 15
7 Devcloo PrQiect Soecifieatioos and Contract. 40 12 2 20 7
8 FDEPPermitting 8 8 4 4 2
9 SJRWMD PermittiIut 12 24 8 8 5
Submit set(s) of construction plans to City to review at 60%
10 and 90% completion levels. Revise plans per City connnents.
Includes two me~s with City Staff. 10 16 12 4 42
11 Prepare and submit SIX (6) sets oltmal construction
plans/documents (1()()o,4 complete) to City. 2 4 6 6 18
SUBTOTAL WORK HOURS - PART A 138 134 120 64 456
SUBTOTAL HOURLYFEES-PART A $12,420 $10,050 $6,000 $2.560 $31,030
Blddiug Services
1 CootractorlDeveloper coordination 12 4 4 12 32
2 g Construction Documents 6 6 10 10 32
SUBTOTAL WORK HOURS - PART B 18 10 14 22 64
SUB".uTA. Y ....EJi2i - PART II $1,620 $750 $700 $880 $3.95<l
Attaclnnent A - Scope of Services
Massey Roadway, Drainage, and Utility Development/ParkTowne Industrial Center
D. d C tructi S .
eSlgn an ons on ervIces
InspJ
Task No. TASK DESCRIPTION/SCOPE OF SERVICES P.M. PA CAD WP Total
Con&tructloD Serv1c:es
1 Conduct and attend Pre-construction meeting. including
!preparation of a Pre-construct.ion Booklet. 12 4 0 4 20
Attend periodic progress and specially called meetings
2 throughout progress of work. Number of specially called
meetings estimated at eight (8) with an average duration of two
(2) hours. 24 8 0 8 40
Provide periodic site inspection for the project foc the purpose
3 of determining if the work is proceeding in compliance with
the construction permit and approved plans and specifications.
Gierok Eng. wm advise City of any defect of deficiency in the
work. Regulae site visits are anticillated for seven (7) months. 14 7 140 30 191
4 Review and approve Shop Drawings, Product Data and
Samples. - 8 36 0 24 68
Review field questions and or problems (RFI's) and provide
5 interpretation of Contract Documents. Issue written
clarifications or inrerpretatioos of Contract Documents as
n ]2 10 4 4 30
6 CertifY Partial and Final Pay Requests and associated releases
ofliens. 24 8 0 8 4(]
Review, recommend and assist in negotiation of contract
7 modifications. Number of contract modifications estimated at
five(S). 20 5 4 5 34
Gierok Eng. to coordinate soils consultant foc 1lte soils
8 compaction and materials testing to verify compliance with the
Contract Documents. 12 24 0 8 44
Conduct substantial and final completion inspectioos to
9 detcnnine if Wcrk is complete and prepare and distribute a
,punch list ofitems to be addressed. 8 0 0 2 10
to Review of as-builts and completion ofn:cord drawings based
upon as-builts supplied by the Contractor's surveyor. 4 4 2 2 1
11 Prepare final change ocder and project close out. 10 5 0 4 1
SUBTOTAL WORKHOURS~PART C 148 111 150 99 50
FEES - PART C $13,320 $8.325 $7,500 $3.960 $33.105
Other Direct C08UJ
1 Survey Services (Includes topo SIJl'Vey ofroadway a1igmnent
and 1lD to eillht (8) acres of oond area.) $4,235
2 Oeotechnical Services (Design services only. lncludes 8 soil
bocinRS) $4.500
Environmental Services (Wetland Location only- Threatened
3 and Endangered Species permitting to be completed by
developer.) $3,00
4 Milea2e. phone. fax, })lottin~ lJrintinJt $1,50
SUBTOTAL ~ ODO $13.23
Total Estimated Fees $86,820
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AGENDA REQUEST
Date: September 10. 2003
PUBLIC
HEARING 09/22/2003
RESOLUTION
ORDINANCE
CONSENT
OTHER
BUSINESS
CORRESPONDENCE
ITEM DESCRIPTION:
Ordinance No. 2003-0-22 Millage Rate
Ordinance No. 2003-0-23 Budget for fiscal year 2003 - 2004
BACKGROUND:
In accordance with Florida statutory requirements, the City of Edgewater advertised a Notice of
Public Hearing informing the public/citizens of the Special MeetinglPublic Hearing regarding the
final millage rate and budget for the fiscal year 2003 - 2004.
On July 21, 2003, Council approved advertising a millage rate of 6.95 mills per $1,000.00 of
assessed taxable value. This millage rate is the same as last fiscal year 2002-2003.
On June 15, 2003, Council reviewed the preliminary budget for Fiscal Year 2003-2004. The final
budget is attached with the changes requested by Council at that meeting and the first reading of this
ordinance.
STAFF RECOMMENDATION:
Staff respectfully recommends that Council consider approval of Ordinance No. 2003-0-22 and
Ordinance No. 2003-0-23 which adopts the final millage rate and budget for fiscal year 2003 - 2004.
ACTION REQUESTED:
Approval of Ordinance No. 2003-0-22 and 2003-0-23.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES X
NO
DATE: 9/22/03
AGENDA ITEM NO. ---.l
Respectfully submitted,
Concurrence:
L/d~/~
~. WIlhams
Finance Director
~ ~i'rl,;d,.J::-.J'.r. .J\
Robin L. Ma usick \
Legal Assistant
~l~cfJ;~
Kenneth R. Hooper
City Manager
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ORDINANCE NO. 2003-0-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA; ESTABLISHING A MILLAGE
RATE FOR AD VALOREM TAXES FOR THE CITY OF
EDGEWATER FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2003, AND ENDING SEPTEMBER 30, 2004,
STATING THE PERCENTAGE BY WHICH THE MILLAGE
RATE EXCEEDS THE ROLLED-BACK RATE COMPUTED
PURSUANT TO SECTION 200.065, FLORIDA STATUTES;
PROVIDING FOR MILLAGE ADJUSTMENT; PROVIDING
FOR COLLECTION OF TAXES; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE
AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. The City of Edgewater, Florida, has received the report of the V olusia County
Property Appraiser dated July 1, 2003, stating the amount of assessed values which he has certified
to the Florida Department of Revenue for non-exempt real and tangible personal property within the
City for the year 2003; and
2. In order to provide the revenue necessary for the operation of the City for its Fiscal
Year beginning October 1,2003, and ending September 30,2004, the City Council of the City of
Edgewater has determined the rate of ad valorem tax levy that must be assessed for the year 2003;
and
3. The provisions of Chapter 200 of the Florida Statutes prescribing the method of fixing
millage have been complied with;
NOW, THEREFORE, BE IT ENACTED by the City Council ofthe City of Edgewater,
Florida as follows:
Stltlc,k tlHotl~ll passages are deleted.
Underlined passages are added.
2003-0-22
I
SECTION 1. Authority. The City Council of the City of Edgewater has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution ofthe State of Florida and Chapters
166 and 200, Florida Statutes.
SECTION 2. Millage Levy. The City Council of the City of Edgewater hereby adopts,
establishes and levies a millage rate for ad valorem taxation of real and business personal property
within the City of Edgewater, Florida, for the fiscal year beginning October 1, 2003 and ending
September 30, 2004, at the rate of $6.95 per $1,000 of assessed valuation.
SECTION 3. Percentage Increase of Rolled-Back Rate. The millage rate, as herein levied,
exceeds the rolled-back rate computed pursuant to Section 200.065, Florida Statutes, by 8.56%, such
percentage increase being characterized as the percentage increase in property taxes adopted by the
City Council of the City of Edgewater.
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SECTION 4. Millage Adjustment. The City Council hereby authorizes the City Manager 0
to administratively provide the Property Appraiser with the millage adjustment, pursuant to his report
of the aggregate change in the assessment roll as provided for by Section 200.065(5), Florida
Statutes.
SECTION 5. Collection of Taxes. The tax shall be collected by the Volusia County Tax
Collector, subject to discounts prescribed by law, and distributed to the City in accordance with
Florida law.
SECTION 6. Severability. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
StlUGk thlough passages are deleted.
Underlined passages are added.
2003-0-22
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SECTION 7. Effective Date. This Ordinance shall become effective immediately upon
passage and adoption.
SECTION 8. Adoption.
After Motion by Councilwoman Lichter and Second by Councilman Hammond, the vote on
the first reading of this ordinance held on September 8, 2003, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Mryon F. Hammond X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
<.) After Motion by and Second by
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
<.)
StI tick till otlg,l. passages are deleted.
Underlined passages are added.
2003-0-22
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PASSED AND DULY ADOPTED this 22nd day of September, 2003.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
StI nck till ongh passages are deleted.
Underlined passages are added.
2003-0-22
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 22nd day
of September, 2003 under Agenda Item No.
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ORDINANCE NO. 2003-0-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEW ATER, FLORIDA; ADOPTING A FINAL BUDGET
FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2003
AND ENDING SEPTEMBER 30, 2004; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE
AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. The City Manager of the City of Edge water, Florida has submitted an estimate of the
expenditures necessary to carry on the City Government for the Fiscal Year beginning October 1,
2003 and ending September 30, 2004;and
2. The estimated revenues to be received by the City during said period from Ad
Valorem taxes and other sources have been submitted to the City Council; and
3. All applicable legal requirements pertaining to public notices and hearings have been
satisfied within specified deadlines and prior to final adoption of this Ordinance; and
4. The City Council has, in meeting duly assembled, examined and carefully considered
the proposed budget;
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Edge water,
Florida as follows:
SECTION 1. Authority. The City Council of the City of Edgewater has the authority to
adopt this Ordinance pursuant to Article VIII ofthe Constitution of the State of Florida and Chapters
166 and 200, Florida Statutes.
SECTION 2. Adoption of Final Budget. Attached hereto as Schedule "A" and incorporated
herein by reference is the final budget for the City of Edgewater for the Fiscal Year beginning
Stltlck t1uongh passages are deleted.
Underlined passages are added.
2003-0-23
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.
,
October 1,2003 and ending September 30,2004, said final budget being hereby confirmed, adopted
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and approved in all respects by the City Council of the City of Edgewater.
SECTION 3. Appropriations. There are hereby expressly appropriated out of anticipated
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revenues all funds and monies necessary to meet the appropriations stipulated by and in said final
budget.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
SECTION 5. Effective Date. This Ordinance shall become effective immediately upon
passage and adoption.
SECTION 6. Adoption.
After Motion by Councilman Brown and Second by Councilwoman Rhodes, the vote on the
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first reading of this ordinance held on September 8, 2003, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Myron F. Hammond X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
Stl t1Gk tIll otlgh passages are deleted.
Underlined passages are added.
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2003-0-23
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After Motion by
and Second by
the vote on the second reading of this ordinance was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 22nd day of September, 2003.
ATTEST:
Susan J. Wadsworth
City Clerk
F or the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
StI11ck t111011~h passages are deleted.
Underlined passages are added.
2003-0-23
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 22nd day
of September, 2003 under Agenda Item No.
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