08-18-2003 - Workshop/Regular
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-PUBLIC NOTICE-
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The Bdgewater City Counoil will hold a Workshop Session at 6:00 p.m., Monday, August
18,2003, in the Community Center to hear presentations by Katie Gierok, Gierok Engineering, and
Dana Smith, D. 1. Designs, regarding Regions Bank and Tracy Crowe and Mark Stehli, Land
D~Sign InnQv~ti()llS, r~g~rging b~~l,ltific;~tiQn Qf SR 442.
Voting Order
CouncilwomanRhodes
(.f!lI!lqil,wf}T1I{1!I [jc/:1ter
Mayor Schmidt
Councilman Brown
CouncilmanHammond
AGENDA
CITY COUNCIL OF EDGEW A TER
REGULAR MEETING
August 18, 2003
7:00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLBGIANCE
2. AFPROV AL OF MINUTES
A R~gl,ll~r M~~ting Qf Jl,lly 21, 2003
3, PRESENT A TIQNS/PRQCLAMA TIQNS/PLAQUES/CERTIFICA TES/DQNA TIQNS
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
smt~ YQl,lr n~m~ ~ng ~gdr~ss, ~ng pl~~$~ limit YQ~Jr ~Qmm~nt$ tQ five minut~$ Qr I~$$,
5. CITY COUNCIL REPORTS
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A 200 Reading, Ord. No. 2003-0-05, Glenn Storch, authorized agent for
Hacienda Development Corp., requesting amendment to the Official Future
Land Use Map to include 18.27:t acres of land located east of US 1 and west
of Hacienda del Rio from County Urban Medium Density and Commercial
to City Commercial with Conservation Overlay.
B. 2nd Reading, Ord. No. 2003-0-06, amending the Comprehensive Plan Ord.
No. 90-0-18, by amending the Official Future Land Use Map to include
certain properties within the Washington Park subdivision which is located
south of 35th Street in Florida Shores as Low Density Residential with
Conservation Overlay.
C. 1st Reading, Ord. No. 2003-0-17, owner John D. Adkins requesting a change
in zoning classification from City R" 1 (Single Family Residential) to City R"
3 (Sin~le Family Residential) for property located at 1320 S. Riverside Drive.
D. 18t Reading, Ord. No. 2003~Q,.20, authorizing Decade of Excellence Capital
Programs and establishing November 4,2003, as date for Referendum.
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City Council Agenda
August 18, 2003
Page -2-
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS Cont.
E. Res. No. 2003-R-15 and Easement Agreement, owners Lori Krueger and
Anthony Ramon requesting the abandonment/vacation of two (2) 5 x I 00 foot
utility easements located on the southern most portion of Lot 132 and
northern most portion of Lot 133 Wildwood Subdivision, and an Easement
Agreement relocating the abandoned area.
F. Res. No. 2003-R-17, amending the By-laws of the Recreation/Cultural
Services Board for a uniform set of procedures in conjunction with other City
Boards.
G. Res. No. 2003-R-18, agreeing to negotiate in good faith with V olusia County
to establish a mutual interlocal agreement providing for emergency medical
services and closest unit response, and establishing opposition of a proposed
Volusia County Emergency Medical Services Ordinance.
7. BOARD APPOINTMENTS
None at this time.
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.
None at this time.
9. OTHER BUSINESS
A. Interlocal Agreement s staff recommending approval of the proposed
Interlocal Agreement concerning the distribution of Local Option Fuel Tax
and authorizing the Mayor or City Manager to execute the Interlocal
Agreement.
B. Tree Permit for Removal of two (2) Historic Live Oak Trees - Holiday
Builders, Inc., 2521 Mango Tree Drive, is requesting a Tree Permit to
r~mov~ on~ 42 inch historic liv~ oak troo and on~ 47.5 inch historic liv~ oak
tree from this property to build a new single family residence.
C. Terra Mar Sewer System Rehabilitation - staff recommending approval to
piggyback City of Port Orange bid for "Sewer System Rehabilitation Lateral
Lining" by S.O.S. Construction Corporation at a cost of $161,800.00 and
authorize the Mayor to execute the contract documents.
D. Proposed Regions Bank Purchase - recommending authorization to send
offer letter to Regions Bank (work session item).
E. SR 442 Beautification Proiect - recommending approval of SR 442
B~,u,ltification Proj~ct (work ~~~~ion it~m),
10. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
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City Council Agenda
August 18, 2003
Page -3-
11. 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 inolusion on the September 8, 2003, agenda must be reoeived by the City
Ma,na,g~r'~ QffiG~ nQ la,t~r tha,n 4:30 p,m, Tl,U~~(I~y, S~p.~mb~r 2, 2003.
Pursuant 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 individual will need a record of the proceedings and will 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: July 28. 2003
PUBLIC
HEARING
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RESOLUTION
ORDINANCE August 18. 2003
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION
Ordinance No. 2003-0-05
Glenn D. Storch, authorized agent for Hacienda Development
Corp., requesting an amendment to the Future Land Use Map to
include approximately 18.27 acres ofland located east of U.S.
Highway 1 and west of Hacienda Del Rio (pill # 8538-01-00-
0019), as City Commercial with Conservation Overlay. Property
is currently classified as Volusia County Urban Medium Density
and Commercial.
BACKGROUND
At the March 17, 2003 meeting City Council adopted an Ordinance to annex this property into the City of Edge water.
This Comprehensive Plan Future Land Use Map amendment is a portion of the first large scale Future Land Use
amendment submittal to the Florida Department of Community Affairs (DCA) in 2003. The City is allowed to submit
two (2) large scale amendments (properties of 1 0 acres or more) to DCA per year. This amendment is before Council for
final adoption after certification from the V olusia Growth Management Commission and determination from DCA that the
amendment is in compliance with all State regulations.
City Council voted to approve the Comprehensive Plan amendment at first reading on April 7,2003. The City did not
receive any objection from DCA regarding this amendment.
STAFF RECOMMENDATION
Staff recommends adoption of the Future Land Use Map amendment to include approximately 18.27 acres of
land located east of U.S. Highway 1 and west of Hacienda Del Rio (PID # 8538-01-00-0019), as City Commercial
with Conservation Overlay.
ACTION REQUESTED
Motion to adopt Ordinance No. 2003-0-05.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGE~A ITEM:
DATE: 4-1-03
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YES X
NO
AGENDA ITEM NO.
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Kenneth R. Hooper -, - \1\'
City Manager \ V
CPA-0301
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CITY OF EDGEWATER
COMPREHENSIVE PLAN MAP AMENDMENT
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Land Use Map Amendment CPA-0301
L GENERAL INFORMATION
A. Requested Future Land Use Change:
From -V olusia County Commercial
To -:- City of Edge water Commercial with Conservation Overlay
B. Applicant: Glenn D. Storch
420 S. Nova Road
Daytona Beach FL 32114
Owner: Hacienda Development Corp.
C. Location: East of US Highway 1 and west of Hacienda Del Rio
D. Acreage: 18.27 Acres
E. Current Use of Property: The parcel is currently vacant.
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F. Proposed Use of Property: There are no proposals for development at this time.
G. Parcel Identification Number(s): 8538-01-00-0019
H. Adjacent Current and Future Land Uses:
Current Land Use FLUM Designation Zoning District
North Vacant V olusia County Commercial Volusia County B-4W (General
Commercial)
East Mobile Home Subdivision Volusia County Urban Medium Volusia County MH-I (Mobile
Intensitv Home Park)
South Concrete plant V olusia County Industrial I-3W (Waterfront Industrial)
West Vacant (Edgewater City Commercial and Low Density City RPUD (Residential
Lakes) Residential! V olusia County Planned Unit Development)/
Industrial Volusia County I-I (Light
Industrial) and 1-4 (Industrial
Park)
CPA-0301
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CPA-0301
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ANALYSIS
A. Background: This parcel is located along the east side of US Highway 1, west of
the Hacienda Del Rio development. It is currently vacant with no immediate plans
for development. The proposed commercial Future Land Use 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 along US Highway 1
within the City limits is designated Commercial.
B. Land Use Compatibility: The commercial designation of this property is
compatible and consistent with the adjacent commercial parcels with frontage on
US Highway 1.
C. Adequate Public Facilities: This site is within the City retail water and sewer
service area and has access to US Highway 1. All concurrency requirements shall
be addressed at such time development is proposed.
D. 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.
E. Consistency with Comprehensive Plan: The land use amendment from V olusia
County Commercial to City of Edge water Commercial with Conservation Overlay is
consistent with the objectives the City's Comprehensive Plan.
F. Other Matters: There are no other known matters regarding this site.
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ORDINANCE NO. 2003-0-05
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AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 90-0-18, BY AMENDING THE OFFICIAL FUTURE
LAND USE MAP TO INCLUDE PROPERTY LOCATED
EAST OF U.S. HIGHWAY NO.1 AND WEST OF HACIENDA
DEL RIO (PARCEL IDENTIFICATION #8538-01-00-0019) AS
COMMERCIAL WITH CONSERVATION OVERLAY;
PROVIDING FOR PUBLICATION; PROVIDING FOR
HOLDING PUBLIC HEARINGS; PROVIDING FOR
TRANSMITTING THIS COMPREHENSIVE PLAN
AMENDMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, THE VOLUSIA GROWTH
MANAGEMENT COMMISSION, VOLUSIA COUNTY, THE
REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT, THE DEPARTMENT
OF ENVIRONMENT AL PROTECTION, THE FLORIDA
DEPARTMENT OF TRANSPORTATION AND ANY OTHER
UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL
AGENCY THAT HAS REQUESTED A COPY OF THE PLAN
AMENDMENT; PROVIDING FOR CONFLICTING
PROVISIONS AND PROVIDING FORAN EFFECTIVE DATE.
WHEREAS, from time to time it becomes necessary to amend the City of Edgewater
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Comprehensive Plan, and
WHEREAS, a Public Hearing on the question of designating a future land use classification
of the property hereinafter described has been duly held in the City of Edgewater, Florida and at
such hearing, interested parties and citizens for and/or against the proposed designation of the future
land use classification was heard; and
WHEREAS, such amendments are permitted subject to the provisions of Chapter 163, F.S.
and Rule 9J-11, F.A.C.
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency,
held an advertised Public Hearing pursuant to 163.3164(18) & 163.3174(4) (a), Fla. Stat. (2002),
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on Wednesday, March 12, 2003, on the proposed Plan Amendment and following that Public
Hearing voted and recommended that the City Council approve the aforesaid Amendment to the
City's 1990 Comprehensive Plan; and
WHEREAS, the City Council feels it is in the best interests of the citizens of the City of
Edgewater to amend its 1990 Comprehensive Plan as more particularly set forth hereinafter.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW ATER, FLORIDA:
PART A.
AMENDMENT.
That Article I, Section 21-04 of the City of Edgewater's Land Development Code, as
amended and supplemented said Article adopting the Comprehensive Plan ofthe City of Edge water,
Florida regulating and restricting the use oflands located within the City of Edge water, Florida, be,
and the same is hereby amended by this plan map amendment to: Amend the Official Future Land
o Use Map to include property as Commercial with Conservation Overlay for property described in
Exhibits "A" and "B".
PART B.
PUBLICATION.
That the notice of this proposed change of the Edgewater Comprehensive Plan shall be
published in the manner prescribed by 163.3184 ( 15) (c), Fla. Stat. (2002). The City Council shall
hold at least TWO (2) advertised Public Hearings on the proposed Comprehensive Plan Amendment.
The first publication shall appear at least SEVEN (7) days before the first Public Hearing
(Transmittal Hearing). 163.3184 (15) (b) 1., Fla. Stat. (2002). The second publication shall appear
at least FIVE (5) days before the second Public Hearing (Adoption Hearing). 163.3184 (15) (b) 2.,
Fla. Stat. (2002). The required advertisement shall be no less than two columns wide by TEN inches
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(10") long in a standard-size or tabloid-size newspaper, and the headline in the advertisement shall
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be no smaller than EI GHTEEN (18) point. The advertisement shall not be placed in a portion of the
newspaper where legal notices and classified advertisements appear. The advertisement shall be
placed in a newspaper of general paid circulation in the City of Edgewater, and of general interest
and readership in the municipality, not one oflimited subject matter, pursuant to Chapter 50 ofthe
Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is
published at least FIVE (5) days a week, unless the only newspaper in the municipality is published.
less than FIVE (5) days a week. 163.3184 (15) (c) 2.b., Fla. Stat. (2002). The advertisement shall
substantially be in the following form:
Notice of Land Use Change
The City of Edgewater proposes to adopt the following ordinance:
ORDINANCE NO. 2003-0-05
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 90-0-18, BY AMENDING THE OFFICIAL FUTURE
LAND USE MAP TO INCLUDE PROPERTY LOCATED
EAST OF U.S. HIGHWAY NO.1 AND WEST OF HACIENDA
DEL RIO (PARCEL IDENTIFICATION #8538-01-00-0019) AS
COMMERCIAL WITH CONSERVATION OVERLAY;
PROVIDING FOR PUBLICATION; PROVIDING FOR
HOLDING PUBLIC HEARINGS; PROVIDING FOR
TRANSMITTING THIS COMPREHENSIVE PLAN
AMENDMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, THE VOL USIA GROWTH
MANAGEMENT COMMISSION, VOLUSIA COUNTY, THE
REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT, THE DEPARTMENT
OF ENVIRONMENTAL PROTECTION, THE FLORIDA
DEPARTMENT OF TRANSPORTATION AND ANY OTHER
UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL
AGENCY THAT HAS REQUESTED A COPY OF THE PLAN
AMENDMENT; PROVIDING FOR CONFLICTING
PROVISIONS AND PROVIDING FORAN EFFECTIVE DATE.
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U Public hearings on the ordinance changing the Future Land Use Map will be held on April 7, 2003
at 7:00 p.m. at the Community Center, 102 N. Riverside Drive, Edgewater, Florida 32132.
(map for insertion into the advertisement is attached hereto and
incorporated herein as Exhibit "B'')
The advertisement shall contain a geographical-location map which clearly indicates the area
covered by the proposed ordinance. The map shall also include major street names as a means of
identification ofthe general area. 163.3184 (15) (c) & 166.041 (3) (c) 2.b., Fla. Stat. (2002).
PART C.
PUBLIC HEARINGS.
That as a condition precedent to the adoption of this ordinance amending the City's 1990
Comprehensive Plan, the City Council shall hold at least two advertised public hearings on the
proposed comprehensive plan or plan amendment as follows: The first public hearing shall be held
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at the transmittal stage pursuant to subsection 163.3184 (15) (b), Fla. Stat. It shall be held on a
weekday at least 7 days after the day that the first advertisement is published. The second public
hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day
that the second advertisement is published. 163.3184, Fla. Stat. (2002). The Adoption Hearing shall
be held within 120 days of the Department of Community Affairs having issued its Objections,
Comments, and Recommendations Report to the City.
PARTD.
TRANSMITT AL OF AMENDMENTS TO PLAN.
Immediately following the Transmittal Hearing, the City Manager or his designee shall send
SIX (6) copies of the proposed Plan Amendment to the Florida Department of Community Affairs,
Division of Community Planning, Plan Processing Team, and all other items specified to be
transmitted in accordance with Rule 9J-ll.006, F.A.C. The City Manager or his designee shall also,
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immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendment
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to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the
St. Johns River Water Management District, (Water Management District), Florida Department of
Transportation, Department of Environmental Protection and to any other unit oflocal government
or governmental agency in the State that has filed a written request with the City of Edgewater for
a copy of such plan amendment. 163.3184 (3) (a), Fla. Stat. (2002) and Rule 9J-l1.006, F.A.C.
Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee
shall transmit FIVE (5) copies of the Plan Amendment and a copy of this ordinance to the
Department of Community Affairs. The City Manager or his designee shall also transmit within
TEN (10) working days a copy of the adopted Amendment to the Comprehensive Plan to the
V olusia Growth Management Commission, V olusia County, Regional Planning Council, the St.
Johns River Water Management District (Water Management District), Florida Department of
Transportation, and Department of Environmental Protection. 163.3184 (7), Fla. Stat. (2002) &
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Rule 9J-l1.011 (3), F.A.C.
PART E.
CONFLICTING PROVISIONS.
All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are
hereby superseded by this ordinance to the extent of such conflict.
PARTF.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption; and either the Department
of Community Affairs entering a final order finding this Comprehensive Plan Amendment in
compliance, or the Administration Commission entering a final order finding that this
Comprehensive Plan Amendment has been brought into compliance.
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PARTG.
SEVERABILITY AND APPLICABILITY.
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If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART H. ADOPTION.
After Motion by Councilman Hammond and Second by Councilman Brown, the vote on the
first reading of this ordinance held during the April 14, 2003 Council meeting is as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
0 Councilman Myron F. Hammond X
Councilwoman Harriet E. Rhodes ABSENT
Councilwoman Judy Lichter ABSENT
After Motion by and Second by
the vote on the second reading ofthis 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
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PASSED AND DULY ADOPTED this
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
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day of
,2003.
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
day of , 2003 under Agenda
Item No.
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EXHIBIT" A"
LEGAL DESCRIPTION
A portion of the Jane Murray Grant, Sections 48 and 49, Township 18 South, Range 34 East lying
easterly ofU. 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 Vol usia 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 of the Jane Murray Grant, a distance of 136.56 feet; thence S 220 57' 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 of U. 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 68058' 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 "B" and incorporated herein.
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AGENDA REQUEST
Date: July 28. 2003
PUBLIC
HEARING
x
RESOLUTION
ORDINANCE August 18. 2003
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION
Ordinance No. 2003-0-06
An Ordinance of the City of Edgewater amending the
Comprehensive Plan Ordinance No. 90-0-18, by amending the
Official Future Land Use Map to include certain properties within
the Washington Park subdivision which is located south of 35th
Street in Florida Shores as Low Density Residential with
Conservation Overlay.
BACKGROUND
At the November 5, 2001 meeting City Council adopted an Ordinance to annex these properties into the City of
Edgewater.
This Comprehensive Plan Future Land Use Map amendment is a portion of the first large scale Future Land Use
amendment submittal to the Florida Department of Community Affairs (DCA) in 2003. The City is allowed to submit
two (2) large scale amendments (properties of 10 acres or more) to DCA per year. This amendment is before Council for
final adoption after certification from the V olusia Growth Management Commission and determination from DCA that the
amendment is in compliance with all State regulations.
Council voted to approve the Comprehensive Plan amendment at first reading on April 7, 2003. The City did not receive
any objection from DCA regarding this amendment.
STAFF RECOMMENDATION
Staff recommends adoption of the Official Future Land Use Map amendment to include certain properties within the
Washington Park subdivision which is located south of 35th Street in Florida Shores as Low Density Residential with
Conservation Overlay.
ACTION REOUESTED
Motion to adopt Ordinance No. 2003-0-06.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGE~A ITEM:
DATE: 4- f03
Respectfully Submitted By:
YES X
NO
AGENDA ITEM NO.
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Kenneth R. Hooper \
City Manager
CP A-020 1 Washington park
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CITY OF EDGEWATER
COMPREHENSIVE PLAN MAP AMENDMENT
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Land Use Map Amendment CPA-0201
L GENERAL INFORMATION
A. Requested Future Land Use Change:
From -V olusia County Rural
To - City of Edgewater Low Density Residential with Conservation Overlay
B. Applicant:
City of Edgewater
P.O. Box 100
Edgewater FL 32132
Owner:
Hooks - Pill: 8414-04-01-0050; 8414-04-01-0060; and 8414-04-04-0010-
1.14 acres
Amster-Pill: 8414-04-03-0060 - .90 acres
AmarafHanna - Pill: 84'14-04-08-0010 - 3.64 acres
Crowell- Pill: 8414-00-00-0040 - 5 acres
Pawlak - Pill: 8414-04-01-0180; 8414-04-01-0010 - 1.28 acres
Wyman - Pill: 8414-04-13-0010; 8414-04-13-0250 - 4.01 acres
PatcherIFolk - Pill: 8414-04-01-0160 - .28 acres
Rothman - Pill: 8414-04-03-0010 - .60 acres
Acebal- Pill: 8414-04-06-0010 - 3.15 acres
Hunt - Pill: 8414-00-00-0080 - 10.56 acres
Mishkin - Pill: 8414-04-12-0010 - 1.43 acres
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C. Location: South of 35th Street and east of Travelers Palm Drive in Florida Shores
D. Acreage: 42.55:f: Acres
E. Current Use of Property: All parcels are currently vacant.
F. Proposed Use of Property: There are no proposals for development at this time.
G. Parcel Identification Number(s): see above.
CPA-020I
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H. Adjacent Current and Future Land Uses:
Current Land Use FLUM Designation Zoning District
North Single Family Residential Low Density Residential R-2 (Single Family Residential)
East Single Family Residential! Low Density Residential R-2 (Single Family Residential)
Vacant and RPUD (Residential
Planned Unit Development)
South Vacant Low Density Residential RPUD (Residential Planned
Unit Development)
West Single Family Residential! Low Density Residential R-2 (Single Family Residential)
Vacant and RPUD (Residential
Planned Unit Development)
II.
ANALYSIS
A. 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 he City in November 2001. The proposed land
use is compatible with the surrounding residential areas. There is no proposed
development in this area at this time.
B. Land Use Compatibility: The proposed land use is compatible with the surrounding
proposed and existing residential uses.
c. Adequate Public Facilities: Portions of this property have access to 25th 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
D. Natural Environment: The vegetation consists of pine flatwoods, live oak, and
wetlands. Any properties with the Conservation Overlay shall require an environmental
assessment prior to any development per the Comprehensive Plan.
E. Consistency with Comprehensive Plan: The annexation of enclaves and the future
land use amendment of these properties is consistent with the objective of the
Comprehensive Plan.
F. Other Matters: There are no other known matters regarding this site.
"
CPA-0201
Page 2 of2
\
ORDINANCE NO. 2003-0-06
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AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 90-0-18, BY AMENDING THE OFFICIAL FUTURE
LAND USE MAP TO INCLUDE CERTAIN PROPERTIES
WITHIN THE WASHINGTON PARK SUBDIVISION WHICH
IS LOCATED SOUTH OF 35TH STREET IN FLORIDA
SHORES AS LOW DENSITY RESIDENTIAL WITH
CONSERVATION OVERLAY; PROVIDING FOR
PUBLICATION; PROVIDING FOR HOLDING PUBLIC
HEARINGS; PROVIDING FOR TRANSMITTING THIS
COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA
GROWTH MANAGEMENT COMMISSION, VOLUSIA
COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE
FLORIDA DEPARTMENT OF TRANSPORTATION AND
ANY OTHER UNIT OF LOCAL GOVERNMENT OR
GOVERNMENTAL AGENCY THAT HAS REQUESTED A
COpy OF THE PLAN AMENDMENT; PROVIDING FOR
CONFLICTING PROVISIONS AND PROVIDING FOR AN
EFFECTIVE DATE.
o
WHEREAS, from time to time it becomes necessary to amend the City of Edgewater
Comprehensive Plan, and
WHEREAS, a Public Hearing on the question of designating a future land use classification
of the property hereinafter described has been duly held in the City of Edgewater, Florida and at
such hearing, interested parties and citizens for and/or against the proposed designation of the future
land use classification was heard; and
WHEREAS, such amendments are permitted subject to the provisions of Chapter 163, F.S.
and Rule 91-11, F.A.C.
WHEREAS, the Planning and Zoning Board, sitting asthe City's Local Planning Agency,
#2003-0-06
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held an advertised Public Hearing pursuant to 163.3164(18) & 163.3174(4) (a), Fla. Stat. (2002),
on Wednesday, March 12, 2003, on the proposed Plan Amendment and following that Public
Hearing voted and recommended that the City Council approve the aforesaid Amendment to the
City's 1990 Comprehensive Plan; and
WHEREAS, the City Council feels it is in the best interests of the citizens of the City of
Edgewater to amend its 1990 Comprehensive Plan as more particularly set forth hereinafter.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEWATER, FLORIDA:
PART A.
AMENDMENT.
That Article I, Section 21-04 of the City of Edgewater's Land Development Code, as
amended and supplemented said Article adopting the Comprehensive Plan ofthe City of Edge water,
Florida regulating and restricting the use oflands located within the City of Edge water, Florida, be,
U and the same is hereby amended by this plan map amendment to: Amend the Official Future Land
Use Map to include property as Low Density Residential with Conservation Overlay for property
described in Exhibits "A" and "B".
PART B.
PUBLICATION.
That the notice of this proposed change of the Edgewater Comprehensive Plan shall be
published in the manner prescribed by 163.3184 (15) (c), Fla. Stat. (2002). The City Council shall
hold at least TWO (2) advertised Public Hearings on the proposed Comprehensive Plan Amendment.
The first publication shall appear at least SEVEN (7) days before the first Public Hearing
(Transmittal Hearing). 163.3184 (15) (b) 1., Fla. Stat. (2002). The second publication shall appear
at least FIVE (5) days before the second Public Hearing (Adoption Hearing). 163.3184 ( 15) (b) 2.,
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Fla. Stat. (2002). The required advertisement shall be no less than two columns wide by TEN inches
(10") long in a standard-size or tabloid-size newspaper, and the headline in the advertisement shall
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be no smaller than EIGHTEEN (18) point. The advertisement shall not be placed in a portion of the
newspaper where legal notices and classified advertisements appear. The advertisement shall be
placed in a newspaper of general paid circulation in the City of Edge water, and of general interest
and readership in the municipality, not one oflimited subject matter, pursuant to Chapter 50 of the
Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is
published at least FIVE (5) days a week, unless the only newspaper in the municipality is published
less than FIVE (5) days a week. 163.3184 (15) (c) 2.b., Fla. Stat. (2002). The advertisement shall
substantially be in the following form:
Notice of Land Use Change
The City of Edgewater proposes to adopt the following ordinance:
ORDINANCE NO. 2003-0-06
o
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 90-0-18, BY AMENDING THE OFFICIAL FUTURE
LAND USE MAP TO INCLUDE CERTAIN PROPERTIES
WITHIN THE WASHINGTON PARK SUBDIVISION WHICH
IS LOCATED SOUTH OF 35TH STREET IN FLORIDA
SHORES AS LOW DENSITY RESIDENTIAL WITH
CONSERVATION OVERLAY; PROVIDING FOR
PUBLICATION; PROVIDING FOR HOLDING PUBLIC
HEARINGS; PROVIDING FOR TRANSMITTING THIS
COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA
DEP ARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA
GROWTH MANAGEMENT COMMISSION, VOLUSIA
COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE
FLORIDA DEPARTMENT OF TRANSPORT A TION AND
ANY OTHER UNIT OF LOCAL GOVERNMENT OR
GOVERNMENTAL AGENCY THAT HAS REQUESTED A
COPY OF THE PLAN AMENDMENT; PROVIDING FOR
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CONFLICTING PROVISIONS AND PROVIDING FOR AN
EFFECTIVE DATE.
Public hearings on the ordinance changing the Future Land Use Map will be held on April 7, 2003
at 7:00 p.m. at the Community Center, 102 N. Riverside Drive, Edgewater, Florida 32132.
(map for insertion into the advertisement is attached hereto and
incorporated herein as Exhibit "B'')
The advertisement shall contain a geographical-location map which clearly indicates the area
covered by the proposed ordinance. The map shall also include major street names as a means of
identification of the general area. 163.3184 (15) (c) & 166.041 (3) (c) 2.b., Fla. Stat. (2002).
PART C.
PUBLIC HEARINGS.
That as a condition precedent to the adoption of this ordinance amending the City's .1990
Comprehensive Plan, the City Council shall hold at least two advertised public hearings on the
o proposed comprehensive plan or plan amendment as follows: The first public hearing shall be held
at the transmittal stage pursuant to subsection 163.3184 (15) (b), Fla. Stat. It shall be held on a
weekday at least 7 days after the day that the first advertisement is published. The second public
hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day
that the second advertisement is published. 163.3184, Fla. Stat. (2002). The Adoption Hearing shall
be held within 120 days of the Department of Community Affairs having issued its Objections,
Comments, and Recommendations Report to the City.
PART D.
TRANSMITTAL OF AMENDMENTS TO PLAN.
Immediately following the Transmittal Hearing, the City Manager or his designee shall send
SIX (6) copies of the proposed Plan Amendment to the Florida Department of Community Affairs,
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#2003-0-06
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4
Division of Community Planning, Plan Processing Team, and all other items specified to be
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transmitted in accordance with Rule 9J-ll.006, F.A.C. The City Manager or his designee shall also,
immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendment
to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the
St. Johns River Water Management District, (Water Management District), Florida Department of
Transportation, Department of Environmental Protection and to any other unit oflocal government
or governmental agency in the State that has filed a written request with the City of Edgewater for
a copy of such plan amendment. 163.3184 (3) (a), Fla. Stat. (2002) and Rule 9J-l1.006, F.A.C.
Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee
shall transmit FIVE (5) copies of the Plan Amendment and a copy of this ordinance to the
Department of Community Affairs. The City Manager or his designee shall also transmit within
TEN (10) working days a copy of the adopted Amendment to the Comprehensive Plan to the
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V olusia Growth Management Commission, V olusia County, Regional Planning Council, the St.
Johns River Water Management District (Water Management District), Florida Department of
Transportation, and Department of Environmental Protection. 163.3184 (7), Fla. Stat. (2002) &
Rule 9J-l1.011 (3), F.A.C.
PARTE.
CONFLICTING PROVISIONS.
All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are
hereby superseded by this ordinance to the extent of such conflict.
PART F.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption; and either the Department
of Community Affairs entering a final order finding this Comprehensive Plan Amendment in
#2003-0-06
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compliance, or the Administration Commission entering a final order finding that this
Comprehensive Plan Amendment has been brought into compliance.
PART G.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART H. ADOPTION.
After Motion by Councilman Brown and Second by Councilman Hammond, the vote on the
first reading of this ordinance held on April 14, 2003 is as follows:
AYE NAY
0 Mayor Donald A. Schmidt X
Councilman James P. Brown X -
Councilman Myron F. Hammond X
Councilwoman Harriet E. Rhodes ABSENT
Councilwoman Judy Lichter ABSENT
o
#2003-0-06
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6
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
PASSED AND DULY ADOPTED this
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
#2003-0-06
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AYE
NAY
day of
,2003.
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
day of , 2003 under Agenda
Item No.
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EXHIBIT "A"
LEGAL DESCRIPTION
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:
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 Y2 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, Volusia County, Florida. (Parcel ID #8414-00-00-0040).
Tony Pawlak:
Lots 1, 2, 3 and 4, Block 1 and Lots 18 to 22, inclusive, Block 1 , WASHINGTON PARK, UNIT 8,
according to the plat thereof as recorded in Map Book 11, Page 73, of the Public Records ofVolusia
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
#2003-0-06
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8
VI, according to the map thereof as recorded in Map Book 11 at Page 72 of the Public Records of 0
Volusia 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 V olusia 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 Vol usia 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 V olusia County, Florida. (Parcel ID 0
#8414-04-06-0010).
Jack & Mildred Mishkin:
Lots 1 to 5, inclusive and Lots 18 to 22, inclusive, Block 12, WASHINGTON PARK PART VI,
according to the map thereof as recorded in Map Book 11, Page 73, of Public Records of V olusia
County, Florida. (Parcel ID #8414-04-12-0010).
Map of subject properties are reflected on Exhibit "B" and incorporated herein.
#2003-0-06
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9
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AGENDA REQUEST
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Date: July 21. 2003
PUBLIC
HEARING X
RESOLUTION
ORDINANCE August 4.2003
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Ordinance No. 2003-0-17
John D. Adkins, owner, requesting a change in
zoning classification from City R-l (Single Family
Residential) to City R-3 (Single Family Residential)
for property located at 1320 South Riverside Drive
(Pill 7433-13-10-0050).
AREA: .34 acres
CURRENT LAND USE: Single Family Residence (to be demolished)
FLUM DESIGNATION: Low Density Residential
o ZONING DISTRICT: R-l (Single Family Residential)
VOTING DISTRICT: 2
SURROUNDING AREA
Current Land Use FLUM Desienanon Zoning District
North Residential Low Density Residential R-3 (Single Family
Residential) & R-l
(Single Family
Residential)
East Vacant Low Density Residential R-l (Single Family
Residential)
South Single Family Low Density Residential R-3 (Single Family
Residential Residential) & R-l
(Single Family
Residential)
West Single Family Low Density Residential R-3 (Single Family
Residential Residential)
o
RZ-0303 adkins
...
Background
This parcel is located along the west side of Riverside Drive and North of Thomas Street. The 0
applicant is proposing to subdivide the parcel into four (4) single family residential building lots.
One lot will retain frontage on Riverside Drive and will remain R-1 zoning, this lot shall meet all
requirements of the R -1 zoning district. The remaining three (3) lots will have access via Thomas
Street and meet the requirements of the R-3 zoning district.
Land Use Compatibility
The proposed subdivision of this parcel for single family homes is compatible with the
surrounding area of single family residential usage.
Adequate Public Facilities
The site is served by City water and sewer and has access to Thomas Street. There are no
concurrency issues with this site.
Other Matters
The applicant will subsequently seek preliminary plat approval to subdivide this parcel into four (4)
building lots.
STAFFRECO~NDATION
Staff recommends approval of Ordinance No. 2003-0-17 to change the zoning classification
from City R-1 (Single Family Residential) to City R-3 (Single Family Residential) for a portion
of the property located at 1320 South Riverside Drive (Pill 7433-13-10-0050).
o
MOTION
Motion to approve Ordinance No. 2003-0-17.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
~'-ti'~l\
Robin atusick
Paralegal
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RZ-0303 adkins
A
ORDINANCE NO. 2003-0-17
o
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM CITY R-l (SINGLE FAMILY
RESIDENTIAL) TO CITY R-3 (SINGLE F AMIL Y
RESIDENTIAL) FOR PROPERTY LOCATED AT 1320
SOUTH RIVERSIDE DRIVE, EDGEW A TER, 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, the City
has submitted an application requesting a change in zoning classification for property owned by John
C. Adkins. The subject property is located at 1320 South Riverside Drive, containing approximately
o .34! acres. The requested zoning change would be from City R-1 (Single Family Residential) to
City R-3 (Single Family Residential) for the property described herein.
2. In a letter dated July 15,2003, 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 June 11, 2003, the Local Planning Agency (Planning and Zoning Board)
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 August 4,2003, the City Council considered on first reading/public hearing the
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2003-0-17
1
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proposed change in the zoning classification after publication of such hearing in the Observer on July
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23,2003.
5. On August 18,2003, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on August 6, 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 .
o
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW ATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from City
R-I (Single Family Residential) to City R-3 (Single Family Residential):
The following described real property all lying and being in the County of Vol usia
Stltlck tluongh passages are deleted.
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2003-0-17
2
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and State of Florida.
A portion of Lots 3, 4 and 5, Block 10, according to the plat of Totem Park
Subdivision in the Town of Edgewater, Florida, per Map Book 4, Page 46, of the
Public Records of V olusia County, Florida; a portion of that part of First Street which
has been vacated lying between Lots 3, 4 and 5, Block 9, and Lots 3, 4 and 5, Block
10, pursuant to Ordinance No. 225 recorded in Official Records Book 1521, Page
316, of the Public Records of Vol usia County, Florida and a portion of the Northerly
20.00 feet of that portion of Thomas Street lying southerly of and adjacent to Blocks
9 and 10 and First Street lying between said Blocks 9 and 10, said Totem Park; being
described as follows:
Commence at the northwest comer of Lot 3, Block 9, of said Totem Park
Subdivision; thence N 63059'30" E, along the northerly line of said Lot 3, Block 9
and along the easterly prolongation of said northerly line of Lot 3, Block 9, a distance
of 155.00 feet for the Point of Beginning; thence continue N 63059'30" E, along said
easterly prolongation of the northerly line of Lot 3, Block 9 and along the northerly
line of said Lot 3, Block 10, a distance of91.66 feet; thence S 25059'10" E, a distance
of 169.93 feet to the southerly line of said northerly 20.00 feet of Thomas Street;
thence S 64000"52" W, along said southerly line of the northerly 20.00 feet of
Thomas Street, a distance of82.54 feet; thence N 29003'30" W, a distance of 170.14
feet to the Point of Beginning.
Containing .34i acres more or less.
(A Portion of Parcel #7433-13-10-0050)
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,
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Underlined passages are added.
2003-0-17
3
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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2003-0-17
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PARTF.
ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on August 4,2003, was as follows:
AYE
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance was as follows:
AYE
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
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Underlined passages are added.
2003-0-17
5
NAY
NAY
PASSED AND DULY ADOPTED this 18th day of August, 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
StIn.:,k tluongh passages are deleted.
Underlined passages are added.
2003-0-17
CITY COUNCIL OF THE
CITY OF EDGEW ATER, 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 18th day
of August, 2003 under Agenda Item No.
6
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ORDINANCE NO. 2003-0-20
AN ORDINANCE AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF EDGEW A TER, FLORIDA;
AUTHORIZING: THE ISSUANCE OF GENERAL
OBLIGATION BONDS FOR THE CITY TO FINANCE THE
"DECADE OF EXCELLENCE" CAPITAL IMPROVEMENT
PROJECTS IN THE AMOUNT OF SEVEN MILLION, FOUR
HUNDRED TWENTY THOUSAND (7,420,000) DOLLARS;
PROJECTS TO INCL UDE (1) NEW CITY
HALLIRENOVATION OF EXISTING CITY HALL SITE, (2)
NEW FIRE ST A TION/POLICE AND FIRE
AD.MINISTRATIVE BUILDING, AND (3) NEW ANIMAL
ADOPTION/RESCUE/EDUCA TIONAL FACILITY;
PROViDING FOR AND CALLING AN ELECTION OF THE
QUALIFIED ELECTORS RESIDING WITHIN THE CITY TO
BE HELD ON NOVEMBER 4, 2003, TO CONSIDER THE
ISSUANCE OF THE GENERAL OBLIGATION BONDS;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING AN
EFFECTIVE DATE AND ADOPTION.
StInck tIuongh passages are deleted.
Underlined passages are added.
2003-0-20
1
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"Exhibit 1"
"DECADE OF EXCELLENCE"
CAPITAL PROJECTS
1. New City Hall/Renovation of Existing City Hall Site
Purchase of existing 15,000 square foot building (Regions Bank) located at
intersection of US 1 and Marion Avenue and Renovation/Expansion of
Kennedy Park
Appraised value of building
Renovation and upgrade of building
Furniture and audio/visual
Kennedy Park redevelopment and expansion
Integration of "Hawks House" into Kennedy Park
2.
$ 2,000,000
1,000,000
200,000
2,000,000
350.000
$ 5,550,000
New Fire Station/Police and Fire Administration Building
Locate a new fire station south of Roberts Road with US 1 access and collocate
a fire/police administration center.
Land/site development
Building
$ 120,000
1.250.000
$ 1,370,000
3. New Animal Adoption/Rescue/Educational Facility located on Airpark
Road near SR442
Building
Site development
Equipment
Total Decade of Excellence Capital Projects
F:\Projects\decadeofexcellence
$ 300,000
100,000
100.000
$ 500,000
$ 7,420,000
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AGENDA REQUEST
Date: July 22. 2003
PUBLIC
HEARING X
RESOLUTION August 4. 2003
ORDINANCE
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
Resolution No. 2003-R-15
& Easement Agreement
Lori Krueger and Anthony Ramos, the
owners/applicants are requesting the
abandonment/vacation of two (2) 5 x 100 foot
utility easements located on the southern most
portion of Lot 132 and the northern most portion of
Lot 133, Wildwood Subdivision (pill # 7432-09-00-
1320) and the Easement Agreement relocating the
area abandoned.
AREA: 112 x 115
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Low Density Residential
ZONING DISTRICT: R-3 (Single Family Residential)
VOTING DISTRICT: 1
SURROUNDING AREA
Current Land Use FLUM Desienation Zoning District
North Single Family Medium Density Residential R-3 (Single Family
Residential Residential)
East Single Family Medium Density Residential R-3 (Single Family
Residential Residential)
South Single Family Medium Density Residential R-3 (Single Family
Residential Residential)
West Timberland Medium Density Residential Volusia County A-2
with Conservation Overlay (Rural Agriculture)
AB-0301 - Krueger
Background
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The prospective purchaser requested the current owner to seek an abandonment of this utility
easement to allow for full use of the property to construct a single family home.
At the June 11,2003 Planning and Zoning Board meeting the Board unanimously voted to send a
favorable recommendation to City Council for the abandonment of the utility easement.
Land Use Compatibility
The construction of a single family home is compatible with the existing homes in this subdivision.
Adequate Public Facilities
This site has access to Wildwood Drive and is served by City water and sewer. This abandonment
and subsequent home construction shall not exceed the Level of Service standards as set forth in the
City of Edgewater Land Development Code.
Other Matters
All utility companies have been notified of the requested abandonment and have sent written
notification that there is no objection to the abandonment. The City of Edgewater Environmental
Services Department has recommended the easement be relocated to the south side of the property
for future use. The applicant has been notified of this recommendation and has no objection.
STAFFRECO~NDATION
Staff recommends approval of Resolution 2003-R-15 to abandon/vacate utility easements and 0
authorize execution of the Easement Agreement for relocation.
MOTION
Motion to approve Resolution 2003-R-15.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
~Jm-)\
o In atuslC
Paralegal
~r-
e eth R. Roope .....
City Manager
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AB..()301 - Krueger
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GRANTING/DENYING
RESOLUTION NO. 2003-R-15
A RESOLUTION OF THE CITY OF EDGEW A TER,
FLORIDA, GRANTING OR DENYING THE ABANDONING
AND VACATING TWO (2) 5 X 100.00 FOOT UTILITY
EASEMENTS LOCATED ON THE SOUTHERN MOST
PORTION OF LOT 132 AND THE NORTHERN MOST
PORTION OF LOT 133, WILDWOOD SUBDIVISION, AS
FURTHER DESCRIBED IN EXHIBIT "A"; PROVIDING FOR
RECORDING AND SEVERABILITY; REPEALING
RESOLUTIONS IN CONFLICT HEREWITH AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater desires to abandon and vacate two
(2) 5 X 100.00 foot utility easements located on the southern most portion of Lot 132 and the
northern most portion of Lot 133, Wildwood Subdivision, being more particularly described in
Exhibit "A"; and
WHEREAS, Lori Krueger and Anthony Ramos, the owners/applicants, have complied with
the provisions of Chapter 21 (Land Development Code), Article IX (Application Procedures),
Section 21-99 (Abandonments and Vacations) regarding the provision of certain information in
connection with the application; and
WHEREAS, pursuant to Section 21-99.03 (Procedures) of the Land Development Code of
the City of Edgewater, and the requirements contained in the Florida Statutes, a Notice of Public
Hearing before the City Council was provided by regular mail to owners of real property abutting
the Roadway and all owners ofthe property within three hundred (300) feet in all directions of the
subject property; and
WHEREAS, pursuant to Section 21-99 .03 (Procedures) of the Land Development Code of
2003-R-15
1
the City of Edgewater, and the requirements contained in the Florida Statutes, a Notice of Public
Hearing was published one (1) time in a newspaper of general circulation in the City of Edge water
o
by an advertisement that was published in the Observer on July 18.2003; and
WHEREAS, the City Council of the City of Edgewater finds that said application and
supporting documents are in accordance with the requirements of Chapter 21 (Land Development
Code), Article IX (Application Procedures), Section 21-99 (Abandonments and Vacations) and that
the requested action is consistent with the City of Edgewater Comprehensive Plan.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Edgewater, Florida:
Section 1.
Authority. The City Council of the City of Edgewater has the authority
to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and
Chapter 166, Florida Statutes, and Article IX (Application Procedures) of Chapter 21 (Land
Development Code) of the City of Edgewater.
o
Section 2.
Abandonment and Vacation.
The City Council of the City of
Edgewater, Florida, hereby abandons, vacates and renounces any rights in and to the two (2) 5 X
100.00 foot utility easements located on the southern most portion of Lot 132 and the northern most
portion of Lot 133, Wildwood Subdivision, being more particularly described in Exhibit "A", as
further described in Exhibit "A". See Exhibit "A" for further legal description and sketch of
subject property.
Easements to remain in effect are as follows: an existing lOX 75.00 foot easement along
the eastern most portion; an existing 5 X 115.00 foot easement along the northern most portion; and
an existing 5 X 75.00 foot portion along the western most portion of Lot 132 along with the 10 X
2003-R-15
2
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37.59 foot portion along the easternmost portion and the 5 X 37.50 foot easement along the western
most portion of Lot 133, being more particularly depicted in the Sketch attached as Exhibit "B".
An Easement Agreement has been entered into by Lori A. Krueger and Anthony Ramos
granting the City a perpetual easement for a 10.00 x 100.00 foot easement on Lot 133, Wildwood
Subdivision.
Section 3.
Recording. A certified copy of this Resolution shall be filed with the
V olusia County Property Appraiser and duly recorded into the Public Records of V olusia County,
Florida, by the V olusia County Clerk of Court.
Section 4.
Severability. Ifany section, subsection, sentence, clause, phrase or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date. This Resolution shall become effective immediately
upon passage and adoption.
After Motion by and Second by
the vote on this resolution was as follows to grant/deny the abandoning and vacating of the subject
property :
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judith Lichter
2003-R-15
3
PASSED AND DULY ADOPTED this 4th day of August, 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
2003-R-15
CITY COUNCIL OF THE
CITY OF EDGEW ATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council during the
Council meeting held on the 4th day of
August, 2003 under Agenda Item 6_0
4
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SLIGER & ASSOCIATES,
PROFESSIONAL LAND SURVEYORS
LICENSED BUSINESS CERTIFICATION NO. 3019
3921 NOVA ROAD
PORT ORANGE, FL. 32127
(386) 761-5385
Copyright @ 2002 Sliger & Associates, Inc.
WWW.SLlGERASSOCIATES.COM
INC.
R/W LINE
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75,.00'
I POINT OF
BEGINNING
SUBJECT PROPERTY I
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FOUNO 5/B" S20'17'10"E 112.52 ~M~ (DEC. 14, 2002)
IRON ROD 520'18' 34"E 112.50' P SKETCH OF DESCRIPTION ONLY LS#2057
NO 10
UNPLA TTED NOT A BOUNDARY SURVEY
ABBREVIA TIONS SHEET 1 OF 2
FOR: LORI A. KRUEGER
DESCRIPTION: A PORTION OF THE NORTHERLY 1 /2 OF I OT
133, WILDWOOD SUBDIVISION UNIT 3, AS RECORDED IN
PLAT BOOK 38. PAGE 35 OF THE PUBLIC RECORDS OF
VOLUSIA COUNTY, FLORIDA (SEF SHEET ? OF 2 FOR
COMPLETE LEGAL DESCRIPTION)
(P) PLA TIED DIMENSION LEGEND
(D) DEEDED DIMENSION
(1.1) MEASURED DIMENSION . IRON ROD WITH CAP
(C) CALCULATED DIMENSION 0
10 IDENTifiCATION IRON PIPE
A/C AIR CONDITIONER 0 CONCRETE MONUMENT
R/W RIGHT OF WAY
It CENTERLINE . PERMANENT REFERENCE
MONUMENT
0 CENTRAL ANGLE
R RADIUS 11 PERMANENT CONTROL
L ARC LENGTH POINT
CB CHORD BEARING (R) RADIAL LINE
FP"'L CO. FLORIDA POWER '" (NR) NON-RADIAL LINE
LIGHT COMPANY
N.G.V.D. NATIONAL GEODETIC 0 EXISTING ELEVATION
VERTICAL DATUM
. U.S.C. '" G.S. UNITlED STATES COAST CJ PROPOSED ELEVATION
AND GEODETIC SURVEY
DATA COLLECTION FILE NO, 023421 JOB #03-1746
SCALE 1"=20' FIELD BOOK 1065 PAGE 66
. I 4 " SLIGER & ASSOCIATES, INC.
. 7 . PROFESSIONAL LAND SURVEYORS
\ \...J r LICENSED BUSINESS CERTIFICATION NO. 3019
I 3921 NOVA ROAD
2 PORT ORANGE. FL. 32127
(386) 761-5385
- Copyright @ 2002 Sliger & Associates, Inc.
WWW.SLlGERASSOCIATES.COM
SURVEYORS NOTES
1. NOTICE: THERE MAYBE ADDITIONAL RESTRICTIONS AND/OR OTHER MA HERS THAT ARE NOT SHOWN ON THIS
PLA T OF SURVEY/SKETCH OF DESCRIPTION THAT MAYBE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. THIS
SURVEY/SKETCH OF DESCRIPTION PREPARED WITHOUT BENEFIT OF AN ABSTRACT.
2. DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF.
3. BEARING STRUCTURE BASED ON RECORD PLAT WITH THE BEARING ON THE EAST LINE OF THE SUBJECT
PROPERTY BEING S20'18'34"E.
4. UNDERGROUND FOUNDATIONS, IF ANY, NOT LOCATED.
5. ELEVATIONS REFER TO N.G. V.D. OF 1929, PER U.S.C.& G.S. BENCHMARK ______________ HAVING A
PUBLISHED ELEVATION OF _________ FEET.
,
5. THIS PROPERTY IS LOCATED IN FLOOD INSURANCE RATE MAP (F.I.R.M.) ZONE X. THIS LOCATION IS DETERMINED
BY SCALING FROM F.I.R.M. MAP NO. 12127C0585 G. MAP EFFECTIVE DATE: APRIL 15, 2002. APPROXIMATE SCALE:
1"= 1000'.
7. FLOOD ZONE CERTIFICATION ADDED TO SURVEY DEC. 14. .2002 (02-3421).
8. "NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND
MAPPER. "
9. UNLESS OTHERWISE SHOWN, RECORD DISTANCES AND DIRECTIONS AND FIELD MEASURED DISTANCES AND
( DIRECTIONS ARE THE SAME.
10. REVISED TO CORRECT TYPOGRAPHIC ERRORS IN DESCRIPTION. JULY 8, 2003 (STK)
NOTE:
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
REFERENCE: LOT 132 AND THE NORTHERL Y 1 /2 OF LOT 133 WILDWOOD SUBDIVISION UNIT 3
PlA T PREPARED FOR THE FOllOWING: (ONl Y THE lAST DATE IS CERTIFIED ON SEALED COPY)
THIS PLAT OF SURVEY IS CERTIFIED TO AND PREPARED FOR THE SOLE AND EXCLUSIVE BENEFIT OF THE ENTITIES AND\OR
INDIVIDUALS LISTED BELOW, ON THE MOST CURRENT DATE, AND SHAll NOT BE RELIED UPON BY ANY OTHER ENTITY OR
INDIVIDUAL WHOMSOEVER.
LEGAL DESCRIPTION:
A PORTION OF THE NORTHERLY 1/2 OF LOT 133, WILDWOOD SUBDIVISION UNIT 3, AS RECORDED IN PLAT BOOK 38,
PAGE 35 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 133 RUN S20'18'34"E A DISTANCE OF 37.59 FEET TO THE
SOUTHEAST CORNER, OF THE NORTH 1/2 OF SAID LOT 133; THENCE S69'43'26"W, ALONG THE SOUTHERLY LINE OF THE
NORTH 1/2 OF SAID LOT 133, 10.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE
S69"43'26"W A DISTANCE OF 100.00 FEET; THENCE, DEPARTING SAID LINE, N20'18'34"W A DISTANCE OF 10.00 FEET;
THENCE N69'43'26"E, ALONG A LINE 10.00 FEET NORTHERLY OF AND PARALLEL WITH THE SOUTH LINE OF THE NORTH
1/2 OF SAID LOT 133, A DISTANCE OF 100.00 FEET; THENCE S20'18'34"E A DISTANCE OF 10.00 FEET TO THE POINT
OF BEGINNING.
. CONTAINING 1 ,000 SQUARE FEET, MORE OR LESS.
(
,
TYPE OF SURVEY CERTIFIED TO SURVEY DATE JOB NUMBER
SKETCH OF
DESCRIPTION LORI A. KRUEGER JUNE 24, 2003 03-1746
NOT CERTIFIED TO ANY ENTITIES AND/OR INDIVIDUALS
OTHER THAN THOSE LISTED ABOVE.
SHEET 2 OF 2 VALID WITH SIGNATURE & EMBOSSED SEAL ONLY
FOR : LORI A. KRUEGER I HEREBY CERTIFY THAT THIS PLAT
MEETS THE MINIMUM TECHNICAL
STANDARDS SET FORTH BY THE:
DATE JOB NO. P.C. DRW. CHECKED BY FLORIDA BOARD OF PROFESSIONAL
SKETCH OF DESCRIPTION JUNE 24 2003 03-1746 STK STK LAND SUR V ORS IN CHAPTER
BOUNDARY SURVEY DEC. 14 2002 02-3421 MM DO STK 61G17-6. RIDA ADMINISTRATIVE
TOPOGRAPHIC SURVEY CODE, P UANT TO SE~
FOUNDA TION LOCATED ~~S.,
FINAL IMPROVEMENTS
RECERTIFICA TlON STEPHEN B. SLIGER. P.L.S. NO. 3794
PROPOSED HOUSE LOCATION J.E. ZAPERT, P.L.S. NO. 4046
STEVEN T. KRUGER, P.L.S. NO. 4722
C.O. VAN KLEEK. JR.. P.S.M. NO. 6149
':1IIS INSTRUMENT PREPARED BY:
()
Scott A. Cookson, Esq.
FOLEY & LARDNER
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
AFfER RECORDING RETURN TO:
Susan J. Wadsworth, City Clerk
CITY OF EDGEWATER
Post Office Box 100
Edgewater, Florida 32132-0100
For Recording Purposes Only
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made and entered into this _ day of
2003, by and between LORI A. KRUEGER and ANTHONY
RAMOS (Owners), whose mailing address is 305 Wildwood Drive, Edgewater, Florida
32132 (hereinafter referred to as the "Grantor"), and the CITY OF EDGEW ATER, a
Florida municipal corporation, whose address is Post Office Box 100, Edgewater, Florida
32132-0100 (hereinafter referred to as the "Grantee").
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(Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and the heirs, legal representatives and assigns of individuals, and the successors
and assigns of partnerships, corporations, public bodies and quasi-public bodies.)
WITNE S S ET H:
WHEREAS, Grantor is the owner of that certain real property located in V olusia
County, Florida, as more particularly described in Exhibit "A" (legal description and sketch)
attached hereto and incorporated herein by reference (the "Easement Property"); and
WHEREAS, Grantor has agreed to grant and convey to Grantee, a perpetual
easement over, upon and across the Easement Property for the specific and limited purposes
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hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants, promises, terms
and conditions set forth herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
Section 1. The above recitals are true and correct, form a material part of this
Agreement and are incorporated herein by reference.
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Section 2. Grantor hereby gives, grants, bargains, sells, and conveys to Grantee
a perpetual easement over, upon and across the Easement Property for the purposes
(EasementlUtility Easement - Krueger -Ramos) I
hereinafter stated (the "Easement"), all subject to the terms, conditions, and limitations set 0
forth herein.
Section 3. Grantor hereby warrants and guarantees to Grantee that Grantor has
fee title to the Easement Property, subject to easements, reservations, restrictions, and rights-
of-way of record, ifany, and the Grantor has full power and authority to grant this Easement
as to the Easement Property.
Section 4. Grantee's use of the Easement Property shall be for the purpose of
Grantee, through itself, its agents, contractors, consultants and employees performing such
activities on the Easement Property as Grantee may deem reasonably necessary in connection
with installation, maintenance, operation and repair of utilities, and improvements, together
with the rights, easements, privileges and appurtenances in or to said land which may be
required for the full enjoyment of the rights herein granted. The easement, rights and
privileges granted herein shall be perpetual.
Section 5. This Easement is non-exclusive, and Grantor reserves to itself, its
successors and assigns, the non-exclusive right to use, pass and repass over and upon the
Easement Property. Each party shall use the rights granted and reserved by this Easement
Agreement with due regard to the rights of the other party to use and enjoy the Easement
Property .
Section 6. To the extent permitted by law, the Grantee agrees to indemnify and
hold harmless the Grantor from and against any and all claims, actions, causes of action, loss,
damage, injury, liability, cost or expense, including without limitation attorneys' fees
(whether incurred before, during or after trial, or upon any appellate level), arising from the
Grantee's use of the Easement Property or from the exercise by the Grantee of any rights
granted by this Easement Agreement.
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Section 7. The Easement shall be binding upon and inure to the benefit of the
parties specified herein, their respective legal representatives, successors and assigns, and the
benefits and burdens hereof shall run with the Easement Property.
Section 8. This Easement Agreement may be modified or amended only upon the
mutual written consent of Grantee and Grantor, or their respective legal representatives,
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have subscribed their names and have
caused this Easement Agreement to be executed as of the day and year first above written.
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(EasementlUtility Easement - Krueger -Ramos) 2
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Signed, sealed and delivered in
the presence of
Print name:
Print name:
Print name:
Print name:
STATE OF FLORIDA
COUNTY OF VOLUSIA
GRANTOR:
OWNER
By:
Lori A. Krueger
Owner
GRANTOR:
OWNER
By:
Anthony Ramos
Owner
o The foregoing instrument was acknowledged before me this _ day of
,2003 by LORI A. KRUEGER and ANTHONY RAMOS who are the
owners of the subjectproperty and are authorized to execute this document and who [ ] is
personally known to me or [ ] produced as identification.
{Notary Seal must be affixed}
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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
(Easement/Utility Easement - Krueger -Ramos) 3
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
Approved by the City Council of the City
of Edgewater at a meeting held on this
4thday of August, 2003 under Agenda
Item No.
EXHIBIT "A"
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LEGAL DESCRIPTION
A portion of the Northerly ~ of Lot 133, Wildwood Subdivision Unit 3, as recorded in Plat
Book 33, Page 35 of the Public Records of Volusia County, Florida and being more
particularly described as follows:
Commencing at the Northeast comer of said Lot 133 run S 20018'34" E, a distance of37.59
feet to the Southeast comer of the North ~ of said Lot 133; thence S 69043'26" W, along the
Southerly line of the North ~ of said Lot 133, 10.00 feet to the Point of Beginning; thence
continuing along said line S 69043'26" W, a distance of 100.00 feet; thence, departing said
line, N 20018'34" W, a distance of 10.00 feet; thence N 69043'26" E, along a line 10.00 feet
Northerly of and parallel with the South line of the North ~ of said Lot 133, a distance of
100.00 feet; thence S 20018'34" E, a distance of 10.00 feet to the Point of Beginning.
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(EasementlUtility Easement - Krueger -Ramos) 4
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SURVCYOKS NOTES
1. NOTICE: TlllllL MAY BE ADDITIONAl. Ill:STRICnONS AND/Ol~ orHER MATTERS THAT Alll:: NOT SHOWN ON tHIS
I'LAf OF SURVEY/SKrTC~1 01' DESCRIPTION TIIA1 MAY BE FOUND IN TIll: I'uauc RECORDS or THIS COUNTY. THIS
SUIM.Y!SKETCH OF Of SCllll-' nON PREPARED W11110UI I:lENEFlT OF AN ArlSTllAcr.
2. UIMENSlONS ARC SHOWN IN FEET AND DCCIfAALS tHEREOF.
J. BEARING STRUCTURI:. !:lASED ON RfCORD f'LA I WITH THE Of ARING ON IH!:. EAST UNf Of TH[ SUI;l,J[CT
I'I<OI'E.RTY RrING S20"1S'.H"L
4. UNOlRGI<OUNO FOUNDATIONS. I~ ~y, NOT lOCATfO.
~. lL!:.VATlONS REFER TO N.G.V.U. OF 1929. PeR U.S.C.&: G.S. BENCHMARK _____... .. . IIAVlNG A
PUBliSH EO Cl.fVATlON Of ____ . __ FCn.
6. TIns PROI'[KIY IS LOCATED IN nQOO INSUKANCE RATE MAP (rJ.R.~ LON!:: X. THIS LOCATION IS UI:.Il::RMINEO
IIY SCAUNG FROM F.I.R.M. MAP NO. 12127C0685 G. UAP r.rrLCIIVt:. DA : APRil 15. 1002. AI'PROXIMATE SCAl.f:
1'- 1000'.
7. noco 70Nt CUWFlCATION ADDEO TO SURVF.Y lJI:.C. "'. 2002 (02 ,347.1).
8. "NOT VALID W11HOUI THE SIc;NATURf AND THt: ORIUINAL RAISED SCAI or A ~LOtlllJA UCENSED SlJRVf:YOR ANU
MAPPER. "
!l. UNI fSS OIHl:.tlWISE SHOWN, RECOOD. D15TANClS AND DIRECTIONS AND fin 0 MlMiURED OISTANcrS AND
Oltl[CTIONS ARE THE SAUr.
10. REViseD 10 (;ot(l(t CT TYPOGRAPHIC ERRons IN O~S~lf'TION. .AJl Y 8, 20.03 (STK)
NOTF':
NOI VALID WITHOUT THF SIGNATURE AND I/IC ORIClNAL RAlSFD SEAL OF A I L()IlIDA lICEN!>fJ)
SUf-lVl-. YO~ AND MAPPER.
Rrrf"Rr.NCI.: lOT 132 ANn TI-lJ,'" ~Y 1/2 Of I t'lT 1,:11,:11 WI! nwnnn I NIT J
PI AT PRFPARED ~Ol{ 1I1[ fOllOWlNC: (ONI Y THE lAS' UA rc IS CeRTIFIED ON ~F^LI-:D COpy)
THIS PLAT OF SUR'JEY IS CrRTlflm.10 ANlJ PREPARED FOR THE SOLE AND (XCI USlVI. IlLNEfll OF THE ENTITlES AND\OR
INUIVlUUALS LISTED BELOW. ON Tlfr MOST CURRf'.Nl OAI!:., AND SHALL NOT BC RCUrn UPON BY ANY OIHl:.tl ENTlTY OR
INOIVlOUAL WHOMSOEVER.
lEGAl DFSCRlP'TION:
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A PORnON OF THE NORTHERLY 1/2 or LOT 133, .WlLDWOOD SUBOIYlSlON UNIT J, AS RECOROEO IN PLAT BOOK 38.
PAGE 35 OF THE PUBUC.RECORDS OF \/OlUSlA COUNTY, FLORIDA AND BEINO MOftE PARnCUlARlY DESCRIBED ~
FOllOWS: .
C0h4WENClNG AT THE NORlHEAST ~f}t OF'SAIO l.OT 1~ RuN 520'18'34"[ A DISTANCE OF ']7.59 FEET TO THE
SOUTHEAST CORNER OF THE NORlH 112 OF SAID LOT 133: THENCE S69'43'26"W, ALONG niE SOUlHERlY UNE OF Tt1E
NOftTH 1/2 OF SAIO LOT 133, 10.00 FEET TO 1I-IE POINT OF BEGINNING; THENCE CONllNUlNG AlONG$A10 UNE
$160-43"2&"W A DISTANCE OF 100.00 FEET; THENCE. DEPARllNG SAID UNE. N20'S';54"W A DISTANCE. OF 10.00 FEET;
THENCE N6S1'43'26"E, ALONG A. UN[ 10.00 FEET NORnlERl Y OF AND PARALLEl WITH THE SOUTH LINE OF nlE NORlH
1/2 OF SAID LOT 13.3. A D1STANCE..OF 100.()l) 'FEET; THENctS~0'18'34"E A DISTANCE OF 10.00 FEET TO 1llE POINT
OF BEGINNING, . . .
CONTAINING 1,000 SQUARE FEn, MORE OR LEss.
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TYPE 01- ~~ It.! VI- V _. .qEt.:llt II:.U .19 SUkVE:Y DATI': ...JOO Nl)~I]i:R.-
SKETCH OF
DESCRIPTlON LOftl Ii.. I(RUf:~ JUNE 24 20()3 03-174~ -.
NOT CERn FlED TO ANY ~N'!1~F:!."AN.O.LCiR 'iNDIVIDUAL.'; .... .~
OiHER THAN THOSE" l.I!'lTrO ArJovr.
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SHFFT ') O~ 'i. VAliD WITH SIGNA TIJRF & ~ MHU~.'iCU SeAL ONLY
ro~ : LORI A. KRUEGER I HLHlljY ~"lHIIfY THl.T ms PlAT
uCl: IS lHf; UINIMIJII TFCHNICAI.
DATr :i'^NOAADS seT rORTH BY lHF
.. JOB NO. P.c. ORW. c:HfCKFO RY I L01~'U'" IIQAU!> Of" PROFFSSlONAL
~~~~o: ~:~';'~~~ ,UNE 24. 200;5 03-1746 ~IK ::;IK . _. I.ANI! !lu1l'v'f.'I'ORS IN CHAPTER
OE.~.._H, 2002 02-:5421 UIiol on 'S'n< 61<017 6. FLORIDA Al)f,lIN''''IlAllV\.
!OI'OGRAPHIt;: ~RVF:Y .-. COOL, "V1C:iV1IN I 10 sr.CllON
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PROPOSr.O ~O~E:. LOCAnON J.E. lAPERT. P.LS. NO. 40~
....- .. --- STrvrn T. KRUcrR, P.LS. NO. 4722
... C.O. VAN KLEEK. .Il., ".5.101. NO. 6149
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AGENDA REQUEST
Date: July 14. 2003
PUBLIC
HEARING
ORDINANCE
RESOLUTION
x
BOARD APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Resolution No. 2003-R-17; amending the By-Laws ofthe Recreation/Cultural Services Board for
a uniform set of procedures in conjunction with other City Boards.
BACKGROUND:
Recently City staff revised the By-Laws ofall City Advisory Boards and the By-Laws of the
Recreation/Cultural Services Board to be uniform in n.ature. At the June 12,2003 meeting, the
Board voted unanimously to approve the By-Laws as presented.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution No. 2003-R-17, which amends the Recreation/Cultural
Service Board By-Laws.
ACTION REQUESTED:
Motion to approve Resolution No. 2003-R-17, which amends the Recreation/Cultural Services
Board By-Laws.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
NO X
YES
DATE:
AGENDA ITEM NO.
Respectfully submitted,
~~~~
Barbara Kowall
Recreation/Cultural Services Board Recording Secretary
Attachments
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RESOLUTION NO. 2003-R-17
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA; APPROVING THE
RECREATION/CUL TURAL SERVICES BOARD BY-LAWS;
REPEALING RESOLUTIONS IN CONFLICT HEREWITH;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Edgewater, Florida, has made the following determinations:
1. Upon review and in an effort of consistency, it has been determined that the By- Laws
for various Boards and/or Committees should be modified to create a uniform set of procedures to
be utilized throughout the City; and
2. The Recreation/Cultural Services Board approved the By-Laws during their June 12,
2003 meeting.
NOW, THEREFORE, be it resolved by the City Council of the City of Edge water, Florida:
Section 1. The City of Edgewater hereby approves the Recreation/Cultural Services Board 0
By-Laws which are attached hereto and incorporated herein as Exhibit "A".
Section 2. All resolutions or parts of resolutions in conflict herewith be and same are hereby
repealed.
Section 3. This resolution shall take effect upon adoption.
2003-R-17
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After Motion by
the vote on this resolution was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
and Second by
AYE
NAY
PASSED AND DULY ADOPTED this 4th day of August, 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
2003-R-17
CITY COUNCIL OF THE
CITY OF EDGEW ATER, 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 4th day
of August, 2003 under Agenda Item No.6_.
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CITY OF EDGEW ATER
RECREATION/CULTURAL SERVICES BOARD
BY-LAWS
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ARTICLE I: Official Name
The official name of the this Board shall be the Recreation/Cultural Services Board of the
City of Edge water, Florida, hereinafterreferred to as "RCB."
ARTICLE II: Purpose and Intent
The purpose and intent ofthese By-Laws is to set forth a uniform set of procedures whereby
the City of Edge water Recreation/Cultural Services Board may regulate the manner in which it elects
officers, conducts meetings, and otherwise carries out its functions. The By-Laws will serve as a
guideline in handling all affairs pertaining to the Edgewater Recreation/Cultural Services Board.
ARTICLE III: Membership
1. Voting Members and Appointments
1. The RCB shall have seven (7) voting members. Each member shall be appointed by
the City Council for a term ofthree (3) years and shall be subject to removal as set
forth by the City Council. The terms of appointment shall be staggered.
2. A quorum shall consist of four (4) members. All recommendations and actions of
the Board shall require an affirmative vote of a majority of the members present.
3.
Prior to appointment, prospective members shall submit a City application, stating
therein a brief synopsis of their education, experience and reason for their interest in
serving on the RCB.
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4. To be eligible for appointment, a prospective member shall be a resident of the City
of Edgewater.
5. No member of the RCB shall receive compensation for their service, provided,
however, that members may be reimbursed for out-of-pocket expenses as approved
by the City.
B. Vacancies
1. During the term of appointment, should a member of the RCB change residence to
the extent he or she would not be eligible for appointment to the RCB, the member
shall forfeit the office and it shall be deemed vacant.
2. If a RCB member is absent for three (3) consecutive regular meetings, or is absent
for 25% of the four (4) total meetings during any calendar year, said member shall
forfeit the office and it shall be deemed vacant.
RCB By-Laws
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3.
City Council may remove any member of the RCB from office for Gausc pr 0 v idGd the
member isnotifiGd in writing of the dUl1gcs and after an opportunitJ for thc lllCD:lber
to be heard b, Council at any time.
4. Any vacancy occurring during the unexpired term of office of any member shall be
filled by City Council. The vacancy shall be filled as soon as practical after it occurs.
2. Voting Conflicts
I. No member ofthe RCB shall vote upon any matter which would inure to his or her
special private gain or loss, or any principle by whom he or she is retained, or by any
relative or business associate.
2. No member of the RCB shall appear for or represent any person in any matter before
the RCB other than him or herself. No past member shall appear before the RCB
except when representing him or herself for a period of twelve (12) calendar months
after his or her service has ended.
ARTICLE IV: Election of Officers
A. Chairman
I. The Chairman shall serve as the presiding officer at all meetings and hearings of the
RCB and appoint any committees from the RCB membership that are deemed
necessary .
2.
The Chairman shall be elected by a majority ofthe voting membership at the regular
meeting in January each year. The Chairman shall be eligible for re-election.
B. Vice Chairman
1. The Vice Chairman shall be elected by the RCB from among its regular members in
the same manner as the Chairman and shall be eligible for re-election.
2. The Vice Chairman shall serve as acting Chairman in the absence of the Chairman
and at such times shall have the same powers and duties of the Chairman.
3. In the event of death, resignation, or removal from office of the Chairman, the Vice
Chairman shall perform the various duties until such time the RCB shall elect a new
Chairman and Vice Chairman.
C. Other Presiding Officers
The members of the RCB may select an additional member to preside over the meeting(s)
in the absence of the Chairman and Vice Chairman.
D. Board Coordinator
1. The board coordinator shall be provided by the City and be a City employee.
RCB By-Laws
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2.
The board coordinator shall prepare and distribute agendas, correspondence and
minutes and shall establish and maintain files to ensure they are properly kept. All
recorded meeting tapes shall be provided to the City Clerk for safe keeping.
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3. Any correspondence prepared by a member of the RCB shall be provided to the
board coordinator for distribution to the RCB members.
E. Professional Support
The City shall provide professional support to the RCB as may be necessary.
ARTICLE V: Meetings/Hearings
A. Regular Meetings
Regularly scheduled meetings of the RCB shall be held the second Thursday of each month.
B. Special Meetings
Special meetings or hearings of the RCB may be called by the Chairman.
C. Requirements
All meetings shall be open to the public, provide due public notice, follow Roberts Rule of
Order and the Florida Sunshine Laws.
ARTICLE VI: Powers and Duties
A. The RCB shall exercise the following powers and duties:
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1. The Board shall be utilized in review of general service needs as well as planning and
development of specific projects involving parks and recreational activities and
facilities, beautification of the city and historical preservation.
2. Upon request, the Board shall make recommendations to the Director and City
Council concerning the following areas:
a. The Board shall study recreational needs for persons of all ages in the City,
and recommend the acquisition and utilization of land and facilities for this
purpose.
b. The Board shall study existing recreation activities in the City, assess future
needs and recommend changes or additions to various activities and programs.
c. The Board may coordinate with organized groups on matters or programs that
affect recreation within the City.
d. Study in depth and make recommendations on projects or programs assigned
by the Board.
RCB By-Laws
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3.
In addition to the duties defined herein the RCB shall seek to accomplish the
following relating to Historic Preservation:
a. Continuing the survey and inventory of historic buildings and areas and
Archeological sites and plan for their preservation.
b. Recommending designations of historic districts and individual landmarks and
landmark sites.
c. Regulating alteration, demolitions, relocations, and new construction to
designated property.
d. Adopting guidelines for changes to designated property.
e. Coordinating historic preservation work by working with and advising the
federal, state and county governments and other city departments or advisory
boards.
f. Advising and assisting property owners and other persons who are interested
in historic preservation.
g. Initiating plans for preservation and/or rehabilitation of individual historic
buildings or landmarks.
h.
Undertaking educational programs including the preparations ofpublications
and placing of historic markers.
1. Review all nominations oflocal property to the National Register of Historic
Places following the regulations of the State Historic Preservation Office.
B. Appeals
Any person aggrieved by the decision of the RCB shall appeal such decision to the City
Council.
VII: Amendments
The By-Laws may be amended at a regular or special meeting of the RCB, provided that a
written notice shall have been sent to each member at least thirty (30) days in advance of the vote,
which notice shall contain the proposed amendment.
RCB By-Laws
6
Attest:
Adopted by the Board this
day of
Barbara Kowall, Board Coordinator
RCB By-Laws
7
,2003.
Thomas Tipton, Jr., Chairman
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OLD BUSINESS
Adopt-A-Median Program
Mr. Corder stated since the last meeting, the Council had approved the program. The
Board discussed at length how best to go about approaching the businesses for donationS.
Mr. Corder explained the donated money is for maintenance of the medians already
completed. Some members felt this could be a hard sell to some businesses who may
only be interested in the medians in front of their locations, and also because the medians
completed are already beautifully maintained. Several issues were discussed which the
Board was undecided on and they agreed to TABLE this subject until the next meeting, to
be held in September.
Mr. Visconti asked the status of the All American City grant and Mr. Corder replied it
was tabled and the City will apply for it next year.
NEW BUSINESS
June Beautification Award
The Board reviewed the selections for the June Beautification Award and the winning
address was 3117 Needle Palm Drive. Mr. Visconti agreed to present the award to the
winners.
~iP!~~o~!J~s
Council
ADJOURNMENT
There being no further business, Mr. Visconti MOVED to adiourn. SECONDED by
Mr. Fishback.
Minutes submitted by
Barb Kowall
Recreation/Cultural Services Board
June 12, 2003 Minutes
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AGENDA REQUEST
Date: August 11. 2003
PUBLIC
HEARING
RESOLUTION August 18. 2003 ORDINANCE
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
Resolution No. 2003-R-18
A Resolution agreeing to negotiate in good faith with V olusia
County to establish an interlocal agreement providing for
emergency medical services and closest unit response. The
Resolution also declares opposition to the proposed V olusia
County Emergency Medical Services Ordinance due to the
requirement to mandate cl.osest unit response.
BACKGROUND:
The Resolution reaffirms the City of Edgewater's commitment to provide emergency medical
services that are in the best interest of its citizens and that of V olusia County. This commitment will
be exemplified by directing staff to negotiate in good faith an interlocal agreement to provide closest
unit response with the County of Vol usia.
The Resolution also requests that the County Council of V olusia County refrain from adopting its
V olusia County Emergency Medical Services Ordinance before additional revisions can be mutually
agreed upon. Along with numerous reasons listed in the resolution encouraging rejection, it is our
belief that the proposed ordinance provides mandates that V olusia County lacks the statutory
authority to demand.
STAFF RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 2003-R-18 which would require good
faith negotiations with V olusia County to establish an interlocal agreement providing for emergency
medical services and closest unit response. The Resolution also declares opposition of the proposed
V olusia County Emergency Medical Services Ordinance.
ACTION REOUESTED:
Motion to adopt Resolution No. 2003-R-18.
FINANCIAL IMP ACT: (FINANCE DIRECTOR) N/ A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A
PREVIOUS AGENDA ITEM:
YES
NO XX
DATE: N/A
AGENDA ITEM NO.
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~ectfullY submit! d,
Tracey . Barlow
Fire- escue Chief
, 0
Legal Review ~
~~~I
City Manager
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RESOLUTION NO. 2003-R-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW ATER, FLORIDA; OPPOSING VOLUSIA COUNTY'S
PROPOSED AMENDMENTS TO CHAPTER 46, ARTICLE III,
CODE OF ORDINANCES, COUNTY OF VOLUSIA,
RELATING TO EMERGENCY MEDICAL AND
PARATRANSIT SERVICES; CALLING FOR FURTHER
NEGOTIATION WITH VOLUSIA COUNTY FOR AN
INTERLOCAL AGREEMENT WITH RESPECT TO
EMERGENCY MEDICAL SERVICES AND A CLOSEST UNIT
RESPONSE PROGRAM; REPEALING RESOLUTIONS IN
CONFLICT HEREWITH; AND EST ABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Edge water, Florida, has made the following determinations:
1. The City of Edgewater provides emergency medical, fire and law enforcement
services to its citizens; and
2. The City supports and encourages the negotiation and development of an interlocal
agreement with the County of V olusia (the "County") for emergency medical services and a closest
unit response program; and
3. The City and the cities of New Smyrna Beach and Port Orange, have created a
regional emergency communication system serving emergency medical, fire and law enforcement
services within the cooperating cities which provides for the operation of fire and emergency medical
closest unit response; and
4. The City has further entered into a Memorandum of Understanding with the Cities
of Ormond Beach, Holly Hill, Daytona Beach, South Daytona, Port Orange and New Smyrna Beach
for the creation of an emergency medical and fire closest unit response plan serving the multiple
cooperating cities; and
2003-R-18
1
5. The County now proposes an ordinance that would unilaterally require all municipal
governments to enter into certain interlocal agreements with the County and require the provision
of emergency medical services to other jurisdictions, including but not limited to the County, under
the threat ofthe loss ofthe City's otherwise valid and renewable Certificate of Public Convenience
and Public Necessity; and
6. The County's proposed ordinance fails to address essential terms ofthe City's closest
unit response program and other requirements imposed by the contemplated interlocal agreement
pursuant to the Memorandum of Understanding; and
7. The City opposes a countywide unilateral proposal to create for its citizens an
infrastructure to provide communications, medical director, emergency medical services and other
mandatory requirements that it believes would be inferior to the present services its citizens presently
enJoy.
NOW, THEREFORE, be it resolved by the City Council ofthe City of Edge water, Florida:
Section 1. The City Council hereby affirms that the safety and welfare of the citizens of
Edgewater and the County should be carefully considered in the development of all emergency
medical, fire and law enforcement services through lawful mutual aid and interlocal agreements.
Section 2. The City has participated in and remains committed to furnishing emergency
medical services that are in the best interest of its citizens and that ofthe County by negotiation with
the County Council and area cities in an effort to develop a plan for emergency medical fire and law
enforcement services.
Section 3. The City staff is directed to attempt to negotiate with the County and other area
cities in an effort to establish a mutual closest unit response program.
2003-R-18
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Section 4. The City requests that the County refrain from adopting its ordinance before the
City and other area cities are allowed an opportunity to mutually agree upon the essential terms and
revisions to the proposed ordinance in order to establish legally binding obligations.
Section 5. The City staff is directed to advise the County officials that the City believess
the County's proposed ordinance should be rejected by the County for a number of reasons,
including but not necessarily limited to the following:
a. The County Ordinance does not provide for the vote of the electors of the County
or the City as required by Article VIII, Section 4 of The Constitution of Florida when
any function or power of a county or municipality is transferred to or contracted to
be performed by another government;
b.
The County lacks authority to mandate the City's exercise of its extraterritorial
powers as established pursuant to Article VIII, Section 2(b) ofthe Constitution ofthe
State of Florida;
c. The County ordinance does not comply with Section 401.25, Florida Statutes, which
requires the County to consider the recommendations of municipalities within its
jurisdiction in adopting reasonable standards for issuance of Certificates of Public
Convenience and Necessity;
d. The mandates contained in the County ordinance exceed the County's authority in
adopting reasonable standards for issuance of Certificates of Public Convenience as
provided for in Section 401.25, Florida Statutes;
e. The County ordinance lacks essential terms relating to the manner of funding for the
creation of the infrastructure and other essential terms of programs and plans
2003-R-18
3
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proposed by the ordinance;
The County ordinance fails to provide any level of intergovernmental cooperation;
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f.
g. The County ordinance ignores the City's existing regional approach to the furnishing
of emergency medical services, including closest responder services and related
dispatch;
h. The City believes that the proposed County ordinance, if adopted as currently
drafted, would result in a lesser level of service to the citizens of Edgewater and its
neighboring cities than that which the citizens presently enjoy.
Section 6. The City Manager of the City is hereby authorized to provide a copy of this
Resolution to the County Manager and the V olusia County Council to demonstrate its opposition
to the currently proposed draft of the County ordinance.
Section 7. City staff is hereby authorized to contact the County in an effort to cooperate with 0
and negotiate in good faith with the County and other area cities in an effort to establish an
emergency medical services and closest unit response program as part of an interlocal agreement.
Section 8. All resolutions or parts of resolutions in conflict herewith be and same are hereby
repealed.
Section 9. This resolution shall take effect upon adoption.
2003-R-18
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After Motion by
the vote on this resolution was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this
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
2003-R-18
and Second by
AYE
NAY
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day of August, 2003.
CITY COUNCIL OF THE
CITY OF EDGEW ATER, 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 18th day
of August, 2003 under Agenda Item No.6_.
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AGENDA REQUEST
CM: 2003-51
<.)
Date: July 25, 2003
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS August 4, 2003
ITEM DESCRIPTION:
Consider adoption of an Interlocal Agreement between V olusia County and its municipalities for the
distribution of proceeds from the Local Option Fuel Tax.
BACKGROUND:
The current Interlocal Agreement between V olusia County and its municipalities will expire on
August 31,2003. On September 1,2003, a new Interlocal Agreement based on percentages from
a 5-year average of transportation expenditures, or an agreement based on percentages from some
combination of lanes miles, population and/or property assessments must be instituted by State law.
Otherwise, the County Clerk of the Court will retain funds until a distribution agreement has been
executed between the County and cities. The allocation of local option fuel tax to the City of
Edgewater shall increase with the new formula based on lane miles and by population.
o STAFF RECOMMENDATION:
The City Manager has participated with the Local Option Fuel Tax finance committee, with other
cities and the County Manager. An agreement by and between the City/County managers has been
achieved. Staff recommends approval of the Interlocal Agreement.
ACTION REQUESTED:
Motion to approve the proposed Interlocal Agreement copcerning the distribution of Local Option
Fuel Tax and authorize the Mayor or City Manager to execute the Interlocal Agreement.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES X NO
DATE: December 20,1999
AGENDA ITEM NO. 7.B.
u
Respectfully submitted,
~c;;.r--
Kenneth R. Hooper
City Manager
:ejrn
F:\agendarequests\gaxtaxinterlocal03
FRANK T. BRUNO, JR
CHAIR
DISTRICT 2
JOSEPH C. JAYNES
VICE-CHAIR
DISTRICT 4
DWIGHT D. LEWIS
DISTRICT 1
JACK H. HAYMAN, SR.
DISTRICT 3
BILL LONG
DISTRICT 5
PATRICIA NORTHEY
A T LARGE
JOIE ALEXANDER
A T LARGE
CYNTHIA A. COTO
COUNTY MANAGER
!ft
Prinredon
Recycled Paper
County of VoCusia
COUNTY MANAGER
123 West Indiana Avenue Room 301 DeLand, Florida 32720-4612
(386) 736-5920 257-6011 423-3860 FAX 822-5707
www.volusia.org
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Per
July 18, 2003
MEMORANDUM
TO:
All City ManagersIMunicipalities
Ray Pennebaker, Deputy County Manager \;--~
FROM:
SUBJECT:
Interlocal Agreement for the Distribution of Proceeds from the Local
. Option Fuel Tax
Enclosed are 2 copies of the interlocal agreement for the distribution of local option
fuel tax proceeds. During the past few weeks, Frank Gummey, Deputy County
Attorney, has worked with Fritz Behring, City Manager, and Roland Blossom, City
Attorney, of the City of Deltona to address municipal concerns and finalize this
important document. The County Council is scheduled to consider the interlocal
agreement on July 24th at 9:15 a.m.
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We respectfully request that you place it on the agenda of your respective governing
bodies as soon as possible for consideration. Should you have any questions about
the interlocal agreement, please contact Mr. Gummey at (386) 736-5950.
Upon approval of your governing board, please sign and forward both executed
originals to Sue Whittaker, Deputy Clerk, in the Volusia County Manager's Office at
123 W. Indiana Avenue, DeLand, Florida 32720. We will redistribute an original to
each of you upon full execution. Copies of the signature pages for other
municipalities will also be forwarded to you when they are fully executed.
Thank you for your prompt attention to this matter.
cc: Cindy Coto, County Manager
Dan Eckert, County Attorney
Frank Gummey, Deputy County Attorney
Sue Whittaker, Deputy Clerk
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INTERLOCAL AGREEMENT FOR DISTRIBUTION
OF PROCEEDS OF LOCAL OPTION FUEL TAX
SEPTEMBER 1, 2003-AUGUST 31, 2013
THIS AGREEMENT between the COUNTY OF VOLUSIA, a political
subdivision of the State of Florida, and the municipalities by which it is executed,
provides for the distribution of the proceeds of the 6-Cent Local Option Fuel Tax
imposed by the County of Volusia under the authority of Section 336.025(1 )(a),
Florida Statutes (2003), as amended, and the Additional5-Cent Local Option Fuel
Tax imposed by the County of Vol usia under the authority of Section 336.025(1)(b),
Florida Statutes (2003), as amended, and Chapter 114, Articles III and VI, County
Code of Ordinances, as follows:
1.
In addition to any other taxes allowed by law, the 6-Cent Local Option Fuel
Tax and Additional5-Cent Local Option Fuel Tax upon every gallon of motor
fuel sold in V olusia County under the authority of the statutes and ordinances
referred to above shall be distributed to county and participating municipal
governments in Volusia County.
2. Fifty-seven and two hundred thirty-nine thousandths percent (57.239%) of
the 6-Cent Local Option Fuel Tax and Additional 5-Cent Local Option Fuel
Tax levied under the authority of the statutes and the ordinances referred to
above shall be distributed to County of Volusia.
3. Forty-two and seven hundred sixty-one thousandths percent (42.761 %) of
the 6-Cent Local Option Fuel Tax and the Additional 5-Cent Local option
Fuel Tax levied under the authority of the statutes and ordinances referred to
above shall be distributed to municipalities within Volusia County (hereinafter
"participating municipalities"). For each calendar year, the 6-Cent Local
Option Fuel Tax and the Additional 5-Cent Local Option Fuel Tax shall be
distributed among the participating municipalities as follows:
(a) From the first $22,170,519.32 of the 6-Cent Local Option Fuel Tax
and Additional 5-Cent Local Option Fuel Tax received by the Florida
Department of Revenue collected within Volusia County in each
calendar year:
(1) Seven and seven hundred eight thousandths percent (7.708%)
shall be distributed to the City of Daytona Beach.
(2) One and two hundred twenty eight thousandths percent
(1.228%) shall be distributed to the City of Daytona Beach
Shores.
(3) Two and thirty eight thousandths percent (2.038%) shall be
distributed to the City of Debary.
(4) Two and three hundred fifty thousandths percent (2.350%)
shall be distributed to the City of DeLand.
(5) Nine and four hundred twenty eight thousandths percent
(9.428%) shall be distributed to the City of Deltona.
(6) One and eight hundred forty seven thousandths percent
(1.847%) shall be distributed to the City of Edgewater.
(7) One and two hundred forty seven thousandths percent
(1.247%) shall be distributed to the City of Holly Hill.
(8) Two hundred fifty three thousandths percent (0.253%) shall be
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distributed to the City of Lake Helen.
(9) Three and three hundred twenty thousandths percent (3.320%)
shall be distributed to the City of New Smyrna Beach.
(10) One hundred fifty two thousandths percent (0.152%) shall be
distributed to the City of Oak Hill.
(11) Eight hundred forty thousandths percent (0.840%) shall be
distributed to the City of Orange City.
(12) Five and eighty seven thousandths percent (5.087%) shall be
distributed to the City of Ormond Beach.
(13) Two hundred ten thousandths percent (0.210%) shall be
distributed to the Town of Pierson.
(14) Six hundred fifty three thousandths percent (0.653%) shall be
distributed to the Town of Ponce Inlet.
(15) Five and seventeen thousandths percent (5.017%) shall be
distributed to the City of Port Orange.
(16) One and three hundred eighty three thousandths percent
(1.383%) shall be distributed to the City of South Daytona.
(b) From forty-two and seven hundred sixty-one thousandths percent
(42.761 %) of the 6-Cent Local Option Fuel Tax and the Additional 5-
Cent Local Option Fuel Tax received by the Florida Department of
Revenue collected within Volusia County in each calendar year in
excess of $22,170,519.32:
(1) One third shall be divided among the participating
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municipalities based on the ratio of each participating
municipality's total assessed property value including exempt
and immune properties to the total assessed property value of
all participating municipalities. The assessed property value
utilized shall be derived from the most recent final tax roll
certified by the Volusia County Property Appraiser; and
(2) One third shall be divided among the participating
municipalities based on the ratio of each participating
municipality's current population to the total current population
of all participating municipalities. The populations utilized shall
be as determined by the most recent available report, Florida
Estimates of Population, published by the Bureau of Economic
and Business Research, University of Florida; and
(3) One third shall be divided among the participating
municipalities based on the ratio of current lane miles of city
roads of each participating municipality to the total current lane
miles of city roads of all participating municipalities. Lane
miles of city roads utilized shall be as determined by the most
recent available report of the Florida Department of
Transportation, City/County Mileage Report.
(4) Prior to July 1 each year, the County shall recalculate the
ratios in section 3(b) based upon the latest available data and
advise the Florida Department of Revenue and the
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4.
participating municipalities of the revised percentages the
participating municipalities will receive in the next calendar
year.
Only those municipalities eligible for participation in the distribution of
moneys under Parts II and VI of Chapter 218, Florida Statutes, are eligible to
receive any portion of the proceeds of the 6-Cent Local Option Fuel Tax and
Additional5-Cent Local Option Fuel Tax imposed by the County. Any funds
otherwise undistributed because of ineligibility shall be distributed to eligible
governments within the County in the same proportion as the 6-Cent Local
Option Fuel Tax and the Additional 5-Cent Local Option Fuel Tax funds
distributed to eligible governments.
The County and participating municipalities shall utilize moneys received
from the 6-Cent Local Option Fuel Tax only for transportation expenditures
as provided in Section 336.025(1)(a)1, Florida Statutes (2003), or as may
hereafter be provided by law.
The County and participating municipalities shall use. moneys received
pursuant to the Additional 5-Cent Local Option Fuel Tax for transportation
expenditures needed to meet the requirements of the capital improvements
element of an adopted comprehensive plan or for expenditures needed to
meet immediate local transportation problems and for other transportation-
related expenditures that are critical for building comprehensive roadway
networks by local governments as provided in Section 336.025(1 )(b)3,
Florida Statutes (2003), or as may hereafter be provided by law. For the
5.
6.
5
7.
purposes of this paragraph, expenditures for the construction of new roads,
or the reconstruction or resurfacing of existing paved roads or the paving of
existing graded roads shall be deemed to increase capacity and such
projects shall be included in the capital improvements element of an adopted
comprehensive plan. Expenditures of the Additional 5-Cent Local Option
Fuel Tax shall not include routine maintenance of roads. Routine
maintenance means minor repairs and associated tasks necessary to
maintain a safe and efficient transportation system. The term routine
maintenance includes: pavement patching; shoulder repair, cleaning and
repair of drainage ditches, traffic signs, and structures; mowing; bridge
inspection and maintenance; pavement striping; litter clean up; and other
similar activities.
For the purposes of this agreement, "transportation expenditures" means
expenditures by the local government from local or state shared revenue
sources, excluding expenditures of bond proceeds, for the following
programs:
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(a)
(b)
Public transportation operations and maintenance;
Roadway and right-of-way maintenance and equipment and
structures used primarily for the storage and maintenance of
such equipment;
Roadway and right-of-way drainage;
Street lighting;
Traffic signs, traffic engineering, signalization, and pavement
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(c)
(d)
(e)
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markings;
(f) Bridge maintenance and operation; and
(g) Debt service and current expenditures for transportation capital
projects in the foregoing program areas, including construction
or reconstruction of roads and sidewalks.
8. The County and participating municipalities shall separately budget and
account for the 6-Cent Local Option Fuel Tax and the Additional 5-Cent
Local Option Fuel Tax in order to segregate expenditures of each tax for
compliance with the limitations on expenditures contained in this agreement.
In the alternative, the County or a participating municipality may budget and
account for the 6-Cent Local Option Fuel Tax and the Additional 5-Cent
Local Option Fuel Tax in combination so long as each and every expenditure
of either Local Option Fuel Tax is limited to the uses proscribed for the
Additional 5-Cent Local Option Fuel Tax as set forth in Section
336.025(1 )(b)3, Florida Statutes (2003), or whatever is the most restrictive
use of any Local Option Fuel Tax moneys as may be hereafter proscribed by
law.
9. This agreement shall apply to the proceeds of the 6-Cent Local Option Fuel
Tax and the Additional 5-Cent Local Option Fuel Tax levied on motor fuels
sold between 12:01 a.m., September 1, 2003, and midnight, August 31,
2013, whether or not those proceeds are actually collected or received within
that period.
10. This agreement shall become effective if, prior to August 15, 2003, it shall
7
have been executed by the County and by participating municipalities
representing a majority of the population of the incorporated area of the
County. It may be executed by signature on a separate sheet attaching a
copy of the agreement. The original agreement with all original signature
pages shall be maintained on file in the Office of the County Manager. If it
shall not be executed by the County and by the requisite number of
participating municipalities prior to the date set forth above, it shall be of no
effect, and any local option fuel tax imposed under this statute referred to
above shall be divided as otherwise provided by law.
IN WITNESS WHEREOF, the parties hereto have caused the execution
hereof by their duly authorized officials on the dates indicated below.
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INTERLOCAL AGREEMENT FOR DISTRIBUTION
OF PROCEEDS OF LOCAL OPTION FUEL TAX
SEPTEMBER 1, 2003-AUGUST 31, 2013
COUNTY COUNCIL
COUNTY OF VOLUSIA
Attest:
Cynthia A. Coto
County Manager
By:
Attest:
Print Name:
Frank T. Bruno, Jr., Chair
Date:
CITY OF DAYTONA BEACH
By:
Print Name:
Date:
9
INTERLOCAL AGREEMENT FOR DISTRIBUTION
OF PROCEEDS OF LOCAL OPTION FUEL TAX
SEPTEMBER 1, 2003-AUGUST 31,2013
o
COUNTY COUNCIL
COUNTY OF VOLUSIA
Attest:
Cynthia A. Coto
County Manager
By:
Frank T. Bruno, Jr., Chair
Date:
CITY OF DAYTONA BEACH SHORES
By:
Print Name:
Attest:
Print Name:
o
Date:
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INTERLOCAL AGREEMENT FOR DISTRIBUTION
OF PROCEEDS OF LOCAL OPTION FUEL TAX
SEPTEMBER 1, 2003-AUGUST 31,2013
COUNTY COUNCIL
COUNTY OF VOLUSIA
Attest:
Cynthia A. Coto
County Manager
By:
Frank T. Bruno, Jr., Chair
Date:
CITY OF DEBARY
Attest:
Print Name:
U Date:
By:
Print Name:
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INTERLOCAL AGREEMENT FOR DISTRIBUTION
OF PROCEEDS OF LOCAL OPTION FUEL TAX
SEPTEMBER 1, 2003-AUGUST 31,2013
o
COUNTY COUNCIL
COUNTY OF VOLUSIA
Attest:
Cynthia A. Coto
County Manager
By:
Frank T. Bruno, Jr., Chair
Date:
CITY OF DELAND
Attest:
Print Name:
By:
Print Name:
Date:
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INTERLOCAL AGREEMENT FOR DISTRIBUTION
OF PROCEEDS OF LOCAL OPTION FUEL TAX
SEPTEMBER 1, 2003-AUGUST 31, 2013
COUNTY COUNCIL
COUNTY OF VOLUSIA
Attest:
Cynthia A. Coto
County Manager
Attest:
Print Name:
By:
Frank T. Bruno, Jr., Chair
Date:
CITY OF DEL TONA
By:
Print Name:
Date:
13
INTERLOCAL AGREEMENT FOR DISTRIBUTION
OF PROCEEDS OF LOCAL OPTION FUEL TAX
SEPTEMBER 1, 2003-AUGUST 31,2013
o
COUNTY COUNCIL
COUNTY OF VOLUSIA
Attest:
Cynth ia A. Coto
County Manager
By:
Frank T. Bruno, Jr., Chair
Date:
CITY OF EDGEWATER
Attest:
Print Name:
By:
Print Name:
Date:
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INTERLOCAL AGREEMENT FOR DISTRIBUTION
OF PROCEEDS OF LOCAL OPTION FUEL TAX
SEPTEMBER 1, 2003-AUGUST 31, 2013
COUNTY COUNCIL
COUNTY OF VOLUSIA
Attest:
Cynth ia A. Coto
County Manager
Attest:
Print Name:
By:
Frank T. Bruno, Jr., Chair
Date:
CITY OF HOLLY HILL
By:
Print Name:
Date:
15
INTERLOCAL AGREEMENT FOR DISTRIBUTION
OF PROCEEDS OF LOCAL OPTION FUEL TAX
SEPTEMBER 1, 2003-AUGUST 31, 2013
o
COUNTY COUNCIL
COUNTY OF VOLUSIA
Attest:
Cynthia A. Coto
County Manager
By:
Frank T. Bruno, Jr., Chair
Date:
CITY OF LAKE HELEN
Attest:
Print Name:
By:
Print Name:
Date:
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INTERLOCAL AGREEMENT FOR DISTRIBUTION
OF PROCEEDS OF LOCAL OPTION FUEL TAX
SEPTEMBER 1, 2003-AUGUST 31,2013
COUNTY COUNCIL
COUNTY OF VOLUSIA
Attest:
Cynthia A. Coto
County Manager
By:
Attest:
Print Name:
Frank T. Bruno, Jr., Chair
Date:
CITY OF NEW SMYRNA BEACH
By:
Print Name:
Date:
17
INTERLOCAL AGREEMENT FOR DISTRIBUTION
OF PROCEEDS OF LOCAL OPTION FUEL TAX
SEPTEMBER 1, 2003-AUGUST 31,2013
o
COUNTY COUNCIL
COUNTY OF VOLUSIA
Attest:
Cynthia A. Coto
County Manager
By:
Frank T. Bruno, Jr., Chair
Date:
CITY OF OAK HILL
Attest:
Print Name:
By:
Print Name:
Date:
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INTERLOCAL AGREEMENT FOR DISTRIBUTION
OF PROCEEDS OF LOCAL OPTION FUEL TAX
SEPTEMBER 1, 2003-AUGUST 31,2013
COUNTY COUNCIL
COUNTY OF VOLUSIA
By:
Attest:
Cynthia A. Coto
County Manager
Attest:
Print Name:
Frank T. Bruno, Jr., Chair
Date:
CITY OF ORANGE CITY
By:
Print Name:
Date:
19
INTERLOCAL AGREEMENT FOR DISTRIBUTION
OF PROCEEDS OF LOCAL OPTION FUEL TAX
SEPTEMBER 1, 2003-AUGUST 31,2013
o
COUNTY COUNCIL
COUNTY OF VOLUSIA
Attest:
Cynthia A. Coto
County Manager
By:
Frank T. Bruno, Jr., Chair
Date:
CITY OF ORMOND BEACH
Attest:
Print Name:
By:
Print Name:
Date:
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o
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INTERLOCAL AGREEMENT FOR DISTRIBUTION
OF PROCEEDS OF LOCAL OPTION FUEL TAX
SEPTEMBER 1, 2003-AUGUST 31, 2013
COUNTY COUNCIL
COUNTY OF VOLUSIA
Attest:
Cynthia A. Coto
County Manager
Attest:
Print Name:
By:
Frank T. Bruno, Jr., Chair
Date:
TOWN OF PIERSON
By:
Print Name:
Date:
21
INTERLOCAL AGREEMENT FOR DISTRIBUTION
OF PROCEEDS OF LOCAL OPTION FUEL TAX
SEPTEMBER 1, 2003-AUGUST 31,2013
o
COUNTY COUNCIL
COUNTY OF VOLUSIA
Attest:
Cynthia A. Coto
County Manager
By:
Frank T. Bruno, Jr., Chair
Date:
TOWN OF PONCE INLET
Attest:
Print Name:
By:
Print Name:
Date:
o
o
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INTERLOCAL AGREEMENT FOR DISTRIBUTION
OF PROCEEDS OF LOCAL OPTION FUEL TAX
SEPTEMBER 1, 2003-AUGUST 31,2013
COUNTY COUNCIL
COUNTY OF VOLUSIA
Attest:
Cynthia A. Coto
County Manager
Attest:
Print Name:
By:
Frank T. Bruno, Jr., Chair
Date:
CITY OF PORT ORANGE
By:
Print Name:
Date:
23
INTERLOCAL AGREEMENT FOR DISTRIBUTION
OF PROCEEDS OF LOCAL OPTION FUEL TAX
SEPTEMBER 1, 2003-AUGUST 31,2013
o
COUNTY COUNCIL
COUNTY OF VOLUSIA
Attest:
Cynthia A. Coto
County Manager
By:
Frank T. Bruno, Jr., Chair
Date:
CITY OF SOUTH DAYTONA
By:
Print Name:
Attest:
Print Name:
Date:
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AGENDA REQUEST
Date: August 18, 2003
Public Hearing
Resolution
Ordinance
Board Appointment
Consent
Other Business
x
ITEM DESCRIPTION.
Holiday Builders, Inc., 2521 Mango Tree Drive, is requesting a Tree Permit to remove one (1) 42"
Historic live oak tree and one (1) 47.5" Historic live oak tree from this property to build a new
single family residence.
BACKGROUND.
On July 24, 2003, Dennis I. Fischer, Building Official for the City of Edgewater, performed a
routine permit inspection. Upon inspecting the trees, Mr. Fischer determined the trees are
Historical, in good condition and therefore requested the City deny Holiday Builders request to
remove the two (2) Historical Trees.
Article V, Section 21-55.04, Historic Trees, of the City of Edgewater Land Development Code
states that: "Pursuant to Section 50-71, Volusia County Code of Ordinances as amended, the
following trees (Live Oak & Bald Cypress 36" in diameter at DBH) are designated as Historic
Trees within the City: Historic trees shall only be removed upon approval of a Tree Permit granted
by the City Council."
RECOMMENDATION.
Since the Historical Trees are located in the middle of the property where the house is to be
located, I recommend approval of the Tree Permit with the condition that Holiday Builders re-plant
thirty-six (36) oak trees measured 2 Y:z" diameter 6" above soil line. Replacement per Section 21-
55.08 (b) of the Land Development Code. The other method would be payment to the city tree
fund of $58.22 per inch of diameter with a total of $4,500.00. The combination of trees and
payment to the fund may also be permitted. Trees or funds may be donated to City' for
replacement on public property.
ACTION REQUESTED.
Motion to approve the Tree Permit for removal of one (1) 42" Historic Live Oak Tree and one (1)
47.5" Historic Live Oak Tree with the condition that section 21-55.08 (b) of the Land Development
Code is met.
1
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED): N/A
PREVIOUS AGENDA ITEM:
YES
DATE:
Respectfully Submitted,
H:\Tonya\dennis\agenda request 2521 Mango Tree Dr
,
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Agenda Request
2521 Mango Tree Drive 0
August1~003
Page -02-
NO X
AGENDA ITEM NO.:
~&..~\\
Kenneth R. Hooper
City Manager
~np'-d~rlt
Legal Depa ent
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Environmental Management ,
123 West Indiana 'AvenulO" . RClom 202 . DeLand, Florida :12720-4621
Tel(~phone: (386)736-5927 . (386)254-4612 . (386)423-3303
Suncom 377-5921 .' Fax (386)740-5193
, www.volusia.org
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ZONING SETBACK
FRONT
SIDES
REAR
FRONT
ADDRESS 2. S ~ I
PERMIT NUMBER -
- PROTECTED TREI::S -
INSPECTOR ~\'..
DATE "7 ~ 2.2.. ';03
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MANGU I Kt:t: Ut"\1 v C
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LOT 4666
'1
LOT 4669
~ LOT 4667
20.00 (P) 120.35 (
;-'
.9. 'D.OO'(?)
VD
00,
00"
~.
~LEV A TIONS ARE BASED ON AN
\SSUMED ELEVATION
F 100.00' AT THE CENTERLINE
OF MANGO TREE DRIVE
SPOT ELEVATION = ~
25'% CANAL
4Q.0D'(P)
",:,18'
~~\J
'?Jc}\:!
FOUND
POINT ON LINE
5/8" IRC
#4165
~OFBANK. -r;
BLOCK 166_ 1
WOODED LOT
LOT 4974
LOT 4975
~
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8'
~ ~
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./ RIDGEWOOD PLUS / /
p~~~6~~6~1~~~.1'i/ /
FLOOR ELEVATION /
/ 101.50'/ /
--? .'
/ ,/
LOT 4973
LOT 4972
~~
52.00'
IDQ:
~~
~
~
. .9i!:....
MANGO TREE DRIVE
(50' RIGHT-OF-WAY)
;).Sd.\
GRAPHIC SCALE
25' 15' 5' SCALE 1" = 30'
3~0'
LOT 4665
FOUND
POINT ON LINE
5/8" IRC
#2599
LOT 4971
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FOUND 4" X 4'
NCRETE
MONUMENT
LEGAL DESCRIPTION: LOTS 4972-4973 &. 4974, BLOCK 16'6, FLORIDA SHORES UNIT No-6,
ACCORDING TO THE MAP RECORDED IN MAP BOOK 23, PAGE 109, PUBLIC RECORDS OF
VoLUSIA COUNTY, FLORIDA.
DIMARSICO SURVEYING INC.
PROFESSIONAL LAND SURVEYORS AND MAPPERS
PHONE: (904) 426-1329, FAX (904) 426-1324
927 S. RIDGEWOOD, UNIT A2,
EDGEWATER FLORIDA, 32132
GENERAL NOTES:
1. THIS IS AN BOUNDARY SURVEY PERFORMED IN THE FIELD ON
19, FEB. 2003
2. UNDERGROUND FEATURES ANDIOR UTILITIES HAVE NOT BEEN
LOCATED (UNLESS OTHERWISE NOTED) .
3. DESCRIPTION SHOWN ABOVE HAS BEEN FURNISHED BY CLIENT,
OR REPRESENTATIVES OF CLIENT, NO SEARCH OF PUBLIC RECORDS
HAS BEEN DONE BY THIS OFFICE.
4. SUBJECT TO ANY EASEMENTS, RESTRICTIONS, RESERVATIONS,
RIGHT OF WAYS, EITHER RECORDED, PRIVATE. AND/OR VERBAL.
5. THIS PROPERTY LIES IN ZONE(S) X&A PER FLOOD INSURANCE RATE
MAP COMMUNITY PANEL NUMBER 12127CO 685 G DATED 04.1S.{)2
. ..
LEGEND:
RIW RlGHTOf~"Y
Me RE8AAAHDCN'
I.P. IAOH~PE
C.M. OQHCR!l'E M<>>IUNENT
La. lAND lllRViyOR
LA LICENSED auaJlESS
p.c. POtHTOf~"T\.RE
P.T. POlNTOFTAHGEHC't
RFD ROOfED fHTRY
PII.. PROPERTY UNf
OT,," Ta.f9HOtE PfOESTAI..
. Ul' EDGE Of PAVEJoEHT
ON OVERtEADunmu
~~a.. ~~HT~GtHttG
COHC. CQNCREtI:
A..c. AIR CONOll"lONER
L AACI.EHG1l<
DE. DELTA
CH. QiORD.........
R. AADUI
RAD ........
N.R. NOTRAIJIH.
W'". C"'Q,) UTlJTY pOLE
Co\. ceNTERUHE
P. PlAT
II. IoIEASU'ED
D. """"""'"
.... RESIOEHCE
ca CONCRETEBLOQ(
lAC IAONROl)lCN'
NID NAIl1KJD&SC
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P.OL
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TELEPHONE PEDE8TH..
pOlNTOHUNE .
HAL l DISC
pOSlTlVE EFflJJENT PU#
ASSUWEO sPOTl!lEV.4.TIONS
PREPARED FOR:
HOLIDAY BUILDERS INC.
CERTIFIED TO:
HOLIDAY BUILDERS INC.
BANK OF AMERICA, N.A.
SOUTHERN TITLE OF CENTRAL FLORIDA LLC.
STEWART TITLE GUARANTY COMPo
REVISED:
BOUNDARY:
PLOT PLAN:
STAKE HOUSE:
FOUNDATION:
SWALE STAKE:
FINAL:
SCALE:
20. FEB. 2003
26, MAY. 2003
1" = 30'
ASBUIL T:
CERTIFICATE OF AUTHORIZATION NUMBER LB. 7164
FILE NUMBER: 239-03
I HEREBY CERTIFY THAT THIS SKETCH OF CIJRvEY OFll"E SUBJECT
PROPERTY 15 TRUE AND CORRECT TO THE BEST CF '-f'( mOWLEDGE. INFORMATION
AND BELIEF AS SURVEYED IN THE FIELD UNDER I.f{ SUPERVISION ON THE DAlES
SHOWN HEREON. I FURTHER CERTIFY THIS SKETCH OF SURVEY MEETS mE MINIMUI
TECHNICAL STANDARDS SET FORTH IN F.A.C. RULE 81017-6. ADOPTED BY
THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS,
PURSUANT TO R.ORIDA STATUTES CH. 472.027.
SUBJECT TO lHE OUAUFICA. TIONS NOTED HEREON.
. // /' /.6P //~/
a~~/,;-- ~ /~~ /'
RALPH DIMARSlCO (PROFES$IONAlSURVEYOR AND MAPPER NO. 5180. STATE OF FLOR
. EDWIN H. HALL (PROFESSIONAl SURVEYOR AND MAPPER NO. 62401, STATE OF FLORIC
. 927 S. RIDGEWOOO. UNIT A2, EDOEWA TER R.ORIDA. 32132
SURVEY NOT VALID \IIITHOUT SURVEYORS SIGNATURE AND EMBOSSED SEAl
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AGENDA REQUEST
Date: 7/22/03
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
OTHER
BUSINESS XX
CONSENT
ITEM DESCRIPTION:
Terra Mar Sewer System Rehabilitation/Authorization
To Piggyback City of Port Orange bid of December 19,2002.
BACKGROUND:
The City of Edgewater will be assessing residents/property owners in
Terra Mar for improvements and renovation to the water and sewer
system purchased by the City. This sewer system rehabilitation totals
$161,800.00.
STAFF RECOMMENDATION:
Staff recommends S. O. S. Construction Corporation, the low
bidder and project awardee for the City of Port Orange sewer
rehabilitation bid, be contracted with at the Port Orange bid
prices to perform the repairs to the Terra Mar sewer collection
system.
ACTION REQUESTED: A motion to piggyback on Port Orange Bid #B03-07 for "Sewer System
Rehabilitation Lateral Lining" for the Terra Mar Sewer System
Rehabilitation at a cost of$161,800.00 and authorization for the Mayor
to execute the contract documents with S.O.S. Construction Corporation
on behalf of the City.
FINANCIAL IMPACT: (FINANCE DIRECTOR) JIIJ!
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) :iProtV/)J;t1-1tt! 4ft-1{ fr~)
PREVIOUS AGENDA ITEM:
YES
NO
XX
DATE:
AGENDA ITEM NO.
Respectfully submitted,
~~.~
Department ctor
~cr-:-P~--,~'rK
Robin Matusick, Paralegal \
~~~~~\t
City Manager
U C:\MyDocirnents\TerrysFiles\AgendaRequest
SECTION 00310
I
\.
CITY OF EDGEWATER
TERRA MAR SEWER SYSTEM REHABILITATION
~
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These unit prices were submitted to the City of Port Orange on December 19, 2002. It is the intent of the City of Edgewater to utilize those
unit prices on this Contract.
SCHEDULE OF UNIT PRICES
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ITEM#
1
DESCRIPTION QTY. UNIT UNIT PRICE TOTAL PRICE
CURED IN PLACE PIPE
a) 8 inch diameter 4,200 L.F. $27.00 $113,400.00
b) 6 inch diameter 1,200 L.F. $25.00 $30,000.00
POINT REPAIR DIG UP AND REPAIR
a) 0' - 6' 4 E.A. $4,000.00 $16,000.00
MANHOLE REHABILITATION 2 E.A. $1,200.00 $2,400.00
TOTAL $161,800.00
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3
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Contractor:
Address:
Telephone:
S.O.S. Construction Corporation
5600 N.W. 84th Avenue, Miami, FL 33166
(305) 477-6847
I
Fax:
State of Florida Certified Underground or General Contractor (Required Information)
Licensee: Raciel M. Sanchez
Licensee: Raciel M. Sanchez License No.
License No.
(305) 477-6745
I
CGC-056934
CUC-057117
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00310-1
terra mar sewer system rehabilitation .xls
~~/24/200] 17:06
.
3054776745
SOS/REPIPE INC
PAGE 01104
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April 24;> 2003,
City ofEdgewater
Attn: Mr. Terry Wadswonh, Director
104 N. Riverside Drive
Edgewater, FL 32132..0100
Dear Mr. Wadsworth:
It was a pleasure meeting you~ Ms. Brenda Johnson and Mr. Bobby Laramore to discuss
the needs of the City for the Wastewater-and Stonn Collection System concerning inflow
and infiltration (I & 1).
u
We cwrently are performing cleaning, televising, point repairs, lining projects, etc.. tOr
the City of Port Orange named "Sewer System Rehahilitation Lateral Lining"
Bid # B01-07 prepllf"ed by Quentin L. Hampton Associates, Inc. .
Our company has agreed to allow a ''Piggyback'' prograUl for the City of Edgewater in
its' entirety for Bid #803-0''-
Once you have detcnnined the location of immediate concern, we will work closely with
you to otrer the best approach method to meet the requirements and objectives.
Should you desire any additional information in the interim, please give me a c::aIL
Again, thank you for the opportunity and we are looking forward to building oue
relationship and exceeding the eA-pectations.
~
Mike Angel for St d.d,
Vice President OfOpecatjons
Cc: Brenda Johnson,. City ofEdgewater
Steve Cudd. SOSIRePipe lnc_
EneL: Insurance naming City ofEdgewateJ"
u
5600 N- w: 8461 Avenue
Miami. Fl33166
Tet 3054n-6847
F~: 30S-477~14.s
www.repipeinc.com
134/24/2130;3 17: 06 3054776745 SOS/REPIPE INC PAGE 82/04 \.
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THE CITy'OF EDGE WATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
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'-tdayor Donald A. Schmidt
District 1 Councilman James P. Brown
District 2 Councilman Myron R. Hammond
District 3 Councilwoman Harriet E. Rhodes
District 4 Councilwoman Judith R. Lichter
City Manager Kenneth R. Hooper
City Attorney Scott A. Cookson
City Clerk Susan J. Wadsworth
Asst. City Manager Elizabeth J. McBride
Paralegal Robin L. Matusick
August 18, 2003
Joseph S. Lambert, President
Regions Bank of V olusia County
P.O. Box 430
New Smyrna Beach, FL 32170-0430
Re: . Offer to Purchase Real Property
Dear Mr. Lambert:
The City.ofEdgewater met with you on November 20,2002, to discuss the potential purchase of the
Edgewater Regions Bank' branch located at 1404 S. Ridgewood Avenue. Subsequently, the City
retained Pomeroy Appraisal Associates of Florida Inc. (Paid jointly by the City and Regions Bank)
to prefomi an appraisal of that facility. The appraisal report completed by Ronald Crouse on
February 26, 2003, estimated the "as is" value to be $2,000,000.
o The City contracted with Katie Gierok, P.E., Gierok Engineering, Inc., to complete a preliminary
analysis of the Regions Bank building. Her report describes the need for approximately $200,000
for upgrades and repairs to the building. Based on the assessment by the engineer, the City is making
an Offer to Purchase said Bank building for a purchase price of$ 1./ R~IJ/ t!Joo .00 .
Please accept this as a formal offer and contact me or City Manager Ken Hooper (424-2404)ifwe
.. can provide any additional information.
Sincerely,
. .
Donald A. Schmidt
Mayor
DAS:ejm
cc: City Council
Ken Hooper, City Manager
Katie Gierok, P .E.
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M 2003-07
OFFICE OF THE MA YOR
104 NORTH RIVERSIDE DRIVE
(386)424-2407 FAX-(386)424-2409
e-mail: Mayor@cltyofedgewater.org
F:\mayor\regionsbankproposal
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AGENDA REQUEST
Date: August 11. 2003
PUBLIC
HEARING
ORDINANCE
RESOLUTION
BOARD APPOINTMENT
CONSENT
OTHER
BUSINESS x
ITEM DESCRIPTION:
Landscape Construction Documents S.R. 442/Indian River Boulevard
BACKGROUND:
The City of Edge water has entered into an Agreement with FDOT for (2) two grants for
$50,000.00 each to initiate the landscaping of S.R. #442IIndian River Boulevard when the
widening project is complete. These grants are for the purchase of plant material only. LDI has
proposed to provide landscape plans, construction plans for permitting for the S.R. #442 corridor
for the total sum of $58,440.00.
STAFF RECOMMENDATION:
Staff recommends that the City of Edge water enter into an Agreement with LDI (Land Design
Innovations) for the sum of $58,440.00 to provide landscape plans, construction plans for
permitting as described in LDI proposal #99048.12A.
ACTION REQUESTED:
Motion to accept proposal #99048.I2A from LDI for the sum of $58,440.00 and authorize staff
to issue work order to perfunn the task. ~
FINANCIAL IMPACT: (FINANCE Dll!.EcrO~ ~
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES
PREVIOUS AGENDA ITEM:
YES
NO x
DATE:
AGENDA ITEM NO.
Respectfully submitted,
~.
~<A-. Robin
araleg
\~~~'^'-~ .~\
Kenneth R. Hooper \
City Manager
t
k Corder
Department Director
* LAND DESIGN INNOVA~~~
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August 3, 2003
Mr. Kenneth R. Hooper, City Manager
City of Edgewater
104 North Riverside Drive
Edgewater, Florida 32132-0100
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.~ RE: S.R. 442 Landscape Construction Document Preparation and Permitting
~ LDI Proposal No. 99048.12A
'5-1
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\U Dear Mr. Hooper:
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Land Design Innovations, Inc. (LDI) is honored to present you with our proposal to provide
professional consulting services to the City of Edgewater for the preparation of Landscape
Construction Documents for S.R. 442 from Riverside Drive to the Interstate-95 interchange, not
inclusive of the interchange. The preparation of the landscape construction documents shall be
based upon the conceptual landscape plans prepared for this same corridor and will depict the same
level of detail as depicted on the landscape plans provided to LDI and as required by the F.D.O.T.
The proposed design shall be in accordance with all applicable F.D.O.T. standards and specifications
as indicated in F.D.O.T. Indexes 546 and 700 and within Chapter 14-40 - Plans Preparation Manual.
We have broken out the scope of services and fee proposal for each individual intersection to allow
the flexibility to authorize specific portions of the project if needed.
o
Please find enclosed two copies of the scope of services and fee schedule proposed for this project.
Should you have any questions or require clarification of any topic contained within this proposal,
please do not hesitate to contact our office. We thank you for your consideration and look forward
to continuing our work on this wonderful project, which shall greatly enhance the image of the City
of Edgewater.
Sincerely,
TC:mds
Enclosure
,qo Norlft Orlando Avenue · Suite 1!J'J · Winter Park. f"lorlda '2.789 · Phon8 qo7-97'J-' 2.7' · rail lI07-975-' 2.7' · www.l..onJ&.z.com
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Scope of Services
for
S.R. 442 Landscape Construction Documents
The purpose for this project is to prepare Landscape Construction Documents for the S.R. 442
roadway corridor, which shall create an attractive gateway into the City of Edgewater through the
establishment of landscape and hardscape elements. The approximately three-mile stretch of S.R.
442 from the intersection with Riverside Drive west to the Interstate-95 interchange, serves as a
main corridor into the City of Edgewater. This diverse corridor requires a holistic design approach
to provide a unique and aesthetically pleasing streetscape, which reflects the identity of the
surrounding developments while enhancing the beauty of the area. The landscape construction
documents shall be based upon the conceptual landscape plans as developed by Land Design
Innovations, Inc. The landscape construction documents shall provide landscape and irrigation
design for the entire road corridor as detailed above and shall provide enhanced landscape designs
for the intersections of SR 442 with Riverside Drive, U.S.-l, Air Park Road, Old Mission Road, and
the 1-95 gateway.
This scope of services includes the preparation of construction documents, details and specifications
for the installation of landscape, hardscape and irrigation components as needed to support the
design as depicted in the conceptual beautification plans prepared by LD I. In addition, civil
engineering design services are also included for the Riverside Drive intersection, which. proposes
the construction of a round-about as a traffic-calming device. The detailed scope of services below
identifies the specific tasks to be accomplished under this scope of service.
1.0 Base Survey Information
For the purposes of preparing the landscape construction documents, LDI shall utilize the survey
information and proposed roadway alignment plans as provided by GAl for the construction of the
SR 442 roadway improvements. This data shall form the basis of the base plans utilized by LDI in
preparing the landscape construction documents. In the event that existing survey data is found to
be insufficient for the proposed improvements, LDI's sub-consultant may provide the additional
surveying services required for site design and permitting. Refer to proposal condition 6.3 below.
Any additional survey work that may be required is not included in this scope and fee schedule.
2.0 Intersection Design
For the intersections of SR 442 with Riverside Drive, US-l, Air Park Road, Old Mission Road and
the Interstate-95 Gateway (not inclusive of the interchange), LDI shall provide the following
services for each intersection as identified below.
2.1
Site Investigation - LDI shall perform one (1) site visit to investigate the existing site
conditions and surrounding environment. This will entail visual inspection of items
potentially affecting the landscape design including transition slopes, water levels,
surrounding existing vegetation, etc. Digital photos shall be taken to provide a log of
existing conditions for future reference.
SR 442 Landscape Documents
Land Design Innovations, Inc.
2.2
2.3
2.4
2.5
2.6
Landscape Design - LDI shall prepare final landscape construction drawings at a
1"=20' scale (or as necessary to adequately illustrate the intent of the design). The
basis for the design shall be the conceptual landscape plans as prepared by LD I for
each of the above-referenced intersections. These drawings will include the type,
size, and location of proposed trees, shrubs, groundcovers, and sodding. A plant list,
details, and associated construction notes will be provided on the plans. The plans
shall be prepared in accordance with FD.O.T. standards and specifications as
indicated in Chapter 14-40 - Plans Preparation Manual. One (1) set of client
revisions shall be incorporated into the design. For the US-1 intersection, the
landscape design shall include the US-1 medians extending SOO-feet in each direction
from the intersection with SR 442.
Hardscape Design - LDI shall prepare hardscape construction drawings to
accompany the landscape plans. These drawings shall depict the location, materials,
dimensions, construction details, etc. of all proposed hardscape elements. Structural
engineering design to support proposed hardscape elements shall be provided by the
client as needed or as additional services by LDI.
Irrigation Design - LDI shall prepare irrigation drawings to support the landscape
design. These drawings shall depict the location and size of irrigation components,
details, notes and specifications as needed. The design of groundwater wells and/or
water main extensions, as required, to provide irrigation water to the individual
intersections is not included within this scope of services. The City of Edgewater
shall supply LDI with as-built drawings depicting the location of existing water mains
and irrigation services within the limits of the project.
Construction Administration - LDI shall prepare one (1) cost estimate of the final
landscape, hardscape and irrigation design for budgeting purposes only. LDI shall
provide on-site construction inspection services. This shall include two (2) site visits
prior to construction completion to review and/or approve the plant materials, and
the landscape and irrigation installation.
Permitting - LDI shall prepare and submit the proposed landscape construction
drawings with the necessary supporting documentation for submission to the Florida
Department of Transportation (FDOT). LDI shall respond to two (2) sets of
requests for additional information.
,
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3.0 SR 442 Corridor Design
For the SR 442 roadway corridor from Riverside Drive west to Pinedale Drive, inclusive of the
grassed median from Maplewood Drive to Pinedale Road and the two grassed medians from just
east of Date Palm Drive to just east of Banyan Drive, LD I shall provide the following services:
3.1 Site Investigation - LD I shall perform one (1) site visit to investigate the existing site
conditions and surrounding environment. This will entail visual inspection of items
potentially affecting the landscape design including transition slopes, water levels,
surrounding existing vegetation, etc. Digital photos shall be taken to provide a log of
existing conditions for future reference.
3.2 Landscape Design - LDI shall prepare final landscape construction drawings at a 0
1"=20' scale (or as necessary to adequately illustrate the intent of the design). The
SR 442 Landscape Documents
Land Design Innovations, Inc.
,.
J
basis for the design shall be the conceptual landscape plans as prepared by LD I for
this roadway corridor. In addition, landscaping of the two (2) medians located at
Banyan Drive, the one (1) median located at Pinedale Road, and the median between
US-1 and Riverside Drive shall be included within the limits of the landscape design.
These drawings will include the type, size, and location of proposed trees, shrubs,
groundcovers, and sodding. A plant list, details, and associated construction notes
will be provided on the plans. The plans shall be prepared in accordance with
F.D.OT. standards and specifications. One (1) set of client revisions shall be
incorporated into the design.
Irrigation Design - LDI shall prepare irrigation drawings to support the landscape
design. These drawings shall depict the location and size of irrigation components,
details, notes and specifications as needed.
3.4 Construction Administration - LDI shall prepare one (1) cost estimate of the final
landscape and irrigation design for budgeting purposes only. LDI shall provide on-
site construction inspection services. This shall include two (2) site visits prior to
construction completion to review and/or approve the landscape and irrigation
installation.
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3.3
3.5 Permitting - LDI shall prepare and submit the proposed landscape construction
drawings with the necessary application and supporting documentation for
submission to the F.D.O.T. LDI shall respond to two (2) sets of requests for
additional information.
4.0 Civil Engineering Services
Associated with the landscape improvements to the Riverside Drive Intersection will be civil
engineering services for the design and construction of the proposed round-about. The following
details the tasks to be provided.
4.1 Surveying Services - LDI shall utilize the survey and roadway improvement plans
provided by GAl as the base for our design. Additional surveying services, as
needed, will be responsibility of the City of Edgewater or provided by LDI as
additional services.
o
4.2
4.3
o
Traffic Information for Roundabout Design - The City of Edgewater shall provide
peak season traffic counts and directional distribution for the SR 442 and Riverside
Drive intersection for use in preparing the roundabout design.
Engineering Design - illI shall prepare civil engineering drawings to support the
construction of the proposed round-about inclusive of a geometry plan, paving,
grading and drainage design and construction details and specifications. This scope
shall also include the realignment of the approaches to the roundabout extending a
maximum of 200-feet from the intersection, as required. In addition, the plans will
address the relocation of the existing park entrance drive.
Geotechnical engineering is not anticipated to be required for the design.
Structural engineering design to support the design of retaining walls, as needed,
shall be provided by others or as additional services by LDI.
The relocation of existing utilities is not anticipated nor included within this scope of
setvlces.
Land Design Innovations, Inc.
SR 442 Landscape Documents
"
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Street lighting design is not included within this scope of services. 0
4.4 Permitting - LDI shall prepare and submit permit applications for the proposed
roadway improvements. Two (2) requests for additional information shall be
included within this scope of services. Permitting through the St. Johns River Water
management District for environmental and stormwater management permitting is
not anticipated to be required, and is therefore not included in this scope.
4.5 Construction Administration - LDI shall perform two (2) site inspections during
construction to ensure compliance with the approved plans. Materials testing shall be
provided by others. LDI shall prepare and process a certification of completion
though the City of Edgewater.
5.0 Fee Summary
The scope of services identified above shall be performed for a lump sum fee basis as listed
below:
5.1 SR 442 and Interstate-95 Gateway:
Landscape Construction Documents $2,900.00
Hardscape Construction Documents $3,600.00
Irrigation Construction Documents $840.00
Construction Inspection $600.00
FDOT Permitting $1.445.00 0
Lump Sum Total $9,385.00
5.2 SR 442 and Old Mission Road:
Landscape Construction Documents $2,900.00
Irrigation Construction Documents $840.00
Construction Inspection $600.00
FDOT Permitting $1.445.00
Lump Sum Total $5,785.00
5.3 SR 442 and Air Park Road:
Landscape Construction Documents $2,900.00
Irrigation Construction Documents $840.00
Construction Inspection $600.00
FDOT Permitting $1.445.00
Lump Sum Total $5,785.00
5.4 SR 442 and U.S.-l:
Landscape Construction Documents $3,700.00
Hardscape Construction Documents $2,400.00
Irrigation Construction Documents $840.00 0
Construction Inspection $600.00
SR 442 Landscape Documents
Land Design Innovations, Inc.
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FDOT Permitting
Lump Sum Total
$1.445.00
$8,985.00
5.5
SR 442 and Riverside Drive:
Landscape Construction Documents
Hardscape Construction Documents
Irrigation Construction Documents
Construction Inspection
FDOT Permitting
Lump Sum Total
$2,900.00
$1,200.00
$840.00
$600.00
$1.445.00
$6,985.00
5.6
SR 442 Roadway Corridor:
Landscape Construction Documents
Irrigation Construction Documents
Construction Inspection
FDOT Permitting
Lump Sum Total
$9,140.00
$3,600.00
$1,500.00
$2.245.00
$16,485.00
5.7
Riverside Drive Intersection Engineering Design:
Civil Engineering Construction Documents
Construction Inspection
Permitting
Lump Sum Total
$5,730.00
$850.00
$1.950.00
$8,530.00
LDI shall perform the above-listed services on a lump sum fee basis for $61,940.00. Should the
City elect to authorize all tasks as identified above simultaneously, LDI shall perform these services
for a total lump sum fee of $58,440.00. This fee represents a savings of $3,500.00 from the total of
the individual task lump sum fee amount.
Reimbursable Expenses
LDI shall be reimbursed for direct cost expenses related to this project. These shall include, but are
not limited to, printing, plotting, photocopying, courier service, and express mail and travel
expenses. Reimbursable expenses will be billed in addition to the design fees.
6.0 Proposal Conditions
6.1 Only those tasks identified in the scope of services are included in this proposal.
LDI shall only be applying for permits through the F.D.O.T. for the proposed
landscape improvements and the City of Edgewater for the proposed landscape and
roadway improvements to Riverside Drive. No additional permits shall be applied
for (SJRWMD, FDEP, etc.) during the preparation of the Corridor Plan.
6.2 The lump sum fee specified above does not include reimbursable expenses.
SR 442 Landscape Documents
Land Design Innovations, Inc.
6.3
In the event that LDI determines that the existing survey data at the intersection of
Riverside Drive and SR 442 is insufficient for design and permitting of the proposed
improvements, additional survey work at this intersection may be provided for the
lump sum fee of $ 2,875.00. This fee is not included in the lump sum fee specified in
section 5.7 above.
6.4 Public involvement services have not been requested for this project. However, LDI
would be honored to facilitate any public workshops at the request of the Client for
additional services.
6.5 Ecological services, surveying, civil engineering, geotechnical, and traffic analysis
services are not included in this scope of services. However, they may be included in
a subsequent proposal for development and permitting at the request of the Client.
6.6 Street lighting design services, as needed, are not included within this scope of
services. The client shall secure the services of a qualified professional for the
provision of these services as needed.
6.7 As-built surveying services, as required, are not included within this scope of
services.
7.0
6.8 The Client shall provide LDI with a digital AutoCAD file and/or hardcopies of the
existing roadway and utility improvements along the subject corridor and for the
associated intersections for use in preparation of the design documents.
These terms and conditions stated herein shall remain in effect for three (3) months from
the date of this proposal.
Project Schedules
LDI will begin work after City approval of the concepts and receipt of the executed
Professional Services Agreement. LDI anticipates that the preparation of landscape,
hardscape, and irrigation construction drawings for each intersection shall take
approximately 150 days.
SR 442 Landscape Documents
Land Design Innovations, Inc.
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Liz McBride
From:
Sent:
To:
Cc:
Subject:
Roy Schleicher [rschleicher@co.volusia.f1.us]
Monday, August 18, 20032:16 PM
citymanager@cityofedgewater.org
Mary Curran
Edgewater City Council agenda for 8/18/03
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8/18/03
Ken - I see on your agenda for tonight , Item 6.G. regarding negotiations with the county
on fire/ems services and the proposed Volusia County Emergency Medical Services Ordinance.
This appears to be a great method to tackle this difficult issue - officially agree to
negotiate in good faith to establish a mutual interlocal agreement while establishing
opposition to the proposed ordiance.
Good move coach!! Roy
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