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01-06-2003 ~ o o Voting Order Councilman Brown CouncilmanHamnvnd (nuJl(jlwvmaJ1~ Counci!womanlichter Mayor Schmidt AGENDA CITY COUNCIL OF EDGEW A TER REGULAR MEETING January 6, 2003 7:00 p.m. COMMUNITY CENTER 1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE 2. APPROVAL OF MINUTES A Regular "Meeting of November 18, 200:2 3. PRESENT A nONS/PROCLAMA nONS/PLAQUES/CERTIFICA TES/DONA TIONS A Recognition of appointed/reappointed Board/Committee members. B. Meet and welcome newly elected County Councilman Jack Hayman. C. Mayor to present plaques to C.AP. members Bob McGovern, Jim Slemp, Don Crawford, Beverly McGovern, Emilio Iezzi, Ruth Wahlers, Albert Keller, Louis Schatzel, Connie Filer, Wynona Gaye Slemp, Anthony Marco, Ronald Lucas, Dale Young, Glare Gebelein, Charles Pentz and Regina Needham for their dedication to the citizens of Edge water. 4. CITIZEN COMMENTS (Thi~ i~ th~ time fQr the pllQlic to cQme forwa,rcl with a,ny GQmment~ they may have, Plea~e state your name and address, and please limit your comments to five minutes or less.) 5. CITY COUNCIL REPORTS 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A 2nd Reading, Ord. No. 2002-0-22, Mary D. Hansen, Esquire, agent for owners Rick and Sheila Rosen, is requesting annexation of approximately 23.5 acres of property located at 3149 W. Indian River Boulevard into the City of Ed~ewater. I. BOARD APPOINTMENTS None at this time. 8. CONSENT AGENDA Items on the consent agenda are defined as routine in nature that do not warrant detailed discussion or individual action by the Council; therefore, all items remaining on the consent agenda shall be approved and adopted by a single motion, second and vote by the City Council. Items on the consent agenda are not subject to discussion. One of the most basic rules of a consent agenda is that any member of the City Council may remove any item from the c{)nsent agenda simply by verbal request at the City Council meeting. Removing an item from the consent agenda does not require a motion, second or a vote; it would simply be a unilateral request of an individual Council member. A Edgewater Citizen Watch Association. Inc. - staff recommending adoption t of Articles Qncorporation and proposed By-Laws Qhe "Association". 9. OTHER BUSINESS A. Reclaimed Water Augmentation Proiect Change Order # 1 - staff rec{)mmending authorization for the City Manager to execute Change Order #1 fQr an amQlillt Qf$14,151.26 tQ GIQ~e Qllt ~ng ~GG~pt th~ "Project" with Wharton Smith, Inc. for a total contract amount of$2,106,151.26. B. ParkTowne Industrial Center - staff recommending approval of the Zoning Agreement and Declaration of Covenants, Conditions and Restrictions of PafkTQwn~ Industrial C~nt~f. 10. OFFICER REPORTS A. City Clerk B. City Attorney C. City Manager 1) Reschedule/cancel meeting of February 17,2002 (Presidents' Day). 2) Draft Purchase and Sale Agreement for property in the ParkTowne Industrial Center. 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 tQ five mi!!'It~~ Qf l~~~! 2) All items for inclusion on the February 3, 2003, agenda must be received by the City Manager's office no later than 4:30 p.m. Monday, January 27, 2003. Pursuant to Chapter 286, F s., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to insure that a verbatim record of the proceedings is made. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk Susan Wadsworth, 386-424-2407, prior to the meeting. :ejrn F:\agendas\OI0603reg u u Q EDGEWATER POLICE DEPARTMENT INTER OFFICE MEMORANDUM DATE: Decem ber 30, 2002 TO: Chief Michael Ignasiak Ofc. Timothy ~V FROM: SUBJECT: Recognition ofe. A. P. Members 3C. ~~c !JEt ~/V~ Q~ J (J l(Jp 'l) l)/ttt Vl ql}Cl roer The following members are of good standing with the Citizens Assisting Police and are to be recognized on January 06, 2003 by the City Council for their Dedication to the citizens of Edgewater. BOB McGOVERN JIM SLEMP DON CRAWFORD BEVERLY McGOVERN EMILIO IEZZI RUTH WAHLERS ALBERT KELLER LOUIS SCHATZEL CONNIE M. FILER WYNONA GAYE SLEMP ANTHONY F. MARCO RONALD L. LUCAS DALE D. YOUNG CLARE V. GEBELEIN CHARLES R. PENTZ REGINA M. NEEDHAM Respectfully submitted- 3 years of service 3 years of service 3 years of service 3 years of service 3 years of service 3 years of service 3 years of service 3 years of service 1 year of service 1 year of service 1 year of service 1 year of service 1 year of service 1 year of service 1 year of service 1 year of service -. :: u u u ~.~ AGENDA REQUEST Date: December 30. 2002 PUBLIC HEARING X BOARD APPOINTMENT RESOLUTION ORDINANCE 1-06-03 OTHER BUSINESS CONSENT ITEM DESCRIPTION Ordinance No. 2002-0-22 Mary D. Hansen, Esquire, agent for owners Rick and Sheila Rosen, is requesting the annexation of approximately 23.5 acres of property located at 3149 W. Indian River Boulevard into the City of Edgewater. PROPOSED USE: Single Family Residential Subdivision and Commercial. CURRENT LAND USE: Agriculture, Commercial, and Residential FLUM DESIGNATION: Volusia County - Agriculture WNING DISTRICT: Volusia County - A-3, (Transitional Agriculture) VOTING DISTRICT: 2 SURROUNDING AREA Current Land Use FLUM DesiJ(nation ZoninJ( District North Vacant V olusia County - Low Impact V olusia County - A3, Urban Transitional Agriculture East Vacant V olusia County - Low Impact Volusia County - A3, Urban & Environmental Systems Transitional Agriculture Corridor South Vacant Low Density Transition & V olusia RC, Resource Corridor & County - Low Impact Urban Volusia County A3, Transitional Agriculture West Vacant Mixed Use wI Conservation Overlay Volusia County - A3, Transitional Agriculture AN-0202- Rosen rrPJltpn hv hnnnip. 1 . Background 0 This property currently contains an active orange grove, a storage and transport terminal for the grove production, motorcycle freight, and a single family residence. This site is located on the northwest comer ofS.R. 442 and Old Mission Road and is contiguous to present City Limits. The applicant proposes a mix of residential and commercial uses for this site (Exhibit D). There shall be no future development along the S.R. 442 frontage portion of this property until such time that the S.R. 442 Corridor Overlay regulations are adopted. The current property uses may continue, provided the owner maintains the present screening. Once the property is sold, developed, or adjacent property is developed, the uses must be compliant with current City standards. These issues are formally addressed in the Annexation Agreement. City Council voted to approve the annexation at fIrst reading on December 16, 2002. Land Use Compatibility The majority of the surrounding properties are vacant. There is a single family residence to the southwest and further to the southwest is Florida Shores Truck Center. Adequate Public Facilities This site has access to S.R. 442 and Old Mission Road. City water and sewer services are currently in the design stage for properties in this areas. The owner shall connect to these systems within three (3) months of availability. Other Matters A future land use amendment and rezoning of this property will occur at a later date. o STAFF RECOMMENDATION Staff recommends approval of Ordinance No. 2002-0-22, the annexation and corresponding Annexation Agreement for property located 3419 W. Indian River Boulevard. ACTION REQUESTED Motion to approve Ordinance No. 2002-0-22 and corresponding Annexation Agreement. FINANCIAL IMP A<;:T: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES: X NO: DATE: December 16. 2002 AGENDA ITEM NO. 6D Respectfully Submitted By: - ~A~f:'J Robin Matusick \ Paralegal V-~&~~'" "- '\ i'-'- Kenneth R. Hooper \ u_ C~Manager C) AN-0202- Rosen r.rp.lltp.n hv hnnnip. 2 u Q u ORDINANCE NO. 2002-0-22 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY LOCATED AT 3149 STATE ROAD #442, VOL USIA COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE MUNICIPALITY AND TERMS OF THE ANNEXATION AGREEMENT; AMENDING THE DESCRIPTION OF CITY OF EDGEW A TER CORPORATE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE DEPARTMENT OF STATE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Mary D. Hansen, Esquire is the agent of record for Rick Rosen and Sheila Rosen who are the owners of certain real property located at 3149 State Road #442, in V olusia County, Florida. Subject property lies north of State Road #442 and west of Mission Road and contains approximately 23.5 acres more or less. 2. The owners have voluntarily petitioned the City of Edge water for annexation pursuant to Section 171.044, Florida Statutes. 3. The property is contiguous to the City's boundaries and the conditions for annexation and the economics thereof are satisfactory. 4. The boundaries of voting District 2 of the City of Edgewater are hereby designated to include the property described herein. Struck tmough passages are deleted. Underlined passages are added. 2002-0-22 1 5. After a meeting on December II, 2002, the Planning and Zoning Board reviewed the petition and recommended by a vote of 7 to 0 that the property be annexed into the City. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida: PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEW A TER, FLORIDA. 1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in Exhibit A and depicted in the map identified as Exhibit B, which are attached hereto and incorporated by reference, is hereby annexed into and made part ofthe City of Edge water, Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges ofthe municipality and to the terms of that certain Annexation Agreement which is attached hereto and incorporated by reference as Exhibit C. 2. The boundaries of the City of Edge water are hereby redefined to include the property described above and depicted in the map identified as Exhibit B. 3. Pursuant to Section 2.01 of the Charter ofthe City of Edge water, Florida, that certain document entitled "Description of City of Edgewater Corporate Limits" shall be amended accordingly. 4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia County Manager, the Mapping Division of the Volusia County Growth Management Department, and the Department of State. Stl lick tht ough passages are deleted. Underlined passages are added. 2002-0-22 2 o o o u PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. 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 D. EFFECTIVE DATE. This ordinance shall take effect upon adoption. u PART E. ADOPTION. After Motion by Councilwoman Lichter and Second by Councilman Hammond, the vote on the first reading/public hearing of this ordinance held on December 16,2002, was as follows: AYE NAY Mayor Donald A. Schmidt x Councilman James P. Brown ABSENT Councilman Myron F. Hammond x Councilwoman Harriet E. Rhodes x Councilwoman Judy Lichter x After Motion by and Second by , the Struck tlnough passages are deleted. U Underlined passages are added. 2002-0-22 3 vote on the second reading/public hearing of this ordinance held on 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 St1tlck trnough passages are deleted. Underlined passages are added. 2002-0-22 ,2002, AYE NAY day of ,2002. CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Donald A. Schmidt Mayor Robin L. Matusick Legal AssistantlParalegal Approved by the City Council of the City of Edgewater at a meeting held on this 16th day of December, 2002 under Agenda Item No. 6D. 4 o o o. u o u EXHIBIT "A" LEGAL DESCRIPTION Lots 1,2 and 3, HARRIS FIRST SUBDIVISION as shown on map recorded in Map Book 7, Page 73 of the Public Records of V olusia County, Florida, except portions now lying in road right of way and except that portion of Lot 3 lying easterly of Old Mission Road, being more particularly described as follows: for a Point of Beginning, commence at the northwesterly comer of said Lot 1; thence N 690 34' 32" E, along the northerly line of said Lots 1,2 and 3, a distance of 1120.52 feet to the westerly right of way of Old Mission Road; thence S 18026' 19" E, along said westerly right of way, a distance of 698.57 feet to the northerly right of way of State Road No. 442; thence along said northerly right of way of State Road No. 442 the following courses and distances, S 71033' 41" W, a distance of22.50 feet; thence S 18026' 19" E, a distance of 194.95 feet; thence S 650 06' 25" W, a distance of 9.84 feet; the westerly line of said Lot 1; thence leaving said northerly right of way of State Road No. 442, N 21016' 54" W, along said westerly line of Lot 1, a distance of949.29 feet to the Point of Beginning. Containing 23.50 acres more or less. Parcel #8438-02-00-0010 Parcel #8438-02-00-0020 Stl u"k tluotlgh passages are deleted. Underlined passages are added. 2002-0-22 5 ~ WN - Zu N ~ I -J <t. q -"'. ).. Z N -.........sZ I- CO - 0::: 0 (,) ON ' ~ , *' , " . o.~ I >C III ,'" o ." ~~ u u u ExhibitC -,:. ROSEN ANNEXATION AGREEMENT TillS AGREEMENT made and entered into this day of 2002 by and between the CITY OF EDGEW ATER, FLORIDA. a municipal corporation. located at 104 North Riverside Drive. Edgewater. Florida 32132. (hereinafter referred to as "City") and Rick Rosen and Sheila Rosen. Post Office Box 1. Edgewater. Florida 32121, (hereinafter referred to as "Owner"). WHEREAS. the Owner owns approximately 23 acres of land lying immediately adjacent to the corporate boundary of the City. as described in Exhibit "A" hereto (hereinafter "the Property"); . and WHEREAS. in order to obtain the right to develop under City jurisdiction and regulations. and to provide for the future extension of City utilities to the Property. . Owner has caused a Petition for Voluntary Annexation to be filed for the property described in Exhibit "A"; and WHEREAS. the City is desirous of annexing said property. and has satisfied itself that the conditions for annexation and the economics thereof are satisfactory. NOW, THEREFORE. based on the foregoing. the parties agree as follows: 1. DES~TION The Property which is the subject of this Agreement consists of approximately 23 acres located on the northwest comer of S.R. 442 and Mission Road. The property is more specifically described in the legal description. which is attached hereto and incorporated by reference as Exhibit "A". 2. PERMITTED USES City acknowledges the proximity ofthe annexed area to the Interstate 95/S.R. 442 interchange and the adopted mixed use designation, Planned Unit Development (PUD) zoning is appropriate and-compatible with the City's desire to create a commercial and tourism-oriented gateway to the City. The site can support approximately 8.5 acres of co~ercial development along the S. R. 442 frontage and approximately fifteen acres of single family residential development on the northern section of the Property. The residential portion will consist of an approximate density of less than three dwelling units per acre. As long as the Corridor Overlay regulations (presently being drafted) are met, the City finds the mixture of uses and proposed densities to be generally consistent with its vision for this area, and to that end will entertain consideration of a consistent comprehensive plan and zoning request by the Owner. Any future development within the annexed area shall be developed in compliance with the all applicable City ordinances, resolutions, and regulations effective at the time of application for such development, including the adopted Corridor Overlay regulations for S.R. 442, unless otherwise provided herein The Owner's existing uses may continue, provided he maintains his present screening. At the time the Property is sold, developed or adjacent property is developed, the uses must be consistent with the City's Land Development Code. UTILITIES Owner agrees to connect to and utilize the City's water and wastewater distribution systems within three (3) months of the time an infrastructure development permit is issued for development activities under the proposed PUD. Owner agrees to o o o 2 u u u pay normal connection and impact fees associated with the installation of these systems. Owner agrees to provide all required utility easements for services, and will consult with the City as to the location and size needed for such easements, and will require any buyers of the Property to take subject to such easements. 3. ROADS The City will provide permitting assistance to Owner in suitably locating an access road from the Property to Old Mission Rd., and will provide any expressions of support of such location to any regulatory agencies required to approve the access to Old Mission Road. 4. PERFORMANCE GUARANTEES Should any part of the annexed area be sold to an individual or corporation not already a party to this Agreement, the purchaser of the property shall be bound by the terms of this Agreement and applicable regulations of the City, where not inconsistent with, or contrary to, this Agreement. Accordingly, the City shall, at Owner's expense, record the Agreement with the Clerk of Circuit Court in Volusia County. 5. CONSISTENCY OF DEVELOPMENT The City recognizes the existing development of the annexed area in the manner defined by this Annexation Agreement and the existing uses listed in Exhibit "B". The City acknowledges the proposed mixed use designation as generally consistent with its future land use policies and goals for the 1-95/S.R. 442 intersection. The parties eXpCct to upgrade the design and improvements on the Property as the existing uses are replaced with development pursuant to PUD zoning and the then-applicable standards and ordinances of the City, including adopted Corridor Overlay requirements. 3 6. AMENDMENT This Agreement may only be amended in writing, upon mutual consent of the parties. The parties specifically acknowledge their intent to modify this Agreement by way ofa PUD zoning, which shall be recorded upon its execution with the Volusia County Clerk of Court. 7. STATUTORY CONFLICT AND FAILURE TO ADDRESS PARTICULAR MATTERS To the extent there is a conflict between this Agreement and any existing City resolution, regulation or ordinance, this Agreement shall control. However, all other . applicable City ordinances in effect at the time of execution of this Agreement continue to apply. Further, the failure of this Agreement to address a particular permit, condition, term or restriction shall not forgive the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. 8. APPEAL If Owner is aggrieved by any decision of any City department head interpreting the terms of this Agreement, that party shall first file a Written appeal with the City Manager within fifteen days of the adverse decision. If Owner is aggrieved by a decision of the City Manager, an appeal shall be made to the City Council. The appeal shall be initiated within fifteen days of the adverse decision by filing of a written request with the . City Manager for placement of the issue on the City Council agenda. The appeals before either the City Manager or the City Council shall be de novo. 4 o o o u u u 9. BINDING EFFECT All of the terms and provisions of this Agreement, shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective legal representatives and their successors in title and interest. The provisions of the Agreement and all approved plans shall run with the land, and shall be administered in a manner consistent with the laws of the State of Florida. 10. GOVERNINGLAW This Agreement shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year last written below. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth City Clerk By: Donald A. Schmidt Mayor Dated: Robin L. Matusick Legal Assistant 5 Witnessed by: OWNER: Rick Rosen Dated: Sheila Rosen Dated: STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me this day of , 2003, by Rick Rosen, who is personally known to me or who has produced . as identification and who did not take an oath. Stamp/Seal Notary Public Printed Name of Notary My Commission Expires: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2003, by Sheila Rosen, who is personally known to me or who has produced as identification and who did not take an oath. Stamp/Seal Notary Public Printed Name of Notary My Commission Expires: 6 o o o u '-> '-> EXHIBIT" A" LEGAL DESCRIPTION Lots 1,2 and 3, HARRIS FIRST SUBDIVISION as shown on map recorded in Map Book 7, Page 73 of the Public Records of Vol usia County, Florida, except portions now lying in road right of way and except that portion of Lot 3 lying easterly of Old Mission Road, being more particular described as follows: For a Point of Beginning, commence at the northwesterly corner of said Lot 1; thence N 69034' 32", along the northerly line of said Lots 1,2 and 3, a distance of 1120.52 feet to the westerly right of way of Old Mission Road; thence S 18026' 19" E, along said westerly right of way, a distance of 698.57 feet to the northerly right of way of State Road No. 442; thence along said northerly right of way of State Road No. 442 the following courses and distances, S 710 33' 41" W, a distance of 22.50 feet; thence S 18026' 19" E, a distance of 194.95 feet; thence S 65006' 25" W, a distance of9.84 feet; the westerly line of said Lot 1; thence leaving said northerly right of way of State Road No. 442, N 21016' 54" W, along said westerly line of Lot 1, a distanCe of949.29 feet to the Point of Beginning, Containing. 23.50 acres more or less (also known as Parcel J.D. numberS 8438-02-00-0010 and 8438- 02-00-0020). 7 EXHIBIT "B" EXISTING USES 1 single family residence 1 guest house Storage buildings as existing Office building/retail sales Semitrailer parking and transportation tenninal (limited to Owner's own or leased trucks and trailers) Fruit production and sales of agricultural products Bike Week and Biketoberfest primitive camping (limit 20 sites) Musical entertainment on the last Saturday of Bike Week and Biketoberfest, 7:00 p.m. , until 3:00 a.m., for so long as no residential development occurs within lOOfeet of the Property boundary. & o o. o x U I I I I I I , I I , I /. i ~' . ! . , " , , 1\ :IY :11 ", III ,I' ,II II , I ,I II II II II ,I I II I I I I I I 1-_ I , , , , I I I I I I , I I I I I I , I I , I I / I I I , I I I , , z o ;; z '" ~ I I I I I I I I I I I I .1 1 I I I I I I I I I t 1 CD o c: M ~ o 'iiI >! ;;l ~ ! !' , . t ~ ~~,:l :: I: < ~ ~ II B Ii '1 I: I: II I, ,-.-.:. I-- I .- I I I , I I I I I I. I , I I I , I I " I I , I , I I I I I I I I , , I , , I I I. I I. '. I I, ,1 \ I I \0t{i~" II : I II II IIA II I I( \1~': I I I : : I I' : I : I I i : 1 ibit D VI ~ 0", ",. 3:.... :eOJ )>)> ;;In :0'" '" r- )> ^ '" ~- ~t I I r-. I. J I I I' I r I I ~==:==========:===~~::---:~_:::_-~--:::::::::::::::::::::~------------- --------- ---------- ~OLO M~;~-;~;~-(RiWvAR~S)~-----~--------------~-------------___ :0 !:l c: n !:l C! c! :0 '" :0 o i; ~ -< ~ " ;0 ~ '2! iil S -< o :i! !:J ~ o o " M lJl Z iil c: z M lJl In '" .... .CONCEPT PLAN ROSEN PROPERTY EOCEWA TER. FlORIDA OJ ~ )> n '" "'. n ~ 3: ."'. '" o )> r- )> '" '" )> MARK DOWST.k ASSOCIATES, INC. . tNOINKItS P'UHN[R' SURVEV'OItS. .. .. ........ Dee . ...tDlAlDCII. f\DIIDA .111'1 . c-a....MI r-.fIII tt...JS.o.tI ------- ---- --------.. --------------- Ill'll'lflll',mJ'! 8 p,! . 'I.. .r. I. )> "~l~r"h.... 11ft j'" ~11~f~I'~il~I~I. c h.5~'~'J'Ii)I:'11'1 I~H~ldp'~IIJlil Q ilHt!lr.,t" .J~IJI ~ '1I.~.[ltllrll 0 ~,,~:~'jlijlll" z ~~;I~I~[... If, '~Ir,ll"{h II" IrI1.~ J'I'.. .,' J"lq;:II"i~iilH J ;i~lJ r.. . - - - 1._1111' ~ -- , u u Q (f f{vf ~/ ~ '6.~. AGENDA REQUEST Date: December 20. 2002 PUBLIC HEARING ORDINANCE RESOLUTION BOARD APPOINTMENT OTHER BUSINESS CONSENT X ITEM DESCRIPTION: To authorize the filing of the Articles of Incorporation for the Edgewater Citizen Watch Association, Inc. (A Florida Not For Profit Corporation). BACKGROUND: The purpose of the Edgewater Citizen Watch Association corporation is to promote crime prevention throughout the City of Edgewater by educating the public and increasing awareness of criminal activity and victimization. The Association will also describe the positive crime prevention measures available to protect the residents and their property. The association will involve the public in crime awareness, crime resistance and crime reporting. The Association shall be a not-for-profit organization that is incorporated to do business in the State of Florida. The Association will assist in promoting, funding and developing the Citizens Assisting Police Program, Neighborhood Watch Program and Crime Prevention Program. STAFF RECOMMENDATION: Staff recommends the City adopt the Articles of Incorporation of the Edgewater Citizen Watch Association, Inc. ACTION REQUESTED: Motion to authorize the filing of the Articles of Incorporation of the Edgewater Citizen Watch Association, Inc. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, Robin Matusick, Paralegal ~~ City Manager ~ t o o o -, u u u ~ ARTICLES OF INCORPORATION OF EDGEWATER CITIZEN WATCH ASSOCIATION, INC. (A Florida Not For Profit Corporation) The undersigned, acting as incorporators of a not for profit corporation pursuant to Chapter 617, Florida Statutes, adopUhe following Articles ofIncorporation. ARTICLE I CORPORATE NAME, PRINCIPAL OFFICE AND MAILING ADDRESS The name of this Corporation shall be: EDGEW ATER CITIZEN WATCH ASSOCIATION, INC., with its principal office located at 135 East Park Avenue, Edgewater, Florida 32132 and its corpora!e mailing address being the same. ARTICLE II POWERS AND PURPOSE A. This corporation shall have and exercise all powers conferred upon not for profit corporations under the laws of the State of Florida generally and specifically as provided in Section 617.021 of the Florida Not For Profit Corporation, Act, as amended; B. The general purposes for which the corporation is initially organized are as follows:; 1. To advance crime prevention throughout the City of Edgewater, Florida, by educating the public by increasing their awareness of criminal activity and victimization and of the positive measures available to protect themselves and their property from crime; to involve the public in crime awareness, crime resistance and crime reporting; and 2. To transact any other business in which a not-for-profit corporation may lawfully be engaged, in accordance with Chapter 617, Florida Statutes, and the restrictions contained in these articles; including, without limitation, the provisions of Article XIV and subsection (c) of this Article; and 3. To operate exclusively for "charitable purposes", as that term is defmed in Section 501 (c)(3) of the Internal Revenue code of 1954, as amended, and the regulations promulgated under that section, , ARTICLE III NONSTOCK CORPORATION o This corporation is organized upon a nonstock basis and shall not issue shares of stock. No dividend shall be paid, and no part of the income of the corporation shall be distributed to its members, directors, or officers. ARTICLE W TERM OF EXISTENCE This Corporation shall have perpetual existence, commencing upon filing of these Articles. ARTICLE V REGISTERED AGENT AND INITIAL REGISTERED OFFICE The Board of Directors, from time to time, may move the Registered Office to any other address in the State of Florida. ARTICLE VI MEMBERSHIP a.) Regular membership of the corporation shall be available to any person who is a resident of the City of Edge water who wishes to be involved in crime prevention as approved by the Board of Directors. b.) Membership shall not be denied in the corporation because of race, religion, or sex. c.) Except as otherwise prescribed herein, the qualifications for members and the manner of their admission, the different classes of membership, the voting and other rights and privileges of members and the termination of membership, shall be as regulated by the by-laws. 0 ., u ARTICLE VII BOARD OF DIRECTORS This Corporation shall have five (5) directors initially. The number of directors may be increased or diminished from time to time by By-Laws adopted by the Board of Directors, but shall never be less than three (3). The qualifications for Directors, the manner of nomination and selection of directors, terms of office, suspension and removal of directors and other matters relating to the election or holding office of members of the Board of Directors shall be as regulated by the By-laws. ARTICLE VIII INITIAL DIRECTORS The names of the initial Directors of this Corporation and their street addresses are: TIMOTHY R. BALL 2221 Victory Palm Drive Edgewater, Florida 32141 PillLLIP SMITH 1403 Umbrella Tree Drive Edgewater, Florida 32141 BEVERLY McGOVERN 451 Los Indios Q Edgewater, Florida 32141 LESLIE ALLISON 749 Navigators Way Edgewater, Florida 32141 (; GEORGE ANN KELLER 3039 Unity Tree Drive Edgewater, Florida 32141 The persons named as initial directors shall hold office for the first year of existence of this Corporation or until his or her successors are elected or appointed and have qualified, whichever occurs first. J ARTICLE IX OFFICERS The officers of this Corporation shall be a President, First Vice-President, Second Vice- President, Secretary and Treasurer, and any other office as the Board of Directors may deem necessary. Any two or more offices may be held by the same person. All officers shall be active members of the corporation. All officers shall be elected by, and serve at the pleasure of the Board of Directors. , ARTICLE X INITIAL OFFICERS o The names of the initial officers of this Corporation and their street addresses are: President TIMOTHY R. BALL 2221 Victory Palm Drive Edgewater, Florida 32141 First Vice-President PlllLIP SMITH . 1403 Umbrella Tree Drive Edgewater, Florida 32141 Second Vice-President GEORGE ANN KELLER 3039 Unity Tree Drive Edgewater, Florida 32141 Secretary LESLIE ALLISON 749 Navigators Way Edgewater, Florida 32141 Treasurer BEVERL Y McGOVERN 451 Los Indios Edgewater, Florida 32141 o ARTICLE XI INCORPORA TORS The names and addresses of the persons signing these Articles of Incorporation as the Incorporators are: TIMOTHY R. BALL 2221 Victory Palm Drive Edgewater, Florida 32141. PlllLLIP SMITH 1403 Umbrella Tree Drive Edgewater, Florida 32141 BEVERLY McGOVERN 451 Los Indios Edgewa:ter, Florida 32141 LESLIE ALLISON 749 Navigators Way Edgewater, Florida 32141 GEORGE ANN KELLER 3039 Unity Tree Drive Edgewater, Florida 32141 o 1 u u u ARTICLE XII AMENDMENTS These Articles ofIncorporation may be amended by an affIrmative vote ofthe majority of those members present at the annual meeting or at a special meeting called for that purpose. ARTICLE XIII INDEMNIFICA TION this corporation shall indemnify any officer, director, employee or agent, and any former officer, director, employee or agent, to the full extent pennitted by law. ARTICLE XIV RESTRICTIONS ON OPERATION (a) No part of the net earnings of the corporation shall inure to the benefit of or be distributed to its incorporators, directors, officers, or members, or to any other private person, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes prescribed in Article II. The corporation may pay compensation in a reasonable amount to one or more of its officers for services rendered to the corporation. (b) No substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. (c) Notwithstanding any other provision of these Articles, the corporation shall not carry on any other activities not permitted to be carried on (i) by a corporation exempt from Federal Income Tax under Section 501 (c)(3) of the Internal Revenue code of 1954 (or the corresponding provision of any future federal tax code;) or (ii) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue code of 1954 (or the corresponding provision of any future federal tax code.) (d) If the corporation shall be or become a "private foundation", as that term is defined in Section 509 of the Internal Revenue Code and the regulations thereunder, as that section or regulations now exist or may hereafter tbe amended, the corporation shall be prohibited from engaging in the activities which are proscribed in Section 617.0105 of the Florida Statutes (1983). ARTICLE X DISSOLUTION o In the event this corporation sho~ld be dissolved for any cause, all of its assets and any funds resulting from the sale of its property shall be used exclusively in furtherance of the purposes enumerated in these Articles, and none of its funds or property shall inure to the profit of any private individual or corporation. Any distributions hereunder shall be paid as determined by the Board of Directors, over to a local organization or local organizations, as the case may be, with similar aims to those of this corporation having qualified for exemption under 501(c)(3), 501(c)(7), or 170(c)(2), of the Internal Revenue Code of 1954. IN WITNESS WHEREOF, the undersigned as Incorporators have executed the foregoing Articles ofIncorporation on this _ day of , 2002. TIMOTHY R. BALL PIDLLIP SMITH BEVERL Y McGOVERN o LESLIE ALLISON GEORGE ANN KELLER STATE OF FLORIDA COUNTY OF VOLUSIA BEFORE ME, a Notary Public, personally appeared, TIMOTHY R. BALL, PHILLIP SMITH, BEVERY McGOVERN, LESLIE ALLISON and GEORGE ANN KELLER, who are personally known to me or who have produced as identification and who executed the foregoing Articles of Incorporation, and acknowledged before me that they subscribed to these Articles ofIncorporation on this _ day of , 2002. Notary Public - State of Florida Commission No.: My Commission Expires: o 1 v u u " CER TIFICA TE In compliance with Section 48.091, Florida Statutes, the following is submitted: That EDGEWATER CITIZEN WATCH ASSOCIATION, INC., desiring to organize under the laws of the State of Florida, with its principal office as indicated in the Articles of Incorporation, at the City of Edgewater, County of Volusia, State of Florida, has named TIMOTHY R. BALL, 135 East Park Avenue, Edgewater, Volusia County, Florida. as its agent to accept service of process within this State. ACKNOWLEDGMENT Having been named to accept service of process for the above-named corporation, at the place designated in this Certificate, the undersigned agrees to act in this capacity, and agrees to comply with the provisions of Florida relative to keeping the designated office open. TIMOTHY R. BALL, as Registered Agent Section 1 Section 2 Section 1 Section 1 Section 2 Section 3 t EDGEW A TER CITIZEN W A TCD ASSOCIATION, INC. PROPOSED BY -LAWS o Article I Ol'2anization The name of this organization shall be known as Edgewater Citizens Watch Association, Inc. and shall be a non-profit, non-political organization. The organization may at its pleasure, by a two-thirds vote of members present, change its name at any given general membership meeting, provided that all members are notified ten days prior. Article n Purpose The purpose or purposes for which the Association is formed is to develop and promote programs within the city of Edge water, which will help support the Citizens Assisting Police Program, Neighborhood Watch Programs, Crime Prevention Programs and as well as other programs supported by the City of Edgewater Police Department and for the good of the residents of Edge water. o Article m Membership Membership is open to all residents of the City of Edge water. Members in good standing shall be eligible to hold office, vote and participate fully in all association activities. A "member in good standing" is hereby defined to be a member whose dues are current. Any member not in good standing of this article, may be restored to good standing by payment of all past amounts due, plus the amount necessary to pay up to the next anniversary date. The reinstatement shall be approved or rejected by action of the Board of Directors. o -f u u u Section 4 Section 5 Section 6 Section 1 Section 2 . Section 1 Section 1 Section 2 Section 3 The Board of Directors may, by quorum vote at any meeting, expel any member for just cause, provided said member shall have been given at least ten days prior notice and be allowed the opportunity of appearing before the board at the meeting. No person shall be denied membership in this association because of race, religion or gender. Annual membership dues shall be $ 15.00 payable October 1st of each year. Article IV Meetinl!s Meetings shall be held on the third Friday of each month at 12:00 noon. Located at the a place designated by the President. The Secretary shall set the date and notifY the membership. The presence of not less than 25% of the membership at a meeting shall constitute a quorum and shall be necessary to conduct the business of the association. Article V Officers Officers of the Association shall be President, 1 st Vice President, 2nd Vice President, Secretary, Treasurer. The office ofthe Secretary and Treasurer may be combined at the discretion of the board. Article VI Election. Term of Office. Elie:ibilitv Officers shall be elected annually by the membership at its annual meeting or until hislher death, resignation or removal prior thereto. Removal. The President, 1 st Vice President, 2nd Vice President, Secretary and Treasurer may be removed at any time, with cause, but only by a two thirds majority vote of the Association membership in attendance at the next meeting. President. The President shall preside over all regularly scheduled meetings and shall be responsible for the overall administration of the business and affairs of the association. He/She shall perfonn all duties of the office of the President as prescribed from time to time by the membership. Section 4 Section 5 Section 6 Section 7 Section 1 t 1 st Vice President. The 15t Vice President shall preside in the absence of the President and shall assume such other duties as from time to time may be assigned by the president. o 200 Vice President. The 2nd Vice President shall preside in the absence of the President and 15t President and shall assume such other duties as from time to time may be assigned by the President. Secretary. The Secretary shall A. Keep minutes of the meetings of all association and executive board meetings. B. See that all notices are duly given in accordance with the provisions of these by-laws or as required by law. C. Be custodian of the records. D. Have charge of the membership records of the association. E. In genera4 perform all prescribed duties of the office of Secretary and such other duties provided by these by laws which may be assigned by the President. Treasurer. The Treasurer shall A. Receive and be responsible for all funds of and securities owned or held by the association and, in connection therewith, keep or cause to be kept full and accurate records and accounts for the association; deposit or cause to be deposited to the credit of the organization all funds and securities so received in such bank or other depository as designated; and disburse or supervise the disbursement of the funds of the association as may be properly authorized. B. Render to the membership at any meeting thereof, or from time to time whenever the President of the association may inquire, financial and other appropriate reports on the status of the association. C. In general, perform all duties prescribed for the office of Treasurer and such duties as from time to time may assigned by the President. o ARTICLE VII COMMITTEES There shall be a standing committee for the following; Membership, Nomination, Citizens Assisting Police, Crime Prevention, Good of the Community, Awards Banquet. Page 3 o -. u u u . . . Section 2 Section 1 Section 1 Section 2 Section 3 Section 4 Appointment to special committees may be made by the President from time to time. ARTICLE VIII EXECUTIVE BOARD The business of the Association shall be managed by an Executive Board consisting of the five (5) elected officers. The immediate past President will be an ex-officio member of the Executive Board with voting privileges only in case ofa tie. Such Board shall only act in the same of the organization when it shall be regularly convened by the President after due notice to all board members of such meetings. A quorum shall consist of fifty (50) percent plus one of the full membership of the Executive Board. Each Board member shall have one vote and such voting may be done by proxy on any known issues. The Executive Board may make such rules and regulations covering its meeting as it may, in its discretion, deem necessary. ARTICLE IX MISCELLANEOUS PROVISIONS Fiscal Year. The fiscal year of the association shall begin at 12:01 a.In. on the:first day of January of each and every year. Depositories. The President or an Officer designated by the President, shall appoint banks, trust companies, or other depositories in which shall be deposited, as required, the monies or securities of the association. Checks, Drafts, Notes. All checks, drafts or other orders for payment of money and all notes or other evidence of indebtedness issued in the name of the association shall be signed by any two of the elected officers. Amendment of bylaws. These bylaws may be extended, modified or repealed and new bylaws may be adopted after reading the proposed changes at the next annual meeting. It shall require two-thirds majority vote of the membership in attendance to enact any changes in the bylaws as set forth in this section. Page 4 ,,(' ; u u C\,~. AGENDA REQUEST Date: 12/17/02 PUBLIC HEARING ORDINANCE RESOLUTION BOARD APPOINTMENT OTHER BUSINESS xx CONSENT ITEM DESCRIPTION: Project Closeout and Approval of Final Change Order - Reclaimed Water Augmentation Project BACKGROUND: The contractor for the City's Reclaimed Water Augmentation Project, Wijarton Smith, Inc. of Lake Monroe, Florida, has completed the reclaimed water project. The original contract amount approved by City Council as a result of bid # 01-WW-02 was $2,092,000.00. The final contract cost is $2,102,151.26, or a net increase of$14,151.26, the amount of proposed Change Order No.1 which consists of the following items. CWorine (Ch) Enclosures $ 4,728.97 Tank Ladder 5,486.64 Check Valve Modification 5,041.59 Veriable frequency drive (VFD) Signal to Augmentation Pump Station 1,036.12 1,910.87 3,327.59 - 7.380.52 $14,151.26 Signal Wiring for the Ch Analyzer City of Edgewater Building Permit Costs Flow Meter Modifications Total Change Order Amount STAFF RECOMMENDATION: Staff recommends approval of Change Order # 1 for the Reclaimed Water Augmentation Project at an additive cost of $14,151.26, and approval to close out and accept the project with Wharton Smith, Inc. at a final cost of$2,106,151.26. It should be noted this is a very minor change order for a project of this magnitude and is a direct result of good design by PEC, good Construction Administration and Inspection by Quentin L. Hampton, good coordination by City Staff, and a competent contractor in Wharton Smith, Inc. who completed the Project on time and did an excellent job. The Superintendent of the job, Mr. David Stankovich, is an Edgewater resident and took great pride in this project within his community. Motion to approve Change Order # 1, authorize the City Manager to execute on behalf of the City at an amount of $14, 151.26, and to close out and accept the Reclaimed Water Augmentation Project with Wharton Smith, Inc. for a total contract amount of $2,106,151.26. U FINANCIAL IMPACT: (FINANCE DIRECTOR) ACTION REQUESTED: (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) . PREVIOUS AGENDA ITEM: YES NO DATE: AGENDA ITEM NO. Respectfully submitted, ~C~)'A.)~ ~~'el\. Department D~ctor Robin Ma~sick, Paralegal , ~~ City Manager C:\MyDocirnents\TerrysFiles\AgendaRequest "" . o o o ~~ PERIODIC ESTIMATE FOR PARTIAL PAYMENT ITY OF EDGEW A TER ROJECT: EDGEW A TER A WWfF FOR PERIOD 11/1/02 TO 11130/02 PERIODIC ESTIMATE NO. 10 . Change Order #1 14,151.26 14,151.26 11I",'l"".f,I~"'~~{g,=~g"t~.iH~"W~~iii~~~~ :~,.f ]fil~~~~I__'t.n~~AW$~~~~~1':::_: ~:,'k&~m~ ~14'~l:5..la~I 3. ANALYSIS OF ADnJSTED CONTRACT AMOUNT TO DATE A. ORIGINAL CONTRACT AMOUNT (Col. 5 - front of this fonn).................................................................................................................................... $ B. PLUS: ADDmONS SCHEDULED IN COLUMN 5 ABOVE.............................................................................................................. + C. LESS: DEDUCTIONS SCHEDULED IN COLUMN 7 ABOVE.............................................................................................................................. D. ADnJSTED CONTRACT AMOUNT TO DATE............................................................................................................................................................. $ 4. ANALYSIS OF WORK PERFORMED A. COST OF ORIGINAL CONTRACT WORK PERFORMED TO DATE (Co\. 7 front of fonn)........................................................................................ $ B. EXTRA WORK PERFORMED TO DATE (Co\. 6 above minus col. 7)............................................................................................... C. TOTAL COST OF WORK PERFORMED TO DATE................................................................................................................................... D. LESS: AMOUNT RETAINED: 0% . E. NET AMOUNT EARNED ON CONTRACT WORK TO DA TE..................................:............................................................................................ F.. ADD: 95% MATERIALS STORED AT CLOSE OF TIllS PERIOD = $0.00 .......................................:................................................ G. SUBTOTAL OF E. AND F............................................................................................................................................................................................... $ H. LESS AMOUNT OF PREVIOUS CERTIFICATES FOR PA YMENT................................................................................................... "" ..1. BALANCE DUE TIllS PA YMENT...................................................................................................................................................... UERTIFICA TE OF CONTRACTOR PERCENT COMPLE1E According to the best of my knowledge and belicf, I certify that all items and amounts shown on the face of the Periodic Estimate for Partial Payment are correct; that all work has been perfonned and lor material supplied in full accordance with the requirements of the referenced Contract, and/or duly authorized deviations, substitutions, alterations, and/or additions; that the foregoing is a true and correct statement of the contract account up to and including the last day of the period covered by this Periodic Estimate; that no part of the "Balance Due This Payment" has been received, and that the u~dersigned and his subcontractors have - (check applicable line). . . ~ ~~~~~til!JiM!tQlJ, 2,092,000.00 14,151.26 0.00 2,106,151.26 $ 2,092,000.00 14,151.26 2,106,151.26 0.00 2,106,151.26 0.00 2,106,151.26 (1,976,000.00) 130,151.26 100.000/. $ $ ~ Complied with all the labor provisions of said contract o Complied with all the labor provisions of said contra cept in those instances where an honest dispute exists with respect to said labor provisions. CONTRACTOR: WHARTON-SMITII, INC. DATE: 12/05/02 .6. I certify that I have checked and verified the above and foregoing Periodic Estimate for Partial Payment: that to the best of my knowledge and belief it is a true and correct statement of work perfonned and/or material supplied by the Contractor; f. and/or material included in this Periodic Estimate has been inspected by me and/or my duly authorized representative or assistan~s and that it has been perfonned and/or supplied in full accordance with requirements of the referenced contract; . th ity's Field Representative p. onned and/or material supplied to date. Company Name: Signed: Date: '1 Z" "3 '\) L 7 . PREPAYMENT CERTIFICA nON BY FIELD REPRESENTATIVE I certify that to the best of my knowledge and belief that all work and/or materials under the contract has been inspected by me and that ii has been performed and or supplied in full accordance wit6h the requirements of the contract. Further, I have checked this estimated against the notes and reports of my inspections of the project, and the periodic reports submitted by the architectlengi er. It is opinion that the statement of work perfonned and/or materials supplied is accurate, that the Contractor is observing the requirements of the contract, at e n 'ctor should be paid the amount requested above. Engineer's Field Representative: Date: /Jjil);;' APPROVED FOR PAYMENT A_~~~.G.l~ Terry Wadsworth . City of Edgewater 00861-1 Date: \d)\tp(O ?-