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11-04-2002 (.) (.) Voting Order CoundlworrmRhodes Coundlwomanlichter Mayor Schmidt Councilman Brown CoundlnmHOll111XX1d ~. AGENDA CITY COUNCIL OF EDGEW A TER REGULAR MEETING November 4, 2002 '7:00 P.M. COMMUNITY CENTER 1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE 2. APPROVAL OF MINUTES A. Special Meeting of September 9, 2002 B. Regular Meeting of September 9,2002 C. Regular Meeting of September 16, 2002 D. Regular Meeting of October i, 2002 3. PRESENT A TIONS/PROCLAMATIONS/PLAQUES/CERTIFICA TES/DONATIONS A. Recognition of appointed/reappointed Board and Committee members. 4. CITIZEN COMMENTS (This is the time for the public to come forward with any comments they may have. Please state your name and address, and please limit your comments to five minutes or less.) 5. CITY COUNCIL REPORTS 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A Public Hearing, Nancy Hansen, authorized agent for Edgewater United Methodist Church, requesting a Special Activities petmit for a charitable event/activity (Christmas Under the Palms). B. Public Hearing, Rich Fromm, owner of Rich's Place, requesting a Special Activities permit for a charitable event/activity (Poker Run) and to waive the permit fee. C. Public Hearing, Ed Grant, authorized agent for Edgewater Terrace Inc., seeking final plat approval for a subdivision to be known as Majestic Oaks which provides for 97 single-family building lots subject to compliance with all revisions required by the City Surveyor, City Attorney, City Engineer and City staff; formal acceptance by the City of a bond on remaining infrastructure; and authorizing the Mayor to execute the documents. D. 2nd Reading, Ord. No. 2002-0-17, amending Section 1-8 (General penalty; continuin~ violations) and Section 1-9 (Additional court cost for law enforcement education) of Chapter 1 (General Provisions) of the Code of Ordinances. E. 2nd Reading, Ord. No. 2002..0..18, amending Chapter 6 (Boats, Docks and Waterways) to include Article I (General); Article II (Non-Moving Boating Violations) and Article III (Moving Boating Violations) of the Code of Ordinances. o (.) ~ ~ . 2) All items for inclusion on the December 16, 2002, agenda must be received by the City Manager's office no later than 4:30 p.m. Monday, December 9, 2002. 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. 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. :c;jm F:\agendas\lI 1802.reg ~ 'f u u u c,~ AGENDA REQUEST Date: October 23.2002 PUBLIC HEARING 11-4-02 RESOLUTION ORDINANCE BOARD APPOINTMENT OTHER BUSINESS CONSENT ITEM DESCRIPflON Nancy Hansen, agent for Edgewater United Methodist Church is requesting a Special Activities permit for a charitable event/activity (Christmas Under the Palms). BACKGROUND The applicant is requesting to hold an arts & crafts show with approximately 90 vendors. This event is scheduled to take place on Saturday, December 14th from 9:00 a.m. to 4:00 p.m. with an estimated attendance of 1000. The applicant is aware she will be responsible for any law enforcement and clean up expenses the City incurs during this event. The proceeds will benefit the United Methodist Children's Home in Enterprise, FL Property owners within 500-feet have been notified of the public hearing. STAFF RECOMMENDATION The Technical Review Committee has reviewed the application and recommends approval ofthe request for a special activity permit to allow Edgewater United Methodist Church to hold "Christmas Under the Palms" Arts and Crafts Show on December 14th, 2002, based on the condition that the applicant fully complies with Section 21-37 (Special Activity Requirements) of the Land Development Code and Ordinance 2002-0-04 (Noise Ordinance) as well as comments made by the TRC. ACTION REQUESTED Motion to approve the request for a special activity permit to allow Edgewater United Methodist Church to hold "Christmas Under the Palms" Arts and Crafts Show on December 14th, 2002, based on the condition that the applicant fully complies with Section 21-37 (Special Activity Requirements) of the Land Development Code and Ordinance 2002-0-04 (Noise Ordinance) as well as comments made by the TRC. FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: DATE: YES NO X AGENDA ITEM NO. ~~liJi'\l~I\ Robin Matusick \. Legal Assistant ~~\l"t\' r' Kenneth R. Hooper '\ City Manager SA-020S -Edgewater United Methodist- Christmas Under the Palms 5A- 0'405 lRc- -' \ \- \ 1.D'l c..c,. - I ct--a-o~ 'b ~ Received .. CITY OF EDGEW ATER SPECIAL EVENT APPLICATION SEP 302002 t-ny of Edgewater 0 -" 8. Development This application must be completed in its entirety and submitted to the Planning Department at -least 60-days in advance of the activity. Incomplete applications will be returned to the applicant and may delay approval. NOTE: SITE PLAN MUST ACCOMPANY TillS APPLICATION FEE: $150/day s~ PT Z ~ 2..002 Date Applicant Name: JAN~'1 \-\AN~E.N Sponsor/Organization Name: ~t>('orE.~Pt\E.~ U~HTEp ~E.Tt\ob\~T C.HU.R~ Applicant/Sponsor Address: 2" 1'\. 'RIO(;.f'\A..IDQP ~\I~.". E:tx;.E.vJ Pl:TEfl f=L 32.132. AddressILocation of Event: - A Bo\l E. ~ "" u ~ C H · 1\ t> () ~ (S~ - C Ht.tc..c:"" - - - NANC.'I H AW~ N Local Contact Telephone Number:~9lo) 42~-CoS52.. Emergency # (39k) '+2..~-7775 Name of Event: ('~Hra\~Tt-'lA5 UtJD~1t \~E- -PAL~S Description of Event: A~\s "- - ~~~1'5 3\o\o\JJ./ -~.t"hJ e.c.H cd 1 ~L "1>0 ~P\\t.f. \) GooDS1 n,.~\LL) ~O~ F"6~ -poN~"C'1~~ Date(s) of Event: 1>~c... 14-) 2002 Time(s) ofEvent:--9 A.t--\. 4nL..\ P.M. () Set-up/Tear down dates: (if needed): "D-e~ '3~: 2. p\-\ -b q: 30 PM ./ '""Dee p.\-"':b: (oAl-'\ to~"" Expected Attendance: \ 000 Will admission be charged? ( ) Yes ( .{N~ Will outside live/recorded music or sound amplification be used? ( ) Yes-Hours? (1'No Will vendors be at the event? (.{ Yes ( ) No How many? ~ 0 If yes, please check the following that apply: ~ Food Alcoholic beverages ~ Soft drinks 1 Arts/Crafts Other ( specify) What equipment will be required/used? Check all that apply. Water _ . Electricity -----L- Barricades -L Trash Cans (How Many?) 3 (How Many?) ~ .0 Special Event Application5-1-02 1 iI' ' t.. .. U Which of the following will be used? -L Banner ~ Booth 1 Temporary Tents FireworkslPyrotechnics ~ Temporary Signs / Canopy Amusement Rides ./ Portable Restrooms (How Many?) a. - Other (specify) u The following shall accompany this application: -L Plan submitted to reflect location and nUmber of vendors, p~king layout, . and sanitary facilities. ,/ A letter stating the applicant acknowk~dges that they are financially , responsible for all additional services provided by the City which may include, but are not limited to the following: . trash pick up, utilities, code enforcement, law enforcement, etc. The applicant shall post a bond or provide insurance in the amount of $200,000.00 to hold the City harmless of any and all liabilities. Submittal of a listing of all affected property owners within 500-feet (listing to include names and addresses of all owners and list may be obtained from the Volusia County Property Appraisers Office). Type of organization: ./' NonProfit Charitable L 1 For Profit Tax Exempt # Name of Organization or beneficiary Federall.D. # Tax # Individual SS # If you are requesting City assistance with your event, please describe: '-> Special Event Application5-1-02 2 Ij,. '\ . Road closures (list street name(s) and date(s) all streets closed. for an event must be reopened .0. within 30-minutes of the end of each day of the event. The applicant shall comply with all requirements contained in Section 21-37 (Special Activity Permit Requirements) of the Land Development Code and Chapter 10, Article III (Noise) of the City of Edge water Code of Ordinances. If sound amplification is associated with this event, I agree to monitor the sound level so that it remains within the limits of the City Code. If valid noise complaints are received, I agree to reduce that noise to a satisfactory leveL I further understand that if reduc.ing the noise does not control citizens' complaints, the source of the noise will be terminated. . , . Signature of applicant: L/?1.~~~.. Date: 9 - 2-7- ~OO Z, . ;\,\,;:-,\\,;:v Special Event Application5-1-02 3 o o I' " o ~ Special Event Application5-1-02 . 4 ~ '\ , .1 . ACORDTII CERTIFICA'I E OF LIABILITY INSURA...jCE DATE 12/27/2001 PRODUCER THIS CERTlACATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. .Gallagher & Co. - ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE oJ House Account HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND O~ 1 Boca Place, Suite 400E ALTER THE COVERAGE AFFORDED BY THE POLICIES BEL~ 2255 Glades Road -- Boca Raton, Fl 33431 INSURERS AFFORDING COVERAGE INSURED INSURERA:UNITED NATIONAL INSURANCE COMPANY FLORIDA CONFERENCE UNITED METHODIST CHURCH INSURERB:AMERICAN & FOREIGN INS CO/UNITED NATIONAL INS CO EDGEWATER UMC INSURER c: HARTFORD STEAMBO IlER 211 N. RIDGEWOOD AVE DL 1676 INSURER D: EDGEWA!ER, FL 32132 INSURER E: . COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM ORCONDIT10N OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDIT10NS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POUCY NUMBER ~m~ri~~E "g~.fuY(~~=N UMITS Lm ~NERAL UABIUTY EACH OCCURRENCE $1 000,000 X COMMERCIAL GENERAL UABIUTY CP65083 12/31/2001 12/31/2002 ARE DAMAGE (Any one fire) $ I CLAIMS MADE W OCCUR MED EXP (Anyone person) $ A PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ ~'L AGGRnE UMIT APnS PER: PRODUCTS - COMP/OP AGG $ X POUCY ~f2;: LOC ~OMOBILE UABIUTY COMBINED SINGLE UMIT $1,000,000 X ANY AUTO AST325602 12/31/2001 12/31/2002 (Ee accident) . -'- ...!. ALL OWNED AUTOS BODILY INJURY $ B ...!. SCHEDULED AUTOS (Per person) ...!. HIRED AUTOS BODILY INJURY -0-' $ 1- NON-OWNED AUTOS (Per accident) . X COMP/COll OED $1,000 'PROPERTY DAMAGE (Per accident) $ GARAGE UABIUTY AUTO ONLY. EA ACCIDENT $ ==j ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS UABIUTY EACH OCCURRENCE $10 000.000 ~ OCCUR [J CLAIMS MADE XTI 0000007 12/31/2001 12/31/2002 AGGRt=GATE $10 000,000 A $ ==i DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X I WCSTATU. I 10J~' EMPLOYERS' UABIUTY CP65083 12/31/2001 12/31/2002 E.L EACH ACCIDENT $ A E.L. DISEASE - EA EMPLOYEE $ E.L DISEASE - POUCY UMIT $ OTHER Per Occurrence - $75,000,000 A Property Incl. WindfTheft Various C Boiler & Machinery FBP2206289 12/31/2001 12/31/2002 Per Occurrence - $50,000,000 DESCRIPTION OF OPERATIONSlLOCATlONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL Pf:lOVISIONS , . - FLOOD INCLUDED $1,000,000 ANNUAL AGGREGATE, POLICY #CP65083 EFF. 12/31/01-02 CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED WITH RESPECTS TO ART SHOW HELD ON DECEMBER 14, 2002 CERTIFICATE HOLDER. I I ADOmONAL INSUREo; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXP'-oN . . ~ CITY OF EDGEWATER DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ..JL DAYS NOTICE TO THE CERTlACATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL ATTN: PLANNING DEPARTMENT IMPOSE NO OBUGA TION OR UABIUTY OF ANY KIND UPON THE INSURER, rrs AGENTS OR PO BOX 100 REPRESENTATIVES. r -"\. ~ ~ ~. . . EDGEWATER, FL 32132 AUTHORIZED REPRESENTATIVE I j) L/4'~ I ACORD 25-S (7/97) .-. ." .. ... . -_. . . -- '.-~ . ___"_. .. ___._ - ___. __m___ __ __ _ . .- . _. 0'.'-,--, __._ . (Cl AC9f\D CORPORAT:ION1988 01 .rt- ~ z (j I~I~ :l <:f. 5 z: -.:L If) R ~c -Fo c..r d .-') o E oj 'c tJ ~ ~ o 1lI U- ..... '- ll:. ~ ~ ., U-- I Q,}-eOO --0 - (;- ~ () ;{ o o ......D :::r uJ 3fd~ w ? ~ 2.50 If) t.: ----.J ~ ~ ~ N 0 0 L c::--{ (\) -d . ~' :r -=5 u Q <11 P ,~ V) , L .-S.:: U r <~ ~ , ~ V1 -t'" Z@ \. ~ --3 U) r--- lI) 00 lD CJ- LO 0 ...3 -;; rv I '7i 'd \:J rI , -.--' '-LS; .lNOWI;j, ~J ~ ~D , ~ ~a~1 -~ . r-- .3 . t'- t- . '. .i - - . , - , I , r<) -- L0 ---r c- I - <:J - - " r~~i~.~1:~ 'T-- _ _ rO I :: Lf) .,9 jl I, J. '! N 7 ()) rO If) g = c ...9' I ill 2~ j :r! ~ W<:( \.- I 5) 70- Cl ...9 I; p:- I '-- Lni ~ 0 -S, -0 00 c: ~ ::r- 1:./ -7 r- / U r-- :r r -9 ,. ?5 C'~~I. ...9 (j) ::r r 0cLO.::5Z0 I I , 0...J 4: 7"- ~ uJ /) k I :J - :J. .{ c! (.D a: i- p- O 0 0 uJ 0 3 .J U- c.L, \.L ./) ('1 f'() N If) N , r- C"-l 0- " N C'0 ('() (<) l1) !;'f) -7~. . .-- . .' ~ C'J,I -:ij .,.91 I~ o L_=- iN L- Ie<) - :r - If) - ...9- CJ 0' N N, ~ -:t- N i1 ~ ~ N t'(), ~ . 8) ol%J~l~I~I' -' -- .H_'. -. H'~~ 1=~1 ~ ....... 10 3 .J C'-I a: .;-..9 L!.- (\) J I \.l_ -::C 00 0"" ..... cL c-J :9 ~ uJ u.J "2 ::>::r p: 3c ...J :::c . . ~(( D (.) -9 Z ~ <i) (j) d. ~ == ~ ~ 1 .:.. 0lW _n__.., ~,_ _.__.____.~__._.__._________.__. t ('l -:t- ::r\J /, ~~ V1 l.. -? .~ .re .' c E .~ -.9~ -=H r-:- '~ d: ~ o 3 w (f"") ~ r:f. z. -...../ ~ if> :5 :r ::r ~ ~ c .~ ..9 -...../ ci cJl ~ lf\ Cl,J - l c{) N t t \ ! '3t\\:J No~ N\)\ '\ l M 0 - - - - - - - - - - -, I u) I ~ c!J CL L I cL 2- Q ==' - CL ~ y:. I ~ ~ <:b Q p- ~. I ~~. 0 .~ LU :::t: C4 l- w o.b V) ~ LU ~ -:2 .0. . /""""'\ -- 2. uj -J- 5 u.J ~ c:b '7 d: if) cC J: \.9 p- ~ () t- O cL cf) 0 - ~ b 0 d U- -:::r ..b c) () -1 -- '::' ~ 2- --.-/ 0 \f) if) -L33:3 'd.lS iN OW\! l :5 -t ~ "2 -1 T ..., NL..lI...1 \ '" 1 " 'to Edgewater United Methodist Church 211 N. Ridgewood Ave. Edgewater, FL 32132 (386) 428-6552 Chi'istmcA~ Under The pcAlm~ City of Edge water POBox 100 Edgewater, FL 32132 Attention: Planning Dept. (J Dear Sirs. The follo~g property owners will be affected by our Christmas Under the Palms Arts and crafts Show: Pioneer Appliance Co. Inc., 223l':'t Rldgewood Ave, Edgewater, FL 32132 .. G Mart, Mr. Muhammed Azam, 115 N. Ridgewood Ave., EdgeWater, FL 32132 Q '" '\ l Edgewater United Methodist Church 211 N. Ridgewood Ave. Edgewater, FL 32132 (386) 428-6552 o Chi'isimcA$ Under ThePcAlm$ September 27, 2002 City ofEdgewater POBox 100 Edgewater, FL 32132 Attention: Planning Dept. Dear Sirs, Edgewat~ United Methodist Church acknowledges its financial liabIlity for all additionBl serviceS provided ,by the City ofEdgewater. These additional services may include, but are not limited to, trash pick lJP, utilities, code enforcement, and lawenforcement;'We are looking forward to a successful event. The proceeds froin this years event will benefit the United Methodist Children's Home in Enterprise, FL. - o Sincerely, C/?1~ stu- W~ Nancy Lee Hansen Chairman, ChristmaS Under the Palms Committee o ~ .., u u u b.~ AGENDA REQUEST Date: October 23. 2002 PUBLIC HEARING ORDINANCE 11-4-02 RESOLUTION BOARD APPOINTMENT OTHER BUSINESS CONSENT ITEM DESCRIPTION . Rich Fromm, owner of Rich ' s Place is requesting a Special Activities permit for a charitable event/activity (poker Run). BACKGROUND The applicant is requesting hold a Special Activity (Poker Run to benefit "Our" Children First and A Child's Dream charities) with outdoor entertainment. This event is scheduled for Sunday, November 24,2002 from 1 :00 p.m. to 8:00 p.m. with an estimated attendance of 160. The applicant is further requesting that Council waive the permit fee for this event, as the monies raised will be donated to these not for profit organizations. The applicant is aware he will be responsible for any law enforcement and clean up expenses the City incurs during this event. Property owners within 500-feet have been notified of the public hearing. STAFF RECOMMENDATION The Technical Review Committee has reviewed the application and recommends approval of the request for a special activity permit to allow Rich's Place to have a Poker Run to benefit "Our" Children First and A Child's Dream on November 24, 2002. This approval is based on the condition that the applicant fully complies with Section 21-37 (Special Activity Requirements) of the Land Development Code, Ordinance 2002-0-04 (Noise Ordinance), comments made by the TRC, and that all outdoor entertainment/amplified sound takes place between the hours of 1 :00 p.m. and 8:00 p.m. only. Staff recommends denial of the applicant's request to waive the permit fee. ACTION REQUESTED Motion to approve the request for a special activity permit to allow Rich's Place to have a Poker Run to benefit "Our" Children First and A Child's Dream on November 24, 2002. This approval is based on the condition that the applicant fully complies with Section 21-37 (Special Activity Requirements) of the Land Development Code, Ordinance 2002-0-04 (Noise Ordinance), comments made by the TRC, and that all outdoor entertainment/amplified sound takes place between the hours of 1 :00 p.m. and 8:00 p.m. only. Staff recommends denial of the applicant's request to waive the permit fee. FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: DATE: YES NO X AGENDA ITEM NO. ~~~~4\ Robin Ma ick Legal Assistant ~~\~~~~\~ Kenneth R. Hooper \ l.) City Manager SA-0204 - Rich's Place ",' ..: ~~. .r.. . Received t 'b ~. .~':j -U~U'i '. ....".-., ~-.<:.~ - \O'~G.-o~ ~~ -\\-Y:-02 CITY OF EDGEWATER. SPECIAL EVENT APPLICATION SEP 2 3 2002, . ell'/ofEdgewater 0 Planning & Development. - - . This application must oe completed in its entirety arid submitted to the Planning Department at - least 60-days in advance of the activity. Incomplete applications will be returned to the applicant arid may delay approval. NOTE: SITE PLAN MUST ACCOMPANY THIS APPLICATION , - FEE: $lS0/day Cf ~ 'Z... '2... - "2.U0 ~ Applicant Name: ~ \~ . SJ[~ (~~"e~~) Sponsor/Organization Name: ..:\. c....-l(S. ( lice . Applicant/Sponsor Address: Zr:zz /I/~'r!'cIt~ ,:, p~ Lk- ~5 (' ~ Address/Loc~tionofEvent:.2S?~ SC)~ ("cst. - PcQ9:l .hf-~. -_ Loc8J.Contact~elepho~~Num~er:~U 1'1;37 . - .- Emergency# iJ... 76tDtf/. Name of Event: O\..l-(l.. c.,.~ . f~ /A-t!!/.I..lrl5 ---:1JH~ . - .. ~ . .' ~... - - Description of Event: . - i'6 ~-('r ~ h-J:>r-<>TS\lr-P Date(s) of Event No" 'J...'f Time(s) ofEvent:~ l-. Co 0 Set~uprrear down elates: (if needed): - . Expected Attendance: \ ~ 0 - - , Will adinission be, charged? 'OQ Yes ( ) No Will outside livelre~orded IilUSi~ or sound amplification be used? ~Yes-Hours? \- 8 () No Will vendo~s be at the event? C') Y es ~o How many? - If yes, please check the following that apply: \Jo~ Food /---Y ,Alcoholic beverages ~ Soft drinks - ~ Arts/Crafts Other (specify) What equipment will be required/used? Check all that apply. Water - Electricity ~ Barricades (How Many?) -- - Trash Cans . (How Many?) f~ ~flf(}2. -V2-o3 -ooll - Special Event ApplicationS-I-02. 1 .- -0 - ~ ~ \>;0 ... u " Which of the following will be used? , f\ilJ/' Banner Booth , Temporary Tents Fireworks/Pyrotecbnics Temporary Signs , Canopy ,Q ,Q }1./J Other (specifY) , The following shall aooompany this application: _ Plan submitted to reflect location and~umber ofveIidors, .parking layout! " _ and sanitary :fu.cilities. , .' . , " , ..: ': ~ ' -L A letter stating the applicant acknowl~d.ges ~t they m:efinanc~ resPonsible for all additional services proVided by the City which may , , , ~cl~de, bUt are not limited to the foll~~: trash pick ~p, utilities, code , / enforcement, law enforcement, etc. . .' . " . ~ The applicant Sb~llpost a bond or provide insuTance in the amount of ,_ 'J $200~~OO.OO to.~ldthe City harmles~_ofany and alllia~~ties. . . ---..:.-.' Submittal of a listing of all affected, property owners within'SOO-feet (listing , to ~clude nam~s and addresses of all own:ers and list may be obtained from th,e V olusia County Property Appraisers Office). Type of organization: Non Profit .~ ~ Amusement Rides Portable Restrooms (How Many'?) Charitable ' For Profit Tax Exempt # ' ",. _ ~ame of Organization or beneficiary o~\A \L ~ ~ + FederalI.D. # ' Tax # Individual SS # If you are requesting City assistance with your event, pleaSe descnbe:- ?4cr/ c.'1 /p/u/~e U. /-e.M' r~ g:v.eJ{ " " Special Event ApplicationS-l-02 2' -( b t.> Road closures (list streetname(s) and date(s) all streets closed for an event must be reopened U within 30-minutes of the end. of each day of the event The applicant shall comply with all requirements contained in Section 21-37 (Special Activity Permit Requirements) of the Land Development Code and Chapter 10, Article ill (Noise) of the City of Edge water Code of Ordinances. . ' . . . . If sound amplification is associated with this event, I agree to monitor the sound level.~ that it remains within the limits of the City Code. Ifvalid noise complaints are receive<t I agceeto , , reduce that noise to a satisfactory level I further understand, that if reduciIlg the n()is~'does not . .' control citizens' comp . urce of will ~. temiinated;' .: .- ,. Signature 'of applicant: <? - 'L L~ 2.1JO L.- o . . Date: .~\~....~ . Special Event Applicati0n5-1-02 3 o , ' . ~, '''' ,/ U FOR OFFICE USE ONLY POLICE DEPARTMENT APPROVED DENIED DATE COMMENTS/CONDmONS SIGNATURE: FIRE DEPARTMENT APPROVED DENIED DATE COMMENTS/CONDITIONS SIGNATURE: PLANNING DEPARThJENT APPROVED " " DENIED "DATE" COMMENTS/CONDmONS' SIGNATtJRE: ',<. U BUILDING DEPARTMENT " APPROVED DENIED ',DATE ' COMMENTS/CONDmONS SIGNATURE: CODE ENFORCEMENT APPROVED DENJE.P , DATE' COMMENTS/CONDITIONS' . I... SIGNATURE: ' . '\ <.J Special Event Application5-1.02 4 ~ " :3"';'41! t,a:m IV. ....'mal.OIIg AIlIO InW'anC'.e "1' S RlIJg&woOCl AIIW.2 (00...0\01'. fl321.' CERTIFICATE OF LIABILIT~ INSURANCE IlA~=1YY1 THIS CERTIFICATE IS ISSUED AS ,\ MAl It:A Of' INFORtMTI()N ONLY AHD CONFERS NO RIGHTS UPl)NHiE CERllflCATE HOLDER, THIS CEkTIFICATE OOES NO' AMENO. EXTEND OR _. A~TER.TI.1E CO\IE~E AFFOAOE.[J 8Y THE POLICIES BELOW INSURERS AFFORDING COIlEAAGE INSUll€U, ' P~QG~M UND~RWRlrfR ING o ACORD... RICHS PLAce 25'7& S RidgeWood A'J. Edgllwaler. FL 32141 . IIISOIER.: INIURtR C, I .. .... llol5UllElllI: INSuRfll E. '. .J'/l "A(;I:~; 'hi 1'( 1111.11' :" :'>1 IN$\JRAtolCE lIS'l'EO HAve. BEEN I$SUED TO THE IrtSURED NAMED ABOve FOR THE POUCY PERIOD IN(;I(:" 1': i) NO'tWllHSTANDING "N'( ~1:(JUlllI MENT. l~RM OR CONOlTlON OF ANY COHTRACT OR OTHER DOCUMENT WITH RESPECT TO WI1ICH THIS GII~ lit 1l;~TE. MAY SE ISSUED OR /oM v l>tiRl'AIN THE INSURANce AFfORDED BV THE POLICIES DESCRIBED HERIIN IS SU8JI::CT TO All THE 1llRMS: ENCl.IhlOhS AND CONOITIONS OF SUCH l'OIICIr.!> AGCREGA'l'f UMlTS SHOWN MAY HAilE BEEN REDUCED BY PAID ~LAIM~. .~:: 1 il'.. ot I~$IJ~_NC( . POLICV HUM!'EA . I o::;=:: ". "::=~ '".fft.''' ...d1U" LIMITS ~ '.,:/1:' '011 l.o~hl~~~ ,'.UIIIT' PU 98103 10/2/2002 'FAI;U",,, 1.,1'11'\ f ..,Of2l2003 ~"RF eLI,,,. .1,""" ....,...) , ,utO ~ .~. I .. . t\"I*~t' .1.000.000.00 I: I,." H l)CrJJr- ,'t19,.C'.f-l'- ,. I..... I"lJU"" 'a'-N!I... ':.(irrt .,fl :IIRODi,t r .:),....C~I "GC . 1.000.000.00 1.000,000.00 ',I ",I.lli ,.../1 ,IMI~.v"'I,!~rr.' .',. 1''''1:.:",1 ,,(\!i .u'OIlOIIl'f ~1A"~ln rOM'....I. ,.f.(~! il"".1 1~'~"II"I" J', :. '. 'o\"r.' :'. r~l ,-., ....._\.. I '. .'..1..:....:.:-. .11'.. tl AUlir tKlIl:' . ,', Of... ;~\pt.~ '. .1-.'1' ",I ".' 4.,t: .\..l.h, iJA,.'\I', '-l. . ~..t.ll...1. ,et" "':' I>:'I~I o ":11,,,:,11,'; .~J~(' I ... , "'.:I:,.VH ...,....<tt ,.allt.ln 1.:.,:'-...... .~t.tl" ....V ..'I':..... 01.. ; ,..~,:, "Uti . .tU~ "AIIII'I It....;tl;-... .Wll'....:( ~~~~h' lJ. i . I". Ct.",..s ....'" ,'or Ill' "f>'" ,,''Il JI. ,,,', \lltl o .~..~ .~~\l!':' . 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I ~ ~.. ....-i- . /, Q ACORD CORPORATION 1088 ...., ...--....----.- . · S~f-r 22 2Do2-. ~e{f7 pi r5cwc:t~. ~?2/ cAo,J C- /'/OMA &-- (1?xt.. PI""<-A-J . . . o . kbwcul-ecCe -I-fd I aHA- ra..-.c~~ /[-e~y~>67-t.r- ~ J~~, 'fJ~.-1 fj/7v'" >- . ~ c/~JiL ,7'_22,2uo2- 0 O' _.... ,,:,';ij"f 111c01'5 pla-c~' ;.:"i'.<"f~ , ",:/'. :.,~;,/ e41d110 l>o.r ' e.IItinIJ ~ .-ot.rId buIdiIg e II . If ...... Ff'Oflt".,..1.Gt " , . '::~n.>i')---- IITF_~- ,U.8. 1 .'1/> o o o . ) .' ", : , , u \ u . ......~ Do ---~ , "..,,..11' .. . .... LOt frOId, .."... u.s. Highway 1 We Will HaveSOdleone in the parking lot to Direct people to the rear Parking area 81 wenonnally do on weekends. We are not expecting to go over Our capacity parking. H tbe problem shaD arise, we will simply have to turn them away. - U 1><, . r 4 , u U 'U Ce, AGENDA REQUEST Date: October 29.2002 PUBLIC HEARING November 4. 2002 BOARD APPOINTMENT RESOLUTION ORDINANCE OTHER BUSINESS CONSENT ITEM DESCRIPTION: Ed Grant, authorized agent for Edgewater Terrace Inc., is seeking final plat approval for a subdivision to be known as Majestic Oaks. The subdivision provides for 97 single-family building lots. OWNER: Edgewater Terrace Inc. APPLICANT/AGENT: Ed Grant REQUESTED ACTION: Final Plat approval for a subdivision to be known as Majestic Oaks. PROPOSED USE: Single Family Residential subdivision LOCATION: On the west side of U.S. Highway 1, south of Silver Ridge subdivision. (Parcel ill # 8402-00-00-0420) . AREA: 26.3:1:: acres CURRENT LAND USE: Vacant FUTURE LAND USE MAP DESIGINA TION: Medium Density Residential ZONING DISTRICT: Court Order, 200 units max. VOTING DISTRICT: 3 SD-020 1 - Majestic Oaks final plat SURROUNDING AREA ( Current Use Future Land Use Map Zoning District Desi2nation North Single Family Residential Low Density Residential R-1(Single Family Residential) East Mobile Homes I Vacant/ Medium Density MH-l(Mobile Home Park) Single Family Residential Residential I Commercial B-3 (Highway Commercial) I wi Conservation Overlay Volusia County B-4 (General Commercial) South Single Family Residential Low Density Residentiall R -l(Single Family Nacant Volusia County - Urban Residential) I Volusia County Low Intensity R-3 (Urban Single Family / Residential) West Single Family Residential Low Density Residential R-2 (Single Family Residential) ... ~ o ANALYSIS Background: Edgewater Terrace Inc., is seeking final plat approval for a subdivision to be known as Majestic Oaks. The applicant proposes to plat the subdivision prior to the installation of the remaining infrastructure, therefore a performance bond shall be delivered to the City in the amount of 11 O-percent of the cost of all required improvements, such as streets, utilities, drainage, etc. A mandatory Homeowner's Association is required for the maintenance of the 0 property and enforcing applicable covenants and restrictions. The HOA will also be responsible for the streetlight requirements that result from the project, including payment to Florida Power and Light for installation, maintenance and power consumption and the mandatory HOA shall be responsible for maintenance of the stormwater ponds within the Majestic Oaks Subdivision. On June 3, 2002 City Council voted to approve the Development/SubdivisIon Agreement and preliminary plat. The applicant is now presenting the final plat as required in Section 21-167 of the Land Development Code. Land Use Compatibility: The proposed use of single family homes is compatible with the surrounding residential uses. Adequate Public Facilities: This parcel has access to U.S. Highway 1 and Glenwood Drive. Sanitary sewer and stormwater shall be provided by the developer, as well as the construction of roadways within the development. Consistency with Comprehensive Plan: Pursuant to the policies in the Comprehensive Plan this request is specifically consistent with Goal 2 of the Housing Element to provide a variety of housing types and costs. SO-020 1 - Majestic Oaks final plat o :I , u u u Other Matters: Per a court order dated July, 11, 1988 this parcel shall have no zoning associated with it, and a maximum of 200 units. STAFF RECOMMENDATION: Approval of the final plat for Majestic Oaks Subdivision based upon the condition that prior to recording of the final plat, all revisions required by the City Surveyor, City Attorney, City Engineer, and City Staff are successfully completed, as well as the formal acceptance by the City of a bond on the remaining infrastructure. ACTION REQUESTED: Motion to approve the final plat for Majestic Oaks Subdivision based upon the condition that prior to recording of the final plat, all revisions required by the City Surveyor, City Attorney, City Engineer, and City Staff are successfully completed, as well as the formal acceptance by the City of a bond on the remaining infrastructure. FINANCIAL IMP ACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES NO X Respectfully Submitted By: s... ~ .' <../ enn 'R. ooper City Manager SD-020 1 - Majestic Oaks final plat i . u u u ,,~. AGENDA REQUEST C.A. NO.: 2002-159 Date: October 22. 2002 PUBLIC HEARING 11/04/2002 ORDINANCE 11/04/2002 RESOLUTION 11/04/2002 BOARD APPOINTMENT OTHER BUSINESS CONSENT ITEM DESCRIPTION: 2002-0-17 An ordinance amending Section 1-8 (General penalty; continuing violations) and Section 1-9 (Additional court cost for law enforcement education) of Chapter 1 (General Provisions) of the Code of Ordinances 2002-0-18 An ordinance amending Chapter 6 (Boats, Docks and Waterways) to include Article I (General); Article II (Non-Moving Boating Violations) and Article III (Moving Boating Violations) of the Code of Ordinances 2002-R-28 Resolution establishing a schedule offines, penalties and/or costs relating to various law enforcement violations and additional court costs for edcuation. BACKGROUND: In an effort to give our law enforcement officers additional support, the City is adopting modifications to Chapter 6 (Boats, Docks and Waterways) to include an avenue for local enforcement on non-moving and moving boating violations to include enforcement to the centerline ofthe channel in the Indian River. Ordinance #2002-0-17 provides an avenue for the City to receive additional funds from the Clerk of Court from any defendant in a municipal ordinance violation case and Ordinance #2002-0-18 provides for the City to adopt several State Laws as municipal regulations so our officers will have the option to charge a violator with either the statutory violation or the municipal. Resolution #2002-R-28 establishes the schedule of fines, penalties and/or costs relating to law enforcement action taken by our officers on various violations. ST AFF RECOMMENDATION: Staff recommends approval of Ordinance #2002-0-17, Ordinance #2002-0-18 and Resolution #2002-R-28. ACTION REQUESTED: Motion to approve Ordinance #2002-0-17, Ordinance #2002-0-18 and Resolution #2002-R-28. FINANCIAL IMP ACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Concurrence: ~~~i---r< Robin L. Matusick \ Legal Assistant \!",-,y~&. '< ~~ \.." t Kenneth R. Hooper \ City Manager rlm .. . o o o .; . u u u ORDINANCE NO. 2002-0-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; AMENDING SECTION 1-8 (GENERAL PENALTY; CONTINUING VIOLATIONS), SECTION 1-9 (ADDITIONAL COURT COST FOR LAW ENFORCEMENT EDUCATION) OF CHAPTER 1 (GENERAL PROVISIONS, PART II (CODE OF ORDINANCES); PROVIDING AUTHORITY TO ESTABLISH AND MODIFY A SCHEDULE OF FINES AND PENALTIES; AUTHORIZING NOTICE TO THE COURT ADMINISTRATOR BY THE CITY CLERK; PROVIDING FOR CODIFICATION, CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; ESTABLISHING AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City of Edgewater, has adopted ordinances codified as the "Code of Ordinances of the City of Edgewater, Florida," and provided for general penalties in Section 1-8, of the City Code, consisting of a fine, not exceeding $500.00 or imprisonment not exceeding 60 days with each day constituting a separate offense, all as authorized pursuant to Chapter 166 and Section 162.22, Florida Statutes; and WHEREAS, pursuant to Section 775.08, Florida Statutes, penal ordinances adopted by local governments are not designated as crimes or misdemeanors by state law; and WHEREAS, in 1977, Florida Legislature created Chapter 938, Florida Statutes, consolidating and categorizing all provisions relating to court costs, in order to assist the judiciary and all participants in the court system identify, assess, collect, and disburse court costs appropriately; and WHEREAS, to assist the court in assessing fines and costs for violations of the ordinances of the City of Edgewater which may come before the Court; the City Council wishes to adopt a schedule of fines for violation of all penal ordinances in the City Code, with court costs mandated by law; and St1tlck t1uongh passages are deleted. Underlined passages are added. 2002-0-17 1 ... WHEREAS, the City of Edgewater wishes to be consistent with the surrounding . municipalities regarding a standardization of the schedule of fines and court costs; and WHEREAS, the City of Edgewater desires to have the Clerk of Court charge for offenses o committed within the city boundaries in a similar manner to the surrounding municipalities; and WHEREAS, the City of Edgewater requests that the Clerk of Court accept a designated fine from any defendant in a municipal ordinance violation case, whether the defendant was taken into custody or issued a Notice to Appear for the violation, and that the Court authorized an entry of adjudication withheld in each case for which such fine and mandatory costs are paid. NOW, THEREFORE, BE IT ENACTED by the City Council ofthe City of Edgewater, Florida as follows: PART A. AMENDING SECTION 1-8 (GENERAL PENALTY; CONTINUING VIOLATIONS) OF CHAPTER 1 (GENERAL PROVISIONS), PART II (CODE OF ORDINANCES). Section 1-8 is hereby amended to read as follows: Sec. 1-8. General penalty; continuing violations. o Wherever in this Code or in any ordinance of the city, or rule or regulation promulgated by an officer or agent thereof, under authority of law or ordinance, any act is prohibited or is declared to be unlawful or an offense or misdemeanor, or the doing of any act is required, or the failure to do any act is declared to be unlawful or an offense or misdemeanor and no specific penalty is provided therefore, the violation of any such provision of this Code, ordinance, rule or regulation shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment not exceeding sixty (60) days. as authorized pursuant to Chapter 166. Florida Statutes. Each day any violation of this Code, ordinance, rule or regulation continues shall constitute a separate offense. ill} The City of Edge water hereby authorizes and provides for a schedule of fines and/or penalties for violation of all penal ordinances the Code. Said schedule of fines and/or penalties shall be established and modified from time to time as needed by resolution of the City Council. PARTB. AMENDING SECTION 1-9 (ADDITIONAL COURT COST FOR LAW ENFORCEMENT EDUCATION) OF CHAPTER 1 (GENERAL PROVISIONS), PART II (CODE OF ORDINANCES). Shuck tluough passages are deleted. Underlined passages are added. o 2002-0-17 2 ,# . u o Q Section 1-9 is hereby amended to read as follows: Sec. 1-9. Additional court cost for law enforcement education. (a) There is hereby assessed by the city City of Edge water, in compliance with Section 943.25(5) 318.18(11)(b) and Section 938.15, Florida Statutes, an additional two dollars ($2.00), as quick Gost court costs against every person convicted of violating for violation of a state penal or criminal statute or state traffic law or convicted of v iolating a municipal or county ordinance or who admits to the commission of a traffic infraction, where said offense occurred within the city limits City of Edgewater. In addition, two dollars ($2.00) shall be deducted from every bond estreature or forfeited bail bond related to such penal statutes or ordinances. However, no such assessment shall be made against any person convicted -of v iolating for violation of any state statute, municipal or county ordinance relating to the parking of vehicles. (b) All such assessments shall be collected by the appropriate court and shall be remitted to the city and earmarked for criminaljustice law enforcement education and training for members of the Edgcwater Police Department. The use and expenditure of such funds shall be in accordance with education and training programs for law enforcement personnel.. as determined by the chief of police and in accordance with Section 943.14(4) 938.15, Florida Statutes. PART C. NOTICE TO THE COURT ADMINISTRATOR. The City Clerk is hereby directed to transmit a certified copy of this Ordinance and any related resolution to Mark Weinberg, Court Administrator, Courthouse Annex, 125 East Orange Avenue, Room #200, Daytona Beach, Florida 32114. PART D. CODIFICATION. Provision of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other appropriate word, and the sections ofthis ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts C through H shall not be codified. . PART E. 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. StIl1Gk t1uotIgl. passages are deleted. Underlined passages are added. 2002-0-17 3 .. ~ PART F. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, o inoperative, or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any persons, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART G. EFFECTIVE DATE. This Ordinance shall become effective immediately upon passage and adoption. PART H. ADOPTION. After Motion by Councilman Hammond and Second by Councilwoman Lichter, the vote on the first reading of this ordinance held on October 21,2002, was as follows: AYE NAY Mayor Donald A. Schmidt ABSENT 0 Councilman James P. Brown X - Councilman Myron F. Hammond X - Councilwoman Harriet E. Rhodes X Councilwoman Judy Lichter X - Stlnck tluongh passages are deleted. Underlined passages are added. o 2002-0-17 4 '" f u Q Q After Motion by and Second by the vote on the second reading of this ordinance was as follows: Mayor Donald A. Schmidt Councilman James P. Brown Councilman Myron F. Hammond Councilwoman Harriet E. Rhodes Councilwoman Judy Lichter AYE NAY PASSED AND DULY ADOPTED this 4th day of November, 2002. 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 Shuck thlough passages are deleted. Underlined passages are added. 2002-0-17 CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant Approved by the City Council of the City of Edgewater at a meeting held on this day of 2002 under Agenda Item No. 5 j "; u Q u ".~ AGENDA REQUEST C.A. NO.: 2002-159 Date: October 22.2002 PUBLIC HEARING 11/04/2002 ORDINANCE 11/04/2002 RESOLUTION 11/04/2002 BOARD APPOINTMENT OTHER BUSINESS CONSENT ITEM DESCRIPTION: 2002-0-17 An ordinance amending Section 1-8 (General penalty; continuing violations) and Section 1-9 (Additional court cost for law enforcement education) of Chapter 1 (General Provisions) of the Code of Ordinances 2002-0-18 An ordinance amending Chapter 6 (Boats, Docks and Waterways) to include Article I (General); Article II (Non-Moving Boating Violations) and Article III (Moving Boating Violations) of the Code of Ordinances 2002-R-28 Resolution establishing a schedule offines, penalties and/or costs relating to various law enforcement violations and additional court costs for edcuation. BACKGROUND: In an effort to give our law enforcement officers additional support, the City is adopting modifications to Chapter 6 (Boats, Docks and Waterways) to include an avenue for local enforcement on non:'moving and moving boating violations to include enforcement to the centerline of the channel in the Indian River. Ordinance #2002-0-17 provides an avenue for the City to receive additional funds from the Clerk of Court from any defendant in a municipal ordinance violation case and Ordinance #2002-0-18 provides for the City to adopt several State Laws as municipal regulations so our officers will have the option to charge a violator with either the statutory violation or the municipal. Resolution #2002-R-28 establishes the schedule of fines, penalties and/or costs relating to law enforcement action taken by our officers on various violations. STAFF RECOMMENDATION: Staff recommends approval of Ordinance #2002-0-17, Ordinance #2002-0-18 and Resolution #2002-R-28. ACTION REOUESTED: Motion to approve Ordinance #2002-0-17, Ordinance #2002-0-18 and Resolution #2002-R-28. FINANCIAL IMP ACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Concurrence: W\~ nasiak ~n-o~~i--K Robin L. Matusick \ Legal Assistant ~~&'<~~ \"O\r Kenneth R. Hooper \ City Manager rIm , t o o o ;, j ORDINANCE NO. 2002-0-18 u AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEW ATER, FLORIDA; AMENDING CHAPTER 6 (BOATS, DOCKS AND WATERWAYS) TO INCLUDE,ARTICLE I (GENERAL), ARTICLE II (NON-MOVING BOA TING VIOLATIONS) AND ARTICLE III (MOVING BOATING VIOLATIONS); OF THE CODE OF ORDINANCES, CITY OF EDGEW ATER, FLORIDA; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY ,AND APPLICABILITY; PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. The City of Edgewater now has the capability of enforcing marine violations in our local waterways and the Indian River; and 2. Chapter 6 (Boats, Docks and Waterways) has not been modified since 1991 and should be brought up to date to include a broader expanse of marine violations which may now be Q enforced by the City; and 3. These modifications will include an avenue to enforce both non-moving and moving boating violations. NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Edge water, Florida: PART A. AMEND CHAPTER 6 (BOATS, DOCKS AND W ATERW A YS) TO INCLUDE ARTICLE I (GENERAL), ARTICLE II (NON-MOVING BOATING VIOLATIONS) AND ARTICLE III (MOVING BOATING VIOLATIONS) OF THE CODE OF ORDINANCES, CITY OF EDGEW ATER, FLORIDA. Chapter 6 is hereby amended to read as follows: '-> Shuck t1uol1gh passages are deleted. Underlined passages are added. 2002-0-18 1 \. ARTICLE I. IN GENERAL I ~ Sec. 6-1. Nonliability of city for boats and other property at park1 and pier1 and recreation area and ebew hel e or other city property. o The city hereby disclaims any responsibility or liability for the loss or damage to any boat, or floating vessel or any equipment contained therein, including motors, or any trailers that are left upon or moored at any the park.. and pier.. and recreation area aelOSS flom the cit} hall or on any other property owned by the city. Sec. 6-2. Mooring to bulkhead or leaving sunken vessel at park1 and pier1 and recreation area or other city property. (a) It shall be unlawful for any person to moor or tie any boat or floating vessel of any type to the bulkhead or seawall surrounding any the park.. and pier.. and recreation area diIeetly aeIOSS flom city hall, or any other city-owned watCIflont property. (b) It shall also be unlawful for any person to allow a boat or other vessel to remain in a sunken condition next to or adjacent to any the park.. and pier.. and recreation area aelOSS nom cit} hall, or any other city-owned watclnont property. Sec. 6-3. Florida Shores - Watercraft motors prohibited. The use of any motor of any type except a battery powered trolling motor not exceeding a speed offive (5) miles per hour upon any lake, canal, ditch, or body of water in Florida Shores in the city is prohibited. 0 Sec. 6-4. Same - Storing or leaving watercraft prohibited. The storing of or leaving of any boat or other watercraft unattended in or upon the shore of any lake, canal, ditch, or body of water in Hodda ShOlCS 01 ~ OthCl cit}-owncd watelftont plOpClt} within the city is prohibited. Sec. 6-5. Same Florida Shores - Docks, etc., prohibited; exceptions. No docks or other structures may be constructed or erected by anyone in.. -or upon or over any lake, canal, ditch or body of water in Florida Shores in the citj; provided, however, this provision shall not affect any legally existing docks, provided that no additions or extensions are to be made to any existing dock upon any lake, canal, ditch or body of water in Florida Shores in the city. All such existing docks shall be maintained in a state of repair or shall be subject to condemnation and removal by the city. Sec. 6-6. Swimming or wading in lake or shell pit. It shall be unlawful for any person to swim or wade in any fresh water lake or shell pit, whether natural or artificially created, within the city. Stl tick throtlgh passages are deleted. Underlined passages are added. o 2002-0-18 2 ~ '> u '-.) '-> Sec. 6-7. Enforcement. A violation of this chapter. except as otherwise provided. constitutes a civil infraction punishable by a civil penalty not to exceed five hundred dollars ($500.00). Penalties for violation of specific sections of this chapter shall be established by resolution of the city council. If a person who has committed the violation does not contest the citation. a civil penalty of less than the maximum allowed will be assessed. Any citation may be contested in county court. Sec. 6-8 - 6-9. Reserved. ARTICLE II. NON-MOVING BOATING VIOLATIONS State law adopted as municipal reeulations. The following State Laws. as amended from time to time. are hereby adopted as City of Edgewater municipal regulations. City of Edgewater may enforce the following state statutes. within the City of Edge water including to the center line of the channel within the Indian River: Sec. 6-10. Operation of registered vessels. Pursuant to the requirements contained in Section 328.46. Florida Statutes as amended from time to time. Sec. 6-11. Vessel rel!istration. application. certificate. number. decal. duplicate certificate. Pursuant to the requirements contained in Section 328.48. Florida Statutes as amended from time to time. Sec. 6-12. Special manufacturers' and dealers numbers. Pursuant to the requirements contained in Section 328.52. Florida Statutes as amended from time to time. Sec.6-13. Federal numbering system adopted. Pursuant to the requirements contained in Section 328.54. Florida Statutes as amended from time to time. Sec.6-14. Military personnel: registration: penalties. Pursuant to the requirements contained in Section 328.60. Florida Statutes as amended from time to time. Sec. 6-15. Classification: registration: fees and charges: surcharge: disposition of fees: marine turtle stickers. Pursuant to the requirements contained in Section 328.72. Florida Statutes as amended from StJ dck tluongh passages are deleted. Underlined passages are added. 2002-0-18 3 .. time to time. Sec. 6-16 - 6-19. Reserved. ARTICLE III. MOVING BOATING VIOLATIONS o State law adopted as municipal regulations. The following State Laws. as amended from time to time. are herebv adopted as City of Edgewater municipal regulations. City of Edgewater may enforce the following state statutes. within the City of Edgewater including to the center line of the channel within the Indian River: Sec. 6-20. Manatee Zones. Pursuant to the requirements contained in Section 370.12. Florida Statutes as amended from time to time. Sec. 6-21. Regulation of vessels by municipalities or counties. Pursuant to the requirements contained in Section 327.22. Florida Statutes as amended from time to time. Sec. 6-22. Reckless or careless operation of vessel. Pursuant to the requirements contained in Section 327.33. Florida Statutes as amended from time to time. Sec. 6-23. Water skis. parasails. and aquaplanes regulated. o Pursuant to the requirements contained in Section 327.3 7. Florida Statutes as amended from time to time. Sec. 6-24. Personal watercraft ree:ulated. Pursuant to the requirements contained in Section 327.39. Florida Statutes as amended from time to time. Sec. 6-25. Boatine: safety identification cards. Pursuant to the requirements contained in Section 327.395. Florida Statutes as amended from time to time. Sec. 6-26. Interference with navigation. Pursuant to the requirements contained in Section 327.44. Florida Statutes as amended from time to time. StltlGk thlong,h passages are deleted. Underlined passages are added. o 2002-0-18 4 ? <..; u u Sec. 6-27. Restricted areas. Pursuant to the requirements contained in Section 327.46. Florida Statutes as amended from time to time. Sec. 6-28. Regattas. races. marine parades. tournaments. or exhibitions. Pursuant to the requirements contained in Section 327.48. Florida Statutes as amended from time to time. Sec. 6-29. Vessel safety regulations: equipment and lighting requirements. Pursuant to the requirements contained in Section 327.50. Florida Statutes as amended from time to time. Sec. 6-30. Maximum loading and horsepower. Pursuant to the requirements contained in Section 327.52. Florida Statutes as amended from time to time. Sec. 6-31. Marine sanitation. Pursuant to the requirements contained in Section 327.53. Florida Statutes as amended from time to time. Sec. 6-32. Local regulations: limitations. Pursuant to the requirements contained in Section 327.60. Florida Statutes as amended from time to time. Sec. 6-33. Muffling devices. Pursuant to the requirements contained in Section 327.65. Florida Statutes as amended from time to time. Sec. 6-34 - 6-40. Reserved. 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, StlUGk tlllou~h passages are deleted. Underlined passages are added. 2002-0-18 5 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. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART F. ADOPTION. After Motion by Councilwoman Lichter and Second by Councilman Hammond, the vote on the first reading of this ordinance held on October 21,2002, was as follows: Stmck thlough passages are deleted. Underlined passages are added. 2002-0-18 6 '. o o o .' 1 u u u 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 Stltlck tlllou/;h passages are deleted. Underlined passages are added. 2002-0-18 AYE NAY day of November, 2002. CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant Approved by the City Council of the City of Edgewater at a meeting held on this day of 2002 under Agenda Item No. 7 , ~ u o o <;'.\= AGENDA REQUEST C.A. NO.: 2002-159 Date: October 22.2002 PUBLIC HEARING 11/04/2002 ORDINANCE 11/04/2002 RESOLUTION 11/04/2002 BOARD APPOINTMENT OTHER BUSINESS CONSENT ITEM DESCRIPTION: 2002-0-17 An ordinance amending Section 1-8 (General penalty; continuing violations) and Section 1-9 (Additional court cost for law enforcement education) of Chapter 1 (General Provisions) of the Code of Ordinances 2002-0-18 An ordinance amending Chapter 6 (Boats, Docks and Waterways) to include Article I (General); Article II (Non-Moving Boating Violations) and Article III (Moving Boating Violations) of the Code of Ordinances 2002-R-28 Resolution establishing a schedule offines, penalties and/or costs relating to various law enforcement violations and additional court costs for edcuation. BACKGROUND: In an effort to give our law enforcement officers additional support, the City is adopting modifications to Chapter 6 (Boats, Docks and Waterways) to include an avenue for local enforcement on non-moving and moving boating violations to include enforcement to the centerline of the channel in the Indian River. Ordinance #2002-0-17 provides an avenue for the City to receive additional funds from the Clerk of Court from any defendant in a municipal ordinance violation case and Ordinance #2002-0-18 provides for the City to adopt several State Laws as municipal regulations so our officers will have the option to charge a violator with either the statutory violation or the municipal. Resolution #2002-R-28 establishes the schedule of fines, penalties and/or costs relating to law enforcement action taken by our officers on various violations. STAFF RECOMMENDATION: Staff recommends approval of Ordinance #2002-0-17, Ordinance #2002-0-18 and Resolution #2002-R-28. ACTION REQUESTED: Motion to approve Ordinance #2002-0-17, Ordinance #2002-0-18 and Resolution #2002-R-28. FINANCIAL IMP ACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Concurrence: ~~"--Jd~i--K Robin L. Matusick \ Legal Assistant ~~&-s( ~"- \""r Kenneth R. Hooper \ City Manager rim ~ ~ o o o . ) u '-J Q RESOLUTION NO. 2002-R-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ESTABLISHING A SCHEDULE OF FINES, PENALTIES AND/OR COSTS RELATING TO THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER PURSUANT TO SECTION 1-8 (GENERAL PENALTY; CONTINUING VIOLATIONS) AND SECTION 1-9 (ADDITIONAL COURT COST FOR LAW ENFORCEMENT EDUCATION) OF CHAPTER 1 (GENERAL PROVISIONS), PART II (CODE OF ORDINANCES) ; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. The City of Edgewater has adopted Ordinance No. 2002-0-17 which provides for the establishment of a schedule of fines, fees, and/or penalties for violation of all penal ordinances of the Code of Ordinances. 2. In addition, Ordinance No. 2002-0-17 provides for additional court costs for law enforcement education. 3. The schedule of fines, fees, and/or penalties along with the additional court costs for law enforcement education shall be established by resolution of the City Council. 3. With a November 4,2002 effective date of Ordinance No. 2002-0-17, it is necessary for the Council to adopt the applicable schedule of fines, fees and/or penalties along with the additional court costs for education. NOW, THEREFORE, be it resolved by the City Council ofthe City of Edge water, Florida: Section 1. Establishing Schedule of Fees , Fines and/or Penalties pursuant to Section 1-8 of Chapter 1 (General Provisions), Part II (Code of Ordinances) 2002-R-28 1 Pursuant to Part II (Code of Ordinances), Chapter 1 (General Provisions), Section 1-8 (General Penalty; Continuing Violations), the schedule of fees, fines and penalties set forth in Exhibit "A", attached hereto and incorporated by reference, is hereby established. Section 2. Establishing Additional Court Cost for Law Enforcement Education Pursuant to Section 1-9 of Chapter 1 (General Provisions), Part II (Code of Ordinances) Pursuant to Part II (Code of Ordinances), Chapter 1 (General Provisions), Section 1-9 (Additional Court Cost for Law Enforcement Education) and authority of City Council contained in Ordinance No. 2002-0-17, the following cost is hereby established: Pursuant to Section 318.18(1l)(b) and Section 938.15, Florida Statutes, the City of Edgewater hereby assesses an additional two dollars ($2.00), as court costs against every person convicted for violation of state penal or criminal statute or state traffic law or convicted of a municipal or county ordinance or who admits to the commission of a traffic infraction, where said offense occurred within the City of Edgewater. In addition, two dollars ($2.00) shall be deducted from every bond estreature or forfeited bail bond related to such penal statutes or ordinances. Section 3. All resolutions or parts of resolutions in conflict herewith be and same are hereby repealed. Section 3. This resolution shall take effect upon adoption. 2002-R-28 2 - \ o o o " u o '-> After Motion by and Second 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 2002-R-28 AYE day of November, 2002. NAY CITY COUNCIL OF THE CITY OF EDGEW ATER, FLORIDA By: Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant Approved by the City Council of the City of Edgewater at a meeting held on this day of , 2002 under Agenda Item No. 3 EXHIBIT" A" CITY OF EDGEWATER POLICE DEPARTMENT SCHEDULE OF FINES, FEES, COSTS AND/OR PENAL TIES The amounts shown in this Schedule include additional costs pursuant to Chapter 938, Florida Statutes ($3.00 Teen Court) · If there is a conflict between the amount established by this and the amount shown on the Notice fo Appear, the lesser amount shall control. · The fine for any City Code or Ordinance violation not specifically listed shall be in an amount of$108.00. · Add to all fines, fees, costs and/or penalties as shown, the following: Add additional $15.00 to the amount shown ifpaid late, but before a capias issues. Add additional $25.00 to the amount shown ifpaid after a capias issues. Add additional $80.50 to the amount shown ifpaid after a capias is served. Edgewater I I Fines and Code Description of Offense Costs Chapter 4 Alcoholic Beverages 4-2 Unlawful sale of alcoholic beverages $108 4-4 Improper conduct upon licensed premiseslDisorderly conduct $108 4-5 Hours of sale, alcoholic beverages $153 4-10 Consumption in public places $53 4-11(a) Possession of open containers in a public place $108 4-11 (b) Possession of open containers in vehicle $108 Chapter 5 Animals and Fowl Category I Offenses: First Offense $253 Second or subsequent Mand Court offense 5-4 Interfering with Animal Control Officer 5-18 Poisoning or Trapping of Animals 2002-R-28 4 .. o o o t { i v o Q 5-19 Cruelty to Animals 5-60 Dangerous Dogs Category II Offenses: First Offense $53 Second Offense $108 Third of subsequent Mand Court offense ** Unprovoked biting, attacking or Mand Court wounding of a domestic Mand Court animal ** Destruction or loss of property 5-7 City designated as bird sanctuary 5-8 Animals prohibited 5-9 Keeping bees prohibited 5-10 Feeding of wildlife prohibited 5-11 Wildlife hybrids prohibited 5-12 Animals defecating on public or private property prohibited 5-13 Animals prohibited in parks and on beaches 5-14 Running at large prohibited 5-15 Animal under restraint 5-16 Restraint of guards dogs 5-17 Public nuisances animals prohibited** 5-20 Female animals in heat 5-20.1 Attempting to breed 5-21 Disposition of dead animals 5-22 Animals transported in vehicles 5-23 Duties of driver when vehicles strikes animal 5-24 Dogs and cats transported or offered for sale or gift 5-30 Vaccinations of dogs and cats 5-31 License required 2002-R-28 5 5-33 License tag and rabies tag to be attached to collar or harness of animal 5-36 Breeding and kennels 5-50 Animals infected with rabies; reporting requirements 5-52 Surrender of animal for quarantine or destruction 5-53 Killing or removal of rabid animal 5-54 Surrender of carcass of rabid animal Chapter 6 Boats, Docks and Waterways 6-2 Mooring to bulkhead or leaving sunken vessel at park, pier and recreation area 6-3 Florida Shores - Watercraft motors prohibited 6-4 Storing or leaving watercraft prohibited $56 6-5 Docks, etc., prohibited 6-6 Swimming or wading in lake or shell pit Non-Moving Boating Citations 6-10 Operation of registered vessels (unregistered/unnumbered) $56 (9328.46) 6-11 Vessel registration, application, certificate, number, decal, $56 duplicate certificate (display of number & possession of registration; display of decal; display of number) (9328.48) 6-12 Special manufacturers' and dealers numbers (display of $56 number) (9328.52) 6-13 Federal numbering system (spacing of digits & letters of $56 identification number) (9328.54) 6-14 Military personnel; registration; penalties (9328.60) $56 6-15 Classification; registration; fees and charges; surcharge; $56 disposition of fees; marine turtle stickers (operating vessel with expired registration) (9328.72) Moving Boating Violations 6-20 Manatee Zones (9370.12(2)) $63 2002-R-28 6 , ! , o o o ~ : u o '-> 6-21 Regulation of vessels by municipalities or counties (restricted $63 areas and speed limits)(,9'327.22) 6-22 Reckless or careless operation of vessel (careless operation & $63 navigation rules)(,9'327.33) 6-23 Water skis, parasails, and aquaplanes regulated (,9'327.37) $63 6-24 Personal watercraft regulated (,9'327.29) $63 6-25 Boating safety identification cards (,9'327.395) $63 6-26 Interference with navigation (327.44) $63 6-27 Restricted areas (restricted areas & speed limits) (,9'327.46) $63 6-28 Regattas, races, marine parades, tournaments, or exhibitions $63 (,9'327.48) 6-29 Vessel safety regulations; equipment and lighting requirements $63 (,9'327.50) 6-30 Maximum loading and horsepower (overloaded or $63 overpowered) (,9'327.52) 6-31 Marine sanitation (,9'327.53) $63 . 6-32 Local regulations; limitations (restricted areas & speed limits) $63 (,9'327.60) 6-33 Muffling devices (,9'327.65) $63 Chapter 10 Health and Sanitation 10-8 Abandoned airtight containers $108 10-32 Noises prohibited $53 1 0-41 Littering $53 Chapter 11 Occupational Licenses, Taxes and Regulations 11-2 Doing business without occupational license $108 11-27 Second Hand Dealers, records required $253 11-63 Peddlers/solicitors/itinerant merchants, permit required $153 11-68 Sale by use of vehicle/noise in right-of-way $153 Chapter 12 Offenses and Miscellaneous Provisions 2002-R-28 7 12-2 Sexual conduct/exposure in alcoholic beverage establishment $253 12-4 Discharging firearm/air rifle $108 12- 77 Exposure of breasts in public place $108 Chapter 12.5 Parks and Recreations 12.5-1 Activities prohibited in parks; enforcement $53 Chapter 15 Streets and Sidewalks 15-2 Obstructing street or sidewalk $108 Chapter 19 Utilities and Services 19-74 Molesting contents of recycling container $53 Chapter 19.5 Vehicles for Hire 19.5-28 Taxi, driver permit required $108 19.5-39 Taxi, display of driver permit required $108 19.5-42 Taxi, certificate of public conveyance required $253 2002-R-28 8 " o o o 1 ) u Q o (,6-- AGENDA REQUEST Date: October 22. 2002 PUBLIC HEARING BOARD APPOINTMENT RESOLUTION CONSENT ORDINANCE X OTHER BUSINESS ITEM DESCRIPTION: Ordinance 2002-0-19 replacing Resolution 96-R-03 relating to the fee charged for lien inquiries and reports. BACKGROUND: Resolution 96-R-03 established the fee that was charged for lien inquiries and reports performed by the Finance Department. Since the Finance Department annually processes over one thousand assessment verification requests, staff recommends increasing the current fee of$15.00 to $25.00. A comparison with the other municipalities in the surrounding areas showed that this increase in fees would still be in the range that other municipalities charge for this type of service. Ordinance 2002- 0-19 establishes a policy in the City's Code of Ordinances. At the second reading of this ordinance, a resolution will be presented establishing the $25.00 fee. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 2002-0-19 to establish an ordinance related to increasing the amount charged for lien research requests. ACTION REQUESTED: Motion to approve Ordinance 2002-0-19. FINANCIAL IMP ACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, ~~~~~ Michele L. Goins, CPA Finance Director Concurrence: CS\~~(Y) ~.AJ.r J< Robin L. M tusick \ \ Paralegal Kenneth R. Hooper City Manager \ ORDINANCE NO. 2002-0-19 ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEW ATER, FLORIDA; AMENDING SECTION 10-97 (LIEN AGAINST PROPERTY), ARTICLE V (WEEDS, GRASS, AND BRUSH; STANDARDS FOR PROPERTY MAINTENANCE) OF CHAPTER 10 (HEALTH AND SANITATION) TO INCLUDE (d) FEE FOR LIEN INQUIRY REPORT; OF THE CODE OF ORDINANCES, CITY OF EDGEW ATER, FLORIDA; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND FOR ADOPTION. o WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. The City of Edgewater annually processes more than one (1) thousand lien and assessment verification requests/inquiries; and 2. Each verification requires a certification by the Finance Department as to the existence of City imposed fines, liens or assessments, which certification is transmitted by the o Finance Department to the requestor; and 3. The City is authorized to impose by user charges or fees authorized by ordinance for the verification process pursuant to Section 166.201, Florida Statutes (2000); and 4. The City feels it is in the best interest of the Citizens of the City of Edgewater to amend Chapter 10 (Health and Sanitation), Article V (Weeds, Grass, and Brush; Standards for Property Maintenance), Section 10-97 (Lien against property) to include paragraph (d) Feefor Lien Inquiry/Report as more particularly set forth hereinafter. NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater, Florida: PART A. AMEND CHAPTER 10 (HEALTH AND SANITATION), ARTICLE V (WEEDS, GRASS, AND BRUSH; STANDARDS FOR PROPERTY MAINTENANCE), SECTION 10-97 (LIEN AGAINST PROPERTY) OF Stltlck thlougl. passages are deleted. Underlined passages are added. o 2002-0-19 1 ;/ ) u Q Q THE CODE OF ORDINANCES, CITY OF EDGEW A TER, FLORIDA. Section 10-97 of Chapter 10 is hereby amended to read as follows: Sec. 10-97. Lien against property. (a) Notice prior to assessment. Prior to the recording ofliens, the code enforcement officer shall provide each property owner with written notice by regular mail of the cost of clearing the property plus the administrative costs. The notice shall require payment within thirty (30) days of the date of notice and shall state that it shall constitute a lien against such property if payment is not received within thirty (30) days. (b) Lien established. If payment for the costs and expenses is not received within the thirty day period, an assessment against property upon which remedial action has been taken by the city pursuant to this article is hereby authorized. Such assessment shall include the unpaid balance ofthe actual cost to the city of clearing the property plus administrative costs or the administrative costs alone ifthe owner took remedial action after the time allowed. The assessment shall also include interest at the rate of twelve (12) per cent per annum from the due date. Notice of such assessment shall be recorded in the public records ofthe county and shall constitute a lien against the property until paid. Such lien shall be superior and paramount to the interest in such lands of any owner, lessee, tenant, mortgagee or other person, except the lien of state, county or municipal taxes, and shall be on parity with lien of such state, county and municipal taxes. If any such cost, expense or charge is not paid as and when due and is in default for thirty (30) days or more, the unpaid balance thereof and all interest accrued thereon, together with attorney's fees and costs, may be recovered and such liens may be foreclosed by the city in the manner provided by the laws of the state for foreclosures of mortgages on real property. (c) Satisfaction. Upon payment to the city of the total amount of the lien plus the interest accrued thereon, a satisfaction of such lien shall be filed in the public records of the county. @ Fee for Lien Inquiry/Report. A fee shall be charged per parcel of property for searching the city's official records and producing a City Lien InquirylReport. Said fee shall be established and modified from time to time as needed by resolution of the City Council. Said report shall contain all code enforcement special assessment and any and all other city liens on the property that are reasonablv ascertainable by search of the city's official records. The form ofthe report shall be in the manner prescribed by the city manager or his/her designee. A copy of the report shall be filed with the Finance Department. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, StltlGk tiuongh passages are deleted. Underlined passages are added. 2002-0-19 2 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. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART F. ADOPTION. After Motion by and Second by the vote on the first reading of this ordinance held on November 4,2002, was as follows: AYE NAY Mayor Donald A. Schmidt Councilman James P. Brown Councilman Myron F. Hammond Councilwoman Harriet E. Rhodes Councilwoman Judy Lichter StItlGk tluotlgh passages are deleted. Underlined passages are added. 2002-0-19 3 . -. t o o o :' ) u u o 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 StltlGk tlllongh passages are deleted. Underlined passages are added. 2002-0-19 AYE NAY day of November, 2002. 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 2002 under Agenda Item No. 4 -' I o \.) u ~.t-\. AGENDA REQUEST Date: October 24. 2002 PUBUC HEARING RESOLUTION X ORDINANCE BOARD APPOINTMENT OTHER BUSINESS CONSENT ITEM DESCRIPTION: FDOT Highway Maintenance Agreement BACKGROUND: . The City of Edge water and FOOT (Florida Department of Transportation) have had a Memorandum of Agreement for highway maintenance for the past several years. The current agreement expires this November and FOOT has forwarded a new agreement to the City for consideration of continuing the maintenance of the State Highways within our city. FOOT will compensate the City of Edge water a sum of$16,604.24 per year for the cost of maintenance. STAFF RECOMMENDATION: Staff recommends that the City of Edge water enter into the Memorandum of Agreement for highway maintenance with FOOT. ACTION REQUESTED: Motion by City Council to approve Resolution 2002-R-29, entering into the Memorandum of Agreement with FDOT and authorizing the Mayor to execute the document. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, ~ I ck Corder Department Director Kenneth R Hooper City Manager ~ o ....... t o o u o u RESOLUTION NO. 2002-R-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF EDGEWATER AND THE FLORIDA DEP ARTMENT OF TRANSPORTATION (FDOT) FOR THE MAINTENANCE OF STATE ROAD RIGHT-OF-WAYS BY THE CITY; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater, Florida has evidenced the desire to continue ongoing maintenance services relating to State Road right-of-ways with the Florida Department of Transportation (DOT). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. The City Council hereby authorizes the Mayor to execute the Highway Maintenance Memorandum of Agreement (Contract # AM912) between the City of Edgewater and the Florida Department of Transportation. Section 2. A copy of said Agreement is attached hereto and incorporated herein. Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 4. This resolution shall take effect upon adoption. 1 2002-R-29 Section 5. After a motion by and Second 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 Judith 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 2002-R-29 AYE NAY day of November, 2002. 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 , 2002 under Agenda Item No. 2 ~ o o o ~, ';"_~ ,7,_ . , u Q Q Florida Department of Transportation JEB BUSH GOVERNOR 1650 North Kepler Road, DeLand. Florida 32724 Phone (386) 740-3400 Fax (386) 736-5292 THOMAS F. BARRY, JR. SECRETARY Mr. Jack Corder Director City of Edgewater P. O. Box 100 Edgewater, Florida 32132 Re: Memorandum of Agreement' Contract No. AM912 State Job No. 244621-1:'72-04 Volusia County Dear Mr. Corder: October 18, 2002 . Attached are six(6) original Memorandum of Agreement documents that are ready for signatures. Please execute all copies and return them with six (6) copies of your City Commission Resolution, which will become Exhibit "A" to our contract. Please leave the dates on the Agreement blank, and be reminded that the Resolution must be signed and dated prior to the Memorandum of Agreement being signed. After the Agreement is executed and dated by the Department, an original copy will be forwarded to you. Soon after that, the Department will contact you to arrange a Pre-Work meeting and issue the Notice to Proceed. As you are aware, the current Memorandum of Agreement with your city will expire on November 4,2002. Please return the signed documents to our office by October 29,2002. cc: File MEH/ www.dot.state.fl.us <!) RECYCLED PAPER . Revised July, 2002 . THE CITY OF EDGEW A TER AND THE FLORIDA DEPARTMENT OF TRANSPORTATION o HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT Contract No.: AM912 THIS Agreement, entered into this _ day of , 2002 by and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEP AR TMENT and the CITY OF EDGEW A TER, State of Florida, existing under the Laws of Florida, hereinafter called the CITY. WITNESSETH WHEREAS, as a part of the continual updating of the State of Florida Highway System, the DEPARTMENT, for the purpose of safety, has created roadway, roadside areas and median strips on that part of the State Highway System within the limits of the CITY or adjacent 0 to; and WHEREAS, the CITY hereto is of the opinion that said roadway, roadside areas and median strips shall be attractively maintained; WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the CITY, by Resolution dated the _ day of ,20_, attached hereto as Exhibit "A", which by reference hereto shall become a part hereof, desires to enter into this Agreement and authorizes its officers to do so. NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: o CITY OF EDGEWATER FIN NO.:244621-1-72-04 CONTRACT NO.: AM912 Revised July, 2002 u 1. The CITY shall be responsible for routine maintenance of all shoulders, landscaped and/or turfed areas within DEPARTMENT rights-of-way having limits described by Exhibit "B", or subsequent amended limits mutually agreed to in writing by both parties. For the purpose of this Agreement, the maintenance to be provided by the CITY is defined in Exhibit "C", or as defined by subsequent amended definitions agreed in writing by both parties. 2. The CITY shall be responsible for clean up, removal and disposal of all debris from the DEPARTMENT'S rights-of-way (described by Exhibit"B", or subsequent amended limits mutually agreed in writing by both parties) following a natural disaster (i.e. hurricane, tornadoes, etc.) or from other normal occurrences such as vehicle accidents and spills. However, the DEPARTMENT shall not deduct from the payment to the CITY, costs for impairment of performance of any activity or part thereof defined in Exhibit "C", as a result of such event and the redirection of CITY forces towards fulfillment of the CITY'S responsibility under this article. 3. To the extent permitted by Florida law the CITY agrees that it will indemnify and hold o harmless the DEPARTMENT and all of the DEPARTMENT'S officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the CITY during the performance of this Agreement, whether direct or indirect, and whether to any person or property to which the DEPARTMENT or said parties may be subject, except that neither the CITY nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of the DEPARTMENT or any of its officers, agents, or employees. The Forgoing Provision is not intended to give rise to Rights in any third party to recover damages from the CITY, nor is it intention to constitute a waiver of sovereign immunity. 4. If, at any time while the terms of this Agreement are in effect, it shall come to the attention of the DEPARTMENT'S District Director of Operations, District 5, that the CITY'S responsibility as established herein or a part thereof is not being properly accomplished pursuant to the terms of this Agreement, said District Director of Operations, District 5, may, at his option, issue a written notice in care of the Public Works Director to place said CITY on notice o thereof. Thereafter the CITY shall have a period of (30) thirty calendar days within which to 2 CITY OF EDGEWATER FIN NO.:24462I-I-72-04 CONTRACT NO.: AM9I2 Revised July, 2002 correct the cited deficiency or deficiencies. If said deficiency or deficiencies are not corrected within this time period the DEPARTMENT may at its option, proceed as follows: 0 (A) Maintain the roadway shoulders, median strip or roadside area declared deficient with the DEPARTMENT or a Contractor's material, equipment and personnel. The actual cost for such work will be deducted from payment to the CITY or (B) Terminate this Agreement in accordance with Paragraph 11 of this Agreement. 5. It is understood between the parties hereto that the work covered by this Agreement may be adjusted at any time in the future upon written agreement signed by both parties as found necessary by the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise changed and maintained to meet with future criteria or planning of the DEPARTMENT. 6. The Department agrees to pay to the CITY, following a Notice to Proceed, compensation for the cost of maintenance as described under Item 1 of this Agreement. The 0 payment will be in the amount of $4151.56 per quarter or a total sum of $16,604.24 per year. In the event this Agreement is terminated as established by Paragraph 11 herein, payment shall be prorated to the date termination occurs. Detailed quarterly invoices, as provided further herein shall be sent to the Maintenance Contract Engineer of the Department at 1650 NORTH KEPLER ROAD, DELAND, FLORIDA 32724. Delivery shall be effective upon receipt of a proper quarterly invoice and any required, associated documents. 7. Payment shall be made only after receipt of goods and services as provided in Section 215.422, Florida Statutes. (A) Any penalty for delay in payment shall be in accordance with Section 215.422(3 )(b), Florida Statutes. Section 215 .422( 5), Florida Statutes provides that all purchasing agreements between a state agency and a vendor, applicable to this section, shall include a statement of the vendor's rights and the state's responsibilities under this section. . The vendor's rights shall include being provided with the name and telephone number of the Vendor Ombudsman within the Department of Banking and Finance. 0 " .) CITY OF EDGEWATER FIN NO.:24462 1-1-72-04 CONTRACT NO.: AM912 Revised July, 2002 U (B) The CITY should be aware of the following time frames. Upon receipt, the Department has seven (7) working days to inspect and approve the goods and services, as allowed by said statute. The Department has 20 days to deliver a request for payment (voucher to the Department of Finance). The 20 days are measured from the latter of the date a proper invoice is received at the location stated herein or the goods or services are received, inspected and approved, whichever occurs later. (C) If payment is not available within 40 days, interest at the rate set by Section 55.03 of the Florida Statute, will be due and payable, in addition to the invoice amount, to the CITY. Interest penalties ofless than one ($1.00) dollar will not be enforced unless the CITY requests payment. The invoices, which have to be returned to the CITY because of CITY preparation errors, will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. o (D) A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptrollers Hotline, 1-800-848-3792. 8. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof, and that bills for travel expenses specifically authorized by this Agreement shall be submitted and paid in accordance with the rates specified in Section 112.061, Florida Statutes. o 9. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the CITY'S general accounting records, together with supporting documents and records, of the CITY and all subcontractors performing work, and all other records of the CITY and subcontractors considered necessary by the Department for a proper audit of costs. 4 CITY OF EDGEWATER FIN NO.:244621-1-72-04 CONTRACT NO.: AM912 Revised July, 2002 10. The CITY shall allow public access to all documents, papers, letters, or other material 0 subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CITY in . conjunction with this Agreement. Failure by the CITY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. II. This Agreement or any part thereof is subject to termination under anyone of the following conditions: (A) In the event the DEPARTMENT exercises the option identified by Paragraph 4 of this Agreement. (B) In the event the Legislature fails to make an annual appropriation to pay for the CITY'S services to be performed hereunder. 12. The term of this Agreement commences on the date a written Notice to Proceed is issued to the CITY by the Department's District Maintenance Engineer, District 5, and shall continue for a period of one year from the date of issue of said Notice to Proceed. 0 This Agreement has a renewal option. Renewals shall be on an annual basis not to exceed two yearly renewal periods, or if the original term is greater than one year for no longer than one additional term, subject to the same prices and associated quantities as well as all other terms and conditions set forth in this Agreement, except that the price to be paid for the renewal periods may be increased by up to (3) p~rcent at the discretion of the DEPARTMENT. Renewals shall be made at the discretion and option of the Department and agreed to in writing by both parties; i.e., the Authorized Signatory for the CITY, and the District Director of Operations, District 5, for the DEPARTMENT. Renewals shall be contingent upon satisfactory performance evaluations by the DEPARTMENT and subject to the availability of funds. The term of this Agreement may be extended for a period not to exceed six (6) months, upon written Agreement by both parties and subject to the same terms and conditions as applicable for renewal of this Agreement. o 5 CITY OF EDGEWATER FIN NO.:244621-1-72-04 CONTRACT NO.: AM912 () Q o Revised July, 2002 13. In the event this Agreement extends beyond the DEPARTMENT'S current Fiscal Year that begins on July 1 of each year and ends on June 30 of each succeeding year, the CITY and the DEPARTMENT mutually agree that the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. In addition, Section 339.135(6)(a) of the Florida Statutes is incorporated by reference, and set forth herein below as follows: F.S. "339.135(6)(a)" - The DEPARTMENT, during any Fiscal Year, shall not expend money, incur any liability, or enter into any Contract which, by its . terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such Fiscal Year. Any Contract, verbal or written, made in violation of this subsection shall be null and void, and no money shall be paid thereon. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such Contract or other binding commitment of funds. Nothing herein contained shall prevent the making of Contracts for a period exceeding one (1) year, but any Contract so made shall be executory only for the succeeding fiscal years; and this paragraph shall be incorporated verbatim in all Contracts of the DEPARTMENT in excess of$25,000 and having a term for a period of more than one (1) year. . 14. All work done on the DEPARTMENT rights-of-way shall be accomplished in accordance with the Department of Transportation Manual on Uniform Traffic Control Devices and The Department of Transportation ROADWAY AND TRAFFIC DESIGN STANDARDS, Index 600, current edition. 15. This writing embodies the entire agreement and under-standing between the parties hereto and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 16. This Agreement is nontransferable and nonassignable in whole or in part without consent of the DEPARTMENT. 17. This Agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. 6 CITY OF EDGEWATER FIN NO.:244621-1-72-04 CONTRACT NO.: AM912 Revised July, 2002 18. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or 0 services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. o o 7 CITY OF EDGEWATER FIN NO.:244621-1-72-04 CONTRACT NO.: AM912 u <.) u Revised July, 2002 EXHIBIT "A" RESOLUTION 8 CITY OF EDGEWATER FIN NO.:244621-1-72-04 CONTRACT NO.: AM912 Revised July, 2002 EXHIBIT "B" o THE ROADWAYS INCLUDED IN THIS AGREEMENT ARE: SECTION S.R. LOCATION DESCRIPTION LENGTH 79010 SR 5 (US 1) - from South City Limits to 10th Street, MP 11.967-16.655 79210 SR 442 - from Pinedale Drive to SR 5 (US 1) MP 2.563 to MP 3.972 INCLUDES ALL PROPERTIES WITHIN THE LIMITS OF THIS CONTRACT. Work Annual 0 Activity Description Work Load Units Unit Price Price 471 Large Machine Mowing 179 AC $16.09 $2,880.11 482 Slope Mowing 3 AC $115.82 $347.46 484 Inter. Machine Mowing 29 AC $60.37 $1,750.73 492 Tree Trimming 47 MH $41.83 $1,966.01 541 Litter Removal 539 AC $8.19 $4,414.41 545 Edging & Sweeping 17 MI $308.56 $5,245.52 Total $16,604.24 o 9 CITY OF EDGEWATER FIN NO.:24462 1-1-72-04 CONTRACT NO.: AM912 u Q u Revised July, 2002 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed. the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CITY OF EDGEWATER (AGENCY) By: By: District Director of Operations District Five Attest: (SEAL) Attest: Executive Secretary (SEAL) APPROVED AS TO FORM AND LEGALITY APPROVED AS TO FORM AND LEGALITY Legal Approval District Counsel 10 CITY OF EDGEWATER FIN NO.:244621-1-72-04 CONTRACT NO.: AM912 4 oj u o u (,.'I. AGENDA REQUEST Date: October 24. 2002 PUBLIC HEARING RESOLUTION x ORDINANCE BOARD APPOINTMENT OTHER BUSINESS CONSENT ITEM DESCRIPTION: Resolution No. 2002-R-30, opposing Volusia County's proposal to delete the extension of the Beltline from its 5-year work program, That Volusia County undertake a corridor study of the east Volusia Beltline from its present terminus to State Road #442 and the impacts of the planned interchange at 1-95 and Pioneer Trail. BACKGROUND: The Volusia County Council has dropped the extension of Williamson Boulevard between where it ends now and where it should end in Edgewater from its five year work program. It appears that it will be left up to Edgewater, Port Orange and New Smyrna Beach to convene a working group to guarantee the road is properly planned, located, and performs the function of interconnecting our communities. The City of Edgewater hereby requests that V olusia County not delete the extension of the Beltline from its 5-year work program, that V olusia County undertake a corridor study of the east V olusia Beltline from its present terminus to State Road #442 and the impacts of the planned interchange at 1-95 and Pioneer Trail. Edgewater will pledge to contribute $10,000 towards the cost of the corridor study. The City Commission of New Smyrna Beach passed a similar Resolution on September 8,2002. STAFF'RECOMMENDA TION: StafIrecommends approval of Resolution No. 2002-R-30. ACTION REOUffiED Motion to approve Resolution No. 2002-R-30. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SpecifY if budget amendment is required) PREVIOUS AGENDA ITEM: YES NO X Date: AGENDA ITEM NO. Susan 1 adsworth,CMC City Clerk .~~ \( \\~~ '\".~ ':- Kenneth R. Hooper \ ~ - City Manager " ~ RESOLUTION NO. 2002-R-30 o A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REQUESTING THAT VOLUSIA COUNTY NOT DELETE THE BEL TLINE EXTENSION FROM THE COUNTY'S 5- YEAR ROAD WORK PROGRAM, THAT VOLUSIA COUNTY UNDERTAKE A CORRIDOR STUDY OF THE EAST VOL USIA BEL TLINE FROM ITS PRESENT TERMINUS TO STATE ROAD #442, AND THAT THE CORRIDOR STUDY REVIEW THE IMP ACTS OF THE PLANNED INTERCHANGE AT 1-95 AND PIONEER TRAIL; PROVIDING THAT THE CITY OF EDGEW ATER PLEDGES TO CONTRIBUTE $10,000 TOWARD THE COST OF THE STUDY; PROVIDING FOR TRANSMITTING A COPY OF THIS RESOLUTION TO THE VOL USIA COUNTY COUNCIL; PROVIDING FOR CONFLICTING RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Edgewater opposes Volusia County's proposal to delete the extension of the Beltline from its 5-year work program; and . WHEREAS, the City of Edgewater wishes the County to undertake a corridor study for the o East Volusia Beltline from its present terminus to State Road #442 and the impacts of the planned interchange at 1-95 and Pioneer Trail; and WHEREAS, the City of Edgewater pledges to contribute $10,000 toward the cost of the study. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. Road Improvements. That the City Council hereby requests that V olusia County not delete the Beltline extension from the County's 5-year work program. That the City of Edgewater requests that V olusia County undertake a corridor study for the East V olusia Beltline from its present terminus to State Road #442. The corridor study should include a review of 1 o 2002-R-30 :'f i '-.) o u improvements to Pioneer Trail between 1-95 and State Road #415 and a review of the impacts of the planned interchange at 1-95 and Pioneer Trail. Section 2. Contributions. That the City of Edgewater pledges to contribute $10,000 toward the cost of the study. Section 3. Transmittal. That the City Clerk is hereby directed to send by U.S. Mail a copy of this resolution to the Volusia County Council. Section 4. Conflicting Resolutions. That all resolutions or parts thereof that are in conflict herewith be and same are hereby rescinded or repealed. Section 5. adoption. Section 6. Effective date. That this resolution shall become effect immediately upon Adoption. After a motion by , the vote on this resolution was as follows: and Second by AYE NAY Mayor Donald A. Schmidt Councilman James P. Brown Councilman Myron F. Hammond Councilwoman Harriet E. Rhodes Councilwoman Judith Lichter 2 2002-R-30 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 2002-R-30 day of November, 2002. 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 , 2002 under Agenda Item No. 3 t_ ~ o o o :r City of New 6myrna Beach Office of the City Mana8er October 11,2002 ~~c Ot'j' ~~ C}~. 76' ~'^ ,y% ~ V ~-? ~ t9r Mr. Ken Hooper, City Manager City of Edgewater Post Office Box 100 Edgewater, Florida 32132-0100 Re: Williams Boulevard By-Pass Dear Mr. Hooper: (.) Attached is a copy of a resolution that was approved by the City Commission on Tuesday, October 8, 2002. Please review the document and if you want any changes made just let me know and we can amend it. Should you have any questions or comments, please feel free to contact me at your convenience. Sincerely, JNl/~t fi-t:wJ~,-J&'U) ;,11 9 1 ~ . l' Frank Roberts, City Manager cc: Ken Parker, City Manager City of Port Orange. ,*-f- \0 < ~~o\'Il fJ ~~~~ ~~~. o 210 &lIDS ^venue · New ~myma Beach. Florida 321~9985 . 904-424-2107 . FAA 904-424-2109 @ PRINTED ON RECYClED PAPER '. REceIVED JUL 0 3 2001' S;l.r7mmager , 'CITY OF PORT ORANcrJ 1000 CITY CENTER CIRCLE PORT ORANGE, FLORIDA 32119 July 2, 2002 TELEPHONE 386-756-5200 FAX 386-756-5290 Mr. Frank Roberts City Manager City of New Smyrna Beach 210 Sams Avenue New Smyrna Beach, FL 32168-9985 Mr, Ken Hooper City Manager City of Edgewater P. O. Box 100 Edgewater, FL32132-0100 Dear Frank and Ken: I would like to suggest that we jointly convene a meeting of our planners and invite County Planners and Public Works to attend. The purpose of this work group is to plan 0 for the extension of Williamson Boulevard between where it ends now to where it should end in Edgewater., It appears;thatitwiil be left'lip to the cities to convene a working group, since the County 'Council has dropped the road from its five year program. We need to guarantee the road is properly planned, located, and performs the function of interconnecting the communities along the east coast. Although it may not be a belt line, a major north-south arterial and collector road is needed and will serve the same function. I think under the functional classification system, it would still qualify as a County road and could function in the same way as the former beltway was supposed to function. Port Orange will be happy to coordinate the meeting of Planners and Public Works. I think it is essential to involve the landowners in, the pr6c~ss, too. The location of the road is too important to all of us. " Kwp/rlg Lw.1lu Kenneth W. Parker City Manager' Cc: Warren'Pike, PubllcWorks,Di.r.ectbr...... '. , Donna' Steinebach, C6inm(initYO~velopnielit Director : . ".", . :,. .,' ........ : ~.~..~...Ij..~.. .,'. ....~>'.. '_,. ',i, :.. .". ..;. " , ,~. ~:~~. o .-, "~ ." ~.- , ~.. .' ;':!~ . .1, t "Growing In Beauty and Opportunity" . "' u '-> o q,(\, AGENDA REQUEST Date: 10/29/02 PUBLIC HEARING REsoumON ORDINANCE BOARD APPOINTMENT OTHER BUSINESS CONSENT xx ITEM DESCRIPTION: Request to approve the Continuing Professional Engineering Services Contract for Quentin L. Hampton (QLH) BACKGROUND: At the regular Council Meeting of 10/7/02, the Edgewater City Council authorized staff to negotiate contracts with five (5) professional engineering finns. Quentin L. Hampton Associates, Inc. was one of these firms and successful contract negotiations have been completed. STAFF RECOMMENDATION: Staff recommends approval of the contract between the City of Edgewater and Quentin L. Hampton (QLH) for the perfonnance of Continuing Professional Engineering Services by QLH. ACTION REOUESTED: A motion by Council to approve the contract with Quentin L. Hampton (QLH) to perfonn Continuing Professional Engineering Services for the City of Edgewater, and for the Mayor/City Manager to execute the contract on behalf of the City. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES . NO DATE: AGENDA ITEM NO. Respectfully submitted, 'l~~,w~ f3\--:hr--. O~Tf -' ~:r----", Robin Matu~ick, Paralegal - ~ ~~\~ "', 1 City Manager Department Director C:\MyDociments\TerrysFlIes\AgendaRequest . CONTINUING SERVICES AGREEMENT o This Agreement is made and entered into this day of , 2002, by and between the CITY OF EDGEW A TER, FLORIDA, a municipal corporation (hereinafter referred to as "CITY"), 104 North Riverside Drive, P. O. Box 100, Edgewater, Florida 32132-0100 and QUENTIN L. HAMPTON ASSOCIATES, INC., (hereinafter referred to as "Consultant"), P. O. Drawer 290247, Port Orange, Florida 32128-0274. PREMISES WHEREAS, the City wishes to employ engineering firms to assist the City relating to various public works and utility programs, and, WHEREAS, the City desires to employ the Consultant in connection therewith upon terms and conditions hereinafter set forth, and the Consultant is desirous of obtaining such employment and has represented that it is qualified and competent to perform such services, and, WHEREAS, the City has given has given notice of the services to be rendered pursuant to this Agreement, as described in Request for Proposal #02-0GS-0 1 which are incorporated herein by reference, and WHEREAS, this Agreement shall constitute a "continuing contract" as defined under the laws of the State of Florida. o NOW, THEREFORE, in consideration ofthe premises and mutual covenants hereinafter set forth, City and Consultant agree as follows: 1. SCOPE OF PROFESSIONAL SERVICES The Consultant agrees that it shall diligently and timely perform professional services as requested by the City. Consultant understands that the City may request these professional services on an as-needed basis and that the requested services may require design, planning studies, permitting, construction management, project inspection, financing analysis, and other similar services related to various public works, park facilities and utility programs and projects to include, but not be limited to: park planning and design, water, wastewater, reclaimed water, stormwater treatment facilities, architectural services, surveying and development review and inspection. The Scope of Services are defined in "RFP 02-0GS-0 1 " which are incorporated herein by reference. Upon request for professional services by the City for a specific project, the Consultant shall provide the City with a Scope of Work and detailed itemization of costs and time required to perform those tasks as outlined in the Scope. Upon approval by the City, the Scope of Work, costs and time relating to the Project will be (Agreement/QuentinHampton- 2002) 1 o ~ u Q o specifically set out and incorporated into a Work Order, and/or purchase order to be issued under and become a part of this Contract. This Contract standing alone does not authorize the performance of any Work or require the City to place any orders for Work. The City reserves the right to contract with other parties for professional services within the scope of this Contract when it is determined to be in the best interests of the City to do so. The Consultant or his designee as approved by the City, agrees to perform the functions of his office in a competent and professional manner. The Consultant shall maintain an adequate and competent staff of professionals and may associate with other qualified firms for the purpose of rendering services hereunder, without cost to the City, and upon approval by the City. The Consultant, however, shall not sublet, assign, or transfer any work under this Contract without the written consent of the City. 2. TIME FOR COMPLETION The services to be rendered by the Consultant shall be commenced, upon receipt of the Notice to Proceed and Work Order to be issued hereunder, and shall be completed within the time specified therein. In the event the Consultant is unable to complete the services within the time specified because of delays resulting from untimely review and approval by the City, City shall grant a reasonable extension oftime for completion of Work upon timely written request for same which shall be given by Consultant to the City no later than 48 hours after such occurrence. In the event there are delays on the part of the City or regulatory agencies as to the approval of any of the plans, permits, and drafts of special provisions submitted by the Consultant which delay the project's scheduled completion.date, the City shall grant to the Consultant in writing an extension of the Contract time equal to the aforementioned delays. The City shall be solely responsible for determination of whether or any extension of the time for performance should be awarded to the Consultant. 3. AUTHORIZATION FOR SERVICES Authorization for performance of professional services by the Consultant shall be in the form of Work Orders issued by the City. Each Work Order shall describe the Project, the services required, and shall establish the method of payment and time frame. 4. COMPENSATION AND METHOD OF PAYMENT A. Upon satisfactory completion of the Work required under the appropriate Work Order issued hereunder or any Change Orders thereto, and, upon acceptance of the Work by the City, the Consultant may invoice the full final amount of compensation provided for under the terms of the Work Order less amounts already paid by the City. All invoices, whether partial or final billing, shall be accompanied by appropriate lien waivers or releases and certificates of work accomplished to date. ( Agreement/QuentinHampton-2002) 2 Upon approval of such payment request submitted by the Consultant, City agrees that 0 it will make its best efforts to pay the Consultant within thirty (30) days of receipt of such invoice. If construction management is involved, final payment to the Consultant shall be made by the City within sixty (60) calendar days of City's acceptance of the fully executed Certificate of Contract Completion for the Construction Contract. B. At the end of each month the Consultant may submit an invoice for services rendered during that month relating to the Project outlined in the appropriate Work Order. At no time shall the invoices exceed the total amounts negotiated for each task as outlined in the Scope of Services/Work Order regardless of actual hours worked toward completion of the authorized services. C. The City may perform, or cause to have performed, an audit of the records of the Consultant after final payment to support final payment under any Work Order issued hereunder. This audit shall be performed at a time mutually agreeable to the Consultant and the City subsequent to the close of the final fiscal period in which the last Work is performed. Total compensation to the Consultant may be determined subsequent to an audit as provided for in this Section, and the total compensation so determined shall be used to calculate final payment to the Consultant. Conduct of this audit shall not delay final payment as required by Paragraph A of this Section. D. In addition to the above, if federal, state or county funds are used for any Work under this Agreement, the Comptroller General of the United States or of the State of Florida or ofthe County of Vol usia, or any representatives, shall have access to any books, documents, papers, and records of the Consultant which are directly pertinent to Work performed under this Agreement for purposes of making audit, examination, excerpts and transcriptions. The stipulations contained in any federal, state or county grant pertaining to Consultant will be adhered to by the Consultant. Copies of such grants shall be furnished to Consultant. o E. The Consultant agrees to maintain all books, documents, papers, accounting records and other evidences pertaining to Work performed under this Agreement in such a manner as will readily conform to the terms of this Agreement and to make such materials available at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the contract for audit or inspection as previously provided. Accounting books or records must be maintained for each Work Order. Incomplete or incorrect entries in such books and records may be grounds for disallowance by the City of amounts due based upon such entries. F. In the event any audit or inspection conducted reveals any overpayment by the City under the terms of the Agreement, Consultant shall refund such overpayment to the City within thirty (30) days of notice by the City. (Agreement/QuentinHampton- 2002) 3 o u Q Q G. Reimbursable Expenses - The City shall reimburse the Consultant for the actual cost of facsimile transmissions, mileage, postage and telephone charges upon submission of appropriate documentation. H. Rates/Fees - City shall compensate Consultant for such services on an hourly rate basis as described in Exhibit "A". Additional services may be negotiated at a fixed price. The hourly rates set forth above may be renegotiated annually at the request of either party. Where the services of subconsultants are required to complete such Additional Services, the actual cost of such sub consultant service without mark-up of invoices, shall be compensated to Consultant by the City. The cost to Consultant of coordinating such subconsultant efforts .shall be included in the authorization for Consultant's hourly services. Consultant or sub-consultants listed with the State of Florida "SNAPS" Program may be required to use hourly rates as listed with the "SNAPS" Program. 5. CHANGES IN SCOPE OF WORK City or Consultant may request changes that would increase, decrease, or otherwise modify the Scope of Work to be provided under a particular Work Order or this Contract. Such changes and method of compensation must be agreed upon in writing by written Change Order to the Work Order or this Contract prior to any deviation from the terms of the Work Order or the Contract, including the initiation of any extra Work. Such changes, shall not bind the City unless executed with the same formality as the respective Work Order or this Contract. Written Change Orders shall be in form and content acceptable to the City. 6. SUBCONSUL T ANTS/SEP ARA TE CONSULTANTS: If the Consultant desires to employ Subconsultants in connection with the performance of its Services hereunder: A. Any proposed Subconsultants shall be submitted to the City for written approval prior to Consultant entering into a Subconsultant Agreement. B. Consultant shall coordinate the services and work product of any Subonsultants, and remain fully responsible under the terms ofthis Agreement. Consultant shall be and remain responsible for the professional quality, technical accuracy and the coordination of all designs, drawings, specifications and other services furnished by Consultant or its Subconsultants. Consultant shall, without additional compensation, correct or revise any errors or deficiencies in the designs, drawings, specifications or other services produced pursuant to this Agreement. (Agreement/QuentinHampton- 2002) 4 C. Any Subconsultant Agreement shall be in writing and shall reflect the terms of this Agreement and require the Subconsultant to assume performance of Consultant's duties commensurately with Consultant's duties to City under this Agreement, it being understood that nothing contained herein shall in any way relieve the Consultant from any of its duties under this Agreement. Consultant shall provide the City with copies of all Subconsultant Agreements upon request of the City. o D. Consultant shall cooperate at all times with City and its other consulting engineers or design professionals, and cooperate and coordinate with, and incorporate the Work product of, any separate Consultant, consulting engineer or design professional retained by the City, in any fashion appropriate or necessary to a Project within the Project Construction Budget and Schedule. 7. RESPONSIBILITY OF THE CITY City shall furnish the Consultant with all existing data, plans, profiles, and other engineering information available and useful in connection with a proposed project on file with the City which shall be returned to the City upon the completion of the services to be performed by the Consultant, unless such data, plans, profiles, and other data are necessary for daily operations; then such forms of information shall be promptly reproduced or copied by the Consultant and returned to the City. 8. RESPONSIBILITY OF THE CONSULTANT A. Consultant shall be responsible for the professional quality, technical accuracy and coordination of all designs, drawings, specifications, and other services furnished by the Consultant under this Agreement. Consultant shall, without additional compensation, correct or revise any errors or deficiencies in his designs, drawings, specifications, and other services. o B. Neither the City's review, approval or acceptance of, nor payment for, any of the services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance ofthis Agreement and the Consultant shall be and remain liable to the City in accordance with applicable law for all damages to the City caused by the Consultant's errors, omissions, misconduct or negligent performance of any of the services furnished under this Agreement. C. In the event that arbitration or litigation becomes necessary for any reason with regard to the terms of this Agreement, the prevailing party shall be due the cost and expense of this action including, but not limited to, court or arbitration costs, interest and reasonable attorney's fees. D. The rights and remedies of the City, provided for under this Agreement, are in (AgreementlQuentinHampton- 2002) 5 o u o o addition to any other rights and remedies provided by law. 9. REPRESENT A TIVE OF CITY AND CONSULTANT: A. It is recognized that questions in the day-to-day conduct of performance pursuant to this Agreement will arise. The City hereby designates the representative identified under "NOTICES" as the employee to whom all communications pertaining to the day-to-day performance of the Agreement shall be addressed. The designated representative shall have the authority, as the City's coordinator for this Agreement, to transmit instructions, receive information, and interpret and define the City's policy and decisions pertinent to the work covered by this Agreement. B. Consultant shall, at all times during the normal work week, designate or appoint one or "more representatives who are authorized to act in behalf of the Consultant regarding all matters involving the conduct of the performance pursuant to this Agreement and shall ~eep the City continually advised of such designation in writing. C. For purposes ofthis Agreement only, designated Consultant representative is: Mark A. Hampton, P .E. Vice President 3881 South Nova Road P. O. Drawer 290247 Port Orange, Florida 32129-0247 (904)761-6810 (904)761-3977 FAX 10. NON-EXCLUSIVE CONTRACT: The City reserves the right at its sole discretion to enter into the contracts with other consultants to provide similar services as those identified herein. 11. TERM OF THE CONTRACT: The term of this Contract shall be for three (3) years from the date first written above. The City, with the mutual agreement of the Consultant may elect to renew the contract for two (2) additional terms of three (3) years each. Consultant shall perform all services authorized during any renewal period in accordance with the terms and conditions herein. 12. TERMINATION: A. The City may, by written notice to the Consultant, terminate this Agreement or any Work Order Issued hereunder, in whole or in part, at any time, either for the City's (Agreement/QuentinHampton- 2002) 6 convenience or because of the failure of the Consultant to fulfill his Agreement 0 obligations. Upon receipt of such notice, the Consultant shall: 1. Immediately discontinue all services affected (unless the notice directs otherwise); and 2. Deliver to the City all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Consultant in performing this Agreement, whether completed or in process. B. Ifthe termination is for the convenience of the City, the Consultant shall be paid full compensation for services performed to the date of termination. C. If the termination is due to the failure of the Consultant to fulfill the Agreement obligations, the City may take over the work and prosecute the same to completion by Agreement or otherwise. In such case, the Consultant shall be liable to the City for reasonable additional costs occasioned to the City thereby including, but not limited to, all damages arising from Consultant's breach and all attorney's fees and expenses incurred as a result of any action or proceeding, litigation or arbitration, if applicable, arising therefrom. D. If, after notice of termination for failure to fulfill Agreement obligations, it is determined that the Consultant had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adj ustment in the Agreement price shall be made as provided in Paragraph B of this Section and such adjustment in Agreement price shall be deemed to be the sole remedy of the Consultant. o E. The City reserves the right to cancel and terminate this Contract, without penalty, in the event that the Consultant or any employee, servant, or agent of the Consultant is indicted or has any direct information issued against him for any crime arising out of or in conjunction with any work being performed by the Consultant for or on behalf of the City. It is understood and agreed that in the event of such termination, the Consultant shall be compensated for services rendered under this Contract up to the time of termination in accordance with this Paragraph. The City also reserves the right to terminate and cancel this contract in the event that the Consultant shall be placed in either voluntary or involuntary bankruptcy or an assignment be made for the benefit of Consultant's creditors. F. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this Agreement. (Agreement/QuentinHampton- 2002) 7 o u Q \.) G. The Consultant shall have the right to terminate for failure of the City to fulfill its Agreement obligations and all other rights and remedies otherwise available to Consultant under law. 13. INDEMNIFICATION OF CITY: A. To the fullest extent permitted by law, the Consultant shall indemnify, hold harmless and defend the City, its agents, servants, and employees, or any of them, from and against all claims, damages, losses, and expenses, including but not limited to attorney's fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for expert witness testimony, arising out of or resulting from the performance of services required under this Agreement, provided that same is caused by the error, omission, negligent act, or misconduct of the Consultant, its agents, servants, employees, or Subconsultants. In accordance with Florida Statutes, Section 725.06, adequate consideration has been provided to the Consultant for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. Nothing herein shall be deemed to affect the rights, privileges, and immunities ofthe City as set forth in Section 768.28, Florida Statutes. In claims against any person or entity indemnified under this section by an employee of the Consultant or its agents or Subconsultants, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this section shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Consultant or its agents or Subconsultants, under Workers' Compensation acts, disability benefit acts, or other employee benefit acts. B. The execution of this Agreement by the Consultant shall obligate the Consultant to comply with the foregoing indemnification provision; however, the collateral obligation of insuring this indemnity must be complied with as set forth below. C. The City will require that any contractor, performing work in connection with drawings and specifications produced under this Agreement, agrees to hold harmless, indemnify and defend the City and Consultant, their consultants and each of their officers, agents, and employees from any and all liability claims, losses, or damages arising out of the contractor's (or subcontractor's) performance of the work described in construction contract documents, but not including liability that may be due to the sole negligence of the City, the Consultant, their subconsultants, or their officers, agents and employees. (Agreement/Quentin Hampton- 2002) 8 14. INSURANCE: o A. Consultant shall provide, pay for, and maintain in force at all times during the services to be performed, such insurance, including Workers' Compensation insurance, Employer's Liability insurance, Comprehensive General Liability insurance, and Professional Liability insurances as will assure to the City, the protection contained in the foregoing Indemnification undertaken by Consultant. Such policy or policies shall be issued by companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in Florida. Consultant shall specifically protect the City by naming the City as an additional insured under the Comprehensive General Liability Insurance policy hereinafter described. (1) Professional Liability Insurance: The limits of liability provided by such policy shall be no less than ONE MILLION AND NOIIOO DOLLARS ($1,000,000.00) to insure and hold harmless the City under the indemnification specified in Section 13. (2) Comprehensive General Liability Insurance: The limits of liability provided by such policy shall be no less than FIVE HUNDRED THOUSAND AND NOll 00 DOLLARS ($500,000.00) to insure and hold harmless the City pursuant to the indemnification specified in Section 13, for which Consultant is not insured under the terms of its Professional Liability Insurance above specified in Section 14(a). Such insurance coverage shall include, but not be limited to the following: o (a) Public Liability Insurance - shall protect the Consultant, its agents and employees from claims for damages for personal injury including accidental or wrongful death, as well as property damage, which may arise from performance or services under this Agreement. The limits of liability provided by such policy or policies shall be no less than ONE HUNDRED THOUSAND AND NOIIOO DOLLARS ($100,000.00) for injuries, including accidental or wrongful death, to anyone person, and subject to the same limit for each person an amount not less than TWO HUNDRED THOUSAND AND NOll 00 DOLLARS ($200,000.00) for anyone occurrence. (b) Property Damage Insurance - Consultant shall carry liability limits of at least ONE HUNDRED THOUSAND AND NOll 00 DOLLARS ($100,000.00) for damages for anyone claim and TWO HUNDRED THOUSAND AND NOll 00 DOLLARS ($200,000.00) for damages for anyone occurrence. (Agreement/QuentinHampton- 2002) 9 o u o u (3) Consultant shall provide to City a Certificate of Insurance required by this Section showing that the City has been named as an additional insured under such policies, or, in the alternative, a certificate evidencing that the required additional endorsement has been obtained under such policies. Such policies shall be provided by an insurer acceptable to the City and the deductible amounts of such policies shall also be subject to acceptance by the City. (4) Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that at least thirty (30) days prior to expiration, cancellation, non-renewal or any material change in coverages or limits, a notice thereof shall be given to the City by certified mail to: Legal Department, P. O. Box 100, Edgewater, Florida 32132-0100. Consultant shall also notify City, in a like manner, within twenty-four (24) hours after receipt of any notices of expiration, cancellation, non-renewal or material change in coverage received by said Consultant from its insurer; and nothing contained herein shall absolve Consultant of this requirement to provide notice. (b) The City of Edgewater shall be endorsed to the required Comprehensive General Liability policy or policies as an additional named insured. (c) The insurance requirements shall remain in effect throughout the term of this Agreement. B. Said insurance shall be evidenced by delivery to the City of a certificate of insurance executed by the insurers listing coverage and limits, expiration dates and terms of policies and all endorsements whether or not required by the City, and listing all carriers issuing said policies. C. OTHER: City will require that any Contractor performing work in connection with the project for which Consultant is providing professional services, hold harmless, indemnify and defend City, Consultant, their consultants, and each of their directors, officers, agents and employees from any and all liability , claims, losses, damage and costs, including attorney's fees, arising out of or alleged to arise from the Contractor's performance of the work described in the construction contract documents, but not including liability that may be due to the sole negligence of City, Consultant, their consultants, or their directors, officers, agents and employees. City will require the Contractor to provide workers' compensation and commercial general liability insurance, including completed operations and contractual liability , (Agreement/QuentinHampton- 2002) 10 with the latter coverage sufficient to insure the Contractor's indemnity, as above 0 required; and such insurance shall include City, Consultant, their consultants, and each of their directors, officers, agents and employees as additional insureds. The insurance afforded to these additional insureds shall be primary insurance. If the additional insureds have other insurance which might be applicable to any loss, the . amount of the insurance provided under this article shall not be reduced or prorated by the existence of such other insurance. City will provide copies of the construction contract documents to Consultant before they are executed by the City and the contractor, for Consultant's review and confirmation that the above requirements have been met. Consultant will be responsible for obtaining insurance certificates and endorsements from the contractor. Within five (5) working days of City's receipt of the fully executed construction contract documents, City agrees to forward to Consultant a complete certified copy of same. The documents copied to Consultant will include, but not be limited to, the executed agreement and bonds. 15. OWNERSHIP OF DOCUMENTS: It is understood and agreed that all documents, including detailed reports, plans, original 0 tracings, specifications, and all other data, prepared or obtained by the Consultant in connection with its services hereunder shall become the property ofthe City. The Consultant shall not be liable for any use by the City of said documents or data if modified in any manner without written approval of the Consultant. 16. REUSE OF DOCUMENTS: A. Wherever and whenever applicable, all documents including drawings and specifications furnished by Consultant pursuant to this Agreement may be reused by the City for future projects. B. Should the City determine that significant benefits would accrue from such reuse, Work Order(s) will be negotiated on that basis. C. City shall have the right to reuse the documents, drawings, specifications and contract with other parties, not the Consultant. Such reuse will be without need of written approval of the Consultant, however, Consultant shall not be held professionally responsible for any such reuse. City shall indemnify and hold Consultant harmless for any and all damages resulting from such reuse. (AgreementlQuentinHampton- 2002) 11 o u Q u D. If the City elects to reuse the documents and engage the professional services of the Consultant for construction of future work, Consultant agrees to perform said services for a mutually agreed upon discounted fixed fee to be negotiated under such Change Order for additional Work. If issuance of any Work Order for future work shall require that a "Clerk-of-the-Works" be employed pursuant to the Scope of Work, compensation for his/her services shall be negotiated as part of that Work Order. If any modifications are required to site adapt the documents, compensation for such work shall be negotiated. 17. NOTICES: All notices or other communications required or permitted hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to City: With Copy to: Legal Department City of Edgewater P. O. Box 100 104 North Riverside Drive Edgewater, Florida 32132-0100 (386)424-2403 City Manager City of Edgewater P. O. Box 100 104 North Riverside Drive Edgewater, Florida 32132-0100 (386)424-2404 If to Consultant: Mark A. Hampton, P .E. Vice President Quentin Hampton Associates, Inc. 3881 South Nova Road P.O.Drawer290247 Port Orange, Florida 32129-0247 (386)761-6810 18. EQUAL OPPORTUNITY EMPLOYMENT: Consultant agrees that it will not discriminate against any employee or applicant for employment for Work under this Agreement because of race, color, religion, sex, age or national origin and will take affirmative steps to insure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment, advertising; layoff or termination; rates of payor their forms of compensation; and selection for training, including apprenticeship. (Agreement/QuentinHampton- 2002) 12 19. NO CONTINGENT FEES: o Consultant warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability, and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount for such fee, commission, percentage, gift or consideration. 20. COMPLIANCE WITH ~ 287.133, FLORIDA STATUTES: Consultant shall, simultaneous with the execution of this Agreement, if not previously done, execute a public entity crime statement required by ~287.133, Florida Statutes. 21. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: The Consultant shall comply with all Federal, State and Local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Contract. 22. CONFLICT OF INTEREST: o Consultant agrees that it will not contract for or accept employment for the performance of any work or services with any individual, business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with the City. 23. ASSIGNMENT: This Agreement, or any interest herein, shall not be assigned, transferred, or otherwise encumbered, under any circumstances, by the parties hereto without prior written consent of the opposite party and only by a document of equal dignity herewith. However, this Agreement shall run to the Edgewater City Government and its successors. 24. ALL PRIOR AGREEMENTS SUPERSEDED: A. This Contract incorporates and includes all prior negotiations, correspondence, conservation, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements (Agreement/QuentinHampton- 2002) 13 o u Q Q whether oral or written. B. It is further agreed that no modifications, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 25. INDULGENCE NOT WAIVER: The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver ofthe provision or any provision of this Agreement either at the time the breach or failure occurs or at any time throughout the term of this Agreement. 26. INDEPENDENT CONTRACTOR: It is hereby mutually agreed that the Consultant is and shall remain an independent contractor and not an employee of the City. 27. NO THIRD-PARTY BENEFICIARIES: The Agreements contained herein are for the sole benefit of the parties hereto and their successors and permitted assigns and no other party shall have the right to enforce any provision of this Agreement or to rely upon the provisions of this Agreement. 28. INTERPRETATION; VENUE: In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Seventh Judicial Circuit for V olusia County, Florida, for claims under state law and the Middle District of Florida for any claims which are justiciable in federal court. 29. ATTORNEY'S FEES: If the City is required to institute or defend any legal proceedings in connection with this Contract, the Consultant agrees to pay the costs thereof, together with reasonable attorney's fees for the City's attorney in the event such legal proceedings are terminated in favor of the City. (Agreement/QuentinHampton- 2002) 14 IN WITNESS WHEREOF, the parties have hereto caused the execution of these 0 documents, the year and date first written above. ATTEST: CITY COUNCIL OF THE CITY OF EDGEW ATER, FLORIDA By: Susan J. Wadsworth City Clerk Donald A. Schmidt Mayor Dated: Robin L. Matusick Paralegal o WITNESSES: QUENTIN L. HAMPTON ASSOCIATES, INC. Mark A. Hampton, P .E. Vice President Dated: (Agreement/QuentinHampton- 2002) 15 o QUENTIN L. HAMPTON ASSOCIATES ORGANIZATIONAL CHART WITH BILLING RATES PRINCIPAL Bllllng Rate: $95.00/hour ADMIN SERVICES SUPERVISOR I I PROJECT MANAGER Bllllng Rate: $95.00/hour BUILDING PROJECTS MANAGER Bllllng Rate: $55.00/hour DEVELOP INSPECTION MANAGER. (CoDBt. Services Super) I I I PROJECT ENGINEER Bllllng Rate: $95.00/hour PLANS EXAMINER Billing Rate: $55.00/hour BUILDING INSPECTOR Bllllng Rate: <20 bn = S5O.OO1br >20 bn <30 bn = U7.&01br >30bn - $46.00Jbr DEVELOP INSPECTOR Billing Rate: $42.00/hour I I Bllllng Rate: Actual Cost + 10% Bllllng Rate: $30.00/hour CONST. SERVICES SUPERVISOR Bllllng Rate: $48.00/hour SUBS CADDj DRAFl'ING Billing Rate: $55.00/hour CLERICAL FIELD . INSPECTOR Bllllng Rate: $42.00/hour (Inc. mlleage) [:1aSSifiCations shown without billing rates are non-billed classifications __.........wv , '# .. u Q Q C\D AGENDA REQUEST Date: 10/15/02 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT OTIlER BUSINESS CONSENT xx ITEM DESCRIPTION: Consulting Engineering Services for the Western Area Utilities Extension Project BACKGROUND: To prepare for the anticipated development which will occur upon completion of the S.R. 442 widening project, particularly at the I95/SR 442 interchange, water and wastewater facilities design, permitting. bidding and construction phase services should be provided at this time. Monies have been allocated in the FY. 2003 Budget for both Engineering and Construction activities. The source of funds is the bank loan in the amount of$1.5 million. STAFF RECOMMENDATION: Staff recommends approval of the proposal by Quentin L. Hampton Associates, Inc., one of the City's Consulting Engineering Finns, to provide an Alignment Study, Final Design work, Bidding Assistance, Permitting, Construction Administration and Inspection for the sum of $166,256.00 for the Western Utilities Expansion Project. -- ACTION REOUESTED: A motion to approve the Quentin L. Hampton Associates, Inc. work order for engineering services to provide design, permitting, bidding assistance, construction administration and construction inspection for the City of Edgewater Western Utilities Expansion Project, and for the City Manager to execute the engineering work order authorization at a not to exceed cost of$166,256.00. FINANCIAL IMPACT: (FINANCE DIRECTOR)-'I.) tvt:t/''PIJ t'f' :/t-/' f/tJjCc.! 'r} ~ /Ie/lt- tu..k.tlf::; i/rr / (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) I tA / 4i -'::If " PREVIOUS AGENDA ITEM: YES NO DATE: AGENDA ITEM NO. Respectfully submitted, ~ \\,\0~ D-=Oirector ~ry-., ["} --::d..1.N tl'i-<;" Robin Matusick, Paralegal ~ d~~ City Manager C:\MyDociments\TerrysFiles\AgendaRequest WORK ORDER NO. 2002-1 AGREEMENT FOR ENGINEERING SERVICES QUENTIN L. HAMPTON ASSOCIATES, INC. PROJECT: Engineering Services for the City of Edgewater Western Area Utilities Extension Project CITY: Edgewater, Florida DESIGN PROFESSIONAL: Quentin L. Hampton Associates, Inc. Execution ofW ork Order Number 2002-1, by City, shall serve as authorization for Engineer to provide professional services for the above project. RESPONSIBILITY OF THE ENGINEER: Engineer shall provide said professional services pursuant to this Work Order, to perform professional services relating to the design and construction ofthe collection and distribution system improvements relating to sanitary sewer and potable water service as detailed in the Scope of Services and Fee Proposal (attached and incorporated herein as Exhibit "A"). TIME FOR COMPLETION: The professional services authorized by this Work Order will be completed within eighteen (18) months from the date of this Work Order. COMPENSATION: The fee for these services will not exceed an amount of one hundred sixty-six thousand two hundred fifty-six and noll 00 ($166,256.00). Each invoice shall also be accompanied by a written concurrence from the Director of Environmental Services. (Agreement/QuentinHampton- W orkOrder#2002-1) 1 , t o o o ~ 1 u u u Dated: WITNESSES: (Agreement/QuentinHampton- W orkOrder#2002-1) 2 CITY OF EDGEW A TER, FLORIDA By: Kenneth R. Hooper City Manager QUENTIN L. HAMPTON ASSOCIATES, INC. By: Mark A. Hampton, P.E. Vice President Dated: \. . SCOPE OF SERVICES AND FEE PROPOSAL ESTIMATE WESTERN RESERVE AREA UTILITIES EXTENSION CITY OF EDGEWA TER o I. GENERAL This Scope of Services and Fee Proposal is in conformance with the Continuing Services Agreement between the City of Edgewater ("City") and Quentin L. Hampton Associates, lnc ("QLH") that was executed on.M::m~h 18, I ~!39;- ;YtJ'Yc-tIIter )..~() L A. Quality Control: Richard W. Fernandez, P.E. will serve as Project Manager for QLH. David A. King, P.E., will serve as Peer Engineer for design review and consultation. Gary Wisniewski will provide inspection supervision during construction. II. BACKGROUND In 1988, the City defined their Western Reserve Planning Area (Chapter 180 Reserve Area) in preparation of providing utility services to that area. In 1996, the City contracted with Hartman & Associates, lnc to prepare the Western Reserve Planning Area \/yater. Wastewater and Reclaimed Water Systems Master Plan (Master Plan) dated May 1996. Proposed development activity is currently being planned for the area. The development will require sanitary sewer and potable water service. The City requested that QLH 0 provide professional engineering services for the design and construction of these collection and distribution system improvements. III. BASIS OF DESIGN AND PROJECT LIMITS Recognized engineering design standards along with various agency mandated requirements shall be conformed with, during the design. City of Edgewater water and wastewater service requirements along with City fire protection requirements shall be provided. City of Edgewater standard construction details shall be utilized. Limits of the project shall be as described below: A. Water Facilities - Along S.R. 442 between Water Plant Road and the end of the proposed 2,000-foot extension of S.R. 442 west of the 1-95 right-of- way. B. Wastewater Facilities - From the existing terminus of the 12" diameter force main at the intersection of Park Avenue and Airpark Road, along Park Avenue, 60' wide easement route and Water Plant Road, parallel to the existing 10" diameter potable main with an estimate length of 22,500 feet. Proposed facilities also include one "master" lift station west of 1-95 and one lift station east of 1-95. o " ) u Q u IV. PRELIMINARY DESIGN PHASE SERVICES A. Survey No survey services shall be provided during this phase. Existing surveys and maps shall be utilized. B. Design Preliminary design shall include the analysis of possible water and force main routes lift station sizing, construction methods, materials, operating conditions, capacity, and hydraulics of the planned water and wastewater facilities. Opinions of probable construction costs shall be prepared along with schematic layouts and sketches as required. Communications with County and State agencies shall be completed in order to provide information on the compatibility of the proposed improvements with the County's and State's future roadway improvements and permitting limitations. The size and proposed location for the improvements will be established in the alignment study. C. Submittals Four (4) copies of the draft Preliminary Design Report shall be provided to the City for review and comment. Upon receipt of the City's comments, the report will be revised to address the City's comments and four (4) copies of the final Preliminary Design Report shall be provided for the City's use. D. Coordination Upon receipt of the notice to proceed, QLH shall hold a. kick-off meeting with the City staff. Upon review of the draft report by the City, QLH will meet with the City to discuss their comments. Other meetings with City staff shall be held as needed. All work shall be coordinated with the City's project manager. E. Schedule The draft alignment study shall be delivered within 60 days of the date of the kick- off meeting with the City. The alignment study shall be delivered within 21 days of the date of the draft report review meeting with the City. V. FINAL DESIGN PHASE SERVICES A. Survey Survey shall be completed via typical ground survey means or by photogrammetric means. The survey shall include all visible above ground features and shall be supplemented by private utility markups and collected field data. Apparent rights- of-ways and property/easement lines per found monumentation and tax assessor's '- information shall be provided. Survey shall be completed in the scale required to 0 provide the design drawings. B. Design Deliverables shall include complete construction drawings drawn to the maximum scale of 1 n=40' and complete technical specifications in CSI format. C. Permitting QLH shall apply for the following permits at the 90% design stage: 1. Volusia County Health Department Water System Construction Permit 2. Volusia County Right-of-Way Use Permit 3. FDOT Utility Right-of-Way Use Permit 4. FDEP Domestic Sanitary Sewer System Construction Permit 5. FEC Railroad right of way crossing Response to one (1) Request of Additional Information (RAI) for each permit application is included. Additional charges may be necessary if responses to additional RAl's are required due to no fault of QLH or due to agency specific requests. A $1,000.00 allowance is included with this proposal for the permit application fees. 0 D. Estimated Schedule Project plans and specifications will be completed 150 days after approval of the alignment study or within 90 days of receipt of survey, whichever is later. VI. BIDDING PHASE A. Contract Documents: QLH will assemble complete contract documents including construction plans; general and technical specifications; and bidding/contract documents (per City standard documents). Up to six (6) copies of such documents will be provided to the City. QLH will also prepare and deliver a final opinion of probable construction cost. B. Advertisement: QLH will assist the City in the advertisement for bids. QLH will provide copies of the project documents to the City for distribution to bidders, answer/respond to questions from bidders, prepare addendums for City issuance as necessary and attend the bid opening. C. Bid Evaluation: QLH will evaluate all submitted bids for accuracy/completeness and prepare a bid tabulation. The qualifications of the low bidder(s) will be evaluated. This work also includes the evaluation of any alternate bid work or materials. QLH will deliver the bid tabulation and a Recommendation of Award letter to the City. o ," ",' u u Q D. Estimated Schedule: QLH shall complete these activities within the time frame required by the City. VII. CONSTRUCTION PHASE VIII. A. Contract Administration: QLH will provide project management with the coordination of the project construction, assembly of conformed contract documents, coordination of a preconstruction conference, review/approval of shop drawings, attendance at project coordination meetings, review/processing of contractor's monthly pay requests, respond to contractor's questions, etc. The Project Manager will continue to complete/manage this work during this phase. Quality control will be completed by the Peer Engineer. B. Resident Project Inspection: QLH will supply one fully qualified resident project inspector for part time inspection for the duration of the project. The Inspector will observe the construction activities, verify conformance with contract documents, review/observe all required tests, maintain a detailed log including red-lined construction drawings, field verify all work quantities, collect/forward citizen complaints, and field direct the contractor as necessary. Quality control will be completed by our Inspection Department Manager and the Project Manager in the form of field visits and work product review. Estimated time is based on an average of 6 hours per work day with 4 hours/day (min) and a 180 day construction period. C. Project Closeout: QLH will complete/collect all of the required closeout paperwork including warranties, as-builts sur.veys, operations and maintenance manuals, certifications, and permit agency approvals. QLH will also annotate and amend the contractor supplied as-builts with additional information collected by the Resident Project Inspector during the project. D. Estimated Schedule: QLH shall complete these activities within the time frame required by the construction activities. Final as-builts shall be delivered to the City within 30 days of receipt of the Contractor's final as- builts. EXCLUSIONS A. Exclusions: QLH shall not be responsible for providing legal information regarding property descriptions and ownership. Insurance liability prevents this from being a part of this scope of work. Proposal does not include land acquisition, wetland permitting/mitigation, grant services, etc. " . ' \ IX. PROPOSED FEES o QLH shall complete the above mentioned work for the following fees. Fees other than the Inspector charges shall be lump sum. Actual hours expended by the inspector shall be charged. Alignment Study QLH Fees $4,800.00 Subtotal $4,800.00 Final Design Phase QLH Design Fees $51,656.00 Survey Allowance $33,000.00 Geotechnical Allowance $3,000.00 Environmental Allowance $2,500.00 Permit Fee Allowance $1,000.00 Reproduction Allowance $ 300.00 Subtotal $91,456.00 0 Biddinq Phase QLH Bidding Fees $2,000.00 Reproduction AII0wance $2,000.00 Subtotal $4,000.00 Construction Phase QLH Administration Fees $33,000.00 QLH Inspection Fees (Estimated) $33.000.00 Subtotal $ 66.000.00 GRAND TOTAL FOR PROJECT $166,256.00 o Page 1 of 1 Main Identity From: To: Sent: Subject: Susan Wadsworth, City Clerk <SWadsworth@cityofedgewater.org> _ Ruth Reich <rreich@co.volusia.f1.us> Thursday, November 07,20023:59 PM Re: Transition Team Officers Meeting At the City Council meeting of November 4, 2002 City Manager Ken Hooper was appointed as the City of Edgewater's alternate member to the Water Transition Team. Any questions please feel free to contact me. ----- Original Message ---- From: Ruth Reich <rreich@co.volusia.f1.us> . ) To: <rbrewer1@cfl.rr.com>; <apgarr@deland.org>; <bscov@mpinet.net>; <mayor@port-orange.org>; <dmoore@southdaytona.org>; <gstilling204@yahoo.com> Cc: <BREAG1@aol.com>; <emufarmton@aol.com>; <ohadmin@bellsouth.net>; <LemkeStan@ci.daytona-beach. f1.us>; <quigleyrichard@ci.daytona-beach. fl. us>; <ShallowMike@ci.daytona-beach.fl.us>; <FBehring@ci.deltona.f1.us>; <imasiarcZyk@ci.deltona.f1. us>; <citymanager@ci.orange-city.f1.us>; <bmurphy@ci.ponce-inlet.f1.us>; <dhooker@ci.ponce-inlet. fl. us>; <citymanager@cityofedgewater.org>; <jlichter@cityofedgewater.org>; <twadsworth@cityofedgewater.org>; <froberts@cityofnsb.com>; Cynthia Coto <CCoto@co.volusia.fl.us>; Joe Jaynes <JJaynes@co.volusia.f1.us>; Roy Schleicher <RSchleicher@co.volusia.f1.us>; Scott Mays <SMays@co.volusia.f1.us>; Tom Carey <TCarey@co.volusia.f1.us>; <mbooker@dbshores.com>; <rdiamond@debary.org>; <abelsm@deland.org>; <francem@deland.org>; <harrisonr@deland.org>; <Rigerk@deland.org>; <Ronald Freeman@doh.state.f1.us>; <cansay@dor Sent: Thursday, November 07, 2002 11 :48 AM Subject: Transition Team Officers Meeting F..~ y.I..... An Officers' Meeting of the Transition Team is scheduled for Monday, November 11, 2002 at 9:00 AM in the VCOG conference room (agenda attached). rr 1117/02 ;: ... Harold Brandner 110 E. Yelkca Ter. Edgewater, FI. 32132 Phone 426-6405 Subject: House on 104 East Yelkca Terrace, Alternate Key 3891180, Former owner: Harris This house was built in 1975 on a 50 feet wide lot housing an apartment upstairs and office downstairs with a small hallway and inside stairs to access the upstairs apartment. Over the years it was modified - without any relevant building permits on record - into a 3 or 4 unit house with no sufficient parking and 2 added-on entrance doors for a total of 4 separate entrances. This property was recently sold and is currently being worked on. The residents of East Yelkca Terrace are asking the City of Edgewater to further investigate this case and to make sure that the present owner - Ralph Padgett - brings this building back to its original or amended permitted use. We further ask the City to enforce all present day regulations (including necessary parking spaces per apartment) and building codes (including plumbing and electrical). We encourage the members of the City Commission to personally inspect the property - next to Dudleys Funeral Home. On October 14, 2002 we personally delivered the enclosed petition to: City Manager, Building Inspector, Code Enforcement, Planning & Zoning We are also enclosing front and side pictures of the building and floor plan as originally built. ~ ... .- .. .'7 PETITION TO: CITY OFEDGEW A TER - MR. KEN HOOPER - CITY MANAGER MR. DENNIS FISHER - BUILDING INSPECTOR CODE ENFORCEMENT PLANNING & ZONING JO- /4 -0;< FROM: THE RESIDENTS OF EAST YELKCA TERRACE l)N~ItFE:. . SUBJECT: BOARDED UP HOUSE AT 104 E.YELKCA TERRACE ABOVE PROPERTY WAS SOLD RECENTLY. BEFORE ANY REMODELING ON ABOVE BUILDING STARTS... THE UNDERSIGNED RESIDENTS OF EAST YELKCA TERRACE ASK THE CITY OF EDGEW A TER THAT 1) THE BUILDING IS BROUGHT BACK TO ITS ORIGINAL OFFICIAL USE AS A DUPLEX, 2) THE ADDED 3RD APARTMENT IS REMOVED, 3) THE ADDED STAIRS ON THE EASTSIDE OF THE HOUSE LEADING TO THE UPSTAIRS APARTMENT ARE REMOVED AND THE ORIGINAL STAIRS INSIDE THE FRONT OF THE BUILDING ARE RECONSTRUCTED, 4) ALL PRESENT DAY REGULATIONS (INCLUDING NECESSARY PARKING SPACES PER APARTMENT) AND BUILDING CODES (INCLUDING CW \1.. \' ..PLUM;1)IN AND. ELECTRICAL) ARE FOLLOWED AND ENFORCED. '')~ ,'~0 lflt8 Y\Z-L\<~A T\L~I:<f.\c\... ti.VJ0fL~\)V\ J'1.I'S'"\.. 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