04-01-2002
Q
(,)
Voting Order
Councilman Vincenzi
CoundlwmanRhodes
Councilwomanlichter
Mayor Schmidt
Councilman Brown
AGENDA
CITY COUNCIL OF EDGEW A TER
REGULAR MEETING
Aprill, 2002
7:00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROVAL OF MINUTES
A. Regular Meeting of March 18,2002
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TES/DONA TIONS
None at this time.
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. 1 st Reading, Ord. No. 2002-0-04, repealing Article II (Noise) of Chapter 10
(Health and Sanitation) in its entirety, adopting a new Article II (Noise).
B. 1st Reading, Ord. No. 2002-0-05, amending Article III (Permitted,
Conditional, Accessory and Prohibited Uses) Section 21-37 (Special
Activity/Permit Requirements) of the Land Development Code.
7. CONSENT AGENDA
Items on the consent agenda are defined as routine in nature that do not warrant detailed
discussion or individual action by the Council; therefore, all items remaining on the consent
agenda shall be approved and adopted by a single motion, second and vote by the City
Council. Items on the consent agenda are not subject to discussion. One of the most basic
rules of a consent agenda is that any member of the City Council may remove any item
from the consent agenda simply by verbal request at the City Council meeting.
Removing an item from the consent agenda does not require a motion, second or a vote; it
would simply be a unilateral request of an individual Council member.
A. Annual Authorization - Mayor or City Manager's authorization for East
V olusia Mosquito Control District to make low level aerial inspection and
spray flights.
B. Recreation/Cultural Services Board Appointments (2) - Councilwoman
Lichter and Mayor Schmidt to consider the recommendation of the Board to
appoint Joe Fishback and Gerald Balz to fill two vacancies.
C. Citizen Code Enforcement Board Appointment - Councilwoman Lichter to
consider the recommendation of the Board to reappoint Ben DelNigro for
another three (3) year term.
8. OTHER BUSINESS
None at this time.
9. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
1) Status of old hospital/Conte building at 509 N. Ridgewood Avenue
2) Update of YMCA/Pool Contract
3) Budget Schedule
10. CITIZEN COMMENTS/CORRESPONDENCE
..
(J
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r
City Council Agenda
April 1, 2002
Page -2-
11. ADJOURN.
Notes:
1) Citizen comments relating to any agenda matter may be made at the time the matter is
before Council. Please state your name and address, and please limit your comments to
five minutes or less.
2) All items for inclusion on the April 15, 2002, agenda must be received by the City
Manager's office no later than 4:30 p.m. Monday, AprilS, 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.
:ejrn
F:\agendas\040 12.reg
RECEIVED
MAR Z 7 21H[
GlWiM8~r
ON BEHALF OF THE FOLLOWING RESIDENTS OF MARILYN DRIVE TO ASK
THE CITY OF EDGEWATER, THE POLICE DEPARTMENT, THE CODE
ENFORCEMENT BOARD, AND ANY OTHER AGENCY THAT PROVIDES
PROTECTION FROM VIOLATIONS AGAINST THE RESIDENTS OF MARILYN
DRIVE FROM THE EXCESSIVE POLLUTION, NOISE, RECKLESS DRIVING
AND OTHER ACTS THAT INTERFERE WITH THE QUIET ENJOYMENT OF OUR
HOMES. WE THE UNDERSIGNED, HEREBY MAKE TIDS PETITION., AND ASK
THAT THE RESIDENTS OF IS AWD 20 MARILYN DRIVE BE ADVISED OF OUR
COMPLAINT.
PETITION
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ORDINANCE NO. 2002-0-04
AN ORDINANCE OF THE CITY OF EDGEW A TER,
FLORIDA; REPEALING ARTICLE II (NOISE) OF CHAPTER
10 (HEALTH AND SANITATION) IN ITS ENTIRETY
ADOPTING A NEW ARTICLE II (NOISE), PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE,
ADOPTION AND CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
WHEREAS, Article II (Noise) of Chapter 10 (Health and Sanitation) of the Code of
Ordinances was originally enacted on April 1, 1974; and
WHEREAS, in order to update the Code of Ordinances with respect to l'ioise, the City
desires to adopt this ordinance (#2002-0-04) to enact a new Article II (Noise) of Chapter 10 (Health
and Sanitation). .
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of
Edgewater, Florida:
PART A.
REPEAL OF ARTICLE II (NOISE) OF CHAPTER 10
(HEALTH AND SANITATION) OF THE CODE OF
ORDINANCES, CITY OF EDGEW A TER, FLORIDA.
Article II (Noise) of Chapter 10 (Health and Sanitation) of the Code of Ordinances is hereby
repealed in its entirety and the following Article II (Noise) is hereby adopted:
CHAPTER 18 (Health and Sanitation)
ARTICLE II. NOISE
See. 16-20. DefinitioJl~.
r or tile pm pose of this article, the follo wing telnlS shall ha v e the r espceti ve nleanillg.s a.'5'A ibed \c
thenr.
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2002-0-04
"A" barld le vel. Thc total sound level of all noisc as mcasU1cd with a sound level metc[ using tIle
"A" . I. k =fl . f .
wcrg ung nctwor. 1C U1ut 0 mcasU1eUlcnt IS the dD(A).
Daytime. from 7.00 a.m. to 11.00 p.m.
Decibel. A ulIit oflevcJ equal to tell (10) tirl1Cs the logarithm (base 10) of the ratio of all) 1.\-o (2)
quantities ploportional to po~eI.
Eme/ gency wo/ k. \Vork made necessary to protcet persons or property flOm expOSUle to darlgel.
Nighttime. from 11.00 p.m. to 7.00 a.m.
Noi,r,e level. The sound preSSUle level as mcasU1ed in dD(A) by a sotmd levclllleteI.
Fe/SOil. As dcJined in section 1-2, to include any entity, public or private in natU1C.
Sound le velmetel . An instm1nent including a microphone, arl amplifiGl, an output metGr, and
flGquenG)' wcighing, networks for the meaSU1ement ofnoisc and s0U11d levels in a specified manncr.
Sound p1 e,r,sw e Ie vel. In decibels, sound is twenty (20) time.s the. logarithm to the basc ten (10) of
the. ratio of the pi:essUle of this sound to thc reference pleSSU1e, whie.h refe.rence pre.ssU1e. must be
explicitly stated.
Tecllnical definitiolls. Ale. ill accordarlcc with Americar1 Standard S 1. 1-19GO clItitled "Ae.coustical
T cllninology".
Time. The. the.n e.U1rcn:t kgal time. in the eit).
Se,_ 16-21.
Legislatil' e findings, dedai ation of necessity_
It is found and deelar cd that.
(1)
Thc making and crGation of cxe.e.ssi vG, \11111C"C,SSary or unusually loud noisGs within thc e.itJ
i!> a conditioll which has cxisted fOI S01I1e timc arId the. amount ar1d intcnsity of su.:.h noiscs
.. .
IS mClcasmg,
(2)
Thc making, clcation or maintcnancc of sue.h cxe.cssi vC, UllilCCCSSaly, ltlll1atUlal 01 UllUsually
loud noises which arc prolonged, unusual and Ullllatmal in thCil time, plac.:. and use. affee.t
and are. a de.t.ime.nt to the publie. he.alth, comfort, con v e.nie.ncc, sakty, wdfarc and pI OSpe.Iity
of the. le.side.n~ of thc city, and
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(J) Thc llc"cssity in thc publie. interest for the. provisiolls and prohibitions hClcillaftcI containcd
and ellac,tcd is d"dared as a mattc,I of legislati~c dete.unination and public, poli"y, arId it is
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2002-0-04
2
further declared that the Plovisions arid prohibitions hereinaftel eOIltained arid enacted cl1C
in pmSUarlc.e of and fOl the pmposc of sccming and promoting tile public hcalth, comfort,
con vChicncc, safety, wclfa1c and prospcrity and thc pcacc arid quic.t of the city and its
inhabitarlts.
See. 10-22.
Gellel al pi ohibitioll.
It sLall bc ul1la\'\-ful, cxeept as cxplcssly pcrmitted hClcin, to makc, camc, 01 allo... the
making of any noisc or sound whic11 cxcccds the limits sct forth in this article.
See. 10-23.
Use classification, pi ojecting noise.
(a) Classification for pmposcs of defining the. "usc occuparlC,y", all prcmise.s containing
habitually oe.cupie.d skeping quartcrs shall be consider cd in rcsidential usc, All prcmiscs
containing businesscs wherc sales, professional, or other commercial use is kgally permitted
shall be considered comme.reial usc. All prcmiscs whcrc manufae.tuIing is kgally pcrmitted
shall bc considclcd marmfactming use. In cascs of multiple use, the more restrictivc use
category shall pIe vail. Hospitals, schools and ehmch alcas ale con:)idered rcsidential. Any
alea 110t other wisc classified shall conform to eomme.reial standards.
(b) [', ojectioil at noise. Sound or noisc Plojecting flom one usc occupancy into anothcr usc
occupancy with a different lIoise levcl shall excced neither the limits of the use occupancy
into whieh the noise is projected nOI the noise limits of the use occupancy from whieh the
noisc originates.
Sec. 10-24.
l\lea.sUl ement of noise.
(a) The measme.me.nt of sound or noise shall be. made. with a sound kvel me.teI me.c.ting the
standald preseribe.d by thc Ame.ric.an National Standa1d.s Il15titute., S 1.4 Amerie.an National
Standalds Specifications for SOUlld Level Mete-rs. The instruments shall be. maintained ill
caliblation and good working order. A calibration check shall be made of the syste.m at thc
time of any noisc mcasmement. ~1casme.ments recorded shall be takcn so as to provide a
prope.r representation of the noise. somee. The. microphone dming measU1eme.nt shall be
positione.d so as hot to e.re.ate ally utlllatmal e.nhanc.e.me.n:t 01 diminution of the measU1ed
noise.. A windscIcen [01 the. mic.rophone shall be. uscd at all til1les.
(b) The 0510 ~ meter response of the sotl1ld Ie. vel meter shall be. use.d in ordu to be.st dc.te.rminc
tIle a v eI agc arnplitude.
(e)
The mcasmcmc.nt shall be. madc at arry point on thc property into which the noise. is being
transmitted and shall bc made at kast tmce (J) feet away from arry,.groUlld, wall, floor,
ceiling, Ioof alId other plane sutfaees.
':!f.~T~:: -:;~:~:;_'!:.:~:' ;
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2002-0-04 .
3
(d) In casc of multiple occupancy of a ploperty, the mcasmclllcnt may bc made at any POillt
inside the prcmiscs to which any complainant has right onegal pli vatc occupancy, provided,
that thc mGasmClllGht shall not bG madc within tinGG (J) feet of any ground, wall, flool,
ceiling, roof 01 other plane surface.
(c) All noise measurelilents plO v ided for in this article w ill be made by desighated officials of
tIie city V\-ho ale qualified to operate tk apparatus used to m<lke tIle nleasUlelllellts as
pro v ided ['01 in this al tide.
Sec. 18-25.
Noise lev ellimits - GeneIally.
(a) Table J. Table I speGifies noise kvd limits in dD(A) which if exceeded will have a high
probabiliry ofploducing permallcnt healing loss in anyone. in the alea whe.re the noise le.vels
arc bcing exceeded. No noisc shall be permitte.d within tile city which e.xcecds in dmation
01 noise level that as stated in Table. I as follows.
TABLE I
PElThfiSSIDLE NOISE EXPOSURES'"
DUIation pel day,
continuou~ houi s
Noise level
DD(A)
8-.........................:...................................................................................................... ....................-96
tr-............................................................................................................................. .......................-9Z-
4-.............................................................................................................................. ......................-95
3-.................................................................................................................................... ................-97-
z-.............................................................................................................................. ....................-tOO
HfZ-..... ......... ........ ...... .... ......... .................. ....... .... ... ......... ........ ........ ....... ....... .......... ... ..... ..... ....-tez
1-................................................................................................................................................ ..-tB5
rr.................................................................................................................................... .............-tte
1/4 01 less............................................................................................................................... ....-tt5
* When the dan) noise Gxposme is composed oft'Wo (2) 01 mOle periods of noise exposme at
difUl ellt Ie. eb, then eon.billed effect should be eonsidel cd, I athel th1lfl the indi. idual duct of each.
{[the sum o[t:he follo~ ing, fiactiolls.
C llTl I C 2/T2 . . . . CnITn cxcccds ul1iry, thc.n, tile mixed e.xposme should be consideled
to exceed tile noise le.vd limit value. Cn indicates the total time of expOSUle at a specified
noise le.vd, and Tn indicates the total time of c.xposme pe.rmitted at that le.vel.
'.:::; ,~., ;~~i',
If the device, producing the. noise whose noise, le.vcls ale. in e,xee,ss of Table. I CallIlot be toned
down 50 that the, noise, kvcls ale, liss tilM1 tilose in Table, I, the.ll'pi"oketioii shall be, pro vide,d
for those, in the, ale,a of the noise.. The plotection must reduc<:- tile noise le,vcl to below the
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2002-0-04
4
limits ofTabk I and must not, itself, Ploduce a safety hazald. Ploecdures must exist wl,iel,
guarantee that the pcople in the area oftlle noisc will use protection.
.
Table JL Tabk II specifics noise levels which replesent limits ~hieh if exceeded inteifc,c
wid, the peace, quiet, and general welfare of the dty and its inhabitants. No lioise 511,111 be
pewlitted wid,in tbe city which exceeds the l,oise level limits of Table II, except as explessly
author ized by this artiele.
T ADLE II
I\IAXII\IUM ALLOVi ADLE NOISE LE\TEL LIl\IITS
IN dD(A) FOR RESIDENTIAL, COl\nfERCIAL
AND l\IANUFACTURlNG OCCUPANCIES.
These kvels may not be exceeded for more than J eumuIati ve minutes out of any continuous GO
minute period.
Di5hkt
Day Night
Gl 55
GG GO
71 G5
Residential
Commercial
MarlUfactUl iug
Sce.. 10-26.
Samc - Encl05cd plac.e~ of public entel tainment.
It shall be unlawful to sustain in any enclosed place of entertainment to whieh the public is
in v ited, including, but not limited to, a restaUlarlt, bar, eait, discoteque, or darlee hall, any noise
level equal to 01 in excess of the stalldards listed in Table I.
Scc.. 10-27.
Same -1\lotol "ehicles.
It shall be unlawful to operate a motor vehick, or combination of vehicles towed by SUell
motol vchiek which creates a noisc- 01 sound which excec.ds th\.. noise kvclIimi~ in Table II except
\;\ll(.n said ve.hicks ale. tiavding on public stre.e.ts, highway s, dri ve~aj s, pal king, lots, and way s OpCl1
to vehicle. travcl. It shall be unlawful to ope.rate. a motol vehick in such manner as to e.xce.ed the
noise. level limits ofTabk III when the. vcl1icle is opc-rating on public stIee~, highway 5, dli vc.ways,
parking lots, arId ways open to vehicle travcl. NOlmal ope.ration includes n01mal aceekiation,
d(.e.ekration arld opelation at maximum n01111al speeds in all ge.als and ranges up to the spe.e.d limits
elliie.ntly dfeetive. on those Stie.e.tS of the. dty over wme.h the vehicle.s may be. operated.
T ADLE III
.:<;":"',,;.,.,:.....'.:',:,.; ",t ;'-" 17~"'-<:--;
NOISE LEVEL LIl\IITS
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2002-0-04
5
FOR MOTOR VEIIICLES'"
(a) T! ueb and buses.
85dD(A) l1ieasUled 50 feet flOm tIie source.
(b) Fao505enge! Gal 05, mot01 cycles and olhe! lllolol vehicles.
79 dD(A) measUlcd at 50 feet flOm the SOUlee.
111<; me""Ui<;m"lll;" mad" <1'> tl.e .chick d.;."" pa"l. Ifl!." ,ead;"b;" aLv." Ll.all;"led;" (a)
01 (b) ofTablc III atM)tnne, the . chide i5 in .iolation ofthi5 article. All di5tmlee5 5l1all be mea3t11ed
flom the "ilt':'l of the .d.ielG on the centel of the dri.tllg lime on \\hich the .ehick i5 betllg dIi.ell.
>Ie
See. 10-27.1. ReSell'ed.
Editol .~ dote - Fu."ualll tv ti,,, f"d",al Ra;hoad Ad111;'listlation'" Vide, ;"15 the flv, ;Ja Last
COa5t Rail~a) Compan) to le5ume 50undtllg il:3 hOlM and bd15 dt11ing the nighttime hOtlr5 at all
public er055mg5, Old. 'No. 91 0 8, ~2, lepealed ~ 10 27.1, ~hieh Plol.ibitcd tl.c 50Uildillg ofraihoad
tlain hOlh5 and ~hi5tk5 beh,ccn 10.00 p.lli. and 6.00 a.m. at all public C.1055ing5 and dcri.ed nom
Old. No. 89 0 36, S I, adoptc.d No.. 20, 1989.
See 10-28.
Same - Exell1ption~.
The folIo wing uses and aeti. ities shall be exempt fro111 noise. le .c.lre.gulations e.xcept as
listed ill Table 1.
(1) Air conditioners and la\1vn mowcrs arc cxcmpt nom pro.isions of Table. II when this
cquipmcnt is functioning in accord with the manufaGtmers specifications and with all
manufactmcrs muffkrs .:md noise. rcduGing "quipm"nt in l1.'>" arId in prop"r operating
condition.
(2) NOllarnplified crowd noisGs resulting nortl tllG aeti. itks such as those. planne.d by stude.nt,
goycrnme.ntal or community groups.
(J) ConstruGtion opcrations for whieh building pcrmits ha.c bccn issucd, or coilstruction
ope.rations not requiring pcrmits duc to owncrslJp of the. projcct b} an agency of
go.GIllme.nt, pro.iding SUGh e.quipme.llt is opcrated in accord with the manufactUlers
specifications and with all ma.mfae.tmGrs l1luffkrs and noise rcducing cquiprn"nt in usc and
in piopcr opcrating condition.
(4) Noiscs of safet} signals, warning dc.icc.s,.:md cl1lerg~~.nt:~~~~Jclicf yal.c.s.
(5) Noiscs resulting fiom an) autlloIiz:cd emcrgGncy .dude when responding to .:m e.mcrgc.nc.y
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2002-0-04
6
call or clctil1g ill time of emcrgency.
(G) Noises rcsulting from enlcrgency work as ddined ill section 10-20.
(7) Any other noise resulting flom activities of a tenlpolaI) duration pernlitted by law alld fDl
which a lieerlse or permit tile-IdOl has beell glanted by the city ill accordance ,,,itll 5ectiol1
10-29. Regulation of noises emanatil1g from opcrations urlder permit shall be aceoldillg to
tllG conditions and limits stated on the permit and eontailled ill sectiol1 10-39.
(8) Noises made by pe-rsons having obtained a permit to use the streets arc exempt from Table
If:
(9) An, aircraft operated in conformity with, 01 pUlsuant to, federal law, federal airrGgulations,
and air traffic (ontIol instruction used pm5uant to and within the duly adopted federal air
regulations shall be. e.xempt from the prOvisions ofse.etiom; 10-23 thlough 10-27 as well as
other regulations of this article.. Any aircraft ope.rating Ullder te.e.hnieal difficultie.s in any
kind of distre.ss, Ullde.r e.llle.rgcncy orders of air traffic control or bcing operated pmsuant to
and subseque.nt to thG declaration of any eme-rge-UGY undcr federal air re.gulations roc also
eXGmpt.
(10) All noise.s coming from the normal ope-rations of railroad trains arc exempt f10m Table II.
Sec.. 18-29.
Spedal pel mit~.
Applications fOl a permit for rclicf from the lllaximurn allowable noise levcl limits
designated in this article. except nom Table I may be. made. in writing to the. city COUllc1l. Any permit
granted by the city council herGundc.r ml15t be. in WIiting and shall contain all conditions upon ~h1eh
said pcrmit shall be. dfcai v c.. The city council may grant thG rdid as applic.d for urIdcr the
following conditions.
(1) Genel ally. The city council may pre.sGribe any re.asonable conditions or
require.ments it de.e.ms neGe.ssary to minimizG adve.rse dfce.ts upon the COllUlHl1lity
or the. smrounding neighborhood, including use. of muffkrs, scre.e.ns or othe.r sound
atte.nuating de. v ie.C5.
(2) .l"el1hit;5JY>r elltelro;/llllellt. re.rmits may be. grante.d for the. purposc of
elltcrtaillllle.ut undc.r the. folio wing cOllditions.
(a) The. fune.tion must be open to the public (admission may be chrogcd).
(b) The fune.tion must take placG on public prope.rtj'.
(c) Thc pcnnit will bc gi ven for only fow.{4)"howsin one twe.nty -foUl (24) 110U!
day:
(d) The function must be staged be.twe.e.n the. h01115 of 9.00 a.nl. and 12.00
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2002-0-04
7
midnight.
(3) Othel. Special permits for nonentertaimnent spee.ial pmpose.s 111ay bc issued under
tile folIo wing conditions.
(a) 0) If the. special pU1pose relates to the operation of a hade 01 busil1ess,
that tLe special pm pose not be ill the oldinary eomse of that hade 01
business.
(ii) If the special pU1pose docs not rdate to the opelation of a tladc 01
busine.ss, that the special pm pose not be an ordinary evcnt in tLc
affairs of tile applicant, and,
(b) If the special pm pose be a ree.mring pmposc, that it not rce.m more often than
fom (4) times each calendar year, and,
(c) 0) . That tile spccial pmpose be absolutely necessary to the operation of
the applicant's trade or business, or,
(ii) If the special pmp05e does not relate to the operation of a trade or
business, that the special pm pose be e.ompatible with the ordinary
ae.tivities of the neighborhood in whieh the special pm pose is to
oee.tl1, and,
(d) .except in emergene.y situations, as determined b} the city e.ouncil, the special
permit may be issued only for homs between 7.00 a.m. and 11.00 p.m. on
week days, and,
(e)' Special permits may be issued for no longer thar10ne week, renewable by
furthGr applie.ation to the. eity e.otl11cil.
(4) No permit may be. issued to pe.rmit the. use of any 10udspeakGr or som1d de v ice on the
e.xterior of arlY building which at any time exceeds the noise k vel lil11it5 in Table II
except those used fol cmcrgency wcluungs.
See. 18-30. Noi~e~ ~hic.h might not othel ~i5e be in -violation - EnumeIation.
(b) Noises prohibited b) t:lus sCGtion elle. tl1uawful notwithstanding the fact t:l1at no violatioll of
se.etions 10-23 through 10-29 is involve.d, and notwithstanding the faGt that the. activity
complained about is exe.mpte.d in se.e.tion 10-28.
(e.) Thus, the following ae.ts, among others, are..dedarc;d~to.bdoud, disttl1bing and mmece.ssary
noises in violation of this artide, but said e.numeration shall not be de.e.me.d to be e.xdusi ve.
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2002-0-04
8
(I) The sounding of any 1101n or signaling de v icc on an, automobile. or othcr vehicle,
except as a dallgCl ~aIlling, t11e eleation by means of any signaling de v ice of allY
umeasonably loud 01 11arsll sound, the sounding of all} signaling device for any
Ull11eCeSSalJ and ull1easolIabk peliod of time, and tIle Ull1easonable. use of any
signaling de v ice.
(2) The USil1g, operating, 01 pemllttlug to be played, used 01 opClated any ladio,
television, tape ollecold player, alnplifiel, musical instIument, 01 odlcr maG11ine 01
deviee used fOl the production, rcproduGtion 01 emission of sound, any prolonged
sounds made by people., alld the keeping of allY alIi mal 01 bird, which by eausing
fr equent or 10hg contil1uous noise in such mall11Cl as to distill b the public. peadl,
quic.t al1d comfort of the ndghboling inhabitants or at allY time ~ith greater intcnsity
than is necessary fO! convcnient healing for thc person 01 persons ~ho are in the
room, ve.hide., 01 e.harnber ill ~hich such sound emitt"r is operated alId ~ho ale
voluntary listeners the.re.to. Quic.ter sta11dalds ale expccted during nighttime hours.
Sec.. 10-31. Same - Filing c.omplaint.
Any person making a complaint under section 10-30 shall be required to sign a s~om
complaint eithel prior to 01 immediately after an aIrest is made, other ~ise no SUGh complaint ~ill
bc honor cd.
Sec.. 10-32. Violation~ - ~N al ning, notice, punishment, confiscation of equipment.
(a) Those v iolating noise. limits set forth in this mide. shall fIrst be issued an official ~allling
advising them ofthell violation ofthc provisions of this artide and they shall be givCll one
opportunity to eomply.
(b) Vlhen a device produces noisele.vels in exce.ss ofthosc sho~n in Table. I, thc ciry couneil
shall ll1U1lediatel, notify the. operator of such de v ice. that it is a he.alth hazro d and shall ha v e
po~er and authority to have. the de. vice. toned down 01 remOved illltil it ean be toned do~n
or eliminated.
(G) Any person violating arlY o[t11G prov~sions of this article. aftel having not complied ~ith all
official ~arning shall upon conviction the.lcof be. subjee.t to punishment as designatGd in
section 1-8. Lach day such v iolation is committed or permitted to continue. shall constitute.
a se.parate. offense and shall be punishable. as such hClcunder.
(d) TIte owne.r of property, a tenar}t, a kssee, a managel, all overseer, an agent OI aIlY othel
person entitle.d to lawfully possess such prope.rry at the. paltic.ulal time. in volved shall cadi
be rcsponsible for eompliar1ee ~ith tillS article and each may be punishe.d for violation Oftilis
article. It shall not be a lawful defense to assert that somc other pe.lson e.ause.d stle.h noise,
but tile lawful possessor of the. premise.s shall be responsible. for operating OI maintaining
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2002-0-04
9
such ple.mises in compliance with this article and shall be punished whethel or not tLc.
pelson actually causing such noise is also punished.
( c) Upon eOll v ietion of bcing in v iolation of this article tmee (J) times fol the same offcnse
w itIlill a t wcl ve (12) nlont11 period, w hen such noise is el eated by the sallle rlotiee e,lhi ttu 01
same ty pc of l!oise e,lllittel, tLc. noise ele,ating e,quipmcnt shall be, GOl!fisGatcd by the court
folIo V\< ing SUGh latcr con v iGtioll urltil sudl til11e as tIle, offcllder Gan pro v e, to tIlG Gity coullcil
that k is prepared to, arld, in faGt, will opelate said equipment V\<itIlin the linlits of tllis
article. furtllU violation shalllesult in the pelmarlent confiscation by the court upon sueh
eon v iGtion.
Sec. 10-33.
Same - Injunction.
The ope.ration or mainte.nancG of an) de v ice, instnnnent, v chicle or machinery in violation
of any provision hereof endangers the. eomf\.1rt, rGpose, health and peace ofrcsidents in the arGa and
is dGclarGd to be a public nuisance and may be subject to abatement summarily by a rGstraining ordc.r
01 injunction issued by a court of eornpetG11tjwisdiction.
Sec.. 10-34.
Explanation of tables, synlbols, ukulations, meaSUl ements, etc.
The Env'ironmental Ploteetion Ag..ney has declared that noise is an insidious form of
pollution that may affect at least eighty (80) million Ame.rieans. It is the inte.nsity of the. noise. that
is producing the harmful effects. Vv'hat is the me.aswe of inte.nsity? The decibel is a measwe of the
rdative. inte,llsity of a noise, arId the decibel is abbrGv iated dll. There are. marlY dee.ibel se.ales, but
thc one which is used in rcfcle.nce to the human e.ar is the dD(A) or "A" sGale.
The dD(A) scale is alogarith1l1:ie seak. This means that if the "mowlt of noise is doubled,
then thele has beel! all increase of G dD(A), if there is fow (4) times as much noise., then the.re. has
bee.n a 12 dD(A) inercase, etc. Thm, if a noise was mcrc,asc,d from forty-fivc, (45) dD(A) to ninety
(90) dD(A), the intcnsit) has not doubkd but has incrc,asc,d a thousandfold.
Ze.ro dD(A) lepresents the faintest sound which a human carl detect, while one hundred fort}
(140) dD(A) lc,prc,sent's thc, maximum noisc, level that thc, mnnan Gar Garl tolerate. That is, allY noisc"
hO matte! of V\<hat dUlation, V\<hieh is one hundred fol't) (140) dD(A) will cause some PG.manent
impairmGnt to hearing. IIowe. ve.r, the. same. type. ofhe.aring darnage. e.arl oeGW if one is repeatedly
e.xposed to ninet) (90) dD(A) for eight (8) hows a day. In OthC.l words, it is both the. intc.nsit) of the
noise and the length of expostl1e time that is emcial. Thelefore, \."Ve can tolerate. a ve.ry inte.llse. noise
fol a sho. t pe.l iod oftime. arId a kss intense noise fOl a longe.l pel iod of time. Table I of this article
shows tLc. kllgth of time at various noise levds that tile. fcde.lal gOvelllllle.nt has declared to be
harmful if 011e. is repeatedly exposed. If one is exposed to one or a combination ofthe.se kvcls for
tile time sho wn or for a longer pe.liod of timc",thGn he rtl11S the risk of ineuuing pc,rmane.nt hearing
toss:-
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2002-0-04
10
TI!e footnote to Table I de5elibe5 the method by which several 5epalate exposmes to
differcnt sound levels dming a day ale to be treated in detGlmining whetl!er or not the eombihed
exposme is within PGlmissible limits.
As all illustration, aSSUlue that.111 employee works six (G) hours of an eight (8) hOUl day ill
an alea in wl!ieh the souhd level is nihety (90) dD(A) but one al!d tll1ee-qUal1elS (1 3/4) hOUlS ill
eaet day he is in an alea of one hundled (100) dD(A), and fOl fifteen (15) minutes each day he is
in an alGa of one hm!drGd fivG (105) dD(A). This adds up to six (G) homs at ninety (90) dD(A).
pelmissible lin!its.
A5 an illustration, assmne that an employee works six (G) homs of all eight (8) hOUl day ill
an area in which the sound level is ninety (90) dD(A) but one arId tluee-quartc.rs (1 J/4) homs in
each day he is in an area of one hmldrcd (100) dD(A), and for fifteen (15) minutes each day he is
in an area of one hundred five (105) ~D(A). This adds up to six (G) hours at ninety (90) dD(A).
permissible duration of exposure, eight (8) homs, one and three-qUatteI (1 J/4) hours at one hundred
(100) dD(A). permissible e,xposure, two (2) hours, and one-quarte,r hour at one hundred five (105).
dD(A). pelmissible exposure, on homo Tabulating it, we, have,.
Actual time
Pel missible Time
ft om Table I
The I atio of
ac.tual time to
pel missible time
dD(A)
(Table I)
C'
(hOUlS)
T
(hOUl .'I)
Cn/Tn
90
100
105
G
n~
,/~
8
2
1
G/8
1 )~ / 2 7/~
'/~ / 1 - 2/8
TOTAL. - G/8 I 7/8 I
2/8 - 15/8 - 1.87
rutting these, values into an equation, we get. G/8 I 1.75/2 I 0.25/1 - G/8 I 7/8 I 2/8 - 15/8
- 1.87 (tIus is gre,ater than one). Since, tIU5 total exeee,ds unit} (1), the daily exposme, is above the
pelmissible limit, even though the total exposure at each sormd kvel i5 below tile pennis5ible
duration for that level.
Table II describes levels for certain areas in the city and for night .l!ld day. TI!ese lin!its, if
exceeded, ~ould produce arl1loyanee within the nc.ighborhood. Table III sets limits fOl luotO!
vehielcs. V chicles ate the most significant noise makels and their intellsit) ~arrarlts a special table.
The intensit} of a noise i5 n!casmcd WitIl a somld pre,55mc level mcte! which rcgistGls the
intensit} of the, noise in dD(A). The meter is read by noting the ddlcction of a needle-. Sil!ee tl!c
ncedle fluctuates it takes time to obtain a reliable measme,. TIms, according to this at1icle, the noise
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2002-0-04
11
Ie v el luU5t be mea5Ul ed fOl tIll ee (J) eumulati ve minutes ilJ. all ho tl1.
The sound prcsswe level meter is all ac.ewatc way to mea5Ule noisc intensity. It is an
objceti vC ll1easUling tool, and tIlUS its usc avoids the subjeeti ve cstimatcs ahd argunlehts pIe v iousl)'
used in noise oldinallecs.
PART B.
ENACTMENT OF THE NEW ARTICLE II (NOISE) OF
CHAPTER 10 (HEALTH AND SANITATION) OF THE CODE
OF ORDINANCES, CITY OF EDGEW A TER, FLORIDA.
Article II (Noise) of Chapter 10 (Health and Sanitation) of the Code of Ordinances was previously
. hereby repealed in its entirety and the following new Article II (Noise) is hereby adopted:
CHAPTER 10 (Health and Sanitation)
ARTICLE n. NOISE
Sec. 10-20. Definitions.
Ambient noise - all encompassing noise associated with a given environment. usually being a
composite of sounds from many sources.
Cultural event - any event drawing a large attendance for enlightenment or recreation purposes
which in the sole determination of the City CounciL has or is likely to become a community event
integrated into accepted social practices or traditions. (Does not include recurring events such as
Bike Week and Biketoberfest.)
Decibel- a unit in which the levels of various acoustical quantities (sound) are expressed.
Emergencv - any occurrence or set of circumstances involving actual or immanent physical trauma
or property damage which demands immediate action.
Emergencv work - any work performed for the purpose of preventing or alleviating the physical
trauma or property damage threatened or caused by an emergency.
Noise - any excessive sound which annoys or disturbs humans or causes or tends to cause an adverse
psvchological or physiological effect on humans. The term is synonymous with sound.
Noise nuisance - continuous or repeated sound that interferes with the rights of others by causing
damage. annoyance or inconvenience with noise that exceeds the limits set forth in Table I.
"-i,:,f."" 1,- "'''..,:.:... .
Noise sensitive zone - An area which contains a hospitaL nursing home. schooL court or other
designated facility. Noise sensitive zones are those zones created by the City Council upon a finding
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2002-0-04
12
that the subject area contains a land use which is sensitive to or subject to adverse reactions from
nOIse.
Person - any individual. association, partnership or corporation, and includes any officer, employee,
department, agency or instrumentality of the United States, State of Florida or any political
subdivision thereof.
Plainlv audible - any sound that can be clearly heard by unimpaired auditory senses based on a
direct line of sight of 50 feet or more, however words or phrases need not be discemable and said
sound shall include bass reverberation.
Real orooerty line - the property boundary that corresponds with the lot line and runs along the
ground surface, and its vertical plane extension, which separates the real property owned, rented or
leased by one person from that owned. rented or leased by another person, excluding intrabuilding
real property divisions.
Sound - an oscillation in pressure. stress. particle displacement. particle velocity or other physical
parameter. in a medium with internal forces. The description of sound may include any characteristic
of such sound. including duration. intensity and frequency that is considered to be continuous.
repeated noise. This term is synonymous with noise.
Sound level- the weighted sound pressure level obtained by the use of a metering characteristic and
weighting scale as specified by ANSI standards, if the weighting employed is not indicated. the A-
weighting shall apply.
Sound level meter - an instrument used to measure sound pressure levels when properly calibrated
and is of Tvpe 2 or better as specified by ANSI standards.
Sec. 10-21. Policy.
It shall be unlawful. except as expressly permitted herein, to cause a noise nuisance or to
make, cause or allow the making of any noise or sound which exceeds the sound level limits (dBA)
set forth in this Article. Noise emanating from the subiect property after the owner has or should
have knowledge of the noise nuisance condition shall be deemed to continue with the permission
ofthe property owner.
Sec. 10-22. General restrictions.
!ill No person shall operate or cause to be operated any source of sound from any subject parcel
in such a manner as to create a noise nuisance or sound level which exceeds the limits set
forth for the use occupancy in Table 1. when measured at the property boundary of the
subiect property from which the sound emanates.
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2002-0-04
13
ilil Sound or noise emanating from one use occupancy category into another use occupancy
category with a different noise leyellimit shall not exceed the limits of the use occupancy
category into which the noise is projected.
TABLE 1
Noise Restrictions
Use Occupancy Catel!:orv Time Sound Level Limit (dBA)
Residential 8:00 AM - 9:00 PM 60
9:00 PM - 8:00 AM 55
Commercial 7:00 AM - 10:00 PM 65
10:00 PM - 7:00 AM 60
Manufacturing All times 75
Noise Sensitive Zone All times 55
Sec. 10-23.
Specific noises prohibited.
In addition to the maximum permissible sound level limits set out in Table 1. and unless otherwise
exempted by this article or by act of the City. the following specific acts. or the causing or
permitting thereof. are hereby declared to be in violation of this article:
ill Horns. signaling: devices. and other similar devices - the sounding: of any horn or signaling
device on any automobile or other vehicle. except as a danger warning: the sounding of any
signaling device for any unnecessary or unreasonable period of time as determined by a law
enforcement or code compliance officer: and the unreasonable use of any signalin!J: device.
Noises of safety signals. warning devices. emergency pressure relief valves and bells and
chimes of churches are exempt as are train horns. in approach of a crossing or as notification
of an emergency situation as well as noises resulting from any authorized em"ergency vehicle
when responding to an emergency call or acting in time of emergency.
ill Loudspeakers. public address systems - Use or operation of any loudspeaker. public address
svstem or similar device such that the sound there creates a noise disturbance within a noise
sensitive zone or any other use occupancy in accordance with Table 1.
ill The intentional or repeated creation of a noise disturbance through the acceleration. turning
or stopping of anv motor vehicle.
ill Animals - Owning. possessing: or harboring any animal which. frequently or for continued
duration. howls. barks. meows. squawks or makes other sounds which create excessive and
unnecessary noise across a residential or commercial real property line or within a noise
sensitive zone. For the purposes of this ordinance. "barking dog" is defined as a dog that
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2002-0-04
14
barks, bays, cries, howls or makes any other noise continuously and/or incessantly for a
period of ten (l0) minutes or barks intermittently for one half hour or more to the
disturbance of any person at any time of day or night. Provided, however, that a dog shall
not be deemed a "barking dog" for the purposes of this Article if. at any time the dog is
barking or making other noise, while a person is trespassing or threatening to trespass upon
private property in or upon which the dog is situated or any other legitimate causes for which
the dog is provoked.
ill Loading and unloading - Loading and unloading, opening, closing or other handling of
boxes, crates, containers, equipment. building materials, garbage cans, dumpsters or similar
obiects between the hours of7:00 PM and 7:00 AM on weekdays and 7:00 PM and 8:00 AM
on weekends or holidays within 150 feet of a residential property line or noise sensitive
zone.
@ Construction or demolition - Operating or causing the operation of any tools used in
construction. drilling, repair, alteration. or demolition work between the hours of7:00 PM
and 7:00 AM on weekdays, or between 6:00 PM and 10:00 AM on weekends or holidays
within 150 feet of any residential or noise sensitive zone, except for emergency work by
public service utilities or by special permit approved by the City. This section shall not
apply to the use of domestic power tools.
ill Domestic power tools - Operating or permitting the operation of any mechanically powered
saw, drill: grinder, lawn or garden tools or similar tool between 10:00 PM and 7:00 AM on
weekdays, or 10:00 PM and 8:00 AM on weekends and holidays, unless said equipment is
operated inside a building or other structure so that the sound therefrom does not travel
across any residential real property line or noise sensitive zone. All such equipment shall
be properlv muffled and maintained in working order so as not to create excessive or
unnecessarY nOIse.
Sec. 10-24. Classification of use occupancy.
For purposes of defining the Use Occupancy Category the City's Land Development Code
shall describe residential. multi-family, industrial and commercial designations. All property
containing permanent sleeping quarters, other than sleeping quarters in public lodging
establishments, shall be considered residential use. All public-lodging facilities, as defined by
Florida Statute 509.013 (4) shall be considered commercial use. All premises containing businesses
where sales, professional or other commercial activities are conducted shall be considered
commercial use. All premises where manufacturing is legally permitted shall be considered
manufacturing use. In case of multiple uses, the more restrictive use category shall prevail.
Hospitals, nursing homes. schools, libraries and churches shall be considered uses within a noise
sensitive zone.
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2002-0-04
15
Sec. 10-25. Measurement standards.
The following standards shall be used in the measurement of sound level limits of noise:
ill The measurement of sound or noise shall be made with a decibel or sound level meter
operating on the A-weighting scale of any standard design and quality meeting the standards
prescribed bv the American National Standards Institute for a sound level meter. The
instrument shall be maintained in good working order and calibrated prior to each use.
Measurements recorded shall be taken so as to provide a proper representation of the noise
source. The microphone used during measurement shall be positioned so as not to create any
unnatural enhancement or diminution of the measured noise. A windscreen for the
micropl1one shall be used when required.
ill The slow meter response of the sound level meter shall be used in order to best determine
that the average sound has not exceeded the standards set forth in Table 1.
ill The measurement shall be made at the property line on which such noise is generated. or
perceived. as appropriate. five feet above the ground.
ill In the case of an elevated or directional sound or noise source. compliance with the noise
limits is to be maintained at any elevation at the boundary.
Sec. 10-26. Waivers for cultural events.
The sponsors of a cultural event. which will occur infrequentlv and which reasonablv may
not meet the noise standards and regulations provided above. mav submit a request for waiver to the
City CounciL along with proposed precautions and conditions. The sponsors shall also provide 15
davs written notice to affected property owners within 500 feet of the proposed event. including a
description of the event and proposed conditions. the name and telephone number of a-contact for
more information. and the date and time when the matter will be considered by the City Council.
City staff shall review the proposal and comment on the reasonable expectations of compliance or
non-compliance with the provisions of this Article and the likely impacts to the surrounding
community. The oroposaL along with staff s comments. shall be reviewed by the City Council at
an advertised public hearing. Any waiver granted will specify which provisions of this Article are
waived. the times they are waived. and any additional conditions which apply.
Sec. 10-27. Enforcement.
Code Enforcement and the Police Department shall have primary enforcement responsibility for
this Article.
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2002-0-04
16
Sec. 10-28. Penalties.
ill Criminal - Any person, organization or corporation violating the provisions of this article
shall. upon conviction, be subiect to the penalties provided in Section 1-8 of the Code of
Ordinances of the City of Edgewater. Violation of this Article is a second degree
misdemeanor. Violators may be given a "notice to appear" or in the appropriate
circumstances a physical arrest may be made.
ill Cease and desist order - Upon determination by the Police Department that a source of noise
is being conducted in violation with this article, the police department shall issue an order
directing the operator thereof to cease and desist such operations until the violation is
corrected. If an owner fails to comply with a valid, duly served cease and desist order, he
shall be guilty of a misdemeanor and punished as heretofore provided.
ill Civil proceedings - Upon detemiination by the city manager or his designee that a source
of noise is being conducted in violation of this article or a cease and desist order issued by
the police department in addition to other remedies provided by this article and in the laws
of the State of Florida, the city manager or his designee may, upon authorization by the city
council. institute any appropriate action or proceedings to restrain, correct or abate such
violations or otherwise prevent the unlawful use of such noise operation or the unlawful
operation of such facility by any person. Upon conviction of three (3) violations of this
Article within a 12-month period, the noise creating equipment may be confiscated by the
Court until the offender can satisfy the Court that he is prepared to and in fact will operate
said equipment with limits of this Article. Further violation shall result in the permanent
confiscation by the Court upon correction.
Sec. 10-29 - 10-39. Reserved.
PART C.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
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2002-0-04
17
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PARTE.
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 ofthis ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts C through G shall not be codified.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
After Mdtion by
and Second by
the vote on the first reading ofthis ordinance held on Aprill, 2002, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
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2002-0-04
18
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 Dennis A. Vincenzi
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
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2002-0-04
AYE
day of
, 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.
19
:~
I ~
RECEIVED
MAR 2 1 2002
Community Developmen<
March 20, 2002
Attention: City Council, Edgewater, FL
Subject: Special Activity - 4th Draft
Addressing Section two - Special Activity requirements, page 2
2. The number of special activities shall not exceed:
a one lO-day period and two I-day events between the period of January 1st
through June 30th and
bone lO-day period and two I-day events between the period of July 1st
through December 31 st
At this time we have several entertainment bars and as the city grows a potential
for more of the same type. I have no objection to their crowds and entertainment
during bike week and Octoberfest - INDOORS - one week (7 days) each event is
enough to ask of residents.
When visitors, prospective homeowners etc. visit our community, U.S. 1 is what
they see as our downtown. Will Edgewater Lakes and it's golf course appeal to
prospective buyers if they travel thru a shoddy downtown (US 1) to get to their
new home?
Surely those talented people who worked on our industrial park have visions of a
better look for the rest of Edge water. Ifthe city council loosens the restrictions,
we are inviting more bar business rather than attractive shopping.. I urge you to
look at this Section two again and consider revising it. I am attaching New
Smytlla's restrictions on noise. If they can keep their city free of noise and
beautiful so can we, with some hard work.
~r
Planning & Zoning B.oard Member
Don Masso's comments by telephone
on 3/26/02:
Keep our current Noise Ordinance or
adopt New Smyrna Beach's Ordinance
138-71
-
A
.'
NEW SMYRNA BMUt1 (,iVJ)!'J
'"
manufacturing is legally permitted shall be con-
sidetect manufacturing use. In case of multiple
use, the more restrictive use categoIy shall pre-
vail. Hospitals, nursing homes, schools, libraries
and church uses shall be considered residential
uses. Any area not otherwise classified shall con-
form to commercial standards.
erty line of any person operating such a
device onto any neighboring residential
zoned or used property; or playing, using,
operating or permitting to be played, used
or operated such device on a public street,
avenue or way of the city in such a man-
ner that the sound produced by any such
device is plainly audible for a distance in
excess of 25 feet. It shall be prima facie
evidence of a violation of this subsection if
the sound can be heard outside the limits
described in this subsection.
~
.
.,
Emergency work means any work performed
for the purposes of preventing or alleviating phys-
ical trauma or property damage threatened or
caused by an existing or imminent peril.
(Code 1975, ~ 21-82; Ord. No. 39-97, ~ 1(21-82), .,
10-28-1997) . (2)
Cross reference-Definitions generally, t 1-2.
See. 38-72. Scope of article.
The rules and regulations of this article shall
apply tn the control of all sound origiDatingwitbin
the geographical limits of ~ city. It shall be
unlawful, except as expressly permitted in this
article, tn make, cause or allow the malriQg of any
noise or sound in violation of this article.
(Code 1975, f 21-81; Ord. No. 39-97, t 1(21-81),
10-28-1997)
See. 38-73. Specific prohibitions against dif-
ferent types of noises.
In addition to the general prohibitions set out
in section 38-72, and unless otherwise exempted
by this article or by act of the city, the followiDg
specific acts, or the causing or permitting thereof,
are hereby declared tn be in violation of this
article:
'It (1)
Sound producing devices, boom boxes, ra-
dio receiver sets, musical instruments, pho-
nographs, tape players, compact-disc play-
ers, televisions, amplifiers and other Similar
devices. Playing, using, operating or per-
mitting to be played, used or operated $Ily
boom box, radio receiver set, musical in-
strument. phonograph. tape player, com-
pact-disc player, television. amplifier or
any other similRI' device for the produc-
tion of sound on property zoned or used
for residential purposes in such a manner
that the sound produced by any such .
device is plainly audible for a distance in' . .
excess of 25 feet measured from the prop..
'. CD38:4
Loudspeakers. Using or operating for any
purpose any loudspeaker, loudspeaker sys-
tem or Rimilal' device between the hours
of 10:00 p.m. and 7:00 a.m. on weekdays
and 10:00 p.m. and 10:00 a.m. on week-
ends and holidays in areas within or ad-
jacent tn residential. commercial or noise-
sensitive areas, except for any
noncommercial public speaking, public as-
sembly or other activity for which a spe-
cial perinit has been issued by the city.
(3) Street sales. Offering for sale, selling any-
thing or advertising by shouting or outcry
within any residential or commercial area
or noise-sensitive zone of the city, except
by special permit issued by the city.
(4) Ani11wls. Owning, possessing or harbor-
ing any Rnim81 or bird which, frequently
or for continued duration, howls, barks,
meows, squawks or makes other sounds
which create excessive and unnecessary
noise across a residential or commercial
real property line or within a noise-
sensitive zone. This provision shall not
apply to public ZOOS or private animal
attractions operated for profit to which
the pub1ichas general Mmi~on and which
are regulated by the city. For the purposes
. of this subsection, "barking dog" is de-
fined as a dog that barks, bays, cries,
howls or makes any other noise contiIiu-
ousIy and/or incessantly for a period often
minutes or barks intermittently for one-
half hour or more to the disturbance of
any person at any time of day or night,
regardless of whether the dog is physi-
cally situated in or upon private property;
;.
J
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Planning & Zoning
Board
Memo
RECEIVED
MAR 2 1 2002
Community Development
To: City Council
From: Ed Vopelak, Chairman Planning and Zoning Board
lJate: 3/21/02
Re:
Noise & Special Activity Ordinances of the City of Edgewater
Before I address specifically the resolutions, let me briefly digress.
I have attended every session relating to these matters over the past five (5) months and watched them
evolve into the latest version, which could be disastrous to the City. We would probably have been
enter off sticking with what we had. The most obvious and simplest solution to the noise problem
would be to prohibit outside entertainment.
Listening to all the propaganda articulated by proponents of the No Name Saloon, one would be let to
believe that it is a philanthropic organization, with a primary purpose of conducting benefits to help the
community and residents. One would also have to believe that these "Beneficial" functions
substantially increase the profit margins. It is non-productive to believe that the No Name Saloon or
any other bar is essential to the economic stability of Edgewater or would increase, in any significant
measure (if at all) other business activity. If every saloon in the City closed down, I doubt the economic
loss to the City could be evident. It should be noted that there are at least four (4) other establishments
within the City that can create a nuisance.
Our primary responsibility is to protect the welfare of the 19,OOO:i: residents of the City, not to enhance
the economic well being of the Saloons, or any other establishments that could create a problem.
I spend several hours every week walking along Riverside Drive and converse freely with any other
strollers.' I have found that residents as far west as Lime Tree are aware of the noise from the No
Name Saloon. _ Unfortunately even those individuals more directly disturbed don't want to get involved,
so they do not pick up the phone to complain. Members of my family have lived in Edgewater for about
50-years. For over 40-years EI Toro (No Name Saloon) or The Nice Place (Rich's) created little or no
noise nuisance detrimental to local residents. Strange as it may seem, for many years local residents
survived with only two primary liquor serving establishments.
".':y"::;':;~,:::'.
As relates to the proposed regulation, we would have been better served modeling our,..p.roposed
ordinances after those promulgated by the City of New Smyma, which are both stringent and protective
of the residents. What we are dealing with now are documents, particularly the Special Activities
Regulations, which could be seriously problematical in the future.
~:.~r.4.<:": ..
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Relating to the Regulation Noise Ordinance:
. Table One - Commercial establishment and residential properties are in many areas
contiguous, consequently sound levels for noise and the time frames for restrictions should be
equally stringent for both residential and commercial properties.
. Section Three (2) - This section is confusing. Does this mean that loud speakers are alright at
anytime, as long as the provisions of Table One are not exceeded? Maybe a reference should
be made to special permit requirements for outside entertainment.
. Section Four - Does one assume or is it clear that sales would include food and liquor or a
ticket to a special event (if required)?
. Section Six - See the section three notation for special activities which relates to distance
requirements and the preferable us of 1,000 feet for notification.
Special Activity:
. Section Two - This section as written could be disastrous to the City.. We are now subjecting
residents continuously for ten days, to noise, traffic congestion, parking on private property and
other mayhem. Such activity is appalling and totally unfair to the businesses and residents in
the community or passing through the City. Under this provision the City allows 24 randomly
selected days during which any of the establishments in the City could conduct an event.
Since we now have five (5) saloons in the city with special activity potential, we could look
forward to the possibility of 120 different days of noise, nuisance and mayhem. Of course if
more establishments wanted to enjoy this freedom the end result could be deplorable.
I would suggest allowing four (4) days total to be used concurrently or alone at anytime, at the
option of the applicant, however I still not favor any outside entertainment
. Section Three -.1 live about 3 Y:z blocks from the No Name Saloon and can hear noise, at low
levels, through my garage door and can similarly feel vibrations at times. As stated previously,
people as far as Lime Tree are affected, consequently it would seem reasonable to provide
notice to any property owners within 1,000 feet of an activity. The applicant should be required
to supply the names of the property owners and compensate the City for the cost of sending
out the notices. The same could be true for cultural events. The 300-feet provided for actions
before the Planning and Zoning Board was provided for a completely unrelated purpos~ and I
have always felt it was inadequate.
. Section Four - Add the following:
8. The applicant shall maintain adequate enforcement to prohibit attendee parking on
property not owned or leased by the applicant.
9. The applicant shall pay for any enforcement personnel necessary to carry out the
provisions of this regulation.
10. Be Careful!!! A civic group could include customers and employees of the No Name or
other Saloon conducting a "Charitable Evenf.
. Page 2
l
To: Darren Lear
From: Bob Garthwaite
Feb. 20,2002
428-4490
RECEIVED
MAR 2 1 2002
Community Development
Subject: Special Activitv- Draft 4
The city can either throw the B-3 zoned areas open to any activity that the business community wants, or
halt all special activities within the limits of Edgewater, or pass draft - 4.
Section -2 Limits the number of times and days that an special activity can be held by an individual
Business.
Section -2 Sets the time limits for outdoor entertainment.
Section -2 All three parts ofthis section seem to be fair to persons seeking a special activity permit and
the abutting property owners.
Section-3 Requires that the Special Activity Permit be reviewed by the City Council, which is as it should
be.
Sections -4 and 5 No comments.
Section -6 Is the building department manned up to perform these inspections?
Sections -7 and 10 no comments.
Noise Ordinance Draft-4
No comment other then if this ordinance passes it must be enforced
...
\
From:
Anton Heeb, P & Z Board Member
616 N. Riverside Dr.
Edgewater, FL. 32132
March 22nd. 2002
To:
The City Council
City of Edgewater
104 N. Riverside Dr.
Edgewater, FL. 32132
Re: Noise Ordinance - 4th Draft
Special Activity - 4th Draft
Thank you for the opportunity to express my views on the proposed
Ordinances.
It is my opinion the Noise Ordinance proposed is plausible especially
the definitions of noise and noise nuisance that annoys or disturbs and
interferes with the rights of others. The rights of others is a basic
precept of our society. Should it also be the basic precept of our city.
Regarding the table on Noise restrictions, the sound level limit for
residential time of 9:00 PM to 8:00 AM of 55 dBA should be reduced
to 50 dBA. The difference of 5 less decibels is considerabl~ during
night hours in residential neighborhoods. The persons that govern our
city should not pass laws that interfere with the peace and tranquility
of our existence during nighttime hours.
As regards the Special Activity Draft, it would appear to apply to any
person, group or entity that has occasion to hold a special activity,
with one very obvious exception. Under Section Two, item 2, one 10-
day period every six months is a concession to only one group of
businesses and in my very firm opinion the two 10-day periods should
be struck from this ordinance so that the rights of all our citizens may
not be infringed upon.
R;zz,Jr.1ttted;
~-
AIlton Heeb, & liard Member.
-
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AGENDA REQUEST
CM: 2002-030
~
. Date: March 18, 2002
PUBLIC
HEARING
RESOLUTIONS
ORDINANCE
OTHER
CONSENT April 1, 2002 BUSINESS
CORRESPONDENCE
ITEM DESCRIPTION:
Authorization for East V olusia Mosquito Control District to make low level aerial inspection and
spray flights.
BACKGROUND:
East Volusia Mosquito Control District annually requests cities to approve low level inspection and
spray flights under 500 foot altitudes with its helicopters over congested portions of incorporated
municipalities and unincorporated portions of Volusia County. The letter of request dated March
] 4, 2002, is attached.
o STAFF RECOMMENDATION:
Staff recommends the City Council approve the attached Letter of Authorization and authorize its
execution.
ACTION REOUESTED:
Motion to approve the annual request to perform low level flights over the City of Edgewater and
authorize the Mayor or City Manager to execute the document.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES X
NO
DATE: March ]9,2001
AGENDA ITEM NO. 7.A.
Respectfully submitted,
"
~<~
Kenneth R. Hooper
Ci ty Manager
KRH:ejm
F: \agendareq ueSls\mosq u i t 02002
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R<<ycl<8dPaper
March 14, 2002
County of VoCusia
PUBLIC WORKS I EAST VOLUSIA MOSQUITO CONTROL DISTRICT
JOHN GAMBLE
JONAS STEWART ASS'T MOSQUITO CONTROL DIRECTOR
MOSQUITO CONTROL DIRECTOR 801 South Street
1600 Aviation Center Parkway New Smyrna Beach, Florida 32168.5864
Daytona Beach, Florida 32114.3802 Phone (386) 424.2920
Phone (386) 239.6516 Fax: (386) 424.2924
Fax: (386) 239.6518
RECEIVED
MAR 7 8 2002
City Manager
City of Edgewater
I5.enneth Hooper, City Manager
P. O. Box 100
Edgewater, FL 32132-0100
Dear Mr. Hooper:
It is necessary under Federal Air Regulations of the Federal Aviation Agency for the East V olusia
Mosquito Control District to annually obtain a~:written request and authorization from the
appropriate official in each incorporated municipality"and the V olusia County Government,
authorizing the East Volusia Mosquito Control District to make low level flights under 500 foot
altitude with its helicopters over congested portions of incorporated municipalities and
unincorporated portions of V olusia County. 'Fhis FAA requirement is to make communities
aware that aircraft will be making flights under the minimum 1,000 feet to inspect for immature
mosquitoes, spray for immature mosquitoes and'spray for adult mosquitoes.
We will be prevented from making {~ fli\hts ov~r c~ested areas unless we obtain these
letters of authorization from the controlling governing bodies as FAA requires.
Populations of both potential disease bearing and pest mosquitoes will be suppressed by spray
flights in all areas where conditions wan'ant. Inspection flights and aircraft landings will be
made for the purpose of finding and treating immature stages of mosquitoes in their breeding
sites. This is our primary defense against mosquitoes.
We will attempt to post twilight and night time spray flights on our mosquito control office
answering machines prior to spraying. All such flights will be made in the public interest at such
times as are considered necessary, and under such conditions as are considered effective and safe,
for the purpose of providing comfort and public health protection for residents and visitors.
Weare concerned about communication towers in areas where we perform aerial spraying.
Please involve us in the planning of these towers to insure continued service to our citizens.
A Public Notice will be published in two major Volusia County newspapers.
CHARLES MECKLEM, Secretary
MOSQUITO CONTROL ADVISORY BOARD
CLARENCE O. NIELSEN, Chairman DONALD C. WITTENBERG, Vice-Chairman
"
Enclosed is an authorization form for your governing body signature. Please sign this form or
one like it and return it to us no later than March 31, 2002.
e; Ifthere are any questions you may wish to discuss, please call me at (386) 239-6516.
Since0/
Jona~:r
Director
Attachments
o
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LETTER OF AUTHORIZATION
We hereby give authorization to East Volusia Mosquito Control District to perform low-level
flightts over our city/town in connection with their inspection and aerial application of
insecticides for the control of mosquito larvae and adults in compliance with FAA regulations
explained in a letter from East V olusia Mosquito Control District during calendar year 2002
through April, 2003.
Signed:
Date:
Name Typed:
Title:
City/Town:
State:
ZipCode:
.
1~
~
AGENDA REQUEST
Date:March 20. 2002
Q
PUBLIC
HEARING
RESOLUTIONS
ORDINANCE
CONSENT X
OTHER
BUSINESS
CORRESPONDENCE
ITEM DESCRIPTION:
Two vacancies on the Recreation/Cultural Services Board.
BACKGROUND:
The Recreation/Cultural Services Board presently has two vacancies for membership. The
Board members interviewed two applicants for these positions at their previous meeting on
March 14, 2002. Interviewed for these positions were Joe Fishback and Gerald Balz.
o STAFF RECOMMENDATION:
Board members were impressed with both candidates and recommend Council place them both
as new members of the Recreation/Cultural Services Board.
ACTION REQUESTED:
Appoint Mr. Fishback and Mr. Balz as members of the Recreation/Cultural Services Board.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
o
Respectfully submitted,
~~ ~ tu. -3 QQ..t
Recreation/Cultural SerVices Board Secretary
~
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APPLICATION FOR 'APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
c:e ~ D let ( -:r ~y( ~'-\. ) ~(5 4 1- ?::-.
s: '1? \. v~ s.. ~'- \:) .1Z..
HOME PHONE Ll ~ 1 c:y (, l ~
NAME
ADDRESS 1>-;00
BUSINESS PHONE
OCCUPATION e.'U~c!:-J -+- 'P/l,..,. ,. \I.o,.~ ~ i~~4...-
Are you a resident of Edq~water ~-5 How long
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State your experience/quaJ:~:t:ications r~('.;;/.'::~...,COh~
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Are you 'a registered voter? tP
Is your principal place of employment in Edgewater?
if yes how long?
Briefly state your interest in serving on a City board, agency or
corrunittee: / J7h-1 A ~4!..,J;~'i)(!;t.c.1l:A. ~,")fiS71st<'/C; l4oAU2s')~
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Are you employed' by the ,CitY?~Do you ;ho~~:t:"Bub~icoffice'?,
At the preserittime, do you serve on any other Boards, ~gencies, or
corruni ttees? tJD If so; list each :..",
Have you ever served on any
If so, list each:
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boards, a,~encie's'" :or committees?
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(BOARD, AGENCY .AND COMMITTEE MEMBERS MAY 'BE REQUIRED TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE DmlCAD: BOARDS, AGENCIES OR Ca.sMI~D:ES YOU .
WOULD LIla: TO SERVE ON AND RANK ~BEM ACCOIU>ING TO' CHOICE BY NOMBl!:R
_ANIMAL CONTROL BOARD
_CITIZEN CODE ENFORCEMENT BOARD
_CONSTRUCTION REGULATION BOARD
_ECONOMIC DEVELOPMENT BOARD "
_FIREFIGHTERS PENSION B~
_GENERAL EMPLOYEES PENSION BOARD
_LIBRARY BOARD
~RECREATION & CULTURAL SERVICES
_PLANNING & 'ZONING BOARD
_POLICE PENSION BOARD
_VETERANS PARK AnV. CO~TTEE
OSIGNATURE DATE:
** SEE REVERSE SIDE FOR LIS~ING OF BOARDS, AGENCD:S AND Ca.sMITTEES** (REV 1-11-00)
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AGENDA REQUEST
Date: March 25. 2002
PUBLIC
HEARING
RESOLUTIONS
ORDINANCE
CONSENT April 1.2002
OTHER
BUSINESS
CORRESPONDENCE
ITEM DESCRIPTION:
Renew the three-year term for Beneditto (Ben) DelNigro, Sr. as a member of the Citizen Code
Enforcement Board
!lACKGROUND:
On March 21, 2002, the monthly meeting of the Citizen Code Enforcement Board was held. One
of the items for discussion was current and upcoming board vacancies. Mr. DelNigro's term is
due to expire on May 17, 2002. The Board unanimously approved the motion to recommend Mr.
DelNigro's term reappointment.
STAFF RECOMMENDATION:
Staff recommends that Mr. DelNigro be appointed to another term as a member of the Citizen
Code Enforcement Board.
ACTION REQUESTED
Motion to approve the reappointment of the term of Mr. DelNigro to the Citizen Code
Enforcement Board.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/ A
PREVIOUS AGENDA ITEM:
NO
x
YES
DATE: N/A
AGENDA ITEM NO.
Concurrence:
~/A-
Robin L. Matusick
Legal Assistant
Keni~. Hooper
CIty Manager
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104 N. RIVERSIDE DRIVl:
, P.O. Box 100., Edgewater. Fle-rlda ,~2132-0100
.' I (904) 426.324? ,SunCom 3 i 'I, 7005
APPLICATION lrOR APPOIN'rMEN'l' TO CITY
BOARDS, AGENCIES OR C~OMIIITTEES
N~B, //!UJre'// .:;-1: .l?nfj6-I-fC=~-:: -;-;r
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OCCUPATION ~{;Jl?h~'?'M)l.A/ P/al?/bE~ C 'H-~bDglg-oS:- !lDI4S./~ C.7'/,
Are, you a resident of, Edgewater L(€.S How long I yi5,1fA:,
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Is your principal place of employment in Edgewater? AYe
, , if yes how long?
Briefly'state your in~er~st in~erying on a city board, agency or
committee: ~A'/~/'z.€ '11fE Po 7(:/../71 #1 <... tlF t)qA::. CrJl?lmt(~ 17 '1
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~~ you hold public office? ')Vo
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At the present time, do you serve on any other Boards, Agencies, or
committees? 'No ~f SO,' list each:
Have you ever served on any boards, agencies, or committees? ~D
If so, list each:
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(BOARD, AGENCY AND CO~ITTEE MEMBERS MAY BE REQUIRED TO FILE WITH
TJ:lE ~TATE, FINANCIAL DISCLOSURE: ,FORMS EACl! YEAR)
PLEABB'INDICA~1 BOARDB,AGENCIEB OR COMMI~EEB YOU
WOULD LIKE ~O BERVE ON AND RANK ~HEM ACCORDING ~O CHOICE BY NUMBER
_____BEAUTIFICATION & TREEpOMM. ,~~BUILDING TRADES REGULATORY &
APPEALS BOARD
". ,~3 ---6_CITIZEN CODE ENFORCEMENT BOARD
~CITIZENS COUNCIL ADV. COMM.
PLEASE INCLUDB RBSUU
_____FIRE PENSION BO~RD
_____INDUSTRIAL DEVELOPMENT
_____LIBRARy BOARD
___GEIIERAL EMPLOYEES PENSION
..2. -2s:.-LAIID DEVELOPMENT & REG. AGENCY
__POI.ICE PENSION BOARD
~P~1KS AND RECREATION ROARD _____VETERANS PARK ADV. COMMITTEE
\-1.
_SENIOR AD H05fOMMI'r'IEE ~ / . :. d /
o II GNAT URE_ . /tk;,.# g &~d- · ___DATE: P5 .2 <-J /992-
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,. SEE REVERSE SIDE FOR LISTING or,BOARDIJ, AGRNCInS AND COMMITTEES..
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THE CITY OF EDGEWATER
POST OFFICE BOX lOO-EDGEWATER, FLORIDA '8l/,f~?d)JfOAil1): D7
APPLICATION FOR APPOINTMENT TO CI TY
BOARDS, AGENCIES OR COMMITTEES
~ \.( aJr ~ @ f"t -ns \ e.. '-{
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ADDRESS-2.b K,.,. t"'~\ \ \ ~ LOll'> Q.., ~0\ (\~\ 11 ~- ~~r')
HOME PHONE L./;;. &--1 R%C) BUSINESS' PHONE 1-/9.. 3 .' ('), <;'--C'J 4
OCCUPATION ~ I w r\ P r- C 1J. 1l\-<2'~\~\ \= C'Ui''1'' \ '-1 "K <.:' ~\.\- - }~ \ \
Are you a resident of Edgewa ter ',J Y_<; How \ long / ,>;" l~: (~l...'~
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Is your principal place of employment in' Edgewater? j(~) ~
if yes how long? I~,. ,:0 \'~
Briefly state your interest in serving on a City board,\~agency or
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commi ttee :....J I I , r.u.l (j\ \ \ \( ('1 -\- (\ 1-CL\((:lJ ~ \1'\ 0 (' e
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c.omml ttees? ~\() If so', "~Tlst each:
boards, agencies, or committees?
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If so, list'teach: ,'~~'
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(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE nmICAD BOARDS, AGENCIES OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY HUMBER
~ ANIMAL CONTROL BOARD
~CITIZEN CODE ENFORCEMENT BOARD
_____CONSTRUCTION REGULATION BOARD
_____ECONOMIC DEVELOPMENT BOARD .
_____GENERAL EMPLOYEES PENSION BOARD
~LIBRARY BOARD
~RECREATION & CULTURAL SERVICES
~PLANNING & ZONING BOARD
_____POLICE PENSION BOARD
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_____FIREFIGHTERS PENSION BOARD ~VETERANS PARK ADV. COMMITTEE
SIGNATURE '\ DATE: L, / I, / C" 0
** SEE REVERSE SIDE FOR LIST:tNG OF BOARDS I ,AGENCIES AND COMMITTEESH ((REV 1-11-00)
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City of Edgewater
Code Enforcement
P.O Box 100. 1.39 EAsT P.-..RK AVENUE
Eooe:w'-"TER. F"LORIO.-.. .3Z I .3Z-o I 00
'-
rAJt . 004'424'242.:1
SUHCOH' .:16.)'2412
cooe EH"ORCCHeHr
904.424'24 I 4
January 24, 2000
Ms. Delores Cucanich
1906 Travelers Palm Drive
Edgewater, FL 32141
RE: Request for Appointment to the Citizen Code Enforcement Board
Dear Ms. Cucanich,
o
During the January 20,2000 regular meeting of the Citizen Code Enforcement Board,
you were selected to attend the Febru!ry 17, 2000, Board meeting for an interview of
applicant's prior to the Board's recommendation to the City Council for appointment.
The February meeting begins at 5:30 p.m. in the Community Center located at 102 N.
Riverside Drive.
Please RSVP with either Beverly or Jon in Code Enforcement at the phone number listed
above by January 31,2000.
If you have any questions or require further infonnation, please do not hesitate to contact
.. .. ..
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Beverly Kinney-Johnson
Code Enforcement Officer
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THE CITY OF EDGE WATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
Mayor Donald A. Schmidt
District 1 Councilman James P. Brown
District 2 Councilman Dennis A. Vincenzi
District 3 Councilwoman Harriet E. Rhodes
District 4 Councilwoman Judith R. Lichter
City Manager Kenneth R. Hooper
City Attomey Scott A. Cookson
City Clerk Susan J. Wadsworth
Legal Assistant Robin L. Matusick
Asst. to City Mgr. Elizabeth J. McBride
INTER-OFFICE MEMORANDUM
EDGEW A TER, FLORIDA
TO:
FROM:
C.M. NO:
DATE:
SUBJECT:
Mayor and City Council . J ' L .
Ken Hooper, City Manager J1'f""
2002-044
April 1, 2002
YMCA Contract
A letter was sent to the YMCA on March 4, 2002, notifying of non-compliance with several
conditions defined in the City/YMCA Agreement. During the 30-day notice period, the YMCA has
provided the following:
I) A letter indicating the Corporate Board of the Greater Daytona Beach Area
YMCA has unanimously approved an application for a loan of $700,000 for
construction of the pool, bathhouse and associated pumping equipment;
2) cost estimates from a General Contractor indicating the pool and bathhouse.
can be completed as permitted. (Estimated cost of $732,118);
3) payment from YMCA for $100.00 for lease of the facility for FY 2002;
4) payment of $55,753.11 to City for outstanding loan debt; and
5) compliance with existing State and City permits for construction of pool and
bathhouse.
I believe the YMCA has responded to the City's "Notice of Default" letter and is in full compliance
with the terms and conditions of the existing agreement. The YMCA staff has worked diligently to
bring and conditions into compliance. No further action is recommended and the pool and bathhouse
should be completed by June 2002.
KRH:ejm
F:\memos\ymcacontracl040 I 02
CITY MANAGER'S OFFICE
104 NORTH RIVERSIDE DRIVE
(386)424-2404 FAX-(386)424-2421
~
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City A4. l(J(Jl
q/]qr,
~er
March 28, 2002
Mr. Ken Hoopcr
City Manager .
The City of Edgewater
P.O. Box 100
Edgewater, FL 32132-0100
Dear Mr. Hooper:
I am very pleased to inform you and the Edgewater City Council that the Corporate
Board of the Greater Daytona Beach Area YMCA has unanimously agreed to approve the
additional funds needed to complete the YMCA pool project.
The YMCA Board is 100% behind the partnership with the City of Edgewater and fully
supports the efforts of the volunteers in the Southeast V olusia area.
We have firmed up the cost of the overall project (attached) with the final cost of
$732,118. The YMCA Board is truly excited about completing the project and looks
forward to a continuing strong relationship with the City of Edgewater.
We thank you for your ongoing support.
Sincerely,
/7
:~~
RanctfA. Brown
President/CEO
Greater Daytona Beach Area YMCA, Inc. - 825 Derbyshire Rd.
Daytona Beach, Florida 32117 - 904-253-5675 - Fax 904-255-5426
. A ..~'-
G,Co' '\
YMCA mi~~ioD: To put Christian principles into practice through programs that build healthy spirit, mind, and body for all.
6.
-;
SOUTHEAST VOLUSIA YMCA
AQUA TIC CENTER PROJECT
1. 5,000 sq. ft. Pool- includes pool layout and excavation. Water
features include raindrop, spray nozzle, water slide, gas heater,
safety and cleaning equipment.
$456,000
2. Sitework, decking, storm damage, equipment canopy, collector
tanks, plumbing electrical, deck drains, general contractor on
site, sod, fencing, concrete roads, building pad, retention area,
swale around pool for water runoff.
$106,858
3. Bathhouse 1,000 sq. ft. restrooms, storage room, outside equipment $169,260
storage cover, open air area for checking in swimmers and work
station. Meet State and City code requirements for bathrooms.
Total Cost for Project
$732,118
~
3-28-2002 11 : 16AM
FROM SUNTRUST W ORMOND 386 676 0037
f-'.~
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HOLUB DEVELOPMENT COMPANY
posr Office Box 730086
Ormond Beach. Florida 32173-0086
Telephone: 1904) 677-76) 7
Facsimile: (904) 677-7630
VlA HAND DELIVERY
March 26, 2002
Randy Brown
Chief Execut'ive Officer
Grc.\ter Daytona Beach Area YMCA
51 ('~nr.Ct Street
Ormond BC.lch, FL 32.174
Bob Ludlow
c/o Sun T rllst Bank
] 60 North Nova Road
Ormond Beach, FL 32.174
RE: YMCA Site ImprovementS - Bath House
Edgewater, Florida
Dear Randy and Bob:
PleCls~ find attached the revised estimate for the site work. Please note that the amount
inchldes Cl revision, deleting the cxcav,\tion and shc\1 rock 0" the overflow parking area and
inclu~ion of the concrete drive area from the parking lot t(l the pump equipment AreR.
Site Work Cost
$106,858.00
Please note the Site Improvements QWJ!ificaaons - Exdu$iomi attached her~to.
Please also find listed bdc)w an estimate for the building cOII:-otrl1('.tion. which is now based
on the rcviseJ plans prepared by Robert Owens, Architect, .I:Il:ed December 18, 200HPfan
.!>-b.et:ts AI, AZ, A3, A4', ~ EJ, E2, EJ and PJ).
TO!.'ll Building Construction U>$t
$169..260.00
Toral Site ;md Building COlJStrucaon
$276,718.00
If you would like to proceed with this work, please aJvise and we will prepare a
Construction Contract, including the appropriate Exhibits.
RESIOENTlAL . COMMFRllA1 . n JqnM RI !Ii T H(')MI=<.;
..
3-28-200211:16AM
FROM SUNTRUST W ORMOND 386 676 0037
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Pl<:i\$C note that commen\;emcnt of work can OCCUr wit.hin 7 days from receipt of the
executed Construction Contract and depo:sit with an estimated completion time of 60 - 80
days.
Please contact me if you requite any additional information.
With kind regards I remain,
cc: File
3-28-2002 11 :17AM
FROM SUN TRUST W ORMOND 386 676 0037
f-'.a
1
EXHIBIT I~ 11
Estimated Site - Misc. - (,ost
(Revised 3/25/02)
1. Staff Parking Sign/Post $ 1S0.00
2. Rt:move \Vhccl Stop $ 50.00
3. Extend 62 1.f. 8" sewer and
4" 5anitary service line $ 3,200.00
4. 200' of silt fence and install
(if required) $ .300.00
.s. 6' high chain link vinyl coated fence
500 1.f. plus (2) 4' gates (1) 6' gllte $ 3,400.00
(Privacy !lIars not included)
Deduct for ga/YtUJized <.$ 1,400.00>
6. Sidewalk, 300 s. f. between existing
bldg and pool deck, 250 s.f. by pump
equipment MIL $ 1,400.00
7. 65 l.f. of l' deck dT:lin and 70 I.f. of
4n dr~in ripe $ 3,800.00
8. Water service including 2" gatt: valve,
box, 22 l.f. 2 >> water service (Meter supplied
by CitY) excludes all impact fees IInd meter
deposit! cost $ 2,950.00
9. Pool deck, base on 4" thick COncrete slab,
formed, poured and broom finished, based
on compacted and grilde ready conditions
12,646 s.f. $29,355.00
10. Prep deck area, grade ,md compact for
concrete work $ 1,250.00
11. Mise'; contingency $ 3,000.00
12. Misc. Site denn up $ 1,000.00
3-28-2002 11 :17AM
FROM SUN TRUST W ORMOND 386 676 0037
P.5
1
13. Extend sidewalk from parking lot to gate/deck
area
$ 1.300.00
TOTAL
$51,155.00
(Rev 3/25/02)
3-28-200211:17AM
FROM SUN TRUST W ORMOND 386 676 0037
P.6
Site Improvements
Qualifications - Exclusions
1. Excess fill to be spread on site if possiblc; if haulc.J off site. there ~hnll be a per
load <.:h:uge of $27.00.
2. Gas Main Ex.tension, including connection of ga:; line to pool equipment and
water heater for bath house by others.
3. Excludes silt fence by pool area!constniction.
4. Excludes all pool supply and return lines pool equipment and pool b,l.ck wRsh
line.
5. Exdud~ all sod, landscaping and irrigation. (Plt-ase supply plans for hid).
6. Excludes concrete curbing at temporary parking lot.
7. "Excludes all permit fees, impact fees, inspection fees and meter dc::posits.
8. PC)(.>1 deck estimate based on 4" thick concrete over COlllpilcted sub base using
commercial fiber mesh and expansion joints per plan (no steel wirc/rcbar).
9. . Exclude~ pool collector tanks.
3-28-2002 11:17AM
FROM Sl.t-JTRUST W a:M)ND 386 676 0037
P. I
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OWNER
lOT
BUILOER
YMCA - EOGEWATER
SLOCK
PRESTIQU~ bEY. IN~.
FLORIDA
BUILDING CONSTRUCTION ESTiMATE
CDNSTRUCTION COST BREAlCl:lOWN
SI'l'B WORK ONLY
, PHONE
SU8DIVISION'-
PHONE 071:7617
SUNTRUST BANK, EAST CENTRAL
ITEM
pRICE
~'
Architect & plans
i~~r~;al
SDeCla Fees
80nd Insurance
i~: fii~l~~,
ewer Ta se t c T~nk
ter a__ ee_ Wel
SUSCONTRAClOR/SUPPLIES
(For Site Lavout)
','+;
1:1
0.00
SUBTOTAL 51.350.00
ITEMS II
c:learin Site
F1
under A & 0 Co. Bid
n r A D CD. 81
0.00
concrete
concrete u!,bor
Footer
"'asonr~,
Ma50yr Labor
Stee
jSIUl1l~'na
ili
Frll/1l~n La~or
l. ~ terial
E ect; ~i;:~u~,na
Insulation
earam1C T1 Ie & $1 11$
Ilnd~~ t ST1~ D&5.
Stucco S one Brie
eat1na
." co"'''''"'~
tffi;Pr~:~r
rlm u r rs
Trlm LabOr
Cablnets & vanltles
Mlrrors & Nedlclne
Shower & Tub Enc.
AI~ I lances
E c~rical rixture5
Intercom '
pa1~tino - Int & Ext
.. iI'
. ~~t~)f}~t~~Lsklmct
S A ow~nce
P~i Call Tank/Allow.
v 1
Mar ware
i~;;::':, ~::l'''A''
0:00
~.oo
&~I-
~:8t
15..,1
U
iT
0.00
0.00
!:~,~:
- 'M~'SC. S1 te
~i i::;
$";'31:00
ITEMS IU
HOW F~~
:;~~~c lOll Fees
Const. Loan Fln. eosts
const. loan Interest
Loan ~IOSina costs
R.E. ommlSslon
Overhead & Prorlt
" of S
'l"OTAL
20.225.00
U06.$!l8.00
signature
REVISED 3/25/02
;r
_ FROM : SWA A~CHI ~'ECTS
-,
FAX NO. :3864265018
Mar. 27 2002 10:14AM P1
~
SCHWEIZER
WALDROFF
ARCHITECTS
Incorporole"
Ii12CI2/11.
N4R 1 7 eD
c. 2002
~~
'anaUer
Tuesday, March 26. 2002
Jack Corder
City of Edgewatar Parks & Recreation
P.O. Box 160
Edgewater. FL 32132-0100
Via facsimile: 424-2416
RE: YMCA Edgewater
Dear Jack.
As you know, we completed the design and construction documents for the YMCA Edgewater
In September and October 2001. We hove fWo Invoices that remain unpaId for completed
work and expenses totaling $5.202.00.
We have contacted the YMCA Greater Daytona Beach in December, January and February .
to check the status of payment. In December, we were told to expect payment In February.
It is 0 unique situation since the property Is owned by the City of Edgewater and our contract
for design is with the YMCA.
We would appreciate anything you could do to help expedite payment of these Invoices.
Regards,
uv- ~
Scott Waldroff
Attachments: InvoIce #3 and Invoice #.4
137 Carlo! 51,001 - New Smvmo 6eOCt). rlOl1OO 32168 . 386-426-0456 . tax306426.5016
. ernoIl; swo@cff.rr.com
lIC""sO . AA.0003143
,.
7 FROM : SWA ARCH i TECTS
:;
ARCHITECTURE INVOICE
INVOICE NO.
DATE:
TO:
BILLING PERIOD:
PROJECT MANAGER:
FAX NO. :3864265018
~
SCHWEIZER
WALDROFF
^f<C~llECTS
,(\,':"'_HP:-";~'='C
3 YMCA Edg9water
15-0ct -01
YMCA Edgewatcr
The Greater Daytonnl3eoch Area YMCA
8?5 C>et'byshire I~oad
Daytono 8eoCh. FL 32117
9!l5/O1 1hrovgh IOIlA/01
Corson Kapp
Mar. 27 2002 10:14AM P2
COPY
BASIC SERVICES
Schema He De:;jgn
[)g:;lgn Development
Construction Documents
~idding
Construction Administration
SUBTOTAL
LESS pr~IOR INVOICES
TOTAL BASIC SERVICES:
$4.050
S5.4OO
$10.800
$0
$0
$20.250
< $17,550 >
$2,700
SO
SO
SO
so
$0
1 (X)% complete 0' 15% ( $4.050 ) of fee:
Hm complete of 20% ( S5.4oo ) of fee:
1 00% complotG of 40% ( S 10.800 ) of fee:
0% complete of 5% ( S 1.J50 ) of fee:
0% complele or 20% ( 55.400 ) of fee:
1 (X)9'o 527.000
EXTRA SERVICES
Clerical
Drafting Technician
Archltecl
Engineer - Structural. MEP or other
Engineer. Civil
TOTAL EXTRA SERVICES:
0.00 hrs al 530 perhr.
0.00 hrs at $30 per hr.
0.00 hrs al $55 parhr.
0.00 hrs at $75 pee he.
0.00 hrs at 575 perhr.
EXPENSES
Blueprints (In-house)
Plots (In-house)
Check Plots (in-house)
Blueprints (cont(oet)
Plots (contract)
Copies
Copies (contract)
Postage
TOTAL EXPENSES:
fTOT Al payment due
Pleose moke check payable to: SWA
FEE SCHEDUl.E:
Fee for Basic Services Is:
23
o
o
$621.70
$0.00
2
so 00
S7.29
x
x
x
x
x
x
x
x
Sl eo.
56 an.
$3 co.
lH)%
110%
$0.10
110%
110%
$23
$0
SO
$664
SO
$0
$0
S8
$716
$3,415
Due upon receipt. thank you,
l:STlMATEO FEE:
9.~ of the cost of construction currently e~ttmat~d at:
$300,00)
9.00%
$27,000
137 Canol Str~9f N;:>w
306.426.0456 p 11 0 n 8 :>86.>126.5018 , 0)[
$myrn(1 B'i::1och. Florida 32168
o mail: s w a @ c f , .r (, com
,,~
l
FROM : SWR ARCHrrECTS
:
-;
ARCHITECTURE INVOICE
INVOICE NO.
DATE:
TO:
BILLING PERIOD:
PROJECT MANAGER:
FRX NO. :3864265018
P!'
SCHWEIZER
WAlDROFF
ARC~ITECTS
: "".: -: f::: .:r o~ (ol.::J
..s
IS-Nov-OJ
YMCA Edgewo1er
HIe Greater Daytona Beoch Areo YMCA
825 DQrbyshite Road
Daytona Oeoch. FL 32117
10/15/01 tIlrough 11/14/01
YMCA Edgewoter
Corson Kopp
Mar. 27 2002 10:14RM
P3
COfPY
BASIC SERVICES
Schematic Design
DQslgn Development
Construction Documents
BiddlnQ
Construction Administration
SUBTOTAL
LESS pr~IOR INVOICES
TOTAl8ASIC SERVICES:
<
$4,050
$5.400
$10.800
$ l.35O
$0
$21.600
$20,250 ;.
Icm, complete of
1 CKJ% complete of
lCXJ% complete at
100% Gomplete of
0% complete of
15% (
20% (
40% (
5% (
20% (
100%
$4.050 ) of f00:
S5.4OO ) of fee:
$10.800 ) of fee: .
$ 1.350 ) of ree:
$5,4CJO ) ot fee:
S27.()(X)
0.00 hrs 01 $30 pcrhr.
0.00 hrs 01 S30 perhr.
0.00 hrs at $55 per hI.
0.00 hrs ot 575 per hr.
0.00 hrs or 575 per he
o
o
o
S370.6<1
SO,OO
2
526.23
$0.00
$1 eo.
$(, eo.
S3 ea.
110%
110%
SO.IO
110%
lTO%
$1.350
EXTRA SERVICES
Clerlcol
Droftir)g '[ echnlcion
Architect
Engineer - Structural. MEP or ott1el
Engineer - Civil
TOTAL EXTRA SERVICES:
SO
$0
$0
SO
$0
EXPENSES
Blueprints (in-house)
Plals (in-house)
Check Plots (in-house)
Blueprints (contract)
Plots (contract)
I Copies
Copio:; (contro<;t)
Postage
TOTAL EXPENSES:
ITOTAl payment due
Please make check payable to: SWA
FEE SCHEDULE:
Fee for Basic Services is:
x
x
x
x
x
x
x
x
SO
$0
SO
S408
SO
$0
$29
SO
$437
$1,787
Due upon receipt, thank you,
ESTIMATED FEE:
9.cm, of the cost ot construction currently estimated 01:
S3OO,000
9,00%
$27. ()(X)
1:)7 Canal Street N~w Smyrna Beach, Florida 32168
386.426.Q4:x, fJ t1 aile 386.476.5018 fax g m a II: s w a @ c f I .r r. com
MEMORANDUM
FlEC€/II€D
APn 0
., ] lOOt
City Mana
rye,
TO:
Mayor and Council
All Department Directors
FROM:
Michele L. Goins, Finance Director
VIA:
Kenneth R. Hooper, City Manager
DATE:
April 1, 2002
RE:
Fiscal Year 2003 Budget
Budget time is here again! Listed below is a tentative agenda for the budget schedule for
fiscal year 2003. If there is any problems with the dates, please let us know as soon as
possible. ~ . d
A~ .7-2- - IbV ()
May 28th Departments budget worksheets for both the General Fund and the
Enterprise Funds are due
June 3rd through
June 7th
Discussions with each department concerning their requests.
. June 17th
Council to receive proposed budget
June 27th
Council Work Session (Both Funds) - tentative
July 15th
Council authorizes advertisement of proposed tax rate
September 9th
15t Public Hearing
September 23th
2nd Public Hearing