07-10-2000
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Voting Order
Mayor Schmidt
Councilman Brown
Councilman Vincenzi
CourciJwoman Rhodes
Councilwoman Lichter
AGENDA
CITY COUNCIL OF EDGEW A TER
REGULAR MEETING
July 10, 2000
7:00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROVAL OF MINUTES
A. Regular Meeting of June 19,2000
3. PRESENT A TIONSIPROCLAMA TIONSIPLAQUES/CERTIFICA TES/DONA TIONS
A. Paula Rager, secretary for Chemical People for Drug Free Youth, requesting
support of their project to seek funding for additional counseling in area
schools.
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. 2nd Reading, Ord. No. 2000-0-12, staff recommending approval of the new
Land Development Code and Official Zoning Map. Sections concerning the
storage of boats and recreational vehicles, restoration of vehicles and the
prohibition of temporary carports have been deleted and will be reviewed by
an appointed Citizen Ad-Hoc Committee (tabled from June 5, 2000).
B. Res. No. 2000-R-12, Property owner Glen Herbert, 503 N. Riverside Drive,
requesting a variance from the shoreline buffer and from impervious surface
requirements.
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. Construction Regulation Board Appointments (3) - Councilman Vincenzi,
Councilwoman Rhodes and Councilwoman Lighter, respectively, to consider
appointing Scott Waldroffto fill the remaining term of Robert Howard, who
resigned~ and reappointing Charles Cobb and Andrew Hunt for another 3-
year term, both requested reappointment.
B. Professional Grant Writer/Consultant Contact - Approval of proposed
Professional Services Agreement.
8. OTHER BUSINESS
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Continued on page 2
City Council Agenda
July 10,2000
Page -2-
9. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
1) Discuss existing agreement for placement of convenience benches.
2) Discuss amending a portion of Chapter 10 (Health and Sanitation)
Article V (Weeds, Grass and Brush; Standards for property
Maintenance)
10. CITIZEN COMMENTS/CORRESPONDENCE
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 you comments to five minutes
or less.
2) All items for inclusion on the July 24, 2000, agenda must be received by the City Manager's
office no later than 4 :30 p.m. Monday, July 17, 2000.
Pursuant to Chapter 286, F.s., if an individual decides to appeal any decision made with respect to any matter considered
at a meeting or hearing, that individual will need a record of the proceedings and will need to insure that a verbatim record
of the proceedings is made.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings
should contact City Clerk Susan Wadsworth, 904-424-2407, prior to the meeting.
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F:\agendas\ag071000.reg
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, ,, ZO 1910 Umbrella Tree Dr.
.\‘_ Edgewater, FL 32141
rt'V ONO . July 3, 2000
To whom it may concern:
My name is Paula Rager. I am secretary for the group
called Chemical People for Drug Free Youth. As you know,
all of our projects are aimed at helping youth to make right
decisions about drug use.
For the past two years we have been searching for grants to
enable us to fund additional counseling in area schools.
This year, we found a grant that will enable us to provide
additional counselors in schools. I am asking to speak at
your meeting to educate the city about our search and to ask
them to provide VERBAL backing of our project. The search
is to unite school, community and families. We are only
asking that you be behind us.
Thank you for your time.
• cerely,
/
, /6
Paula S. Rag, (904 23 -3727)
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AGENDA REQUEST
Date: June 30, 2000
PUBLIC
HEARING X RESOLUTION ORDINANCE X
OTHER
CONSENT BUSINESS CORRESPONDENCE
ITEM DESCRIPTION:
Approval of new Land Development Code and Official Zoning Map.
BACKGROUND:
This is the second reading for adoption of the new Land Development Code and Official Zoning
Map. At the June 19, 2000 meeting, Council appointed a Citizen's Review Committee to
address certain sections of the new LDC. The committies recommendations for those sections
will be brought back to the Council at a later date.
STAFF RECOMMENDATION:
Staff recommends approval of the new LDC and Official Zoning Map.
ACTION REQUESTED:
sl Approval of the new LDC and Official Zoning Map
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES X NO
DATE: June 5, 2000 AGENDA ITEM NO. 6.A
June 19, 2000
Respectfully Submitted By:
(33acc?fopica:Licj Lynne Plaskett, Legal Rev
Planning Director , \�
Kenneth R. Hooper
City Manager
ORDINANCE NO. 2000 -0 -12
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, REPEALING ORDINANCE NO. 880, AS
AMENDED, SAID ORDINANCE BEING APPENDIX A (THE
ZONING ORDINANCE) OF THE MUNICIPAL CODE OF THE
CITY OF EDGEWATER, FLORIDA; REPEALING
`law ORDINANCE NO. 94 -0 -26, EXISTING LAND
DEVELOPMENT CODE; CHAPTER 2 -46 THRU 2 -59,
CITIZEN CODE ENFORCEMENT BOARD; CHAPTER 2 -101
THRU 2 -105, SUPPLEMENTAL CODE ENFORCEMENT;
CHAPTER 3 -1 THRU 3 -10, ADVERTISING SIGNS; CHAPTER
4 -3, ALCOHOLIC BEVERAGES; CHAPTER 7, ARTICLE XII,
SATELLITE DISHES; CHAPTER 9.5, FLOOD CONTROL &
DRAINAGE; CHAPTER 11 -29 THRU 11 -33, JUNKYARDS;
CHAPTER 14, PLANNING AND ZONING GENERALLY;
CHAPTER 17, ARTICLE III, PARKING REQUIREMENTS;
CHAPTER 18, TRAILERS, MOBILE HOMES, RECREATION
VEHICLES, PARKS AND PARKING; CHAPTER 19 -111
THRU 19 -122, WELLFIELD PROTECTION AREAS;
CHAPTER 20, WETLANDS PROTECTION; REPLACING
THE REPEALED SECTIONS WITH A NEW CHAPTER 21 OF
THE CITY CODE; SAID CHAPTER 21 BEING THE
OFFICIAL LAND DEVELOPMENT CODE, AS REQUIRED
BY CHAPTER 163.3202, FS, FOR THE CITY OF
Ilarr
EDGEWATER, FLORIDA; SAID CODE PROVIDING FOR
THE SUBDIVISION OF LAND; PROVIDING FOR THE
REGULATION OF LAND AND WATER TO ENSURE
COMPATIBILITY OF ADJACENT USES; PROVIDING FOR
OPEN SPACE; PROVIDING FOR THE PROTECTION OF
POTABLE WATER WELLFIELDS; PROVIDING FOR
REGULATION OF AREAS SUBJECT TO PERIODIC
FLOODING; PROVIDING FOR PROTECTION OF NATURAL
RESOURCES; PROVIDING FOR THE REGULATION OF
SIGNAGE; PROVIDING FOR CONCURRENCY
MANAGEMENT; PROVIDING FOR SAFE ON -SITE
TRAFFIC FLOW; PROVIDING FOR THE LOCATION OF
TELECOMMUNICATION TOWERS; PROVIDING FOR
HISTORIC PRESERVATION; PROVIDING FOR THE
REGULATIONS OF AIRPORTS; PROVIDING FOR THE
PREVENTION OF FIRE AND HAZARDS; PROVIDING FOR
A NEW OFFICIAL ZONING MAP AND PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND FOR ADOPTION.
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2000 -0 -12
WHEREAS, on May 21, 1990, the City of Edgewater adopted the City's Comprehensive
Plan (Ordinance 90 -0 -18) pursuant to the requirements of Chapter 163, Part II, Florida Statutes and
Now Chapter 9J -5, Florida Administrative Code; and
WHEREAS, on November 23, 1992, the Florida Department of Community Affairs
determined the City's Comprehensive Plan was IN COMPLIANCE with the requirements of Chapter
163, Part II, Florida Statutes and Chapter 9J -5, Florida Administrative Code; and
WHEREAS, Chapter 163, Part II requires the City to implement the adopted Comprehensive
Plan by Land Development Regulations; and
WHEREAS, Chapter 163.3202, Florida Statutes requires adoption of a unified Land
Development Code which contains all regulations related to the development of land in the City; and
WHEREAS, the Local Planning Agency held a public workshop on December 16, 1998, and
N'' public hearings on January 27, 1999, January 19, 2000, and April 12, 2000, to consider the proposed
Land Development Code, (Chapter 21 of the City Code); and
WHEREAS, after consideration of the public testimony at those hearings, the Local Planning
Agency determined the proposed Land Development Code is consistent with the City's
Comprehensive Plan and that it substantially meets the requirements of Chapter 163.3202, Florida
Statutes; and
WHEREAS, the City Council conducted public workshops on May 8, 2000, and May 25,
2000; a first reading/public hearing on June 19, 2000; and a second reading and public hearing on
July 10, 2000; and
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2000 -0 -12
WHEREAS, the public was provided notice of these meetings by advertisements in the
Observer (a newspaper of general circulation in the City of Edgewater) and by posting the schedule
N at City Hall and the Edgewater Library; and
WHEREAS at these public meetings, the City Council received and considered the public
testimony and input regarding the proposed Land Development Code; and
WHEREAS, the City has complied with the procedure for enacting ordinances as described
by Chapter 166.041, Florida Statutes; and
WHEREAS, the City Council recognizes that it is critical to adopt a Land Development
Code which meets the requirements of Chapter 163.3202, Florida Statutes; and
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater, Florida:
PART A. CREATION OF A NEW CHAPTER 21
lita"` There is hereby created a new Chapter 21 of the City Code known as the Land Development
Code. The new Chapter 21 of the City Code is attached hereto as Exhibit A and incorporated herein
by this reference. The Land Development Code shall contain all City regulations concerning the
following:
(1) Zoning, subdivision and use of land within the City
(2) Compatibility between adjacent land uses
(3) Requirements concerning open space in development projects
(4) Consistency with the land and water uses in the adopted Comprehensive Plan
(5) Protection of potable wellfields and sensitive lands
Irk "' (6) Provisions for stormwater management
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Underlined passages are added.
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2000 -0 -12
(7) Control of signage and billboards
(8) Location of telecommunication towers
't... (9) Concurrency Management System Requirements
(10) Provisions for safe and convenient on -site vehicle and pedestrian traffic flow
(11) Provisions for annexations of lands, amendments to this Land Development Code,
amendments to the adopted Comprehensive Plan and the abandonment of public
rights -of -way
(12) Provisions for historic preservation
(13) Provisions for airport regulation
(14) Provisions for fire and hazard prevention
PART B. CONFLICTING PROVISIONS.
rrr► 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.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such portion shall be deemed a separate, distinct and independent provision and
the holding shall not affect the validity of the remaining portions of this ordinance.
PART D. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon passage and adoption.
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2000 -0 -12
PART E: CODIFICATION
It is the intention of the City Council that the provisions of this Ordinance shall become and
'.., be made a part of the City Code and that sections of this Ordinance may be renumbered or relettered
and the correction of typographical errors which do not affect the intent may be authorized by the
City Manager without need of public hearing, by filing a corrected or recodified copy of the
Ordinance with the City Clerk.
PART F: ADOPTION.
After Motion by Councilman Brown and Second by Councilman Vincenzi, the vote on the
first reading of this ordinance held on June 19, 2000, was as follows:
AYE NAY
Mayor Donald A. Schmidt 'tar Councilman James P. Brown X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
sa r
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2000 -0 -12
___ After Motion by and Second by , the vote on the
second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
""kilo' PASSES AND DULY ADOPTED this day of , 2000.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Donald A. Schmidt
City Clerk Mayor
Robin L. Matusick
Legal Assistant
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2000 -0 -12
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THE CITY OF EDGEWATER
POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100
s
Mayor Donald A. Schmidt City Manager Kenneth R. Hooper
District 1 Councilman James P. Brown City Attorney Scott A. Cookson
District 2 Councilman Dennis A. Vincenzi City Clerk Susan J. Wadsworth
District 3 Councilwoman Harriet E. Rhodes r1 Legal Assistant Robin L. Matusick
District 4 Councilwoman Judith R. Eichler Asst. to City Mgr. Elizabeth J. McBride
4
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INTER- OFFICE MEMORANDUM
EDGEWATER, FLORIDA
TO: Mayor and City Council
FROM: Ken Hooper, City Manager
c)...,
C.M. NO: 2000 -067
DATE: July 10, 2000
SUBJECT: Citizen's Committee for RVs, Boats, Temporary Carports
The first meeting of the Citizen's Committee was conducted July 6, 2000. The turn-out was very
good (only Mrs. Terry Madewell was unable to attend) and the initial meeting was very productive.
The Committee elected Harold P. Card as their chairman and David Ross as their vice - chairman.
The Committee agreed to meet every other Thursday (starting July 20, 2000) at 7:00 p.m. and work
towards a completion date within six months. Lynn Plaskett and I will attend the meeting and
provide information requested by the Committee.
KRH:ejm
cc: Lynn Plaskett, Planning Director
CITY MANAGER'S OFFICE
104 NORTH RIVERSIDE DRIVE
(904)424 -2404 FAX -(904)424- 2421
F:\memos\citizensldc71000
CITY OF EDGEWATER
CITIZENS LAND DEVELOPMENT CODE REVIEW COMMITTEE
JULY 6, 2000
6:00 P.M.
COMMUNITY CENTER
MINUTES
CALL TO ORDER:
City Manager Hooper called the meeting to order at 6:00 p.m. in
the Community Center.
City Manager Hooper informed the Committee
ROLL CALL:
Members present were: Harold P. Card, Ferd Heeb, J. Michael
McKay, Dan Holland, Mike Aloise, Dan Sylvester, David Ross, Burt
Madewell, Don Sanders, Robert Blum, Paul Jenkins, Andy Anderson,
Dan Loeffler, Elizabeth Donahue, Ed Bailot, Richard Jones, Ray
Jarrett, and Bill Schroeder. Terri Madewell was excused.
Also present were City Manager Kenneth Hooper, Planning Director
Lynne Plaskett, and Deputy City Clerk Lisa Bloomer.
Deputy City Clerk Lisa Bloomer swore in the new members.
GENERAL DISCUSSION:
SUNSHINE LAW:
City Manager Hooper defines they can't talk to other members of
this board or any other board that will vote on these issues
except at these meetings. Must be at publicly advertised
meeting. Ethics commission has no problem with husband and wife
serving on same ad hoc committee. Can't talk at home what will
be talked of here.
Mr. Holland stated citizens say those two speak in private,
apprehensional harm to decision. Mr. Ross individual citizens.
Dan Holland husband and wife. Law that says whatever we do we do
under sunshine at publicly advertised meetings. Same rules apply
to Planning & Zoning and City Council and other appointed and
elected boards. Mr. Bailot what about committees. Meet in
public meeting. City Manager Hooper can have meeting that is
advertised. Edgewater Landing hold meeting subcommittee. Break
into subcommittees and discuss subjects. Meeting must be
advertised. Public attend. Only talk about what is presented on
agenda. Any outside contact need to disclose. Other part are
financial disclosures. Same thing that any of the other boards
have to go through. Financial disclosure forms. Source of
1 T
income, now how much you make. Everybody that handles money with
city does one. Identifies source of income. Mr. Jenkins stated
even if someone raised issue about husband and wife. Two people
wouldn't be able to control vote. Majority. CM advisory role,
going back through Planning & Zoning to City Council. Issue
would probably be at that level. Will take shape . Discussing
issues and meet like tonight. Jenkins financial disclosure heavy
for this kind of committee. School Board never signed anything
or financial disclosures. City Manager Hooper read law.
Subcommittee of something like that. Land use and zoning
decisions. Mr. Holland public record. Not exactly directly
involved with Planning & Zoning. Bring opinions and feelings of
citizens. They evaluate. Necessary. City Manager Hooper stated
it is. Mr. Ross it is. Served on ad hoc in orange county six
years ago. City Manager Hooper changes. Served on Charter
Committee had to do same thing. Not a big deal when you see
form. File with supervisor of elections. Mr. Jenkins their
recommendations going to Council. Not just Planning & Zoning who
will comment. Mr. Ross minutes going directly to Council. Mr.
Card understanding ad hoc committee of Council not make
recommendations to anyone but Council. City Manager Hooper will
find out.
Mr. Holland need to get clear. Mr. Jenkins if going back to
Planning & Zoning not interested in wasting time. Ms. Plaskett
rest of meetings different secretary. Help to identify voices on
tape.
City Manager Hooper any clarifications. Committee make report
back to Council than to Planning & Zoning. Will bring that up
with Council and have them directly which way they prefer to go.
Ross notification June 20 The Council has asked that
recommendations be presented to them no later than December 18,
2000. Present at meeting. Motion was it would be ad hoc to
report back to Council. Need to be advised. CM Council meets on
Monday July 10 Process to adopt LDC goes through Planning &
Zoning. The Code itself is being adopted. The second reading is
coming up. Catch up with amendment to add to it. Process
normally to amend would take ti back through P & Z to Council.
Mr. Heeb not be hasty. Planning & Zoning recommendations be
presented to Council in tact. Planning & Zoning can attach
anything they want to and make any kind of comments. Rebuttal.
Recommendations of committee to be presented to Council in tact.
Mr. Ross agree never seen done. If this committee can make
recommendations only to Planning & Zoning that they be presented
verbatim as recommended or else not considered by Planning &
Zoning he would agree with that. Not his experience.
Recommendations do with as they please. Mr. Card Planning &
Zoning conducted number of meetings previous to this at which
point they came forward with recommendation. That recommendation
was found lacking for one reason or another by Council at the
point of which they turned it back to ad hoc com. Initial
thought this is ad hoc committee of Council, appointed by Council
to address these questions. Extent in which they operate. City
[3 T If
Manager Hooper informed committee Councilman Vincenzi was
present. Mr. Jones agreed. What wording will be used to present
to Council. Final ordinance format. City Manager Hooper will be
in final format. When it goes back, he would like it to be
inserts into the book. Modifications without anyone else's
version of what they meant. Lynne run with it. City Manager
Hooper stated if goes back to Planning & Zoning , assured,
recommendations will go back in tact. Planning & Zoning if have
comments, will be shown but won't alter recommendations. Same
with staff. Council will hear what he thinks too. Mr. Jones put
in language in ordinance form. They can do that or City
Attorney. Will get done easy. In tact take through and turn it
around. Final meetings they will go over exact language very
carefully so they don't have any problems associated with that.
Card question what resources available as committee from City.
City Manager Hooper himself at all or most of unless another
commitment. Lynne will be here about on same basis. City staff
that needs to be here at their request. Building Official or
Code Enforcement input. Any City staff will be available.
Adjacent cities that have wrestled with this. Lynne has put
together summary of what other local jurisdictions to. League of
Cities Association of Counties has model code. Can get copies of
sections that relate to that. Fairly generic. Open to hear what
committee wants. Mr. Card any of City staff, if they should
desire and need assistance of City Attorney one would be made
available to them. City Manager Hooper yes without a doubt.
Scott Cookson, contract employee, available on call. Will attend
this Monday's meeting. Mr. Card routinely attends Code
Enforcement Board. City Manager Hooper stated no, that deals
'strictly with code. Has talked to Mr. Nowell doesn't want to be
involved in writing the laws. He has to work with Code
Enforcement over enforcement. Mr. Card his only desire will be
enforceable. Mr. Sylvester reproduction of material, City be
responsible for distributing it. Lisa pinch hitting. Pat will
normally be here. Works in planning dept. Will get everyone a
binder. May be fair amount of it. Cities role to get
information they will need.
City Manager Hooper spoke about the schedule tasks. Six month or
so window. Nothing defined anymore detail than that. Open
ended. Would like to look at six months. Council would like
progress reports. He would like to look at targeting a six month
time period. Mr. Card concern. He believes what Council said
was that they did not want it to be longer than six months.
Present to Council they would want to present early enough to
where they could make changes to it and get it done within the
six month time line. Five month time line for themselves. Month
at end if unacceptable to Council to get together one more time
to discuss it. City Manager Hooper five or six month time frame
fits. If shorter, that is obviously good. Code scheduled for
second reading Monday night. Glitch committee put together that
will find things that aren't what they thought. What they want
isn't what they are getting. Two amendments done at same time.
Would be good to do that process.
D
City Manager Hooper thoughts and observations of how they want to
talk about it. Break up into individual committees. Everyone
work on same subject for awhile then break up. Spend some time
as a larger group understanding problem. People coming in and
giving their thoughts. County staff or city staff. Resources
they can do. Look at by -laws. Private cities. Public but many
private rules. Mr. Holland break into subcommittees and figure
out what problems are and come back and try to has it out.
Individual people with individual problems come back. See what
three groups did and see what accomplished. Short amount of
time. Each of the three situations will be very peculiar
different and personal. Received a lot of phone calls.
Specialize in beginning and look at each individual problem.
Look at as group. Mr. Heeb disagreed. Thinks they need to
understand problem. Group most of people in room have a personal
agenda. We own boats trailers RV. We need to understand why LD
Board and Staff and other cities come up with ordinances that
preclude people from having personal property on their real
estate. Once they understand why problem then they can attack
it. Come up with solution. Mr. Holland they are not here to do
that. Mr. Heeb come up with solution and understand problem.
Most cities have found solution limit size of vehicles allowed of
keep on property. Why City staff general rain of thought to put
restrictions on this type of property. Mr. Holland general train
of thought. Who has said they need to stop all of this.
Becoming something else. Change is good general may be something
other people don't see. Anderson thinks most important thing to
consider is what do most of the people in the City want. Vast
majority would like to see the changes. City Manager Hooper wish
he could agree. A lot of what you see here is staff derived and
directed. Point finger that is who they are pointing at. Going
around to homeowners association to get input. Only people in
front of City Council has been the opposite side. People called
Council members privately. For it but didn't show up. Hold
public meetings early. People come in and tell what opinion is
about RV's and boats. Right now guessing. Two in Florida Shores
and one in Edgewater Landing and one here. Twenty five hearing
across board. Public input early very good thing. Ms. Donanue
agreed with City Manager Hooper. A lot of people out there who
are leery about coming 'forward and saying what they think.
People call her and say they have got junk next to them can't you
do anything about it. City Manager Hooper Council has also
received. Mixed sediment. Fairly small number of calls compared
to calls that have concern about major decisions. Input from
all. Compromise if what they have done is close. Ms. Donahue
not as strict as some of old ones. City Manager Hooper hope that
is not correct. Ms. Donahue if had boat or RV beside house or in
back of house. According to this leave certain size in driveway.
Ross every see in writing. Ms. Plaskett in code. Current code.
Ross current code last written. Told less than six years ago had
to keep in rear yard. Ms. Donahue side or behind. City Manager
Hooper old code more specific but not enforced. Doesn't know who
he can blame. This Council wants response to complaints to code
enforcement. Added second code enforcement officer. Effort to
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try and make a rule that can be lived with that is enforceable.
That is where fear is. New rule to be enforced. Mr. Jenkins
thinks number of people complaining about problems next door is
smaller than the amount of people who own boats and motor homes.
Problems not coming from boats and motor homes. Different
situations of different people who don't take care of what they
have. Such uproar. He believes in what Elizabeth is saying.
Mr. Jenkins boat in right -of -way trailer broke. Current code
covers it how come no one did anything. Jenkins Constitution
document to protect the rights of the minority against the wishes
of the majority. Disagreed with Andy about majority issue. City
Manager Hooper not constitutional debate to talk of. Looking at
how they make neighborhoods more compatible for themselves and
neighbors. Property infringe. Mr. Loeffler main concern is when
they come up with. Not every situation of property the same.
Will have to put in exemptions or exceptions. Corner lot seen
from two streets. No back yards and big front yards. City
Manager Hooper how you actually screen. Some boats wouldn't want
next to house and some that wouldn't bother you. Hard to put in
writing. Mr. Holland homeowners meetings. Two at Florida
Shores. Edgewater Landing. There were also general ones held
here. Mr. Holland not directed toward homeowner associations.
Mr. McKay spoke of people calling. In light of Sunshine Law
issue, recommend they treat those calls. Come in and listen and
learn or sharing with them wouldn't be proper. City Manager
Hooper is proper. If someone not on Committee, that is part of
their role but encourage them to come here. Sunshine
prohibitions can't talk to anyone on committee. Can get public
input from anyone else. Mr. McKay share with public. City
Manager Hooper informed him yes. Call tell qualified. Can't
tell what other members think. Can't pass on information. Meet
with other Councilmembers but can't tell what other Council
thinks. Mr. Sanders each get copy of old codes. City Manager
Hooper old and new. Have summary. Find out where they want to
start and get information from beginning. Turn over to elect
Chairman. Mr. Card number of questions they need. to answer.
What was done originally? When and where meetings held.? Groups
like Florida Shores Association, percentage of residents members
of association. How can they get people together here.
Problem not just apathy but they have certain groups of people
who are active in certain areas who will move and be heard and
they are not getting opinions from other people. What can they
do with ShoreLines. Possibility of this and what kind of time
frames involved with. What can they do about people who won't be
back until Oct or Nov who have RV's or boats here. Come back to
surprise if they don't give them an opportunity. Problem ran into
was to be able to get information form the Bureau of Motor
Vehicles costs money for him as a private citizens. Assumption
City Manager could get information for the. How many trailers
and boats in this City. Very large percentage of population
early that they will want to deal with. Would like people's
opinion in regard to this. He knows everybody almost has had an
obvious vested interest of some sort. Put behind for a while and
find out facts. City Manager Hooper would say he's not convinced
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when he delivered first proposed deal. He knows he doesn't have
the facts. He has done a lot more research off the web and he
still doesn't know what is going on. Get into public. How they
do that and . how they can break down barriers he doesn't know.
But they should be able to figure that out. If they don't' want
to know. City Manager Hooper Shoreline available. Used in past
for surveys. No problem with that. Also access to water bills.
Shoreline returned mail. , Month lead time. Staff month to get
out. Mr. Card next deadline. City Manager Hooper could move up.
Mr. Card couldn't agree what they want questions on. A month to
know what they really want to know. Keep in mind, each one of
them spend only five minutes talking a night. They are going to
spend two hours talking. City Manager Hooper new chair run
efficient manner. Mr. Heeb be careful they don't study problem
to death. Sounds like five or six months is a long time but its'
not. Short time frame. When finished the central issue is going
to be how to deal with the irresponsible property owner. A
responsible boat owner takes care of property and works with
neighbors. Come up with solution with neighbor. How are they
going to allow people to have trailers RV boat trailers on
property and still deal with people who do that irresponsibly.
Start addressing. Mr. McKay believes when it comes time to
addressing those issues you get into public health safety and
welfare. Examine closely issues of weeds growing around trailer
that hasn't been moved. Aesthetics leads into the property value
issues. Get into public health safety and welfare and not write
an ordinance that unfairly impacts people with RV's and boats.
Everyone has an agenda. They have to look past that and try to
come up with something that is reasonable. Put their personal
interests to the side.
Mr. Holland obviously that people here take care of it. The
problem has been enforcing those people who leave derelict junk
laying around. Operational equipment not problem. Will all come
back to junk. Doesn't think it will be as hard a road as
everyone is. Mr. Aloise agreed with values. How many people on
committee are for changes and how many against. He feels that is
what they need to hear. People against new proposed codes and
for codes. Assuming all against them to their personal agenda.
Get people for its perspective. CM mixed committee. Not going
to please everybody and may not get pleased themselves. Dan
Sylvester trashy yards, safety issues to consider. Boats so
large that propellers stuck to side of road. Concerned more
about identifying all tasks they have to accomplish. Temporary
tents, boats RV's. Hopes he can put personal agenda aside to
answer questions property. Mr. Ross thinks one of main issues
they will address are they going to wind up saying this is a
negotiation and let's discuss the issues as if they were
negotiating or is this in fact a ste of issues that should not be
before Council because this community is recreational type
community. Need to clean up trash. Simple issues to address
compared to where his boat will be parked. Tough thing for
committee to address even before they gather data, not sure that
is his job. He thinks their job is to make a recommendation
D�a
based on their expertise and feelings. Not elected to serve
community. Why was there no objection at these other public
hearings. He does not subscribe to the Observer. If he saw and
they surveyed 10,000 people and told them there would be a public
meeting about the LDC how many people will show up. Way
presented to public, public at large do not recognize what it
means when it says there is a meeting regarding the new LDC.
Reason didn't have people at hearings. Negligent in his civic
duty. Mr. Madewell agreed with junk and safety. City Manager
Hooper thinks point whether negotiating or not. Personal opinion
without a doubt they are negotiating. Come out of committee with
recommendation. Thresholds. Will have to struggle and come up
with limitations. If they say no rules, will have to come up
with something. Mr. Madewell born and raised in Port Orange
moved away because he didn't like what they did with
restrictions. First time. Doesn't see where they have to even
have. He doesn't care what Port Orange and Ormond does.
Personal agenda. Don't use to tell us what we want to do in our
City. City Manager Hooper showing what others do. Going to be
forced to look at some type of restrictions. Ms. Plaskett big
picture long term. When make decisions think outside of where
they live. Florida Shores large subdivision. Will be city -wide
ordinance.
City Manager Hooper in future not having more Florida Shores with
this Code. More controlled subdivisions. Requirement mandatory
homeowners association. City -wide. Big developers knocking on
door. Didn't mean to offend anyone in Florida Shores. Sanders
concerned with property values and way neighbors yard look.
Doesn't like restrictions but knows there has to be restrictions.
One guy that piles junk in yard or doesn't register vehicles.
Mandatory must be registered and licensed. Stop a lot of the
junk they are talking about. Understand will have to be
restrictions. Safety and public health. Seems to be best
ammunition to fight back with. Boat and RV shouldn't be parked
by road. Not fighting as big a battle as they think they are.
Mr. Blum agreed with Mr. Heeb on the trash and things that should
be registered. A lot of boats in his neighborhood. 30' travel
trailer wont' go in back yard. Two years old. Junk should go.
Mr. Jenkins not sure they need to hold special meetings to get
public input. Council went through process. Encourage public to
come and have public session where they speak to them about
specific concerns and problems. General comments about
trashiness and not what is specific problem. Record of problems.
General comments or specific. Consider those. Develop rules
that cover health and safety but still allow them without being
too restrictive to keep what they want. A lot of problems don't
deal with boats RV's and tents. Besides Florida Shores, Flagler
small lots and limited on what they can do with their things. No
garages. Solve problems for them too. New developments. Will
still have to come under code meet city rules. Sunshine issue
can still talk to each other about other things. Would like to
see information wide because of canopy issue, requirements on
sheds, as far as tie downs. What required when inspect shed to
GI]
hold it down. Ms. Plaskett tool shed or larger shed, currently
120 square feet or less different requirements than 120 feet or
more. Mr. Jenkins would like both. City Manager Hooper give
both. Mr. Jenkins get information on what specific problems are
and then at their next meeting they could discuss those problems
and the issues of particular problems. Motor home that hangs
into right of way one or two feet but he can't get it in his side
yard or back yard; Possible solution for that person. Unique
problems they need to look at too. Mr. Anderson would like to
see this community clean up. A lot of nice areas in Edgewater
but also grubby. Grub comprised of trashy looking trailers and
boats. He had a trailer and rented a place on Hibiscus. Now
they will rent a spot 12' wide and 26 feet long for $26 per
month. He thinks if you can afford a 100,000 motor home you can
afford $50 per month. A lot of people that own vehicles can well
afford to have them in places out of view. Nicer looking
neighborhood. Not against boats and RV's. See some kind of
organized way in which they are kept. Fence or in back yard or
on side of yard with fence on it. Brother in law had trailer for
a long time. Lives in small west coast Florida community. Not
allowed to have RV's. Middle class neighborhood. Neat
neighborhood. All rent spaces and have places to put trailers
and RV's. He likes order. When you have order yo have
organization. Try to make neighborhood neater. Head if they
don't put these laws in so there is some conformity as to what is
happening in city with RV's. City Manager Hooper purpose of
committee. Wind up with some compromises. Mr. Anderson people
who spoke out have special interest. Had a lot to do with them
being vocal wanting to keep what they have. RV owners
stigmatized to extent. A lot not kept nice and not parked
correctly. Sticking out in right of way. People don't keep up
and maintain. He was thinking about a referendum on the November
ballot so everyone could vote and make their decisions known. Cm
possibility, fairly extreme possibility. He would much rather go
through this process. Difficult to draft language, extremely
difficult to do language of referendum. Gets difficult. Mr.
Loeffler storage. Vandalized in storage. City doesn't have
place for storage. Most things changed are grand- fathered in.
Will they take this into consideration. City Manager Hooper
committee needs to look at. Compromise that isn't in new
proposal. Can look at. Keep if you already have but can't buy
new one. Mr. Loeffler so many codes that aren't being enforced.
Junk safety and health issue. Bought house last August and has
spent a great deal of money there. Exceptions to every rule.
Elderly and people with low income. Ms. Donahue neighbor with
stucco coming off house. Organizations willing to help people
like that. Will help elderly. Canopies. Has seen what can
happen with a canopy in a storm. Watched canopy come out of
ground during Floyd and do cartwheels. Have to have some kind of
situation where they have to be firm enough and not go on someone
else's property. Boats and RV's bigger than their lots. RV boat
three or four cars. Everything clean. Looks like dealership.
Do something about that. City Manager Hooper numbers sizes and
so forth wrestle with. Mr. Aloise rebuttal. City Manager Hooper
LiGM
give everyone. Mr. Ross a couple of citizens not afraid of them.
Mr. Bailot new to this. Everything he has thought of has been
said. He is here to help anyone who needs help. Send away for
information. Very seldom to people by 24' foot motor homes.
Can't afford to put in lot and store it. Lived in Florida Shores
for 11 years. Costs more than his house. Did everything
according to code. He wasn't told about length by his real
estate broker. He doesn't see anything wrong with them as long
as they are kept up. Enforce junk. Mr. Jones looking at
comparison chart. Edgewater liberal compared to neighbors. Oak
Hill more restricted. Didn't understand what was wrong with old
ordinance. Only problem was size out of date. Vague and allowed
Code Enforcement to make own interpretations. He thinks they
should have a survey. Use City newsletters. Group this large a
lot of time to get business done. He thinks they should divide
the group into three major groups. Liaison between groups. What
effects one effects the other. Chairman do coordination of
groups. Existing ordinance was not too bad other than vague. If
they have a law why don't they enforce it. He is in favor of
these things and would like to see this. Mr. Jarrett everything
to be said. Probably all in compliance or wouldn't be here.
First question need to ask guidelines and be starting point.
Once they do, go with the enforcement end of it. There is some
codes that are not being enforced and kind of difficult such as
tractor trailers parked in residential. Hard to enforce. Issue
on public meetings. He feels it should not be at one of their
meetings. No rebuttal or confrontation. Take number for first
come first serve. Give time limit. Boats and RV's to parking
lot. If they agree he thinks he will open one. Schroeder saw
newspaper article. No boats no trailers no nothing. City
Manager Hooper well rounded committee. Boat owners know
limitations to it. Mr. Schroeder different than what paper says.
City Manager Hooper Council. Concern that committee balanced.
Councilman Vincenzi public opinion. Put announcement in paper
90% of people don't realize what you are talking about. Public
input from everybody. Councilman Brown appreciative for them to
try to do this. Not going to be easy. A lot of faith they will
come up with some good rules and regulations they can live with.
They are the people they represent. Proud to see them get
together. Impressed with what is being said. Behind them. Come
up with good rules.
George Ewing would like to see hands on people on committee that
do not have an RV, boat or trailer. Three members. City Manager
Hooper still have people that own boat not oversized.
Joyce Sanders see that peoples yards are cleaned up. Junk and
trash. Getting to point where animals are getting out of hand.
That is how bad it is getting. Live in clean community that is
where they should start. Register vehicles or tow them. City
Manager Hooper City council has directed. Under way now of
putting in effect a LDC that helps with clean up that is
enforceable. Vague codes difficult to be enforced. Added staff
/ill Ltd / 1-F
to that. Split shifts and work weekends. Added more clout.
Councilman Vincenzi enforcement of codes. After everything
settled and new codes in effect, he would insist upon good
enforcement.
SCHEDULE TASKS:
ELECTION OF CHAIRMAN & VICE CHAIRMAN
City Manager Hooper asked for nominations. Explained process.
Mr. Sanders nominated Mr. Ross as Chairman. Mr. Sylvester
nominated Mr. Heeb. Mr. Jenkins nominated Mr. Card. Ms. Donahue
nominated Mr. Holland.
Mr. Jones made a motion to close the nominations, second by Mr.
Schroeder. The motion CARRIED 18 -0.
The following is the results of the vote for Chairman:
Mr. Card - Mr. Ross
Mr. Heeb - Mr. Card
Mr. McKay - Mr. Ross
Mr. Holland - Mr. Ross
Mr. Aloise - Mr. Ross
Mr. Sylvester - Mr. Heeb
Mr. Ross - Mr. Holland
Mr. Madewell - Mr. Heeb
Mr. Sanders - Mr. Ross
Mr. Blum - Mr. Heeb
Mr. Jenkins - Mr. Card
Mr. Anderson - Mr. Heeb
Mr. Loeffler - Mr. Card
Ms. Donahue - Mr. Holland
Mr. Bailot - Mr. Card
Mr. Jones - Mr. Card
Mr. Jarrett - Mr. Ross
Mr. Schroeder - Mr. Card
There was a tie between Mr. Ross and Mr. Card. The following is
the results of the second vote:
Mr. Schroeder - Mr. Card
Mr. Jarrett - Mr. Ross
Mr. Jones - Mr. Card
Mr. Bailot - Mr. Card
Mr. Donahue - Mr. Card
Mr. Loeffler - Mr. Card
Mr. Anderson - Mr. Card
Mr. Jenkins - Mr. Card
Mr. Blum - Mr. Card
Mr. Sanders - Mr. Ross
Mr. Madewell - Mr. Card
1r
Mr. Ross - Mr. Card
Mr. Sylvester - Mr. Ross
Mr. Aloise - Mr. Ross
Mr. Holland - Mr. Ross
Mr. McKay - Mr. Ross
Mr. Heeb - Mr. Card
Mr. Card - Mr. Ross
Mr. Heeb stated he presumes Mr. Ross is the Vice Chairman. City
Manager Hooper informed him they also have to have an election
for that.
Mr. Card nominations for Vice Chairman.
Mr. Heeb made a motion to appoint Mr. Ross as Vice Chairman by
acclamation, second 18 -0. Mr. Ross was elected by acclamation.
Mr. Card suggested the Committee set the calendar and determine
when they will have the next meeting and the agenda.
Mr. Card suggested not meet at 6:00 p.m. Difficult for people to
work. Hold meetings reasonable length of time and perhaps meet
every two weeks until they get things rolling. Entertain motion
from floor with regard Holland every other Thursday at 7 p.m.
Jarrett second. Mr. Ross vacation season before us. Two of them
not here. Starting July 20 Any other then himself problem
with that. Mr. Jenkins problems with Thursdays at end of month.
City Manager Hooper July 20 August 3, August 17, August 31
September 14 and 28 Mr. Card large committee. Schedule
specific votes four weeks in advance. Providing absentee voting.
City Manager Hooper no. Have to be here to vote. Mr. Ross send
in written request or opinion. City Manager Hooper send thoughts
but not vote.
Mr. Heeb asked City Manager Hooper when will have new and old
code available to members. Mailed. City Manager Hooper either
mail or pick up. Size easiest to come by and pick up.
Mr. Loeffler asked how long the meetings will last. Mr. Card
depends on how much. People very strongly motivated on both
sides of issue. Get out and make sure they all fee good about
their actions.
Mr. Jarrett suggested two hour limit. Mr. Jarrett made an
amendment to time from 7:00 p.m. to 9:00 p.m. Mr. Sanders
second.
Mr. Jenkins concern with limiting time of meetings especially
first couple. Set goals may not be able to accomplish goals at
each meeting. Aim for two hour limit but still some flexibility.
Card possible within confines of motion to allow opportunity to
amend and waive the limit. Put in motion? Mr. Anderson should
have flex there. Might be in middle of something important. Mr.
Card confident with amendment as stands, waive requirement. Mr.
Ei) 12 [:\
Ross agree to goal for all meetings is two hour limit but
meetings will be adjourned by motion carried by vote but that
they all understand goals.
Mr. Jenkins agendas will be written with a 9:00 time frame
involved. Mr. Jones meetings will regulate themselves. Approach
time, pass onto next meeting or stay and discuss it. Closing
element wrong. Should be self regulated. Mr. Anderson concurred
with a 9:00 p.m goal. Mr. Loeffler shoot for 9:00. Two hours
over. Within reason. Becomes non - effective. No further
discussion.
Motion CARRIED.
Mr. Jenkins suggested public input portion move to beginning of
meeting not have to wait until end. Opportunity to discus public
comments. Mr. McKay agreed. Mr. Jenkins made a motion, second
by Mr. McKay. Jarrett going to have public at meetings. Card
have to open meeting. Mr. Jenkins good public policy to have
public input. Mr. McKay hear what they say. Mr. Loeffler
purpose to see what public wants. Mr. Ross include in motion a
five minute per person limit. Mr. McKay second.
Mr. Jones public discussion as each topic comes up. Mr. Card
great.
Mr. McKay public may not be able to be notified as to what they
are going to be discussing. If people have something on their
mind, let them get it off their mind. How will they notify. Mr.
Jones print agenda. Mr. Ross concern if open it up. He hopes a
lot of people come and they may as this grows. If they let every
individual speak. Public input should be limited. Don't agree
go to Planning & Zoning or Council. Mr. Anderson judging from
who is here he doesn't think they will be overly concerned about
the public attending these meetings. Mr. Jenkins reason for
motion to someone doesn't have to sit through whole meeting until
they discuss that subject. Not necessarily vote. Give input for
committee to consider in all of their research.
Mr. Holland come in and give information and let them go to work
with it.
Mr. Jenkins with Mr. Ross amendment of five minutes. The motion
CARRIED 18 -0.
Mr. Card set series of task. City Manager Hooper staff will
bring portions of code that deal with issues they are dealing
with hear. Old and new code. Provide list to put together for
20 Mr. Ross throw out for consideration. Add to agenda for
serious discussion next meeting.
Mr. Card new business. Mr. Ross everything new business.
Mr. Ross searched out an attorney who specializes in land use
_, n
codes and development in New Smyrna. He felt this committee and
or his personal agenda down the road at some point may best be
served by the input of a legal individual unbiased from the
standpoint of being for or against RV's boats motor homes or what
they do in Edgewater. Would like the committee to consider that
they engage him in an advisory position on a retainer basis to
perhaps assist them in coming up with a final draft of this code.
His opinion is that it will be a matter of negotiation that there
will have to be give and take, some points won some points lost.
Doesn't want them to go to Council with a set of suggestions that
does not hold legal water. He doesn't want them to depend on
Council or staff to make the decision. He would like to see an
outside legal source tell them if they are doing the right thing
or not. Ms. Donahue asked who would pay for it. Mr. Ross stated
this Committee would pay for it. Other considerations made.
Mr. Heeb will have old and new code available before next
meeting. Take homework assignment. All of them read both
documents. All of them start to think like they were kings.
Individually solve this problem. Ultimately to get to
conclusion, have to have input from all. Study problem and think
of how they would solve this problem if they are the only one to
make the decision. Bring thoughts together and start working on
them. Mr. Jones ready for next meeting. As soon as possible.
City Manager Hooper Monday. The sections they are dealing with
is what they will get.
Mr. Bailot items to read will be whole agenda. Mr. Jenkins get
specific comments and look at comments as part of agenda to
discuss. Specific problems and comments. Feels comments will
not be in their hands. Problems will not be specifically boat,
canopy ,or RV issues. They need to see this. Would like to see
specifics to narrow down. Problems not enforced under old code.
Mr. Sylvester arrive at decision as to whether they make
decisions as full group or split in groups to be on next agenda.
Mr. Bailot fourth talking about having comments from other
meetings. City Manager Hooper take meeting notes. No minutes.
Presentations to homeowners association. Informational. No way
of taking notes. City Manager staff road show. Comments back
and forth with. Get Dennis to summarize.
Mr. Card mentioned earlier number of boats trailers RV's and
large things. City Manager Hooper they have that for Edgewater.
Broken into sizes. Don't match code. Picked and state has
groupings of boats. Will give good place to start. Not sure he
has RV's. Mr. Card registered separately. Mr. Ross do they want
to at the very first meeting hear from staff where they are
coming from and get their input. He would like to hear their
opinions up front. He thinks staff knows where they are coming
from.
Mr. Jenkins assumed part of specific comments. Mr. McKay discuss
t:\
automobile restoration issue. Statistics on motor homes and
boats should agree on year break -off point registered in
Edgewater over 25 years old.
Mr. Card lengthy meeting planned.
Mr. Jones agenda closed, second by Mr. McKay. The motion CARRIED
18 -0.
Mr. Bailot contact if they can't make it. City Manager Planning
office.
Mr. Aloise asked about attendance. Required attendance or
minimum attendance. Arbitrarily some attend all meetings, some
attend one meeting. City Manager Hooper set administrative rule.
Miss two or three meetings in a row. Up to committee.
Mr. Ross doesn't know how to handle, obvious problem someone not
showing up for four or five minutes, avenue to replace
individual. City Manager Hooper can set own rules in beginning.
To cast final vote attend 70% of meetings. Easiest. Instead of
replacing.
Mr. Jenkins trying to replace, take time to catch them up. Mr.
Jenkins miss four or more.
Mr. Ross bring to vote to set rule on agenda next meeting, second
by Mr. Jarrett. The motion CARRIED 18 -0.
ROBERTS RULES OF ORDER:
ADJOURNMENT:
There being no further business to discuss, Mr. Ross moved to
adjourn. The meeting adjourned at 7:58 p.m.
Minutes submitted by:
Lisa Bloomer
L LI L lIJ
AGENDA REQUEST
C.A. NO.: 2000 -056
4110 Date: June 30, 2000
PUBLIC
HEARING RESOLUTION 07/10/00 ORDINANCE
OTHER
CONSENT BUSINESS CORRESPONDENCE
ITEM DESCRIPTION:
Resolution No. 2000 -R -12 - Variance Request of Glen Herbert for construction of a pool & deck
located at 503 North Riverside Drive
BACKGROUND:
Glen Herbert owner of property located at 503 North Riverside Drive has submitted a variance
request for the construction of a pool and concrete deck. Section 9.5 -57 requires a 50' setback from
the mean high water line and limits impervious surface coverages for the purpose of protecting the
Now Intracoastal Waterway/Indian River from direct stormwater discharge.
The proposed concrete pool deck would encroach 25' on the east and 15' on the south setbacks at the
closest point (see attached layout).
STAFF RECOMMENDATION:
City Engineer, Hans Wolfer recommends that Council deny the variance request (Resolution No.
2000 -R -12) as submitted.
City Engineer suggests that a favorable variance request may be possible if the property owner
resubmit new plans modified to reflect a smaller pool and deck area being relocated to the northwest.
ACTION REQUESTED:
Denial of variance.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
W
Respectfully submitted,
c dir go,s_AM flme _
ynne Plaskett Robin L. Matusick
Planning Director Legal Assistant
Kenneth R. Hooper
City Manager
rlm
RESOLUTION NO. 2000 -R -12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, DENYING A VARIANCE FROM
THE SHORELINE BUFFER AND IMPERVIOUS SURFACE
REQUIREMENTS OF THE FLOOD CONTROL AND
DRAINAGE CHAPTER OF THE CODE OF ORDINANCES
FOR THE LOCATION AT 503 NORTH RIVERSIDE DRIVE;
REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida has made the following
determinations:
1. Pursuant to Section 9.5 -64 of the Code of Ordinances, Glen Herbert applied for a
variance from the shoreline buffer and impervious surface requirements of the Flood Control and
Drainage Chapter of the Code of Ordinances to allow construction of a swimming pool (25 x 15
low foot) including a concrete deck (30 x 38 foot) at 503 North Riverside Drive which is located on the
Intracoastal Waterway.
2. The recommendations of the City Engineer have been considered as well as the effect
on the water resources of Edgewater.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater,
Florida:
Section 1. The request of Glen Herbert for a variance to construct a swimming pool behind
l''' the residence at 503 North Riverside Drive is hereby denied pursuant to the following findings by
the City Engineer:
2000 -R -12 1
a) Pursuant to recommendation of the City Engineer, the variance as presented should
'r.w° be denied due to the variance area being too great with the impervious area
requirement being violated by 19 %. East variance is 25' and south variance is 35'.
b) The exfiltration trench that would be required at construction would run along the
east and south sides with the only available space between the deck and rock
revetment being 18' on the east side and 7' on the south side which are not adequate
spaces.
Section 2. All resolutions or parts of resolution in conflict herewith be and the same are
hereby repealed.
Section 3. This resolution shall take effect upon adoption.
'`r
After Motion by and Second by , the vote on this
resolution is as follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
2000 -R -12 2
_ kiby , PASSED AND DULY ADOPTED this 10` day of July, 2000.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Donald A. Schmidt
City Clerk Mayor
law Robin L. Matusick
Legal Assistant
2000 -R -12 3
ENGINEER'S REPORT
June 29,2000
Project Name: Herbert Proposed Swimming Pool Variance
Address: 503 N. Riverside Drive
Request of the Engineer:
Provide a written recommendation to the City Council on the
proposed construction of a 25' X 15' swimming pool with a concrete deck
30' X 38' located at the referenced single - family home site on the Indian
River.
Variance Request:
To construct the pool deck 15' from the mean high water line in lieu
of the ordinance requirement of 50' per Section 9.5- 57(18)b, and 49%
impervious surface in lieu of the ordinance requirement of 30% impervious
surface per Section 9.5- 57(28)d.
Nor Recommendation:
That this variance as presented, be denied because the variance is too
great (east variance is 25' and south variance is 35'). If the pool were
constructed, an exfiltration trench would be required along the east and
south sides. The available space for a trench, between the pool deck and the
rock revetment is only 18' on the east side and 7' on the south side; these
spaces are not adequate. Also, the impervious area requirement is violated
by 19 %.
If the pool was made smaller, and the deck area is made smaller, and
the pool was moved to the northwest, a favorable variance may be possible.
All three changes would be required on a new variance drawing, to be
considered.
low or& 1 % .
Hans Wo er, P. k r
Acting City Engineer
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RESOLUTION NO. 2000 -R -12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, GRANTING A VARIANCE FROM
THE SHORELINE BUFFER AND IMPERVIOUS SURFACE
REQUIREMENTS OF THE FLOOD CONTROL AND
DRAINAGE CHAPTER OF THE CODE OF ORDINANCES
FOR THE LOCATION AT 503 NORTH RIVERSIDE DRIVE;
REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida has made the following
determinations:
1. Pursuant to Section 9.5 -64 of the Code of Ordinances, Glen Herbert applied for a
variance from the shoreline buffer and impervious surface requirements of the Flood Control and
Drainage Chapter of the Code of Ordinances to allow construction of a swimming pool (17 x 25
foot) including a concrete deck (26 x 34 foot) at 503 North Riverside Drive which is located on the
Intracoastal Waterway.
2. The recommendations of the City Engineer have been considered as well as the effect
on the water resources of Edgewater.
e .a
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater,
Florida:
Section 1. The request of Glen Herbert for a variance to construct a swimming pool behind
the residence at 503 North Riverside Drive is hereby granted subject to the following conditions:
a) The concrete deck and pool must be constructed exactly as shown on the "Herbert
2000 -R -12 1
Drawing" submitted to the Planning Department on June 30, 2000 and attached
hereto and incorporated herein as Exhibit "A ".
b) The exfiltration system must be designed by a Registered Professional Engineer.
c) A proposed construction plan for the swimming pool, deck and exfiltration system
must be submitted for review to the Planning Department indicating all construction
details, elevations and all required information for approval by the City Engineer.
d) A Development Order shall be required and issued by the Planning Department prior
to obtaining a building permit.
e) No construction shall be initiated until final approval and permitting completion by
the City.
Section 2. All resolutions or parts of resolution in conflict herewith be and the same are
hereby repealed.
Section 3. This resolution shall take effect upon ftdoption.
After Motion by Council man Brown and Second b )Councilwoman I i rhtr r , the vote on this
resolution is as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter X
2000 -R -12 2
PASSED AND DULY ADOPTED this 10 day of July, 2000.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: ;;Ztet /lap Le})-ifre
Susan J. Wadsworth Donald A. Schmidt
City Clerk Mayor
• a7. t>•t
Robin L. Matusick
Legal Assistant
2000 -R -12 3
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THE CITY OF EDGEWATER
POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100
ENGINEER'S REPORT
July 5, 2000
Project Name: Herbert Proposed Swimming Pool Variance
Address: 503 N. Riverside Drive
Request of the Engineer:
Provide a written recommendation to the City Council on the (revised)
proposed construction of a swimming pool (approximately 17 x 25'),
including a concrete deck (approximately 26' x 34') located at the referenced
single - family home site on the Indian River.
Variance Request:
To construct a pool deck measuring approximately 22' (south side)
and 30' (east side) from the mean high water line, encroaching in the setback
requirement of 50' per Section 9.5- 57(18)b, and to allow for 43 %a impervious
surface in lieu of 30% impervious surface requirement per Section 9.5-
57(18)d.
Background:
The revised plan would allow for a standard exfiltration trench to be
constructed along the east and south side of the swimming pool to
accommodate the trapping of any stormwater runoff from directly
discharging into the Indian River. Stormwater is not allowed to discharge
directly into the Indian River per State DEP regulations.
The Swale section shown in the Herbert Drawing is not adequate. An
Florida Registered Engineer will need to design a system that will function
properly by checking the low land elevation, the soil types for proper
perculation, the perculation rate, the water table elevations, or a perked
water table; and the designed storm runoff; and present the system properly
on a designed plan. Also, an exfiltration system places the runoff collection
underground in lieu of a flooded backyard.
Recommendation:
This size swimming pool and deck can be constructed on this site with
the following conditions:
1. The concrete deck and pool must be constructed exactly as
shown on the "Herbert Drawing" submitted to the Planning
Department on June 30, 2000.
2. A Registered Professional Engineer must design the exfiltration
system.
3. A proposed construction plan for the swimming pool, deck, and
exfiltration system must be submitted to the City Planning
Department, indicating all construction details, elevations and
required information for approval by the City Engineer.
4. A Development Order shall be required and issued by the
Planning Department prior to obtaining a building permit.
' /Lz
A ans J. W Per, P. r
Acting City Engineer
intended to be occupied or utilized, or for which it is occupied or maintained.
Use, Permitted - means a use which is permitted in a particular zoning district
providing it conforms with all requirements, regulations and
standards of such district.
Use, Principal - means the primary use of the building, structure and/or lot as
distinguished from accessory uses.
UTILITIES means, but is not limited to: water systems, electrical power, sanitary sewer
systems, stormwater management systems, gas systems, telephone and television cable systems, and
street lighting.
UTILITY SERVICE FACILITIES means elements of utility distribution, collection or
transmission networks required by their nature to be relatively dispersed throughout the service area.
Typical facilities include, but are not limited to, electrical substations, and telephone exchange
structures.
VARIANCE means a modification of the strict application of site development requirements
related to yard setbacks, building height, parking requirements, landscaping and/or signage.
VEHICLE means any self - propelled conveyance designed and used for the purpose of
transporting or moving persons, animals, freight, merchandise or any substance.
VEHICLE, ABANDONED means a vehicle that has no appearance of use for 60 days or
more. Indication of an abandoned vehicle may include: no maintenance, no cover or screening, grass
and weeds growing under and around vehicle and flat tires.
VEHICLE, COMMERCIAL means any vehicle, beach concession wagon, semi - trailer cab,
or trailer with a rated capacity of more than one ton; is intended or used for the transportation of
people or goods as part of a business; is either commercially or privately registered. Commercial
vehicle does not include rental vehicles designed for temporary personal use.
VEHICLE, INOPERABLE means any vehicle which is not currently licensed by the State
of Florida and/or cannot be immediately legally driven away on a public street.
VEHICLE, MARINE means any vehicle designed for and used on any water body.
VEHICLE PAINT AND BODY SHOP See "Automotive Paint and Body Shop."
VEHICLE ACCESSORY INSTALLATION means the following:
(a) Vehicle tuneup shops.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) II -31
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AGENDA REQUEST
Date: July10, 200Q
Consent New Business X Unfinished Business
Public Hearing Resolution Ordinance
JTFM DFSCRIPTICN /SIJR.IFCT;
The Construction Regulation Board (CRB) has a vacancy for one Florida licensed architect or
structural engineer, and two re- appointment request.
BACKGROUND;
Robert G. Howard, Architect, has submitted his resignation from the CRB to become a member of
the Volusia County Building Trades Examining Board. The Land Development Code of the City of
Edgewater, Section 304.02 B, states that each member of the CRB shall be a resident of the City
unless no qualified resident candidate applies. The CRB has been unsuccessful at finding a
Florida licensed architect or structural engineer that resides in the City. However, an application
for appointment to the CRB was received from Scott Waldroff, Architect, 807 22 Avenue E., New
Smyrna Beach, FL. Also, the CRB terms of Charles L. Cobb and Andrew Hunt expired on May
01, 2000. Both have requested to be re- appointed for another term.
RFCOMMFNIlATION /CnNCI MOW
Appoint Scott Waldroff, Architect, to the CRB to fill the remaining term vacated by Robert G.
Howard. The term expires on April 19, 2002. Re- appoint Charlie Cobb and Andrew Hunt to the
CRB for another term.
FUNDS AVAILABLE: ACCOUNT NUMBER: N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED): N/A
PREVIOUS AGENDA ITEM: YES NO_c
DATE: AGENDA ITEM NO.:
Respectfully Submitted,
vow
D is I. Fisch r, CBO
ilding Department Manager
h:\tonyatrbtOnes\DecO699
!I
D. Perform any other functions, duties, and responsibilities 11
assigned to it by the City Council or by general or
special law.
Now 303.02 Designation and Establishment. Pursuant to, and in
accordance with Section 163.3174, Florida Statutes, Local
Government Comprehensive Planning and Land Development
Regulation Act, the Land Development and Regulatory
Agency is hereby designated and established as the Local
Planning Agency for the City of Edgewater.
Section 304. Construction Regulation Board
304.01 Creation, Powers and Duties. The Construction Regulation 1
Board (hereafter CRB) is hereby created and shall
exercise the following powers and duties under this Code:
A. To review the building, fire, and other related technical
codes and policies.
B. To hear appeals of a decision or action of the Building
Official or Fire Chief regarding the adopted technical
codes pursuant to Section 903 of this Code.
C. To provide recommendations to the City Council on
Nu' building and construction related matters.
D. To exercise disciplinary control and oversight over
locally licensed contractors pursuant to Section 321 of
this Code.
E. To adopt rules of procedure not inconsistent with the
provisions of this Code and approved as to legal form and
correctness by the City Attorney.
304.02 Membership: Appointment Removal, Terms, Vacancies and
Qualifications. 1
A. The CRB shall be composed of seven (7) members appointed
by the City Council. Five (5) members shall be
representative of the following: Florida licensed
general contractor, Florida licensed architect or
structural engineer, Florida licensed property or
casualty agent, Florida certified fire inspector or
firefighter, and a citizen at large. The remaining two
(2) members shall be chosen from the following Florida
Now licensed contractors: electrical, plumbing, and air
conditioning. The architect shall be other than a
landscape architect. No City employee shall be a member
of the CRB.
(code \chapter.3)
December 7, 1994 3 - 6
1
11
1 B. Each member of the CRB shall be a resident of the City
unless no qualified resident candidate applies.
1 C. CRB members shall serve on no other City board or
committee.
1 D. Members of the CRB shall be appointed for a term of three
(3) years without compensation but may receive travel and
other necessary expenses while on official business of
1 the CRB. Due to the need to stagger terms to guarantee
continuity on the CRB, the initial appointments shall be
as follows: three (3) members shall be appointed for one
I (1) year, two (2) members shall be appointed for two (2)
years, and two (2) members shall be appointed for three
(3) years.
1 E. If a member of the CRB is absent for three (3)
consecutive regular meetings or twenty five (25) percent
or more of all meetings held during any calendar year,
1 said member shall forfeit the office. The City Council
shall fill the office for the remainder of the unexpired
term.
1 F. A member of the CRB may be removed for cause by the City
Council at any time, provided however, that before such
removal the member shall be provided with written charges
I and given an opportunity to appear in his defense at a
public meeting.
1 G. No member of the CRB shall vote upon any matter which
would inure to his special private gain; which would
inure to the special private gain of any principal by
which he is retained or to the parent organization or
1 subsidiary of a corporate principal by which he is
retained; or which would inure to the special private
gain of a relative or business associate.
I H. No member of the CRB shall appear for or represent any
person in any matter before the CRB other than himself.
1 I. No past member of the CRB shall appear before the CRB
except when representing himself for a period of twelve
(12) calendar months after his service has ended.
I 304.03 Officers.
1 "`' A. The CRB shall elect a Chairman and Vice Chairman from
among its members at the first regular meeting in January
each year to serve a term of one (1) year. The officers
shall be eligible for re- election.
(code \chapter.3)
December 7, 1994 3 - 7
1
i
1
B. The Chairman shall preside at all meetings and hearings II
of the CRB and appoint any committees that are deemed
necessary.
'tar
C. In the absence of the Chairman, the Vice Chairman shall II
preside at all meetings and hearings of the CRB.
D. The members of the CRB may select an additional person II
who shall preside over meetings in the absence of the
Chairman and Vice Chairman.
II
E. The Secretary, provided by the City, shall keep minutes
of the proceedings of the CRB.
304.04 Meetings, Hearings, and Procedures.
A. Regularly scheduled meetings of the CRB shall be held
during the months of January, March, May, July, September II
and November.
B. Special meetings of the CRB may be called by the
II
Chairman, Vice Chairman, Building Official or Fire
Official if at least forty -eight (48) hours notice is
given to each member of the CRB. In case of extenuating
No" circumstances, the Chairman may call an emergency meeting II
if at least twenty -four (24) hours notice is given to
le
each member.
Pt
C. The CRB may continue a regular meeting if all business
cannot be completed on that day. The date and time of
the meeting's resumption shall be stated by the presiding
0
officer at the time of continuance. t
D. In the event that less than a quorum is present at any
proceeding of the CRB, the proceeding shall be
rescheduled within a reasonable period of time. The
Secretary shall notify all parties and such other
interested persons as may be designated of the time,
place and date of the rescheduled proceeding.
304.05 Quorum and Necessary Vote.
r :
A. No business shall be transacted by the CRB without a
quorum. A quorum shall consist of four (4) members.
F'
`"r"' B. The affirmative vote of four (4) members is required for
any formal action of the CRB relating to appeals and
disciplinary action. All other recommendations and
actions of the CRB shall require the affirmative vote of
a majority of the members present.
1
(code \chapter.3) 3 - 8
December 7, 1994
2
II
1 304.06 Offices of the City Attorney and Director of Community
Development. The City Attorney and Director of Community
1 Development shall provide the necessary professional
support to the CRB.
4 14111► Section 305. Technical Review Committee
I 305.01 Duties and Responsibilities. The Technical Review
Committee (hereafter TRC) shall exercise the following
1 duties under this Code:
A. Review and recommend for approval or denial to the LDRA
site plans submitted in connection with applications for
conditional uses pursuant to Section 611.02.C. of this
Code.
1 B. Review and recommend for approval or denial to the LDRA
site plans or preliminary record plats and construction
plans submitted in connection with applications for
1 conditional uses pursuant to Section 621.02.C. of this
Code.
1 C. Review and approve site plans pursuant to Section 402 of
this Code.
D. Review and approve preliminary record plats and
1 4 ..r construction plans pursuant to Section 502 of this Code.
305.02 Membership. The TRC shall include the Director of
I Community Development, the City Engineer, the Director of
Utilities, the Director of Public Works, the Fire Chief,
and other such offices and agencies as deemed necessary
by the Director of Community Development.
I 305.03 Meetings and Procedures.
I A. The TRC may adopt rules of procedure not inconsistent
with this Code.
B. The TRC shall meet at sufficient intervals to ensure that
the performance time frames provided for in this Code are
met.
1 (Sections 306 through 309 Reserved)
t ARTICLE 2
i `r APPLICATION AND HEARING PROCEDURES
Section 310. Withdrawal of Applications
(code \chapter.3)
December 7, 1994 3 - 9
Robert G. Howard
Architect, Inc.
#0004737
,atry May 8, 2000
Chairman
Edgewater Construction Regulatory Agency
City of Edgewater
104 N. Riverside Dr.
Edgewater, Fl. 32132
Dear Chairman:
I find it necessary to submit my resignation, effective immediately, from this board as after many years of
service to Edgewater I have opted to become a member of the Volusia County Building Trades Examining
Board.
It has been a pleasure serving on this board and I wish you the very best.
Resp:
/0,
■
Robert G. Howard
602 West Indian River Blvd. Suite 202, Edgewater, Florida 32132
Telephone (904) 427 -2419 Fax (904) 424 -0603
06/21/2080 17 :52 19844265818 SW ARCHITECTS INC PAGE 02
• OSIL4'AO 13:04 P.LI044Z4142 . OCC2eArrit- CONDMV aVJ' .
•
•
• ' 'T HE CI TY OF EDGEW4TER
• POST OFFICE' 11CQX 100- EDGEWATR FLORIDA 32132 -0100 • ..
• . • APPLICATIOIP TOR Anourgworr TO CSTY .
•
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•
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. that! rill aviilY dtstld4: pmbetf
. Ma risolosnizes 'J?$OrzE 4 4Z.GW-04SO , X
Luce?. AR tl 1 T
. Are. you a resident of Edgewater g. ' o w long �v S¢�. •
le your principal place of etuployment in Edgewater? r CAJ, •
• - if yes how long? _ •
. . gristly .state your interedt in serving on a City board, agency or .
• ' • .ecnnittee: lir)r *� .5 . , 6 ' p • b 1c i 6C1 _ • • ( _ r •
/' A! . I I I H ,�/,- f 0 ' "" %,fit
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. have you 'ewer seraeedt .: y-boards, agex� s, er c . '
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•
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•
* . • . •
06/21/00 15:54 TX /RX NO.2396 P.002 II
06/21/2000 17:52 19044265018 SW ARCHITECTS INC PAGE 01
•
•
FL
SCHWEIZER
WALDROFF
•
ARCHITECTS
incorporated
•
`'here
FACSIMILE MEMO. •
•
DATE: Wednesday, Juno 21, 2000 TIME 4:46 PM
TO: TONYA EU.IOTT PHONE:
. City Of Edgewater FAX: (904) 421 - 2423
FROM: SCOTT WALDROFF PHONE: (904) 426-0456 •
•
FAX: (904) 426 - 5010
•
• RE: Application for CR8
NUMBER OF •PAGES: 2
•
(including this pager) •
•
•
MESSAGE:
Ms. Elliott:
Please find the enclosed applicatipn for appointment to city boards, agencies or committees. Please call If
yOu have any Questions. Thank you, SW
ORIGINAL WILL.. T follow via mail
• follow via Overnight delivery . •
4 not follow •
•
•
END FAX COVER
•
•
•
•
•
•
•
. 137 Canal Street • New Smyrna Beach, Florida 32168 • 404.426.0456 • fax 914- 426-5018 • email: sw000dagdinet
licena• #AA- D003143
06/21/00 15:54 TX /RX NO.2396 P.001
1111
Apr -12 -00 01 :18P COBB P_O1
.
STATE CAN _
M ,l.
COBB. CH .,
INSURANCE Auto- Li I ln` r,, .� 1. , :..,,tie and Business
341 N N' �• 4, 4\
EDGEWA " PHONE (904) 427 -5280
April 12. 2000
Tonya L. E'liott
Board Coordinator
Construction Regulation Board
City of Fbiewater
101 N. Ri vrrs': dc: Dr.
Edgewater, Florida 32132
Re: Reappointment to
Construction Regulation Board
Dear Tonya:
This letter is to request my reappointment to the Edgewater Construction
Regulation Board since my current term is near completion.
Thank you or your attention to this matter.
Best regards.
`err
C .-1 :2 -...44. Ca -- € 6.---6-----
Charlie 1. Cobb
CLC:m
iri►
04/12/00 13:17 TX /RX NO.1812 P.001 ■
06/26/2008 15:01 9844235621 ELEC ENERGY SYS INC PAGE 81
al ELECTRICAL ENERGY SYSTEMS INC
PO BOX 816
NEW SMYRNA BEACH FL 32170 ER0013491
TEL: 904-423-6700 FAX: 904 -423 -5621 ER0012407
0. June 26, 2000
To Whom It May Co cem:
1 Andrew M. Hunt would like to request reappointment to the Construction Regulation
Board for the City of Edgewater.
Th: y •u,
/R a
Andrew M. Hunt v.p.
Now
06/26/00 14:03 TX /RX NO.2457 P.001 II
AGENDA REQUEST
C.A. NO.: 2000 -057
___ Date: July 5, 2000
PUBLIC
HEARING RESOLUTION ORDINANCE
OTHER
CONSENT 07/10/2000 BUSINESS CORRESPONDENCE
ITEM DESCRIPTION:
Agreement - ESA Consulting Group - Grant Writer
BACKGROUND:
During the March 20, 2000 Council meeting, Council authorized the City Manager to initiate the
process for advertisement and selection of a grant writer. Four firms submitted proposals and of the
four, ESA Consulting Group, Inc., was selected by the staff selection committee.
+40r On June 5''', Council authorized the City Manager to negotiate a Professional Services Agreement
with ESA Consulting for services that may include: project planning, procurement of project
funding and proposal writing activities, completion and submission of grant applications.
The Professional Services Agreement authorizes ESA Consulting Group to complete the
Comprehensive Needs Assessment Study and one (1) grant application for the City at a cost of
$5,700.00.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Professional Services Agreement.
ACTION REQUESTED:
Authorization and execution of the Professional Services Agreement for ESA Consulting Group,
Inc..
FINANCIAL IMPACT: (FINANCE DIRECTOR) $5,700.00 plus costs
'fir
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES X NO
DATE: June 5, 2000 AGENDA ITEM NO. 8B
Now
Respectfully submitted, Concurrence:
4116 41 % 0c-
Robin L. Matusick Kenneth R. Hooper
Legal Assistant City Manager
rlm
Now
Now
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (this "Agreement), is entered into
N,,,,, as of the 10` day of July 2000, by and between the CITY OF EDGEWATER, 104 North Riverside
Drive, P.O. Box 100, Edgewater, Florida, 32132 -0100, hereinafter referred to as the "City" and ESA
CONSULTING GROUP, INC., Consultants and Planners, 12 Boxwood Lane, P.O. Box 351236,
Palm Coast, Florida, 32137, hereinafter referred to as the "Consultant."
WITNESSETH THAT:
WHEREAS, the City desires to retain and engage a professional planning and consulting
firm to provide expert advisory services with respect to grant opportunities and grant writing; and
WHEREAS, the City desires to engage the services of the Consultant as an independent
contractor to render certain technical advice and assistance concerning the feasibility of using grant
opportunities for project funding, planning, and other related activities; and
WHEREAS, Consultant has experience in and is qualified and capable of performing expert
advisory services with respect to grant opportunities and grant writing; and
WHEREAS, the City hereby retains and engages Consultant, as consultants to the City for
the purposes of developing a grant program for project funding and planning matters.
NOW, THEREFORE, the parties hereto mutually convenant and agree as follows:
1. EMPLOYMENT OF THE CONSULTANT. The City hereby engages the Consultant and
the Consultant hereby agrees to perform the professional services hereinafter set forth.
2. DESCRIPTION OF SERVICES. The initial responsibility of the Consultant to perform
under this Agreement shall be limited to the professional services hereinafter described for the
specific purposes of project planning, procurement ofproj ect funding and proposal writing activities
in connection with the project known as Comprehensive Needs Assessment Study (hereinafter
referred to as the "Project "). The City may authorize additional work orders under this Agreement
for purposes of completing and submitting grant applications.
3. LIMITATION OF SERVICES. Any activity or service not specifically designated herein
or defined in future work orders is specifically excluded from the responsibilities of the Consultant
and City under this Agreement.
*t "" 4. SCOPE OF SERVICES. The Consultant will provide the following services (collectively,
the "Services "):
A. Attend and conduct interviews with the Department heads for Planning, Utilities and
Public Works, and Parks and Recreation.
1
( Agreement / Consultant - ESAConsulting - GrantWriter)
B. Assess planned City capital projects for grant and other financial participation
opportunities within Federal, State, Foundation and private sources.
C. Assess future planned and prospective City projects for grant and other financial
___ participation opportunities within Federal, State, Foundation and private sources.
D. Meet with the City and appropriate local officials to discuss projects, problems and
opportunities and needed improvements. Existing information, reports, planning
documents, and engineering studies shall be reviewed to assess various
improvements and program efforts needed.
E. Prepare a written report in connection with the proposed activities with project -
specific recommendations concerning grant opportunities for funding.
F. Provide technical and advisory services in coordination with the City and appropriate
local officials necessary for the Consultant to prepare grant funding applications.
G. Determine by priority and use, an appropriate grant/loan project target and prepare
and submit one funding application, to be submitted to a grantor agency on behalf of
the City, prior to August 30, 2000.
H. Advise the City in all aspects of preparing plans, programs, proposals and
Noy applications for funding, including:
(1) Identify, attend and conduct required public hearings, meetings, work
sessions and other forums for the dissemination of information regarding the
City's needs and plans, the funding programs and specific opportunities for
participation therein;
(2) Prepare and submit for City publication any required notices and
announcements;
(3) Conduct surveys of entire City, inclusive of all neighborhoods, populations,
or areas where program activities may be proposed, gather data and other
information necessary to prepare recommendations in regard to such
proposals;
(4) Assist City in organizing, structuring, planning and programming the efforts
necessary to develop grant funding program and assure that any citizen
participation requirements are met;
(5) Prepare and disseminate copies of said program, and such other notices as
may be appropriate, to regional planning review agencies, if applicable, and
to such other local, state and federal officials and agencies as may be required
for proper processing of the required program activities;
2
(Agreement /Consultant - ESAConsulting -Grant Writer)
(6) Perform such other direct and indirect services as may be required or
incidental to the procurement of program funding;
(7) Complete the funding application/program in accordance with the specific
*,, guidelines and requirements of such application at the time of submission;
(8) Prepare for presentation to the City, a Comprehensive Needs Assessment
Study document, containing program specific recommendations and resources
as identified within the scope of work identified in this section.
5. PERFORMANCE OF SERVICES. Performance and the specific times for Services to be
executed shall be determined by and between the Consultant and City.
6. TIME OF PERFORMANCE. Except as provided below, the services of the Consultant
shall commence upon the date set forth above, and shall be undertaken and completed prior to the
established filing deadlines, and shall continue to the completion of the program. Future work orders
shall include a project schedule and define deliverable materials or applications.
7. RELATIONSHIP OF PARTIES. It is understood by the parties that Consultant is an
independent contractor with respect to City, and not an employee of the City.
8. COMPENSATION FOR PROFESSIONAL SERVICES. The City shall pay to the
'- Consultant, as remuneration for services the sum of fifty -seven hundred dollars ($5,700) for
completion of the Comprehensive Needs Assessment Study and one (1) grant application. The
Consultant may invoice the City monthly for work that is completed. The Consultant may invoice
the City monthly for work that is completed in accordance with Attachment "A" of this Agreement
and made a part hereof.
9. EXPENSES AND DISBURSEMENTS. In addition to compensation for services the City
shall pay to the Consultant, as reimbursement for his reasonable and necessary travel expenses,
including transportation, hotel and meals, and telephone tolls and making copies of papers, as
follows:
A. Travel by automobile shall be reimbursed at the rate of twenty -seven cents per mile,
plus expressway tolls and parking charges.
B. Travel by common carrier shall be reimbursed at actual expense.
C. Hotel and meals shall be reimbursed at actual expense. (City approval required
before actual expense.)
D. Necessary copies at twelve cents per page.
E. Printing and binding shall be reimbursed at actual expense.
F. Telephone tolls shall be reimbursed at actual expense.
3
( Agreement / Consultant - ESAConsulting - GrantWriter)
The Consultant shall keep accurate records and accounts of items for which Consultant seeks
reimbursements. The City shall be under no obligation to make any of the above - referenced
reimbursements if the reimbursement requests are not accompanied by corresponding receipts or
Now invoices.
10. ADDITIONAL SERVICES AND COMPENSATION. The City may issue additional
work orders, in accordance with this Agreement, for additional grant applications and upon receipt
of official notification that a loan, grant, or grant/loan package has been or will be awarded to the
City. The additional work order may authorize the following:
A. Administrative review of grant agreement by and between grantor agency, grantee
and City;
B. Submittal of all administrative information regarding City's financial administration
of grant amounts;
C. Preparation and submittal of an Environmental Review or Assessment, as may be
required by grantor;
D. Assist in any other official actions and preparation of other materials vital and
necessary to the procurement of Release of Funds by grantor agency.
Now
E. Submittal of additional grant applications.
11. RIGHT TO REFUSE FUNDS. The City reserves the right to refuse to accept funds as
designated above for any reason. However, the City's exercise of said right does not relieve the City
of its responsibility to pay the Consultant the amount agreed to by the parties.
12. MATERIAL CHANGES. Any material change to the structure of the City's organization
or partner(s) in an application, or changes made by the City to the critical path outlined by the
Consultant does not relieve the City of its responsibilities set forth herein. In addition, any said
change that requires additional efforts by the Consultant, or requires repetition of work already
completed by the Consultant shall be subject to additional fees.
13. REFUND OF FEES. The City shall not be entitled to any refund of the fees agreed to under
this Agreement except in the instance of non - performance by the Consultant.
14. NON - PERFORMANCE. Non - performance shall be defined as failure by the Consultant
to perform the Services outlined by this Agreement. Any act of the City, direct or indirect, that
Now results in the Consultant being unable to perform said Services shall not be construed as non-
performance.
15. PROFESSIONAL PERFORMANCE. The Consultant shall maintain an adequate and
competent staff or professionally qualified individual or individuals throughout the performance of
this Agreement to ensure acceptable and timely completion of tasks pursuant to this Agreement and
4
( Agreement /Consultant- ESAConsu lting -Grant Writer)
any Addenda or additional work.
16. NOTICES. All notices required or permitted under this Agreement shall be in writing when
delivered in person or sent via U.S. Mail or transmitted via email, addressed as follows:
If to City: If to Consultant:
The City of Edgewater ESA Consulting Group, Inc.
Michele Goins P.O. Box 351236
104 North Riverside Drive 12 Boxwood Lane
P.O. Box 100 Palm Coast, Florida 32137
Edgewater, Florida, 32132 -0100
Email: mgoins @cityofedgewater.org Email: esagroup @leading.net
Such addresses may be changed from time to time by either party by providing written notice
to the other in the manner set forth herein.
17. INDEMNIFICATION. To the extent provided by law, City agrees to indemnify and hold
harmless the Consultant from all claims, losses, expenses, fees including attorney's fees, costs and
judgements (collectively "Damage ") that may be asserted against City, to the extent that the City is
negligent with regard to the Project.
Now
18. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the
parties and there are no other promises or conditions in any other agreement whether oral or written.
This Agreement supercedes any prior written or oral agreements between the parties.
19. AMENDMENT. This Agreement may be modified or amended if such amendment is made
in writing and is signed by both parties.
20. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting
such provision it would become valid and enforceable, then such provision shall be deemed to be
written, construed, and enforceable as so limited.
21. ASSIGNMENT. This Agreement may not be assigned by Consultant without the express
written consent of the City.
22. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any
law provision of this Agreement shall not be construed as a waiver or limitation of that party's right to
subsequently enforce and compel compliance with every provision of this Agreement.
23. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of
Florida. Consultant acknowledges that materials prepared and provided by Consultant to the City
may be subject to public disclosure pursuant to Chapter 119, Florida Statutes.
5
( Agreement /Consu ltant- ESAConsulting -Grant Writer)
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates below
to become effective as of the year and date first written above.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Donald A. Schmidt
City Clerk Mayor
Dated:
Robin L. Matusick
Legal Assistant
NNIF
WITNESSES: ESA CONSULTING GROUP, INC.
Don W. Hall
President
Dated:
`'err
6
( Agreement /Consultant -E SAConsulting -Grant Writer)
ATTACHMENT "A"
HOURLY RATE /COMPENSATION:
CLASSIFICATION HOURLY RATE
a.) An hourly rate for principals, associates, and employees as follows:
Principal $90.00 per hour
Economic Development Specialist $75.00 per hour
Master Plan Specialist $75.00 per hour
Transportation Specialist $75.00 per hour
Senior Planner $60.00 per hour
Program Administrator $42.00 per hour
Planner II $30.00 per hour
Rehabilitation Specialist $23.00 per hour
Administrative Assistant $18.00 per hour
'or Hourly rates include all general office support personnel and overhead, general conditions and
equipment, software, misc., etc.
fir.
7
( Agreement /Consultant -E S A Consu lting -Grant W r iter)
AGENDA REQUEST
Date: July 03, 2000
PUBLIC
HEARING RESOLUTIONS ORDINANCE
%ay
OTHER
CONSENT BUSINESS July 10, 2000 CORRESPONDENCE
ITEM DESCRIPTION:
Ordinance No. 2000 -0 -15 Amending and restating a portion of Chapter 10 (Health and
Sanitation) Article V (Weeds, Grass and Brush; Standards for property Maintenance)
BACKGROUND:
The Department of Fire/Rescue Services has recently received and reviewed the Volusia
Wildland/Urban Interface Wildfire Hazard Assessment Guide used to determine vegetative fire
hazards. After review of the Guide, the staff is recommending amending a portion of Chapter 10
(Health and Sanitation) Article V (Weeds, Grass and Brush; Standards for property
Maintenance). The amendment will identify the methodology used to determine vegetative fire
and safety hazardous situations along with assuring consistent assessment and enforcement.
STAFF RECOMMENDATION:
Staff recommends that the City Council discuss amending Ordinance No. 2000 -0 -15 during
other business at the July 10, 2000 Council Meeting.
FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A
PREVIOUS AGENDA ITEM: YES NO XX
DATE: N/A AGENDA ITEM NO. N/A
Respe tfully submitt-
Trace . Barlow Legal Review
Fire hief
Kenneth R. Hooper
City Manager
ORDINANCE NO. 2000 -0 -15
AN ORDINANCE OF THE CITY COUNCIL OF EDGEWATER, FLORIDA,
AMENDING AND RESTATING A PORTION OF CHAPTER 10 (HEALTH
AND SANITATION), TO WIT: ARTICLE V (WEEDS, GRASS and BRUSH;
STANDARDS FOR PROPERTY MAINTENANCE), SECTIONS 10 -91
(DEFINITIONS), 10 -93 (PROPERTY MAINTENANCE -DUTY OF OWNER),
10 -95 (NOTICE OF VIOLATION), 10 -96 (HEARING BEFORE CODE
ENFORCEMENT BOARD); PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR
CODIFICATION, AN EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the Department of Fire/Rescue Services has received and reviewed the Volusia
County Wildland/Urban Interface Wildfire Hazard Assessment Guide used to determine vegetative
fire hazards; and
WHEREAS, the City has determined to minimize the potential of hazardous fire and safety
circumstances to our citizens and property; and
WHEREAS, the City has recognized the need to identify a fire and safety assessment
methodology used to determine hazardous situations; and
WHEREAS, it is recommended to modify our current Code regarding the maintenance of
various types of undergrowth to assure consistent assessment and enforcement.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Edgewater,
Florida as follows:
PART A. AMEND AND RESTATE A PORTION OF ARTICLE V (WEEDS,
GRASS AND BRUSH; STANDARDS FOR PROPERTY
MAINTENANCE) OF CHAPTER 10 (HEALTH AND SANITATION),
TO WIT: ARTICLE V (WEEDS, GRASS and BRUSH; STANDARDS
FOR PROPERTY MAINTENANCE), SECTIONS 10 -91
(DEFINITIONS), 10 -93 (PROPERTY MAINTENANCE -DUTY OF
OWNER), 10 -95 (NOTICE OF VIOLATION, (10 -96 (HEARING
BEFORE CODE ENFORCEMENT BOARD) OF THE CODE OF
'err ORDINANCES, CITY OF EDGEWATER, FLORIDA, IN ITS
ENTIRETY.
gti,, ,l. th1 eu passages are deleted.
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2000 -0 -15
1
Article V. Weeds, Grass and Brush; Standards for Property Maintenance is amended
and restated as follows:
Article V. Weeds, grass, and brush; standards for property maintenance.
Section 10 -91. Definitions.
The following words, terms and phrases when used in this section, shall have the meanings
ascribed to them in this subsection, except where the context clearly indicates a different meaning:
(a) Brush: shall mean the undergrowth of plant species that by virtue of their
arrangement, chemical composition, and growth pattern provide a ready path for uncontrolled fire
to spread. It shall mean herbaceous plants, plants and grasses with stems that wither away annually
or shrubs with woody stems that live from year to year as distinguished from trees. Species included
in this definition shall include, but are not limited to: saw palmetto, gallberry, fetterbush and wax
myrtle.
(c)(b) Improved lot: shall mean any lot to which improvements have been made, including,
but not limited to, change of grade through filling or excavation, installation of water or sewer line,
clearing of property to begin construction, or any other physical alteration which has significantly
disturbed the natural vegetation on the property.
(d)(c) Natural area: shall mean areas within larger improved lots where the natural
vegetation has not been cleared or disturbed.
(e)(d) Natural cover: shall mean trees, brush, roots and other by products of land clearing
activity.
'\r
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2000 -0 -15
2
Structure: shall mean anything constructed, installed, or portable that can be used for
housing, storage, business, commercial or industrial purposes whether temporary or permanent.
Structure for this section shall not include billboards, swimming pools and decks, communication
towers, on -site signs, tents, porches, fences, privacy screens, docks, arbor, gazebos and similar
structures. Structures will also not include pipes, pump stations and any other construction below
ground level.
(f) Trash: shall have the same meaning as defined in Section 19 -60.
(g) Unimproved lot: shall mean any lot which remains undisturbed and in a natural
vegetative state.
Vegetative fire hazard assessment: shall mean an assessment of an area to determine
build -up along with vegetative fuel hazard classification and threats it may pose to real property.
New The assessment will be conducted utilizing the Volusia County Wildland/Urban Interface Wildfire
Hazard Assessment Guide (dated 01/2000).
(-17r)ff Vegetative Mire hazard: shall mean trees, brush or other vegetation which by reason
of their combustible nature during dry periods, their location or condition may cause loss, damage,
or injury to persons or property by reason of fire. For example, bBrush on undeveloped lots
averaging over three (3) feet tall within twenty-(20) thirty (30) feet of an existing csidcutial structure
and pine trees averaging over five (5) inches in diameter at four and one -half (4 '/2) feet above grade
0
on undeveloped lots avci aging ovc five (5) niches in diainctei at four and Inc -half (4 1/2) fcct above
grade within thirty (30) feet of an existing structure spaced in such a way that the average crown
Nor
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2000 -0 -15
3
closure is more than seventy -five percent (75 %) are considered fire hazards.
Section 10 -93. Property maintenance - duty of the owner.
The standards and requirements of this section are supplemental and in addition to the
provisions of Chapter 10, Article III, Sections 10 -40 et. seq. and Chapter 19, Article VI, Sections 19-
60 et. seq.
(a) Maintenance of commercial and industrial zoned lots. The owner of every improved
lot, piece and parcel of land located within a commercial or industrial zone within the city shall keep
each such lot, piece or parcel of land free and clear of all fallen trees and limbs and brush exceeding
twelve (12) inches in height. However, nothing in this subsection shall be construed to require
natural areas located within larger improved lots to be cut to a height less than twelve (12) inches
within such natural areas. Unimproved vacant parcels adjacent to improved parcels will be inspected
by the City to determine severity of hazard to the improved property. If it is determined by the City
that the property does pose a hazard, the ()Owners of the unimproved vacant parcels ads accnt to
will be required to keep twenty (20) feet of their parcel that is adjoining an
improved parcel of land free and clear of all fallen trees, limbs and brush exceeding thirty-six (36)
inches in height.
(b) Maintenance of improved residential lots. The owner of an improved lot in a
residential zone with lot sizes of one acre or less shall keep such lot free and clear of all fallen trees
and limbs. All weeds, grass and brush shall be cut to a height not exceeding twelve (12) inches.
However, nothing in this subsection shall be construed to require natural areas located within larger
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2000 -0 -15
4
improved lots to be cut to a height less than twelve (12) inches within such natural areas.
(c) Maintenance of unimproved residential lots. Unimproved vacant parcels adjacent
+01,, to improved parcels will be inspected by the City Fire Department and Code Enforcement to
determine severity of hazard to the improved property. If it is determined by the City that the
property does pose a hazard, tFhe owner ofan the unimproved lot in a residential zonc with lot sizes
• • • . - - - - • will be required to keep that portion of the property abutting within twenty
(20) feet of any the improved lot, sidcwalk, stiLct oi bicycic path free and clear of all fallen trees and
limbs, and all weeds, grass and brush therein shall be cut to a height not exceeding thirty-six (36)
inches within such area.
(d) Garbage, waste, trash, etc., prohibited. The owner of every lot, piece and parcel of
land located within the city shall keep each such lot, piece and parcel of land free and clear of
4or► garbage, waste, trash, debris and junk.
(e) No property maintenance permit required; other restrictions and requirements
applicable. No permit shall be required for the limited property maintenance required by this
section; however, the requirements, restrictions and limitations imposed by other sections of this
Code and applicable provisions of the land development code pertaining to environmental
preservation, tree removal, change of grade, etc., shall be applicable. In the event of any conflict
between this section and any other provision of this code or applicable provision of the land
development code, the other sections of this code or applicable provisions of the land development
code shall prevail and govern.
Now
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2000 -0 -15
5
Section 10 -95. Notice of violation.
(a) Service. Upon determination by the code enforcement officer that a violation of this
Nur article exists, a notice shall be provided to the property owner by certified mail, return receipt
requested; by hand delivery by the code enforcement officer, a member of the Edgewater Police
Department or other person designated by the city council; or by leaving the notice at the owner's
usual place of residence with any person residing therein who is above eighteen (18) years of age and
informing such person of the contents of the notice. Notice may also be served by publication by
publishing such notice once during each week for four (4) consecutive weeks in a newspaper of
general circulation in Volusia County. The newspaper shall meet such requirements as are
prescribed under Chapter 50, Florida Statutes, for legal and official advertisements.
(b) Content. The notice shall require that the owner cause the violation to be remedied
*NW within ten (10) forty-five (45) calendar days of receipt or within tcn. (10) forty-five (45) calendar days
of receipt to file a written notice of appeal with the Secretary of the Code Enforcement Board
requesting a hearing before the Code Enforcement Board. The notice shall further state that in the
absence of compliance or the filing of a notice of appeal within the ten forty-five (45) day time
period, the city shall have the right to enter onto the property and take such action as is necessary to
remedy the violation without further notice to the owner. The actual costs of such action plus the
administrative costs as determined by the city shall become a lien upon the property until paid. If
a written notice of appeal is timely filed with the Secretary to the Code Enforcement Board, the
Secretary shall notify the owner by certified mail, return receipt requested, of the date and time when
*40w
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2000 -0 -15
6
the owner, his agent or representative shall appear before the Code Enforcement Board to show the
board that the condition described in the notice of violation did not exist at the time the notice was
`rr,• issued. The notice shall also state that if the owner fails to appear before the Code Enforcement
Board at the designated time, in person or by representation, and has failed to take action to remedy
the condition before the date specified for compliance, then the owner shall be deemed to have
authorized the city to enter onto the property and take such action as is necessary to remedy the
violation without further notice to the owner. The actual costs of such action plus the administrative
costs as determined by the city shall become a lien upon the property until paid.
(c) Ownership. For the purpose of giving notice to the owner, the name and address of
the owner according to the records of the property appraiser of the county shall be used.
Section 10 -96. Hearing before code enforcement board.
(a) The Code Enforcement Board shall provide each property owner who elects to appeal
a notice of violation an opportunity to appear, be heard and to present evidence or testimony. Upon
hearing all testimony and evidence concerning the alleged violation, the Board shall determine
whether or not the condition as described in the notice of violation existed at the time the notice was
issued and, if it is determined to have existed, whether the condition continues to exist and should
be remedied at the expense of the owner. The Board shall inform the owner of its decision at the
meeting.
(b) If the Board determines that the condition as described in the notice of violation did
not exist at the time the notice was issued then the notice of violation shall be deemed of no further
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2000 -0 -15
7
effect.
(c) If the Board determines that the condition as described in the notice of violation does
'`•► exist and should be remedied at the expense of the owner, thc uwilci shall havc tc 1(10) days from
thc date of the Board's dctciininatio« the Board shall determine the amount of time within which the
owner may be allowed to remedy the violatio , • • . - - . • • • - and come into
compliance. Upon the failure of the owner to remedy such violation within the time allowed, the city
shall enter upon the property and take such action as is necessary to remedy the violation without
further notice to the owner.
(d) If action to remedy the violation is taken by the city, the actual costs of such action
plus administrative costs (including the cost of publication) as determined by the city shall be owed
by the owner to the city and shall constitute a lien against the property until paid. If the owner takes
action to remedy the violation after the time allowed, including any extensions if granted, the
administrative costs shall be owed by the owner and shall constitute a lien against the property until
paid.
PART B. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
'`r
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2000 -0 -15
8
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 become effective immediately upon adoption.
PART F. - ADOPTION
After Motion by and Second by
the vote on first reading of this ordinance held on , 2000, was as follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
Nur
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2000 -0 -15
9
`oka•y After Motion by and Second by
the vote on second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this day of , 2000.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Donald A. Schmidt
City Clerk Mayor
Now
Robin L. Matusick
Legal Assistant
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2000 -0 -15
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