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03-15-2010 Voting Order Councilwoman Rogers Councilwoman Bennington Councilwoman Rhodes Councilman Cooper Mayor Thomas AMENDED AGENDA CITY COUNCIL OF EDGEW A TER REGULAR MEETING MARCH 15, 2010 6:00 P.M. COUNCIL CHAMBERS We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 2. APPROVAL OF MINUTES a. Regular Meeting - January 25, 2010 b. Regular Meeting - February 8, 2010 3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TES/DONA TIONS a. Presentation of a plaque to Kathy Cornelius for her retirement after 30 years of dedicated service to the City of Edgewater. 4. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to three (3) minutes or less. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS 7. CONSENT AGENDA All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the Council, in which case the Mayor will remove that item trom the consent agenda and such item will be considered separately. a. Award of contract for establishing a procurement card program with FIA Card Services, N.A., Bank of America Company. b. Request to approve Disposal of Fixed Assets. c. Authorization for East Volusia Mosquito Control District to make low level aerial inspection and spray flights. d. Consideration of approval of a contribution in the amount of $6,000.00 to be used towards the cost of the fireworks display for the annual 4th of July event. City Council Agenda March 15,2010 Page-2- 8. PUBLIC HEARING, ORDINANCES AND RESOLUTIONS a. 1st Reading Ordinance No. 2010-0-04 - CSC Properties Inc., requesting annexation of2.15:i: acres of land located at 2798 S. Ridgewood Avenue. b. 151 Reading Ordinance No. 2010-0-05 - CSC Properties Inc., requesting an amendment to the Comprehensive Plan Future Land Use Map to include 2.15:i: of land located at 2798 S. Ridgewood Avenue as Commercial. c. 151 Reading Ordinance No. 20 1 0-0-~06 - CSC Properties Inc., requesting an amendment to the Official Zoning Map to include 2.15:i: acres ofland located at 2798 S. Ridgewood Avenue as B-3 (Highway Commercial). 9. BOARD APPOINTMENTS a. Councilwoman Rhodes' appointment to the Recreation/Cultural Services Board. b. Mayor Thomas' appointment to the Volusia Growth Management Commission due to the resignation of Sandy Jones. 10. OTHER BUSINESS a. Request of the New Smyrna Beach Barracuda Band for donations to purchase new band uniforms. b. Request for consideration in reducing annexation/development fees for property located at 3515 US Highway 1, Indian River Self Storage. c. Request for consideration in reducing impact fees for a new 5,200 square foot animal clinic located at the southwest comer of the intersection of Rankin Drive and South Ridgewood Avenue. II. OFFICER REPORTS a. City Clerk b. City Attorney c. City Manager i. Direction on Code Enforcement Liens ii. Brownfield Area Workshop March 23rd at 5:00 PM 12. CITIZEN COMMENTS 13. ADJOURN Note: All items for inclusion on the April 19.2010 agenda must be received by the City Clerk's office no later than 12:00 pm, April 8.2010. 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 wil/need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. /n accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should colltact City Clerk Bonnie Wenzel, 104 N Riverside Drive. Edgewater, Florida. telephone number 386-424-2400 x 1/01. 5 days prior to the meeting date. if you are hearing or voice impaired. contact the relay operator at 1-800-955-877/. AGENDA REQUEST Date: March 15. 2010 PUBLIC HEARING CONSENT X RESOLUTION ORDINANCE OTHER BUSINESS_ CORRESPONDENCE ITEM DESCRIPTION: Award of Contract for establishing a procurement card program with FIA Card Services, N.A., a Bank of America company BACKGROUND: Hillsborough County has agreed that local government entities may utilize the procurement card program of Hillsborough County as the basis for establishing a procurement card program with FIA Card Services, N.A., a Bank of America Company. This contract was conducted by Hillsborough County Florida under RFP No. S-0001-09(JSW), Purchasing Card Program Services. This Contract continues through August 16, 2014. At the sole option of Hillsborough County it may be extended for up to one additional five-year period at the same terms and conditions. STAFF RECOMMENDATION: Authorize the City Manager to execute the Hillsborough County Procurement Card Program Linking Authorization Contract for establishing a procurement card program with FIA Card Services, N.A., a Bank of America company. ACTION REQUESTED: Motion to authorize the City Manager to execute the Hillsborough County Procurement Card Program Linking Authorization Contract for establishing a procurement card program with FIA Card Services, N.A., a Bank of America company. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) n/a PREVIOUS AGENDA ITEM: DATE: YES NO 25- AGENDA ITEM NO. Concurrence: G\-:-h~~ A ,Nf' ~> ) Robin Matusick Parale al EXHBIT II HILLSBOROUGH COUNTY PROCUREMENT CARD PROGRAM LINKING AUTHORIZATION CONTRACT RFP NO. S-OOOl-09(JSW) I-lillsborough County has agreed that local govel11ment entities (each a "Local Public Body") may utilize the procurement card program of Hillsborough County ("Procurement Card Program") as the basis for establishing a procurement card program with FIA Card Services, N.A., a Bank of America company. This Linking Authorization is entered into by City of Edgewater, Florida ("Company") and FIA Card Services, N.A., a Bank of America company, ("Bank of America") as of (the "Effective Date"). By signing this Linking Authorization, the govel11ment entity requests and Bank of America agrees to provide to the entity the corporate purchasing card services as set forth in the Bank of America Corporate Purchasing Card Agreement between Hillsborough County and Bank of America dated as of August 5, 2009, and the Modifications to Bank of America Corporate Purchasing Card Agreement dated as of August 20, 2009, (collectively, the "Card Agreement"). Capitalized tenns used in this Linking Authorization, not otherwise defined, have the meanings given to them in the Card Agreement. The government entity acknowledges and agrees that it has received and reviewed a copy of the Card Agreement and agrees to adhere to the terms and conditions of the Card Agreement, as amended from time to time. The govel11ment entity represents and walTants to Bank of America that: 1. it is a Local Public Body; 2. its contracting for purchasing card services with Bank of America, and its perf0l111anCe of its obligations under this Linking Authorization and the Card Agreement will not violate any law, regulation, judgment, decree or order applicable to the entity; and 3. it desires to utilize the Procurement Card Program of Hillsborough County as the basis for establishing a procurement card program. Bank of America represents and walTant agrees that with respect to each government entity and Hillsborough County: 1. that the combined total spend of all entities that enter into this agreement will be used to establish the rebate multiplier 2. that the rebate amount will be detel111ined by the individual entity spend multiplied by the groups' rebate multiplier 3. that entities that have joined the linking Agreement shall receive an initial rebate for the period up to September 30th of the joining year, and for each year thereafter must have a spend of $1 ,000,000 to qualify for a rebate 4. that each entity will be paid their rebate within sixty (60) days of the end of the Calculation Period 5. rebate check shall be issued no later than December 31 st of each year The government entity acknowledges and agrees that, notwithstanding anything to the contrary in the Card Agreement, Bank of America may disclose to Hillsborough County and to each other Local Public Body that utilizes the Procurement Card Program of Hillsborough County as the basis for establishing a procurement card program with Bank of America: (i) entity's name and the fact that entity has entered into this Linking Authorization; and (ii) aggregate infonnation about entity's Transactions and spend volume. This Linking Agreement is solely for the purpose of determining a multiplier for rebates to the pm1icipating govemmental entities and in no way creates a liability for any govemmental entity for the expenditures of other participating governmental entities. This Linking Authorization and the Card Agreement constitute and represent the entire a!:,JTeement between the government entity and Bank of America regarding the corporate card services Bank of America provides to Company anywhere in the world and supersedes and extinguishes all prior agreements, understandings, representations, wan"anties and arrangements of any nature (including requests for proposals and other sales material), whether oral or written, between the entity and Bank of America relating to such corporate card serVIces. IN WITNESS WHEREOF, the parties hereby execute this Linking Authorization as of the Effective Date. CITY OF EDGEW A TER, FLORIDA FIA CARD SERVICES, N.A. Govcmmcnt Entity Signatur.c: Signaturc: Namc: TRACEY BARLOW Titlc: CITY MANAGER Namc: Titlc: 2 BOARD OF COUNTY COMMISSIONERS Kevin Beckner Rose V. FerUta Ken Hagan N Higginbotham Jim NOIman Mark Sharpe Kevin White I-Iillsborougq. County Florida Office of the County Administrator Patricia G. Bean ADMINISTRATORS 1 ucia E GalSYs Carl S. Harness Eric R. Johnson Michael S. Merrill Manus J. 0' Donnell Edith M Stewart August 14, 2009 VIA FACSIMILE Fax Number: (404) 532-3484 Original By Mail Glenna Thompson FIA Card Services, N.A., A Bank of America Company 101 E. Kennedy Blvd. Tampa, Florida 33602-5279 RE: RFP NO. S-0001-09(JSW), PURCHASING CARD PROGRAM SERVICES NOTICE TO PROCEED Dear Ms. Thompson: Pursuant to the provisions of the above named Contract awarded to you on August 5,2009, Hillsborough County does hereby advise that you may begin performance of the work and/or services required. The effective date of this NOTICE TO PROCEED is August 17,2009. This Contract continues through August 16,.2014. At the sole option of the County it may be extended for up to one (1) additional five..year period at the same terms and conditions. If you have any questions, please contact me at 813-301-7087. We look forward to working with you on this proj ect. JSW/jrh CC: Linda Wheat, Project Manager, Department of Procurement Services Gail Letzring, Sr. Manager, BOCC Records BOCC Accounting, Contracts Section G:\ WPF\CONT_ADM\FY 09\S-000 1-09( Jswr.9rMc?lt1c~r~ox~_tl ),.Od'o'[ampa, Florida 33601 www:tiilfs ~5roughcounty .org A" A~I'f";'''' A,..i,.....,fr::,.,.,,.I r'lJo....^"""'"'....if..' J:.....hl.......... ClI 'C ClI III 'C C ::l ~ -g III ClI 'C ~ ~ nJ ~g'~,~ ..:: ",E i~@cr: ~.E~~ ~ 0 c C "".c~ ~ > ~ ~ Eco ..CO l!!-g~'C a 5-g1l o Q.ClI.c Q:Oo::~ III g u ~ g ~~ C e ~ ::l ClI III 0 E E U l!! E ~ B ~ ::I e CI) e Q. B:~o o:~c i: Gl E ~ III Q. ClI C Vl W U ;; a: w Vl", ~~~ Cl N 5 ~~~:g VlQ. 51- :1o-,ctt "'a: c. ~u<t Qj~' (:) nit::. eClO"" 9~g'9 l/) Vl ,- N ;..: ~ ~ ~ lluo~ E a: _ " Z::l ~ :Jl ~ 0- e:~g-~ a:r=Q:~ - ~Z ~ ~~ w 0 ;;~III~ ;i 0:: .0 w Zu 0 (/)00<( l- e "" Cl .,. ll'l ll'l ll'l 0 10 oi=i=~ Cl II') ... Cl ~~~ffi ~ ::i: u O~ ..... ~ ~u. ~ u. <to ~(I) z [2a5 ::i: 01- u) 0..(1) 0::>- ::; .... 0(1) 0 ClI U~ ~ "0 l<:w Z ~~ z z (/)~ :E :::l W..... I (/)~z 50Q 0 -I- u) .... ~~~ :::l GI CO z~ ::i: "0 o -0 :::l Z ::i:l<:(I) ..... ~~~ 0 u ..., ~ ~<l: ..... u. 00 ~. .... 0::- ClI -0:: '0 IO 1-..... ~ z :t:u. t;: l- ii: oS! en .c _ II') 'iij ,!;; 0 0 0 III III III III II') 0 en 0 III N .... .... ~o.. ClI i::: Cii 0 '" V) ,~ 'C a. e III ~ .. ~ Cll c D 'r:: 1) c.; '0 ClI c: a. !l .... 'c E 0 .. c ClI u :~ en ClI ~ "0 0 15 en Q. Co III 0 0 0 ".:f'. e c Q: CO 1! Q: Cll III ClI -5 w ::I ::i: E 01 CO {!. "iii 'E ClI Cll r:: (I) > Cl e 'iij w J Cll c: 'C c: Co B ~ c .!!I Cll Co Cll 'C ~ <t ::J 8 0 w c ClI B "'" '0 .. E l!! c B ~ III ClI a.. CO e! ~ ~ 'r:: !oE ..Q 0 8 01 ~ "iii ~ 'C ~ e ClI 0 ~ ::I a.. a. l- (/) 0 0 ..; N ,.; .; on tD ,...: 00 ~ 0 '" III ':; ClI "C n; 'r:: ~ III E al n; Iii .... oS III > 'iij c: 0 C. 0> l!! .: -5 0 c u: -g 8 E ~ ClI III I 'C en ~ en 0 c. 0 .... a. " .... w ClI ~ "0 z en c 9i ci .' BOARD OF COUNn' COMMISSIONERS Kevtn lk.kner ROle V. Ferllto Ken H3g3n AI Higginbotham Jim NOmlun M.rk Sh.~ Ke vin WIt; Ie Hil1sboro~ County Flonda Office of the County Administrator Patricia G. Bean ADMINISTRATORS lucl. E. G.rsys Curl S. Humen Eric R. Johnson Mieluel S. Merrill Mmus J. 0' Donnell Edilh M. Ste"""t Date: June 24, 2009 ~ Jam~s Wunderle, Procurement Services J ; JrY Linda Wheat, Evaluation Committee Chairperson, Procurement serviceLY To: From: Subject: RFP No. S-OOO 1-09(JSW), Purchasing Card Program Services Evaluation Summary The Evaluation committee met on June 22, 2009 for the purpose of evaluating the response to the above.RFP,. Scoring members of the Evaluation Committee were: . Linda Wheat, Purchasing Card Supervisor, Procurement Services (chair) · Eric Meserve, Sr. Procurement Analyst, Procurement Services . Nancy Arias, Manager, Clerk of the Circuit Court System Support . Paul Carey, Expenditure Supervisor, Clerk of the Circuit Court BaCC Accounting . Pat Cosgrove, Manager, Infonnation and Technology Services . Sharon Lynn, Accountant II, Parks, Recreation and Conservation . Thomas Foley, Project Manger II, Public Works Additionally, in attendance at the June 22, 2009 meeting was: . James Wunderle, Sr. Procurement Analyst, Procurement Services A single proposal for this RFP was evaluated from FIA Card Services, N.A., a Bank of America Company (Bank of America). The committee based their evaluation of the written proposal on the evaluation criteria as stated in the RFP:Web-::based Card Management Application, Program MaJl!igement, Technical . Appi(fach~"S6ftware LiCenSing ProvisiOiis;Expe-ricnc(fimcl"Qualificafions. -. -.--- - --, -.-.. - ----.-------- O:\Purchasing Card\Administralive\Bid PCard Services S-OOOI-09\Evalualion Summary. doc Post Office Box 1110' Tampa, Florida 33601 www.hillsboroughcounty.org James Wunderle June 24, 2009 Page 2 Web-based Card Management Application The evaluation team scored the web-based card management application with 18 points out ofa possible 20. Bank of America's web-based card management application has robust functionality and is the system currently used with the County's PCard Program Unique features include ePayables (accounts payable electronic payment solution). Program Management The evaluation team scored the program management with 9 points out of a possible 10. Bank of America provided a comprehensive implementation schedule; however, since the County is an existing Bank of America customer, the transition from the State of Florida Contract to our own will be seamless. Bank of America provided alternatives to our current billing cycle that will better support the County's fiscal year as well as offering the capability to receive the central billing statement electronically. Bank.of-America indicated in their proposal.,.and has proven, that they are fully capable of providing a Purchasing Card Program to the County. As the incumbent, they have first hand experience administering the County's Program. Technical Approach The evaluation team scored the technical approach with 4 points out of a possible 5. Bank of America provided a comprehensive approach to the implementation and ongoing support of the County's Purchasing Card Program. Software Licensing Provisions The evaluation team scored the software licensing provisions with 5 points out ofa possible 5. Bank of America did not have any additional requirements other then those listed in the RFP document to include in the terms and conditions . - --Experience The evaluation team scored the experience with 5 points out of a possible 5. G:\Purchasing Card\Adminislrative\Bid PCard Services 5.000 1.09\Evalu8lion Summary.doc .. James Wunderle June 24,2009 Page 3 Bank of America provided sufficient responses to the narrative questionnaire regarding their experIence. Qualifications The evaluation team scored the qualifications with 5 points out of a possible 5. Bank of America provided sufficient responses to the narrative questionnaire regarding their qualifications. The Evaluation Committee scored the proposal and Bank of America received 46 out of a possible 50 points. Following the scoring by the Evaluation Committee, Procurement Services introduced the incentives and costs. As the only proposer, Bank of America received the full 50 points allocated for Purchase Volume Incentive. As the chairperson of the Evaluation Committee, I request that Procurement Services begin the . appropr.i~.t~ p'~ocess for the Awards Committee review of the recommendation to secure the services of Bank of America. . .... cc: Jan Jardieu, Manager, Procurement Services G:\Purchasing Card\AdminislIalive\Bid PCard Services S-OOOI-09\Evalualion Summlll'}'.doc " rn Q) () --'~ ~ Q) CI)CI) ;-, ~ '--' >< 0\ ....... o I-< b I bOro.., -0"=:::4 Ol-<~ o P-. bl) q ""0 s:: CI) ~'C . U 0 o u Z bO C/'J s:: ~...... ga~ () I-< ;::i .c.. ::l ("I .... J.. ~ El < ..... o ..::s= Cl ::l ~ ~ ~ <Sa :' t1 0 < c.. 1:'. . El d Z 0 .... ~u 8 ~ ~ 'E ~ ~ en 't:I J.. t1 U :S ~ c:> - <n ,.c.... ,- Cl <n .... rI'.l 0 o~ ~ t1 'C ~ ..... .... J.. U Cl .S! ..... ~ =' c; > ~ OJ (J o M o ..... = .~ - ~ .~ - c. c. -< - = ~ a ~ b1l ~ = ~ ~ "0 1-0 ~ U "0 Cl) '" c:I' t:l:l " .0 ~ ~ .z.: = ~ a ~ b1l c:I = c:I ~ ,. 5.. ~ 1-0 b1l o J.. p.. M .... ~ ..i:i u ~ o l-o Q.. 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CI) ;z 0.. -;-: 0 Hillsborough County S-OOOl-09(JSW) Purchasing Card Program Services STANDARD TRANSACTIONS REBATE MULTIPLIER TABLE HiIIsborough County BOCC Cycle 7 14 14 30 30 30 30 30 Florida days Annual USD Card Volume Tiers Grace 3 3 7 3 7 14 20 25 days Excludes Large Ticket REBA TE BASIS POINTS $1,000,000 $9,999,999 104 100 96 92 88 81 75 70 $10,000,000 $14,999,999 124 120 116 112 108 101 95 90 $15,000,000 $19,999,999 144 140 136 132 128 121 115 110 $20,000,000 $39,999,999 159 ]55 ]51 147 ]43 136 130 125 $40,000,000 $49,999,999 161 157 ]53 149 145 138 ]32 ]27 $50,000,000 $59,999,999 ]64 160 156 ]52 148 141 ]35 ]30 $60,000,000 $69,999,999 ]65 ]61 157 153 ]49 ]42 136 131 $70,000,000 $79,999,999 166 162 ]58 ]54 150 143 137 132 $80,000,000 $89,999,999 167 163 ]59 155 151 144 138 133 $90,000,000 $99,999,999 ]68 164 160 156 152 145 ]39 134 $] 00,000,000 $114,999,999 ]69 ]65 ]6] 157 153 ]46 ]40 135 $115,000,000 $129,999,999 170 ]66 162 ]58 154 ]47 ]41 136 $130,000,000 $149,999,999 171 ]67 163 ]59 155 ]48 142 137 $150,000,000 $174,999,999 172 168 164 ]60 156 ]49 143 138 $175,000,000 $199,999,999 173 169 ]65 ]6] ]57 150 144 ]39 $200,000,000 + 174 170 ]66 162 ]58 15] 145 ]40 LARGE TICKET INTERCHANGE TRANSACT]ONS REBA TE MULTIPLIER TABLE Large Ticket Interchange Cycle 7 14 ]4 30 30 30 30 30 Days Qualified Transactions Grace 3 3 7 3 7 ]4 20 25 Days Annual Volume REBA TE BASIS POINTS $0 $1,499,999 44 39 35 31 27 20 ]5 10 $1,500,000 $4,999,999 54 49 45 4] 37 30 25 20 $5,000,000 $] 9,999,999 64 59 55 5] 47 40 35 30 $20,000,000 + 74 69 65 61 57 50 45 40 G:\Purchasing Card\Administrative\Bid PCard Services S-OOOI-09\Mods\Mod I\S-OOOI-09(JSW) PCard Program Services Multiplier Table.doc PAT FRANK """\\\ --1.UIT Calli fi,~~""''''''''~111 ,... . .. ~ ~p: :~~ b~. rlt.. /~J "'of' '. '6.,(;':, 'il+1~"''''''~~+': lll\;~~~i~--- Clerk of the Circuit Court 13th Judicial Circuit MEMORANDUM. DATE: August 27, 2009 . TO: James Wunderle, Procurement Services FROM~ail M. Letzring, Manager, BaCC Records SUBJECT: First Modification to Agreement (09-0810) with FIA Card Services National Association a Bank of America Company - Purchasing Card Program Services Bid No. S-0001-09(JSW) Attached is an executed original of subject agreement, Document 09-0898, approved by the Board on August 20, 2009. Weare providing the original to you for further handling. md Attachments cc: Board files (orig.) FIA Card Services N.A., a Bank of America Company via Procurement Services Eunice Hazim via Procurement Services John Hollingshead, Procurement Services Ruth Fernandez, BaCC Accounting Paula Rosado, BOCC Accounting 601 East Kennedy Boulevard. P.O. Box 1110 Tampa, Florida 33601-1110. Telephone 813.276.8100 An Affirmative Action - Equal Opportunity Employer Agenda Item Cover Sheet Agenda Item NO' Meeting Date August 20,2009 o Consent Section X Regular Section. o Public Hearing Subject: Approve Modification No. One (1) to RFP No. S-0001-09(JS\\I), Purchasing Card Program Services with FIA Card Services, National Association, a subsidiary of Bank of America Corporation (BOA). De artment Name: Mana ement Services, De artment of Procurement Services Lula F. Banks, Ed.D.,CPPB, CPPO, Contact Person: Director Sig - ff Approvals: ',. jj, "'aM' Staffs Recommended Board Motion: Approve Modification No. One (1) to the revenue producing RFP No.S-0001-09(JSW), Purchasing Card Program Services with FIA Card Services, National Association, a subsidiary of Bank of America Corporation (BOA) that has the potential to increase the revenue to the County by approximately $114,553.62 for FY 10 - 14, from $1,446,987.64 (revenue projected based on County expenditures in the $20,000,000.00 - 49,999,999.00 tier which provided a 1.25% rebate in the original agreement) to $1,561,541.26 at the new rebate rate of 1.36%. No additional County funds are required. . Financial Impact Statement: This Modification increases the potential revenue projection for FY ] 0 - 14 by approximately $114,553.62, from $1,446,987.64 (revenue projected based on County expenditures in the $20,000,000.00 - $49,999,999.00 tier which provided a 1.25% rebate in the original agreement) to $1,561,541.26 at the new rebate rate of 1.36%. No additional County funds are required. . Background: The Board awarded revenue producing RFP No. $-000] -09(JSW), Purchasing Card Program Services at their regular meeting on August 5, 2009. Based upon the rebate tier structure at that time, the County estimated revenue of$],446,987.64 to be received in FY 10 - 14. After further negotiations with BOA, the rebate percentages have been increased, providing for a higher level of rebate at every expenditure tier above $14,999,999.00. The purpose of this Modification is to change the revenue tier structure which in turn, increases revenue potential to the County by approximately $1) 4,553.62 to $1,561,541.26 at a 1.36% rebate for the same five-year period. As the County's expenditures increase above the projection, so will the rebate percentage. Additionally, the Modification allows for 1) any local government entity to utilize the contract and 2) a Linking Authorization structure for other local government entities wishing to utilize our contract so that the rebate ercenta e is determined b the combined ex enditures of all the entities utilizin our contract. List Attachments: Modification A reement No. One ] t) 1~ 09 'f e .(IOleft.) G:\Agenda Fi1cs\Agenda Files 09\08 1 909\S-000 J -09(JSW) PCard Program Mod] Agenda.doc Office of the County Administrator Patricia G. Bean ~DMINISTRATORS Lucia E. Garays . Carl S. Harness Eric R. Jolm.on Michael S. Memll Manu. J. O' Donnell Edith M. Stewart BOARD OF COUNTY COMMISSIONERS Kevin Bcc\cmr . Rose V. Ferlit:> Ken Hagm AI Higginbotham Jim Nonnan Mark Sharpe Kevin White Hillsborough County Flonda MEMORANDUM DATE: August 19, 2009 TO: The Board of County Commissioners FROM: ~ Patricia G. Bean, County Administrator SUBJECT: . Additional Item to be heard at the August 20, 2009, Budget Workshop The attached agenda item is a request to approve modification No. 1 to RFP No. S-OOO 1- 09(JSW), Purchasing Card Program Services with FIA Card Services, National Association, a subsidiary of Bank. of America Corporation (BOA). This item was originally intended to be brought to you at the August 19, 2009 BOCC Regular Meetmg. However, the item was not completed. Due to the time sensitive nature oftrus item, I have decided to bring it for your review at the August 20,2009 Budget Workshop. If you have any questions regarding the item, please contact Lu Banks at 272-5790. Cc: Renee Lee, County Attorney Jim Barnes, Internal Performance Auditor Eric Johnson, Management Services Administrator Lu Banks, Director, Procurement Services Post Office Box 1110' Tampa, Florida 33601 www.hillsboroughcounty.org An AffiTl'rlluiUf" Arrirm/Enurtl Of'lhnTrunih fmhJfroIrT FIRST MODIFICATION AGREEMENT THIS FIRST MODIFICA TION AGREEMENT, dated this :2 0 #t day of ~, 2009, is entered into by and between HILLSBOROUGH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY"; and FIA CARD SERVICES, NA TIONAL ASSOCIATION, A SUBSIDIARY OF BANK OF AMERICA CORPORATION hereinafter referred to as "CONTRACTOR." WITNESSETH WHEREAS, the COUNTY and CONTRACTOR entered into an Agreement dated August 5, 2009 concerning the COUNTY'S RFP No. S-0001-09(JSW), entitled Purchasing Card Program Services, Board of Commissioners (BOCC) Document Number 09-0810 for Hillsborough County; and WHEREAS, the Agreement, Part B General Condition, Page GC-4, Article 8 Changes In The Work permits the modification of the terms and conditions thereof; and WHEREAS, the parties wish to modify certain terms of the contract, and WHEREAS, the parties have determined that modifying the Agreement would inure to their mutual benefit. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, additional to those heretofore made, the Agreement is hereby modified as follows effective upon BOCC approval: 1. The recitals set forth above are true and correct and are incorporated herein by this reference. 2. Delete in its entirety the wording on Part B, Specifications, 2. Minimum Specifications, Page MS-l, Section 1.7 and replace with the following: 1.7 Participating Entity: A local government entity (each a "Local Public Body"). 3. Delete in its entirety the wording on, Part B, Specifications, 2. Minimum Specifications, Page MS-I, Section 2.4 and replace with the following: 2.4 The Purchasing Card Program may be utilized by the County and Participating Entities. 4. Delete in its entirety the wording for Part B, Specifications, 2. Minimum Specifications, Page MS-: 7, Section 14.4.1 and replace with the following: 14.4.1 Revenue Sharing Incentive Calculation is detailed in Linking Authorization Contract, Exhibit II. 5. Delete in its entirety the wording on Part B, Specifications, 2. Minimum Specifications, Page MS-8, Sections 14.6.1 and replace with the following: 14.6.1 Revenue Sharing Incentive Payment is detailed in Linking Authorization Contract, Exhibit II. G:\Agenda FiJes\Agenda Files 09\081909\S-OOOl-09(JSW) PCard Program Mod 1 Agreement 0819.doc 1 6. Delete in its entirety the wording on Part B, Specifications, 2. Minimum Specifications, Page MS-8, Sections 14.6.2 and 14.6.3. 7. Delete in its entirety the wording on Part B, Specifications, 2. Minimum Specifications, Page MS-8, Section 14.7 Purchase Volume Incentive Calculation and Payment (Example ). 8. Delete in its entirety the wording on Part B, Exhibit III, Example of Purchase Volume Incentive Calculation and Payment, Page MS-12. 9. Delete in its entirety the wording on Part C Proposal Page P-2 and the CONTRACTOR'S Schedule of Fees and Charges and replace the incentive and fees with Exhibit I Schedule of Fees and Charges of this Modification Agreement 10. Add the additional terms and conditions to the Agreement described in Exhibit II Linking Authorization Contract of this Modification Agreement. All other terms and conditions of the Agreement which do not conflict with this FIRST MODIFICA TION are hereby reaffirmed in their entirety. In the event of a conflict between the terms of this modification and the Agreement, the terms of this modification shall control. REMAINDER OF PAGE INTENTION ALL Y LEFT BLANK G:\Agenda Files\Agenda Files 09\081909\S-OOOl-09(JSW) PCard Program Mod 1 Agreement 0819.doc 2 IN WITNESS WHEREOF, the COUNTY and the CONTRACTOR have caused this FIRST MODIFICA TION to be executed below by their duly authorized representatives. ATTEST: Pat Frank Clerk of the Circuit Court COUNTY: Hillsborough County, Florida BY: II..IU :.<, cP.~~.~ ~ ~._..~..~-s~. tf/. . j\ . . .. . ';l:,'.<j.. .:~ l~. 0. t(o..' <.:~....oo"",~~..., " ......... .... OUGH ..,ta..... CONTRACTOR: FIA CARD SERVICES, NATIONAL ASSOCIA nON, A SUBSIDIARY OF BANK OF AMERICA CORPORATION ~ ChaIrman, ( Board of County ommissioners ATTEST: j~MMP1 ~ ~dv~ature ~C? Y\ V\ L- (l'\ '^ f\ e.y prinp:tl'l:~ 2nd \~nature -Rv. '1- h l~f\$'OPl Printed name of 2nd witness ,(1 I" ,:)j' /1 ~;u '~1:~~~ ~ ~r7 .Uhb?t-~/~ . Authorized signature By: Glenna Thompson (Printed name of signer) Vice President (Printed title of signer) 101 E Kennedy Blvd. Tampa, FL 33602 (Business address of Contractor) File# 8-0001-09(JSW) Department 813.225.8373 (Phone number of signer) AUgUst~ 2009 ~ Date Procurement Services County Attorney BOARD OF COUNTY COMMISSIONERS HILLSBOROUGH COUNTY FLORIDA DOCUMENT NO. 01- 031 g G:\Agenda Files\Agenda Files 09\08 1 909\S-000I-09(JSW) PCard Program Mod 1 Agreement 0819.doc 3 ACKNOWLEDGEMENT FOR CORPORATION STATE OF ;;:J/7~ 1 COUNTY;F /;7!M~""cr- "'1 ~ It If ~ / On this ~.~- of -~tlJ'r, 2009, before me the undersigned authority, personally appeared , to me known to be the individual described in and who executed the foregoing instrument of ~ ~ Gkn~ ,a 8~oo corporation, and who severally as and duly acknowledged the execution of such instrument as such officer aforesaid, for and on behalf of and as the act and deed of said corporation, pursuant to the powers conferred upon said officer by the corporation's Board of Directors or other appropriate authority of said corporation, and who, having knowledge of the several matters stated in said foregoing instrument, certified the same to be true in all respects. He/she is personally known to me or has produced as identification. (Official~U~) (Name of Notary ty~b~~~;:hORIDA .. ......."'fll',,,~ Ruth l.arson .:~ ~ .. if nr-"7A'708- . . - ;Co=~lon D~ (ComrmsslOn Numbl:. i Exp' . AUG 27 2010 " .,.' 1.ffs. ., BO~DED THRU ATL~NllC BONDING CO., INC. (Commission Expiration Date) G:\Agenda Files\Agenda Files 09\081909\S-OOOI-09(JSW) PCard Program Mod I Agreement 0819.doc 4 Bank of America ~ EXHIBIT I SCHEDULE OF FEES AND CHARGES TO BANK OF AMERICA CORPORATE PURCHASING CARD AGREEMENT HilIsborough County, FL I. GENERAL SCHEDULE OF FEES AND CHARGES Capitalized terms which are not defined in this Schedule of Fees and Charges have the meaning ascribed in the Treasury Services Terms and Conditions booklet (the "Agreement"). Payment Method and applicable fee: ACH $0 Annual Card Fee (Per Card): $Waived Late Fee: Assessed if full payment is not received by Payment Due Date. Central Bill Accounts: 2.5% of the total balance Individual Bill Accounts: $29.00 per occurrence Periodic Finance Charge: Prime + 1% Cash Advance Fee: Minimum $5.00, no maximum 3.00% of the transaction amount Convenience Checks: 3.00% of the transaction amount Overlimit Fee: Central Bill Accounts: Assessed when Aggregate Charge Limit is exceeded. $250.00 per occurrence Individual Bill Accounts: Assessed when any Card Limit is exceeded. $29.00 per occurrence International Interchange Fee: 1% of the U.S. Dollar amount Returned Payment Fee: $29.00 per occurrence Copy Fee: $3.00 per copy Logo Fee: (Hot Stamp -'- One choice of color) Waived Blue, red, green, black, white, gold Unique Card Design Fee: As Quoted . If you make a Transaction in currency other than U.S. dollars, Visa or MasterCard will convert the charge or credit into a U.S. dollar amount. The conversion rate on the processing date may differ from the rate on the date of your Transaction. The exchange rate used by Visa will either be (i) a rate selected by Visa from a range of rates available in wholesale currency markets for the applicable central processing date, which rate may differ from the rate Visa receives, or (ii) the government-mandated rate in effect for the central processing date. MasterCard will use an exchange rate of either (i) a wholesale market rate or (ii) a government-mandated rate. Visa and MasterCard will no longer add 1% to the U.S. dollar amount. We add a 1% fee to the U.S. dolIar amount ofany Transaction that is made in foreign currency (the "International Transaction Fee"). The International Transaction Fee will be shown in the Activity section on your billing statement and aggregated in the Other Fees category on the Summary section of your statement. G:\Agenda FileMgenda Files 091081909\5-000 1-09(JSW) PCard Program Mod 1 Agreement 0819.doc 5 Bank of America ~ WAIVER PROGRAM: Depending on whether the Account is a MasterCard account or a MasterCard account, the Account will be subject to either the Visa Liability Waiver Program or the MasterCoverage@ Liability Protection Program. This coverage is designed to protect financial institutions and companies from employee misuse of the Account resulting in unauthorized Transactions. Bank of America will waive Company's liability for waivable charges up to the limit of coverage as provided in the liability waiver program ("Waiver Program") upon notice by the Waiver Program underwriters that the Transaction at issue qualifies as a waivable charge. This waiver will be according to the terms and subject to the exclusions of the Waiver Program as established from time to time by the Waiver Program Underwriters, including without limitation, the condition that Company meets all of its obligations under the Waiver Program which may change from time to time. Current terms of the Waiver Program as set forth in the brochure, which Bank of America will provide to Company are incorporated in this Agreement by reference. The Waiver Program may be terminated by Bank of America or the Waiver Program underwriters, effective immediately upon notice to Company. UP TO $500,000 TRAVEL ACCIDENT INSURANCE (NOT A V AILABLE FOR CORPORATE FLEET CARDS): This coverage will offer up to $500,000 in automatic common carrier travel, accidental death and dismemberment insurance when employees charge the entire cost of the passenger fare for land, sea, or air public transportation on their Cards. A disclosure, which outlines the program details will be provided to Company and cardholders. G:\AgcndB Filcs\AgcndB Files 09l081909\S-OOOI-09(JSW) PCard Program Mod I Agreement OSl9.doc 6 BankofAmerlca ~ II. ELECTRONIC PRODUCTS SCHEDULE OF FEES AND CHARGES TO BANK OF AMERICA CORPORATE Purchasing Card AGREEMENT Internet Software: Works Solutions Waived Standard Reports: All Electronic Products (Desktop & Internet) $0 Custom Reports: Development $100 per hour Maintenance $100 per hour Custom Interface: Interface warranty period of I year Development $100 per hour Maintenance $100 per hour G:\Agenda Files\Agenda Files 09l081909\S-OOOI-09(JSW) PCard Program Mod I Agreement 0819.doc 7 Bank of America ... III. SCHEDULE OF REBA TES BANK OF AMERICA CORPORATE Purchasing Card AGREEMENT COMPANY LIABILITY PROGRAM REBATE DEFINITIONS: Capitalized terms, which are not defined in this Schedule III have the meaning ascribed in Section I of the Agreement to which this Schedule III is attached. "Calculation Period" means the 12-month period commencing October I through September 30 and each subsequent 12-month period thereafter. "Cycle Days" means the number of days from the start of the billing period to the statement date. "Grace Days" means the number of days from the statement date that payment is due. "Large Ticket Interchange Transactions" means certain transactions which, based upon the type of merchant and/or transaction dollar amount, are subject to a Visa or MasterCard large ticket interchange program, as determined by and amended by Visa and MasterCard from time to time. "Rebate Multiplier" means the multiplier corresponding to the Standard Transaction Volume and Cycle and Grace Days as set forth in the Standard Transactions Rebate Multiplier Table, and the multiplier corresponding to the Large Ticket Interchange Transaction Volume and Cycle and Grace Days set forth in the Large Ticket Interchange Transactions Rebate Multiplier Table below. "Standard Transactions" means the Transaction Volume not meeting the criteria for Large Ticket Interchange Transactions. "Total Credit Losses" means, for any Calculation Period, the sum of (i) Bank of America's credit losses on the Accounts for the Calculation Period and (ii) Bank of America's credit losses on the Accounts for any previous Calculation Period which have not been applied against any rebate payable under this Agreement. "Transaction Volume" means, for any Calculation Period, the total dollar amount of purchase transactions made with the Cards during the Calculation Period, less the total dollar amount of: returned purchases, credit adjustments, Transactions resulting from Unauthorized Use, and disputed charges. Cash advances and Convenience Checks are not included in Transaction Volume. REBA TE CONDITIONS: The program must meet the following conditions in order to qualifY for a rebate: (i) During the Calculation Period, Hillsborough County and Participant pay Bank of America the total amount of the new balance shown as due on each Billing Statement on or before the Payment Due Date; (ii) Neither Hillsborough County nor Participant has breached any obligation, covenant, representation or warranty contained in this Agreement; (iii) For the Calculation Period, and Transaction Volume is at least $1,000,000.00. REBATE CALCULATION AND PAYMENT: In the event that all of the above Rebate Conditions are met with respect to the Calculation Period, Bank of America shall pay a rebate to HiIlsborough County, which shall be calculated at the end of the Calculation Period in accordance with the respective Multiplier Tables for Standard and Large Ticket Interchange Transactions and using the following equation: (Transaction Volume for Standard Transactions x Rebate Multiplier) + (Transaction Volume for Large Ticket Interchange Transactions x Rebate Multiplier) - Total Credit Losses O:\Agenda Files\Agenda Files 09l081909\S-OOOI-09(JSW) PCard Program Mod 1 Agreement 0819.doc 8 Bank of America...... Payment of any rebate shall be made by ACH credit or other means determined by Bank of America, within ninety (90) days following the end of the Calculation Period. No bonus incentive or transaction volume growth incentives is available to Linking Agreement participants. Should one or more of the above Rebate Conditions not be met, Bank of America shall be under no obligation to pay any rebate, although Bank of America may, in its sole discretion, determine to pay a rebate in an amount determined by Bank of America. Bank of America's payment of a rebate in such circumstance shall in no way obligate Bank of America to pay a rebate with respect to any subsequent Calculation Period. STANDARD TRANSACTIONS REBATE MUL TlPLIER TABLE Hillsborough County BOCC Cycle 7 14 14 30 30 30 30 30 Florida days Annual USD Card Volume Tiers Grace 3 3 7 3 7 14 20 25 days Exc]udes Large Ticket REBA TE BASIS POINTS $] ,000,000 $9,999,999 104 100 96 92 88 81 75 70 $] 0,000,000 $]4,999,999 124 ]20 1 ]6 1]2 108 101 95 90 $15,000,000 $] 9,999,999 144 ]40 136 132 128 121 115 ]10 $20,000,000 $39,999,999 159 155 151 147 143 136 130 125 $40,000,000 $49,999,999 161 ]57 153 149 145 138 132 127 $50,000,000 $59,999,999 164 160 156 152 148 141 135 130 $60,000,000 $69,999,999 165 16] ]57 153 149 142 136 131 $70,000,000 $79,999,999 ]66 ]62 158 154 150 143 137 132 $80,000,000 $89,999,999 167 163 159 155 ] 51 144 138 133 $90,000,000 $99,999,999 168 164 160 156 ]52 145 139 134 $100,000,000 $114,999,999 169 165 161 157 153 146 140 135 $] ] 5,000,000 $129,999,999 170 166 ]62 ]58 154 147 141 136 $130,000,000 $149,999,999 171 167 163 159 155 148 142 ]37 $] 50,000,000 $174,999,999 172 168 164 160 156 149 143 138 $175,000,000 $199,999,999 173 169 165 161 157 150 144 139 $200,000,000 + 174 170 166 162 ]58 151 ]45 140 LARGE TICKET INTERCHANGE TRANSACTIONS REBATE MUL TIPLIER TABLE Large Ticket Interchange Cycle 7 ]4 14 30 30 30 30 30 Days Qualified Transactions Grace 3 3 7 3 7 14 20 25 Days Annual Volume REBATE BASIS POINTS $0 $1,499,999 44 39 35 31 27 20 ]5 10 $1,500,000 $4,999,999 54 49 45 41 37 30 25 20 $5,000,000 $] 9,999,999 64 59 55 51 47 40 35 30 $20,000,000 + 74 69 65 6] 57 50 45 40 G:\Agenda Files\Agenda Files 09l081909\S-OOOJ-09(JSW) PCard Program Mod J Agreement 08J9.doc 9 BankofAmerica ..... Bank is prepared to enhance our financial rebate offering with additional program incentive funds. Bonus incentives are in addition to the rebate offered above, and are intended to award achievement of volume goals. This bonus incentive is based on a 5-year commitment on the Card program 1) Bonus Incentive Bank shall pay Hillsborough County a bonus incentive of Thirty Thousand Dollars ($30,000) within ninety (90) days of the date of the first live (non-test) transaction of the Card program. This bonus is in addition to the rebates noted above. This bonus incentive is contingent on year one transaction volume of Twelve Million Dollars ($12 million) during the calculation period of October 1, 2009 through September 30, 2010. If the program fails to achieve the year I transaction volume requirement, then Hillsborough County will pay back to Bank a proportional amount of the signing bonus incentive. For example, if Year 1 is 10% below the target transaction volume, then 10% of the bonus incentive will be repaid to Bank at the end of the first annual calculation period. If Hillsborough County terminates, or ifthe Bank terminates for cause, the program prior to completion of the five year Agreement, a pro rated share of the bonus incentive must be repaid by Hillsborough County to the Bank within 45 days after said tennination. Pro ration will occurs as follows: Hillsborough County may retain twenty percent (20%) of the financial incentive paid to it for each completed year of said five year pricing term and must repay the balance to the Bank. 2) Transaction Volume Growth Incentive I f the Year I transaction volume is greater than Twelve Million Dollars ($12million), then HilIsborough County will be paid a one time incentive of Twenty-five Basis Points (0.25%) on all year I transaction volume that exceeds Twelve Million Dollars ($12million), paid at the end of the first calculation period. Year 2 and year 3 growth incentive opportunities are twenty-five basis points (0.25%) on the incremental transaction volume growth above the previous highest year, paid at the end of the applicable calculation period. G:\Agenda Files\Agenda Files 09l081909\S-OOOI-09(JSW) PCard Program Mod I Agreement 0819.doc 10 EXHBIT II mLLSBOROUGHCOUNTYPROCUREMENTCARDPROG~ LINKING AUTHORIZA nON CONTRACT RFP NO. S-OOOl-09(JSW) HiIlsborough County has agreed that local government entities (each a "Local Public Body") may utilize the procurement card program of Hillsborough County ("Procurement Card Program") as the basis for establishing a procurement card program with FIA Card Services, N.A., a Bank of America company. This Linking Authorization is entered into by [Insert local government entity name] ("Company") and FIA Card Services, N.A., a Bank of America company, ("Bank of America") as of (the "Effective Date"). By signing this Linking Authorization, the government entity requests and Bank of America agrees to provide to the entity the corporate purchasing card services as set forth in the Bank of America Corporate Purchasing Card Agreement between Hillsborough County and Bank of America dated as of August 5,2009, and the Modifications to Bank of America Corporate Purchasing Card Agreement dated as of August 20,2009, (collectively, the "Card Agreement"). Capitalized terms used in this Linking Authorization, not otherwise defmed, have the meanings given to them in the Card Agreement. The government entity acknowledges and agrees that it has received and reviewed a copy of the Card Agreement and agrees to adhere to the terms and conditions of the Card Agreement, as amended from time to time. The government entity represents and warrants to Bank of America that: 1. it is a Local Public Body; 2. its contracting for purchasing card services with Bank of America, and its performance of its obligations under this Linking Authorization and the Card Agreement will not violate any law, regulation, judgment, decree or order applicable to the entity; and 3. it desires to utilize the Procurement Card Program of Hills borough County as the basis for establishing a procurement card program. Bank of America represents and warrant agrees that with respect to each government entity and Hillsborough County: 1. that the combined total spend of all entities that enter into this agreement will be used to establish the rebate multiplier 2. that the rebate amount will be determined by the individual entity spend multiplied by the groups' rebate multiplier 3. that entities that have joined the linking Agreement shall receive an initial rebate for the period up to September 30th of the joining year, and for each year thereafter must have a spend of $1 ,000,000 to qualify for a rebate 4. that each entity will be paid their rebate within sixty (60) days of the end of the Calculation Period 5. rebate check shall be issued no later than December 31st of each year 11 The government entity acknowledges and agrees that, notwithstanding anything to the contrary in the Card Agreement, Bank of America may disclose to HiIIsborough County and to each other Local Public Body that utilizes the Procurement Card Program of Hills borough County as the basis for establishing a procurement card program with Bank of America: (i) entity's name and the fact that entity has entered into this Linking Authorization; and (ii) aggregate information about entity's Transactions and spend volume. This Linking Agreement is solely for the purpose of determining a multiplier for rebates to the participating governmental entities and in no way creates a liability for any governmental entity for the expenditures of other participating governmental entities. This Linking Authorization and the Card Agreement constitute and represent the entire agreement between the government entity and Bank of America regarding the corporate card services Bank of America provides to Company anywhere in the world and supersedes and extinguishes all prior agreements, understandings, representations, warranties and arrangements of any nature (including requests for proposals and other sales material), whether oral or written, between the entity and Bank of America relating to such corporate card services. IN WITNESS WHEREOF, the parties hereby execute this Linking Authorization as of the Effective Date. FIA CARD SERVICES, N.A. Government Entity Signature: Signature: Name: Name: Title: Title: 12 PAT FRANK '-"""""\\ --"rUIT e"\'1 :~~,""'..'fV.AI/ ~~~. "~', "". . .. ~ ~~i .. k~ 1~\ U. !~i<' ". .... ~,'qE I'l~""''''r:.~~ II\ll.OROI'l__- \\."",.....' Clerk of the Circuit Court , 3th Judicial Circuit MEMORANDUM DATE: September 8, 2009 TO: James Wunderle, Procurement Services FROM: ~ail M. Letzring, Manager, BOCC Records SUBJECT: Second Modification to Agreement (09-0810) with FIA Card Services National Association a Bank of ,America Company - Purchasing Card Program Services - Bid No. S-0001-09(JSW) Attached is an executed original of subject agreement, Document 09-0921, approved by the Board on September 2,2009. Weare providing the original to you for further handling. md Attachments cc: Board files (orig.) FIA Card Services N.A., a Bank of America Company via Procurement Services Eunice Hazim, County Attorney's Office John Hollingshead, Procurement Services Ruth Fernandez, BOCC Accounting Paula Rosado, BOCC Accounting 601 East Kennedy Boulevard. P.O. Box 1110 Tampa, Florida 33601-1110 . Telephone 813.276.8100 An Aflinnative Adion - Equal Opportunity Employer Agenda Item Cover Sheet Agenda Item NO' A~38 Meeting Date September 02, 2009 [2g Consent Section o Regular Section o Public Hearing Subject: Approve Modification No. Two (2) to RFP No. S-0001-09(lSW), Purchasing Card Program Services with FIA Card Services, National Association, a subsidiary of Bank of America Corporation (BOA). Department Name: Procurement Services Contact Person: Lu Banks, Director Contact Phone: 301-7090 Sign-Off Approvals: Eric Johnson OR/2nl llll'1 J an J ardieu AJ.iiW1l Colrlty AdminimalDr lJoIc ~Din:ctor Do<< Eric Johnson llnl Christine Beck IX/J"/JIII)4 ..... f and Bud t( A oved u to Fil'WK:i_11M A o.te Coon An -A cd u to 1L AI Sufficimcv D." Staffs Recommended Board Motion: Approve Modification No. Two (2) to the revenue producing RFP No. S-0001-09(lSW), Purchasing Card Program Services with FIA Card Services, National Association, a subsidiary of Bank of America Corporation (BOA) that replaces Exhibit I, changing the calculation of late fees and deletes items that are not applicable. No additional County funds are required and there is no impact on the revenue to the County. Financial Impact Statement: No additional County funds are required and there is no impact on the revenue to the County. Background: The Board awarded revenue producing RFP No. S-OOO 1-09(JSW), Purchasing Card Program Services at their regular meeting on August 5, 2009. At the Budget Workshop on August 20,2009, the Board approved Modification One (I) to the Agreement that increased the percentage of rebate and potential revenue to the County. The original Agreement awarded on August 5, 2009 contained the standard BOA provision regarding fees for late payment. This Modification replaces the provision with language that provides for late fees to be paid in accordance with Chapter 218, Part VII, Florida Statutes known as the Local Government Prompt Payment Act. The Act specifies that local governments meet certain time frame requirements for payment and provides for interest payment to vendors and contractors in o 1- 0 Cf;).1 (10121(,,) the event the local government does not meet the time requirements for payment. List Attachments: Modification Agreement No. Two (2) SECOND MODIFICATION AGREEMENT THIS SECOND MODIFICATION AGREEMENT, dated this ;2 Y\~ day of Septe.V'r\'oer, 2009, is entered into by and between HILLSBOROUGH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY"; and FIA CARD SERVICES, NATIONAL ASSOCIATION, A SUBSIDIARY OF BANK OF AMERICA CORPORATION hereinafter referred to as "CONTRACTOR." WITNESSETH WHEREAS, the COUNTY and CONTRACTOR entered into an Agreement dated August 5, 2009 concerning the COUNTY'S RFP No. S-0001-09(JSW), entitled Purchasing Card Program Services, Board of Commissioners (BaCC) Document Number 09-0810 for Hillsborough County; and WHEREAS, Modification No. One (1) was approved by the Board of Commissioners (BOCC) on August 20, 2009 that primarily changed the rebate tier structure and allowed any local government entity to utilize the contract under a Linking Authorization structure whereby the rebate percentage is determined by the combined spend of all the entities utilizing the contract; and WHEREAS, the Agreement, Part B, General Condition, Page GC-4, Article 8, "Changes In The Work" permits the modification ofthe terms and conditions thereof; and WHEREAS, the parties wish to modify certain terms of the contract, and WHEREAS, the parties have determined that modifying the Agreement would inure to their mutual benefit. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, additional to those heretofore made, the Agreement is hereby modified as follows effective upon BOCC approval: 1. The recitals set forth above are true and correct and are incorporated herein by this reference. 2. Delete in its entirety the first page of Exhibit I, Schedule of Fees and Charges and replace with the new first page of Exhibit I, Schedule of Fees and Charges (page 4 of this modification agreement) that changes the wording to reflect late fees payable in accordance with Chapter 218, Part VII, Florida Statutes known as the Local Government Prompt Payment Act, and deletes in entirety the wording on "Individual Bill Accounts," "Cash Advance Fee" and "Convenience Checks." All other terms and conditions of the Agreement which do not conflict with this SECOND MODIFICATION are hereby reaffirmed in their entirety. In the event of a conflict between the terms of this modification and the Agreement, the terms of this modification shall control. REMAINDER OF PAGE INTENTION ALL Y LEFT BLANK G:IPurchasing Card\Administrative\Bid PCard Services S-OOOI-09\ModsIMod 2\S-OOOI-09(1SW) PCard Program Mod 2.doc 1 IN WITNESS WHEREOF, the COUNTY and the CONTRACTOR have caused this SECOND MODIFICATION to be executed below by their duly authorized representatives. A TrEST: Pat Frank Clerk of the Circuit Court COUNTY: Hillsborough County, Florida BY: A TrEST: CONTRACTOR: FIA CARD SERVICES, NATIONAL ASSOCIATION, A SUBSIDIARY OF BANK OF AMERICA CORPORATIO~ By ~ri;:!a1. )~ .--- /7~ Jlvd;; -Z::Y'-J 7( . . 33~.2 ~~~ l' itncss to signature -:)/OQV\V) e...- ~\~V\Vlt( p'me;r.~ 2nd witness to signature RlAw i-h Lars!) Y\ Printed name of 2nd witness f!3.;J;?S.8735 (Phone number of signer) g'pS/o; I>ate / . File# S-OOO 1-09(JSW) I>cpartment Procurement Services Approval -= County Attomey BOARD OF COUNTY COMMISSIONERS HILLSBOROUGH COUNTY FLORIDA DOCUMENT NO. 0 tt - 0 9 ~ I G:\Purchasing Card\Administrative\Bid PCard Services S-OOOI-09\Mods\Mod 2\S-OOOI-09(JSW) PCard Program Mod 2.doc 2 ACKNOWLEDGEMENT FOR CORPORATION STATE OF 1%1""'/~/ ) COUNTY OF 1/;1/s');l'5JrlJ{5r~ J On this 12~ of At/LIs/- , 2009, before me the undersigned authority, personally appeared , to me known to be the individual described in and who executed the foregoing instrument of~ J; ~~~ , a ~ corporation, and who severally as and duly acknowledged the execution of such instrument as such officer aforesaid, for and on behalf of and as the act and deed of said corporation, pursuant to the powers conferred upon said officer by the corporation's Board of Directors or other appropriate authority of said corporation, and who, having knowledge of the several matters stated in said foregoing instrument, certified the same to be true in all respects. He/she is personally known to me or has produced as identification. -fie!! ~ (Official otary Signature and Notary Seal) (Name of Notary ~~a~OR1DA ....""".',,,~tI' Ruth 1.,arson f .. -: DD574798 (Commission Num . ....,...~ Expires: AUG. 27,201 BO~;;U) THItU AJ"l.ANI1C B0~;D1:,G co., INC. (Commission Expiration Date) G:\Purchasing Card\Administrative\Bid PCard Services S-OOOI-09\Mods\Mod 2\S-OOOI-09(JSW) PCard Program Mod 2.doc 3 EXHIBIT I SCHEDULE OF FEES AND CHARGES TO BANK OF AMERICA CORPORATE PURCHASING CARD AGREEMENT HiIlsborough County, FL I. GENERAL SCHEDULE OF FEES AND CHARGES Capitalized tenns which are not defined in this Schedule of Fees and Charges have the meaning ascribed in the Treasury Services Terms and Conditions booklet (the "Agreement"). Payment Method and applicable fee: ACH $0 Annual Card Fee (Per Card): $Waived Late Fee: Assessed if full payment is not received by Payment Due Date. In accordance with Chapter 218, Part Central Bill Accounts: VII, Florida Statutes known as the Local Government Prompt Payment Act Periodic Finance Charge: In accordance with Chapter 218, Part VII, Florida Statutes known as the Local Government Prompt Payment Act Overlimit Fee: Central Bill Accounts: Assessed when Aggregate Charge Limit is exceeded. $250.00 per occurrence International Interchange Fee: 1% of the U.S. Dollar amount Returned Payment Fee: $29.00 per occurrence Copy Fee: $3.00 per copy Logo Fee: (Hot Stamp - One choice of color) Waived Blue, red, green, black, white, gold Unique Card Design Fee: As Quoted . (fyou make a Transaction in currency other than U.S. dollars, Visa or MasterCard will convert the charge or credit into a U.S. dollar amount. The conversion rate on the processing date may differ from the rate on the date of your Transaction. The exchange rate used by Visa will either be (i) a rate selected by Visa from a range of rates available in wholesale currency markets for the applicable central processing date, which rate may differ from the rate Visa receives, or (ii) the government-mandated rate in effect for the central processing date. MasterCard will use an exchange rate of either (i) a wholesale market rate or (ii) a government-mandated rate. Visa and MasterCard will no longer add 1% to the U.S. dollar amount. We add a 1% fee to the U.S. dollar amount of any Transaction that is made in foreign currency (the "International Transaction Fee"). The International Transaction Fee will be shown in the Activity section on your billing statement and aggregated in the Other Fees category on the Summary section of your statement. G:\Purchasing Card\Administrative\Bid PCard Services S-OOOI-09\Mods\Mod 2\S-OOOI-09(JSW) PCard Program Mod 2.doc 4 AGENDA REQUEST CA #2010- Asset Transfer/Disposal Date: March 1, 2010 PUBLIC HEARING RESOLUTION ORDINANCE OTHER CONSENT March 15. 2010 BUSINESS BOARD APPOINTMENT ITEM DESCRIPTION: Request to approve Disposal of Fixed Assets. BACKGROUND: The City has fixed assets that will be auctioned or otherwise disposed of and need to be removed from the property records in the Finance Department. STAFF RECOMMENDATION: Approve the removal of the fixed assets that will be disposed. ACTION REQUESTED: Motion to approve the removal of the fixed assets from the property records in the Finance Department. FINANCIAL IMPACT: There is no financial impact. 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CD 0 s:: CD 0 to CD ~ co' )> .., a. tIl CD tIl ("') Q. \J '< ::J -- CD ^ CD to a. )> to I 0- c -- CD CD tIl CfJ C ::J ("') tIl ;::+ to 0 ...., o' to :J ("') 'S.. to CD CD en \J ;:+ C ::J CD ::J CD C ...., a. en 3 CD CD "D en ...., \J \J \J \J \J \J \J \J \J \J \J c c c c c c c c c c c 2: 2: 2: 2: 2: 2: 2: 2: 2: 0- 0- r o' o' o' o' o' o' o' o' o' o' o' 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ("') Ql 0 0 0 0 0 0 0 0 0 0 0 .... ...., ...., ...., ...., ...., ...., ...., ...., ...., ...., ...., 0 ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ :J en en en en en en en en en en en )> c n. o' ::J r ~ AGENDA REQUEST Date: March 3, 2010 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT CONSENT March 15,2010 OTHER BUSINESS ITEM DESCRIPTION Authorization for East V olusia Mosquito Control District to make low level aerial inspection and spray flights. BACKGROUND East V olusia Mosquito Control District annually requests cities to approve low level inspection and spray flights under 500-foot altitudes with its helicopters over congested portions of incorporated municipalities and unincorporated portions of Vol usia County. The letter of request dated February 9,2010 is attached. RECOMMENDATION Staff recommends the City Council approve the attached Letter of Authorization and authorize its execution. ACTION REQUESTED Motion to approve the annual request to perform low level flights over the City of Edgewater and authorize the Mayor or City Manager to execute the document. FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NUMBER: Respectfully Submitted By: Concurrence: ~~Q~/Y~r) Robin Matusick Paralegal \ l '.,.. ...... ~ ~ r:: ~~~ Volusia County FLORIDA ~ -- Public Works Department Mosquito Control Division CiTy Of: cDG Rccclv~ArcR FEB 11 2010 CITY CLERk February 9, 2010 City of Edgewater Attn: Bonnie Wenzel, City Clerk P. O. Box 100 Edgewater, FL 32132-100 Dear Ms. Wenzel: It is necessary under Federal Air Regulations of the Federal Aviation Agency for the Volusia County Mosquito Control program to annually obtain a written request and authorization from an appropriate official in each incorporated municipality and the V olusia County Government, authorizing the low level flights under 500 foot altitude with helicopters and fixed wing aircraft over congested portions of incorporated municipalities and unincorporated portions of Vol usia County. This FAA requirement is to make communities aware that aircraft will be making flights under the minimum 1000 foot altitude threshold for general aircraft operations. Mosquito control aircraft need to fly under 500 feet to inspect for immature mosquitoes, spray for immature mosquitoes and spray for adult mosquitoes. Populations of both potential disease bearing i.e. West Nile, Eastern Equine Encephalitis and pest mosquitoes will be suppressed by spray flights in all areas where conditions warrant. Inspection flights and aircraft landings will be made for the purpose of finding and treating immature stages of mosquitoes in their breeding sites. This is our primary defense against large populations of mosquitoes. We realize some people want to be notified prior to an adult mosquito spray operation. Our office will notify people on our call list, from your area, who have requested prior notification before aerial spraying. We will also post a map of our aerial residential spray areas prior to spraying on the www.volusia.org website. All such flights will be made in the public interest at such times as are considered necessary, and under such conditions as are considered effective and safe, for the purpose of providing comfort and public health protection for residents and visitors. Weare concerned about communication towers in areas where we perform aerial spraying. Please involve us in the planning of these towers to insure continued mosquito service to our citizens. 801 South Street . New Smyrno Beoch, Florida 32168-5864 Tel: (386) 424-2920 · Fox: (386) 424-2924 www.volusia.org/mosquito A Public Notice will be published in Volusia County newspapers. Enclosed is an authorization form for your governing body signature. Please sign this form or one like it and return it to us no later the February 28,2010. If there are any questions you may wish to discuss, please call me at (386) 424-2920. Sincerely yours, JSIkm Attachments LETTER OF AUTHORIZATION We hereby give authorization to Volusia County Mosquito Control to perform low-level flights over our city/town in connection with their inspection and aerial application of insecticides for the control of mosquito larvae and adults in compliance with FAA regulations explained in a letter from Volusia County Mosquito Control during calendar year 2010 through March 31, 2011. Signed: Date: Name (Typed): Title: City/Town: State: Zip Code: ~0\~b RE: Low Level Fli2ht Permission from MOSQuito Control Sorry for the inconvenience but the attached letter of authorization form was inadvertently left out of the packet. Please sign and return to Mosquito Control by February 28,2010. Thank you. AGENDA REQUEST Date: March 3.2010 PUBLIC HEARING RESOLUTIONS ORDINANCE OTHER CONSENT March 15.2010 BUSINESS CORRESPONDENCE ITEM DESCRIPTION: Consideration of approval of a contribution in the amount of $6000 to be used towards the cost of the fireworks display for the annual 4th of July event. BACKGROUND: For over 50 years, the Edgewater Fire-Rescue Association has sponsored the annual 4th of July event which, with the exception of one year, included a fireworks display at dusk. This year's event is being co-sponsored by Edgewater Fire-Rescue Association and the Edgewater Professional Firefighters. The City of Edgewater budgeted $6000 in the fiscal year 2009-2010 budget (001-1100-511- 48-10) to be used as a contribution towards the fireworks purchase for this community event. STAFF RECOMMENDATION: Staff recommends approval of funding of the budgeted amount of $6000 to be used towards the purchase of the annual fireworks display. ACTION REQUESTED Motion to approve funding of the budgeted amount of $6000 to be used towards the purchase of the annual fireworks display. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A N/A ~ ;11/~ PREVIOUS AGENDA ITEM: DATE: N/A YES NO XX AGENDA ITEM NO. Respectfully submitted, ~G Stephen Cousins Fire Chief ~'-ti(~~~ Robm Matuslck Paralegal AGENDA REQUEST C.A. #AN-0901 Date: March 4, 2010 PUBLIC HEARING March 15,2010 RESOLUTION ORDINANCE March 15,2010 BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: 1st Reading Ordinance No. 2010-0-04 CSC Properties, Inc requesting annexation of 2.15::l:: acres of property located at 2798 S. Ridgewood Avenue BACKGROUND: OWNER: Cynthia Mock, Christopher Scott and Larry Sefton APPLICANT/AGENT: CSC Properties, Inc (contract purchaser) PROPOSED USE: 9,014::l:: square foot retail store LOCATION: 2798 S Ridgewood Avenue AREA: 2.15 ::l::acres CURRENT LAND USE: Single family residence FLUM DESIGNATION: Volusia County Commercial ZONING DISTRICT: Volusia County B-4 (General Commercial) VOTING DISTRICT: 4 SURROUNDING AREA: North Current Land Use V acant/U ndevel oped FLUM Desi nation V olusia County Commercial Zonin District Volusia County B-4 (General Commercial) B-3 Hi hwa Commercial R-2 (Single Family Residential)/ B-3 Hi hwa Commercial) Volusia County R-3 (Urban Single- Family Residential) East South Vacant/Undevelo ed Single Family Residential Vacant Cit Commercial City Low Density Residential and Commercial V olusia County Urban Low Intensity West Background: The property is located west of U.S. Highway 1 and north of 28th Street. The applicant is seeking annexation as well as an amendment to the City's Future Land Use and Zoning Maps to include this 2.15::!: acre parcel. They are proposing a 9,0 14::!: SF retail store on this parcel and have submitted a site plan review application. Land Use Compatibility: The proposed Commercial Land Use is compatible with the majority of commercial uses along US Highway 1. Adequate Public Facilities: This site has access to U.S. Highway 1 and city water and sewer services are available. Other Matters: The applicant is concurrently seeking an amendment to the Future Land Use and Zoning Maps to include this 2. 1 5:!: acre parcel. A separate Site Plan Review must be approved by the Technical Review Committee prior to any development of this property. At their regular meeting held on January 13,2010, the Planning and Zoning Board voted 6-0 to send a favorable recommendation to City Council to annex the 2.15::!: acres of property located at 2798 S. Ridgewood Ave. STAFF RECOMMENDATION Staff recommends approval of ORD-201O-0-04; annexation of 2.15::!: acres of property located at 2798 S. Ridgewood Avenue. ACTION REQUESTED: Motion to approve ORD-20 1 0-0-04. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: If so, DATE: YES NO X - AGENDA ITEM # Concurrence: Darren Lear Development Services Director ~~~-r:ur.:-v~ ~ Robin L. Matusick Paralegal ORDINANCE NO. 2010-0-04 AN ORDINANCE ANNEXING 2.15 ACRES OF CERT AIN REAL PROPERTY LOCATED AT 2798 SOUTH RIDGEWOOD AVENUE, VOLUSIA COUNTY, INTO THE CITY OF EDGEW A TER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE CITY OF EDGEW ATER CORPORATE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE DEPARTMENT OF STATE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Derek Oberschall ofCSC Properties, Inc. has applied on behalf of Larry John Sefton, Cynthia E. Mock and Christopher D. Scott, owners for annexation of property located at 2798 South Ridgewood Avenue, within V olusia County, Florida. Subject property contains approximately 2.15 ::t acres. 2. The owners/applicants have voluntarily petitioned (applied) the City of Edge water for annexation pursuant to Section 171.044, Florida Statutes. 3. The property is contiguous to the City's boundaries and the conditions for annexation and the economics thereof are satisfactory. 4. The boundaries of V oting District 4 ofthe City of Edge water are hereby designated to include the property described herein. 5. During the Planning and Zoning Board meeting on January 13, 2010, the Board recommended by a vote of 6 to 0 that the property be annexed into the City of Edgewater. NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edgewater, Florida: 1 Strike through passages are deleted. Underlined passages are added. #2010-0-04 PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEW ATER, FLORIDA. 1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality. 2. The boundaries ofthe City of Edge water are hereby redefined to include the property described herein and depicted in the map identified as Exhibit "B". 3. Pursuant to Section 2.01 ofthe Charter of the City of Edge water, Florida, that certain document entitled "Description of City of Edgewater Corporate Limits" shall be amended accordingly. 4. Within seven (7) days after adoption, copies ofthis ordinance shall be filed with the V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia County Manager, the Mapping Division of the V olusia County Growth Management Department, and the Department of State. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or 2 Strike through passages are deleted. Underlined passages are added. #2010-0-04 circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PARTD. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Vol usia County, Florida. PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART F. ADOPTION. After Motion to approve by with Second by ,the vote on the first reading of this ordinance held on March 15,2010, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper 3 Strike through passages are deleted. Underlined passages are added. #2010-0-04 After Motion to approve by with Second by " the vote on the second reading/public hearing of this ordinance held on April 19, 20 I 0, was as follows: Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper AYE NAY PASSED AND DULY ADOPTED this 19th day of April, 2010. ATTEST: Bonnie Wenzel City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Sims,Wolfe, Ansay, Kundid & Birch Strike through passages are deleted. Underlined passages are added. #2010-0-04 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 19th day of April, 2010 under Agenda Item No. 8_. 4 EXHIBIT "An LEGAL DESCRIPTION The following described real property all lying and being in the County of V olusia and State of Florida. TRACT "A"- That portion of the North 231 feet of the South 462 feet of U.S. Government Lot 2, Section 1, Township 18 South, Range 34 East and that part of the North 231 feet of the South 462 feet of the Southeast Yt of the Southeast Yt of Section 2, Township 18 South, Range 34 East, V olusia County, Florida, lying Westerly of U.S. Highway No.1, Being more particularly described as follows: Begin at the Southeast comer of the North 231 feet ofthe South 462 feet of the Southeast Yt ofthe Southeast Yt of said Section 2; thence North 89013 '28" East, along the South line of the North 231 feet of the South 462 feet of the aforesaid U.S. Government Lot 2, Section 1, Township 18 South, Range 34 East, a distance of 113.67 feet to the West Right-of-Way of U.S. Highway No.1 (State Road 5); thence North 16001 '53" West, along said West Right-of-Way, a distance of242.51 feet to the North line of the North 231 feet of the South 462 feet of said U.S. Government Lot2; thence South 89031' 18" West, along said North line, and the North line of the aforesaid North 231 feet of the South 462 feet of the Southeast Yt of the Southeast Yt of Section 2, a distance of 400.00 feet; thence departing said North line, South 15059'39" East, 243.05 feet to the South line of the North 231 feet ofthe South 462 feet ofthe Southeast Yt ofthe Southeast Yt of said Section 2; thence North 89031 '37" East, along said South line, a distance of 286.34 feet to the Point of Beginning. Containing 2.15 i: acres more or less. 5 Strike through passages are deleted. Underlined passages are added. #2010-0-04 if? l o ~ r~ ~ !l z.-lf! .~ ~ @ ~..., '" Gl 1:' 'iF ~ .- ~ ~ U Vb (2 Q ~D tiJ 1: ..: J """ .~ ':: J · ~~~ V" ~ ./ /i~ .r ~ .. A!"~~ 1- =' "\ 1 ~ / ~s;: '. ; ~ CO> '5)]!~-i - l../i;'9~ "" 1(1-'1 ~I-~ ~\: - >~.P I ~ '\ ~^,I ~I-- ~ ~~~!I~~ ~"\ 1 .\ ~ I"'" ~~'L :v5T\ ~ ~~Ii't,N~~ :,; P ~ ~ -,p- tHiJ lid ~( \ >- 0 ~ Y:: . ,t.; '-1= 0 <!l ~ .'" ~U;.~..:E ~ . ~~ :::::?\.\ ~ ~ ~ Jll> ~ -----t ~ '~\ V -- -<ti - ~~~. 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".y' ..- -., -.... ,..- ./ \ 113awnNI1:N~;~~5~~'7~ol ":>01e \ \ " \ \ \ \ \ \ \ \ \ \ \ 118WS AGENDA REQUEST C.A. #CP A-0902 Date: March 4, 2010 PUBLIC HEARING March 15,2010 RESOLUTION ORDINANCE March 15,2010 BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: 1st Reading Ordinance No. 2010-0-05 CSC Properties, Inc requesting an amendment to the Comprehensive Plan Future Land Use Map to include 2.15 acres of property located at 2798 S. Ridgewood Avenue as Commercial BACKGROUND: OWNER: Cynthia Mock, Christopher Scott and Larry Sefton APPLICANT/AGENT: CSC Properties, Inc (contract purchaser) PROPOSED USE: 9,014::l:: square foot retail store LOCATION: 2798 S Ridgewood Avenue AREA: 2.15 ::l::acres CURRENT LAND USE: Single family residence FLUM DESIGNATION: Volusia County Commercial ZONING DISTRICT: Volusia County B-4 (General Commercial) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Desif!nation Zoninf! District North Vacant/Undeve10ped V olusia County Commercial Vo1usia County B-4 (General Commercial) East Vacant/Undeveloped City Commercial B-3 (Highway Commercial) South Single Family Low Density Residential and R-2 (Single Family Residential)/ Residential Commercial B-3 (Highway Commercial) West Vacant V olusia County Urban Low Volusia County R-3 (Urban Single- Intensity Family Residential) Background: The property is located west of U.S. Highway land north of 28th Street. The applicant is seeking annexation as well as an amendment to the City's Future Land Use and Zoning Maps to include this 2.15::l:: acre parcel. They are proposing a 9,014::l:: SF retail store on this parcel and have submitted a site plan review application. Land Use Compatibility: The proposed Commercial Land Use is compatible with surrounding US Highway 1 frontage properties and is the most consistent to the current V olusia County Future Land Use Commercial designation. Adequate Public Facilities: This site has access to U.S. Highway 1 and city water and sewer services are available. Comprehensive Plan Consistency V olusia Countv - Commercial (C) - This designation accommodates the full range of sales and service activities. These uses may occur in self-contained centers, multi-story structures, campus parks, municipal central business districts, or along arterial highways. In reviewing zoning requests or site plans, the specific intensity and range of uses, and design will depend on locational factors, particularly compatibility with adjacent uses, availability of highway capacity, ease of access and availability of other public services and facilities. Uses should be located to protect adjacent residential use from such impacts as noise or traffic. In wellfield protection areas uses are prohibited that involve the use, handling, storage, generation or disposal of hazardous or toxic material or waste or petroleum products. Intensity shall be no more than a fifty-five percent Floor Area Ratio (0.55 FAR) consistent with the applicable underlying zoning classification standards and land development regulations. Citv of Edl!ewater - Commercial The commercial land use category consists of a variety of retail and office uses; such as, medical facilities, shopping centers, restaurants, automobile service facilities and similar uses. Typical neighborhood and highway service areas are allowed to build up to a maximum floor area ratio (F AR) of 0.30. Tourist commercial areas can build up to a maximum 0.50 FAR. The majority of commercial development within the City of Edgewater is located along US 1 in a strip pattern. The area contains restaurants, convenience goods stores and neighborhood centers. Another corridor of commercial development which has emerged is adjacent to the FEC Railroad within the Florida Shores Subdivision. Other Matters: The applicant is concurrently seeking annexation as well as an amendment to the Zoning Map to include this 2.15 ::l:: acre parcel. An environmental impact study and site plan review must be completed and approved by the Technical Review Committee (TRC) prior to development of this property. If approved at first reading the proposed amendment will be transmitted to the V olusia Growth Management Commission and other appropriate agencies for reVIew. At their regular meeting held on January 13,2010, the Planning and Zoning Board voted 6-0 to send a favorable recommendation to City Council to amend the Comprehensive Plan Future Land Use Map to include 2.15::l:: acres as Commercial for property located at 2798 S. Ridgewood A venue. STAFF RECOMMENDATION Staff recommends approval of ORD-2010-0-05; an amendment to the Comprehensive Plan Future Land Use Map to include 2.15 acres of property located at 2798 S. Ridgewood Avenue as Commercial ACTION REQUESTED: Motion to approve ORD-2010-0-05. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: If so, DATE: YES NO X - AGENDA ITEM # Concurrence: rn Darren Lear Development Services Director ~'.A-~T:LL<-U"'--K ) - Robin L. Matusick Paralegal ORDINANCE NO. 2010-0-05 AN ORDINANCE OF THE CITY OF EDGEW A TER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2003-0-04 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY COMMERCIAL TO CITY COMMERCIAL FOR 2.15 ACRES OF PROPERTY LOCATED AT 2798 SOUTH RIDGEWOOD AVENUE, EDGEWATER, FLORIDA; PROVIDING FOR FINDINGS OF CONSISTENCY; AMENDING THE FUTURE LAND USE MAP; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. Whereas, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Derek Oberschall of CSC Properties, Inc. has applied on behalf of Larry John Sefton, Cynthia E. Mock and Christopher D. Scott, owners for property located at 2798 South Ridgewood Avenue, Edgewater, Florida. Subject property contains approximately 2.15=!= acres more or less. 2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the owners/applicant are requesting a Comprehensive Plan Amendment for the subject property. The requested Amendment would change the Future Land Use Map designation from County Commercial to City Commercial for the property described herein. 3. On January 13, 2010, the Planning and Zoning Board, sitting as the City's Local Planning Agency considered the change in the Future Land Use Map designation and by a vote of 6 to 0, recommended that the City Council approve the request. 1 Strike through passages are deleted. Underlined passages are added. #2010-0-05 4. In a letter dated March 19,2010, the Legal Department notified by mail the owners of the property and all property owners who own real property directly affected by the proposed action within 300 feet of the subject property regarding the pending Amendment and the public hearing scheduled for April 19, 2010. 5. On March 15, 2010, the City Council considered on first reading the proposed change in the Future Land Use Map designation. 6. Pursuant to Section 163.3187(l)(c), Florida Statutes, on April 19, 2010, the City Council held a public hearing to consider the change in the Future Land Use Map designation after publishing notice of such hearing in the Observer on Thursday, April 8, 2010. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: PART A. AMENDMENT - CHANGE IN FUTURE LAND USE MAP DESIGNATION. That Article I, Section 21-04 of the City of Edgewater's Land Development Code, as amended and supplemented, said Article adopting the Comprehensive Plan ofthe City of Edge water, Florida regulating and restricting the use oflands located within the City of Edgewater, Florida, be, and the same is hereby, amended by this plan map amendment to: Amend the Official Future Land Use Map to include property as Commercial for property described in the legal description contained in Exhibit "A" and further located on the map as reflected in Exhibit "B" (which are attached hereto and incorporated herein). 2 Strike through passages are deleted. Underlined passages are added. #2010-0-05 PART B. FINDINGS OF CONSISTENCY. The City Council specifically determines that the approved change in the Future Land Use Map designation is internally consistent with the policies and objectives contained in the Edgewater Comprehensive Plan, specifically Policy 1.8.2 of the Future Land Use Element states "In order to reduce land use conflicts and for efficient public service provision, the City shall investigate and where feasible, annex all enclaves as soon as possible." PART C. AMENDMENT OF THE FUTURE LAND USE MAP. The Development Services Director is hereby authorized and directed to amend the Future Land Use Map ofthe Future Land Use Element ofthe Edgewater Comprehensive Plan to reflect the change in the Future Land Use designation for the property described herein. PART D. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. Pursuant to Section 163.3187(1)(c)2, Florida Statutes (2009), the Development Services Director is hereby directed to report this action to the state land planning agency as required therein. PART E. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereofin conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART F. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. 3 Strike through passages are deleted. Underlined passages are added. #2010-0-05 PART G. EFFECTIVE DATE. That this ordinance shall become effective upon its final adoption. PART H. ADOPTION. After Motion to approve by with Second by , the vote on the first reading of this ordinance held on March 15, 2010, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper After Motion to approve by with Second by , the vote on the second reading/public hearing ofthis ordinance held on April 19, 2010, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper 4 Strike tlrrough passages are deleted. Underlined passages are added. #2010-0-05 PASSED AND DULY ADOPTED this 19th day of April, 2010. ATTEST: Bonnie Wenzel City Clerk For the use and reliance 'only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Sims,Wolfe, Ansay, Kundid & Birch Strike through passages are deleted. Underlined passages are added. #2010-0-05 CITY COUNCIL OF THE CITYOFEDGEWATER,FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 19th day of April, 2010 under Agenda Item No. 8_. 5 EXHIBIT" A" LEGAL DESCRIPTION The following described real property all lying and being in the County of V olusia and State of Florida. TRACT "A"- That portion of the North 231 feet of the South 462 feet of U.S. Government Lot 2, Section 1, Township 18 South, Range 34 East and that part of the North 231 feet of the South 462 feet of the Southeast Y4 of the Southeast Y4 of Section 2, Township 18 South, Range 34 East, V olusia County, Florida, lying Westerly of U.S. Highway No.1, Being more particularly described as follows: Begin at the Southeast corner of the North 231 feet of the South 462 feet of the Southeast Y4 of the Southeast Y4 of said Section 2; thence North 89013 '28" East, along the South line of the North 231 feet of the South 462 feet of the aforesaid U.S. Government Lot 2, Section 1, Township 18 South, Range 34 East, a distance of 113.67 feet to the West Right-of-Way of U.S. Highway No.1 (State Road 5); thence North 16001 '53" West, along said West Right-of-Way, a distance of242.51 feet to the North line of the North 231 feet of the South 462 feet of said U.S. Government Lot2; thence South 89031' 18" West, along said North line, and the North line of the aforesaid North 231 feet of the South 462 feet of the Southeast Y4 of the Southeast Y4 of Section 2, a distance of 400.00 feet; thence departing said North line, South 15059'39" East, 243.05 feet to the South line of the North 231 feet of the South 462 feet of the Southeast Y4 of the Southeast Y4 of said Section 2; thence North 89031 '37" East, along said South line, a distance of286.34 feet to the Point of Beginning. 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LJ - -1 ~ .(:\ )\( ,-,\c )('\j :i~ 'AY~ ~~\S --.-;'''vv ~ ~ :\ ,r-.x v ~ ..1 ~ ",,' .:,,1). ~ ~ .~ ,:', " ". . .. '21 ~,:;: " -~~ l>> Q. 2 a.. ..,;,.,. - CJ l>> :S' ;j lU) I~ ~ '^ ~ .9.;' ,,) ,;e \ :"..0; :, i r{ .:; :.,.. ~ fh'.U'.'.... t:; i 'I .,,, ,-(1" .... "~.,. f ~xy " ~\! ot, . ~ ~' ~'!'fi , ~~ r .I';"-~' ~~, ., :~ . .~ ]" l. ,,;:,f: ," ~"I:' -;. ..~ _ :,J ~ I ;.' ~ . .'" t,.i1....- ~ :~:l .. .:-..9' .. ~>l.l '/ '< ",' , \ l.~ L ' I _;''';:J, ,~-... ~ 0) \ .' c<: i;'~" ..\r\~ . \ } r': " iI! ~- I., ~~ 'c.~. '.:li'!.:~~.. ~ . ~",.",-,;!, ~ ~,~,~~;.~ ~'-~. .....'~ x w.' .,' 7,' , It. .~. . :-.; . -~ T"" .lk....o;" AGENDA REQUEST C.A. #RZ-0902 Date: March 4, 2010 PUBLIC HEARING March 15,2010 RESOLUTION ORDINANCE March 15,2010 BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: 15t Reading Ordinance No. 2010-0-06 CSC Properties, Inc requesting an amendment to the Official Zoning Map to include 2.15:1: acres of land located at 2798 S. Ridgewood Avenue as B-3 - Highway Commercial BACKGROUND: OWNER: Cynthia Mock, Christopher Scott and Larry Sefton APPLICANT/AGENT: CSC Properties, Inc (contract purchaser) PROPOSED USE: 9,014:1: square foot retail store LOCATION: 2798 S Ridgewood Avenue AREA: 2.15 :l:acres CURRENT LAND USE: Single family residence FLUM DESIGNATION: Volusia County Commercial ZONING DISTRICT: Volusia County B-4 (General Commercial) VOTING DISTRICT: 4 SURROUNDING AREA: North Current Land Use Vacant/Undeveloped FLUM Desi nation V olusia County Commercial Zonin District Volusia County B-4 (General Commercial B-3 Hi hwa Commercial) R-2 (Single Family Residential)/ B-3 Hi hwa Commercial Volusia County R-3 (Urban Single- Family Residential) East South VacantlUndevelo ed Single Family Residential Vacant Cit Commercial Low Density Residential and Commercial V olusia County Urban Low Intensity West Background: The property is located west of U.S. Highway 1 and north of 28th Street. The applicant is seeking annexation as well as an amendment to the City's Future Land Use and Zoning Maps to include this 2.15:l: acre parcel. They are proposing a 9,0 14:l: SF retail store on this parcel and have submitted a site plan review application. Land Use Compatibility: The proposed Commercial Future Land Use is compatible with surrounding properties and is the most consistent to the current Volusia County Future Land Use Commercial designation. Adequate Public Facilities: This site has access to U.S. Highway 1 and city water and sewer services are available. Other Matters: The applicant is concurrently seeking annexation as well as an amendment to the Future Land Use Maps to include this 2.15:l: acre parcel. An environmental impact study and Site Plan Review must be completed and approved by City staff prior to development of this property. At their regular meeting held on January 13,2010, the Planning and Zoning Board voted 6-0 to send a favorable recommendation to City Council to amend the City of Edgewater Official Zoning Map to include 2.15:l: acres ofland located at 2798 S. Ridgewood Avenue as B-3 (Highway Commercial). ST AFF RECOMMENDATION Staff recommends approval of ORD-20 10-0-06; an amendment the City of Edgewater Official Zoning Map to include 2.15:l: acres of land located at 2798 S. Ridgewood A venue as B-3 (Highway Commercial) . ACTION REQUESTED: Motion to approve ORD-20 1 0-0-06 FINANCIAL IMP ACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: If so, DATE: YES NO X - AGENDA ITEM # Concurrence: ~-r-rA.~ic0<-;. Robin L. Matusick Paralegal ORDINANCE NO. 2010-0-06 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY B-4 (GENERAL COMMERCIAL) TO CITY B-3 (HIGHWAY COMMERCIAL) FOR 2.15:t ACRES OF PROPERTY LOCATED AT 2798 SOUTH RIDGEWOOD AVENUE, EDGEW A TER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEW ATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Derek Oberschall ofCSC Properties, Inc. has applied on behalf of Larry John Sefton, Cynthia E. Mock and Christopher D. Scott, owners for property located at 2798 South Ridgewood Avenue, Edgewater, Florida. Subject property contains approximately 2.15::!:: acres more or less. 2. The owners/applicant have submitted an application for a change in zoning classification from County B-4 (General Commercial) to City B-3 (Highway Commercial) for the property described herein. 3. On January 13, 2010, the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification and by a vote of 6 - 0, the Board recommended that City Council consider approval of the request. 4. On March 15,2010, the City Council considered on first reading/public hearing the proposed change in the zoning classification after publication of such hearing in the Observer on March 4,2010. 5. On April 19, 2010, the City Council held a public hearing on the application after publishing notice of such hearing in the Observer on April 8, 2010, and notifying by mail on March Struck through passages are deleted. Underlined passages are added. 2010-0-06 1 19, 2010 all property owners who own real property directly affected by the proposed action and all property owners who own real property within 300 feet of the subject property. 6. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 7. The proposed change in zoning classification is not contrary to the established land use pattern. 8. The proposed change in zoning classification will not adversely impact public facilities. 9. Changed or changing conditions make the proposed amendment necessary. 10. The proposed change in zoning classification will not have an adverse effect on the natural environment. 11. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA. The zoning classification for the following described property is hereby changed from County B-4 (General Commercial) to City B-3 (Highway Commercial). The following described real property all lying and being in the County of V olusia and State of Florida. TRACT "A"- That portion of the North 231 feet of the South 462 feet of U.S. Government Lot 2, Strue1{ through passages are deleted. Underlined passages are added. 2010-0-06 2 Section 1, Township 18 South, Range 34 East and that part ofthe North 231 feet of the South 462 feet ofthe Southeast 14 of the Southeast 14 of Section 2, Township 18 South, Range 34 East, V olusia County, Florida, lying Westerly of U.S. Highway No. 1, Being more particularly described as follows: Begin at the Southeast comer of the North 231 feet of the South 462 feet of the Southeast 14 of the Southeast 14 of said Section 2; thence North 89013 '28" East, along the South line of the North 231 feet of the South 462 feet ofthe aforesaid U.S. Government Lot 2, Section 1, Township 18 South, Range 34 East, a distance of 113.67 feet to the West Right-of-Way of U.S. Highway No.1 (State Road 5); thence North 16001 '53" West, along said West Right-of-Way, a distance of242.51 feet to the North line of the North 231 feet of the South 462 feet of said U.S. Government Lot2; thence South 89031' 18" West, along said North line, and the North line of the aforesaid North 231 feet ofthe South 462 feet ofthe Southeast 14 ofthe Southeast 14 of Section 2, a distance of 400.00 feet; thence departing said North line, South 15059'39" East, 243.05 feet to the South line ofthe North 231 feet of the South 462 feet ofthe Southeast 14 ofthe Southeast 14 of said Section 2; thence North 89031 '37" East, along said South line, a distance of 286.34 feet to the Point of Beginning. Containing 2.15 ::!:: acres more or less. Map of subject property is reflected on Exhibit "A" and incorporated herein. PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this 8trucl( through passages are deleted. Underlined passages are added. 2010-0-06 3 ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Vol usia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion to approve by with Second by ,the vote on the first reading of this ordinance held on March 15,2010, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper Struek tHrougH passages are deleted. Underlined passages are added. 2010-0-06 4 After Motion to approve by with Second by , the vote on the second reading/public hearing ofthis ordinance held on April 19 , 2010, was as follows: Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper AYE NAY PASSED AND DULY ADOPTED this 19th day of April, 2010. ATTEST: Bonnie Wenzel City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Sims,Wolfe, Ansay, Kundid & Birch Struck through passages are deleted. Underlined passages are added. 2010-0-06 5 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 19th day of April, 2010 under Agenda Item No. 8_. it;> l o !ll f~ e: Cil ~ E .., ~ z .-... e ...d @l lZl i'!.' 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"n t_ I -, o , ! ~ ~ )> ~ NOT V#l.UO WITMOUT -~.., ....... SITE PLAN DOLLAR GENERAL EOGEW A TER VOLUSIA COUNTY !iT A TE OF FLORIDA CATE NO 2/211'0' I'[~ rOOl & ClHCOUIol(NlS :!~n~ . I~~r~~ ! I~ ~ " ..."....... 1 . ~ ~ ~ !~ I! i z ~ ~ c 3 3 ~ ~ , l I~ ,..: ! 0 G' ~ ~R~ ~ ~ i )<" C lii l ~ ; ~~ ~ ;@' , 8 ," I~ "ll$.ll~ p;~p i ~ ~i ~ ! ~ , ~ ~ ~ . < ~ ~ ~ ~ ~ ~ ~ @ ~ $ ~ 0 I~ ~ ~ ~ t 0 0 \'i . - '" 0 '" ~ , , ^ ^ c. ^ C VI m " ;; " ~ ~ ~ " h '" ~ ~ . ... m ~ ~ ~ . ~ 0 0 0 ~ ~ - . ;; ~ , , , , , , " " " " ~ ~ ~ n~n H !~~"'l' ... 1 I 'i ~ . ~ ~ ! r. I~zo I :J .~ -z tC;;;1"= 20' I~ is AGENDA REQUEST Date: February 24.2010 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT x CONSENT OTHER BUSINESS ITEM DESCRIPTION: Recommendation from the Recreation/Cultural Services Board to appoint new member to the Board. BACKGROUND: The Recreation/Cultural Services Board presently has a vacant position. At the February 18, 2010 meeting, the Board conducted a personal interview with Walter Zakaluzny, who wishes to be appointed to this position. (Application attached.) The Board voted unanimously to recommend Mr. Zakaluzny be appointed to the Board. STAFF RECOMMENDATION: The Recreation/Cultural Services Board recommends that Walter Zakaluzny be appointed to the Recreation/Cultural Services Board for a term of 3 years. ACTION REQUESTED: Motion to appoint Walter Zakaluzny to the Recreation/Cultural Services Board for a term of 3 years. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO x IF SO, DATE: AGENDA ITEM NO. Respectfully submitted, -, ~ -~ C' \) CV C)'l'\...o.... ~\. "G ~ Barbara Kowall Secretary, Recreation/Cultural Services Board r:,.,.v.. . . I I uF rL'Gr." Rr-.,...J <:::WA ~I t" '::I.;f;'/\If::O" -,R I.. ; '-~ ("i'/"\/ . ___. r cLe''''' , '.,J-iK THE CITY OF EDGEWATER POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100 APPLICA TION FOR APPOINTMENT TO RECREATION AND CULTURAL SERVICES BOARD PERSONAL INFORMATION ,,- , ~(+~(C- REFERENCES - Please list three references (business and/or personal) (.-. EDUCATION F:ladvisory boards\Recreation & Cultural Serviceslapplication 3-08.doc WORK EXPERIENCE . t (~, tfJ..',~ t-o" c.. <- -10'-' "N ~'1It,A""; C /t>,-.h,'~ 1 vi 1'-1 .5"t: rv/ c.. c..- {;:c.. t. ~o('h_1 1,)',... p<f- C<HA GJ/rt . . f ' {J.+S )c.-;1A!e./ ?~ c.h . INTEREST/ACTIVITIES \ tlv,4.~ ~ t:tS~I"'> CO~;~ ~~~.~'-<:- Ut p:" ~ W'l-f-lG- L.Ur-:)~<- ~I\ s~b:,+:...~ /.s o.tTb/J-t-L.- COMMUNITY INVOLVEMENT 5DJt-tc;~1-1- 0/~(:}4- t.//f/~ ~{,IC- N ){s tv lU- Ov 5lU.J-t- C.{ ".6 i>c /0L ;:!e.cf.{','c I C;kJ of! a~:Ci>'A W { WHY DO YOU DESIRE TO SERVE ON THIS BOARD? AS iA- i.!.i@.Af. hc-r 0"1.- 'I. ~ olcl~ e'IA""k ~XLf:!..L- lYr-k'lL ,<JiM -Iv {lev/tic- It,(L4 ( L-J<=&~ h(~J;.e. 10 J ;A05C_ f4'D5"I'~ f/?i7 hvt)-v~, I understand the responsibilities associated with being a board member, and I have adequate time to serve if appointed. 1).-2- -'0 C? Date RETURN TO: Bonnie Wenzel, City Clerk P.O. Box 100 Edgewater FL 32141 Email - cityclel'k(a)cityofed2ewatel'.or2 Phone - 386-424-2400 x 1102 Fax - 386-424-2409 Website - cityofedgewater.org F:ladvisory boards\Recreation & Cultural Services\application 3.08.doc AGENDA REQUEST Date: March 2,2010 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT March 15,2010 CONSENT OTHER BUSINESS ITEM DESCRIPTION Mayor's appointment to the Volusia Growth Management Commission BACKGROUND The City of Edgewater has a resident representative, appointed by the Mayor, on the Volusia Growth Management Commission. Sandy Jones has been representing the City since 2008 and her term expires on June 30, 2011. On January 13, 2010 Ms. Jones tendered her resignation to the V olusia Growth Management Commission. Mr. Jason Floyd has submitted a resume to be considered for appointment to the Volusia Growth Management Commission as the City of Edgewater's resident representative. RECOMMENDATION Staff recommends Mayor Thomas appoint Jason Floyd to fulfill the remainder of Sandy Jones' term on the V olusia Growth Management Commission. ACTION REQUESTED Motion to appoint Jason Floyd to the Volusia Growth Management Commission, with a term expiring on June 30, 2011. FINANCIAL IMP ACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NUMBER: Respectfully Submitted By: Concurrence: '~l R J,u n~ Jl Bonnie Wenzel City Clerk (;;;:.. . ~ ~~L-< J. ~--A:::.J Robin Matusick Paralegal - ~. ~ f' .) Jason R. Floyd 2430 Yule Tree Drive Edgewater, FL 32141 Jason Floyd692@hotmail.com (386) 690-5735 WORK EXPERIENCE CITY 01= ~DG A~c~/v~Ar~R FE8 2 S 2010 crrv CLERI( Environmental Technician County of Vol usia, Public Works- Solid Waste Division Deland, FL 1/2009 - Present Conduct quarterly environmental compliance reports for several state and federal regull!ltory agendes. Coordinate project scheduling and administrative tasks for materials and services Including specifications and costs. Prepare request for quotes and request for proposal documents for materials, services and equipment. Prepare price and purchasing agreements with several commercial and governmental agencies. Perform field sampling, survey and analysis, complaint review and investigation of environmental assessments and studies. Assist's in complex environmental programs involving domestic waste, industrial waste, solid waste, hazardous waste, air, noise, wetlands, surface water, and ground water. Administrative Intern County of Volusla, Public Works- Solid Waste Division DeLand,FL 10/2008-12/2009 Under the direction of professional staff I performed assignments requiring research, analysis, and resolution. Provided administrative support to staff leadership, which involved assisting with correspondence, budget, personnel, and process management. Administrative Assistant Cargo Sales Inc. Edgewater, FL 4/2000-7/2008 Directed supply and warehousing activities for materials valued in excess of $1.5-1.7 million to multiple locations. Organized and prepared professional reports, forecasts, statements and plans for future action. Developed new techniques in order to resolve complex operational and production problems in times regarding corporate cutbacks. EDUCATION Nova Southeastern University, Ft. Lauderdale, FL Master's Degree - 12/2012 Major: Public Administration University of Central Florida, Orlando, FL Bachelors Degree - 12/2009 Major: Political Science Minor: Public Administration Daytona State COllege, Daytona Beach, FL Associate Degree - 08/2008 Major: Associate of Arts Degree ~ ~ SKILLS · Project Management . Report Preparation . Written Correspondence . General Office Skills . Human Resources . PI[), Fro, GEM, pumps, etc.) · Microsoft Word · Microsoft Excel · Microsoft PowerPolnt · GPS/GlONASS Surveying . Auto CADD . AMS Advantage . Customer Service . Scheduling . Marketing & Sales . CFR 40 . Computer Networking ADDITIONAL INFORMATION · Currently seeking Class C Wastewater Treatment Plant operator's license from the University of Florida TREEO Center. · Seeking a PHR certification from the Human Resource Certification institute. AGENDA REQUEST Date: March 3. 2010 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT CONSENT OTHER BUSINESS 3/15/1 0 ITEM DESCRIPTION Request of the New Smyrna Beach High School Barracuda Band for donations to purchase new band uniforms. BACKGROUND The Barracuda Band has been an active part of our community since 1917 and relies heavily on fundraisers, concession stands and community donations to support their budget. Band uniforms have a "life expectancy" of 7 to 10 years; the current uniforms utilized by the Barracuda Band are over 12 years old. The request for donations range from $100 for a pair of band trousers to $400 for one complete uniform. RECOMMENDATION Staff recommends the City Council approve a donation to the New Smyrna Beach High School Barracuda Band New Uniform Campaign. ACTION REQUESTED Motion to authorize the City Clerk to make a donation on behalf of the City to the New Smyrna Beach High School Barracuda Band New Uniform Campaign. FINANCIAL IMP ACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NUMBER: Respectfully Submitted By: Concurrence: ~J.t ,h~Q1\\--~ Bonnie Wenzel City Clerk ~~Lf A t-j"e.I::J Robin Matusick Parale al ~ ~ (;j' Vt ~ New Smyrna Beach High School u.s. Department of Education. Blue Ribbon School 1999 - 2000 "National School of Excellence" 1015 TENTH STREET . NEW SMYRNA BEACH, FLORIDA 32169-5396 386-424-2555 . FAX 386-409-5625 . FAX GUIDANCE DEPARTMENT 386-409-5624 CITY OF EDG AE'CElvIDrA TEA Or. Carol A. Kelley Principal JAN 2" 2J1D NEW SMYRNA BEACH HIGH SCHOOL BARRACUDA BANI)/TYCLERI< Dear Edgewater City Commission and citizens, The New Smyrna Beach Barracuda Band has been the mainstay in this community since 1917. It is one of the oldest school bands in existence in the state of Florida. Its rich traditions have been founded in community service as well as raising the youth of this area to become the best it can be. The band's theme for the last few years has been M.U.S.I.C or Maturity, Unity, Sound, Integrity and Class. As you see, the focus of the Barracuda band program is not only to improve the musicianship of the band students, but the values and citizenship of the students is interwoven into the program itself. We are all well aware of the financial problems in Volusia County. The band has always been self-supporting organization getting less than $250. a year for the band program from the school district. Yet, the band operates on a budget of over $40,000.00 a year to include paying for guest instructors, band camp, new instruments, repair of school owned equipment, transportation to all events, music and fees for festivaV solo and ensemble just to name a few expenses. Each child is required to contribute a" Fair Share". The rest of our general operating budget is made through fund raisers, concession stands, and community donations. At the end of the year we always seem to have just enough money for the start up expenses to be covered for the next year. But not enough to put anything aside for the purchase of the new uniforms. The current marching uniforms worn by the students of the Barracuda band are 12 years old and are in poor repair despite 100's of parent volunteer hours to keep them mended. They were designed to be replaced on an average of every seven years. As you see, we are well over due. We have the daunting tasks of raising $40,000.00 to purchase 100 new marching uniforms. That is why we are turning to the community that we try to support through parades, paying jazz and art festivals, beach clean-ups, and the list goes on. We need the support of this community to help raise the funds needed to make this happen. We are a non - profit 501( c)( 3) and therefore any donation is tax deductible. We realize times are hard for everyone, but we are asking if you could be a part of the "Unity, Integrity, and Class" so the students of he Barracuda Band can continue to work on the "Maturity and Sound" parts of their theme. We thank you in advance for your consideration in helping us with the purchase of new uniforms. Sincerely, Working together with parents, school personnel and community members, New Smyrna Beach High School students will graduate with the knowledge, skills, and values to be successful contributors to society. New Smyrna Beach High school Barracuda Band "Marches in Style" New Uniform Campaign THE CUDA BAND NEEDS YOUR HELP. FOR YEARS THE BAND HAS BEEN THE MAINSTAY OF THE COMMUNITY. The Barracuda band has marched in Tallahassee, Tampa Bush Gardens, the Magic Kingdom, Miami and hundreds of locations representing the good people of new Smyrna Beach, Edgewater, Oak Hill, Samsula, and Southeast Volusia County. And hundreds of practice hours go almost unnoticed. Now is the chance to show our appreciation to this great group of students. The Barracuda Band desperately needs new uniforms. The life expectancy of a "uniform" is about 7 to I 0 years. Our uniforms are over 12 years old. Can you help? Please consider our following levels of donations. Individual Sponsors Platinum Barracuda Band Sponsor: $400 Buys one complete uniform. For this amount your name and/or company name is sewn into the band uniform jacket. Plus special recognition in local newspapers. Also receive ( 2 ) tickets each to the Spring & Winter Concerts. Gold Barracuda Band Sponsor: $200 Buys a band jacket. Your name or company name receives special recognition in local news papers. Also receive (2) tickets each to the spring and winter concerts. Silver Barracuda Band Sponsor: $100 Buys a pair of band trousers. Receive (2) tickets each for the spring and winter concerts.. BARRACUDA BAND COMPANY SPONORSHIPS FAIREST FLUTE SECTION SPONSORS: ~ $5000. buys a complete uniform for the flute section. Your name &lor company name will be placed on he Band Equipment trailer, is sewn into band uniform jackets & your name is placed on a donation plaque. Plus your name is included in local newspapers, band musical program, plus 4 complimentary tickets to both winter & spring concerts. SASSY SAXOPHONE SECTION SPONSORS: $5000 buys complete uniforms for the saxophone section. Your name &lor company name is placed on the Band Equipment trailer, sewn into the band uniform jackets & your name is placed on a donation plaque. Plus your name is included in local newspapers, band musical program, plus 4 complementary tickets to the spring and winter concerts. . . rJ~ POWERI1JL PERCUSSION SECTION SPONSORS: ~Y. . $5000 buys complete uniforms for the percussion section. . name or company name is placed on the Band Equipment trailer, sewn I band uniform jackets & your name is placed on a donation plaque. Plus ~. our name is included in local newspapers, band musical programs, plus 4 complimentary tickets to the winter and spring concerts. TRIUMPHANT TRUMPETS SECTION SPONOSORS: $5000 buys complete uniforms for the trumpet section. .Your name &lor company name is sewn into the band uniforms jackets & your name is placed on a donation plaque. Plus your name is included in local newspapers, band musical program, plus you are given 4 complimentary tickets to the winter and spring concerts. CLARION CLARINET SECTION SPONOSORS: $5000 buys complete uniforms for the clarinet section. Your name or company name is placed on Band Equipment Trailer, sewn into band uniform jackets & your name is placed on a donation plaque. Plus your name is included in local newspapers, band musical programs, plus 4 ~ complimentary tickets to the winter and spring concerts. TOWERING TUBA SECTION SPONOSORS: $8000 buys complete uniforms for the tuba section. Your name or company name is placed on the Band Equipment Trailer, is sewn into uniform jackets & your name is placed on a donation plaque. Plus your name is included in local newspapers, band musical programs, plus 4 complimentary tickets to the winter and spring concerts. TONETIC TROMBONE SECTION SPONOSORS: $8000 buys complete uniforms for the trombone section. Your name or company name is placed on the Band Equipment trailer, sewn into uniform jackets & your name is placed on a donation plaque. Plus your name is included in local newspapers, band musical programs, plus 4 complimentary tickets to the winter and spring concerts. FIERY FRENCH HORNS SECTION SPONOSORS: $2800 buys complete uniforms for the French horn section. Your name or company name is sewn into uniform jackets & your name is placed on a donation plaque. Plus your name is included in local newspapers, band musical programs, plus 2 complimentary tickets to the winter and spring conceits. DYNAMIC DRUM MAJOR SPONOSORS: $2500 will buy two drum major uniforms for the two drum majors positions. Your name or company name is sewn into uniform jackets & your name is placed on a donation plaque. Plus your name is included in local newspapers, band musical programs, plus 2 complimentary tickets to the winter and spring concerts Question ???? Suggestions ??? Do you have a club/ organization that you would like a NSB Band member to attend or talk? Please Call: Brian Sullivan: 386-424-2555 x 38569 Kathy Ewing : 386- 423-9931 Cindy Richenberg:386- 689-8311 r Sponsorship Donation Form Date: Name / Business Name Address City / State. Zip Home phone Business phone Amount Donated $ 1/ we would like to sponsor the following sections for $5000. nutes [] Percussion [ ] Clarinet [] Tuba [ ] Trumpets [] Saxophones [ ] Trombones [ ] I / we would like to sponsor the following section for $2500. French Horns [ ] Drum Majors posts [ ] I / we would like to be a : [ ] Platinum sponsor for $ 400. [ ] Gold sponsor for $ 200. [ ] Silver sponsor for $100. [ ] Any amount welcome $ Reply to: Brian Sullivan New Smyrna Beach High School 1015 Tenth Avenue New Smyrna Beach, norida 32168 Please make checks payable to:. . New Smyrna Beach High School Band Boosters AGENDA REQUEST c.A. #2010-020 Date: March 2. 2010 PUBLIC HEARING BOARD APPOINTMENT ITEM DESCRIPTION: RESOLUTION ORDINANCE OTHER BUSINESS March 15.2010 CONSENT Request for consideration in reducing annexation/development fees for property located at 3515 US Highway 1, Indian River Self Storage. BACKGROUND: City staff recently received a letter from Daniel Johns, the engineer representing the property owners at 3515 US Highway 1. The property is located in the unincorporated area and is slightly less than 10 acres with approximately 6.5 acres developed. The property is developed with an active self storage business and currently has 5 structures that include an office and self storage units. The owners are in the planning phase of adding an additional 38,000 square feet of new storage units to rent. The owners of the property are considering annexation into the City of Edgewater and has requested for consideration of reducing annexation fees. Listed below is the present fess of annexation: Annexation Fee - Comprehensive Plan Map Amendment - Zoning Map Amendment - Conditional Use - Site Plan Review - $1,000.00 $3,500.00 $6,500.00 $1,000.00 $2.000.00 $14,000.00 ST AFF RECOMMENDATION: Staff recommends that the City Council consider a reduction of $10,000 in annexation/development fees reducing the total to $4,000.00. It is estimated that future annual Ad Valorem tax revenue will exceed the reduction and that the additional commercial property is needed with the City. ACTION REQUESTED: Motion to reduce the annexation/development fees by $10,000.00 for the annexation of the property located at 3515 US Highway 1. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: Ifso, DATE: N/A YES NO YES NO X AGENDA ITEM # :z:';? =- /Tracey;t. Barlow City)'tanager Concurrence: ~Ncr.J Robin L. Matusick Paralegal RECEIVJ8:D JAN 1 9 2010 Daniel Johns, P.E. Professional Engineer CITY MANAGER January 13, 2010 3869 S. Nova Rd. - Suite 4 Port Orange, Florida 32127 Phone 386-756-8582 fax 386-75&Q677 daniohnsllildjenaineers.com )vry . ~ ~f.,j;> V "V \.UJ 1uJ',^,c.~ \.y!' ,'0\ oU oJ cPo D' : J \L\\~ cl ~ \0 I C?J \? / 0t City of Edgewater Tracy Barlow - City Manager P.O. Box 100 Edgewater, FI. 33132 Re: Indian River Self Storage - Annexation Dear Mr. Barlow; I am writing on behalf of my client, Mr. Howard Hewitt who is the owner of the Indian River Self Storage Facility on Ridgewood Avenue. Mr. Hewitt has hired me to annex his property into the City and expand the development. The site is slightly less than 10 acres and is presently developed on about 6.5 acres. The remaining 3.5 acres will include 38,000 square feet of new storage units for rent. The existing operation has done well and the owner would prefer to be within the City of Edgewater City Limits. The reason for this letter is to ask if the City would be interested in possibly reducing some of the required fees that would be required. The fees are Annexation = $1000.00, Comprehensive Plan Map Update = $3500.00, Zoning change = $6500.00, Conditional Use = $1000.00 and Site plan = $2000.00, for a total of $14,000.00. While I realize that there is certain amount of time City staff must spend on any project no matter how small and that this development needs to go before the Planning Commission and City Council, but several of the items typically are heard at a single meeting. I have submitted the annexation request and I have the necessary applications for the comprehensive plan update and the rezoning ready for application and I am available to meet with you and Darren to discuss this issue if you think it is feasible. Thanks for your cooperation with this project and should you have any questions or require any additional information please give me a call at 386-756-8582. Sincerely; Daniel Johns, P.E. cc Darren Lear AGENDA REQUEST C.A. #2010-021 Date: March 2.2010 PUBLIC HEARING BOARD APPOINTMENT ITEM DESCRIPTION: RESOLUTION ORDINANCE OTHER BUSINESS March 15,2010 CONSENT Request for consideration in reducing impact fees for a new 5,200 square feet animal clinic located at southwest comer of the intersection of Rankin Dr. and South Ridgewood Ave. BACKGROUND: City staff recently received a letter from Kenneth Bohannon, which is the general council for Kim A. Castro, DVM PL d/b/a Animal Clinic of Edgewater, requesting consideration of reductions in impact fees. Dr. Castro is in the permitting process of constructing a new 5,200 square feet facility at 2305 S. Ridgewood Ave. The new larger facility will allow for the expansion of her practice as well as the addition of additional staff. As stated in the attached request, they made last-minute alterations to their site plan in order to mitigate complaints and concerns with neighboring residence regarding the location of the entrance drive. This alteration has cost an additional $15,000- $20,000. Listed below are the development/impact fees for this project: Sidewalks - $ 6,270.82 Fire/EMS - $ 861.28 Police - $ 1,054.23 TransportationIRoad Impact Fee - $ 7,240.72 Water Capital Charge - $ 3,483.00 Sewer Capital Charge - $ 5,065.20 Meter Deposit - $ 332.25 Sewer Connection - $ 165.32 Water Connection - $ 724.05 $25,196.87 ST AFF RECOMMENDATION: Staff recommends that the City Council consider a reduction of 50% in Sidewalks, Fire/EMS, Police and TransportationIRoad Impact Fees. The 50% reduction in the listed Impact Fees would provide a savings of$7,713.52 reducing the total to $17,483.35. ACTION REQUESTED: Motion to reduce the Sidewalks, Fire/EMS, Police and TransportationIRoad Impact Fees by 50% for the project located at the intersection of Rankin Rd. and South Ridgewood Ave. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: Ifso, DATE: N/A YES NO YES NO X AGENDA ITEM # Concurrence: ~~ci:) Robin L. Matusick Paralegal !,,~- 00J:','.;,' ~ ., q il \',,1 ' ; t\ \ t... .J '..j LI.L , l KENNETH BOt-lANNON, P.L. I ArlORND ATlAW FEB 0 g 'L010 PHONE: (386) 4:!o7' 57.77 WWW.CFLL-\WYf.:lCU)M eU'l j~1ANAGEB FACSIMILE: (386) 423-3909 221 NOILTH CAlISEW A)'. NEW Sl\WK. NA 11E.r\C1I, rL 31169 INI"O@OUAWYl]l.CO,\1 February 4, 2010 City of Edgewater Attn: Tracey T. Barlow Post Office Box 100 Edgewatcr, Fi.. 32132 Re: Impact Fee Reduction Dear Mr. Barlow, By way of introduction, my name is Kenneth Bohannon, and I am general counsel for Kim A. Castro, DVM PL d/b/a Animal Clinic of Edgev.:ater. As you may know, the Animal Clinic of Edgewat:;:r has heen located at 2305 S. Ridgewood Avenue for the past tifteen (15) years and owned by Dr. Castro for th~ past five (5) years. During that time, the Animal Clinic has provided a !lumber of services to the community including the care and sponsorship of area K-9 police officers, animal control reduced fee programs, spay and neutering services for local animnl rescues, and have car~d tor more than 10,000 fOllr legged family memhers. As a result of the growth in animal population in Edgewater and Dr. Castro's professional reputation within the community, the Animal Clinic has outgrown their current facility and is attempting to relocate to the comer of Ranken Drive and US I in Edgewater. In furtherance of their relocation etTort, the Animal Clinic purchased the property in 200~ and has 'Jeen working \.....ilh lllcal bllilders, ul'chit;:ct5, si.1;Jplicrs, hameOWI!erS, and the City to create a building and business that will make the City proud. However, like most construction projects, the Animal Clinic has run into challenges in the development process. The latest challenge has forced a change in the way community members will access the building and will cost the Animal Clinic an additional $15,000.00-$20,000.00. This change will be required in order to comply with the safety standards and building regulations of the City and the Florida Department of Transportation. As a result of this increase in building cost, the project is over budget and in risk of not coming into fruition. We look to you and your board for help. Tt is our understanding that in the City of Edgewater has embrac~..d l'omplini.:;$ and catalYL:ed economic development by granting total or partial waivers of the impact fe:cs as~:o(~iated with nev.' dcvelopment projects. We ask that you consider this our formal rtxl'lt~S~ for consideration under that initiative for a reduction of 2/3rds of the applicable impact fees for the project. The reduction, while not complelely coving the costs of the increase, will help ensure that the proposed state-of-the-art animal hospital is built within the City. In furtherance of our request, we offer the following information to aide you in processing this request. Traditionally, the Animal Clinic has employed three (3) doctors and seven (7) staff within their current 4,900 square foot facility. The current facility is approximately 27 years old and houses both a small surgical room and boarding area. The proposed building will stand at approximately 5,200 square feet and will house a surgical room, grooming, small boarding area and offices. It is anticipated that the increase in square footage will create both short terms jobs for individuals in the construction industry, but also a number of careers within the community. In fact, during the construction of the new building, our contractor anticipates the creatiOn of 6 jobs and the use L1f twenty (20) lucal subcontracting trade companies and materialmen over the proposed twelve (12) month project. While the new building will create a number of short term jobs and provide a local stimulus for the local business men and women involved in the project, it is the long tern1 employment opportunities that will have the largest impact in the community. The increase of size and equipment will allow the clinic to attract an additional one (1) to two (2) doctors, three (3) to six (6) trained technical assistants and groomers, and two (2) office staff positions. With no minimum wage jobs in the clinic, the majority of the positions created within the clinic will be professional and para-professional careers offering higher wages for the employees. It is our hope that your office will see both the short and long term benefits that will come from this project and allow for the elimination or reduction of the impact fees levied by the City on this project. Should you have any questions, concerns, or have further requirements in order to process this application, please feel free to contact my office at the number provided above. Respectfull y, Z~On,ESq City of Edgewater Development fee schedule - Commercial Address 2503 S. Rideewood Ave Pedestrian System Development Fee Schedule (Sidewalks) Local street Minimum 4 feet width $10.36 per linear foot Collector road Minimum 5 feet width $12.96 per linear foot Arterial road Minimum 6 feet width $15.55 per linear foot 224.97 linear feet at $15.55 for a total of $3.498.28 - U.S. Highway 1 267.62 linear feet at $10.36 for a total of $2.772,54 - Ranken Drive Recreational Parks and Open Space Impact Fees Hotel or Motel Multi-family: 2 bedrooms or less Multi-family: 3 bedrooms or more $459.09 per room $434.92 per unit $716.81 per unit N/A Fire Protection and EMS Impact Fee Schedule Single family/mobile home/hotel Multi-family RV Park Retail/commercial Office/Institutional Industrial/warehouse $330.51 per dwelling/room $143.77 per dwelling $0.00 $241.27 per 1000 square feet $165.25 per 1000 square feet $11.57 per 1000 square feet 5.212 square feet at $165.25 per 1000 square feet for a total of $861.28 Police Impact Fee Schedule Duplex/apartment! condomini urn Mobile home or RV Park Hotel/motel Retail/commercial Office/Institutional Industrial/Warehouse $100.10 per dwelling $82.55 per pad site $228.06 per room $335.38 per lOOO square feet $202.27 per 1000 square feet $119.72 per 1000 square feet 5.212 square feet at $202.27 per 1000 square feet for a total of $1.054.23 Revised 6-27-06 per Resolution No. 2006-R-04 Transportation/Road Impact Fee Miscellaneous Movie theater Church Day care Airport hangar Veterinarv clinic $6,593.92 per screen $832.20 per 1000 sq. feet $2,914.99 per 1000 sq. feet $1,303.30 per 1000 sq. feet $1,389.24 per 1000 Sq. feet 5,212 square feet at $1,389.24 per 1000 square feet for a total of $7,240.72 Utility Charees - (Reclaimed Water Impact, Reclaimed Meter Installation, Meter Installation/Connection, Water Capital Charge, Sewer Capital Charge) See attached fee schedule Sidewalks Recreation Fire/EMS Police Transportation/road impact Reclaimed water impact Reclaimed meter installation Water capital charge Sewer capital charge Meter deposit Sewer connection Water connection TOTAL City Representative Total Fees Due: Billing Code: $6,270.82 N/A $861.28 $1,054.23 $7,240.72 N/A N/A $3,483.00 $5,065.20 $332.25 $165.32 $724.05 079 050 075 076 074 480 477 674 677 470 475 471 $25,196.87 Date Development Representative Date NOTICE: The above referenced fees are City of Edgewater impact fees. Applicant/owner must contact V olusia County at 386-423-3300 x2726 to obtain the cost of any applicable V olusia County impact fees that may apply to this project. V olusia County impact fees may be paid at the City of Edgewater at the time of the issuance of the building permit. No final approval/certificate of occupancy will be issued until all applicable City of Edgewater and V olusia County impact fees are paid in full. Revised 6-27-06 per Resolution No. 2006-R-04