2010-R-10RESOLUTION NO.2010-R-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA AUTHORIZING THE
CREATION OF THE CITY OF EDGEWATER MANATEE
TRUST FUND; ESTABLISHING FUND ADMINISTRATION
WHICH PROVIDES FOR COLLECTION AND
EXPENDITURES; PROVIDING FOR CONFLICTING
PROVISIONS, AN EFFECTIVE DATE AND ADOPTION.
WHEREAS, the City of Edgewater, Florida has made the following determinations:
The City of Edgewater has been involved with Volusia County and the State of
Florida Fish & Wildlife Conservation Commission (FWC) in furthering the Manatee Protection
Plan (MPP) for Volusia County.
2. Phase II of the Manatee Protection Plan sets forth framework for permitting of
boat slips along our waterways.
The City received approval from the State to utilize the "slip aggregation' option
which creates a level of service for the number of slips which resulted in 798 motorized slips
along our shoreline. Upon subtracting existing slips and residential parcels (of record as of
07/13/2005), there are 418 spaces available in the excess boat slip pool.
4. The City wishes to create the City of Edgewater Manatee Trust Fund; establish
find administration which provides for collection and expenditures of the fund.
NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida:
Section 1. Council hereby authorizes the creation of the Edgewater Manatee Trust
Fund; establishes fund administration and provides for the collection and expenditures of said
Fund as contained in Exhibit "A" which is attached hereto and incorporated herein.
Section 2. All resolutions or pars of resolutions in conflict herewith are hereby repealed.
Section 3. This resolution shall take effect upon adoption.
2010-R-10
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After Motion to approve by"With Second
vote on this resolution held on September 27, 2010, was as follows:
AYE NAY
Mayor Mike Thomas
J—
Councilwoman Debra J. Rogers
A-
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
_
Councilman Ted Cooper
PASSED AND DULY ADOPTED this 27th day of September, 2010.
ATTEST:
CITY COUNCIL OF THE
CITY OF ED EWATER, FLQRI
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
JA YY�% J11K(�l-
Robin L. Matasick
Paralegal
the
Approved by the City Council of the City of
Edgewater at a meeting held on this 27th day
of September, 2010 under Agenda Item No.
8d.
2010-R-10
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EXHIBIT "A"
MANATEE TRUST FUND
W Ii11-D
The City of Edgewater Manatee Trust Fund shall be established separately and in addition to the
Volusia County Manatee Trust Fund to augment the City of Edgewater resources dedicated to
assist in the implementation of enforcement, education and aquatic habitat conservation and
restoration activities designed to protect manatees on the Indian River within its jurisdiction.
The following information establishes the basis and method the City will use to implement its
Manatee Protection Plan.
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Boat trailer space — a parking space associated with a boat ramp, marina or other water -related
facilities designed to accommodate a boat trailer and vehicle used to tow the trailer. Such space
must have direct access to the Indian River within the Edgewater municipal boundaries.
Commercial Slip — any slip, other than a Single -Family Residential Slip/Dock.
Dry dock/storage — a commercial storage space for a boat located out of the water but with direct
or adjacent access to the Indian River within the City of Edgewater municipal boundaries.
Single -Family Residential Slip/Dock — a single-family residential shall have the right and be
allocated no more than two boat slips for every single-family residential parcel along the Indian
River and built for the exclusive use of the owner of the parcel without applying for excess
slip(s). Parking facilities on such parcels shall not be counted as slips. A single-family
residential parcel may also include a fishing/observation pier.
Slip or Boat Slip — any space located on, adjacent to, or with direct access to the river, which
space is designed for the mooring or storage of motorized watercraft or a motor vehicle with
attached boat trailer. The term includes wet and dry mooring or storage spaces. The term
excludes any space designated exclusively for the mooring or storage of sailboats, and excludes
any space designated for transitory use only such as restaurant, bait shop, or fuel dock spaces.
Piers authorized only for fishing, or observation, are not considered wet slips.
Slip pool or excess Boat Slips —any slip that has not been previously allocated for single-family
residential purposes or allocated for existing tan -residential slips and is within the maximum
number of permitted slips for the city. The number of available excess slips will make up the
slip pool. The allowance for powerboat slips to be aggregated as specific parcels within the City
of Edgewater municipal boundaries rather than evenly distributed. The slip pool is based on the
State approved total number of 798 allowable slips was subtracted by the number of existing
single-family parcels as of 07/13/2005 resulting in 418 excess boat slips in the slip pool.
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Slip pool or excess Boat Slips allocation fee — a fee established by the City of Edgewater and
deposited in the Edgewater Manatee Trust Fund, is to be remitted to the City for each slip
allocated from the slip pool.
DESCRIPTION OF FUND
Trust Fund Revenue Sources:
a) Excess boat slip pool allocation fees collected for excess boat slip allocation shall be
deposited in the Edgewater Manatee Trust Fund. The fund will be separate from other
city funds and will be in addition to the mitigation grants received from Volusia County
pursuant to the Manatee Protection Plan.
b) All new or expanding boat facilities, with the exception of all presently inventoried
single-family residential slip/docks, must remit an excess boat slip pool allocation fee to
the City of Edgewater for each new or expanded slip.
c) The excess boat slip pool allocation fee will be established by Resolution of the City of
Edgewater City Council.
d) The slip pool allocation fee will be re-evaluated every two (2) years by the City of
Edgewater to determine whether the fee is still reasonable. Any adjustments deemed
appropriate will be recommended to the City Manager.
e) The City of Edgewater shall set up a Trust Fund for the collection of fees into the
Edgewater Manatee Trust Fund.
In addition to excess boat slip pool allocation fees, the City shall deposit all fees received
for the renewal of the Use Fee into the Edgewater Manatee Trust Fund.
g) Other sources of revenue such as fines, penalties, donations, grants, or other contributions
may be accepted and/or considered to match the intended use of the Edgewater Manatee
Trust Fund.
Trust Fund Expenditures:
a) The Edgewater Manatee Trust Fund will provide funding for projects and/or programs
that enhance or benefit the river basin and/or ecosystem, including but not limited to,
water quality enhancement, aquatic habitat conservation/restoration, increased
enforcement of manatee speed zones, manatee conservation and education and additional
equipment for on -the -water law enforcement efforts.
b) The Edgewater Manatee Trust Fond revenue may be used as matching funds for various
County, State and Federal grants.
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c) All of the Edgewater Manatee Trust Funds generated from the excess boat slip pool
allocation fees will be eligible for expenditure immediately.
d) Expenditures from the Edgewater Manatee Trust Fund will be made in accordance with
the City of Edgewater budgeting and purchasing policy.
Fund Administration:
a) The Edgewater Manatee Trust fund will be administered by the City of Edgewater
Leisure Services Department and accounted for by the City of Edgewater Finance
Department.
b) The excess boat slip pool allocation application fee will be collected, along with the
Volusia County mitigation fee, prior to building permit issuance.
c) The renewal of the excess boat slip annual Use Fee will be due on October I' of each
year following permit issuance.
d) Any excess boat slip pool allocation renewal fee that is not received within thirty (30)
days beyond the due date will receive a Notice of Violation requesting remittance of the
fee. If the renewal fee is not satisfied within thirty (30) days of issuance of the Notice of
Violation, the City of Edgewater may impose appropriate liens equivalent to the excess
boat slip pool allocation renewal fee and any additional filing and administration fees.
The lien shall be placed on the real property that the excess boat slip is assigned to.
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