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03-07-2011 Voting Order Councilman Ignasiak Councilman Cooper Mayor Thomas Councilman Kennedy Councilwoman Bennington AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING March 7, 2011 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 10, 2011 3. PRESENTATIONS / PROCLAMATIONS /PLAQUES /CERTIFICATES/DONATIONS a. Mayor Thomas to present a plaque and Proclamation to Police Chief William Bennett for his retirement after 21 plus years of service with the City. b. Proclamation — Mayor to proclaim April 2011 as Water Conservation Month 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 from the consent agenda and such item will be considered separately. a. Design and Construction of a project to allow Reclaimed Water Storage in the Mango Tree Drive Borrow Pit. b. FY 2011 Criminal Justice Grant for purchase of police equipment. c. Authorization for East Volusia Mosquito Control District to make low level aerial inspection and spray flights and authorization for the Mayor to execute the Letter of Authorization. City Council Agenda March 7, 2011 Page -2- 8. PUBLIC HEARING, ORDINANCES AND RESOLUTIONS a. 1 Reading — Ordinance No. 2011 -0 -02: Annexing 1.36± acres of land located at 4497 S. US Highway 1. b. 1" Reading — Ordinance No. 2011 -0 -03: Amending the Comprehensive Plan Future Land Use Map to include 1.36 ± acres of land located at 4497 S. US Highway 1 as Commercial. c. 1" Reading — Ordinance No. 2011 -0 -04: Amending the Official Zoning Map to include 1.36± acres of land located at 4497 S. US Highway 1 as B -3 (Highway Commercial). d. Resolution No. 2011 -R -03; Establishing a School Scholarship Program for High School Students from the City of Edgewater and to provide assistance to local public schools and creating a funding source for scholarships. e. Resolution No. 2011 -R -04; Appointing members to the Scholarship Committee. f. Resolution No. 2011 -R -05; Establishing By -Laws for the School Scholarship Committee. g. Resolution No. 2011 -R -06; Establishing a Redistricting Committee to work with Staff to determine where the district boundaries should be located based on the US Census. 9. BOARD APPOINTMENTS a. Library Board — Councilman Kennedy's appointment due to the resignation of Kathy Booth, whose term expires on April 3, 2012. 10. OTHER BUSINESS a. Addendum #5 to the Agreement between the City and YMCA, extending the time for expansion. b. Authorization for Stormwater Pipe Lining in the Wildwood Subdivision by Miller Pipeline Corporation in an amount not to exceed $53,000; authorizing the City Manager to piggyback the City of Largo bid and authorizing the appropriate budget amendment. c. Authorization for Sanitary Sewer Pipe Lining along Riverside Drive by Miller Pipeline Corporation in an amount not to exceed $127,000; authorizing the City Manager to piggyback the City of Largo bid and authorizing the appropriate budget amendment. 11. OFFICER REPORTS a. City Clerk b. City Attorney c. City Manager 12. CITIZEN COMMENTS 13. ADJOURN The next City Council Meeting will be held on April 4, 2011 at 6:00 p.m. Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk Bonnie Wenzel, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386- 424 -2400 x 1101, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1- 800 -955- 8771. 'TM RECE I V D AT E R 1ED NOS 02 201Q ADVISORY BOARD - VOLUNTEER APPLICATION CiTycLew Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s) for which you wish to apply. If applying for more than one Board, you must number in order of your preference. ANIMAL CONTROL CITIZEN CODE ENFORCEMENT* LIBRARY POLICE PENSION* CONSTRUCTION REGULATION* ;2, RECREATION & CULTURAL SERVICES ECONOMIC DEVELOPMENT PLANNING & ZONING* FIREFIGHTERS PENSION* VETERANS PARK AVD. COMMITTEE Members of the Boards with an asterisk ( *) are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Name J (U 6 ,�J2i� Address 0316 t11 cio2 v �c Lam,. (Zz. 06 Home Phone (3) 4 ' 4l Business /Cell Phone S E Occupation � 7772 Are you a resident of Edgewaterk 5 how long Is your principal place of employment in Edgewater n/il At the present time, do you serve on any other City Boards or Commissions if yes, please list each " C Have you ever served or) any Boards, agencies or committees Ye if yes, please list each lt/ vAU4 6d ) L /8/ ® -4 5 F o6 (?.ynca.., .t EVe REFERENCES - Please list three business and /or personal N ame, address and phone r3 but �2 L/ IZ 803 6. l y / V vivC 4 1 . ckt (3 V) ( In— 23! 7 Name, address and phone 72'/n Sic r L Zi; F 42cr S ,800—b,.) '20A0 / Jew, .�+ PR/J &gat (3if(c.) ¥ ¥L 7 0 LS Name, address and phone 11 P ag, EDUCATION High School 1 -- H7%E,r/44S44 ,S. College (4p7rAL LiA- `o[.cx 5 01 1 L —LAS £Y &445 /N/ Degree(s) 78/) Sv c_ZA L- S i�t�rc'f! 6, L2-5 H ,41.1 rZ4 J /4 L 4i 7 / WORK EXPERIENCE /'1 k' ( ,)rY Sc Moo ( , t Sr, rc r / / S vG —S / Pei INTEREST /ACTIVITIES 5ck, ,,4c�, Lvrri 4€ rs ` CA - 2 C COMMUNITY INVOLVEMENT JJo,.i C WHY DO YOU DESIRE TO SERVE ON THIS /THESE BOARD(S)? k.e as5,5k , 1 d ry - �.-� ete0a(3 p.,e e.k r >� EXPERIENCE /QUALIFICATIONS RELATED TO BOARD(S) APPLYING FOR 50 ►-1 001.. A v t Z51 � - 4 floc,* i c- go.4 L t1,,eA ( S & D24_ S E 2v Sci --cc*. 1 lig 5r A resume or separate sheet with additional information may be included with your application. I understand the responsibilities associated with being a board member, and I have adequate time to serveif.pinnted, 11 3° . Zot o Applicant Signature \1 Date Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386 - 424 -2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board 21P age CITY OF EDGEWATER RECEIVED EDGEWATER NOV 02 2010 ADVISORY BOARD — VOLUNTEER APPLICATION CITY CLERK Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s) for which you wish to apply. If applying for more than one Board, you must number in order of your preference. ANIMAL CONTROL CITIZEN CODE ENFORCEMENT* �( LIBRARY POLICE PENSION* CONSTRUCTION REGULATION* RECREATION & CULTURAL SERVICES ECONOMIC DEVELOPMENT PLANNING & ZONING* FIREFIGHTERS PENSION* VETERANS PARK AVD. COMMITTEE Members of the Boards with an asterisk ( *) are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION � Name in f R P o �-- KEY Y f Address 2 6 l f l j9 R j L y ti D 1? Home Phone Business /Cell Phone 3 6- 6 ? 9 -072 7 Occupation Do 5 /J I / e. Are you a resident of Edgewater ye. how long a j efi<RS Is your principal place of employment in Edgewater At the present time, do you serve on any other City Boards or Commissions WO if yes, please list each Have you ever served on any Boards, agencies or committees /1/0 if yes, please list each REFERENCES — Please list three business and /or personal Ke, /A 19h eR.v .. /2 Roc)< CoV e- C+ Do/70 m- - 3A L 1/ 77/ Name, address and hone P�R Le. ut✓ 6� o3oCo lit I - a Rrns Rc,1 - 3 ?b -65v -132 Name, address and phone Lt.53 eR 3 101AtoafRy -1 ~3 R31- Yq Name, address and phone 1 I 1' a EDUCATION 19' 7 f High School m 1 4'}171 7 J! ' L4i i -67 R, /-1( h 1 /9 pcL- P/�/ I 5Ch6( - /77? College Degree(s) WORK EXPERIENCE U)o R K ec/ Ci S q FOR /2 ye ,49/24 2z a aO5 p tAtt , 0 FoR C 1 105)9i- - / - 09 1_ INTEREST /ACTIVITIES L , ke - 40 /; e x►d , o _v e. e. d l e COO a nd b Ate COMMUNITY INVOLVEMENT L • • ' ' e, v e rn e t Ry u WHY DO YOU DESIRE TO SERVE ON THIS /THESE BOARD(S)? xi RA R y • ti LL JoR -fe- FL iCe -Ao J e.. AJe cl +o C © ine v p Lo -1-h rno Re -fhi n95 /-- the ' T .: Ve_ Some • EXPERIENCE /QUALIFICATIONS RELATED TO BOARD(S) APPLYING FOR WoR k 04- rr►y SChof,L l bR?.R 511(111`19RAde. /29Afiae f hi5 wYf s he,PQA hacl CompufeP,we vS ,Lj p. In rd.e)(, X19- 4, A resume or separate sheet with additional information may be included with your application. I understand the responsibilities associated with being a board member, and I have adequate time to serve if appointed. ✓ � s�1 ! � '� i _' �� ° hcz e , C7 � ,20/0 Applicant Signature Date Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386- 424 -2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board 21 f) ag City of ,D EWATE q pp t 1 0,„ rot t am atton . O a/ to /fpo ' V s = WHEREAS, William "Bill" Bennett has served the City of Edgewater as a Police Officer for more than twenty one years, and as Chief of Police for almost 3 years. Bill Bennett has a combined total of over 30 years as a law enforcement officer within Volusia County. Today, we join his family, friends co- k? workers and fellow police officers to honor him and his career and to say thank you for a job well done; and 4 WHEREAS, Bill started with the Edgewater Police Department on June 23, 1989, where he moved up the ranks as a Patrol Officer, Field Training Officer, Sergeant, Criminal Investigations Division g Sergeant, Traffic Division Sergeant, Deputy Chief, and Chief of Police. Bill Bennett held the position of In- terim Chief on two separate occasions, and has led the Officers of the Edgewater Police Department through example of strong work ethic and unparalleled integrity; and � , WHEREAS, Bill Bennett was chosen among a select few to attend the F.B.I. Law Enforce- gg ment Academy in 2000. His expertise in the area of investigations led to a 100% clearance rate of all homi- cides within the City of Edgewater; and, WHEREAS, As a Department Administrator, Bill Bennett is responsible for the present Mission Statement and Core Values for the Edgewater Police Department. Among many other programs, Bill Bennett initiated the Manatee Safety Grant Program, and the Zero Tolerance Traffic Safety Program. WHEREAS, Bill Bennett has led, guided, and enhanced the professionalism of the Edge- water Police Department, and its members. All who have encountered Bill know him to be a man who has lived his life within the core values which all police officers endeavor to obtain. To live in truth, to never fal- ter in the face of danger, and to protect and serve. NOW, THEREFORE, I, Michael L. Thomas, do hereby call upon the City Council, fellow employees and all of our community to join me in conveying to Bill Bennett our appreciation for all of his hard work and contributions to our City. By virtue of the authority vested in me as Mayor of the City of Edgewater, Florida, 1 do hereby wish Bill best wishes and success in his future endeavors and say congratulations, thank you and best of luck in your retirement. 3n :. itne515 /Vijereof /Iaae 4epewrto at in %ard acrd caned do Peat Seal ai to City o f fd to A 4 it Done at the Edgewater City Hall in the ;� � i. County of Volusia STATE OF FLORIDA , AN * ',#-.. this ' t ; day of s � z (Y� in the Year ,,,,- $., .- , of our Lord o ou . Viand e1p v e .J vim . .._ _ ':' : 1 Z . s ,,4 , ! Cv.-- At ayor �LQ l_ a. . L Clerk z 3 e' F ' ' '< yo- xk y � s' ,' 4 f"reY.z;". „., a'1., r ,, . e a9st n A ,. , fC?r 4F4�' � >s .� #xr �i a � r$14 ,• ,.�1Y.#: ..... City of t ED GEWAT ER ro tt am atton O j e of de "fo , ' , WHEREAS, water is a basic and essential need of every living creature; and WHEREAS, the State of Florida, the St. Johns Water Management District, Florida Section of the American Water Works Association, and The City of Edgewater are working together to pro- ` mote the efficient use of water and advocating sound water conservation practices; and ma WHEREAS, the City of Edgewater and the State of Florida have designated April, typi- r aA cally a dry month when water demands are most acute, Florida's Water Conservation Month, to .% educate private citizens and other users about efficient use of precious water resources; and , WHEREAS, the City of Edgewater has always encouraged and supported water conserva- i tion through various educational programs and special events; and 't.'`tft WHEREAS, every business, industry, school and citizen can make a difference when it ; c omes to conserving water; and � r WHEREAS, every business, industry, school and citizen can help by saving water and thus promote a healthy economy and community; and w NOW, THEREFORE, be it resolved that by virtue of the authority vested in me as Mayor f of the City of Edgewater, do hereby proclaim April 2011 as t- Water Conservation Month in the City of Edgewater, Florida and urge each citizen and business to help protect our precious � _ t resource by practicing water saving measures and becoming more aware of the need to save water. t , 3 n W itneg5 ereof /iaoe p �rerearto act ,irk %a�rd arc! owed de �reat c>euG e of t46 Of of atewaterto d Done at the Edgewater City Hall in the County of Volusia STATE OF FLORIDA `� this 16th day of February in the Year of ��r our Lord two thou i d aO eleven D i u j 1 j `�(/�1/. V �r�ii 9 e t i . i.l Yl� 0Y4, A' . - t Ve . Mayor r. 4 • 1 . -Jerk q i a,+..:` ' •s %i ''S v g �" ., P'i r aez f° ' L'.`" ` ,"` r K s ° t + '' � e v ` �''' # � �' ,r• . ro».W �.�-x v t° .? -�*�' i ,�,� �"" e � i'- �' �� Y', � ^�4.s "";� r �'. a , `tom f Y . ,<Yt 4.P,,, s` p� ,1�`0 g its P<A, ss 1 wpax. {"'ss. � � � e „ ^t�;.+i'� ?:, t t 'k,.f..: a . th .. �x„, r1 �' . .i,�r v, �? r, .. , rfmY -rm''d :r.'^.,.?. F.'� , ,., _,�. NasmYs6 f, . ,L3� a..v..ac. .,. yrr..a,_... ,1.,. -., ...tea �f"d.. : AGENDA REQUEST Date: February 18, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT March 7, 2011 BUSINESS ITEM DESCRIPTION: Design and Construction of a project to allow Reclaimed Water Storage in the Mango Tree Drive Borrow Pit BACKGROUND: The City's current Florida Department of Environmental Protection Permit for the Wastewater Treatment Plant allows for 0.83 MGD annual average of treated effluent to be discharged into the Indian River Lagoon. It has been a long term goal to reduce or eliminate this discharge and to capture this effluent for use as reclaimed water for alternative water supply goals. The City currently uses the borrow pit adjacent to the Wastewater Treatment Plant property to augment the reclaimed water during periods of drought. This project is intended to allow discharge into the borrow pit during wet weather periods in order to reduce the amount of effluent being discharged to the Indian River Lagoon and to capture some of the this loss in reclaimed water. This year's Wastewater Budget allotted $100,000 for the construction of this project. Below is an outline on the estimated costs for design, permitting and construction of this project. Construction $64,650 10% Contingency $6,465 Engineering /Permitting $10,850 TOTAL $81,965 STAFF RECOMMENDATION: Staff recommends approval of this project and appropriate budget amendments. ACTION REQUESTED: A motion to authorize the city manager to execute a work order with Quentin L. Hampton Associates, Inc. for $10,850 for design and permitting and authorize bidding procedures to construct the project for a not to exceed amount of $71,115 and for appropriate budget amendments. FINANCIAL IMPACT: (Finance Director) $81,965 (SPE IFY IF UDGET A ENDMENT IS REQUIRED) YES XX NO "Th■elL r Jo McKinney, Finance Director PREVIOUS AGENDA ITEM: YES NO XX If so, DATE: AGENDA ITEM # Respectfully submitted, Concurrence: __ 'f ',AA i i/Al...--.0 :11-- 060— TI Brenda L. Dewees Robin L. Matusick Director of Environmental Services Paralegal P■ racey ' . Barlow City/anager MARK A. HAMPTdN, P.E • BRAD T. BLAIS; P.E. ' ` TELELPHONE: (386) 761-6810 DAVID A. KING. P.E. QU�IIt1II h.1CIampton Associates, Inc.- ` . ` ... '. . ': FAX: (386) 761 -3977 ANDREW M. GIANNINI P E. Consultin Eni nneers - ` EMAIL: glha @giha,com KEVIN A. IEE, P.E. $ $n p:0: DRAWER 290247, AORT ORANGE. FLORIDA 3212f1.024 • • :. Pebrua ili 18, 20M • . • B Dewees Environmental Services. Director • _ - City of Edgewater . P.O. Box 100 ;' i • Edgewater, FL 32132. • • RE: RECLAIMED WATER STORAGE IN MANGO TREE BORROW PIT •.:` ; ' • Dear. Brenda► = ;r As a follow -up to our December 15, 2010 meeting and 'Our 'discussion today, we have fuit • evaluated the improvements: necessary to discharge reclaimed: water. Into the on =site borrovy pit,. The proposed improvements are summari zed below and are' shown on the enclosed sketches: • •• Fill the borrowpit with"dechlorinatedeffluent rather than reclaimed • o ironstruct•: a.. pipe (with . , .motor• controlled •valve and: .a flow .Meter) from the • discharge of the efhuent: PUMPS to the • overflow drain line of the'reclaimed; s torage, : ' •:,:.' :, • .tank. Install a manual or motor controlled valve (if riot already •in place) on the • • • - effluent dischargemain to the lndlan_Riverso to -isolate flow to the: borrow pit or : • . • . Indian River : • • • . - • o'� Aerated, echlorinated water would °:1�� More : readily : assimilated''by' t ie °poisd • � ecology thanreclalmed:water cantaining'a'residual•level of disinfectan ` . . •• Install a water -level sensing station in the borrow pit. • • • o The existing . staff gauge can be., r with a. , standpipe• .10 ;float 'switches • mounted on the hiteriof and enamel- coated. staff gauge: Measuring Pikes ;mounted • to the'exterior. ' • ‘o A high level switch;(set at or below the eIevatien of the existing culvert to the M ango. • ..: Dr, ditch) would close the pond fill valve and Open the river df stharge valve _ • o AA low level switch (set at the, •permitted :minimum level of the borrow pit) :would ••• • • • prevent the operation of the Reclaimed Water Augmentation Pump:' Station: (if'not . • lready-in'place)t. • • Strengthen and improve the existing high -level discharge path, and improvesite security. -, - o Clean out and re =grade the high-level discharge channel. ' o' Replace the existing deformed CMP culvert with RCP piPeandheadWalls, Re =grade • access road over culvert to accommodate 1.1 - 20. vehicte :loading. o . • Repair chain-link fence along Mango .Dr., specifically at the pond discharge channel. Install; new fence along the • eastern - side of the property to' limit•_public access . • ..( optional, but iE ecommended due to steep slopes of borrow pit) . • - , These improvements '_ expected re,Qulre 'a Minor Modification of.. the FDEP Wastewater :. Operating Permit: • A conceptual cost estimate for these improvements isshownbelow: , Effluent:Line to Pond; 410 -LF 12" DIP'@ $25 /LF $ 10 " '.. . (2) Motor Controlled Valves • w /electrical /conti Ols - @` $12 000 /ea " $ 24 000' • • Flow Meter .w %controls $ - 5:000 • Sy Water Level Sensing Station: Stilling Well $ 3,500 • Enamel- Coated Staff Gauge Plates • $ •• s • Float Equipment /Conduit /Wiring , $ ; 2,000: Controls $ 0.opo Subtotal $ 12,000 Pond Overflow & Site• lmprovelnents:. 24=LF RCP Culvert $ 2,400 12) Concrete Headwalls: :. $- 6,000. Earthwork /Grading /Sodding $ 5.000. • • Subtotal: - • 13,400< • Project, Subtotal: $': 64,650 <, 1096: Contingency;' $. fr,465 Engineering /Permitting $ 10850 • • TOTAL $ . .81,965' ' . Actual costs may vary based on final scope of work, amount of work completed by City forces and Other factors. Enclosed is an engineering services proposal for the project, which includes the work we believe, is • necessary for design, permitting, -bidding and construction phase ` serviees: • Please contac our`oice• . • ifyou•have any question :or need further information. ' • Sincerely, Y QU M ON ASSOCIATES, INC...: ,.:. ' • David A. King, P.E. ': Randall J Coslow, E.I. : • Vice President Engineer Intern • DAK /RJC:el /mt ,. ; Enclosures: ' Site Piping Exhibit . - .. `' t, a Borrow Pit Exhibit Proposal cc: QLH File Array . . BW085 PROPOSAL.DOC r ; ;y SCOPE OF SERVICES AND FEE PROPOSAL RECLAIMED WATER STORAGE IN MANGO TREE BORROW PIT CITY OF EDGEWATER February 15, 2011 General - This Scope of Services and Fee Proposal is in conformance with the Continuing Services Agreement between the City of Edgewater (CITY) and Quentin L. Hampton Associates, Inc. (QLH). The basis of design shall be the improvement described in the January 13, 2011 Letter from QLH. Scope of Work - QLH will perform the following work activities and will provide the respective deliverables: Survey - QLH will provide limited survey effort for the borrow pit overflow improvements. Existing record map information will be relied upon for the site piping and other work at the WWTP. A $1,500 allowance has been included for the survey effort. Design - QLH will prepare complete design documents including construction plans and technical specifications. Submittals will be made to the City at the 60 %, 90% and Final design phases for review /comment by the City. Construction cost estimates will also be provided at these phases. The design shall comply with City and FDEP regulations. A $500 allowance has been included for electrical design that will be required. Permitting - QLH will make application to the following agencies for the listed permits: • FDEP - Minor modification to WWTP QLH will assemble the permit application package and submit such to FDEP. City is responsible for any /all permit application fees. QLH will respond to all reasonable Requests for Additional Information (RAIs) from FDEP. If additional permits are required, QLH reserves the right to adjust this scope of services and fee proposal. Bidding - QLH will prepare City standard bidding documents for City review /approval. Upon approval, QLH will assist the City in advertising for bids including the following work activities: • Distribute documents to potential bidders • Address bidders questions • Attend pre -bid meeting • Issue addenda's as needed • Review submitted bids • Attend bid opening • Investigate low bidders' qualification's • Make recommendation of award • Prepare certified bid tabulation • Attend City Council meeting for bid award as needed General Services During Construction - QLH will provide the following construction contract administration services during the construction phase. The estimated construction contract duration is 90 days. Actual construction is estimated to take 30 days. 1. Schedule and preside over preconstruction conference 2. Issue Notice to Proceed to Contractor 3. Review shop drawings /material submittals 4. Address Contractor /City questions 5. Twice per month site visits in conjunction with progress meetings with City and Contractor 6 Schedule and preside over project meetings held twice per month 7 Review of monthly Contractor pay requests 8 Review of Contractor as -built drawings 9. Review of Change Orders 10. Prepare final record drawings, utilizing Contractor as builts and inspector sketches, etc. 11. Determine substantial completion 12. Provide final inspection 13. Recommend final payment 14. Coordinate execution of final paperwork 15. Provide Certificate of Completion to permitting agencies Construction Observation - The City will provide construction observation. Exclusions - The following work activities are not included in this scope of work: • Funding Assistance • Biological Services • Inspection Proposed Fpes - QLH will complete the work for a fee of $10,850 based on the following breakdown: Survey Allowance $ 1,000 Design Lump Sum $ 3,700 Permitting Lump Sum $ 1,500 Bidding Assistance Lump Sum $ 1,850 Construction Contract Administration Lump Sum $ 2,300 Printing Allowance Allowance $ 500 TOTAL $10,850 EW085 PROPOSAL.DOC Proposed Fill Line from Effluent Pumps *. t ` yy -, Fi ,. - R !. * - " - r -. .,* 1,...,,, , , ,. ,, , 1 .4YFWaE _,, , .,,,,, , ,..,, I 4.; 3 ,. '',,,.. .. , , 1 a ,,jam"; Y„ , .t , a . / , % 4 w .44 l'. * .1 t t ' � # C a y"t E cisting Storm r a ► Sewer Outfall ,qq , - ITYP. of 4) ;• 3R D � * .� , a - Y y a .' ' ` x .0., ...r. , i e x m i4 L . .. ;aIIR'4 z` Approx. Pond Dimensions: 2,230' x 450' Prop. Fence: 2,500 -LF ....:.flrm&WA:TEAX.i° KANT Awtaw tfD.... waf°nwy memos 3../ .I, uxi4 :, ..a:'GS.E a EE(DMAS1:iN,EVOX03°og 11ia re001 014+ 1 i ■w FST i ! � ji 11 t ii,:. ...., _ i _ , 11 r j }g�f yyq 2255 i T 1 1 .Cjv n ..... if ..._ . • �, rift i .."''' 2 a 1 ' • '' l' r .1 .,, . . ' - a41 i Oa • :GJ3 7 ii _ � f 1 - , i id r e f ' n i j * ._a .tr nc nc s ir= ! .;:it rs - a 4> a f ig 43' • $ u `;2A ? 8- e 1 it 4'1 x __; -- -__ z ,,„ 1 • 2 Q `-1 - g I-- V . 1 64,................ 41 9 i , `-- , ,/:,,K, 4. r 4. i . C7 (r x _ a g D tto' -r \ � $ 1 it A r" V) Z m y y b p i -° - -- D R A f ~ U orn � loon1 7 i t PI e4 -, -i § i w k r • SS5 Q m fi Z f•1 L�r 5 ) < N 7 ! 21j . 1111111101 i l 1 - 10111" i o Will E s *2 v ( ii11hi1.111 k Ra IIUIIIl11UO _.� Z 1Illii111WUl' 0 t Nr o a 0,00. s ..sF uc(MOW a WOO ® ' X J .'3 e • {a t n g f�^^'a�MD ;44b- 888 .T Jti.!'.. d ti m vt rn A � v • 7 0 0 ._. _ - -,.. � n 1 oh I o wl �. i f 4..© .�.- '� C4 31 II i ( t; i LAKE Y FY }0 , m } �1r , AGENDA REQUEST Date: February 18, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT March 7, 2011 BUSINESS ITEM DESCRIPTION: FY 2011 Criminal Justice Grant for purchase of police equipment. BACKGROUND: On January 11, 2011, the Florida Department of Law Enforcement awarded the City of Edgewater Police Department an amount of $6,271.00 in monies for police training equipment. The monies will be utilized for the purchase of equipment that will be used for high liability firearms training. STAFF RECOMMENDATION: Staff recommends that City Council authorize a budget amendment in an amount not to exceed $6,271.00. ACTION REQUESTED: Motion to approve the budget amendment in an amount not ,t; exceed $6,27 .00. ( FINANCIAL IMPACT: (Finance Director) I Alt_ l r _�, (SPECIFY IF BUDGET AMENDMENT IS ' ' QUIRED) YES X ' PREVIOUS AGENDA ITEM: YES NO X If so, DATE: N/A AGENDA ITEM # Respectfully submitted, Concurrence: D d J. Arcieri Robin L. Matusick Interim Police Chief Paralegal Tracey (Barlow City 1 anager g �4+ z t m9� z k K � / - City of T ER I c.1951 February 1, 2011 Mr. Clayton H. Wilder State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, FL 32308 RE: Contract No. 2011- JAGD- VOU -B3 -065 Dear Mr. Wilder: Enclosed for your records is the original Certification of Acceptance executed by the City for the above - referenced contract. Should you have any questions regarding this matter please do not hesitate to call. Sincerely, g I Bonnie Wenzel, CMC City Clerk cc: Sgt. Dan Blazi, City of Edgewater Office of the City Clerk P.O. Box 100 • Edgewater, FL 32132 -0100 (386) 424 -2400 Ext. 1101 • Fax (386) 424 -2410 www.cityofedgewater.org State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATION OF ACCEPTANCE The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2011 - JAGD - VOLU -4 -B3 -065, in the amount of $ 6,271.00, for a project entitled, POLICE EQUIPMENT, for the period of 02/01/2011 through 06/30/2011, in accordance with the Budget and Budget Narrative contained in the subgrant application, and subject to the Florida Department of Law Enforcement Conditions of Agreement and any special conditions governing this subgrant_ / r `f f / / Signature of Subgrantee's Authorized Official Michael L. Thomas, Mayor Typed Name and Title of Official January 27, 2011 Date of Acceptance City of Edgewater Name of Subgrantee Rule Reference 11D-9.006 OCJG -012 (rev. October 2005) FDLE Florida Department of Office of Criminal Justice `rants Rick Scott, Governor Law Enforcement Post Office Box 1489 Pam Bondi, Attorney General Tai €ahassee, Florida 32302-1489 Jeff Atwater Chief Financial Officer Gerald M. Bailey (8 0) 617-1250 Adam Putnam, Commissioner of Agriculture Commissioner www.fdle.state.fi.us JAN 1 1 2011 CITY OF EDGEWAT -{ RECrivE F The Honorable Mike Thomas Mayor JAN 1 4_ 201 City of Edgewater Post Office Box CM'CLEF.:.K Edgewater, FL 32132 Re: Contract No. 2011- JAGD- VOLU -4 -B3 -065 Dear Mayor Thomas: The Florida Department of Law Enforcement is pleased to award an Edward Byrne Memorial Justice Assistance Grant to your unit of government in the amount of $ 6,271.00 for the project entitled, POLICE EQUIPMENT. These funds shall be utilized for the purpose of reducing crime and improving public safety. A copy of the approved subgrant application with the referenced contract number is enclosed for your file. All correspondence with the Department should always refer to the project number and title. Your attention is directed to the Standard Conditions of the subgrant. Changes were made and an addendum was added to these conditions after your application was received in this office. Therefore, the Standard Conditions and the Addendum should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and costs reimbursements. The enclosed Certification of Acceptance should be completed and returned to the Department within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. Committed to Service • Integrity • Respect • Quality The Honorable Mike Thomas Page Two We look forward to working with you on this project. If we can be of further assistance, please contact Janice Parish at 850/617 -1250. Sincerely, Clayto lWilderr Administrator CHW /JP /ps Enclosures SUBGRANT AWARD CERTIFICATE (CONTINUED) This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a property executed Certification of Acceptance /Request for Payment is returned to the department. • Authorized Official Clayton H. Wilder Administrator /—ii- Date ( ) This award is subject to special conditions (attached). State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SUBGRANT AWARD CERTIFICATE Subgrantee: City of Edgewater Date of Award: / - //- / Grant Period: From: 02/01/2011 TO: 06/30/2011 Project Title: POLICE EQUIPMENT Grant Number: 2011- JAGD - VOLU -4 - -B3 -065 Federal Funds: $ 6,271.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $ 6,271.00 State Purpose Area: E : Equipment Supplies - Purchase Equipment /Supplies (`Gr10 Mr 1 F 7 252 Award is hereby made in the amount and for the period shown above of a subgrant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90- 351, as amended, and the Anti -Drug Abuse Act of 1988, P.L. 100 -690, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1D, Office of Justice Programs, Common Rule for State and Local Governments and A- 87, or OMB Circulars A -110 or A102, as applicable, and A -21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90 -351, as amended, and P.L. 100 -690. Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct Subgrant Recipient Organization Name: City of Edgewater County: Volusia Chief Official Name: Mike Thomas Title: Mayor Address: Post Office Box 100 City: Edgewater State: FL Zip: 32132 Phone: 386 -424 -2400 Ext: Fax: 386- 424 -2431 Email: mthomas @cityofedgewater.org Chief Financial Officer Name: John McKinney Title: Chief Financial Officer Address: Post Office Box 100 City: Edgewater State: FL Zip: 32132 Phone: 386- 424 -2400 Ext: 1301 Fax: 386- 424 -2436 Email: jmckinney @cityofedgewater.org Application Ref # 2011 -JAGD -1063 Section #1 Page 1 of 2 Contract 2011 - JAGD- VOLU -4 -B3 -065 Rule Reference 11D-9 006 OCJG -005 (rev. April 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Addendum To Standard Conditions For Subgrant Recipients receiving Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds under Federal Grant No. 2009 -DJ -BX -1077, the following additional conditions apply: 1. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct The subgrant recipient must promptly refer to the Florida Department of Law Enforcement, Office of Criminal Justice Grants any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. 2. Task Force Training Requirement The subgrant recipient agrees that within 120 days of award, for any law enforcement task force funded with these funds, the task force commander, agency executive, task force officers, and other task force members of equivalent rank, will complete required online ( internet- based) task force training to be provided free of charge through BJA's Center for Task Force Integrity and Leadership. This training will address task force effectiveness as well as other key issues including privacy and civil liberties /rights, task force performance measurement, personnel selection, and tack forte oversight and acccnvntahilit\i Additional information will be provided by BJA regarding the required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). • Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct � a a Implementing Agency Organization Name: Edgewater Police Department County: Volusia Chief Official Name: William Bennett Title: Chief of Police Address: 135 East Park Avenue City: Edgewater State: FL Zip: 32132 Phone: 386- 424 -2428 Ext: 2112 Fax: 386- 424 -2431 Email: wbennett @cityofedgewater.org Project Director Name: Daniel Blazi Title: Criminal Investigations Division Sergeant Address: Post Office Box 100 City: Edgewater State: FL Zip: 32132 Phone: 386- 424 -2400 Ext: 2151 Fax: 386- 424 -2431 Email: dblazi @cityofedgewater.org Application Ref # 2011 -JAGD -1063 Section #1 Page 2 of 2 Contract 2011 - JAGD- VOLU -4 -B3 -065 Rule Reference 11D -9.006 OCJG -005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct General Project Information Project Title: POLICE EQUIPMENT Subgrant Recipient: City of Edgewater Implementing Agency: Edgewater Police Department Project Start Date: 2/1/2011 End Date: 6/30/2011 Problem Identification Training in the high liability area of use of force, in particular firearms training, is essential to Law Enforcement when faced with deadly force scenarios. Dynamic training exercises have been shown to dramatically elevate firearms training programs, which in turn helps to reduce injury or death to officers and citizens when faced with these situations, and helps officers in making sound descisions when faced with shoot, no -shoot options. Portable knock down targets are an integral part of this training. Project Summary (Scope of Work) We will purchase new portable knock -down targets for the purposes of dynamic firearms training exercises. This equipment will enhance the firearms training of the sworn law enforcement officers of our department. This enhanced training will reduce liability and increase safety to our officers and community if our officers are subject to a deadly force incident. The equipment will be used for the sworn law enforcement officers of the Edgewater Police Department. The Edgewater Police Department Training Division (range masters) will be providing the services to the sworn personnel. Other law enforcement agencies may receive training upon request, and will be subject to all Edgewater Police Department policy and procedures in reference to range safety when equipment is in use. Application Ref # 2011 -JAGD -1063 Section #2 Page 1 of 2 Contract 2011- JAGD - VOLU -4 -B3- Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct Section Questions: Question: Does the Subgrantee receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Application Ref # 2011 -JAGD -1063 Section #2 Page 2 of 2 Contract 2011- JAGD- VOLU -4 -B3- Rule Reference 11D-9.006 OCJG -005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 001 - Law enforcement programs State Purpose Area: E - Equipment Supplies - Purchase Equipment/Supplies Activity Description Activity: Equipment and Supplies Target Group: Equipment and Supplies Geographic Area: Suburban Location Type: Police Department Address(es) : Edgewater Police Department 135 E. Park Avenue Edgewater , FL 32132 Objectives and Measures Objective: n . _ -'cu _ of f p .d on n of �nr!!nr s LJ.L % ailiv 'S i. v. • ._. '.'�..' .. �L :i M _ � supplies Measure: Part 1 Amount of funds to be expended to purchase equipment and /or supplies Goal: $6,271.00 Objective: 52.E - Number of equipment or supply items purchased with JAG funds by type of equipment or supplies Measure: Part 16 How many other pieces of equipment will be purchased? Goal: 26 Application Ref # 2011 - JAGD - 1063 Section #3 Page 1 of 2 Contract 2011- JAGD- VOLU -4 -B3- Rule Reference 11D -9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct Section Questions: Question: If "other" was selected for the geographic area, please describe. Answer: N/A Question: If "other" was selected for location type, please describe. Answer: N/A Application Ref # 2011 -JAGD -1063 Section #3 Page 2 of 2 Contract 2011- JAGD - VOLU -4 -B3- Rule Reference 11D-9.006 OCJG -005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct General Financial Info: Note: All flrtanc €aE remittances will be 3ertt to the Chief Financial Officer of the Sub grantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency ?: No FLAIR / Vendor Number: 596000314 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $0.00 $0.00 $0.00 Expenses $6,271.00 $0.00 $6,271.00 Operating Capital $0.00 $0.00 $0.00 Outlay !Indirect Costs Q $n.00 $0.00 $0.00 -- Totals -- $6,271.00 $0.00 $6,271.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2011 -JAGD -1063 Section #4 Page 1 of 3 Contract 2011- JAGD - VOLU -4 -B3 Rule Reference 11D -9.006 OCJG -005 (rev. April 2005) ptnication for Fundina Assistance Faorida Department of Law Enforcement Justice Assistance Grant - Direct �� i -- �- iECJi 1I \,tUGSiFVi-i�_ Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? Answer: NIA Question: if benefits are to be included, are they reflected in the budget narrative? Answer: N/A Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or implementing agency, if it is the sheriffs office. Answer: $1.000 Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer N/A Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services_ Include the basis for the unit costs and how recently the basis was established or updated. Answer: N/A Application Ref # 2011 -JAGD -1063 Section #4 Page 3 of 3 Contract 2011- JAGD - VOLU -4 -83- Rule Reference 11D-9.006 OCJG -005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct Budget Narrative: Expenses Category Sub - Total Approx. 1 plate rack target @$999 each $999.00 Approx. 2 torso targets @ $220 each $440.00 Approx. 2 dueling tree targets @ $399 each $798.00 Approx. 8 static - standard targets @ $155 each $1,240.00 Approx. 3 hold targets @ $199 each $597.00 Approx. 4 pepper popper targets @ $225 each $900.00 Approx. 1 hostage targets @ $280 each $280.00 Approx. 3 rocker targets @ $225 each $675.00 Approx. 1 turn swing targets @ $180 each $180.00 Approx. 1 swinger target @ $225 each $225.00 Approx. Total $6,334.00 Anything over the grant will be paid by the City of Edgewater. Application Ref # 2011 -JAGD -1063 Section #4 Page 2 of 3 Contract 2011- JAGD - VOLU -4 -B3- Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A -110, or OMB Circular A -102, and Florida law to be eligible for reimbursement. 3. Reports a. Project Performance Reports (1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enforcement, hereafter known as the Department, within 15 days after the end of the reporting period. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate, and timely may result in sanctions, as specified in item 17, Performance of Agreement Provisions. (2) Report Contents: Performance reports must include a response to all objectives included in your subgrant. A detailed response is required in the narrative portion for yes /no performance objectives. The narrative must also reflect on accomplishments for the quarter and identify problems with project implementation and address actions being taken to resolve the problems. b. Financial Reports (1) Project Expenditure Reports (a) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Project Expenditure Reports are due thirty -one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Project Expenditure Reports shall be submitted. Project Expenditure Reports for grants made under the Recovery Act must be submitted monthly. See the Recovery Act Conditions for additional information. (b) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCJG) through the Subgrant Information Management ON -line (SIMON) system. (c) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre - audit and post- audit. (d) Before the "final" Project Expenditure Report will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (e) Reports are to be submitted even when no reimbursement is being requested. (2) The Financial Closeout Documentation shall be submitted to the Department within forty - five (45) days of the subgrant termination date. (3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department within 31 days after the end of the reporting period covering subgrant project generated income and expenditures during the previous quarter. If any PGI remains unspent after the subgrant ends, the subgrant recipient must continue SFY 2011 Page 2 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Standard Conditions Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies, and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 17 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide) (http: // www. ojp. usdoj .govlfinancialquide /index and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance (http: // www. ojp .usdoj.gov /BJAlgrantljaq.html) as well as Federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: • Florida Administrative Code, Chapter 11D -9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program ": https:l /www.flrules.orgt • Office of Management and Budget (OMB) Circulars: http:l/ www .whitehouse.gov /omblcirculars o A -21 (2 CFR 220), "Cost Principles for Educational Institutions" o A -87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal Governments" o A -102, "Grants and Cooperative Agreements with State and Local Governments" o A -110 (2 CFR 215), "Uniform Administrative Requirements for Grants and Cooperative Agreements" o A -122 (2 CFR 230), "Cost Principles for Non - Profit Organizations" n f St .t Local G a n Non- Profit Organizations" • Code of Federal Regulations: http:// www .gpoaccess.gov /cfr /index.html o 28 CFR 38, "Equal Treatment for Faith -Based Organizations" o 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) o 28 CFR 83, "Government -Wide Requirements for Drug -Free Workplace (Grants)" o 28 CFR 18, 22, 23, 30, 35, 42, 61, and 63 • Public Law 109 -162, Title XI— Department of Justice Reauthorization, Subtitle B— Improving the Department of Justice's Grant Programs, Chapter 1— Assisting Law Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program: http: // www. ojp .usdoj.gov /BJA /grantliaq.html • United States Code: http:// www. gpoaccess.gov /uscode /index.html o 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968" 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles and standards for selected cost items set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular A -87, "Cost Principles for State, Local and Indian Tribal Governments," or OMB Circular A -21, "Cost Principles for Educational Institutions." b. All procedures employed in the use of federal funds for any procurement shall be according SFY 2011 Page 1 • Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 10. Program Income (also known as Project Generated Income) a. All income generated as a direct result of a subgrant project shall be deemed program income. b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report to report how much PGI was earned during each quarter. A report must be submitted each quarter even if no PGI was earned or expended. c. PGI expenditures require prior written approval from the Office of Criminal Justice Grants. Program income must be used for the purposes of and under the conditions applicable to the award. If the cost is allowable under the Federal grant program, then the cost would be allowable using program income. d. Program income should be used as earned and expended as soon as possible. Any unexpended PGI remaining at the end of the Federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when the consultant's rate exceeds $450 (excluding travel and subsistence costs) for an eight -hour day. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide, the Common Rule, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. If consultants are hired through a competitive bidding process (not sole source), the $450 threshold does not apply. 12. Property Accountability a. The subgrant recipient agrees to use all non - expendable property for criminal justice purposes during its useful life or dispose of it pursuant to § 274, Fla. Stat. • b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A -110 or A -102, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Programs Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A -110 or A -102, as applicable. 14. Copyright The awarding agency reserves a royalty -free non - exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and SFY 2011 Page 4 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement submitting quarterly PGI reports until all funds are expended. (See Item 10, Program Income.) c. Other Reports The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non - federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. b. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guide, the Common Rule, and OMB Circulars A -21, A -87, and A -110, or A -102 as applicable, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. 5. Payment Contingent on Appropriation and Available Funds The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds. 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding Advance funding shall be provided to a subgrant recipient upon a written request to the Department. 8. Trust Funds a. The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund may or may not be an interest bearing account. b. The account may earn interest, but any earned interest must be used for program purposes and expended before the subgrant end date. Any unexpended interest remaining at the end of the subgrant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 9. Travel and Training The cost of all travel shall be reimbursed according to the subgrant recipient's written travel policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be reimbursed according to § 112.061, Fla. Stat. SFY 2011 Page 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed. after such closeout. h. The completed audit report or written notification of audit exemption should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 17. Performance of Agreement Provisions In the event of default, non - compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 18. Commencement of Project a. If a project is not operational within 60 days of the original start date of the award period, the subrecipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. b. if a project is not operational within 90 days of the original start date of the award period, the subrecipient must submit a second statement to the Department explaining the implementation delay. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re- obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written adjustment to this agreement. 19. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, SFY 2011 Page 6 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports The subgrant recipient shall submit for review and approval one copy of any curricula, training materials, or any other written materials that will be published, including web -based materials and web site content, through funds from this grant at least thirty (30) days prior to the targeted dissemination date. All materials publicizing or resulting from award activities shall contain the following statements: "This project was supported by Award No. [contact the Office of Criminal Justice Grants for award number] awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in this publication /program /exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice." 16. Audit a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program- specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A -133 and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of § 11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules. "; § 215.97, Fla. Stat. , "Florida Single Audit Act "; and Rules of the Auditor General, Chapter 10.550, "Local Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit and For - Profit Organizations." b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OMB Circular A -133 for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. SFY 2011 Page 5 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement made or received by the subgrant recipient or its contractor in conjunction with this agreement. c. The subgrant recipient will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative, who sign the Signature Page, have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source, ADP Justification and the Privacy Certification forms. The Project Director has authority to submit requests for approval of specific travel, and Performance Reports, with the exception of the Financial and Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him /her, the chief officer or elected official must submit to the Department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrant recipient or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of § 435, Fla. Stat. shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to § 435, Fla. Stat., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting SFY 2011 Page 8 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 20. Written Approval of Changes in this Approved Agreement a. Subgrant recipients must obtain prior approval from the Department for major substantive changes such as changes in project activities, target populations, service providers, implementation schedules, project director, and designs or research plans set forth in the approved agreement and for any budget changes that will transfer more than 10% of the total budget between budget categories. b. Subgrant recipients may transfer up to 10% of the total budget between current, approved budget categories without prior approval as long as the funds are transferred to an existing line item c. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements, or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the per`formarice of this agreen according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty -one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in § 120, Fla. Stat., and in procedures set forth in Rule 28- 106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under § 120, Fla. Stat. 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of § 119, Fla. Stat. , and SFY 2011 Page 7 • Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 -34); the Education Amendments of 1972 (20 U.S.C. § §1681, 1683, 1685 -86); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101 -07); and Department of Justice Non - Discrimination Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith - based and community organizations). b. A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more employees and it has received any single award of $25,000 or more from the Department of Justice. The plan must be prepared using the on -line short form at http:// www .ojp.usdoj.govlabout/ocr /eeop comply.htm, must be retained by the subgrant recipient or implementing agency, and must be available for review or audit. The organization must also submit an EEO Certification to FDLE. c. If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of $500,000 or more from the Department of Justice, it must submit its plan to the Department of Justice for approval. A copy of the Department of Justice approval letter must be submitted to FDLE. The approval letter expires two years from the date of the letter. d. A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than 50 employees or if it does not receive any single award of $25,000 or more from the Department of Justice or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FDLE. e. The subgrant recipient and implementing agency acknowledge that failure to comply with EEO Requirements within 60 days of the project start date may result in suspension or termination of funding, until such time as it is in compliance. • f. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 34. Americans with Disabilities Act Subgrant recipients must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101 -336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ( "INA "). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 36. National Environmental Policy Act (NEPA) a. The subgrant recipient agrees to assist FDLE in complying with the NEPA, the National Historic Preservation Act, and other related federal environmental impact analyses SFY 2011 Page 10 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency or employee. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects A Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment -Based Drug Court Programs." 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System The subgrant recipient agrees that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to be applicable. Should the Office of Justice Programs determine 28 C.F.R. Part 23 to be applicable, the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28 C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c) -(d). Recipient may not satisfy such a fine with federal funds. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of Justice Programs Financial Guide is required from all projects that are involved with confidential funds. The signed certification must be submitted at the time of grant application. 33. Equal Employment Opportunity (EEO) a. Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities. All subgrant recipients and implementing agencies must comply with any applicable statutorily - imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § SFY 2011 Page 9 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three -year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by 31 USC 1352. Any person who fails to file the required certification is subject to a civil penalty of not Tess than $10,000 and not more than $100,000 for each failure to file. c. As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR 69, the applicant certifies that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. Additional Restrictions on Lobbying Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the Office of Justice Programs. SFY 2011 Page 12 • Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement requirements in the use of subgrant funds by the subgrant recipient. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrant recipient or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100 -year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. (5) Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. b. The subgrant recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and /or an Environmental Impact Statement, as directed by the Bureau of Justice Assistance. The subgrant recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice, for programs relating to methamphetamine laboratory operations. c. or airy of uf bguBrtt rel;t(Jieltt s exlS tl ping. (dills ut dcilvliies that wiii be funded by these subgrants, the subgrant recipient, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with the Department of Justice in any preparation by Department of Justice of a national or program environmental assessment of that funded program or activity. 37. Non - Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Nonprocurement)" These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and implementing agency certify that they and their principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; SFY 2011 Page 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6 immediately above in order to ensure proper compliance; (8) Have in place and implement an inter - agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and (9) Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified personnel who can (i) • respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow -up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. 43. Limited English Proficiency (LEP) In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http: / /www.lep.gov. 44. The Coastal Barrier Resources Act The subgrant recipient will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97 -348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 45. Enhancement of Security If funds are used for enhancing security, the subgrant recipient agrees to: a. Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. b. Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 46. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrant recipient assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of SFY 2011 Page 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 41. "Pay — to — Stay" Funds from this award may not be used to operate a "pay -to- stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay -to- stay" programs. "Local jail," as referenced in this condition, means an adult facility or detention center owned and /or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay -to- stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrant recipient agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrant recipient understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, . .v I t u i:f..._. Iui.iv1 Ui 'y'.., vjj, a I tr . t. �. (.i i t�. Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrant recipient understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. (1) Provide medical screening of personnel assigned or to be assigned by the subgrant recipient to the seizure or closure if of clandestine methamphetamine laboratories; (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrant recipient to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated SFY 2011 Page 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 53. Privacy Certification The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 54. State Information Technology Point of Contact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http : / /www.it.ojp.gov /default.aspx ?area= policyAndPractice &paqe =1046. 55. Interstate Connectivity To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of Justice Assistance for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the subgrant recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 56. Supplanting The subgrant recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 57. Conflict of Interest The subgrant recipient and implementing agency will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 58. Uniform Relocation Assistance and Real Property Acquisitions Act The subgrant recipient will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which.govern the treatment of persons displaced as a result of federal and federally- assisted programs. 59. Limitations on Government Employees Financed by Federal Assistance The subgrant recipient will comply with requirements of 5 U.S.C. §§ 1501 -08 and §§ 7324 -28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. 60. Equal Treatment for Faith Based Organizations The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the SFY 2011 Page 16 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 47. Flood Disaster Protection Act The subgrant recipient will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93 -234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 48. National Historic Preservation Act It will assist the Department (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a -1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). 49. Omnibus Crime Control and Safe Streets Act The subgrant recipient will comply and assure the compliance of all contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as appropriate; the provisions of the current edition of the Office of Justice Program Financial and Administrative Guide for Grants; and all other applicable State and Federal laws, orders, circulars, or regulations. 50. Human Research Subjects Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 51. National Information Exchange Model specifications To support public safety and justice information sharing, the Office of Justice Programs requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this condition, visit http://www.niem.qov/implementationguide.php. 52. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by the Bureau of Justice Assistance. SFY 2011 Page 15 c..Lis111'1t A11v1N rut(tvl Recipient Name and Address: C; #3 c'F ( fe , ,,, es- iT r. pa„ -k Ave, r o,c,-kr R. 3 2/32, Grant Title: r 0]tc: , �, i�' ":� � �T Grant Number: .9. J � �D�• j llf,�,ward Amount: G,. ,2 7/ _ 00 t. Contact Person Name and Title: , 7 - I) - 136,1,11.i i Phone Number: (a' 4/21i „29o0 e ›.1 • , Federal regulations require recipients of financial assistance from the Office ofJustice Programs (OJP), its component agencies, and the Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R §§ 42.301 -.308. The regulations exempt some recipients from all of the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an ESOP, but they do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants, please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs, U.S. Department ofJustice, 810 7 Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307- 0690 or TTY (202) 307 -2027. Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please check all the boxes that apply. ❑ Recipient has less than 50 employees, ❑ Recipient is an Indian tribe, ❑ Recipient is a non - profit organization, ❑ Recipient is an educational institution, or ❑ Recipient is a medical institution, ❑ Recipient is receiving an award less than $25,000 I, [responsible official], certify that [recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R §42.302. I further certify that [recipient] will comply with applicable Federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Print or type Name and Title Signature Date Section B - Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an ESOP Is on File for Review. If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305): I, 031 C Z - - i /o illca5 [responsible official], certify that the C; /4-4, a F FAQ e,t f cr [recipient],which has 50 or more employees and is receiving single award or subaward for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR §42.301, et seq., subpart E. I further certify that the EEOP has been formulated and signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in the office o£ C; f . c, r Edt: t Pc' - `;E , �, ;mil '�; v r i G .- [organization], at /o ,A) - 1. i fir; Id, 1.:) - z � e: . Ed- we.... - 1 3 s 1 2. [address],for review by the public and employees or for review or audit by offic als of the rel- .nt sta : planning at - Icy or 1 : 6 ce for Civil Rights, Office of Justice Programs, U. S. Department ofJustice, as required o evant al • . . d r 1. ti' %ns, 7 z5-- (0 Print or type Name and Title 1 J YP Signat r • Date OMB Approval No. 1121 -0140 Expiration Date: 12/31/12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement "Equal Treatment Regulation "). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub - grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith based organizations may, in some circumstances, consider religion as a basis for employment. See http: / /www.ojp.gov /about/ocr /equal fbo.htm. 61. Certification for Employees Working Solely on a Single Federal Award Any project staff that are fully funded by the grant must certify that they worked solely on the grant. The certification must be prepared at least semi annually and must be signed by the employee and by a supervisory official having first hand knowledge of the work performed by the employee. 62. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct The subgrant recipient must promptly refer to the Florida Department of Law Enforcement, Office of Criminal Justice Grants any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds 63. Task Force Training Requirement The subgi ant ( ecipicni agrees that within 120 days of uvv u� , fui an law enloicement task {arse funded with these funds, the task force commander, agency executive, task force officers, and other task force members of equivalent rank, will complete required online (internet- based) task force training to be provided free of charge through BJA's Center for Task Force Integrity and Leadership. This training will address task force effectiveness as well as other key issues including privacy and civil liberties /rights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information will be provided by BJA regarding the required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). SFY 2011 Page 17 • Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct x s , . -,4 ' r rte-• -, s - It In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and years # out below. O. 1 q � , i L Corrections on this page, including Strikeovers, s t' whiteout, etc. are not acceptable. is k :f.,.,._. Pr „ : ? R t - a ry ` � Stat o to _ ® 't R : �,d F a n h W � g ^ r ^ � 3 . "I'' P" ? 'h F��, ` '}• 4' ��S k 4 f l � $ � � yy . . 9� '�• „ ��, ek i1 - .a t of Enforcemeh 4 t- � -1 $ r , � 4 t; !2 - notbwt iri' m- t Y.: 4.,, p I -°, , 'yfs o"J ; E` 2' "(YT - R i, _ '1,-. " @ 2 .` � k:.3 r r'�='� e� � x ra- 'ads � et�-'�T• �, � �. "�� I a - O Ice ofeM y I � as ust c e Grant S„ � dfiiF. f?" . ih ..i.' '•,3 Z :,.n4#t: �.,s '[ Signature: u.�l�t& Typed Name and Title: ilton He Willa, - nisi Date: /- //- 1 / r $a .,# , 'S� Jt ' re' x .'' ` 59�p y Y a � i' w g4 ° � . _. - flbg an � -, e � � 0 s �: g txr 7 R 4 �t .. ® Q I CIa O OVe 1l al I `i ` ' '� a r � � ,. Co mtii s ,o,:' € a r Mayo }o , d R resentat v - Typed Na o Ref !pi:. ‘�' t. of rJ3e..1,— Cr ,/ Signature - Typed Name and Title: j /�t4,I.. 45 PIck j U, G, - f l - OF FJ e�L , cif -Cr' Date: / 1 � 23-(0 �;�� -. :t't 4 �°c�r s� a sz �? 5 "a''w$'��W" � m "'�;t x°'94'"` ... � P ,: e ^ . :' 4 °"fa i c '� ,.: - ,�''7� 1 le a tl t �7 C.93? k V� -i-14 %r�'d O a d Ines ratorx or Des • nat � i ,p -, A., f ' '�' � -� a�.e. i.�� , +`Y s 0 1.A., 3* , 3 vc ni••., t,, era , J tYS - , a .Y. -.1 ..4-,.. ..i..:,...:_. r 4 %. >_ - ,, S.. 1. '4-• 4, Y.3t � ,., h / ,,,,t.i , ..... f f .v... AWk ` to r` Typed Name of 'mole nting A•ency: - _ t,..a.'t r 0 01 , ' c • , , � Signature: j O L Typed Name and Title: Co- ge / yr'e a�ti OF P o / j am G `------ Date: I 7 1 d Application Ref # 2011 -JAGD -1063 Section #6 Page 1 of 1 Contract - JAGD -VOLU- - - Rule Reference 11D -9.006 OCJG -005 (rev. April 2005) AGENDA REQUEST Date: February 24, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT 311111 BUSINESS ITEM DESCRIPTION Authorization for East Volusia Mosquito Control District to make low level aerial inspection and spray flights. BACKGROUND East Volusia Mosquito Control District annually requests cities to approve low level inspection and spray flights under 500 -foot altitudes with its helicopters over congested portions of incorporated municipalities and unincorporated portions of Volusia County. The letter of request dated February 22, 2011 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 to execute the document. FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NUMBER: Respectfully Submitted By: Concurrence: Trace % . Barlow Robin Matusick Cit anager Paralegal CITY OF EDGEWATER RECEIVED FEB 24 20'6 Volusia County FLORIDA CITY CLERK Public Works Department Mosquito Control Division February 22, 2011 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 Volusia 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 Volusia 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 including fixed -wing contract 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. We are 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 Smyrna Beach, Florida 32168 -5864 Tel: (386) 424 -2920 W Fax: (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 April 5, 2011. If there are any questions you may wish to discuss, please call me at (386) 424 -2920. Sincerely yours, J Jo Gamble Interim Director JG/km 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 2011 through March 31, 2012. Signed: Date: Name (Typed) : Title: City /Town: State: Zip Code: AGENDA REQUEST C.A. #AN -1002 Date: February 24, 2011 PUBLIC HEARING March 7, 2011 RESOLUTION ORDINANCE March 7, 2011 BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 1 Reading Ordinance No. 2011 -0 02 The American Legion, Edgewater Post #285 requesting annexation of 1.36± acres of property located at 4497 S. U.S. Highway 1. OWNER: The American Legion, Edgewater Post #285 APPLICANT /AGENT: Wallace Ferreira REQUESTED ACTION: Annexation PROPOSED USE: Lodge LOCATION: 4497 S. U.S. Highway 1 (northeast corner of U.S. 1 and William St.) AREA: 1.36± acres CURRENT LAND USE: Vacant retail /warehouse building (formerly Play Two Marine) FLUM DESIGNATION: Volusia County Urban Low Intensity ZONING DISTRICT: Volusia County B4 -W (General Commercial) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Volusia County Volusia County Urban Volusia County B -4W Vacant Commercial Low Intensity East Volusia County Volusia County Urban Volusia County R-3W Vacant Commercial Low Intensity South Volusia County Volusia County Urban Volusia County B -4W Commercial Low Intensity West Vacant/Undeveloped / Low Density Residential w/ RPUD (Residential Planned Unit Residential Planned Conservation Overlay Development) Unit Development Background: The property is located east of U.S. Highway 1 and north of William St. The applicant is seeking annexation as well as an amendment to the City's Future Land Use and Zoning Maps to include this 1.36± acre parcel. Land Use Compatibility: The proposed Commercial Future 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 is currently served with City water through the Volusia County wholesale agreement. Other Matters: The applicant is concurrently seeking an amendment to the Future Land Use and Zoning Maps to include this 1.36± acre parcel. At their regular meeting held on February 9, 2011, the Planning and Zoning Board voted 7 -0 to send a favorable recommendation to City Council to annex the 1.36± acres of property located at 4497 S. U.S. Highway 1. STAFF RECOMMENDATION Staff recommends approval of Ordinance 2011 -0 -02, annexation of 1.36± acres of property located at 4497 S. U.S. Highway 1. ACTION REQUESTED: Motion to approve Ordinance 2011 -0 -02. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM # Respectfully su i itted, Concurrence: Darr- Lear I Robin L. Matusick Development Services Director Paralegal race, T. arlow Cit, anager ORDINANCE NO. 2011-0-02 AN ORDINANCE ANNEXING 1.36 ACRES OF CERTAIN REAL PROPERTY LOCATED AT 4497 SOUTH US HIGHWAY NO. 1, VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE CITY OF EDGEWATER 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. Wallace Ferreira has applied on behalf of The American Legion, Edgewater Post #285, Inc., owners for annexation of property located at 4497 South US Highway No. 1, within Volusia County, Florida. Subject property contains approximately 1.36 + acres. 2. The owners /applicants have voluntarily petitioned (applied) the City of Edgewater 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 Voting District 4 of the City of Edgewater are hereby designated to include the property described herein. 5. During the Planning and Zoning Board meeting on February 9, 2011, the Board recommended by a vote of 7 to 0 that the property be annexed into the City of Edgewater. 1 Strike-through passages are deleted. Underlined passages are added. #2011 -0 -02 NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEWATER, 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 of the City of Edgewater are hereby redefined to include the property described herein and depicted in the map identified as Exhibit "B ". 3. Pursuant to Section 2.01 of the Charter of the City of Edgewater, Florida, that certain document entitled "Description of City of Edgewater Corporate Limits" shall be amended accordingly. 4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia County Manager, the Mapping Division of the Volusia 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. 2 Strike through passages are deleted. Underlined passages are added. #2011 -0 -02 PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. 3 Strike through passages are deleted. Underlined passages are added. #2011 -0 -02 PART F. ADOPTION. After Motion to approve by with Second by , the vote on the first reading of this ordinance held on March 7, 2011, was as follows: AYE NAY Mayor Mike Thomas Councilman Justin A. Kennedy Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Ted Cooper After Motion to approve by with Second by , the vote on the second reading /public hearing of this ordinance held on April 4, 2011, was as follows: AYE NAY Mayor Mike Thomas Councilman Justin A. Kennedy Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Ted Cooper 4 Strike through passages are deleted. Underlined passages are added. #2011 -0 -02 PASSED AND DULY ADOPTED this 4th day of April, 2011. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 4th day of legality by: Carolyn S. Ansay, Esquire April, 2011 under Agenda Item No. 8 . City Attorney Doran, Sims,Wolfe, Ansay, Kundid & Birch 5 Strike through passages are deleted. Underlined passages are added. #2011 -0 -02 EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of Volusia and State of Florida. PARCEL #1: Lots 2 and 4, Block 1, Water Front Park, According to the map or plat thereof as recorded in Plat Book 11, Page 251, Public Records of Volusia County, Florida and sometimes also described as Lots 2 and 4, Block 1, Water Front Revision, according to the map thereof as recorded in Map Book 23, Page 136, Public Records of Volusia County, Florida. Containing 1.36 + acres more or less. 6 Strike passages are deleted. Underlined passages are added. #2011 -0 -02 c - , < - 3 k U U < V) 0 ji s...__, 4 * 00 i llw Wo 0 ■ \ ‘i ° kVA' ° 1 ° # . 0: 4 %* , * l e S f& 0 A 011 i. 0 i . ► lot • t �� fe r! ��j ! � , VII0 V * ■ 4 i 0 . G AR ■ � i , �_,� , ` i i� - 11111101 4:4 -.1. -- ..w - .3 ) v o v ,, . k,ksli'-.1 w , ti*„.:*. s • ye-, -* p_.:, ipi *Ili -- 10.$ 1 . 11 11 ‘. *4 ' 4► 1� y �� 14. , ., y am O • 4 r , .; \• 1 , \ -1*, _ ...\411%.:LvA. ■ __________ -pi ,A, 111ft 1/4N , Aj � VS* .. --- II ‘115° ). -�. 1 _.S14AQY -Q�, --L S - -f . )\ ‘,...._ ..: r 1 - P ..... , __ ..... ___ __ AGENDA REQUEST C.A. #CPA -1005 Date: February 24, 2011 PUBLIC HEARING March 7, 2011 RESOLUTION ORDINANCE March 7, 2011 BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 1 Reading Ordinance No. 2011 -0 -03 The American Legion, Edgewater Post #285 requesting an amendment to the Comprehensive Plan Future Land Use Map to include 1.36± acres of property located at 4497 S. U.S. Highway 1 as Commercial. OWNER: The American Legion, Edgewater Post #285 APPLICANT /AGENT: Wallace Ferreira REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property as Commercial. PROPOSED USE: Lodge LOCATION: 4497 S. U.S. Highway 1 (northeast corner of U.S. 1 and William St.) AREA: 1.36± acres CURRENT LAND USE: Vacant retail /warehouse building (formerly Play Two Marine) FLUM DESIGNATION: Volusia County Urban Low Intensity ZONING DISTRICT: Volusia County B4 -W (General Commercial) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Volusia County Volusia County Urban Volusia County B -4W Vacant Commercial Low Intensity East Volusia County Volusia County Urban Volusia County R -3W Vacant Commercial Low Intensity South Volusia County Volusia County Urban Volusia County B -4W Commercial Low Intensity West Vacant/Undeveloped / Low Density Residential w/ RPUD (Residential Planned Unit Residential Planned Conservation Overlay Development) Unit Development Background: The property is located east of U.S. Highway 1 and north of William St. The applicant is seeking annexation as well as an amendment to the City's Future Land Use and Zoning Maps to include this 1.36± acre parcel. Land Use Compatibility: The proposed Commercial Future 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 is currently served with City water through the Volusia County wholesale agreement. Comprehensive Plan Consistency Volusia County - Urban Low Intensity (ULI) Areas for low density residential dwelling units with a range of two - tenths (0.2) to four (4) dwelling units per acre. In reviewing rezoning requests, the specific density will depend on locational factors, particularly compatibility with adjacent uses and availability of public facilities. This residential designation is generally characterized by single family type housing, e.g., single family detached and attached, cluster and zero lot line. This designation will allow existing agricultural zoning and uses to continue. The ULI designation is primarily a residential designation but may also allow neighborhood convenience uses (see Shopping Center definition in Chapter 20) and individual office buildings as transitional uses that meet the Comprehensive Plan's location criteria. The commercial intensity shall be limited to no more than a fifty percent Floor Area Ratio (0.50 FAR) and in a manner to be compatible with the allowable residential density. In order to be considered compatible, the commercial development should be oriented to serve adjacent neighborhoods, reflect comparable traffic generation, similar traffic patterns, building scale, landscaping and open space and buffers. Due to the nature of some of the commercial uses, additional landscaping and visual screening shall be provided through the BPUD process when adjacent to low density residential in order to preserve the character of the neighborhood. More intensive neighborhood commercial use shall be reserved to areas designated for Commercial. All requests for nonresidential uses within one - quarter ( mile of another jurisdiction shall require notification to that jurisdiction. City of Edgewater - 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 (FAR) 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 and an amendment to the Zoning Map to include this 1.36± acre parcel. At their regular meeting held on February 9, 2011, the Planning and Zoning Board voted 7 -0 to send a favorable recommendation to City Council for the amendment to the Comprehensive Plan Future Land Use Map to include 1.36± acres as Commercial for property located at 4497 S. U.S. Highway 1. STAFF RECOMMENDATION Staff recommends approval of Ordinance 2011 -0 -03, an amendment to the Comprehensive Plan Future Land Use Map to include 1.36± acres as Commercial for property located at 4497 S. U.S. Highway 1. ACTION REQUESTED: Motion to approve Ordinance 2011-0-03. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM # Respec4lly submi d, Concurrence: ! ✓ Darren ear Robin L. Matusick Development S Y ices Director Paralegal racey T arlow City M ager ORDINANCE NO. 2011 -0 -03 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2003 -0 -04 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY URBAN LOW INTENSITY TO CITY COMMERCIAL FOR 1.36 ACRES OF PROPERTY LOCATED AT 4497 SOUTH US HIGHWAY NO. 1, 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. Wallace Ferreira has applied on behalf of The American Legion, Edgewater Post #285, Inc., owner for annexation of property located at 4497 South US Highway No. 1, within Volusia County, Florida. Subject property contains approximately 1.36 + acres. 2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the owner /applicant is requesting a Comprehensive Plan Amendment for the subject property. The requested Amendment would change the Future Land Use Map designation from County Urban Low Intensity to City Commercial for the property described herein. 3. On February 9, 2011, 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 7 to 0, recommended that the City Council approve the request. 1 Strike through passages are deleted. Underlined passages are added. #2011 -0 -03 4. 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. 5. On March 7, 2011, the City Council considered on first reading the proposed change in the Future Land Use Map designation. 6. Pursuant to Section 163.3187(1)(c), Florida Statutes, on , 2011, 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, , 2011. 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 of the City of Edgewater, Florida regulating and restricting the use of lands 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). 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 Objective 1.8 of the Future Land Use element states 2 St.-ik gh passages are deleted. Underlined passages are added. #2011 -0 -03 "The City shall pursue a policy of annexation, which will provide for the most efficient use of public facilities and services, eliminate areas of jurisdictional problems, and provide for sound growth and development of the City and surrounding area." 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 of the Future Land Use Element of the 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 thereof in 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. PART G. EFFECTIVE DATE. That this ordinance shall become effective upon its final adoption. 3 Strike through passages are deleted. Underlined passages are added. #2011 -0 -03 PART H. ADOPTION. After Motion to approve by with Second by , the vote on the first reading of this ordinance held on March 7, 2011, was as follows: AYE NAY Mayor Mike Thomas Councilman Justin A. Kennedy Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Ted Cooper After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on , 2011, was as follows: AYE NAY Mayor Mike Thomas Councilman Justin A. Kennedy Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Ted Cooper 4 Strip passages are deleted. Underlined passages are added. #2011 -0 -03 PASSED AND DULY ADOPTED this day of , 2011. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this legality by: Carolyn S. Ansay, Esquire day of , 2011 under Agenda City Attorney Item No. 8 Doran, Sims,Wolfe, Ansay & Kundid 5 Strike through passages are deleted. Underlined passages are added. #2011 -0 -03 EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of Volusia and State of Florida. PARCEL #1: Lots 2 and 4, Block 1, Water Front Park, According to the map or plat thereof as recorded in Plat Book 11, Page 251, Public Records of Volusia County, Florida and sometimes also described as Lots 2 and 4, Block 1, Water Front Revision, according to the map thereof as recorded in Map Book 23, Page 136, Public Records of Volusia County, Florida. Containing 1.36 + acres more or less. 6 Strike -hough passages are deleted. Underlined passages are added. #2011 -0 -03 — 8 t ::-' '; g cr (., — .., _ . :., < v II .1 ........ /__--- 0 • 0 • •,;, 1 0 • sist,°' * • 0 ° VA ■11 - 11 l a 0010 1 41 7 °_, 11 01 w 4 6 . : A ---- ---- Irda 'OPP Via WOO • o W ot0 ol ■ tiA IA __ -1:-__- Wir■ 0 1=‘■ • IS 4 1 V o ta VA i • k ice 0 a 0 s .. 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Nr:°:ilit"' ' 0*Ie'\ OA T4+ -14\ \ # fl ■ , 015* % \ wirj- tii 1-040 1 Ilh wcs, 17 Ci. co o 0 •�1�VEG \ * vr.tt a It 111144%../%101114 Kalil-al a I) G' I G � • � � A � ,� ► . •°,-*..*Ifts ♦ tit • 0 . ..w.• 0 • s..... .,.• .91,■ .., ...„, • . oa ...PA •`-A .?..„,,,, Illii.,..1 \ ° * -'4* VA ■7A 4 .--_--.. \--,11 " 1>s. i \\ t a ii4•414-... 3,4A l'it't ..0 1■4 7 10 .1 10%- 11.4 v... 71 j am • � -\\-. 0 l'Avigg'#t• AGENDA REQUEST C.A. #RZ -1002 Date: February 24, 2011 PUBLIC HEARING March 7, 2011 RESOLUTION ORDINANCE March 7, 2011 BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 1 Reading Ordinance No. 2011 -0 -04 The American Legion, Edgewater Post #285 requesting an amendment to the Official Zoning Map to include 1.36+ acres of property located at 4497 S. U.S. Highway 1 as B -3 (Highway Commercial). OWNER: The American Legion, Edgewater Post #285 APPLICANT /AGENT: Wallace Ferreira REQUESTED ACTION: Amendment to the Official Zoning Map to include property as B -3 (Highway Commercial). PROPOSED USE: Lodge LOCATION: 4497 S. U.S. Highway 1 (northeast corner of U.S. 1 and William St.) AREA: 1.36± acres CURRENT LAND USE: Vacant retail /warehouse building (formerly Play Two Marine) FLUM DESIGNATION: Volusia County Urban Low Intensity ZONING DISTRICT: Volusia County B4 -W (General Commercial) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Volusia County Volusia County Urban Volusia County B -4W Vacant Commercial Low Intensity East Volusia County Volusia County Urban Volusia County R -3W Vacant Commercial Low Intensity South Volusia County Volusia County Urban Volusia County B -4W Commercial Low Intensity West Vacant/Undeveloped / Low Density Residential w/ RPUD (Residential Planned Unit Residential Planned Conservation Overlay Development) Unit Development Background: The property is located east of U.S. Highway 1 and north of William St. The applicant is seeking annexation as well as an amendment to the City's Future Land Use and Zoning Maps to include this 1.36± acre parcel. Land Use Compatibility: The proposed Commercial Future 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 is currently served with City water through the Volusia County wholesale agreement. Other Matters: The applicant is concurrently seeking annexation and an amendment to the Future Land Use Map to include this 1.36± acre parcel. At their regular meeting held on February 9, 2011, the Planning and Zoning Board voted 7 -0 to send a favorable recommendation to City Council for the amendment to the Official Zoning Map to include 1.36± acres as B -3 (Highway Commercial) for property located at 4497 S. U.S. Highway 1. STAFF RECOMMENDATION Staff recommends approval of Ordinance 2011 -0 -04, an amendment to the Official Zoning Map to include 1.36± acres as B -3 (Highway Commercial) for property located at 4497 S. U.S. Highway 1. ACTION REQUESTED: Motion to approve Ordinance 2011 -0 -04. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM # Respectfully subm ted, Concurrence: i Darre Lear Robin L. Matusick Development S -rvices Director Parale al , .� racey . arlow City : nager ORDINANCE NO. 2011-0-04 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY B -4W (GENERAL COMMERCIAL) TO CITY B -3 (HIGHWAY COMMERCIAL) FOR 1.36+ ACRES OF PROPERTY LOCATED AT 4497 SOUTH US HIGHWAY NO. 1, EDGEWATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; 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. Wallace Ferreira has applied on behalf of The American Legion, Edgewater Post #285, Inc., owners for annexation of property located at 4497 South US Highway No. 1, within Volusia County, Florida. Subject property contains approximately 1.36 + acres. 2. The owners /applicant has submitted an application for a change in zoning classification from County B -4W (General Commercial) to City B -3 (Highway Commercial) for the property described herein. 3. On February 9, 2011, the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification and by a vote of 7 - 0, the Board recommended that City Council consider approval of the request. 4. On March 7, 2011, 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 February 24, 2011. 5. On , 2011, the City Council held a public hearing on the application after publishing notice of such hearing in the Observer on , and notifying by mail all property owners who own real property Struck through passages are deleted. Underlined passages are added. 2011 -0 -04 1 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 -4W (General Commercial) to City B -3 (Highway Commercial). The following described real property all lying and being in the County of Volusia and State of Florida. PARCEL #1: Lots 2 and 4, Block 1, Water Front Park, According to the map or plat thereof as Strut k- through passages are deleted. Underlined passages are added. 2011 -0 -04 2 recorded in Plat Book 11, Page 251, Public Records of Volusia County, Florida and sometimes also described as Lots 2 and 4, Block 1, Water Front Revision, according to the map thereof as recorded in Map Book 23, Page 136, Public Records of Volusia County, Florida. Containing 1.36 + 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 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 Volusia County, Florida. Struck through passages are deleted. Underlined passages are added. 2011 -0 -04 3 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 7, 2011, was as follows: AYE NAY Mayor Mike Thomas Councilman Justin A. Kennedy Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Ted Cooper After Motion to approve by with Second by , the vote on the second reading /public hearing of this ordinance held on , 2011, was as follows: AYE NAY Mayor Mike Thomas Councilman Justin A. Kennedy Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Ted Cooper StfuelE-thfaugh passages are deleted. Underlined passages are added. 2011 -0 -04 4 PASSED AND DULY ADOPTED this day of , 2011. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day legality by: Carolyn S. Ansay, Esquire of , 2011 under Agenda Item No. City Attorney 8 . Doran, Sims,Wolfe, Ansay & Kundid Struck through passages are deleted. Underlined passages are added. 2011 -0 -04 5 c ' ew c L L U v D 4. N �.- Q 0 ' t 1 1 \ ri 1 . ° -ji •-......, , 4" * fl # .% '6 \ 1P 0 0 WO 00 ill 10 0 TA ■/ ■ *4t WI ° 0 1 02V ‘ rk • ° . ° WG It‘w *14, % 0 \ ir,14, id, 0.3, . o vit s 0 i P ‘0 ., , i Il $11111k vit .. v . O T e ,1114# 1 rS ' 1 � � � : !fit � � � � ��;i � G i ,... itt f,...,„,,p,..,...t-o- Ilia ,, _i /L . � it ****Ylee r oi r. 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WA; \I li # .-. • - 0 -4 _ -_ INN l i r 1, 111\ 4,( , a c jek 00 NINV4 If-IV 1,* • s : 1" V■70 ' ‘ I TI4 - t 1 ' I** ' 0 1 - - CA WIPP" 1 "stlir•-_. •" ii : s r 3 ■■ • 0 V fr. la . —01._ It 41 & ; 1 ' 1 \ IP * / : . 1■1 1.1 \ .„, 11 1 1,. , 4 NIIII1, I 'I % 9° -Iall 6 \ v ' Alc\ 1111 os.'1,,,, t ■ * : eiii.4) - 00 INA 10 ... 0 0 V r!,,IiS vic \ ___-\-' wr ,,,, 4111)y 4 0:4 W‘744111 S * 11111t*Iii ‘ (‘ A Ir i a 0 011 -A 1 010i ‘11 ....... _, _ IP .7)1> 1 1 .. $ $ ; 0 .1 * ‘ A • V 1 1 - 4 # Ves *; ‘ 1?,11WA ■•.- 1.1.r—I-11---': 0 ■4 •--A 0 , r , , \\O 0 440. • ,,„ •• \ • •f..„„ lo ..,_• it PI • ii.-° . - -ta 4.104.•• 10 rad" 0 ;ii44 *11, -..--- • 001 4 01 • ■Viix i . - A. voliaa W VP 0 - I r \ A i _., Zi* 1 ________ ,___ As cl-\\ AGENDA REQUEST #2011 -016 Date: February 24, 2011 PUBLIC HEARING RESOLUTION March 7, 2011 ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: Resolution #2011 -R -03 Resolution for School Scholarship Program BACKGROUND: During the February 7, 2011 meeting Councilman Kennedy had presented a draft resolution for the establishment of a School Scholarship Program. He received positive feedback from the City Council and attending residents and was requested to proceed with the program. This Resolution will establish a School Scholarship Program to encourage higher education for graduating high school students as well as provide additional funds to local schools. The program will also address one of the goals identified in the Comprehensive Economic Development Strategy Plan that had found the City of Edgewater is below neighboring cities and the county average in regards to bachelor and advanced degrees. The funding will derive from various sources of donations. The establishing regulation of the School Scholarship Program will allow utility customers to elect a self - determined donation per month to be assessed on their utility bills. STAFF RECOMMENDATION: Staff recommends approval of the program. ACTION REQUESTED: Request motion to approve Resolution #2011 -R -03 that will establish a School Scholarship Program. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: N/A AGENDA ITEM # Respectfully submitted, Concurrence: race . : ar ow Robin L. Matusick City anager Paralegal RESOLUTION NO. 2011-R-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ESTABLISHING A SCHOOL SCHOLARSHIP PROGRAM FOR HIGH SCHOOL STUDENTS FROM THE CITY OF EDGEWATER; PROVIDE ASSISTANCE TO LOCAL SCHOOLS; CREATING A FUNDING SOURCE FOR SCHOLARSHIPS, A SCHOLARSHIP COMMITTEE AND ESTABLISHING MINIMUM REQUIREMENTS FOR THE SELECTION OF SCHOLARSHIP RECIPIENTS; PROVIDING FOR CONFLICTING PROVISIONS, AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the City of Edgewater, Florida has made a strong commitment to provide educational opportunities to the youth of the City of Edgewater; and WHEREAS, the City's commitment to enhancing education is demonstrated by the support of its residents and businesses within the city; and WHEREAS, the recently completed Comprehensive Economic Development Study has found that the City of Edgewater is below neighboring cities and the county average in regards to bachelor and advanced degrees; WHEREAS, it is the City's commitment to increase the number of graduating high school students that enroll in education beyond their high school years; and WHEREAS, it is the City's commitment to help support local schools. NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida: Section 1. Purpose of School Scholarship Program. The purpose of the School Scholarship Program is to promote additional education beyond high school graduation. The program is designated to create educational opportunities for students residing in the City of Edgewater to encourage them to pursue college after graduating from high school and to assist local schools with enhanced educational opportunities. 2011 -R -03 1 Section 2. Creation of Scholarship Program. The City Council hereby authorizes the creation of a School Scholarship Program. Scholarships shall be awarded to graduating high school students on an annual basis. All recipients must be a resident of the City of Edgewater and graduating from a public or accredited private school in Volusia County. Twenty five percent (25 %) of funds exceeding fifteen thousand dollars ($15,000.00) annually shall be equally divided among the public and accredited private schools serving students from the City of Edgewater in grants for educational purposes to be determined by the Principal and approved by the committee. Section 3. Funding. The Scholarships shall be funded from donations solicited through the monthly utility bills and any additional donations received as being allocated for the Scholarship Program. The City shall pay the scholarship funds directly to the recipient's choice of college or university or Volusia County School Board and said funds shall be dedicated for the eligible elementary schools within the City of Edgewater. The City Manager or designee is authorized to create a fund in order to collect and appropriate funds for the Scholarship Program. Section 4. Scholarship Committee. The City hereby creates a Scholarship Committee to select scholarship recipients. The Scholarship Committee is required to hold a minimum of two (2) meetings annually. The Scholarship Committee will consist of five (5) voting members and various non - voting liaisons from the schools. The committee members will be governed by the provisions of the Bylaws. The Scholarship Committee shall consist of the following: Voting Members: (a) City Council member (b) Southeast Volusia Chamber of Commerce representative 2011 -R -03 2 (c) City of Edgewater Business Owner (d) City of Edgewater Resident (e) Educator from either New Smyrna Beach High School; New Smyrna Beach Middle School; Edgewater Public Elementary School; or Indian River Elementary School Non - Voting Liaisons: (a) New Smyrna Beach High School representative (b) New Smyrna Beach Middle School representative (c) Edgewater Elementary School representative (d) Indian River Elementary School representative (e) Daytona State College representative Section 5. Minimum Criteria. The Scholarship Committee shall establish criteria to select graduating high school scholarship recipients in addition to the following minimum criteria: (a) Applicants must be a resident of the City of Edgewater; and (b) Applicants must be enrolled in a public or an accredited private school within Volusia County; and (c) Applicants must have demonstrated twenty (20) hours of community service within a local community; and (d) Applicants shall write a 500 word essay to include their experience with the required community service hours and their future education goals and subsequent career plans. Section 6. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 7. This resolution shall take effect upon adoption. 2011 -R -03 3 After Motion to approve by with Second by , the vote on this resolution held on March 7, 2011, was as follows: AYE NAY Mayor Mike Thomas Councilman Justin A. Kennedy Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Ted Cooper PASSED AND DULY ADOPTED this 7th day of March, 2011. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater Florida. Approved as to form and legality by: at a meeting held on this 7th day of March, 2011 under Carolyn S. Ansay, Esquire Agenda Item No. 8 . City Attorney Doran, Sims,Wolfe, Ansay & Kundid 2011 -R -03 4 AGENDA REQUEST Date: February 23, 2011 PUBLIC HEARING RESOLUTION 03/07/11 ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION Resolution No. 2011 -R -04 Appointing members to the Scholarship Committee. BACKGROUND The establishment of the Scholarship program requires City Council create a Scholarship Committee. The Committee shall consist of five voting members which will include, a City Council member, a representative from the Southeast Volusia Chamber of Commerce, an Edgewater business owner, an Edgewater resident and an educator from either New Smyrna Beach High School, New Smyrna Beach Middle School, Edgewater Public Elementary School, or Indian River Elementary School. Non voting members from New Smyrna Beach High School, New Smyrna Beach Middle School, Edgewater Public Elementary School, Indian River Elementary School and Daytona State College will round out the Board. Terms for the Committee members shall be three years; however in order to guarantee continuity the initial appointment shall be as follows: two members shall be appointed for one year; two members shall be appointed for two years and one member shall be appointed for three years. RECOMMENDATION Staff recommends appointing Councilman Justin Kennedy to a three term; SEV Chamber of Commerce representative Trey Harshaw to a two year term; Edgewater business owner Vance Smith to a two year term; resident Mike Kelly to a one year term; and New Smyrna Beach Middle School Principal Joe Rawlings to a one year term. ACTION REQUESTED Motion to approve of Resolution No. 2011 -R -04 FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NUMBER: Respectfully Submitted By: Concurrence: 40 /.7 Bonnie Wenzel • . cey T arlow City Clerk City M. ager Robin Matusick Paralegal RESOLUTION NO. 2011 -R -04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; APPOINTING MEMBERS TO THE SCHOLARSHIP COMMITTEE; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater, Florida has made a commitment to provide educational opportunities to the youths of the City of Edgewater with the establishment a scholarship program; and WHEREAS, by the establishing of the scholarship program the City Council must create a scholarship committee; and WHEREAS, the scholarship committee will consist of five (5) voting members and various non - voting liaisons from the schools. NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida: Section 1. Establishes the voting member Scholarship Committee which consists of the following members: (a) City Council member [Justin Kennedy; three year term] (b) Southeast Volusia Chamber of Commerce representative [Trey Harshaw; initial term two years] (c) City of Edgewater Business Owner [Vance Smith; initial term two years] (d) City of Edgewater Resident [Mike Kelly; initial term one year] (e) Educator from either New Smyrna Beach High School; New Smyrna Beach Middle School; Edgewater Public Elementary School; or Indian River Elementary School [Joe Rawlings; initial term one year] 1 2011 -R -04 Section 2. Establishes the non - voting member Scholarship Committee which consists of the following members: (a) New Smyrna Beach High School representative (b) New Smyrna Beach Middle School representative (c) Edgewater Elementary School representative (d) Indian River Elementary School representative (e) Daytona State College representative Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. This resolution shall take effect upon adoption. After Motion by with Second by , the vote on this resolution was as follows: AYE NAY Mayor Michael Thomas Councilwoman Justin Kennedy Councilwoman Gigi Bennington Councilman Michael Ignasiak Councilman Ted Cooper 2 2011 -R -04 PASSED AND DULY ADOPTED this 7th day of March, 2011. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie A. Wenzel Michael Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form Edgewater at a meeting held on this 7th day and legality by: Carolyn S. Ansay, Esquire of March, 2011 under Agenda Item No. 8 City Attorney . Doran, Sims, Wolfe, Ansay & Kundid 3 2011 -R -04 AGENDA REQUEST Date: February 23, 2011 PUBLIC HEARING RESOLUTION 03/07/11 ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION Resolution No. 2011 -R -05 Establishment of By -Laws for the School Scholarship Committee (SCC). BACKGROUND Resolution 2011 -R -03 establishes a school scholarship program for high school students from the City of Edgewater. The Resolution also establishes a Scholarship Committee tasked with selecting scholarship recipients. The By -Laws establish a uniform set of procedures whereby the Committee carries out its functions. RECOMMENDATION Staff recommends approval of Resolution No. 2011 -R -05; establishing the By -Laws for the School Scholarship Committee. ACTION REQUESTED Motion to approve of Resolution No. 2011 -R -05 FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NUMBER: Respectfully Submitted By: Concurrence: ate Bonnie Wenzel . r racey T. a ow City Clerk City M nager C1 ro Robin Matusick Paralegal RESOLUTION NO. 2011 -R -05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; APPROVING THE SCHOOL SCHOLARSHIP COMMITTEE BY -LAWS; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater has made the following determinations: 1. Resolution 2011 - - established a School Scholarship Program for High School Students from the City of Edgewater; provides assistance to local public schools and creates a funding source for scholarships. 2. Resolution 2011 -R -03 provides for a School Scholarship Committee to select scholarship recipients and determines minimum criteria for selection. 3. The By -Laws set forth a minimum set of procedures whereby the School Scholarship Committee carries out its functions. 4. The By -Laws are attached hereto and incorporated herein as Exhibit "A ". NOW, THEREFORE, be it resolved by the City Council of Edgewater, Florida: Section 1. The City of Edgewater hereby approves the School Scholarship Committee By -Laws which are attached hereto and incorporated as Exhibit "A ". Section 2. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 3. This resolution shall take effect upon adoption. 2011 -R -05 1 After Motion to approve by with Second by , the vote on this resolution held on March 7, 2011, was as follows: AYE NAY Mayor Mike Thomas Councilman Justin A. Kennedy Councilwoman Gigi Bennington Councilman Michael Ignasiak Councilman Ted Cooper PASSED AND DULY ADOPTED this 7 day of March, 2011. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater Florida. Approved as to form and legality by: at a meeting held on this 7 day of March, 2011 under Carolyn S. Ansay, Esquire Agenda Item No. 8 City Attorney Doran, Sims,Wolfe, Ansay & Kundid 2011 -R -05 2 EXHIBIT "A" CITY OF EDGEWATER SCHOOL SCHOLARSHIP COMMITTEE BY -LAWS ARTICLE I: Official Name The official name of the Board shall be the School Scholarship Committee of the City of Edgewater, Florida, hereinafter referred to as "SSC ". ARTICLE II: Purpose and Intent The purpose and intent of these By -Laws is to set forth a uniform set of procedures whereby the City of Edgewater School Scholarship Committee may regulate the manner in which it elects officers, conducts meetings, and otherwise carries out its functions. The By -Laws are to serve as a guideline in handling all affairs pertaining to the Edgewater SSC. ARTICLE III: Membership A. Voting Members and Appointments 1. The SSC shall have five (5) voting members. Each member shall be appointed by City Council for a term of three (3) years and shall be subject to removal as set forth by Council. The terms of the appointment shall be staggered. 2. Voting Members shall consist of the following: i. City Council Member ii. Southeast Volusia Chamber of Commerce Representative iii. City of Edgewater Business Owner iv. City of Edgewater Resident v. Educator from either New Smyrna Beach High School; New Smyrna Beach Middle School; Edgewater Public Elementary School; or Indian River Elementary School 3. Non - Voting Liaisons shall consist of representatives from the following: i. New Smyrna Beach High School ii. New Smyrna Beach Middle School iii. Edgewater Public Elementary School iv. Indian River Elementary School v. Daytona State College 4. Due to the need to stagger terms to.guarantee continuity on the SSC, the initial appointments shall be as follows: Two (2) members shall be appointed for one (1) year, two (2) members shall be appointed for two (2) years, and one (1) member shall be appointed for three (3) years. SSC By -Laws 1 5. A quorum shall consist of three (3) members. All recommendations and actions of the Board shall require an affirmative vote of a majority of the members present. 6. Prior to appointment, prospective members (with the exception of City Council Member and Southeast Volusia Chamber of Commerce Representative) shall submit a City application, stating herein a brief synopsis of their education, experience and reason for their interest in serving on the SSC. 7. No member of the SSC shall receive compensation for their service, provided, however, that members may be reimbursed for out -of- pocket expenses as approved by the City. 8. The SSC shall provide a written recommendation to City Council for the appointment of a vacant seat or re- appointment of a Board member; all current applications shall accompany the request. B. Vacancies 1. During the term of appointment, should a member of the SSC no longer be eligible for appointment to the SSC, the member shall forfeit the office and it shall be deemed vacant. 2. If a SSC member is absent for two (2) consecutive regular meetings said member shall forfeit the office and it shall be deemed vacant. 3. City Council may remove any member of the SSC from office at any time. 4. Any vacancy occurring during the unexpired term of office of any member shall be filled by City Council. The vacancy shall be filled as soon as practical after it occurs. C. Voting Conflicts 1. No member of the SSC shall vote upon any matter which would inure to his or her special private gain or loss, or any principle by whom he or she is retained, or by any relative or business associate. 2. No member of the SSC shall appear for or represent any person in any matter before the SSC other than him or herself. No past member shall appear before the SSC except when representing him or herself for a period of twelve (12) calendar months after his or her service has ended. ARTICLE IV: Election of Officers A. Chairman 1. The Chairman shall serve as the presiding officer at all meetings of the SSC and appoint any committees that are deemed necessary. SSC By -Laws 2 2. The Chairman shall be elected by a majority of the voting membership at the first meeting of the calendar year and the term of office shall be one year. The Chairman shall be eligible for re- election. B. Vice - Chairman 1. The Vice - Chairman shall be elected by the SSC from among its regular members in the same manner as the Chairman and shall be eligible for re- election. 2. The Vice Chairman shall serve as acting Chairman in the absence of the Chairman and at such times shall have the same powers and duties of the Chairman. 3. In the event of death, resignation or removal from office of the Chairman, the Vice Chairman shall perform the various duties until such time the SSC shall elect a new Chairman and Vice Chairman. C. Other Presiding Officers The members of the SSC may select an additional member to preside over the meeting(s) in the absence of the Chairman and Vice Chairman. D. Board Coordinator 1. The board coordinator shall be provided by the City. 2. The board coordinator shall prepare and distribute agendas, correspondence and minutes and shall establish and maintain files to ensure they are properly kept. All recorded meeting media shall be provided to the City Clerk. 3. Any correspondence prepared by a member of the SSC shall be provided to the board coordinator for distribution to the SSC members. ARTICLE V: Meetings /Hearings A. Regular Meetings There shall be a minimum of two (2) regular meetings annually. (Dates /time to be considered by committee at first meeting) B. Special Meetings Special meetings or hearings of the SSC may be called by the Chairman. C. Requirements All meetings shall be open to the public, provide due public notice, follows Roberts Rules of Order and the Florida Sunshine Laws. SSC By -Laws 3 ARTICLE VI: Powers and Duties A. The SSC shall exercise the following powers and duties: 1. Establish criteria to select graduating high school scholarship recipients in addition to the following minimum criteria: i. Applicants must be a resident of the City of Edgewater. ii. Applicants must be enrolled in a public or an accredited private school within Volusia County; iii. Applicant must have demonstrated 20 -hours of community service within a local community; and iv. Applicants shall write a 500 -word essay to include their experience with the required community service hours and their future education goals and subsequent career plans. ARTICLE VII: Amendments The By -Laws may be amended at a regular or special meeting of the SSC, provided that an affirmative vote of the majority of the members present is obtained and approved by City Council. Adopted by the Board this day of , 2011 Chairman ATTEST: Bonnie Wenzel, CMC City Clerk SSC By -Laws 4 AGENDA REQUEST Date: February 23, 2011 PUBLIC HEARING RESOLUTION 03/07/11 ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION Resolution No. 2011 -R -06 Establishing a Redistricting Committee. BACKGROUND Per the City Charter within six months after the publication of the decennial census the City Council shall by Ordinance adjust the district boundaries as required to provide four districts as nearly equal in population as possible. In order to determine where the boundaries should be located it has been determined that a citizen committee be created to work with City Staff. Meetings will be conducted between the committee and the Development Services Director to determine the location of district lines. An Ordinance will be brought before Council adopting the new district boundaries. RECOMMENDATION Staff recommends approval of Resolution No. 2011 -R -06; establishing a Redistricting Committee. ACTION REQUESTED Motion to approve of Resolution No. 2011 -R -06 FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NUMBER: Respectfully Submitted By: Concurrence: Bonnie Wenzel • ' Trace . Barlow City Clerk Ci anager Robin Matusick Paralegal RESOLUTION NO. 2011-R-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; CREATING A REDISTRICTING COMMITTEE; PROVIDING FOR CONFLICTING PROVISIONS, AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the City of Edgewater wishes to create a Redistricting Committee, which is designed to bring together the public and private sectors in adjusting the district boundaries ; and WHEREAS, every ten years the US Census Bureau conducts the decennial census; and WHEREAS, per the City Charter within six months after the publication of the decennial census, the City Council shall by ordinance adjust the district boundaries as required to provide for four districts as nearly equal in population as possible. WHEREAS, the City Council has determined that it is in the best interest of the community to have residents work in concert with City staff to determine where the district boundaries should be located based on the US Census. NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida: Section 1. The City Council hereby acknowledges the need to create a Redistricting Committee. Section 2. Establishes the Redistricting Committee which consists of the following members of the community: Skip Lotos, Christine Power, Pat Card, Bruce Mann and Mike Raulerson. Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. This resolution shall take effect upon adoption. 2011 -R -06 1 After Motion to approve by with Second by , the vote on this resolution held on March 7, 2011, was as follows: AYE NAY Mayor Mike Thomas Councilman Justin A. Kennedy Councilwoman Gigi Bennington Councilman Michael Ignasiak Councilman Ted Cooper PASSED AND DULY ADOPTED this 7 day of March, 2011. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater Florida. Approved as to form and legality by: at a meeting held on this 7 day of March, 2011 under Carolyn S. Ansay, Esquire Agenda Item No. 8 . City Attorney Doran, Sims,Wolfe, Ansay & Kundid 2011 -R -06 2 AGENDA REQUEST Date: February 7, 2011 PUBLIC HEARING RESOLUTIONS ORDINANCE BOARD OTHER APPOINTMENT 3/7/11 CONSENT BUSINESS ITEM DESCRIPTION: Request for appointment to the Edgewater Library Board due to the resignation of Kathy Booth. BACKGROUND: Kathy Booth was appointed to the Library Board on November 18, 2002. She resigned from the Board in 2005 and was appointed to again serve on the Board on November 5, 2007, with her term to expire on April 3, 2009, due to filling the remaining term of Barbaradale Gilmore who had resigned. At her request she was reappointed to the Board for another three year term with her term to expire on April 3, 2012. Ms. Booth has submitted a letter of resignation that was effective on October 25, 2010. STAFF RECOMMENDATION: At the February 1, 2011 meeting of the Library Board, they unanimously voted to recommend the City Council appoint Louis E. Pfeiffer to fill the remaining term of Kathy Booth, which expires on April 3, 2012. ACTION REQUESTED: Motion to appoint Louis Pfeiffer to the Edgewater Library Board to fill the remaining term of Kathy Booth. FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, A Bloomer Library Board Board Coordinator :lb Attachment October 25, 2010 To the Edgewater Library Board and Deputy City Clerk, Due to a change in work hours, I am unable to meet my obligations to the Library Board. If an unscheduled meeting was called, I would be unable to attend. Therefore it is best for the Edgewater Library that I vacate my position immediately so that someone who has flexibility of time can take my place. I have enjoyed being associated with such a fine group of ladies, and being a part of a department within Government that has been managed so successfully and that gives such excellent value for tax payer dollars spent. Sincerely, Katherine L. Booth 2204 Tamarind Dr Edgewater FL 32141 CITY OF EDGEWATER RECEIVED 1 1 0 GFWATtI r OCT 2 0 2010 ADVISORY BOARD — VOLUNTEER APPLICATION CITY CLERK Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s) for which you wish to apply. If applying for more than one Board you must number in order of your preference. ANIMAL CONTROL CITIZEN CODE ENFORCEMENT* V LIBRARY POLICE PENSION* CONSTRUCTION REGULATION* RECREATION & CULTURAL SERVICES ECONOMIC DEVELOPMENT PLANNING & ZONING* FIREFIGHTERS PENSION* VETERANS PARK AVD. COMMITTEE Members of the Boards with an asterisk ( *) are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Name Amy L1 Address 3 3 03 k' eyc( C , & t)a R. 3214 1 Home Phone 3 - 40,2- 1 % O L Business /Cell Phone 7.S Occupation Tra /156, Are you a resident of Edgewater �S how long 1 /ear Is your principal place of employment in Edgewater ie .0 At the present time, do you serve on any other City Boards or Commissions if if yes, please list each Have yqu evej serv,gd on any Boards, � a encies or committees ��5 ` if yes, pleas , list eac / - [ ,4CA p1I C. C Din en' e na Exam (l * mi , ( 1 1 ✓esi y � � (yam J / (J REFERENCES — Please list three business and /or personal b; i( 7l® , 33 IE'oNcJ AL � r. E e ?et ; �L 32/41 .(Te(: 86 4239) 6' Name address and phone .J 1 Sy ,' & / 3o t2 Wary Palen t r. S ' a4e-r, FL3211 (re( 90 8-661 Name, addre s and phone . o. ni1.O. <CO &M)/ F1-32132 (7 L: 38 g 62 ) Na e, address and phone 1 I I' a a c EDUCATION High School College � ,V' / � Degree(s) /c5 *ex" of 1-4442.< , I �1(l1t -�>( Ci AL irf 12ri WORK EXPERIENCE EsePC u.i rate 4( n T , .01,teJ, r ' 9 f INTEREST /ACTIVITIES )/pd tat/4 , AACt r,-t,', -4; , v/r,(`p COMMUNITY INVOLVEMENT • , . g g ,� , g geg C��l'1l fl A4e rjecli rz rez' .► t l WHY DO YOU DESIRE TO SERVE ON THIS /THESE BOARD(S)? • / 4. J 44 • ' _' ryA 0 4 .i 7471 . &, loan .. lir l "V 1 L E/0 r &(' ce, r✓.M.? EXPERIENCE /QUALIFICATIONS RELAT r e,41910,k< O BOARD APPLYING G FOR !. (� ® anl`S -Q h2etiVS zc , , t( , Y a--p , , h -i In '�`n v4 ` Qr CAiel �'r a for 2- . r► ,I . ► / :/ ' � A resume or separate sheet ith additional information may be included with yo'.R' application. I understand the responsibilities associated with being a board member, and I have adequate time to serve if appointed. t / ic,2610 Applicant Signa fe Date Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386 - 424 -2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board 21I'w,c: APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMITTEES Name r . Ikb Address : Vi S S aver - +01 Home Phone `-f z 3usiness Phone eel U :13:3 - .5 (3 3 3 Occupation t & i;c c,� 'C� ctn es Are you a registered voter? / S Voting District 903 Are you a resident of Edgewater? YE 5 How long? 1 L7 y e c Is your principle place of employment in Edgewater? N If yes, how long Briefly state your interest in serving on a City board or committee: ecv State your Sc,k.e Me =t C.Au e��Yw�r� -1- ∎ec- � 30 V...c1K 6,\A& ,� le 5 T me..-\ 1 lone we vck C :Vk -Ec c, c - 40 cf.L\ wine 1 iv e P cc s - . Are you employed by the City? Wo Do you hold public office No At the present time, do you serve on any other Boards or committees? N c If so, list each: Have you served on any boards or committees? N If so, list each: BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER 3 ANIMAL CONTROL BOARD GENERAL EMPLOYEES PENSION BOARD CITIZEN CODE ENFORCEMENT BOARD a LIBRARY BOARD CONSTRUCTION REGULATION BOARD RECREATION & CULTURAL SERVICES ECONOMIC DEVELOPMENT BOARD PLANNING & ZONING BOARD FIREFIGHTERS PENSION BOARD POLICE PENSION BOARD VETERANS PARK AVD. COMMITTEE Signature C- i• Date P 7 /� 6 1 OFFICE USE ONLY Board Date of appointment Term CITY OF EDGEWATER RECEfVFD JUL. 01 209 CITY CLERK AGENDA REQUEST Date: March 7, 2011_ PUBLIC HEARING RESOLUTION ORDINANCE OTHER BOARD APPOINTMENT CONSENT BUSINESS X ITEM DESCRIPTION: Addendum #5 YMCA extension of time for expansion BACKGROUND: The City of Edgewater and the Volusia Flagler Family YMCA Inc. (YMCA) entered into an 30 year agreement with a contract review every 10 years on March 19, 2001 for the YMCA to manage the recreation facility, located at Hawks Park. Included in this agreement is a time frame for which the YMCA is to expand the recreational amenities at this facility. Staff is currently reviewing the agreement with YMCA representives and would like to extend the time frame to July 18, 2011, at said time of the 10 year contract review should be completed. STAFF RECOMMENDATION: Staff recommends that City Council approve addendum # 5 extending the time frame for expansion. ACTION REQUESTED: Motion for City Council to approve addendum # 5 extending the time frame for expansion and authorizing the City Manager sign the addendum. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) NO PREVIOUS AGENDA ITEM: YES NO DATE: AGENDA ITEM NO. Respectfully submitted, lk z (le -� 'Jack Corder Tracey arlow Department Director City anager ADDENDUM NUMBER 5 TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF EDGWATER AND YMCA By Agreement made and entered into this day of , 2011, by and between the CITY OF EDGEWATER, FLORIDA (hereinafter referred to as "CITY") and the VOLUSIA FLAGLER FAMILY YMCA INC. (hereinafter referred to as "YMCA "). WITNESSETH The CITY and YMCA mutually agree to amend that certain Agreement the CITY and YMCA made and entered into on March 19, 2001 and that certain Addendum No.4 made and entered into on January 25, 2010 as follows: 1) The YMCA wishes to amend the requirements contained in paragraph 2. Major Responsibilities of the YMCA subparagraph 1. Initial Investment regarding phased construction. Completion of all phases: L Heated swimming pool(s); II. (Child care facilities; and IIL (Expansion of recreational amenities (racquetball courts) were not to exceed March 2011 without an approval of an extension by City Council.) 2) In January 2010, the CITY and YMCA agreed to Amendment No. 4 which provided for a one (1) year extension, delaying the completion of Phase II — Child care facilities and Phase III — Expansion of recreational amenities (racquetball courts) until March, 2011. 3) Both parties hereby agree to extend the completion date of Phase II — Child care facilities and Phase III — Expansion of recreational amenities (racquetball courts) until July 18, 2011, at said time of the ten (10) year contract review. 4) The parties acknowledge that all other terms, provisions and conditions of the original Agreement are republished, ratified and reaffirmed by the parties hereto. IN WITNESS HEREOF the parties have made and executed this Addendum the day and year written above. WITNESSES: CITY OF EDGEWATER, FLORIDA By: Dated: WITNESSES: YMCA Teresa Rogers/President /CEO Dated: AGENDA REQUEST Date: February 23, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS March 7, 2011 ITEM DESCRIPTION: Authorization for Stormwater Pipe Lining in the Wildwood Subdivision by Miller Pipeline Corporation in an amount not to exceed $53,000. BACKGROUND: The Wildwood Subdivision was constructed in the early 1980's. The Stormwater system constructed included corrugated metal pipe to convey the stormwater from the streets to the ditches. Over the years, these pipes have deteriorated to the extent that repair or replacement is necessary to prevent collapse and blockage of the stormwater system. Four of these pipes are between homes and in some cases, have sheds, trees, etc. over the pipes making replacement nearly impossible without enormous disruption of resident's property. Lining these pipes from the inside will allow the pipe to become whole again and avert the disruption to the residents. Miller Pipeline Corporation has done numerous sewer lining projects for the City of Edgewater in the past. They were awarded a bid with the City of Largo to perform this work and have agreed to honor this pricing to the City of Edgewater. Attached is a breakdown of each pipe run and the estimated amount per the bid. Actual footages will be charged based on the per foot bid amount. The Stormwater Capital budget for this year had $125,000 allocated to this project. STAFF RECOMMENDATION: Authorization to piggyback the City of Largo bid and authorize the City Manager to approve the purchase order to have Miller Pipeline Corporation line four pipes in the Wildwood Subdivision in an amount not to exceed $53,000 and authorize the appropriate budget amendment. ACTION REQUESTED: A motion to authorize the City Manager to piggyback the City of Largo bid and approve the purchase order for Miller Pipeline Corporation in an amount not to exceed $53,000 and authorize the appropriate budget amendment. FINANCIAL IMPACT: (Finance Director) $53,000 (Line Item 449 - 5555 - 580.63 -10) (SPEIFY AMENDMENT IS REQUIRED) YES XX NO Jo McKinney, Finance Dire, for PREVIOUS AGENDA ITEM: YES NO XX If so, DATE: AGENDA ITEM # Respectfully submitted, Concurrence: : renda L. Dewees Robin L. Matusick Director of Environmental Services Paralegal 9I racey T. arlow City .nager Miller Pipeline Corp. January 18, 2011 Mr. Bobby Laramore P.O. Box 100 104 N. Riverside Drive Edgewater, Florida 32132 RE: Piggyback Contract with The City of Largo Trenchless Sanitary and Storm Sewer Rehabilitation Bid No. 10 -B -343 Pursuant to your request, please accept this letter as confirmation of our intentions to honor the unit pricing basis contained in the above referenced contract and to extend the same terms and conditions to your municipality should you decide to effectuate a piggyback of the referenced contract. If you have any questions or if I can be of any additional assistance please do not hesitate to contact me. Thank you for giving Miller Pipeline Corp. the opportunity to serve you. Sincerely e‘i/P1t4,__ Louis J. Woska Business Development Manager Municipal Services Division Miller Pipeline Corporation 727 Cheston Street • New Smyrna • Phone: 386 - 423 -6621 • Fax: 386 -423 -6627 4 11(t) Miller Pipeline Corp. City of Edgewater Stormwater Lining Assignment 2011 Lining Cleaning Price Per Price Per Location Diameter Length Foot Foot Total Cost Run 1 24" 125 $ 86.00 $ 10.45 $ 12,056.25 Run 2 30" 125 $ 108.00 $ 10.45 $ 14,806.00 Run 3 24" 125 $ 86.00 $ 10.45 $ 12,056.25 Run 4 24" 125 $ 86.00 $ 10.45 $ 12,056.25 I n,, ,f Total $ 50,974.75 1 1 727 Cheston Street • New Smyrna Beach, FL 32168 • Phone: 386- 423 -6621 • Fax: 386- 423 -6627 (, 0 0 0 ,-1 .1 0 0 0 o o v 0 N O N C o CO o CO c m o a m ,--1 ,-i Ln 1" 0 C 0 0 0 0 0 0 0 ,-1 v o° 0 0 0°° o N m m oo - 0 0 h. 1 0 0 0 0 0 u m co o Ln n Ol z Lris Q1 N tD i m ,-1 t0 v, ro C — 0 0 0° in 0 0 0 5 0 0 0 Ln N O O O E m O e-1 ^ N W O Q ,-1 e-1 ,-1 Ln N O 0000 Lrl O O O V1 Y N 0 O Ln N Q co Ln Ln 1N Up VI O N N e-I 'C Cr c-4 ,-1 N v) `� 0 0 0 0 0 0 0 0 2o (Doc) O O O O 00 ^ O cri hi ei , N O � m e-1 ,--1 ,--1 N 0 z 1 2 1 1 Z 0 0 0 0 0 -..1 r-.1 O Ln O O L l (11 O N v) Ln hi o N ,-..1 Ln Ln fel N 4 N Lr co' h; 6' LA a" L a m -' w 1 -.. U 1,... Ln +� `ti N O -Q = o 0 0 0 0 0 0 0 0 D O o0 4 . 1-1 •/- V Ln O O . p ,-, c-1 Ln 0 0 Q1 O 0 ° oo o o U L--1 . 0 0 ° n N CO 00 N in E r■I m Lri Lr O m ,1 , LO 1" c 0 0 0 0 0 0 0 0 O m Ql ,-1 N to LID O m cr Lfi N V lD ,-i O N co 0 o m Ln , --1 N 4 O 0 0 0 0 v O O in ,1 t0 Ln O N N N Lf1 N Ol . N m � O Q.. m , --I Ln D_ N L GJ — o O o O O o Ln O 0 0 0 0 Ln o r O • CC V L.E. N Lf1 00 O e-i N co Ql O e-1 4+ 4-J O O N O v O ro ----- (0 Y � u 0 D- u o 0 E a c O ✓ — E. °- - c E E fl- ,,..E E OE p_ .0. v o �+ N m L,rl Ln �' E Ln b 00 ro N N N Cr) .i e -i l m ._ . N 0 0 X CJ 0 X C • % La Ln Ln 1.5 p r-.. N Cr v F m 0 co H U .e 1- * * CITY OF LARGO CITY COMMISSION REGULAR MEETING October 5, 2010 Minutes COMMISSION PRESENT: Mayor Gerard, Commissioners Black, Murray, Hohnes, Amtzen, Crozier, Brown COMMISSION ABSENT: None PARTICIPATING STAFF PRESENT: City Mgr. Craig, City Attorney Zimmet, Asst. City Mgr. Schubert, City Clerk Bruner, Asst. Fire Chief Stefancic, Grant Administrator Waters, Economic Dev. Mgr. Brydon, Comm. Dev. Dir. Stricklin, Asst. Comm. Dev. Dir. Klute, City Engineer Dicus, Asst. City Attorney Hale Mayor Gerard called the Regular Meeting to order at 6:01 pm. Invocation was given by Reverend J. Arnold Johnson, Largo Police Chaplain, followed by the Pledge of Allegiance. AGENDA — APPROVED Approval of the Regular Commission Meeting agenda of October 5, 2010. Discussion: None Motion was made by Commissioner Holmes, seconded by Vice Mayor Brown, to approve the agenda for the Regular Meeting of October 5, 2010. Vote: Voting Aye: Commissioners Black, Murray, Holmes, Arntzen, Crozier, Brown, Mayor Gerard Motion carried 7 -0. MINUTES — APPROVED Approval of the Regular City Commission Meeting minutes of September 21, 2010 as on file in the City Clerk's Office. Discussion: None Motion was made by Commissioner Arntzen, seconded by Commissioner Holmes, to approve the minutes of the Regular Meeting of September 21, 2010. Vote: Voting Aye: Commissioners Black, Murray, Holmes, Arntzen, Crozier, Brown, Mayor Gerard Minutes October 5, 2010 Motion carried 7 -0. Approval of the Special City Commission Meeting minutes of September 22, 2010 as on file in the City Clerk's Office. Discussion: None Motion was made by Vice Mayor Brown, seconded by Commissioner Murray, to approve the minutes of the Special Meeting of September 22, 2010. Vote: Voting Aye: Commissioners Black, Murray, Holmes, Arntzen, Crozier, Brown, Mayor Gerard Motion carried 7 -0. CEREMONIAL FIRE PREVENTION WEEK PROCLAMATION AND RECOGNITION OF POSTER CONTEST WINNER For 88 years Fire Prevention Week has given Firefighters, safety organizations and educators the opportunity to teach the public about fire safety. It is also the perfect time to thank and honor the men and women who serve their communities as dedicated firefighters. The annual observance began as Fire Prevention Day on October 9, 1911 — the 40th Anniversary of the Great Chicago Fire of 1871. In 1922 it became a week -long celebration. The City of Largo and Largo Fire Rescue annually recognize this important public safety week with a Proclamation and a poster contest for fourth graders in the fire district. The winner of the poster contest will be recognized. The winning poster design will be on display beginning October 1, on a billboard located on the south side of Ulmerton Road just east of Belcher Road. ClearChannel Outdoor again reproduced the artwork and donated the billboard that will display the winning poster throughout the month of October. Assistant Chief Stefancic described the poster contest and introduced poster contest winner Kelly David. The Mayor and City Commission congratulated Ms. David. Ms. Bruner read the Proclamation aloud and Assistant Chief Stefancic thanked the City Commission for their support. CITIZEN COMMENT 1. Richard Hagan stated his concern that residents were being misinformed and misled. He questioned the easements, water quality and the impact of overflows from McKay Creek. He asked that the project be postponed. 2. Robert Jackson (representing Lucille Jackson) thanked the City Commission for not raising taxes. He stated that the golf course was purchased strictly to maintain green space and that the Cultural Center was not intended to encourage people to come into Largo. He stated that the City Charter was amended in the 1970's to have an election every year, with a runoff provision. He stated his concern for having elections every other year. 2 Minutes October 5, 2010 3. Sister Veronica Visciglia stated that she was Principal of St. Patrick's School and thanked the City for all that they have done for the school. She stated that the school was very proud of Kelly David. She invited everyone to attend the upcoming St. Patrick's School Fun Fair. 4. Mark Klutho stated his concern for planting done at 4th Street. CONSENT DOCKET - APPROVED RENEWAL OF BID NO, 08 -B -257, SANITARY SEWER, RECLAIMED WATER AND STORMWATER_ REPAIR, WITH RO WLAND INC. AND KAMMINGA AND ROODVOETS, INC. The purpose of this memo is to obtain City Commission approval to renew the bid for sanitary sewer, reclaimed water and stormwater repair with Rowland Inc. and Kamminga and Roodvoets, Inc. Over the past several years, the City of Largo has maintained and repaired the sanitary sewer system on an annual basis through the use of blanket purchase orders (BPO) with multiple contractors for manhole rehabilitation, sanitary sewer and storm sewer pipe lining, and emergency repairs. On November 5, 2008, the City Commission approved the award of Bid No. B -05 -257 for sanitary sewer, reclaimed water and stonmwater repair to Rowland Inc. and Kamminga and Roodvoets, Inc. The agreement has a tenn of one year, with the option of two additional one year renewal periods. Rowland Inc. and Kamminga and Roodvoets, Inc. haveindicated, in writing, that they wish to renew the bid with the understanding that the extension will besubject to the same terms and conditions, including unit prices, as the original bid. Environmental Services has budgeted $1,500,000, in its FY 2011 budget for maintenance and repair of the sanitary sewer collection and reclaimed water systems. The Streets and Drainage Division of Public Works has also participated in this bid and has budgeted$250,000, in the FY 2011 budget for the repair and maintenance of the stonmwatercollection system. Budgeted funds are spent on an as neededbasis using the blanketpurchase orders. This is the second of the two additional one year renewals for the Sanitary Sewer, Reclaimed Water and Stormwater Repair blanket purchase order. In 2011, the City of Largo will perform a new competitive bid process for award of the FY 2012 contract. AWARD OF BID NO.10 -B -434, TRENCHLESS SANITARY AND STORM SEWER REHABILITATION, TO BLD SERVICES, LLC, INSITUFORM TECHNOLOGIES, INC., LMK PIPE RENEWAL, LLC, MILLER PIPELINE CORPORATION, REYNOLDS INLINER, LLC AND SHENANDOAH GENERAL_ CONSTRUCTION COMPANY The purpose of this memois to obtain City Commission approval for the award of Bid No. 10- B-434, Trenchless Sanitary and Storm Sewer Rehabilitation, to BLD Services, LLC, Insitufonn Technologies, Inc., LMK Pipe Renewal, LLC, Miller Pipeline Corporation, Reynolds Inliner, LLC, and Shenandoah General Construction Company. Over the past several years, the City of Largo has maintained and repaired the sanitary sewer and storm sewer systems on an annual basis through the use of blanket purchaseorders (BPO) with multiple contractors for manhole rehabilitation, trenchless sanitary and storm sewer pipe lining, and emergency repairs. The current bid was expanded to include additional tenchless rehabilitation methods that were not includedin prior year bids, including service lateral lining and pipejoint sealing with chemical grout. On August 13, 2010, the City received 10 responsive and responsible submittals for the Trenchless Sanitary and Storm SewerRehabilitation bid. City staff has reviewed the bids and are recomme ndingawardinga blanket purchase order to the six firms listed above. Due to the specialized nature of some of the rehabilitation methods, contractors were permitted to only bid on the items that their companies could provide. By awarding blanket purchase orders to the six recommended bidders, the City of Largo will be able to obtain all of the services included in the bid. The agreement has a term of one 3 Minutes October 5, 2010 year, with the option of two additional one year renewal periods. Environmental Services has budgeted $1,500,000 in the FY 2011 budget for maintenance and repair of the sanitary sewer collection and reclaimed water systems. The Streets and Drainage Division of Public Works has also participated in this bid and has budgeted$250,000, in the FY2011 budget for the repair and maintenance of the stormwater collection system. Budgeted funds are spent on an as neededbasis using the blanket purchase orders. APPROVAL OF THE 2600 EAST BAY DRIVE FINAL PLAT A propasedconstruction of an additional 3,500 square foot building is being planned next to an existing Bank of America building on a 276 acres parcel located on the north side of East Bay Drive and approximately 600 feet east of the intersection with Keene Road. Platting of the property is required by the City's Development Code because the parcel is unplatted and is also being split into two (2) separate lots and the platting will ensure that records are updated and mapping accuracy maintained of the subject portion of land. The Development Code requires a final plat to ensure the accurate depiction of land subdivision as sites are developed or whenever lot lines vary from previous records or when parcels wereneverplatted. Utility, drainage, and right-of-way dedication agreements have been established via the final plat for the subject parcel. The following outside utility agencies have reviewed the proposed final plat and have indicated no objections: Bright House Networks, Progress Energy, Verizon, Knology, Clearwater Gas, TelCove, and TECO /Peoples Gas. The following City of Largo Departments have reviewed the final plat and have also indicated no objections: Community Development, Public Works, Environmental Services and City Clerk. Additionally, the plat was previously advertised in local newspapers with no public objection. The final plat meets all Development Code requirements and isin conformance with Florida State and Pinellas County platting standards. AUTHORIZATION TO CORRESPOND WITH PINELLAS COUNTY BOARD OF COUNTY COMMISSIONERS REGARDING SERVICE AREA BOUNDARIES Two staff reports were presented to the City Commission at the September 21, 2010 Regular Meeting regarding the current Planning Service Area Interlocal Agreement with Pinellas County and the proposed Annexation Interlocal Agreement. As a result of the discussion, a draft letter to the Pinellas County Board of County Commissioners has been prepared for City Commission approval. The letter requests that the Board of County Commissioners renew the current Planning Area Agreement for ten (10) years or for an interim two (2) year period pending negotiation of a new service area boundary and requests consideration of the proposedAnnexation Interlocal Agreement. The letter previously sent to Pinellas County in February 2010 regarding the Interlocal Service Area Boundary Agreement is attached for infonnnation. AUTHORIZATION TO PURCHASE CELLULAR DATA WIRELESS SERVICES FROM VERIZON WIRELESS IN THE ESTIMATED AMOUNT OF $99,600 FOR FISCAL YEAR 2011 IN ACCORDANCE WITH FLORIDA_ STATE CONTRACT NO. 725 - 330 -05 -1 The City of Largo utilizes cellular wireless data services for remote City devices to improve efficiencies in workflow. This essentially moves the employee's office to wherever their work requires, and minimizes the need for the employee to return to their physical office. Each device that utilizes the cellular wireless data service (such as laptop computers) requires a cellular data card. The wireless data cards are used by the City Departments as indicated below (note: some department's itemized budgets include a flat dollar amount for communication services and do not specifically itemize out wireless data cards; therefore, the FY 2011 Budget may appeargreater than the numberofdata cards actually in use): 4 Minutes October 5, 2010 Dept Wireless Cards FY 2011 Budget CD 17 11,400 ES 13 3,600 FD /EOC 17 10,200 GO 2 1,200 IT 3 6,300 PD 107 66,000 PW 6 3,200 RPA 1 600 Total 166 102,500 Verizon Wireless, one of two cellular data service vendors in use at the City, is the primary provider for cellular wireless data service to the City. Verizon was the first area company with full coverage and acceptable speed; however, AT &T provides8 data cards for emergency redundancy purposes, which costs approximately $4,800 annually. APPROVAL OF AN AGREEMENT WITH THE TAMPA BAY CDC TO ADMINISTER THE FY 2011 STATE HOUSING INITIATIVES PARTNERSHIP (SHIP), HOME INVESTMENT PARTNERSHIP (HOME), AND NEIGHBORHOOD STABILIZATION 2 (NSP2) DOWN PAYMENT ASSISTANCE PROGRAMS IN AN AMOUNT NOT TO EXCEED $494,800 Staff requests authorization for the City Manager to enter into an agreement with Tampa Bay Community Development Corporation (CDC) to administer the City of Largo down payment assistance (DPA) programs. The agreement would fund two (2) cases with HOME funds and 18 cases with the new NSP2 program. SHIP cases will be funded only if additional program income is received for the SHIP program and is included in the agreement to keep this strategy available under SHIP. Tampa Bay CDC has administered the Sold on Largo (SOL) program since 1998 and has assisted 195 families to become first -time homeowners. Over the past 12 years, the City's contribution of$3 million in down payment assistance has been leveraged with $14 million in private sector first mortgages and $2.5 mullion from owner's funds and other public sources, purchasing homes valued at $19 million total. Due to the program requirement that all participants must complete mortgage and budgeting classes, Tampa Bay CDC administered loans have maintained a low foreclosure rate of 3 %. A $1,000 processing fee continues for SOL cases. The Community Development Advisory Board (CDAB) approved the FY 2011 CDBG Action Plan which stipulates funding for down payment assistance and the City Commission approved the FY 2011 CDBG Action Plan by Resolution No. 2018 on July 20, 2010. The funds are paid to Tampa Bay CDC on a fee -for-service basis. The down payment assistance paid by Tampa Bay CDC is reimbursed by the City after submission of a completed file, with the processing fee paid after all mortgage documents are recorded and returned. Tampa Bay CDC has executed the Agreement (a copy of which has been sent to the City Commission electronically). A detailed description of the polities and procedures of the program is attached to the Agreement in Appendix A. AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO AN AFFORDABLE HOUSING DEVELOPMENT AGREEMENT WITH PINELLAS HABITAT FOR HUMANITY, INC. IN THE AMOUNT OF $30,203.27 Staff requests authorization for the City Manager to enter into a State Housing Initiatives Partnership (SHIP) Land Use Restriction Agreement(LURA), with Pinellas Habitat for Humanity, Inc. in the amount of $30,203.27 for the provision of AffordableHousing Development (AHD) incentives. Pinellas Habitat For Humanity, Inc. is proposing construction ofa 5 Minutes October 5, 2010 1,400 square foot, four bedroom two bath house with a one car garage on the vacant lot located at 221 2nd Avenue SW. Habitat is requesting reimbursement for the cost of the land acquisition as a non-profit long term affordable housing provider. The Community Development Advisory Board (CDAB) approved the Habitat program as part of the City of Largo FY 2010 Community Development Block Grant (CDBG) Action Plan in the amount of $50,000. The City Commission approved the revised 2010 CDBG Action Plan by Resolution No. 2001 on November3, 2009. Habitat will initially sell the house to an income eligible applicant and, if the unit is sold within ten years (Recapture Period), it will require the sale to be to another income eligible household whaseincomelevel does not exceed 120% of the area's gross median income level (established by SHIP each year). If Habitat defaults on this requirement, the funds provide -dby the City would be paid back in full or in part at the City's discretion to the SHIP program. A copy of the agreement has been sent to the City Commission electronically. RENEWAL OF BID NO. 08 -B -253, LEASING HOLIDAY DECORATIONS FOR LARGO CENTRAL PARK, TO CLARK SALES DISPLAY, INC., IN AN AMOUNT NOT TO EXCEED $4Z000 In FY 2002, staff determined that leasing holiday displays and decorations was the most cost - effective way to provide holiday lights for the City. The City of Largo has leased the large displays for Largo Central Park since then. Leasing decorations eliminates the need for a large capital investment to purchase the displays, eventual replacement and storage. Leasing also eliminates the maintenance costs for the holiday displays and allows the displays to be changed every few years. This memorandum requests approval to renew the bid for the holiday display in Largo Central Park. Street pole decorations are not huhded in the FY 2011 budget and budget reductions resulted in a reduced holiday display budget by $10,000. Therefore, this bid renewal is requested in the amount of $47,000, rather than the previous year's amount of $5Z000. The bid includes the lease, installation, maintenance and removal of approximately 25 holiday displays and a 26 foot decorated Christmas tree in the amount of$47,000. The Invitation for Bid identifies 32 different decorations and a cost for each. Staff will select the decorations for the display from the selection in the proposal. Not all decorations included in the proposal will be selected and the total cost will not exceed$47,000. Four vendors responded to Bid No. 08 -B -253, Holiday Decorations, and one vendor responded with No Bid. The bid tabulation sheet is attached. Winterland, Inc. provided the lowest cost for most items included in the bid. However, the vendor would not follow directions provided regarding delivery and required a substantial down payment, thus making them unresponsive. Staff recommends renewal of the bid to Clark Sales Display, Inc This vendor has provided the City with quality service and products in the past. This is the final year of a three year renewal option with Clark Sales Display, Inc. Staff will be sending an invitation to bid in FY 2012. Motion was made by Commissioner Murray, seconded by Vice Mayor Brown, to approve the Consent Docket without Commission discussion and including staff background provided in the Commission packets. Vote: Voting Aye: Commissioners Black, Murray, Holmes, Arntzen, Crozier, Brown, Mayor Gerard Motion carried 7 -0. 6 Minutes October 5, 2010 PUBLIC HEARINGS None LEGISLATIVE MATTERS RESOLUTION NO. 2025 - AUTHORIZATION TO APPLY FOR FUNDING FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY POR COMMUNITYWIDE BROWNFIELD ASSESSMENT GRANTS NOT TO EXCEED $400,000- APPROVED The City of Largo received Florida Brownfield Designation in 2008 for areas that encompass the Largo Community Redevelopment Districts, the commercial corridor of Missouri Avenue, and the City owned properties adjacent to Largo Central Park. Brownfield is the name given to a site or area where real or perceived environmental contamination exists in the soil, surface water, or ground water. These locations are typically redevelopment sites and in many instances present barriers for redevelopment. The Community Development Department's Economic Development Division is seeking authorization to apply for grant funding from the United States Environmental Protection Agency (EPA) to promote the development and revitalization of these areas throughout the City. The EPA is currently accepting applications for the Brownfield Assessment Grant program which provides funding to inventory, characterize, assess and conduct planning and community involvement related to brownfield sites. Specifically the Community Wide Assessment Grant provides applicants with up to $200,000 for assessment of hazardous substances sites and $200,000 for petroleum sites. Allowable uses of grant funding include personnel costs, operational supplies, travel and training, public health outreach and testing, and contractual services for site testing. The program does not require matching funds be provided by the City, and the project period is up to three years from award. Staff has been preparing the application and proposal for the Community Wide Assessment Grant and, with City Commission authorization, plans to submit the application to the EPA the week of October 11, 2010. The City of Largo's proposal includes underwriting of costs for property owners to conduct Phase I and Phase II environmental testing in order to support redevelopment within the City by offsetting some development costs associated with perceived Brownfield properties. Award announcement is anticipated in Spring 2011 and, if selected to receive funding, the City and the EPA would work cooperatively to develop a work plan and final application forms. The EPA advises it can take up to 90 days or longer between notification of selection for the award and the actual award of the grant. The grant would be awarded as a cooperative agreement and the EPA would be substantially involved in overseeing the work performed by the City. City Clerk Bruner read Resolution No. 2025 by title only. Questions: Commissioner Murray questioned whether areas that are determined not to have hazardous substances would have to come out of the designation. Ms. Brydon stated that the designation done was primarily for the redevelopment of the area and that any such area would not be removed. She stated that by getting the designation the City has been able to look for state incentive programs to be better prepared to offer incentives to developers. Ms. Waters stated that it would also mean less dividing up of clean up monies. Motion was made by Commissioner Crozier, seconded by Commissioner Murray, to approve Resolution No. 7 Minutes October 5, 2010 2025. Discussion: None Vote: Voting Aye: Commissioners Black, Murray, Holmes, Arntzen, Crozier, Brown, Mayor Gerard Motion carried 7 -0. APPROVAL OP INTERLOCAL AGREEMENT WITH THE PINELLAS PLANNING COUNCIL FOR PLANNING AND MAPPING SERVICES - APPROVED The Pinellas Planning Council (PPC) has provided planning and mapping services to local governments in Pinellas County for several years. Since the mid 1990's this assistance has been formalized using interlocal agreements with the individual local governments. The planning services agreement with the City of Largo expired on September 30, 2010; the City currently does not have a mapping services agreement with the PPC. Based on action by the PPC on June 16, 2010, planning and mapping service agreements have been consolidated into one agreement. The agreement prepared for the City of Largo is attached to this memo. The fee schedule for planning services is not proposed to be amended; the fee schedule for mapping services is proposed to be revised since it has not been updated since 1994 -1995. If approved by the City Commission, the new interlocal agreement will be for a term of four years, until September 30, 2014. The terms of planning services provided by the PPC would continue as in the earlier agreement; the terms of the mapping services would be new. No funds are currently allocated in the City budget to be expended under this interlocal agreement. Should a project arise where staff believes that the services of the PPC are needed, staff will submit a budget amendment to the City Commission for review and approval. The proposed agreement also includes the City's standard fiscal non - funding clause. Questions: Commissioner Crozier asked whether there will be a cost to the City before services are provided, to which Mr. Klute stated that there will not. He stated that rates are included in Exhibit B. Mayor Gerard stated that the agreement was for services over and above items sent to the PPC for review. Commissioner Black questioned the cost of services rendered in the past year. Mr. Klute stated that the PPC's services have not been used since 2008, when they were asked to assist with the West Bay Drive Plan. Commissioner Black asked whether staff would have a funding source to recommend if staff requests approval to use their services from the City Commission, to which Mr. Klute answered in the affirmative. Vice Mayor Brown questioned whether the rate schedule was similar to the previous agreement. Mr. Klute stated that the planning assistance schedule has not changed, however he was unsure if there were changes to the mapping schedule, as these services have not been used before. Motion was made by Commissioner Arntzen, seconded by Vice Mayor Brown, to approve the interlocal agreement with the Pinellas Planning Council for planning and mapping services. Discussion: 8 Minutes October 5, 2010 None Vote: Voting Aye: Commissioners Black, Murray, Holmes, Arntzen, Crozier, Brown, Mayor Gerard Motion carried 7 -0. ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENTS FROM MEDINVEST COMPANY LIMITED PARTNERSHIP AND REGAL PALMS LIMITED PARTNERSHIP FOR THE COMMUNITY CENTER ROADWAY PROJECT - APPROVED A portion of the Community Center Roadway project will provide for the construction of a new road (the "Avenue of the Palms ") and urban trail through the Palms of Largo complex, connecting Alternate Keene Road and Lake Avenue. The proposed roadway will straddle the common property line of lot two and lot three of the Palms of Largo complex. Lot two (southern lot) is owned by Regal Palms Limited Partnership, and lot three (north lot) is owned by Medinvest Company Limited Partnership (Medinvest). City staff has successfully negotiated the granting of a temporary construction easement with each property owner and their respective lenders, which will allow for the tie -in of proposed drainage and sidewalk improvements to existing drainage systems and sidewalks located outside of the permanent easement area. The temporary easements are being granted at no cost to the City and will automatically expire at the end of construction. However, all construction activity taking place in the temporary easement areas on the Medinvest property must be completed on or before June 30, 2011 in keeping with the easement terms negotiated with Medinvest's lender. Staff anticipates all construction will be finalized before that established date. Copies of the proposed Temporary Construction Easements, executed by Regal Palms Limited Partnership and Medinvest Company Limited Partnership have been sent to the City Commission electronically. Questions: Mayor Gerard stated her concern for the road providing an opportunity for motorists to drive straight into the Highland Complex, thereby having cut through access to Highland Avenue. Mr. Schubert stated that the road will be designed to provide another means of entering and exiting the Highland Complex but will discourage use as a shortcut. Motion was made by Commissioner Murray, seconded by Commissioner Crozier, to approve acceptance of a temporary construction easement from Medinvest Company Limited Partnership and a Temporary Construction Easement from Regal Palms Limited Partnership for the Largo Community Center Roadway project. Discussion: None Vote: Voting Aye: Commissioners Black, Murray, Holmes, Arntzen, Crozier, Brown, Mayor Gerard Motion carried 7 -0. 9 1 Minutes October 5, 2010 ACCEPTANCE OF PERMANENT ROADWAY EASEMENTS FROM MEDINVEST COMPANY LIMITED PARTNERSHIP AND REGAL PALMS LIMITED PARTNERSHIP FOR THE COMMUNITY CENTER ROADWAY PROJECT - APPROVED A portion of the Community Center Roadway project will provide for the construction of a new road (the "Avenue of the Palms ") and urban trail through the Palms of Largo complex, connecting Alternate Keene Road and Lake Avenue. The proposed roadway will straddle the common property line of lot two and lot three of the Palms of Largo complex. Lot two (southern lot) is owned by Regal Palms Limited Partnership (Regal Palms), and lot three (north lot) is owned by Medinvest Company Limited Partnership (Medinvest). City staff has successfully negotiated the granting of permanent roadway easements with the property owners, who are collectively represented by The Goodman Group, which will allow for the construction of the new roadway and urban trail as well as landscaping, irrigation, utilities and other associated improvements. The easements permit the City to construct, install and maintain a roadway, sidewalks, drainage and sewer facilities and utilities (including gas, electrical, water, and communication lines) on the identified properties. The City will install landscaping, pedestrian lighting, landscape lighting and irrigation facilities, with maintenance responsibilities for these items to be shared between the parties. The irrigation system will be tied in to the existing irrigation system on the properties. The property owners (The Goodman Group) will be responsible for the maintenance and repair of pedestrian lighting, landscape lighting and irrigation facilities. This responsibility will include paying the electrical and water costs associated with these improvements. In addition, the property owners will be responsible for replacement of landscaping (excluding trees), landscape lighting and irrigation when /if necessary. The City will be responsible for replacement only of trees and pedestrian lighting that is damaged or destroyed beyond repair and not due to the property owners' failure to maintain those items. The City and The Goodman Group have also negotiated sharing the costs for purchase and installation of the landscaping for the Community Center roadway project. The Goodman Group desires to create a seamless look between the Avenue of the Palms project and the existing, surrounding campus. Therefore, the landscaping design incorporates additional and more mature landscaping than is typically included in municipal construction projects. The total cost for the installation of landscaping, including irrigation and landscape lighting, will not exceed $183,000. The Goodman Group has agreed to reimburse the City $100,000 of this amount through a series of four payments of $25,000. The first payment will be made upon completion of the landscaping installation, the second on January 1, 2011, the third on January 1, 2012 and the final payment will occur on January 1, 2013. The responsibilities for maintenance of the landscaping and associated improvements will begin immediately after installation as outlined in this memo. The agreement between the parties regarding payment for landscaping will be memorialized in a letter from the City to Mr. Dan Peterka of The Goodman Group. Copies of the proposed permanent Easement Agreements, executed by Regal Palms and Medinvest have been sent to the City Commission electronically. Questions: None Motion was made by Commissioner Arntzen, seconded by Commissioner Crozier, to approve acceptance of a permanent easement from Medinvest Company Limited Partnership and a permanent easements from Regal Palms Limited Partnership for the Largo Community Center Roadway project including terms and conditions for construction and maintenance of associated improvements. 10 Minutes October 5, 2010 Discussion: None Vote: Voting Aye: Commissioners Black, Murray, Holmes, Arntzen, Crozier, Brown, Mayor Gerard Motion carried 7 -0. STAFF REPORTS None ITEMS FROM CITY ATTORNEY, COMMISSION, MAYOR, CITY MANAGER Commissioner Holmes stated that he requested copies of receipts for beverages purchased for the Cultural Center bar, however he has not received them. He stated that he has not accused anyone of anything and that he wanted the information in his mailbox sometime this week. He stated that he also requested information regarding accreditation of the Recreation, Parks and Arts Department, which he has also not received. He stated that he was told by the City Manager that there was an iron clad agreement for annexing the airport. Mr. Craig stated that there was no such agreement and that he did not tell Commissioner Holmes that there was such an agreement. He stated that there may have been a misunderstanding. He stated that he did tell Commissioner Holmes that there were some annexation agreements and indentures that existed on airport property. Commissioner Holmes stated that he received an email from George at the Golf Course regarding stimulating business at the golf course. He stated that there were some tremendous ideas. He stated that a candidate debate would take place the following night in the Commission Chamber at 6:30. Commissioner Black stated that she wanted to ensure that nothing was being done on the Margaret Manor drainage project until resident concerns have been satisfied. Mr. Craig stated that the project will not begin until staff has advised the City Commission of what will be done. Mayor Gerard stated that the City Commission had a rule, and the Charter provided, that Commissioners not tell staff what to do. She stated that requests are to be made through her to the City Manager and that consensus is required in order to request action. She stated that no one Commissioner can ask staff to assemble information that the rest of the Commission does not want. She stated that it was inappropriate under any circumstances for Commissioners to go to work sites and tell staff what to do. She stated that the procedure for Commissioners to request information was at the end of meetings or during individual meetings with the City Manager. She stated that citizen requests are to go through Shirley Frick or Mr. Craig. She stated that she has let the City Manager and Assistant City Managers know that she did not expect staff to do anything that the City Commission has not asked them to do as a body. Mr. Craig stated that at a previous meeting a staff member indicated that he did not live in the City of Largo. He stated that he has lived in Largo since 1983. Mayor Gerard stated that there has been difficulty in keeping some of the board positions filled and that staff has requested that the City Commission consider reducing the number of board members from seven to five. Commissioner Crozier stated that she would follow staff's recommendations. Mayor Gerard suggested a minimum of five with up to seven members. There was no City Commission objection. Commissioner Black 11 Minutes October 5, 2010 stated that it has been mentioned to her that some of the candidates did not live in Largo. She stated that some had a Clearwater mailing address, as did she, however all have been qualified as being residents of the City. Mr. Zimmet suggested an odd number of board members. Mr. Craig suggested bringing forward only the boards that want to go to five members. Mr. Zimmet stated that the Code Enforcement Board was required by state law to have seven members. Vice Mayor Brown asked whether board membership was more stable when each Commissioner was responsible for appointing a member, to which Mayor Gerard answered in the affirmative. Mr. Zimmet stated that this change came from the Charter Review Committee. He stated that there was nothing to preclude the Mayor from tasking the Commissioners with providing potential appointees. SUMMARY OF ACTION ITEMS None ADJOURNMENT The meeting adjourned at 6:53 pm. Diane L. Bruner, CMC, City Clerk 12 1 Q 0° PLo O Q O Form Revision Date: 10/19/09: : * City of Largo Meeting Date Agenda Item 7 10/05/10 Presenter: Leland Dicus P.E., City Engineer Department: CD - Community Development TITLE: AWARD OF BID NO.10 -B -434, TRENCHLESS SANITARY AND STORM SEWER REHABILITATION, TO BLD SERVICES, LLC, INSITUFORM TECHNOLOGIES, INC., LMK PIPE RENEWAL, LLC, MILLER PIPELINE CORPORATION, REYNOLDS INLINER, LLC AND SHENANDOAH GENERAL CONSTRUCTION COMPANY The purpose of this memo is to obtain City Commission approval for the award of Bid No. 10 -B -434, Trenchless Sanitary and Storm Sewer Rehabilitation, to BLD Services, LLC, Insituform Technologies, Inc., LMK Pipe Renewal, LLC, Miller Pipeline Corporation, Reynolds Inliner, LLC, and Shenandoah General Construction Company. Over the past several years, the City of Largo has maintained and repaired the sanitary sewer and storm sewer systems on an annual basis through the use of blanket purchase orders (BPO) with multiple contractors for manhole rehabilitation, trenchless sanitary and storm sewer pipe lining, and emergency repairs. The current bid was expanded to include additional trenchless rehabilitation methods that were not included in prior year bids, including service lateral lining and pipe joint sealing with chemical grout. On August 13, 2010, the City received 10 responsive and responsible submittals for the Trenchless Sanitary and Storm Sewer Rehabilitation bid. City staff has reviewed the bids and are recommending awarding a blanket purchase order to the six firms listed above. Due to the specialized nature of some of the rehabilitation methods, contractors were permitted to only bid on the items that their companies could provide. By awarding blanket purchase orders to the six recommended bidders, the City of Largo will be able to obtain all of the services included in the bid. The agreement has a term of one year, with the option of two additional one year renewal periods. Environmental Services has budgeted $1,500,000 in the FY 2011 budget for maintenance and repair of the sanitary sewer collection and reclaimed water systems. The Streets and Drainage Division of Public Works has also participated in this bid and has budgeted $250,000, in the FY 2011 budget for the repair and maintenance of the stormwater collection system. Budgeted funds are spent on an as needed basis using the blanket purchase orders. $1,750,000.00 O ES -6 Available Expenditure Budgeted Budget Page Amount: No .: , PW -19 Amount: $1,749,998 Amount: $0.00 I Additional Budgetary Budgeted funds are spent on an as needed basis using the blanket purchase orders. Information: Funding _ Sufficient Budget -- g Wastewater Fund O� Yes g { O Yes N N/A Source(s): Drainage Fund Funds Amendment Source: Available: O No Required: • O No City Attorney r 0 Yes Advisory Board r 0 For Consistent 0 Yes Reviewed: S 0 No Recommendation: S 0 N 0 Against No Wi t h : { Applicable licable Q4 N/A *i N/A ** N/A Potential I MOVE TO APPROVE/DISAPPROVEAWARD OF BID NO.10 -B -434, TRENCHLESS SANITARY AND STORM Motion/ SEWER REHABILITATION, TO BLD SERVICES LLC, INSITUFORM TECHNOLOGIES INC., LMK PIPE Direction RENEWAL LLC, MILLER PIPELINE CORPORATION, REYNOLDS INLINER LLC, SHENANDOAH GENERAL Requested: CONSTRUCTION COMPANY. 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E LL 4 £ a E £ F fi E F 2 w i n a J � u u� a,... F ; ' E P 8 fl LL 3 � u U b 4 �' g u s N E E E 2. E E°- E E� E; E ° E; 2A 2 55i oo t � >> `� - ? 3 `oA A' CC VV S ii i8 S LL S E" 4 ' 4 EYY c 9.- L ,-„,-„_ o _ E. LE . MU V! 0 u . V n- j E E E - ; E E 3 n 2 - J2i' ¢ r . by Y' - K rf F m 8FS8 'y 4F i ElEiE:E 1E10.1002EtElEth li, Fg 2 o_ LL' $ = FP ;:uuuc'iu w F q z z t e 1 _ 1 s` s $eo 1 ". ".", . ."; 8 > e X J° .xx x5t_ EtiffaEq€ 1§m03 5 Sys =S�.B =' a LL LL s a °a s �ge°_tix8 :E `S YY pp gE pp gg gg g " biv o rv'3 5 9 4i'YY 1£ a� C P� E E E s r'um £v m,T c'.3 YR�R,SebBJ�S $u�4mu °m m_�u��:co ��u3 ,� >�> 'r to3� $o $o3tE� mr "�° z1 - rv- .mm,mm - ,v",.mm�mm R,N47R,,', `�,�NN88 A83XmR ' A 8 8 . 8g888L ^.853�8aS 8 8 888885583888. AGENDA REQUEST Date: February 23, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS March 7 201 ITEM DESCRIPTION: Authorization for Sanitary Sewer Pipe Lining by Miller Pipeline Corporation in an amount not to exceed $127,000. BACKGROUND: Sewer lines on Riverside Drive were constructed in 1963 using vitrified clay pipe. These lines are anywhere between three to 12 feet deep. These pipes are subject to tidal inflow and groundwater levels and cracking of the clay pipe is inevitable. This project will allow the lining of Riverside Drive from the north city limits to East Park Avenue. Lining these pipes from the in will allow the pipe to become whole again and avert the disruption to the residents. Miller Pipeline Corporation has done numerous sewer lining projects for the City of Edgewater in the past with no issues. They were awarded a bid with the City of Largo to perform this work and have agreed to honor this pricing to the City of Edgewater. Attached is a breakdown of each pipe run and the estimated amount per the bid. Actual footages will be charged based on the per foot bid amount. The Water and Sewer Renewal & Replacement budget for this year has $200,000 allocated toward sanitary sewer lining. STAFF RECOMMENDATION: Authorize the City Manager to approve the purchase order to piggyback the City of Largo bid allowing Miller Pipeline Corporation line sewer pipes in an amount not to exceed $127,000 and authorize the appropriate budget amendment. ACTION REQUESTED: A motion to authorize the City Manager to approve the purchase order for Miller Pipeline Corporation piggybacking the City of Largo bid in an amount not to exceed $127,000 and authorize the appropriate budget amendment. FINANCIAL IMPACT: (Finance Director) $127,000 (Line Item 444 - 5555 - 580.64 -10) (SPECIF F BUDGET AMENDMENT IS REQUIRED) YES XX NO J McKinney, Finance Dire or PREVIOUS AGENDA ITEM: YES NO XX If so, DATE: AGENDA ITEM # Respectfully submitted, Concurrence: B renda L. Dewees Robin L. Matusick Director of Environmental Services Paralegal "i --Y-.Y.--- — racey T : arlow City 1 ager 4 ('Ii !); 11) Miller Pipeline Corp. January 18, 2011 Mr. Bobby Laramore P.O. Box 100 104 N. Riverside Drive Edgewater, Florida 32132 RE: Piggyback Contract with The City of Largo Trenchless Sanitary and Storm Sewer Rehabilitation Bid No. 10 -B -343 Pursuant to your request, please accept this letter as confirmation of our intentions to honor the unit pricing basis contained in the above referenced contract and to extend the same terms and conditions to your municipality should you decide to effectuate a piggyback of the referenced contract. If you have any questions or if I can be of any additional assistance please do not hesitate to contact me. Thank you for giving Miller Pipeline Corp. the opportunity to serve you. Sincerely C: ca e, e) , fAlt. Louis J. Woska Business Development Manager Municipal Services Division Miller Pipeline Corporation 727 Cheston Street • New Smyrna • Phone: 386- 423 -6621 • Fax: 386 - 423 -6627 Miller Pipeline Corp. City of Edgewater Wastewater Lining Assignment 2011 Unit Price Unit Price Per Footage Diameter Per Foot Services Service Total Cost 4878' 8 $ 26.00 49 $ 1.00 $ 126,877.00 727 Cheston Street • New Smyrna Beach, FL 32168 • Phone: 386- 423 -6621 • Fax: 386- 423 -6627 CITY OF LARGO CITY COMMISSION REGULAR MEETING October 5, 2010 Minutes COMMISSION PRESENT: Mayor Gerard, Commissioners Black, Murray, Holmes, Arntzen, Crozier, Brown COMMISSION ABSENT: None PARTICIPATING STAFF PRESENT: City Mgr. Craig, City Attorney Zimmet, Asst. City Mgr. Schubert, City Clerk Bruner, Asst. Fire Chief Stefancic, Grant Administrator Waters, Economic Dev. Mgr. Brydon, Comm. Dev. Dir. Stricklin, Asst. Comm. Dev. Dir. Klute, City Engineer Dicus, Asst. City Attorney Hale Mayor Gerard called the Regular Meeting to order at 6:01 pm. Invocation was given by Reverend J. Arnold Johnson, Largo Police Chaplain, followed by the Pledge of Allegiance. AGENDA — APPROVED Approval of the Regular Commission Meeting agenda of October 5, 2010. Discussion: None Motion was made by Commissioner Holmes, seconded by Vice Mayor Brown, to approve the agenda for the Regular Meeting of October 5, 2010. Vote: Voting Aye: Commissioners Black, Murray, Holmes, Arntzen, Crozier, Brown, Mayor Gerard Motion carried 7 -0. MINUTES — APPROVED Approval of the Regular City Commission Meeting minutes of September 21, 2010 as on file in the City Clerk's Office. Discussion: None Motion was made by Commissioner Arntzen, seconded by Commissioner Holmes, to approve the minutes of the Regular Meeting of September 21, 2010. Vote: Voting Aye: Commissioners Black, Murray, Holmes, Arntzen, Crozier, Brown, Mayor Gerard Minutes October 5, 2010 Motion carried 7 -0. Approval of the Special City Commission Meeting minutes of September 22, 2010 as on file in the City Clerk's Office. Discussion: None Motion was made by Vice Mayor Brown, seconded by Commissioner Murray, to approve the minutes of the Special Meeting of September 22, 2010. Vote: Voting Aye: Commissioners Black, Murray, Holmes, Arntzen, Crozier, Brown, Mayor Gerard Motion carried 7 -0. CEREMONIAL DIRE PREVENTION WEEK PROCLAMATION AND RECOGNITION OF POSTER CONTEST WINNER For 88 years Fire Prevention Week has given Firefighters, safety organizations and educators the opportunity to teach the public about fire safety. It is also the perfect time to thank and honor the men and women who serve their communities as dedicated firefighters. The annual observance began as Fire Prevention Day on October 9, 1911 — the 40th Anniversary of the Great Chicago Fire of 1871. In 1922 it became a week -long celebration. The City of Largo and Largo Fire Rescue annually recognize this important public safety week with a Proclamation and a poster contest for fourth graders in the fire district. The winner of the poster contest will be recognized. The winning poster design will be on display beginning October 1, on a billboard located on the south side of Ulmerton Road just east of Belcher Road. ClearChannel Outdoor again reproduced the artwork and donated the billboard that will display the winning poster throughout the month of October. Assistant Chief Stefancic described the poster contest and introduced poster contest winner Kelly David. The Mayor and City Commission congratulated Ms. David. Ms. Bruner read the Proclamation aloud and Assistant Chief Stefancic thanked the City Commission for their support. CITIZEN COMMENT 1. Richard Hagan stated his concern that residents were being misinformed and misled. He questioned the easements, water quality and the impact of overflows from McKay Creek. He asked that the project be postponed. 2. Robert Jackson (representing Lucille Jackson) thanked the City Commission for not raising taxes. He stated that the golf course was purchased strictly to maintain green space and that the Cultural Center was not intended to encourage people to come into Largo. He stated that the City Charter was amended in the 1970's to have an election every year, with a runoff provision. He stated his concern for having elections every other year. 2 Minutes October 5, 2010 3. Sister Veronica Visciglia stated that she was Principal of St. Patrick's School and thanked the City for all that they have done for the school. She stated that the school was very proud of Kelly David. She invited everyone to attend the upcoming St. Patrick's School Fun Fair. 4. Mark Klutho stated his concern for planting done at 4th Street. CONSENT DOCKET - APPROVED RENEWAL OF BID NO. 08 -B -257, SANITARY SEWER, RECLAIMED WATER AND STORMWATER_ REPAIR, WITH ROWLAND INC. AND KAMMINGA AND ROODVOETS, INC. The purpose of this memo is to obtain City Commission approval to renew the bid for sanitary sewer, reclaimed water and stormwater repair with Rowland Inc. and Kamininga and Roodvoets, Inc. Over the past several years, the City of Largo has maintained and repaired the sanitary sewer system on an annual basis through the use of blanket purchase orders (BPO) with multiple contractors for manhole rehabilitation, sanitary sewer and storm sewer pipe lining, and emergency repairs. On November 5, 2008, the City Commission approved the award of Bid No. B -05 -257 for sanitary sewer, reclaimed water and stormwater repair to Rowland Inc. and Kamrninga and Roodvoets, Inc. The agreement has a term of one year, with the option of two additional one year renewal periods. Rowland Inc. and Kamminga and Roodvoets, Inc. have indicated, in writing, that they wish to renew the bid with the understanding that the extension will be subject to the same terms and conditions, including unit prices, as the original bid. Environmental Services has budgeted $1,500,000, in its FY 2011 budget for maintenance and repair of the sanitary sewer collection and reclaimed water systems. The Streets and Drainage Division of Public Works has also participated in this bid and has budgeted$250,000, in the FY 2011 budget for the repair and maintenance of the stormwatercollection system. Budgeted funds are spent on an as neededbasis using the blanketpurchase orders. This is the second of the two additional one year renewals for the Sanitary Sewer, Reclaimed Water and Stormwater Repair blanket purchase order. In 2011, the City of Largo will perform a new competitive bid process for award of the FY 2012 contract. AWARD OF BID NO.10 -B -434, TRENCHLESS SANITARY AND STORM SEWER REHABILITATION, TO BLD SERVICES, LLC, INSITUFORM TECHNOLOGIES, INC., LMK PIPE RENEWAL, LLC, MILLER PIPELINE CORPORATION, REYNOLDS INLINER, LLC AND SHENANDOAH GENERAL_ CONSTRUCTION COMPANY The purpose of this memo is to obtain City Commission approval for the award of Bid No. 10- B-434, Trendnless Sanitary and Storm Sewer Rehabilitation, to BLD Services, LLC, Insituform Technologies, Inc., LMK Pipe Renewal, LLC, Miller Pipeline Corporation, Reynolds Inliner, LLC, and Shenandoah General Construction Company. Over the past several years, the City of Largo has maintained and repaired the sanitary sewer and storm sewer systems on an annual basis through the use of blanket purchase orders (BPO) with multiple contractors for manhole rehabilita tion, trenchless sanitary and stomr sewer pipe lining, and emergency repairs. The current bid was expanded to include additional trencrless rehabilitation methods that were not included in prior year bids, including servim lateral lining and pipe joint sealing with chemical grout. On August 13, 2010, the City received 10 responsive and responsible submittals for the Trenchless Sanitary and Storm SewerRehabilitation bid. City staff has reviewed the bids and are recommending- awarding a blanket purchase order to the six firms listed above. Due to the specialized nature of some of the rehabilitation methods, contractors were permitted to only bid on the items that their companies could provide. By awarding blanket purchase orders to the six recommended bidders, the City of Largo will be able to obtain all of the services included in the bid. The agreement has a term of one 3 Minutes October 5, 2010 year, with the option of two addilional one year renewal periods. Environmental Services has budgeted $1,500,000 in the FY 2011 budget for maintenance and repair of the sanitary sewer collection and reclaimed water systems. The Streets and Drainage Division of Public Works has also participated in this bid and has budgeted$250,000, in the FY2011 budget for the repair and maintenance of the stormwater collection system. Budgeted funds are spent on an as neededbasis using the blanket purchase orders. APPROVAL OF THE 2600 EAST BAY DRIVE FINAL PLAT A proposedconstruction of an additional3,500 square foot building is being planned next to an existing Bank of America building on a 2.76 acres parcel located on the north side of East Bay Drive and approximately 600 feet east of the intersection with Keene Road. Platting of the property is required by the City's Development Code because the parcel is unplatted and is also being split into two (2) separate lots and the platting will ensure that records are updated and mapping accuracy maintained of the subject portion of land. The Development Code requires a final plat to ensure the accurate depiction of land subdivision as sites are developed or whenever lot lines vary from previous records or when parcels were never platted. Utility, drainage, and right-of-way dedication agreements have been established via the final plat for the subject parcel. The following outside utility agencies have reviewed the proposed final plat and have indicated no objections: Bright House Networks, Progress Energy, Verizon, Knology, Clearwater Gas, TelCove, and TECO /Peoples Gas. The following City of Largo Departments have reviewed the final plat and have also indicated no objections: Community Development, Public Works, Environmental Services and City Clerk Additionally, the plat was previously advertised in local newspapers with no public objection. The final plat meets all Development Coderequirements and is in conformance with Florida State and Pinellas County platting standards. AUTHORIZATION TO CORRESPOND WITH PINELLAS COUNTY BOARD OF COUNTY_ COMMISSIONERS REGARDING SERVICE AREA BOUNDARIES Two staff reports were presented to the City Commission at the September 21, 2010 Regular Meeting regarding the current Planning Service Area Interlocal Agreement with Pinellas County and the proposed Annexation Interlocal Agreement. As a result of the discussion, a draft letter to the Pinellas County Board of County Commissioners has been prepared for City Commission approval. The letter requests that the Board of County Commissioners renew the current Planning Area Agreement for ten (10) years or for an interim two (2) year period pending negotiation of a new service area boundary and requests consideration of the proposedAnnexation Interlocal Agreement. The letter previously sent to Pinellas County in February 2010 regarding the Interlocal Service Area BoundaryAgreementis attached for information. AUTHORIZATION TO PURCHASE CELLULAR DATA WIRELESS SERVICES FROM VERIZON WIRELESS IN THE ESTIMATED AMOUNT OF $99,600 FOR FISCAL YEAR 2011 IN ACCORDANCE WITH FLORIDA STATE CONTRACT NO. 725- 330 -05 -1 The City of Largo utilizes cellular wireless data services for remote City devices to improve efficiencies in workflow. This essentially moves the employees office to wherever their work requires, and minimizes the need for the employee to return to their physical office. Each device that utilizes the cellular wireless data service (such as laptop computers) requires a cellular data card. The wireless data cards are used by the City Departments as indicated below(note: some department's itemized budgets include a flat dollar amount for communication services and do not specifically itemize out wireless data cards; therefor the FY2011 Budget may appeargreater than the number of data cards actually in use): 4 Minutes October 5, 2010 Dept Wireless Cards 2011 Budget] CD 17 11,400' ES 13 3,600 FD /EOC 17 10,200 GO 2 1,200 IT 3 6,300 PD 107 66,000 PW 6 3,200 RPA 1 600 Total — 166 � 102,500 Verizon Wireless, one of two cellular data service vendors in use at the City, is the primary provider for cellular wireless data service to the City. Verizon was the first area company with full coverage and acceptable speed; however, AT &T provides8 data cards for emergency redundancy purposes, which costs approximately$4,800 annually. APPROVAL OF AN AGREEMENT WITH THE TAMPA BAY CDC TO ADMINISTER THE FY 2011 STATE .HOUSING INITIATIVES PARTNERSHIP (SHIP), HOME INVESTMENT PARTNERSHIP (HOME), AND NEIGHBORHOOD STABILIZATION 2 (NSP2) DOWN PAYMENT ASSISTANCE PROGRAMS IN AN AMOUNT NOT TO EXCEED $494,800 Staff requests authorization for the City Manager to enter into an agreement with Tampa Bay Community Development Corporation (CDC) to administer the City of Largo down payment assistance (DPA) programs. The agreement would fund two (2) cases with HOME funds and 18 cases with the new NSP2 program. SHIP cases will be funded only if additional program income is received for the SHIP program and is included in the agreement to keep this strategy available underSHIP. Tampa Bay CDC has administered the Sold on Largo (SOL) program since 1998 and has assisted 195 families to become first -time homeowners. Over the past 12 years, the City's contribution of$3 million in down payment assistance has been leveraged with $14 million in private sector first mortgages and $2.5 million from owner's funds and other public sources, purchasing homes valued at $19 million total. Due to the program requirement that all participants must complete mortgage and budgeting classes, Tampa Bay CDC administered loans have maintained a low foreclosure rate of 3 %. A $1,000 processing fee continues for SOL cases. The Community Development Advisory Board (CDAB) approved the FY 2011 CDBG Action Plan which stipulates funding for down payment assistance and the City Commission approved the FY 2011 CDBG Action Plan by Resolution No. 2018 on July 20, 2010. The funds are paid to Tampa Bay CDC on a fee-for -service basis. The down payment assistance paid by Tampa Bay CDC is reimbursed by the City after submission of a completed file, with the processing fee paid after all mortgage documents are recorded and returned. Tainpa Bay CDC has executed the Agreement (a copy of which has been sent to the City Commission electronically). A detailed description of the policies and procedures of the program is attached to the Agreement in Appendix A. AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO AN AFFORDABLE HOUSING DEVELOPMENT AGREEMENT WITH PINELLAS HABITAT FOR HUMANITY, INC. IN THE AMOUNT OF $30,203.27 Staff requests authorization for the City Manager to enter into a State Housing Initiatives Partnership (SHIP) Land Use Restriction Agreement (L URA), with Pinellas Habitat for Humanity, Inc. in the amount of$30,203.27 for the provision of Affordable Housing Development (AHD) incentives. Pinellas Habitat For Humanity, Inc. is proposing construction ofa 5 Minutes October 5, 2010 1,400 square foot, four bedroom two bath house with a one car garage on the vacant lot located at 221 2nd Avenue SW. Habitat is requesting reimbursement for the cost of the land acquisition as a non-profit long term affordable housing provider. The Community Development Advisory Board (CDAB) approved the Habitat program as part of the City of Largo FY 2010 Community Development Block Grant (CDBG) Action Plan in the amount of $50,000. The City Commission approvedthe revised 2010 CDBG Action Plan by Resolution No. 2001 on November3, 2009. Habitat will initially sell the house to an income - eligible applicant and, if the unit is sold within ten years (Recapture Period), it will require the sale to be to another income eligible household whose incomelevel does not exceed 120 % of the area's gross median income level (established by SHIP each year). If Habitat defaults on this requirement, the funds providedby the City would be paid back in full or in part at the City's discretion to the SHIP program. A copy of the agreement has been sent to the City Commission electronically. RENEWAL OF BID NO. 08 -B -253, LEASING HOLIDAY DECORATIONS FOR LARGO CENTRAL PARK, TO CLARK SALES DISPLAY, INC., IN AN AMOUNT NOT TO EXCEED $4Z000 In FY 2002 staff determined that leasing holiday displays and decorations was the most cost -effective way to provide holiday lights for the City. The City of Largo has leased the large displays for Largo Central Park since then. Leasing decorations eliminates the need for a large capita] investment to purchase the displays, eventual replacement and storage. Leasing also eliminates the maintenance costs for the holiday displays and allows the displays to be changed every few years. This memorandum requests approval to renew the bid for the holiday display in Largo Central Park Street pole decorations are not funded in the FY 2011 budget and budget reductions resulted in a reduced holiday display budget by $10,000. Therefore, this bid renewal is requested in the amount of $47,000, rather than the previous year's amount of $57000. The bid includes the lease, installation, maintenance and removal of approximately 25 holiday displays and a 26 foot decorated Christmas tree in the amount of $47,000. The Invitation for Bid identifies 32 different decorations and a cost for each. Staff will select the decorations for the display from the selection in the proposal. Not all decorations included in the proposal will be selected and the total cost will not exceed $47,000. Four vendors responded to Bid No. 08 -B -253, Holiday Decorations, and one vendor responded with No Bid. The bid tabulation sheet is attached Winterland, Inc. provided the lowest cost for most items included in the bid. However, the vendor would not follow directions provided regarding delivery and required a substantial down payment, thus making them unresponsive. Staff recommends renewal of the bid to Clark Sales Display, Inc. This vendor has provided the City with quality service and products in the past. This is the final year of a three year renewal option with Clark Sales Display, Inc. Staff will be sending an invitation to bid in FY 2012. Motion was made by Commissioner Murray, seconded by Vice Mayor Brown, to approve the Consent Docket without Commission discussion and including staff background provided in the Commission packets. Vote: Voting Aye: Commissioners Black, Murray, Holmes, Arntzen, Crozier, Brown, Mayor Gerard Motion carried 7 -0. 6 Minutes October 5, 2010 PUBLIC HEARINGS None LEGISLATIVE MATTERS RESOLUTION NO. 2025 - AUTHORIZATION TO APPLY FOR FUNDING FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR COMMUNITYWIDE BROWNFIELD ASSESSMENT GRANTS NOT TO EXCEED $400,000 - APPROVED The City of Largo received Florida Brownfield Designation in 2008 for areas that encompass the Largo Community Redevelopment Districts, the commercial corridor of Missouri Avenue, and the City owned properties adjacent to Largo Central Park. Brownfield is the name given to a site or area where real or perceived environmental contamination exists in the soil, surface water, or ground water. These locations are typically redevelopment sites and in many instances present barriers for redevelopment. The Community Development Department's Economic Development Division is seeking authorization to apply for grant funding from the United States Environmental Protection Agency (EPA) to promote the development and revitalization of these areas throughout the City. The EPA is currently accepting applications for the Brownfield Assessment Grant program which provides funding to inventory, characterize, assess and conduct planning and community involvement related to brownfield sites. Specifically the Community Wide Assessment Grant provides applicants with up to $200,000 for assessment of hazardous substances sites and $200,000 for petroleum sites. Allowable uses of grant funding include personnel costs, operational supplies, travel and training, public health outreach and testing, and contractual services for site testing. The program does not require matching funds be provided by the City, and the project period is up to three years from award. Staff has been preparing the application and proposal for the Community Wide Assessment Grant and, with City Commission authorization, plans to submit the application to the EPA the week of October 11, 2010. The City of Largo's proposal includes underwriting of costs for property owners to conduct Phase I and Phase II environmental testing in order to support redevelopment within the City by offsetting some development costs associated with perceived Brownfield properties. Award announcement is anticipated in Spring 2011 and, if selected to receive funding, the City and the EPA would work cooperatively to develop a work plan and final application forms. The EPA advises it can take up to 90 days or longer between notification of selection for the award and the actual award of the grant. The grant would be awarded as a cooperative agreement and the EPA would be substantially involved in overseeing the work performed by the City. City Clerk Bruner read Resolution No. 2025 by title only. Questions: Commissioner Murray questioned whether areas that are determined not to have hazardous substances would have to come out of the designation. Ms. Brydon stated that the designation done was primarily for the redevelopment of the area and that any such area would not be removed. She stated that by getting the designation the City has been able to look for state incentive programs to be better prepared to offer incentives to developers. Ms. Waters stated that it would also mean less dividing up of clean up monies. Motion was made by Commissioner Crozier, seconded by Commissioner Murray, to approve Resolution No. 7 Minutes October 5, 2010 2025. Discussion: None Vote: Voting Aye: Commissioners Black, Murray, Holmes, Amtzen, Crozier, Brown, Mayor Gerard Motion carried 7 -0. APPROVAL OF INTERLOCAL AGREEMENT WITH THE PINELLAS PLANNING COUNCIL FOR PLANNING AND MAPPING SERVICES - APPROVED The Pinellas Planning Council (PPC) has provided planning and mapping services to local governments in Pinellas County for several years. Since the mid 1990's this assistance has been formalized using interlocal agreements with the individual local governments. The planning services agreement with the City of Largo expired on September 30, 2010; the City currently does not have a mapping services agreement with the PPC. Based on action by the PPC on June 16, 2010, planning and mapping service agreements have been consolidated into one agreement. The agreement prepared for the City of Largo is attached to this memo. The fee schedule for planning services is not proposed to be amended; the fee schedule for mapping services is proposed to be revised since it has not been updated since 1994 -1995. If approved by the City Commission, the new interlocal agreement will be for a term of four years, until September 30, 2014. The terms of planning services provided by the PPC would continue as in the earlier agreement; the terms of the mapping services would be new. No funds are currently allocated in the City budget to be expended under this interlocal agreement. Should a project arise where staff believes that the services of the PPC are needed, staff will submit a budget amendment to the City Commission for review and approval. The proposed agreement also includes the City's standard fiscal non - funding clause. Questions: Commissioner Crozier asked whether there will be a cost to the City before services are provided, to which Mr. Klute stated that there will not. He stated that rates are included in Exhibit B. Mayor Gerard stated that the agreement was for services over and above items sent to the PPC for review. Commissioner Black questioned the cost of services rendered in the past year. Mr. Klute stated that the PPC's services have not been used since 2008, when they were asked to assist with the West Bay Drive Plan. Commissioner Black asked whether staff would have a funding source to recommend if staff requests approval to use their services from the City Commission, to which Mr. Klute answered in the affirmative. Vice Mayor Brown questioned whether the rate schedule was similar to the previous agreement. Mr. Klute stated that the planning assistance schedule has not changed, however he was unsure if there were changes to the mapping schedule, as these services have not been used before. Mot was made by Commissioner Arntzen, seconded by Vice Mayor Brown, to approve the interlocal agreement with the Pinellas Planning Council for planning and mapping services. Discussion: 8 Minutes October 5, 2010 None Vote: Voting Aye: Commissioners Black, Murray, Holmes, Arntzen, Crozier, Brown, Mayor Gerard Motion carried 7 -0. ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENTS FROM MEDINVEST COMPANY LIMITED PARTNERSHIP AND REGAL PALMS LIMITED PARTNERSHIP FOR THE COMMUNITY CENTER ROADWAY PROJECT - APPROVED A portion of the Community Center Roadway project will provide for the construction of a new road (the "Avenue of the Palms ") and urban trail through the Palms of Largo complex, connecting Alternate Keene Road and Lake Avenue. The proposed roadway will straddle the common property line of lot two and lot three of the Palms of Largo complex. Lot two (southern lot) is owned by Regal Palms Limited Partnership, and lot three (north lot) is owned by Medinvest Company Limited Partnership ( Medinvest). City staff has successfully negotiated the granting of a temporary construction easement with each property owner and their respective lenders, which will allow for the tie -in of proposed drainage and sidewalk improvements to existing drainage systems and sidewalks located outside of the permanent easement area. The temporary easements are being granted at no cost to the City and will automatically expire at the end of construction. However, all construction activity taking place in the temporary easement areas on the Medinvest property must be completed on or before June 30, 2011 in keeping with the easement terms negotiated with Medinvest's lender. Staff anticipates all construction will be finalized before that established date. Copies of the proposed Temporary Construction Easements, executed by Regal Palms Limited Partnership and Medinvest Company Limited Partnership have been sent to the City Commission electronically. Questions: Mayor Gerard stated her concern for the road providing an opportunity for motorists to drive straight into the Highland Complex, thereby having cut through access to Highland Avenue. Mr. Schubert stated that the road will be designed to provide another means of entering and exiting the Highland Complex but will discourage use as a shortcut. Motion was made by Commissioner Murray, seconded by Commissioner Crozier, to approve acceptance of a temporary construction easement from Medinvest Company Limited Partnership and a Temporary Construction Easement from Regal Palms Limited Partnership for the Largo Community Center Roadway project. Discussion: None Vote: Voting Aye: Commissioners Black, Murray, Holmes, Arntzen, Crozier, Brown, Mayor Gerard Motion carried 7 -0. 9 Minutes October 5, 2010 ACCEPTANCE OF PERMANENT ROADWAY EASEMENTS FROM MEDINVEST COMPANY LIMITED PARTNERSHIP AND REGAL PALMS LIMITED PARTNERSHIP FOR THE COMMUNITY CENTER ROADWAY PROJECT - APPROVED A portion of the Community Center Roadway project will provide for the construction of a new road (the "Avenue of the Palms ") and urban trail through the Palms of Largo complex, connecting Alternate Keene Road and Lake Avenue. The proposed roadway will straddle the common property line of lot two and lot three of the Palms of Largo complex. Lot two (southern lot) is owned by Regal Palms Limited Partnership (Regal Palms), and lot three (north lot) is owned by Medinvest Company Limited Partnership (Medinvest). City staff has successfully negotiated the granting of permanent roadway easements with the property owners, who are collectively represented by The Goodman Group, which will allow for the construction of the new roadway and urban trail as well as landscaping, irrigation, utilities and other associated improvements. The easements permit the City to construct, install and maintain a roadway, sidewalks, drainage and sewer facilities and utilities (including gas, electrical, water, and communication lines) on the identified properties. The City will install landscaping, pedestrian lighting, landscape lighting and irrigation facilities, with maintenance responsibilities for these items to be shared between the parties. The irrigation system will be tied in to the existing irrigation system on the properties. The property owners (The Goodman Group) will be responsible for the maintenance and repair of pedestrian lighting, landscape lighting and irrigation facilities. This responsibility will include paying the electrical and water costs associated with these improvements. In addition, the property owners will be responsible for replacement of landscaping (excluding trees), landscape lighting and irrigation when /if necessary. The City will be responsible for replacement only of trees and pedestrian lighting that is damaged or destroyed beyond repair and not due to the property owners' failure to maintain those items. The City and The Goodman Group have also negotiated sharing the costs for purchase and installation of the landscaping for the Community Center roadway project. The Goodman Group desires to create a seamless look between the Avenue of the Palms project and the existing, surrounding campus. Therefore, the landscaping design incorporates additional and more mature landscaping than is typically included in municipal construction projects. The total cost for the installation of landscaping, including irrigation and landscape lighting, will not exceed $183,000. The Goodman Group has agreed to reimburse the City $100,000 of this amount through a series of four payments of $25,000. The first payment will be made upon completion of the landscaping installation, the second on January 1, 2011, the third on January 1, 2012 and the final payment will occur on January 1, 2013. The responsibilities for maintenance of the landscaping and associated improvements will begin immediately after installation as outlined in this memo. The agreement between the parties regarding payment for landscaping will be memorialized in a letter from the City to Mr. Dan Peterka of The Goodman Group. Copies of the proposed permanent Easement Agreements, executed by Regal Palms and Medinvest have been sent to the City Commission electronically. Questions: None Motion was made by Commissioner Arntzen, seconded by Commissioner Crozier, to approve acceptance of a permanent easement from Medinvest Company Limited Partnership and a permanent easements from Regal Palms Limited Partnership for the Largo Community Center Roadway project including terms and conditions for construction and maintenance of associated improvements. 10 Minutes October 5, 2010 Discussion: None Vote: Voting Aye: Commissioners Black, Murray, Holmes, Arntzen, Crozier, Brown, Mayor Gerard Motion carried 7 -0. STAFF REPORTS None ITEMS FROM CITY ATTORNEY, COMMISSION, MAYOR, CITY MANAGER Commissioner Holmes stated that he requested copies of receipts for beverages purchased for the Cultural Center bar, however he has not received them. He stated that he has not accused anyone of anything and that he wanted the information in his mailbox sometime this week. He stated that he also requested information regarding accreditation of the Recreation, Parks and Arts Department, which he has also not received. He stated that he was told by the City Manager that there was an iron clad agreement for annexing the airport. Mr. Craig stated that there was no such agreement and that he did not tell Commissioner Holmes that there was such an agreement. He stated that there may have been a misunderstanding. He stated that he did tell Commissioner Holmes that there were some annexation agreements and indentures that existed on airport property. Commissioner Holmes stated that he received an email from George at the Golf Course regarding stimulating business at the golf course. He stated that there were some tremendous ideas. He stated that a candidate debate would take place the following night in the Commission Chamber at 6:30. Commissioner Black stated that she wanted to ensure that nothing was being done on the Margaret Manor drainage project until resident concerns have been satisfied. Mr. Craig stated that the project will not begin until staff has advised the City Commission of what will be done. Mayor Gerard stated that the City Commission had a rule, and the Charter provided, that Commissioners not tell staff what to do. She stated that requests are to be made through her to the City Manager and that consensus is required in order to request action. She stated that no one Commissioner can ask staff to assemble information that the rest of the Commission does not want. She stated that it was inappropriate under any circumstances for Commissioners to go to work sites and tell staff what to do. She stated that the procedure for Commissioners to request information was at the end of meetings or during individual meetings with the City Manager. She stated that citizen requests are to go through Shirley Frick or Mr. Craig. She stated that she has let the City Manager and Assistant City Managers know that she did not expect staff to do anything that the City Commission has not asked them to do as a body. Mr. Craig stated that at a previous meeting a staff member indicated that he did not live in the City of Largo. He stated that he has lived in Largo since 1983. Mayor Gerard stated that there has been difficulty in keeping some of the board positions filled and that staff has requested that the City Commission consider reducing the number of board members from seven to five. Commissioner Crozier stated that she would follow staffs recommendations. Mayor Gerard suggested a minimum of five with up to seven members. There was no City Commission objection. Commissioner Black 11 Minutes October 5, 2010 stated that it has been mentioned to her that some of the candidates did not live in Largo. She stated that some had a Clearwater mailing address, as did she, however all have been qualified as being residents of the City. Mr. Zimmet suggested an odd number of board members. Mr. Craig suggested bringing forward only the boards that want to go to five members. Mr. Zimmet stated that the Code Enforcement Board was required by state law to have seven members. Vice Mayor Brown asked whether board membership was more stable when each Commissioner was responsible for appointing a member, to which Mayor Gerard answered in the affirmative. Mr. Zimmet stated that this change came from the Charter Review Committee. He stated that there was nothing to preclude the Mayor from tasking the Commissioners with providing potential appointees. SUMMARY OF ACTION ITEMS None ADJOURNMENT The meeting adjourned at 6:53 pm. Diane L. Bruner, CMC, City Clerk 12 G p P ' Form Revision Date: 10/19/09: * * City of Largo Meetin • Date Agenda Item 7 10/05/10 — C /r �Of PPO Presenter: Leland Dicus P.E., City Engineer Department: CD - Community Development TITLE: AWARD OF BID NO.10 -B -434, TRENCHLESS SANITARY AND STORM SEWER REHABILITATION, TO BLD SERVICES, LLC, INSITUFORM TECHNOLOGIES, INC., LMK PIPE RENEWAL, LLC, MILLER PIPELINE CORPORATION, REYNOLDS INLINER, 1 LLC AND SHENANDOAH GENERAL CONSTRUCTION COMPANY The purpose of this memo is to obtain City Commission approval for the award of Bid No. 10 -B -434, Trenchless Sanitary and Storm Sewer Rehabilitation, to BLD Services, LLC, Insituform Technologies, Inc., LMK Pipe Renewal, LLC, Miller Pipeline Corporation, Reynolds Inliner, LLC, and Shenandoah General Construction Company. Over the past several years, the City of Largo has maintained and repaired the sanitary sewer and storm sewer systems on an annual basis through the use of blanket purchase orders (BPO) with multiple contractors for manhole rehabilitation, trenchless sanitary and storm sewer pipe lining, and emergency repairs. The current bid was expanded to include additional trenchless rehabilitation methods that were not included in prior year bids, including service lateral lining and pipe joint sealing with chemical grout. On August 13, 2010, the City received 10 responsive and responsible submittals for the Trenchless Sanitary and Storm Sewer Rehabilitation bid. City staff has reviewed the bids and are recommending awarding a blanket purchase order to the six firms listed above. Due to the specialized nature of some of the rehabilitation methods, contractors were permitted to only bid on the items that their companies could provide. By awarding blanket purchase orders to the six recommended bidders, the City of Largo will be able to obtain all of the services included in the bid. The agreement has a term of one year, with the option of two additional one year renewal periods. Environmental Services has budgeted $1,500,000 in the FY 2011 budget for maintenance and repair of the sanitary sewer collection and reclaimed water systems. The Streets and Drainage Division of Public Works has also participated in this bid and has budgeted $250,000, in the FY 2011 budget for the repair and maintenance of the stormwater collection system. Budgeted funds are spent on an as needed basis using the blanket purchase orders. Budgeted - — - Budget Page ES -6 Available Expenditure 1 Amount: $1,750,000.00 No(s).: PW'19 Amount: $1'749'998'00 Amount: $0.00 Additional Budgetary Budgeted funds are spent on an as needed basis using the blanket purchase orders. Information: Funding Wastewater Fund Sufficient Budget Source() Drainage Fund Source(s): : Funds OO Yes Amendment O Yes Source: N/A Available: O No Required: OO No Ci ty Attorne y 0 Yes Adv isory Board S 0 For Consistent 0 Yes Reviewed: { 0 N Recommendation: O Against 0 No Wi { Not Applicable OO N/A O4 N/A Oi N/A Potential I MOVE TO APPROVE/DISAPPROVEAWARD OF BID NO.10 -B -434, TRENCHLESS SANITARY AND STORM Motion/ SEWER REHABILITATION, TO BLD SERVICES LLC, INSITUFORM TECHNOLOGIES INC., LMK PIPE Direction RENEWAL LLC, MILLER PIPELINE CORPORATION, REYNOLDS INLINER LLC, SHENANDOAH GENERAL Requested: CONSTRUCTION COMPANY. 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