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11-07-2011 Voting Order Councilwoman Bennington Councilman Ignasiak Councilman Cooper Mayor Thomas Councilman Kennedy AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING NOVEMBER 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 — September 12, 2011 b. Regular Meeting — September 26, 2011 3. PRESENTATIONS / PROCLAMATIONS /PLAQUES /CERTIFICATES/DONATIONS a. Theresa Rogers, YMCA — thanking City for their support of the Southeast Volusia YMCA. 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 — None at this time 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. City Council Agenda November 7, 2011 Page -2- 8. PUBLIC HEARING, ORDINANCES AND RESOLUTIONS a. l Reading — Ordinance No. 2011 -0 -15 — Amending and Restating Article III (Permitted, Conditional, Accessory and Prohibited Uses) of the Land Development Code. (This item was continued from the October 17, 2011 meeting) b. 2 " Reading — Ordinance No. 2011 -0 -16 — Amending and Restating Article VI (Sign Regulations) of the Land Development Code. c. Resolution No. 2011-R-21 - Amending the By -Laws of the Library Board. d. Resolution No. 2011 -R -23 — Modifying the administrative fees to the Schedule of costs /fees relating to the City of Edgewater Code of Ordinances. 9. BOARD APPOINTMENTS — None at this time 10. OTHER BUSINESS a. Steve Holmes, agent for the Edgewater Rotary, requesting the permit fee be waived for a Special Activity permit for the Edgewater Rotary Cow Meadow Bingo event to be located at the Edgewater Ranch at the Southeast corner of the I -95 and S.R. 442 intersection. b. Affirmation of the Construction Board of Adjustment and Appeals Order of Condemnation of a structure located at 1017 36 Street. 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 December 5, 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. .1a AGENDA REQUEST Date: October 26, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT November 7, 2011 BUSINESS ITEM DESCRIPTION: IVR System Agreement with Selectron Technologies, Inc to Configure an Interactive Voice Response System. BACKGROUND: One of the challenges that Finance is faced with today is trying to provide efficient and effective customer service to all customers who call into City Hall. Since the recession, more customers are waiting until the due date to pay their water bills thus creating large volumes of telephone calls that are becoming more challenging to answer in a timely manner. For example on a bill due day or cutoff day for nonpayment it is not unusual to have an increase of 75 -100 calls with lines on hold while staff are assisting other customers. Additionally, on these busy days other departments assist with the calls and forward messages to Finance for return calls. Due to budget constraints staff looked for different ways on how to handle the large volumes of calls and improve customer service. After speaking with other cities and our financial software vendor staff researched a technology called Interactive Voice Response (IVR) for the phone system. During the budget meetings in September staff explained the challenges to Council and proposed the IVR project as a solution. City Council approved appropriations in the FY 2012 Budget for the IVR system. The funding for this project will come from the General, Water and Sewer, and Refuse and Stormwater funds. The annual service will be covered by the cost allocation to the MIS Fund. The annual service fees for the IVR system will be covered by savings resulting from outsourcing of the printing contract for utility bills. STAFF RECOMMENDATION: Staff recommends approving the agreement with Selectron Technologies an approved supplier of SunGard H.T.E. for $52,900 with annual maintenance being covered by MIS thru the cost allocation for the Interactive Voice Response System. ACTION REQUESTED: Motion to approve entering into the agreement with Selectron, Inc. and authorize the City Manager to execute the associated contract documents. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES _ NO x DATE: AGENDA ITEM NO. Restectfull ubmitted, / Concurrence: J;T'athan C. McKinney 1 Robin Matusick inance Director Paralegal �4 ‘ 111 racey :!rlow City Manager F r, I , S Account balance Intl (614N20011) . r ., Ole Ede Commands Help ^' kk ' u mIMneitcr Mit JC 4E:roe its Navifma 4' S , 001 5 5 580 : 10 111 A ccount n tier r Account i nformation Project Dale • ,/ jejtjetpromjpai 4. MACHINERY & EQUIPMENT / MACHINERY & EQUIPMENT Project Entry Optional 1 Encumbrances Fiscal year: 2012 Dr I - II Pre-encumbrance Padget: 125,522,00 "I • Transactions t Committed; 29,592.W # - In Detail by date _ 0 Balance 95,933.00 iii Detail by code ATrl`. r'Ir' gel' —® Detail by year E, ,,P ;r. I - • Pending by date ... _. - — Pending by code Account Balance by Period II Pending byyear !! y Payment lnlormatb • Procurement car Cumulative I. Vendor (* indicates pending) T Period /Month Actuals Totals C II Total I 5. 01 October W 4 02 November I ��ci 4 03 December 0 E , gw Q 0a January DO .,,a Pdmt „ .. f Camcel r ....„., kExii per Bi �6Cda F:?Inr brain a;m ^ _. _. - .g 1.00 I Pr u,rl ,y -�` 30600.00 i i.,. ee„ - ,_ _,� u 0? er E I i! rr 3.00 P0 INTERACTIVE V000? RESPONSE SYSTEM FOR CITY RO 53400.00 Next awn.] � 4.00 PROP D +r __- u 00OP b.. 6 z 2011 ( e fr,, .,. to Sher:a, to 5h 20 la R.Qaten Acoo eatacbv... Penaeg trans. m. .o. CIC Call.mdb 0 Images m F Fig Dutl3elal4M.a_ ro Tot:Nedra 3 TimenMes IM .%'' co M?iOe.e r NEYJ.,, n _ _ Login seal. [ .O vv, Wurk,t Gt .. V ` VW YIYZa C , SharfFs PfN.., „• ! o• III Selectron T E C H N O L O G I E S , INC. PROFESSIONAL SERVICES AGREEMENT This Agreement is between Selectron Technologies, Inc., an Oregon corporation and its successors or assignees ( "Company ") and the undersigned the City of Edgewater, Florida (the "Customer "). 1. Engagement of Services. 3.2 Change Requests. Company may from time to time issue a Scope of Work in the Customer agrees to the Scope of Work as set forth in Exhibits form attached to this Agreement as Exhibits A and B. Subject A and B. If there is a reduction in scope to Exhibits A or B after to the terms of this Agreement, Company will render the Company has committed resources to the Project, Customer services set forth in the Scope of Work accepted by Customer agrees to pay the full amount set forth in Exhibit A. However, (the "Project "). The manner and means by which Company if, during the course of a Project, Customer wishes to increase or chooses to complete the Project are in Company's sole modify the Scope of Work (other than a proposed reduction discretion and control. Customer will make its facilities and in the amount of services provided), Company shall provide equipment available to Company when necessary. Company, Customer with a modified fee estimate. If Customer accepts the in its sole discretion, may have the services performed by a modified estimate, Company will perform the Project according Third Party /Independent Contractor, provided that any such to the modified specifications after a purchase order has been Third Party /Independent Contractor agrees in writing to the provided to the company. If Customer rejects the modified terms of this Agreement. estimate, Company shall have no obligation to perform the modified Project. 2. Hardware. Pursuant to this Agreement, and in combination with any 4. Independent Contractor Relationship. Company Software (which shall be licensed pursuant to a Company's relationship with Customer will be that of an separate Software License Agreement), Company shall provide independent Contractor and nothing in this Agreement should Customer with third -party hardware for use with Company be construed to create a partnership, joint venture, or Software (the "Hardware), as set forth in Exhibits A and B (if employer - employee relationship. Company is not the agent of any). Customer and is not authorized to make any representation, contract, or commitment on behalf of Customer. Company wit The Customer is entitled to all manufacturer warranties as not be entitled to any of the benefits, which Customer may they apply to the specific hardware provided. Manufacturer make available to its employees, such as group insurance, profit Warranty dates are based solely on the specific manufacturer sharing or retirement benefits. Company will be solely terms and conditions. The manufacturer warranties are responsible for all tax returns and payments required to be filed provided in addition to the services included in the Support with or made to any federal, state or local tax authority with and Maintenance Agreement. respect to Company's performance of services and receipt of fees under this Agreement. 3. Compensation. 5. Proprietary Information. 3.1 Standard Compensation. Both parties agree during the term of this Agreement and Customer will pay Company a fee for services rendered under thereafter that they will take all steps reasonably necessary to this Agreement as set forth in the Project(s) undertaken by hold the other party's Proprietary Information in trust and Company. Customer shall be responsible for all expenses confidence, will not use Proprietary Information in any manner incurred within Exhibit A of this Agreement. Customer will be or for any purpose not expressly set forth in this Agreement, responsible for all expenses, with prior written approval, outside and will not disclose any such Proprietary Information to any Exhibit A of this Agreement. Upon termination of this third party without first obtaining the disclosing party's express Agreement for any reason, Company will be paid fees and written consent on a case -by -case basis. By way of illustration expenses on a proportional basis as stated in the Scope of Work but not limitation "Proprietary Information" includes (a) trade for work which is then in progress, to and including the effective secrets, inventions, mask works, ideas, processes, formulas, date of such termination. All returned hardware is subject to a source and object codes, data, programs, other works of authorship, 15% restocking fee. Unless other terms are set forth in the know -how, improvements, discoveries, developments, designs and Scope of Work for work which is in progress, Customer will pay techniques (hereinafter collectively referred to as "Inventions "); and Company for services and will reimburse Company for (b) information regarding plans for research, development, new previously approved expenses within thirty (30) days of the date products, marketing and selling, business plans, budgets and of Company's invoice. unpublished financial statements, licenses, prices and costs, suppliers and customers; and (c) information regarding the skills Revised 10/08 and compensation of other employees of the disclosing party. total cumulative liability in connection with this Agreement Notwithstanding the other provisions of this Agreement, nothing and the services provided hereunder, whether in contract or will be considered to be Proprietary Information if (1) it has tort or otherwise, will not exceed the amount of fees paid to been published or is otherwise readily available to the public Company hereunder. Customer acknowledges that the fees other than by a breach of this Agreement; (2) it has been reflect the allocation of risk set forth in this Agreement and rightfully received by the receiving party from a third party that Company would not enter into this Agreement without without confidential limitations; (3) it has been independently these limitations on its liability. developed for the receiving party without reference to the disclosing party's Proprietary Information; or (4) it was known to 8. Indemnification. the receiving party prior to its first receipt from the disclosing To the maximum extent permitted by law, each party will party. indemnify and hold harmless the other party, its officers, directors, employees, sub licensees, customers and agents from 6. Representations and Warranties. any and all claims, losses, liabilities, damages, expenses and Both parties hereby represent and warrant that (a) they have costs (including attorneys' fees and court costs) which result full right and power to enter into and perform this Agreement, from a breach or alleged breach of any representation or (b) they will take all reasonable precautions to prevent injury to warranty (a "Claim ") set forth in Section 6 of this Agreement. any persons (including employees of the other party) or damage to property (including the other party's property) during the 9. Network Security Disclaimer term of this Agreement. Company warrants that any Hardware provided pursuant to this Agreement shall operate in good 9.1 Internet Security. working order for a period of one year from the date of the Company's products may include software that connects to Second Invoice, as that term is defined in Exhibit A. Any changes the Internet. The software is designed to operate within or modifications to the Hardware by any person other than Customer's secure network environment. Specifically the Company voids this limited warranty. software relies fully on the Customer's security measures and implements no further security infrastructure. Company The express warranties above are in lieu of all other makes no representations or warranties to Customer warranties, express, implied or statutory, arising from or regarding any 3rd party technologies or service's ability to related to this agreement and any hardware provided meet Customer's security or privacy needs. This includes but hereunder, including, but not limited to any implied is not limited to operating systems, database management warranties of merchantability, fitness for a particular systems, web servers, and payment processing services. purpose, title, and non - infringement of third party rights. Customer is solely responsible for ensuring a secure network Customer acknowledges that it has relied on no warranties environment. other than the express warranties in this agreement. This warranty disclaimer is made regardless of whether Company 9.2 Remote Access Security. knows or has reason to know of Customer's particular needs. In order to enable development, customer support, and No Company employee, agent, or dealer is authorized to maintenance of the system, Company requires remote access modify this limited warranty, or make any additional capability. Remote access is normally provided by installing warranties. PC- Anywhere, ControllT, or other industry standard remote access software. It may also be provided through a customer 7. Customer Remedies solution such as VPN access. Regardless of what method is Company and its suppliers entire liability and Customer's used to provide remote access, or who provides remote access exclusive remedy for breach of this limited warranty shall be, software, it is the Customer's responsibility to ensure that the at Company's option, either (a) comply with the Agreement (b) remote access method meets Customer's security return of the price paid for the module or component of non- requirements. Company makes no representations or compliant Software, or (c) replacement of the non - compliant warranties to Customer regarding the remote access Software. The foregoing warranty is void if failure of the software's ability to meet Customer's security or privacy Software results from accident, abuse, or misapplication. Any needs. Company also makes no recommendation for any replacement Software will be warranted for the remainder of specific package or approach with regard to security. the original warranty period or thirty (30) days, whichever is Customer is solely responsible for ensuring a secure network longer. Outside the United States, neither these remedies nor environment. any product support services offered by Company are available without proof of purchase from an authorized non- 10. Termination. U.S. source. Either party may terminate this Agreement at any time that there is no uncompleted Project in effect upon fifteen (15) days' prior To the maximum extent permitted by law, in no event will written notice to other party. The parties agree that Customer's Company be liable for any consequential, indirect, exemplary, failure to pay any undisputed fees is a material breach of this special or incidental damages, including any lost data and lost Agreement. profits, arising from or relating to this Agreement. Company's Revised 10/08 11. Government Contracts. may change its address by giving notice of the new address to In the event that Company shall perform services under this the other party. Agreement in connection with any Government contract in which Customer may be the prime contractor or 12.4 Attorneys' Fees. subcontractor, Company agrees to abide by all laws, rules and In the event of litigation between Customer and Company regulations relating thereto. To the extent that any such law, concerning the Hardware or this Agreement, the prevailing rule or regulation requires that a provision or clause be party in the litigation shall be entitled to recover attorneys' fees included in this Agreement, Customer agrees that such and expenses from the losing party. provision or clause shall be added to this Agreement and the same shall then become a part of this Agreement. 12.5 Injunctive Relief. A breach of any of the promises or agreements contained in this 12. General Provisions. Agreement may result in irreparable and continuing damage to Company for which there may be no adequate remedy at law, 12.1 Governing Law and Venue. and Company is therefore entitled to seek injunctive relief as This Agreement will be governed by the laws of the State of well as such other and further relief as may be appropriate. Florida. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. 12.6 Survival. Any action or proceeding arising from or relating to this Section 5 ( "Proprietary Information "), 6 ( "Representations and Agreement must be brought in the federal or state court Warranties "), 7 ( "Customer Remedies "), 8 ( "Indemnification "), 9 located in Volusia County, Florida. ( "Network Security Disclaimer"), 10 ( "Termination ") and 12 ( "General Provisions ") will survive expiration or termination of 12.2 Severability. this Agreement for any reason. If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the 12.7 Waiver. objectives of such provision to the greatest extent possible All waivers must be in writing. Any waiver or failure to enforce under applicable law and the remaining provisions will continue any provision of this Agreement on one occasion will not be in full force and effect. Without limiting the generality of the deemed a waiver of any other provision or of such provision foregoing, Customer agrees that Section 7 will remain in effect on any other occasion. notwithstanding the unenforceability of any provision in Section 6• 12.8 Entire Agreement. This Agreement and the attached Exhibits, which are 12.3 Notices. incorporated herein by reference, constitute the entire All notices, consents and approvals under this Agreement must agreement between the parties regarding the subject hereof be delivered in writing by courier, by electronic facsimile (fax), and supersedes all prior or contemporaneous agreements, or by certified or registered mail, (postage prepaid and return understandings, and communication, whether written or oral. receipt requested) to the other party at the address set forth This Agreement may be amended only by a written document beneath such party's signature, and will be effective upon signed by both parties. The terms on any purchase order or receipt or three (3) business days after being deposited in the similar document submitted by Customer to Company will mail as required above, whichever occurs sooner. Either party have no effect. Revised 10 /08 In Witness Whereof, the parties have caused this Agreement to be executed by their duly authorized representative. Selectron Technologies, Inc. Customer: By: Todd A. Johnston By: Signed: Signed: Title: President Title: Date: Date: Address: 7405 SW Tech Center Drive, Suite 140 Address: Portland, OR 97223 Revised 10/08 Exhibit A SCOPE OF WORK VoiceUtility Interactive Voice Response Base Solution (4 Port) $47,900 Included Functionality: • Current Balance Owed • Transaction Logging • Last Billing Date and Amount • VoiceUtility Reporting Module • Next Billing Date • Four (4) Licensed HMP Ports • Last Payment Date and Amount • Four (4) Port Dialogic Media Gateway Included Fax and Email Functionality: • Payment History • Last Payment Date and Amount • Billing History • SmartDelivery • Account Status Detail Included Payment Processing Functionality: • Credit Card Payment Processing • Real Time Payment Posts • Supports Standard Payment Gateways • Transaction Reporting Solution Design & Development Included Selectron Project Management Included On -Site Installation, Travel Expenses & Training Included 12 Month Warranty on Selectron Technologies Provided Hardware & Software Included (Begins Upon Completion of On - Site Installation) System Documentation Included VoiceUtility Hardware & Software (Includes Setup & Configuration) ProLiant DL 380 G7 Enhanced Rack -Mount Server 5,000 • Intel Xeon Quad -Core 2 GHz Processor • Microsoft Windows 2008 Server • 4 GB RAM • Redundant Hot Plug Power Supply • Three (3) 146GB SCSI Hard Drives (Hot Plug) • Redundant Cooling Fans • RAID 5 (Striped + Parity) SCSI Controller • CD ROM, 56K Modem & 1GB NIC Cost for VoiceUtility '' $52,900 Required Items Not Included in Selectron Technologies VoiceUtility Base System • Phone Lines & Network Services Required to Support the Installation • Required Host Interface (Please Contact SunGard HTE for Pricing for 'VC -CIS Voice Response Selectron Interface') • Required Host Interface (Please Contact SunGard HTE for Pricing for'CX /IVR -CIS IVR Credit Card Interface') • SQL DB2 Tool Kit (Should be Obtained Through SunGard HTE with the Purchase of Host Interface) • Host Interface Components Must Be Installed and Functioning Prior to On -Site Installation • The Payment Processing Module Does Not Include Merchant Account Provider Costs or Associated Fees, Payment Gateway Costs or Fees Revised 1/07 PAYMENT SCHEDULE 25% Invoiced at time of execution of contracts 50% Invoiced at completion of on -site installation 20% Invoiced 30 days after on -site installation 5% Invoiced upon final acceptance The initial invoice is sent at completion of contract negotiations and upon receipt of purchase order enables Company to purchase necessary hardware, fund on -site expenses and invest the technical support hours to design and develop the application for your jurisdiction. The second invoice is sent at the completion of the on -site installation and training phase of the implementation, or when the system is available for customer testing at customer site. PremierPro Support and Maintenance Plan services begin on this date (Service Date). The third invoice is sent 30 days after the completion of the on -site installation, which will give the customer the opportunity to carefully test all functions and requirements as defined by the contract and agreed upon call flows. It is the customer's responsibility to supply adequate staff to ensure full testing is completed in a period not to exceed thirty days. The final invoice is sent after the system has completed the Final Testing and Acceptance. Company will have resolved all issues found during the last phase of testing. If completion of the Final Testing and Acceptance is delayed beyond 30 days, and is not due to any fault of Company, the payment will become immediately due. Phased Implementation: When a phased implementation is mutually agreed to, the same payment terms will be applied to each phase. Taxes: Sales Tax or any other applicable taxes are not included in any of this proposal's pricing information. If Sales tax or any other tax becomes applicable, these taxes will then need to be added to the proposed pricing. Payment Terms: Terms are net 30 from date of invoice. Past due invoices are subject to a 1.5% per month late fee. Revised 1/07 ADDITIONAL INFORMATION Additional Remote Administrator Licensing: The system is delivered licensed for 2 installations of the administrator application. Deployment includes one installation on the Application Server and the second on a desktop used by the system administrator. Additional Remote Administrator seats can be licensed for $250.00 per installation. Time - and - Materials Billing Rates: Company will provide custom programming and non - warranty maintenance customer support on a time -and- materials basis. Requested design, programming, testing, documentation, implementation work, and customer support approved by Company will be performed at our then current standard published billing rates. Company will issue a quote and scope of work to the customer. A purchase order must be issued before work can be scheduled or begin. Additional Training and On -Site Support: All travel and associated expenses for the on -site installation work during the initial setup are included in the Base System price. If the customer requests additional on -site work, travel and out -of- pocket expenses will be billed at $1,750.00 per day (minimum of 2 days) with at least 15 -day notice. If 8 -14 days advance notice is provided the rate increases to $2,000.00 per day and if the notice is less than 7 days the rate increases to $2,500.00 per day. If changes are made to a travel schedule after plans are confirmed, the Customer is responsible for any change fees or price changes incurred for airfare, hotel or car rental. On -Going Support: The Customer has the option of extending the PremierPro Support and Maintenance Plan services upon expiration of the included 12 month period, at which time Annual Support and Maintenance fees are due. The PremierPro Support and Maintenance Agreement details the scope of services and pricing associated with your implementation. Revised 1/07 Exhibit B STATEMENT OF WORK Revised 1/07 Selectron TECHNOLOGIES, INC. Software License Agreement This Selectron Technologies, Inc. ( "Company ") Software License Agreement ( "SLA ") is a legal agreement between the City of Edgewater, Florida ( "Customer ") and Company for the software provided to Customer by Company, which includes computer software and associated media and printed materials, and may include "online" or electronic documentation ( "Software "). By signing below, and /or by installing, copying, or otherwise using the Software, Customer agrees to be bound by the terms of this SLA. 1. Grant of License. support only. That server must have the same number of Subject to the terms of this SLA, Company grants to processors as the active server, or fewer. Customer, as the only end -user, a perpetual, non - exclusive, non - transferable (except as specifically set forth herein), Notice to Users. Customer shall inform all users of the non - assignable, limited license (the "License ") to install the Software of all terms and conditions of the SLA. Software for which Customer has paid a license fee subject to the terms and conditions of this SLA. The License entitles 3. Copyright. Customer to use the Software at its principal place of The Software is licensed, not sold. Title and copyrights in business on a single computer or as specifically identified in and to the Software (including any images, "applets," the Professional Services Agreement, solely for Customer's photographs, animations, video, audio, music, and text internal business use. A license for each active server, test incorporated into the Software), accompanying printed server, or active fail -over server must be expressly materials, and any copies Customer is permitted to make purchased for the server's specific use. Except as otherwise herein are owned by Company or its suppliers and are notified by Company, the Software may not be used in protected by United States copyright laws and international connection with any software not acquired from Company treaty provisions. Therefore, Customer must treat the specifically for use with the Software. Software like any other copyrighted material (e.g., a book or musical recording) except that Customer may either (a) As part of the deliverables the Company utilizes certain make one copy of the Software solely for backup or archival Runtime - Restricted Use Software. Attached as Exhibit A are purposes, or (b) transfer the Software to a single hard disk, those applicable End User License Agreements required by provided Customer keeps the original solely for backup or third party licensor(s) to be delivered to Customer. archival purposes. Customer may not copy the printed materials accompanying the Software without Company's 2. Other Rights And Limitations. prior written approval. Customer may not rent, lease, distribute, sell, assign, pledge, sublicense, loan, timeshare or otherwise use the 4. Dual - Media Software. Software for the commercial benefit of third parties, but Customer may receive the Software in more than one Customer may transfer the Software on a permanent basis, medium. Regardless of the type or size of media Customer provided Customer retains no copies and the recipient receives, Customer may use only the single medium that is expressly agrees in writing to the terms of this SLA. appropriate for Customer's single computer. Customer may not use or install the other media on another computer. Limitation on Reverse Engineering, Decompilation, and Customer may not loan, rent, lease, or otherwise transfer Disassembly. Customer may not reverse engineer, the other media to another user, except as part of the decompile, translate, or disassemble the Software, except permanent transfer of the Software. and only to the extent that applicable law notwithstanding this limitation expressly permits such activity. 5. Export Restrictions. The Software is subject to the export control laws of the Other Use Restrictions. Customer may not use the Software United States and other countries. Customer may not export for any purpose other than for use on Customer's own or re- export the Software without the appropriate United internal computer networks, as set forth in this SLA. A copy States and foreign government licenses. Customer must of the Software in machine readable format solely for otherwise comply with all applicable export control laws and backup or archival purposes is permitted. shall defend, indemnify and hold Company and all its suppliers not liable from any claims arising out of A passive fail -over server is permitted under this grant of Customer's violation of such export control laws. Customer license. The Customer may install one extra copy of the further agrees to comply with the United States Foreign server software on a passive server for temporary fail -over Corrupt Practices Act, as amended. Revised 10/08 6. Representations and Warranty. Company makes no representations or warranties to Company warrants that the Software will perform Customer regarding any 3rd party technologies or service's substantially in accordance with the Statement of Work ability to meet Customer's security or privacy needs. This provided for a period of one year from the date of the includes but is not limited to operating systems, database Second Invoice, as that term is defined in the Professional management systems, web servers, and payment Services Agreement, Exhibit A. Any changes or modifications processing services. Customer is solely responsible for to the Software by any person other than Company voids ensuring a secure network environment. this limited warranty. 8.2 Remote Access Security. THE EXPRESS WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER In order to enable development, customer support, and WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARISING FROM OR maintenance of the system, Company requires remote RELATED TO THIS AGREEMENT AND ANY SOFTWARE PROVIDED access capability. Remote access is normally provided by HEREUNDER, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES installing PC- Anywhere, ControllT, or other industry OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND standard remote access software. It may also be provided NON - INFRINGEMENT OF THIRD PARTY RIGHTS. CUSTOMER through a customer solution such as VPN access. Regardless ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN of what method is used to provide remote access, or who THE EXPRESS WARRANTIES IN THIS AGREEMENT. This warranty provides remote access software, it is the Customer's disclaimer is made regardless of whether Company knows or responsibility to ensure that the remote access method had a reason to know of Customer's particular needs. No meets Customer's security requirements. Company makes employee, agent, dealer or distributor of Company's is no representations or warranties to Customer regarding the authorized to modify this limited warranty, or make any remote access software's ability to meet Customer's additional warranties. security or privacy needs. Company also makes no recommendation for any specific package or approach with 7. Customer Remedies. regard to security. Customer is solely responsible for Company and its suppliers entire liability and Customer's ensuring a secure network environment. exclusive remedy for breach of this limited warranty shall be, at Company's option, either (a) comply with the 8.3 Outbound Services Disclaimer. Agreement (b) return of the price paid for the module or Outbound Services are intended to create additional component of non - compliant Software, or (c) replacement methods of communication to the Customer's end user in of the Software. The foregoing warranty is void if failure of support of existing processes. These services are not the Software results from accident, abuse, or intended to replace all interaction with Customer's end user misapplication. Any replacement Software will be warranted or become critical path. While the Outbound Services have for the remainder of the original warranty period or thirty been created with the best available tools and practices, (30) days, whichever is longer. Outside the United States, they are dependant on infrastructure that is inherently not neither these remedies nor any product support services fail -proof — software, computer hardware, network services, offered by Company are available without proof of purchase telephone services, e-mail, etc. Examples of situations that from an authorized non -U.S. source. could cause failure include: down phone lines, all lines busy, equipment failure, email address changes, internet service To the maximum extent permitted by applicable law, In no disruptions, etc. For this reason; while Outbound Services event will Company be liable for any consequential, indirect, are valuable in providing enhanced communication; they are exemplary, special or incidental damages, including any lost specifically not designed to be used as the sole method to data and lost profits, arising from or relating to this SLA. deliver critical messages. Customer acknowledges that it is Company's total cumulative liability in connection with this aware of the potential hazards associated with relying on an SLA and the Software, whether in contract or tort or automated outbound service feature and understands that otherwise, will not exceed the amount of License Fees paid it is giving up in advance any right to sue or make any claim to Company hereunder. Customer acknowledges that the against Company if Customer, or Customer's end users, License Fees reflect the allocation of risk set forth in this SLA suffer injury or damage due to the failure of Outbound and that Company would not enter into this SLA without Services to operate, even though Customer does not know these limitations on its liability. what or how extensive those injuries or damages might be. 8. Network Security Disclaimer 9. U.S. Government End Users. The Software is a "commercial item ", as that term is defined 8.1 Internet Security. at 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial Company's products may include software that connects to computer software and "commercial computer software the Internet. The software is designed to operate within documentation ", as such terms are used in 48 C.F.R. 12.212 Customer's secure network environment. Specifically the (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R software relies fully on the Customer's security measures 227.7202 -1 through 227.7202 -4 (June 1995), the Software is and implements no further security infrastructure. licensed to any U.S. Government End Users (i) only as a Revised 10/08 commercial end item and (ii) with only those rights as are under applicable law and the remaining provisions will granted to all other end users pursuant to the terms and continue in full force and effect. Without limiting the conditions herein. Manufacturer is Selectron Technologies, generality of the foregoing, Customer agrees that Section 7 Inc., 7405 SW Tech Center Drive, Suite 140, Portland, will remain in effect notwithstanding the unenforceability of Oregon 97223, USA. any provision in Section 6. 10. Support and Maintenance. 12.3 Contact Information. Customer may purchase Support and Maintenance by Should Customer have any questions concerning this SLA, or entering into a separate Support and Maintenance if Customer desires to contact Selectron Technologies, Inc. Agreement. for any reason, please contact us at: Selectron Technologies, Inc., 7405 SW Tech Center Drive, Suite 140, Portland, 11. Terms And Termination. Oregon 97223, USA; www.stigov.com. This SLA shall continue indefinitely, unless terminated earlier in accordance with this Section 11. Customer may 12.4 Attorneys' Fees. terminate this SLA at any time by returning or deleting all In the event of litigation between Customer and Company copies of the Software in Customer's possession and concerning the Software or this SLA, the prevailing party in providing Company written notice that Customer has done the litigation shall be entitled to recover attorneys' fees and so. (No refund will be provided upon such termination). expenses from the losing party. Company may terminate this SLA (and Customer's right to continue to use the Software hereunder) immediately upon 12.5. Confidentiality. written notice if Customer breaches a material term or The Software contains trade secrets and proprietary know - condition of this SLA, including Customers failure to pay fees how that belong to Company and is being made available to when due. Sections 3, 5, 6, 7, 8, 10, 11, and 12, shall survive Customer in strict confidence. ANY USE OR DISCLOSURE OF any termination of this SLA. THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH 12. General Provisions. THIS SLA, I5 STRICTLY PROHIBITED AND IS ACTIONABLE AS A VIOLATION OF COMPANY'S TRADE SECRETS. 12.1. Governing Law. This Agreement will be governed by the laws of the State of 12.6 Entire Agreement. Florida. The United Nations Convention on Contracts for the This SLA including exhibits and associated Statements of International Sale of Goods does not apply to this Work constitute the entire agreement between the parties Agreement. Any action or proceeding arising from or regarding the subject hereof and supersedes all prior or relating to this Agreement must be brought in the federal or contemporaneous agreements, understandings, and state court located in Volusia County, Florida. communication, whether written or oral. This SLA may be amended only by a written document signed by both 12.2 Severability. parties. The terms on any purchase order or similar If any provision of this SLA is unenforceable, such provision document submitted by Customer to Company will have no will be changed and interpreted to accomplish the effect. objectives of such provision to the greatest extent possible Revised 10/08 In Witness Whereof, the parties have caused this Agreement to be executed by their duly authorized representative. Selectron Technologies, Inc. Customer: By: Todd A. Johnston By: Signed: Signed: Title: President Title: Date: Date: Address: 7405 SW Tech Center Drive, Suite 140 Address: Portland, OR 97223 Revised 10 /08 II Selectron TECHNOLOGIES, INC. PremierPro Support and Maintenance Agreement This Support and Maintenance Agreement (this "Agreement ") is entered into upon commencement of the Service Date between Selectron Technologies, Inc. ( "Company ") and the City of Edgewater, Florida ( "Customer "). For the fees specified below, Company will provide to Customer support and maintenance for the Products, as outlined below and as set forth in Exhibit A. for the term of the Agreement. 1. Term: 5. Support and Maintenance: a) The Term of this Agreement shall commence upon the The fee for PremierPro Support includes: issuance of the Second Invoice (as that term is defined in a. Telephone Support for general use questions the Professional Services Agreement, Exhibit A) of the during normal business hours (6:00 a.m. to 5:00 Company product(s) to which this Agreement relates (the p.m. Pacific Time, Monday through Friday). "Products "), and shall end on the last day of the twelfth b. Use of Company's Toll Free Number month. A list of the Products is attached as Exhibit A. c. On -Line technical diagnostic support d. Software correction upgrades b) If this Agreement is entered into after the e. 1 business day relief goal commencement of the Service Date or subsequent f. 24 Hours, 7 days per week, 365 days per year support periods, the Customer will be charged for the support for emergency (system down or entire Term beginning on the Service Date. inoperable) calls g. Development work necessary to support 2. Renewal: standard version updates to your Host database a) The Term of this Agreement will automatically renew (i.e. land management software, utility billing for successive terms of one year each unless either party software, etc...) and back -end database. This gives written notice of non - renewal prior to thirty (30) requires two (2) weeks notice prior to planned days before the end of the then - current term. system upgrade in order to accommodate scheduling of resources. Please contact support@STlgov.com to schedule. b) The Customer shall maintain continuous coverage of its support contracts in order to be eligible for telephone h. Quarterly Proactive System Review. Selectron support, and other services provided hereunder. If this will perform the following system diagnostics Agreement is not renewed and the Customer later decides and create a history file and notify the primary to reinstate support services, the Customer must pay all Customer contact with the results of these fees that would otherwise have been paid had this actions: Agreement been renewed without interruption. 1. Assess the current machine resources including memory, processor, and disk - space utilization c) The Customer may request concurrent expiration dates 2. Examine log files including error logs to for support agreements purchased at different times of identify any anomalous entries the year. The Customer must work directly with Company 3. Apply current validated software to adjust (prorate) their support coverage so the terms of updates to the operating system, all such agreements expire concurrently. device drivers, and database server software. 3. Termination: i. 'Out -of- cycle' critical updates. Updates that This Agreement may be terminated by either party upon meet these criteria are failures that might be ninety (90) days written notice to the other party. Upon likely to cause hardware damage, system termination by Company without cause or by Customer for unavailability, data corruption, or severe data material breach, Company will refund any fees paid for vulnerability. months subsequent to termination. Non - emergency calls made after normal business hours 4. Fees: will be billed at an hourly rate of 1.5 times the current day The Customer shall prepay Company an annual fee for the labor rate, with a two hour minimum charge. support services as set forth in Exhibit A. Revised 10/08 6. Support Services: $500.00 per contact. Only Customer's customer support Company shall provide customer support for technical contacts may contact Company for support services. problems that occur when using the Products. This Agreement does not include support of the following Customer's customer support contacts are as set forth on items: Exhibit A. Customer may change its customer support contacts upon 30 days written notice to Company. a) Altered or modified Software not performed by Company. 11. Warranty Disclaimer: b) Hardware replacement or software errors as a result TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE of causes beyond Company's reasonable control. LAW, THE PRODUCTS AND SERVICES PROVIDED c) Version Upgrades of Host or backend database HEREUNDER ARE PROVIDED TO CUSTOMER AS IS" AND software. COMPANY AND ITS SUPPLIERS DISCLAIM ALL OTHER d) Direct support for the required Application Program WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, Interface either purchased or procured as part of the BUT NOT LIMITED TO, IMPLIED WARRANTIES OF integrated solution. MERCHANTABILITY AND FITNESS FOR A PARTICULAR e) Enhancements, replacements, or modifications to PURPOSE, TITLE AND NONINFRINGEMENT OF THIRD current versions performed at the Customer's request PARTY RIGHTS. This limitation on liability is made and not intended to resolve a product failure. regardless of whether Company knows or had a reason to f) Services, support, and configuration of passive fail- know of Customer's particular needs. No employee, over server (unless expressly purchased and listed in agent, dealer or distributor of Company is authorized to Exhibit A). modify this limited warranty, or make any additional warranties. These professional services may be provided based on current published rates for Time and Material or fixed bid 12. Limitation of Liability: quote. Customers with Support Agreements in which all TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE fees are current receive preferred rates for both standard LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY and after hours professional services. CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING ANY LOST DATA AND Company will directly handle the Customer issues outlined LOST PROFITS, ARISING FROM OR RELATING TO THIS in the following levels of support. AGREEMENT. COMPANY'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND THE 7. Hardware Maintenance: SERVICES PROVIDED HEREUNDER, WHETHER IN Company, at its sole discretion, may use new or CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED refurbished parts for the repair of any Company provided THE AMOUNT OF FEES PAID TO COMPANY HEREUNDER. Hardware. CUSTOMER ACKNOWLEDGES THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND 8. Customer Warranty: THAT COMPANY WOULD NOT ENTER INTO THIS Customer shall perform all necessary preventative AGREEMENT WITHOUT THESE LIMITATIONS ON ITS maintenance as outlined in Company's Administrative LIABILITY. Guide. If Customer's failure to perform the required preventative maintenance is determined, in Company's 13. Customer Remedies: reasonable discretion, to be the cause of any support call, If Company materially fails to perform its obligations under Customer will be billed at the current hourly rate. this Agreement, and such failure results in downtime of the relevant hardware and software that exceeds 48 9. Response Times: hours, Customer's sole remedy, and Company's entire Non- emergency support calls will be responded to within liability, shall be a pro rata refund for the services one business day, however most calls are handled within ( "Downtime Credit "). In order to receive a Downtime two hours of receipt. For Premier Support during non- Credit, the Customer must notify Company in writing business hours, an answering service takes all support within 7 days from the time of Downtime. In no event calls. Calls that are placed as an emergency (system down shall any Downtime Credit or the total cumulative or inoperable) will be dispatched to the on -call support damages for a breach of this Agreement by Company be staff for response within four hours. Non - emergency calls more than the amounts previously paid by Customer will be directed to support personnel, and will be under this Agreement in the 12 month period immediately responded to the next business day. preceding the Downtime Credit or breach. 10. Customer Contacts: Three customer support contacts are allowed. Additional contacts may be added at any time for an additional Revised 10/08 14. Severability: 17. Governing Law and Venue: If any provision of this Agreement is unenforceable, such This Agreement will be governed by the laws of the State provision will be changed and interpreted to accomplish of Florida. The United Nations Convention on Contracts the objectives of such provision to the greatest extent for the International Sale of Goods does not apply to this possible under applicable law and the remaining Agreement. Any action or proceeding arising from or provisions will continue in full force and effect. Without relating to this Agreement must be brought in the federal limiting the generality of the foregoing, Customer agrees or state court located in Volusia County, Florida. that Sections 12 and 13 will remain in effect notwithstanding the unenforceability of any provision in 18. Attorney's Fees: Section 11. In the event of litigation between Customer and Company concerning this Agreement, the prevailing party in the 15. Force Majeure: litigation shall be entitled to recover attorneys' fees and Any delay in the performance of any duties or obligations expenses from the losing party. of either party (except the payment of money owed) will not be considered a breach of this Agreement if such delay 19. Survival. is caused by a labor dispute, shortage of materials, fire, Sections 11, 12, 13, 14, 16, 17, 18, 19 and 20 will survive earthquake, flood, or any other event beyond the control expiration or termination of this Agreement of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party 20. Entire Agreement: of the circumstances causing the delay and to resume This Agreement and the attached Addendum, which are performance as soon as possible. incorporated herein by reference, constitute the entire agreement between the parties regarding the subject 16. Independent Contractors: hereof and supersedes all prior or contemporaneous The relationship between Customer and Company is that agreements, understandings, and communication, of an independent contractor, and neither party is an whether written or oral. This Agreement may be amended agent or partner of the other. Customer or Company will only by a written document signed by both parties. The not have, and will not represent to any third party that it terms on any purchase order or similar document has, any authority to act on behalf of either party. submitted by Customer to Company will have no effect. Revised 10/08 In Witness Whereof, the parties have caused this Agreement to be executed by their duly authorized representative. Selectron Technologies, Inc. Customer: By: Todd A. Johnston By: Signed: Signed: Title: President Title: Date: Date: Address: 7405 SW Tech Center Drive, Suite 140 Address: Portland, OR 97223 Revised 1/07 EXHIBIT A Pricing Effective Dates: 12 -Month PremierPro Support and Maintenance Services begin at the completion of on -site installation Extended Maintenance Estimate: Item Dates covered Amount Payment Due Date VoiceUtility January 1, 2012 to Included Included December 31, 2012 VoiceUtility January 1, 2013 to $7,935.00 December 15, 2012 December 31, 2013 VoiceUtility January 1, 2014 to $8,330.00 December 15, 2013 December 31, 2014 VoiceUtility January 1, 2015 to $8,745.00 December 15, 2014 December 31, 2015 VoiceUtility January 1, 2016 to $9,185.00 December 15, 2015 December 31, 2016 VoiceUtility January 1, 2017 to $9,645.00 December 15, 2016 December 31, 2017 Notes: • For this purpose, we will assume a January 1, 2012 Service Date on the currently scheduled System. Actual date is based on the on -site implementation and will be mutually determined with your Project Coordinator. • The System Value for maintenance calculations is $52,900. • Maintenance amounts for future periods are estimates, and do not include increases to reflect additional functionality purchased. • Maintenance estimates for future periods are not a guarantee that annual support agreements will be offered. You will receive a minimum of 12 months notice of discontinuance of annual support agreements. Products and Licenses VoiceUti!ityTM Interactive Voice Response Base Solution (4 Port) Included Functionality: • Current Balance Owed • Transaction Logging • Last Billing Date and Amount • VoiceUtility Reporting Module • Next Billing Date • Four (4) Licensed HMP Ports • Last Payment Date and Amount • Four (4) Port Dialogic Media Gateway Included Fax and Email Functionality: • Payment History • Last Payment Date and Amount • Billing History • SmartDelivery • Account Status Detail Included Payment Processing Functionality: Revised 1/07 • Credit Card Payment Processing • Real Time Payment Posts • Supports Standard Payment Gateways • Transaction Reporting VoiceUtility Hardware & Software (Includes Setup & Configuration) ProLiant DL 380 G7 Enhanced Rack -Mount Server • Intel Xeon Quad -Core 2 GHz Processor • Microsoft Windows 2008 Server • 4 GB RAM • Redundant Hot Plug Power Supply • Three (3) 146GB SCSI Hard Drives (Hot Plug) • Redundant Cooling Fans • RAID 5 (Striped + Parity) SCSI Controller • CD ROM, 56K Modem & 1GB NIC Customer Support Contacts Company Name: Address: City: State: Zip: Contact: Email Telephone: Contact: Email Telephone: Contact: Email Telephone: Group Email for all three contacts: Revised 1/07 AGENDA REQUEST C.A. #2011-TA-1104 Date: October 26, 2011 PUBLIC HEARING November 7, 2011 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINES S ITEM DESCRIPTION: lst Reading — Ordinance No. 2011 -0 -15 Amending and Restating Article III (Permitted, Conditional, Accessory and Prohibited Uses) of the City of Edgewater Land Development Code (LDC). APPLICANT /AGENT: City of Edgewater REQUESTED ACTION: Approval of the proposed text amendments to the Land Development Code. Background: City staff proposes the following amendments to the above - referenced Article: • Section 21- 33.05, Table II1 -3 — revising outdoor storage from a conditional use to an accessory use in the B -2 (Neighborhood Business) zoning district; • Section 21- 33.05, Table III -3 — revising general retail from a conditional use to an accessory use in the B -4 (Tourist Commercial), I -1 (Light Industrial), I -2 (Heavy Industrial) and P /SP (Public /Semi - Public) & • Section 21 -36.09 — removing the term "Gazebo" and establishing a threshold for the number of days canopies /temporary carports and tents are permitted to be assembled and location/screening requirements. City Council voted to continue this item at the regularly scheduled meeting on October 17, 2011 to allow staff time to revise proposed language regarding the permitted locations and screening requirements for canopies /temporary carports and tents. STAFF RECOMMENDATION: Staff recommends approving Ordinance 2011 -0 -15; amendments to Article III of the Land Development Code. ACTION REQUESTED: Motion to approve Ordinance 2011 -0 -15. FINANCIAL IMPACT:(Finance Director) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES X NO If so, DATE: 10/17/2011 AGENDA ITEM # 8a Respec ully subm' ted, Concurrence: !ii, /.1 dab/ ( Ci " -=trO f fl - y:V_Lii 0%liCi Da- en Lear ( Robin L. Matusick Development ervices Director Paralegal // , . _. _ Trace; . Barlow City anager ORDINANCE NO. 2011-0-15 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING AND RESTATING ARTICLE III (PERMITTED, CONDITIONAL, ACCESSORY & PROHIBITED USES), SECTION 21 -33 (USES AND RESTRICTIONS) AND SECTION 21 -36 (ACCESSORY USE REQUIREMENTS) OF CHAPTER 21 (LAND DEVELOPMENT CODE); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. On July 10, 2000, City Council adopted Ordinance #2000 -0 -12 which enacted Chapter 21 (Land Development Code) of the City of Edgewater Code of Ordinances. 2. On September 13, 2010, Council adopted Ordinance #2010 -0 -18 which amended and restated Chapter 21 (Land Development Code), Article III (Permitted, Conditional, Accessory & Prohibited Uses), and Section 21 -37 (Special Activity /Permit Requirements). 3. On May 16, 2011, Council adopted Ordinance #2010 -0 -05 which amended and restated Chapter 21 (Land Development Code), Article III Section 21 -33 (Uses and Restrictions). 4. Adoption of this Ordinance will modify Section 21 -33 (Uses and Restrictions) and Section 21 -36 (Accessory Use Requirements) of Article III. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMENDING AND RESTATING ARTICLE III (PERMITTED, CONDITIONAL, ACCESSORY & PROHIBITED USES), SECTION 21 -33 (USES AND RESTRICTIONS) AND SECTION 21 -36 (ACCESSORY USE REQUIREMENTS) OF CHAPTER 21 (LAND DEVELOPMENT CODE), CITY OF EDGEWATER, FLORIDA. 1 mike- through passages are deleted. Underlined passages are added. #2011 -0 -15 Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by amending and restating Article III (Permitted, Conditional, Accessory and Prohibited Uses), Section 21 -33 (Uses and Restrictions) and Section 21 -36 (Accessory Use Requirements) as set forth in Exhibit "A" which are attached hereto and incorporated herein. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void by a court of competent jurisdiction, 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 by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance ", may be changed to "section ", "article ", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplished such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. 2 Stfike-threttgh passages are deleted. Underlined passages are added. #2011 -0 -15 PART F. ADOPTION. After Motion to continue the item until the November 7, 2011 meeting so the language in Exhibit "A" can be reworked by Councilwoman Bennington and Second by Councilman Cooper, the vote on the first reading of this ordinance held on October 17, 2011 was as follows: AYE NAY Mayor Mike Thomas X Councilman Michael Ignasiak X Councilwoman Gigi Bennington X Councilman Justin Kennedy X Councilman Ted Cooper X After Motion to approve by and Second by , the vote on the first reading (continued from October 17, 2011) of this ordinance was as follows: AYE NAY Mayor Mike Thomas Councilman Michael Ignasiak Councilwoman Gigi Bennington Councilman Justin Kennedy Councilman Ted Cooper 3 StiFike4hfeugh passages are deleted. Underlined passages are added. #2011 -0 -15 After Motion to approve by and Second by , the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Mike Thomas Councilman Michael Ignasiak Councilwoman Gigi Bennington Councilman Justin Kennedy Councilman Ted Cooper 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 of legality by: Aaron R. Wolfe, Esquire , 2011 under Agenda Item No. City Attorney . Doran, Sims, Wolfe & Kundid 4 Stfike-through passages are deleted. Underlined passages are added. #2011 -0 -15 Exhibit "A" 5 Strip gh passages are deleted. Underlined passages are added. #2011 -0 -15 SECTION 21 -33 — USES AND RESTRICTIONS 21- 33.01— Purpose This portion of Article III depicts the permitted, conditional and accessory uses by zoning district using the matrix format. The footnotes in Table 1I1 -3 refer to any applicable special criteria for that use in the particular zoning district and are described in Section 21 -34 of this Article. If a use is not present in a given square in the matrix, that use is not permitted in that zoning district. Changes to the list of uses, the zoning districts and /or the permitted, conditional or accessory use status of a given land use can only be changed by completing the Land Development Code amendment process described in Article IX. 21 -33.02 — Permitted Uses The use depicted as "P" in the matrix (Table III -3) means that it is permissible in that zoning district as a matter of right, subject to satisfactory compliance with the project design standards found in the Land Development Code and any applicable site plan review requirements in the Land Development Code. The list of permitted uses cannot be all inclusive. The uses described in Table III -3 shall be interpreted by the Development Services Director /Planning Director to include other uses that have similar impacts to those listed. Any dispute or request regarding interpretations shall be resolved by the City Manager subject to an appeal to the City Council. All permitted uses or businesses requiring business tax receipts shall operate from within a permanent structure. 21 -33.03 — Conditional Uses The use depicted as a "C" in the matrix (Table 1I1 -3) means that it is permitted in that zoning district only after satisfactory completion of the conditional use process described in Article IX or the satisfactory completion of a Planned Unit Development. Satisfactory compliance with the applicable project design standards described in Article V and the concurrency requirements described in Article XI must also be achieved prior to commencement of a project. 21 -33.04 — Accessory Uses The use depicted as an "A" in the matrix (Table III -3) means a use that is incidental, related, appropriate and clearly subordinate to the existing principle permitted use. Rev 05/16/11 (LandDevelopmentCode) *12/10 III -6 U U U U U U u U U U U U U U U U a c4 U a U a U a o. O te a. 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C7 o ›. b U. h a N . .� a� a� t t N c I W E p p . 7 W L a� c 2 b b b b ' G : O «Y °•t O O a .p O § § b a� o f/] U ( VI v) fA b Ct Vl Vi > .y .y 3 > 67 7-'4) ��' p y z a z r z r r rz r z z F F H 3 4 TABLE III -3 FOOTNOTES The sections cited below identify special requirements for the listed land uses and are found on the following pages. In addition, many of the proposed projects must also comply with the requirements of Article IV — Natural Resource Protection, Article V — Site Design Criteria, Article VI — Signs and Article XVIII - Indian River Boulevard — S.R. 442 Corridor Design Regulations. 1. See Satellite Dishes, Section 21 -36.04 — Dishes greater than 39 centimeters in diameter are required to obtain a building permit and otherwise conform to the site development criteria. 2. See Telecommunications, Article XII for details. 3. See Bed & Breakfast, Section 21 -34.08 for details. 4. See Kennels /Boarding, Section 21 -34.06 for details. 5. See Mini - Warehouses, Section 21 -34.07 for details. 6. See Nursing Homes, Section 21 -34.09 for details. 7. See Outdoor Storage, Section 21 -34.04 and 21 -36.03 for details. 8. See Community Residential Homes, Section 21 -34.02 for details. 9. Limited to 6 or less, residents and no closer than 1000 feet to another Family Residential Home. 10. See Institutional Residential Homes, Section 21 -34.03 for details. 11. Multifamily residential is permitted in BPUD only as part of a single business /residential development plan — See Article V, Section 21 -57 for details. 12. See Salvage Yards, Section 21 -34.04 for details. 13. Residential Professional offices may be permitted as a conditional use in the R -2 district for certain properties abutting State Road #442. See Section 21 -34.10 for details. Rev 05/16/11 (LandDevelopmentCode) *12/10 III -10 14. No artificial lights or recreational activity within 25 feet of the perimeter of the property line shall be permitted adjacent to residential property. 15. Places of Worship — Schools /Child Care, see Section 21 -36.05 for details. 16. Attached and detached aircraft hangars permitted in residential districts adjacent to airport taxiways. 17. Outside application of flammable finishes and/or environmentally sensitive finishes (spray painting) is strictly prohibited. 18. State license required. 19. Mining /Excavation is defined as the exploration for or extraction of surface or subterranean compounds; which shall include oil and gas exploration and production, and the mining of metallic and non - metallic minerals, sand, gravel, fill dirt, and rock. 20. Adult Entertainment is permitted in the I -1 (Light Industrial) zoning district with the exception of properties with frontage on Park Avenue. 21. Internet /Sweepstakes Cafes, Pawn Shops and Tattoo Parlors /Body Piercing Studios are permitted in the I - (Light Industrial) zoning district with the exception of properties with frontage on Park Avenue. This section shall not apply to any existing Internet/Sweepstakes Cafe locations, in operation and in compliance with chapter 205 and 849 Florida Statute, and Pawn Shops and Tattoo Parlors /Body Piercing Studios in compliance with Florida Statute at the time of the passage of this ordinance, or has submitted an application to the City for relocation prior to the passage of this ordinance and said application is subsequently approved by the City. Such use may be continued within the present zoning category as a nonconforming use subject to all restrictions, limitations and requirements set forth in Article VII, Land Development Code, and all other applicable provisions of the Code of Ordinances. However, any change in ownership will remove said business or operation from this exception. Change in ownership in the case of a partnership or corporation, for the purpose of this section only, means more than fifty percent change in partners or shareholders from the partners or shareholders owning the partnership or corporation as of the date of passage of this ordinance. For purposes of any Internet/Sweepstakes Cafe deemed a non - conforming use as described above, the provisions of Article VII, Land Development Code pertaining to expansion and relocation shall be modified to allow the non - conforming use to continue if expanded or relocated on a one -time basis within the present zoning category if 1) the Internet/Sweepstakes Cafe deemed a nonconforming use dedicated less than 25% of its square footage to internet/sweepstakes activity in the original location prior to the expansion or relocation, and 2) the Internet/Sweepstakes Cafe dedicates less than 25% of its square footage to internet/sweepstakes activity after the expansion or relocation. Rev 05/16/11 (LandDevelopmentCode) *12/10 III -11 planter shall be irrigated and planted with low shrubs, ornamentals or flowers. Such plantings shall be maintained indefinitely. 2. Ground Sign Setback. The leading edge of the sign shall be setback a minimum of ten feet (10') from the right -of -way. 3. Movement. No ground sign nor its parts shall move, rotate or use flashing lights. 4. Prohibited Signs. Signs that are prohibited in the Indian River Boulevard Corridor include animated signs, billboards, off -site signs, flashing signs, snipe signs, portable signs (trailer signs), roof signs, beacon lights, bench signs, trash receptacle signs, gutter signs, signs on public property, immoral display, obstruction, streamers, spinners and pennants. c. Commercial building code requirements shall be met. d. A City Business Tax Receipt is required. e. All development and /or redevelopment shall conform to the site design criteria as defined in Article V and Article XVIII of the Land Development Code f. Professional office uses are restrictive and shall be designed to primarily serve the populace of the general vicinity. SECTION 21 -35 — PROHIBITED USES 21- 35.01— Alcoholic Beverages No alcoholic beverage establishments, i.e., establishments engaged in the sale of alcoholic beverages for on- premises consumption, shall be located within 500 -feet of an established church or school with the following exception: a. Any location licensed as a restaurant, which derives at least 51- percent of their gross revenues from the sale of food and nonalcoholic beverages, pursuant to Florida Statutes. SECTION 21 -36 — ACCESSORY USE REQUIREMENTS 21 -36.01 — Purpose This Section includes those accessory uses and detached structures that are subordinate to the main use or building or located on the same lot. The term other accessory buildings shall include, but not be limited to such structures as greenhouses, gazebos, storage buildings, storage shed, garages, carports and the like. Rev 05/16/11 (LandDevelopmentCode) *12/10 III -19 21 -36.02 — General Regulations a. The principle permitted use must be built or permitted prior to a permit for an accessory use is permitted. b. All accessory uses, buildings and structures shall be located on the same lot as the principle or permitted use. c. No accessory use, building or structure shall exceed the height limit shown in that district. d. Accessory buildings shall not be rented or otherwise used as a dwelling unit. e. No accessory structure may be located within a public right -of -way or public easement. f. All accessory structures are required to obtain a building permit. g. No accessory structure may be located in any front yard in any zoning district. h. Accessory buildings shall conform to the setback requirements described in Table V -1. i. No accessory building may be located within any required parking area, landscape area or stormwater facility area. j. Accessory buildings shall be limited to 2 per parcel. k. Storage sheds of 120 sq. ft. or less may be located five (5') feet from rear and side property lines. 21 -36.03 — Outdoor Storage and Display: Commercial/Industrial The purpose of this Section is to provide regulations for the location of outdoor storage and display facilities where such storage is an accessory use and a part of normal operations on the premises. a. Outdoor storage and display may be permitted in conjunction with the uses allowed in certain commercial and industrial districts as indicated in Table III -3. Such outdoor storage or display shall not be located adjacent to any residential district or use unless such storage or display is screened from the view of the neighboring residential district or use. b. No outdoor storage may be located in any required front yard, parking areas, fire zones, loading areas or access lanes. c. All outdoor storage areas shall be screened from view by a six foot (6') high stockade fence or masonry wall. However, the wall or fencing shall not interfere with the flow of traffic Rev 05/16/11 (LandDevelopmentCode) *12/10 II1 -20 entering or leaving the site. Existing sites with a chain link fence may be enclosed with slatting. New sites shall require stockade fencing or masonry wall. d. Loose materials such as sand, Styrofoam, cardboard boxes, mulch, compost areas, and similar materials, which are subject to being scattered or blown about the premises by normal weather conditions, shall be contained by an adequate enclosure. No outdoor storage area or building shall be located in a public right -of -way, utility or drainage easement. e. Commercial outdoor display of merchandise may be permitted as an accessory use within the required front, side or rear yard areas, providing that such outdoor display shall not be located adjacent to a residential street. f. Outdoor display of vehicles, watercraft, etc., for sale shall be set back no less than ten feet (10') from the front and side corner property line and five feet (5') from the interior side and rear property line. Landscaping shall be installed in this area on any adjacent local street. g. All display merchandise and related display equipment shall be removed at the close of business each day. No outdoor display areas shall be permitted within required parking spaces or areas, public sidewalks or pedestrian or vehicular access areas, parking aisles, driveway entrances or exits. h. All unattended machines dispensing a product, with the exception of ice and water machines, LP gas, newspaper machines (general circulation), shall be located indoors. 21 -36.04 — Satellite Dishes and Antennas The purpose of this Section is to control the location of satellite dishes and antennas in order to allow their use without sacrificing property values. Telecommunication tower location and site development standards are found in Article XII. a. Privately owned ham radio antennas, citizens band radio and/or satellite dish antennas shall be considered accessory uses. All other such facilities belonging to companies whose business involves the reception or transmissions of wireless communication signals shall be considered commercial uses. b. Pursuant to the Federal Telecommunications Act of 1996, satellite dishes 39 centimeters (approximately 36 inches) or less in diameter shall not require an installation permit. c. A satellite dish greater than 36 inches (36 ") in diameter shall require a building permit from the City. d. Except as provided in Article XII, antennas and satellite dishes greater than 36 inches in diameter shall be set back five feet (5') from side and rear lot lines or easements. e. No satellite dishes larger than 39 centimeters (approximately 36 inches) or antennas shall be permitted in the front yard of any parcel. Rev 05/16/11 (LandDevelopmentCode) *12/10 III -21 f. The required setback shall be measured from the closest point of the outermost edge of the antenna or satellite dish to the property line. g. Except as provided in Article XII, the height restrictions for antennas and satellite dishes shall not exceed the height limit in that district. 21 -36.05 — Places of Worship — Schools /Child Care The purpose of this Section is to establish criteria for the operation of schools and recreation facilities as an accessory use associated with places of worship. a. A school operated by a place of worship shall not be permitted to locate within 25 feet (25') of property used as residential. b. Recreation areas associated with places of worship shall not use artificial site lighting at night unless shielded from adjacent residential areas. c. No recreational activity shall be located closer than 25 feet (25') to an adjacent parcel. d. The front yard of a place of worship shall be on an arterial or collector roadway. e. The building design for new construction shall be substantially similar to the design of the existing structures. No portables, trailers or like buildings are permitted. f. Parking and service areas shall be located away from adjacent parcels. 21 -36.06 — Boathouses The following regulations shall apply to boathouses in all the R -1, R -2, R -3, R -4 and R -5 districts. a. Height of boathouses: No boathouse shall be erected or altered to a height exceeding fifteen (15') feet from mean high water. b. Boathouse setback: No boathouse shall be built less than five (5') feet from the established bulkhead line or less than ten (10') feet from any side lot line. If no bulkhead line is established, then the mean high tide watermark shall be used as the line of measurement. c. Accessory building attached to boathouse: No accessory building which is attached to a boathouse and a part thereof shall be erected or altered less than twenty (20') feet away from the established bulkhead line. If a bulkhead line is not established, then the mean high water mark shall be used as the line of measurement. d. Detached accessory building to boathouse: A detached accessory building to a boathouse is prohibited in the R -1, R -2, R -3, R -4 and R -5 residential districts. Rev 05/16/11 (LandDevelopmentCode) *12/10 III -22 e. Area of boathouses: No boathouse or similar structure shall exceed twenty (20') feet in width measured on a line parallel to the established bulkhead line or exceed forty (40') feet in depth measured at right angles to the established bulkhead line. If a bulkhead line is not established, then the mean highwater mark shall be used as a line of measurement. 21 -36.07 — Boat Docks and Slips a. Boat docks and slips for mooring pleasure boats, yachts and non - commercial watercraft shall be permitted in accordance with Volusia County's Manatee Protection Plan in any residential district as an accessory use to the residential use. b. If no bulkhead line is established, then the mean highwater mark shall be used as the line of measurement. 21 -36.08 — Boats as Dwelling Units No boat or vessel shall be used or maintained as a dwelling unit which is not sound, seaworthy and equipped with sanitary facilities that are either: a. Connected to a public sewer system, or b. Have a self - contained waste treatment system. 21 -36.09 — Canopies/Temporary Carports and Tents/ Gazebos a. Owners of canopies/temporary ca orts and tents /gazebos shall be required to secure the carports tents/gazebos q above objects so as to prevent them from becoming airborne or from leaving the property where installed, as well as keep them in a good state of repair. b. The below specifications are intended to be minimum only and are no indication or guarantee of fitness for securing the temporary items covered under this Section. Quantities and sizing will vary by the size of the item being secured. 1. All tie downs must be secured to solid, immoveable objects such as: mobile home anchors, concrete driveways, buildings, etc., or as per manufacturer's installation instructions or engineer's specifications. 2. All tie down leads must be a minimum of 3/16" galvanized or stainless steel cable or a minimum of 3/8" true nylon rope, (not polyethylene, polypropylene or polyester) or sized as per manufacturer's installation instructions or engineer's specifications. 3. It is forbidden to use concrete blocks or weights of any kind as a method of tie down, because attaching weight or other moveable objects to canopies /temporary carports and tents /gazebo,, can cause those weights to be catapulted by wind lift. Rev 05/16/11 (LandDevelopmentCode) *12/10 I1I -23 c. There shall be a limit of two (2) canopies /temporary carports and tents per parcel. Canopies /temporary carports and tents shall be located behind the front building setback line in the rear and side yard setback areas. Canopies /temporary carports and tents located in side yard setback areas shall be screened from view with a six foot (6') high opaque wall or fence. c. Canopies /temporary carports shall be located in the driveway, immediately parallel to the driveway, in the side yard or back yard, but at no time shall they extend over the property line or into the public right of way. There shall be a limit of one such canopy /temporary f;tructurc in the front setback/front yard ar and shall be as far from the front property line /street as the yard size or driveway permits. This location must not causc a safety problem. No enclosing or side tarps will be allowed in the front setback/front yard ar n. d. Tarps /tops of temporary structures shall be removed during hurricane warning conditions. automobiles, watercraft, watercraft trailers, motor homes, trailers, recr ational vehicle e. Canopies /temporary carports and tents not related to a special activity event pursuant to Section 21 -37 and not located in the rear and /or side setback areas shall not be erected for more than a two (2) day period and for no more than ten (10) da, s total in a six (6) month period. 21 -36.10 — Swimming Pools a. Definitions As used in this Article, the following terms shall have the respective meanings ascribed to them: Residential swimming pool: Any swimming pool used or intended to be used solely by the owner, operator or lessee thereof and his family, and by guests invited to use it without charge or payment of any fee. Swimming Pool: A body of water in an artificial or semi - public or private swimming setting or other water - related recreational activity intended for the use and enjoyment by adults and /or children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any person, and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool. This definition shall include whirlpools, spas, and hot tubs unless separately identified and shall exclude 110 -volt plug -in Jacuzzi /hot tubs. Wading pool: Any pool with a surface area of less than two hundred fifty (250) square feet and less than twenty -four (24) inches in depth at any point. Wading pools shall not be required to comply with this Article. Rev 05/16/11 (LandDevelopmentCode) *12/10 III -24 b. Permit — Application; plans and specifications 1. Application: Before the erection, construction or alteration of any swimming pool has begun, an application for a permit shall be submitted to the Building Official for approval. 2. Plans and specifications: The application shall be accompanied by two (2) sets of full and complete plans and specifications of the pool, including a survey of the lot showing distance between buildings or structures and the distance from all property lines. Plans must show method of compliance with the Pool Safety Act, F.S. 515. c. Structural Requirements 1. General: All swimming pools whether constructed of reinforced concrete, pneumatic concrete, steel, plastic or others, shall be designed and constructed in accordance with the requirements of the Florida Building Code, 424 and accepted engineering principles. d. Location 1. Front yard and side corner yard swimming pools are prohibited. 2. No swimming pool shall be constructed closer than five (5) feet from any building without engineering, nor within any easement or ten (10) feet from any property line, unless a Development Agreement or P.U.D. Agreement is established for the property. e. Enclosures 1. All swimming pools, unless entirely screened in, shall be completely enclosed with a fence or wall at least four feet (4') high, and so constructed as to not be readily climbable by small children. All gates or doors providing access to the pool area shall be equipped with a self - closing and self - latching device installed on the pool side for keeping the gates or doors securely closed at all times when the pool area is not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped, per Child Safety Act, F.S. 515. 2. All whirlpools, spas or hot tubs unless entirely screened in or equipped with a lock down cover shall be completely enclosed with a fence or wall at least four feet (4') high and so constructed as to not be readily climbable by small children, and comply with the Child Safety Act, F.S. 515. Rev 05/16/11 (LandDevelopmentCode) *12/10 111 -25 f. Filtration and recirculation system All swimming pools shall be equipped with a filtering and recirculation system and such systems shall be compliant with all applicable requirements as set forth by the American National Standards Institute. g. Electrical wiring All electrical wiring must comply with the National Electrical Code (NEC). h. Plumbing When plumbing is connected to City service for water supply, all plumbing shall be in strict accordance with the local plumbing code. When water is supplied from sources other than City connected service to family pools, then plastic pipe stamped and approved one hundred (100) by an ASTM laboratory may be accepted, if inspected and approved by a licensed plumbing inspector. i. Discharge water Water being discharged from the pool or from the back flushing of the filtering system may be discharged to a storm sewer, dry well, seepage pit, or through an irrigation system or other approved method by the City. Discharge water may not be discharged into a sanitary or combined sewer. j Rim height The overflow rim of all swimming pools shall be a minimum grade above surrounding ground level and in all cases sufficiently high enough to prevent groundwater from flowing into the pool. k. Walkway A walkway of concrete or other approved materials shall surround all swimming pools from the overflow rim outward a distance of three feet (3') for at least two - thirds (2/3) of the pool perimeter and shall be so designed that water cannot drain from the walkway into the pool. 1. Overflow Skimmer A beam overflow skimmer shall be required and be designed so that debris caught in it will not be washed back into the pool by water movements. SECTION 21 -37 — SPECIAL ACTIVITY/PERMIT REQUIREMENTS 21- 37.01— Purpose /Scope Rev 05/16/11 (LandDevelopmentCode) *12/10 III -26 gb AGENDA REQUEST C.A. #2011-TA-1105 Date: October 26, 2011 PUBLIC HEARING November 7, 2011 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINES S ITEM DESCRIPTION: 2nd Reading — Ordinance No. 2011 -0 -16 Amending and Restating Article VI (Sign Regulations) of the City of Edgewater Land Development Code (LDC). APPLICANT /AGENT: City of Edgewater REQUESTED ACTION: Approval of the proposed text amendment to the Land Development Code. Background: Due to the adoption of Ordinance No. 2011 -0 -13, which incorporates new sign standards for garage sale signs within Chapter 12 (Offenses and Miscellaneous Provisions) of the Code of Ordinances, Section 21 -63.05 (Garage Sale Signs) of the LDC is in conflict with said newly adopted standards. Therefore, City staff proposes the following amendment to the above - referenced Article: • Elimination of Section 21 -63.05 (Garage Sale Signs). City Council voted to approve 1 reading of this item 4 -1 at the regularly scheduled meeting on October 17, 2011. STAFF RECOMMENDATION: Staff recommends approving Ordinance 2011 -0 -16; amendment to Article VI of the Land Development Code. ACTION REQUESTED: Motion to approve Ordinance 2011 -0 -16. FINANCIAL IMPACT:(Finance Director) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES X NO If so, DATE: 10/17/2011 AGENDA ITEM # 8b Respe fully submitted, Concurrence: Da ,A11. en Lear ( Robin L. Matusick Development ervices Director Paralegal ,A/- race Barlow City ► anager ORDINANCE NO. 2011 -0 -16 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING AND RESTATING ARTICLE VI (SIGN REGULATIONS) OF CHAPTER 21 (LAND DEVELOPMENT CODE); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. On July 10, 2000, City Council adopted Ordinance #2000 -0 -12 which enacted Chapter 21 (Land Development Code) of the City of Edgewater Code of Ordinances. 2. On September 11, 2006, Council adopted Ordinance #2006 -0 -27 which amended and restated Chapter 21 (Land Development Code) in its entirety. 3. On August 16, 2010, Council adopted Ordinance # 2010 -0 -15 which amended Articles VI (Sign Regulations) permitting City franchise signage on public transportation benches and shelters. 4. On June 20, 2011, Council adopted Ordinance #2011 -0 -07 which amended Article VI (Sign Regulations) to provide requirements for Electronic Message Centers /Signage. 5. Ordinance #2011 -0 -16 will modify Article VI (Sign Regulations) to eliminate guidelines for garage sale signs since said guidelines are now incorporated within Chapter 12 (Offenses and Miscellaneous Provisions) of the Code of Ordinances. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: 1 Strike-through passages are deleted. Underlined passages are added. #2011 -0 -16 PART A. AMENDING AND RESTATING ARTICLE VI (SIGN REGULATIONS) OF CHAPTER 21 (LAND DEVELOPMENT CODE), CITY OF EDGEWATER, FLORIDA. Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by amending and restating Article VI (Sign Regulations) as set forth in Exhibit "A" which is attached hereto and incorporated herein. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void by a court of competent jurisdiction, 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 by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance ", may be changed to "section ", "article ", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplished such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. 2 Strike-thr-eugh passages are deleted. Underlined passages are added. #2011 -0 -16 PART F. ADOPTION. After Motion to approve by Councilwoman Bennington and Second by Councilman Ignasiak, the vote on the first reading of this ordinance held on October 17, 2011 was as follows: AYE NAY Mayor Mike Thomas X Councilman Michael Ignasiak X Councilwoman Gigi Bennington X Councilman Justin Kennedy X Councilman Ted Cooper X After Motion to approve by and Second by , the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Mike Thomas Councilman Michael Ignasiak Councilwoman Gigi Bennington Councilman Justin Kennedy Councilman Ted Cooper 3 Strike passages are deleted. Underlined passages are added. #2011 -0 -16 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 of legality by: Aaron R. Wolfe, Esquire , 2011 under Agenda Item No. City Attorney . Doran, Sims, Wolfe & Kundid 4 Strike Strike4hreugh passages are deleted. Underlined passages are added. #2011 -0 -16 Exhibit "A" 5 Strike through passages are deleted. Underlined passages are added. #2011 -0 -16 ARTICLE VI SIGN REGULATIONS SECTION 21 -60 - GENERAL PROVISIONS VI -1 21 -60.01 - Purpose VI -1 21 -60.02 - General Provisions VI -1 21 -60.03 - Permits VI -2 21 -60.04 - Prohibited Signs VI -2 21 -60.05 - Exemptions VI -3 21 -60.06 - Variances VI -4 SECTION 21 -61 - ON -SITE SIGNS VI -4 21 -61.01 - Construction Signs VI -4 21 -61.02 - Development Signs VI -4 21 -61.03 - Pole Sign VI -4 21 -61.04 - Ground Signs VI -5 21 -61.05 - Projecting Signs VI -5 21 -61.06 - Real Estate Signs VI -5 21 -61.07 - Shopping Center Signs (Commercial Centers) VI -6 21 -61.08 - Wall Signs VI -6 21 -61.09 - Window Signs VI -6 21 -61.10 - Subdivision Signs .VI -7 21 -61.11 - Electronic Message Centers /Signage VI -7 SECTION 21 -62 - OFF -SITE SIGNS VI -8 21 -62.01 - General Requirements VI -8 21 -62.02 - City Franchise Signs VI -8 21 -62.03 - Public Information Signs VI -9g 21 -62.04 - Off -Site Wall Signs VI -9 SECTION 21 -63 - TEMPORARY SIGNS VI -9 21 -63.01 - Portable Signs VI -9 21 -63.02 - Banner Signs VI -9 21 -63.03 - Political Campaign Signs. VI -10 21 -63.04 - Special Events Signs VI -10 I 21 63.05 Garage Salc Signs VI 10-1-0 I SECTION 21 -64 - NON - CONFORMING SIGNS VI -114 -0 21 -64.01 - Amortization VI -11 21 -64.02 - Removal VI-11 SECTION 21 -65 - SIGN AGREEMENTS VI -11 21 -65.01 - Agreement Process VI -12442 21 -65.02 - Agreement Criteria VI -12 SECTIONS 21 -66 THROUGH 21 -69 RESERVED FOR FUTURE USE. Rev. 6 -20 -11 (Land Development Code) Article VI -i- ARTICLE VI SIGN REGULATIONS SECTION 21 -60 — GENERAL PROVISIONS 21- 60.01- Purpose The purpose of sign regulations is to protect, preserve and improve the character and appearance of the City and to provide opportunity to advertise in commercial and industrial areas. It is further the intent to limit signs in residential and agricultural areas to essential signs, primarily for the purpose of identification and information. These regulations shall be the minimum requirements necessary to accomplish these purposes and to protect the public health, safety and general welfare. In addition to City -wide sign regulations contained in this Article, the City of Edgewater has adopted the Indian River Boulevard Corridor Design Regulations which are incorporated as Article XVIII in this Land Development Code. Requirements contained in Article XVIII, Indian River Boulevard Corridor Design Regulations, shall supercede and compliment the requirements set forth in this Article. Properties located within the Indian River Boulevard Corridor Overlay must adhere to the sign design regulations contained in the Indian River Boulevard Corridor Design Regulations. A copy of these regulations and illustrations for design is available for purchase at City Hall. It is the Developer's responsibility to obtain a copy of the regulations for the Overlay prior to conceptual design layout. 21 -60.02 - General Provisions The following general provisions shall apply to every sign erected in the City. a. The name and address of the company or person installing any sign and the name and address of the company or person maintaining any sign, the date of erection and the voltage of any electrical apparatus shall be permanently affixed on a weather resistant label. b. Any light from any illuminated sign shall be shaded, shielded or directed so that the light intensity or brightness shall not affect adversely the safe vision of operations of vehicles in any public or private road, highway, driveway or parking area. Such light shall not shine directly on or into any residential structure. c. All signs shall be designed and constructed to withstand a wind load pressure of not less than twenty -five (25) pounds per square foot of area or as required by any applicable code or ordinance, whichever is more restrictive. d. Vegetation shall be kept cut around the base of any ground sign for a distance of fifteen feet (15') from any portion of such sign touching the ground and the area around ground sign shall be kept free of any material that might constitute a fire or health hazard. Rev.6 -20 -11 (LandDevelopmentCode) VI -1 21 -60.03 - Permits a. No person shall operate, maintain, erect, alter, repair or relocate any signs until the Development Services Director and Building Official has determined that the proposed sign substantially complies with the requirements of this Article. b. Application for a sign permit shall be on forms provided by the City Building Official and shall, at a minimum, contain the following information: 1. The name, address and telephone number of the applicant, the owner of the sign and the owner of the property on which the sign is to be located; and 2. The address, if any, and legal description of the premises on which the sign is to be located; and 3. A drawing to scale, in duplicate, showing the size, height, location, structural details and dimensions of the sign and sign structure; and 4. Two drawings to scale showing the position of the sign and any other existing advertising structures in relation to the buildings or structures on the premises and to the boundaries of the property; and 5. The signatures of the applicant and the owner of the property or in the event the owner is not available, written evidence of the owner's permission for the erection of the sign; and 6. Such other information as may be necessary to demonstrate compliance with this Article including, but not limited to, engineers' drawings. c. All signs shall be erected, altered, operated and maintained in compliance with the Standard Building Code and the National Electrical Code. Signs 32 square feet, or less, in area shall be deemed to comply with the wind load requirements of the Florida Building Code by submission of plans and specifications to the Building Official. d. The Development Services Director and Building Official shall conduct a timely review of the sign permit application and shall either issue the permit or provide the applicant with a written statement of the reasons for denial. e. Appeals of Building Official decisions regarding construction issues shall be made to the Construction Board of Adjustment and Appeals. Appeals of other sign related issues shall be made in accordance with Article I. 21 -60.04 - Prohibited Signs The following signs are prohibited in the City: Rev.6 -20 -11 (LandDevelopmentCode) VI -2 a. No person shall erect a sign on or over any public property or public right -of -way, except in accordance with a banner sign or franchise agreement approved by the City Council. Any sign(s) installed on public property shall be forfeited to the public and subject to confiscation at the owners' cost. b. The operation of any vehicle for the sole purpose of advertising is prohibited within the City of Edgewater. c. Roof signs, billboards, inflatable signs, snipe signs, banners, pennants, wind operated devices, sandwich signs, moving signs, freestanding signs, flashing signs, beacon light signs with moving or alternating or traveling lights are prohibited, except as limited elsewhere in this Article. Time and temperature signs and lighted moving message boards less than 35 square feet in area shall not be subject to this prohibition. d. Projecting signs within an area bounded by the intersection of two rights -of -way and points fifty feet (50') from such intersections measured along the rights -of -way except as permitted elsewhere in this Article. e. Pursuant to Chapter 316.077, F.S., no sign shall be permitted which is an imitation of or resembles an official traffic control device. 21 -60.05 - Exemptions The following signs shall be exempt from the permitting requirements of this Article. a. Signs less than six (6) square feet in area and used only to identify the property address and occupant's name. b. Legal notices posted by authorized persons of a governmental body. c. Any informational sign directing vehicular traffic, parking or pedestrian traffic on private property, provided that such sign shall contain no advertising material and shall not exceed 4 square feet in total area. The letters shall not exceed eight inches (8 ") in height. If the sign includes any advertising or logo, a sign permit shall be required. d. Identification signs, information signs or traffic control devices erected by any governmental body. In addition, emergency warning signs erected by a government agency, private utility company or a contractor doing authorized or permitted work within a public right -of -way. e. Wall graphics /murals may be an integral decoration of a building, but shall not include letters, trademarks, moving parts or moving lights and shall not cover more than thirty percent (30 %) of any single wall surface area per building. f. On -site signs five (5) square feet or less in area that offers a specific property for sale, lease or Rev.6 -20 -11 (LandDevelopmentCode) V1 -3 rent by the owner or his authorized agent. g. The flag of the United States shall be displayed in accordance with the protocol established by the Congress of the United States for Stars and Stripes. All other flags shall conform to the requirements of Section 21 -61. h. Holiday lights and decorations with no commercial messages between November 1 and February 1st i. Works of art that do not include a commercial message. j. Two open house flags, not exceeding fifteen (15) square feet each in area, displayed during inspection times for model residences. 21 -60.06 - Variances Variances to the requirements of this Article may be granted by the Planning and Zoning Board in conformance with the requirements of Article IX. SECTION 21 -61 - ON -SITE SIGNS 21 -61.01 - Construction Signs a. One construction sign, including the names of persons or firms furnishing labor, services or materials to the construction site, shall be allowed for each project where a building permit has been obtained for the project. b. Such sign shall be removed no later than the date of issuance of a certificate of occupancy. c. No such sign shall exceed thirty -two (32) square feet in area. 21 -61.02 - Development Signs a. One sign, not to exceed sixty -four (64) square feet in area for nonresidential projects or forty- eight (48) square feet in area for residential projects, may be permitted on each site for which a site plan, or subdivision plat, has been approved. b. A development sign permit may be issued for no longer than one (1) year. However, the Building Official may renew the permit, if it is determined that promotion of the site is still active. 21 -61.03 - Pole Signs a. Pole signs shall be limited to two (2) square feet of signage per one (1) linear foot of addressed building frontage and shall not exceed 60 square feet, except as provided in Section 21- 61.07. Rev.6 -20 -11 (LandDevelopmentCode) VI -4 b. Pole signs shall be a maximum of twenty feet (20') high with a minimum nine foot (9') clearance above the ground or sidewalk. No pole sign shall be located closer than fifty feet (50') from any existing pole sign. c. Except for shopping centers as described in Section 21- 61.07, there shall be only one (1) pole sign per parcel. d. The sign area shall be calculated to include the outside edge of the sign cabinet or frame. e. Except as provided in Section 21 -62, a pole sign shall only be used to advertise a business on the same site. 21 -61.04 - Ground Signs a. Ground signs shall be limited to two (2) square feet of signage per one (1) linear foot of addressed building frontage and shall not exceed sixty (60) square feet, except as provided in Section 21- 61.07. b. Ground signs shall be a maximum of ten feet (10') high and shall be located in an approved landscaped buffer area. Ground signs shall not impede traffic visibility as outlined in Article III, "Site Triangle Requirements ". c. Except for shopping centers as described in Section 21- 61.07, there shall be only one (1) ground sign per parcel. No ground sign shall be located closer than fifty feet (50') from any existing ground sign. d. The sign area shall be calculated to include the outside edge of the sign cabinet or frame. e. Ground signs shall only be used to advertise a business on the same site. 21 -61.05 - Projecting Signs a. A projecting sign shall not extend more than four feet (4') beyond the surface of the building to which it is attached. b. The surface area of a projecting sign shall not exceed twenty -four (24) square feet per building. c. There shall be a minimum of nine feet (9') clearance between the bottom of a projecting sign and the ground surface or sidewalk. 21 -61.06 - Real Estate Signs a. A non - illuminated sign advertising the sale or lease of a business or parcel on which the sign is located shall be permitted in any zoning district. Rev.6 -20 -11 (LandDevelopmentCode) VI -5 b. The maximum sign size shall be thirty -two (32) square feet. c. Model home signs shall not exceed sixteen (16) square feet. 21 -61.07 - Shopping Center Signs a. Ground or pole signs for shopping centers may be constructed subject to compliance with the criteria described below. No other signage shall be permitted for these uses, except wall signs. Sign Criteria Parcel Width Less Parcel Width Greater Than 150 Ft. Than 150 Ft. Number of Signs per One Two Parcel Maximum Allowable 100 sq. ft. per side Anchor Structure Sign Area of All Signage On 200 sq. ft. total 100 sq. ft. per side the Site 200 sq. ft. total Tenants Sign 100 sq. ft. per side 200 sq. ft. total Maximum Height Above Poles - 20 feet Poles - 20 feet Ground Ground - 10 feet Ground - 10 feet Minimum Clearance From Poles - 9 feet Poles - 9 feet Ground Area Allowed For Center 20 percent maximum 20 percent maximum Name Area Allowed For Tenants 80 percent minimum 80 percent minimum Name 21 -61.08 - Wall Signs a. The total amount of wall signs allowed shall be two (2) square feet of signage per one (1) linear foot of addressed business frontage, not to exceed sixty -four (64) square feet. b. The area of a wall sign shall be calculated by summing the area of each letter and the corporate logo in the sign. 21 -61.09 - Window Signs The window area and the glass door area between four feet (4') and seven feet (7') above the adjacent ground shall not be covered by opaque signage. Rev.6 -20 -11 (LandDevelopmentCode) VI -6 21 -61.10 - Subdivision Signs A maximum one hundred (100) square feet in area ground sign identifying a subdivision may be located at each subdivision entrance provided the site triangle requirements of Article III are met. 21- 61.11— Electronic Message Centers /Signage a. Electronic message center signs are permitted only along U.S. 1, Park Avenue and S.R. 442 /Indian River Boulevard. No more than one electronic message center sign is permitted for each property frontage located on the above - referenced roadways. b. Signs must be set back a minimum of ten feet (10') from the right -of -way to the closest edge of the sign. c. Signs must be constructed as ground sign. d. The maximum electronic panel area shall not exceed 50% of the sign size. e. A sign with a sign face on two sides and no more than 4.5' feet of separation between faces shall be considered a single sign. f. Sign copy may change only at intervals of not less than five (5) seconds. Continuous scrolling, animation, or flashing of lights is prohibited. g. Obscene, immoral and /or lewd graphics and /or language shall not be displayed at anytime on the display screen area. h. The display screen area shall provide a high - resolution picture quality with pixel spacing of 16 millimeters or less. i. Maximum brightness is 5,000 nits during the day and 500 nits from dusk to dawn. j. A malfunctioning sign must be turned off or display a blank screen. k. Electronic message center signs shall not be added to any nonconforming sign. 1. All power to the sign shall be supplied via underground carrier, inside an improved conduit and installed to City requirements. m. The signage shall be maintained in a good operating condition and external appearance. n. Government electronic message center signs shall provide necessary public information, including but not limited to directions, schedules or information regarding public facilities or places of interest. The City Council may waive the standards in this section for a government sign provided that the deviation promotes the public health, safety and welfare. Rev.6 -20 -11 (LandDevelopmentCode) VI -7 o. Any electronic message center /signage in existence prior to adoption of the standards set forth in this Section and are not in conformance with said Section shall be deemed non - conforming pursuant to Article VII. p. Any electronic message center /signage in existence prior to adoption of the standards set forth in this Section and are not in conformance with said Section shall be deemed non - conforming pursuant to Article VII. SECTION 21 -62 - OFF -SITE SIGNS Off -site signs that advertise products or businesses located at a site other than the location of the business are deemed by this Article to constitute a separate use. The control and regulation of the display of such advertising deemed to be appropriate to the character and surrounding development shall be considered. It is intended that such advertising be confined to certain commercial and industrial properties. 21 -62.01 - General Requirements All off -site signs shall require approval by the City Council upon a recommendation from the Development Services Director and Building Official. a. Off -site signs shall be limited to twelve (12) square feet in area and shall not be located closer than one thousand feet (1,000') to another off -site sign. b. All off -site signs shall conform to the Standard Building Code construction requirements. i 21 -62.02 - City Franchise Signs The City Council may approve off -site signs for certain franchise agreements. The criteria for approval of off -site selection shall be consistent with the conditions contained in the Sign Franchise Agreement and shall be subject to City Council approval. Minimum standards include: a. A leading edge of a franchise sign shall not be closer than ten feet (10') to a paved surface of a public right -of -way, unless approved by the City Manager. b. Signs bearing public information, as designated by the City Manager, may be placed in any zoning district. c. A franchise sign shall have a minimum clearance of nine feet (9') above the ground and a maximum height of sixteen feet (16') except those placed on public transportation benches and shelters as approved through a competitive selection process pursuant to City standard procedures. Rev.6 -20 -11 (LandDevelopmentCode) VI -8 21 -62.03 - Public Information Signs Public information signs containing no commercial message, which are no greater than four (4) square feet in area may be located anywhere in the City. 21 -62.04 - Off -Site Wall Signs City Council may approve off -site wall signs subject to the following: a. The business /development has no other off -site signs. b. Signs shall not exceed thirty -two (32) square feet each. c. No more than one (1) wall sign per each side of the building with a maximum of two (2) signs per building. d. The total square footage allowed for all wall signs per building shall not exceed the requirements contained in Section 21- 61.08. e. Off -site wall signs are temporary and will be permitted for six (6) months. SECTION 21 -63 - TEMPORARY SIGNS 21 -63.01 - Portable Signs a. The Building Official may issue a portable sign permit to a business for a maximum of thirty (30) days per year to announce special events or grand openings. b. The maximum size of a sign shall be thirty -two (32) square feet. c. Only one (1) sign shall be permitted on a parcel at any one time. d. A sign shall not occupy any required parking space nor restrict on -site traffic flow. e. A portable sign shall not be located closer than ten feet (10') to the paved portion of a public right -of -way. f. Portable signs shall not have flashing or moving lights and shall not be affixed to another sign or structure or mounted for the purpose of making it a permanent sign. 21 -63.02 - Banner Signs a. The Building Official may issue only one (1) banner sign per street frontage at a time on a given parcel, for a special event such as grand openings. Rev.6 -20 -11 (LandDevelopmentCode) VI -9 b. Banner signs shall not be permitted in residential zoning districts and the B -4 district. c. The maximum sign area shall be thirty-two (32) square feet. d. Banners may display business or product logos and generic messages, but not specific sales information. e. Banners may be erected up to seven (7) days prior to the event, shall be removed within two (2) days after the event and shall be limited to ten (10) days per event two (2) times per year. f. The City Council may approve banners that do not comply with these requirements for citywide functions. 21 -63.03 - Political Campaign Signs. a. Political campaign signs shall be permitted as temporary signs and, as such, shall be removed within ten (10) days after the advertised candidate has been finally elected or defeated. A sign may remain through any primary or run -off election as to any candidate who is subject thereto. b. An applicant for a political campaign sign shall be issued one sign permit for an unlimited number of signs. The fee shall be as established by resolution. c. Signs shall not be placed in any public right -of -way, on any public property, attached to any utility pole nor attached to any tree. Signs located on private property shall have the written authorization of the property owner. d. Signs placed on private property shall be securely erected to prevent displacement by heavy winds and so placed as to not interfere with traffic visibility. e. Political campaign signs shall not exceed eight (8) square feet in area. f. Upon determination of the Code Compliance Officer, illegal signs shall be removed within twenty -four (24) hours after notification to the applicant. g. The City shall retain removed illegal political campaign signs for five (5) working days after notification before their destruction. An applicant may retrieve the signs during this period. 21 -63.04 - Special Events Signs Sign permit applications for special athletic, civic or charitable events located in or across right -of- ways shall be submitted to the City Clerk's office for the City Council's review and approval. Temporary garage sale signs may be permitted in City right of ways provided: Rev.6 -20 -11 (LandDevelopmentCode) VI -10 a. Signs may only be erected the day of the sale and . - • . - . . . . b. No sign shall be attached to any utility pole, signs or traffic control devices erected by any governmental agency. c. Garage sale signs shall not be located in County or State Road right of ways. SECTION 21 -64 - NON - CONFORMING SIGNS Any existing sign that is in violation of this Article at the effective date of this Chapter shall be deemed a legal non - conforming sign. Such signs may be continued subject to the conditions described below. 21 -64.01 - Amortization a. No non - conforming sign shall be altered, moved or repaired in any way except in full compliance with the terms of this Article. This provision shall not apply to the changing of temporary copy of changeable copy signs or to repairs necessary to maintain the structural integrity or safety of a sign so long as such repairs do not exceed fifty -one percent (51%) of the replacement cost of such sign. b. All non - conforming signs shall be removed or made to conform with this Article, no later than February 14, 2004. In the interim, said sign shall be maintained in good repair, subject to the conditions above. c. Failure to remove non - conforming signs by February 14, 2004 may subject the sign owner to the code compliance provisions of Article X. In this regard, a sign owner may enter into a sign agreement as described in Section 21 -65. 21 -64.02 - Removal a. An obsolete or deteriorated sign shall be removed by the owner, agent or person having beneficial use of the premises on which sign is located and shall be removed within thirty (30) days of written notification by the Code Compliance Department. b. Upon failure to comply with such notice, the Code Compliance Department shall cause the sign to be removed at the owner's expense, including any interest that may have accrued. c. Failure to pay such costs within thirty (30) days of the written notification of the removal costs shall create a lien against the sign owner in favor of the City. SECTION 21 -65 - SIGN AGREEMENTS The purpose of this Section is to provide a process and criteria by which the City can bring illegal Rev.6 -20 -11 (LandDevelopmentCode) VI -11 and/or non - conforming signs into compliance without adjudication by the Code Compliance Board or the court system. 21 -65.01 - Agreement Process a. An applicant shall provide a sign agreement that includes the criteria described in Section 21- 65.02. b. The applicant shall submit the required sign agreement not less than forty-five (45) days prior to the Planning and Zoning Board (P &Z) meeting at which the applicant wishes consideration. c. The P &Z shall conduct a public hearing after providing the following public notice: 1. Direct mail notice to all property owners of record within one hundred fifty feet (150') of the proposed sign location. 2. Post the proposed site no less than ten (10) days prior to the subject P &Z meeting. d. Upon completion of the P &Z deliberations, the agreement shall be scheduled for the next available City Council meeting. e. The City Council shall hold a public hearing regarding the proposed agreement after public notice in the same manner as provided above. f. The City Council shall take final action regarding the agreement within thirty (30) days, unless the applicant agrees to additional time. 21 -65.02 - Agreement Criteria At a minimum, the sign agreement shall include: a. The name, address and phone number of the applicant. b. The name, address and phone number of the existing sign site property owner. c. Any appropriate site drawings and plans. d. A timetable for removal of the existing sign. e. Any proposed site mitigation activities. f. The signature of the applicant. g. The signature of the site property owner. Rev.6 -20 -11 (LandDevelopmentCode) VI -12 h. The signature of the appropriate City official. Sections 21 -66 through 21 -69 reserved for future use. Rev.6 -20 -11 (LandDevelopmentCode) VI -13 AGENDA REQUEST Date: October 19, 2011 PUBLIC HEARING RESOLUTIONS 11/7/11 ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: Resolution 2011 -R -21 — Amending the By -Laws of the Library Board BACKGROUND: In order to follow the current by -laws, the Library Board is required to have at least three Regular Meetings during a year. The number of necessary meetings varies from year to year, depending on what issues arise. Had it not been for the discussion regarding the change to the by -laws there would have been no reason to have a meeting in October. Unless something came up in November or December there would have been no need to have a third Regular Meeting this year. Regular Meetings of the Library Board held so far in 2011 occurred on February 1, 2011, May 3, 2011 and October 4, 2011. Special Meetings were held on March 8, 2011 and March 23, 2011. At the October4, 2011 Library Board meeting, the Board unanimously voted to change the wording in Article V(A) Regular Meetings to "Regularly scheduled meetings of the Library Board shall be held the first Tuesday of the month "at the discretion of the Chairperson" instead of "at least three (3) times during a year ". STAFF RECOMMENDATION: Adopt Resolution 2011 -R -21 — Amending the By -Laws of the Library Board ACTION REQUESTED: Motion to adopt Resolution 2011 -R-21 — Amending the By -Laws of the Library Board FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, Lisa Bloomer racey T. F rlow Library Board Recording Secretary City Ma : "ger :lb Attachment Robin L. Matusick Paralegal RESOLUTION NO. 2011 -R -21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; APPROVING A REVISION TO ARTICLE V (MEETINGS /HEARINGS) TO THE LIBRARY BOARD BY -LAWS; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater has made the following determinations: 1. During the October 4, 2011 Library Board meeting, the Board voted to recommend a revision to their existing by -laws relating to Article V (Meetings /Hearings). 2. The revised 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 revised Library Board By -Laws which are attached hereto and incorporated herein 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. After a motion by with Second by , the vote on this resolution held on November 7, 2011 was as follows: AYE NAY Mayor Mike Thomas Councilman Justin A. Kennedy Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Ted Cooper 2011 -R -21 1 PASSED AND DULY ADOPTED this 7 th day of November, 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 th day of November, 2011 Aaron R. Wolfe, Esquire under Agenda Item No 8 . City Attorney Doran, Sims,Wolfe & Kundid 2011 -R -21 2 CITY OF EDGEWATER LIBRARY BOARD BY -LAWS ARTICLE I: Official Name The official name of this Board shall be the Library Board of the Edgewater Public Library, Florida, herein referred to as the Library Board. 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 Library Board may regulate this manner in which it elects officers, conducts meetings, and otherwise carries out its functions. The By -Laws will serve as a guideline in handling all affairs pertaining to the Edgewater Library Board and to promote the interest of good library services in cooperation with the County of Volusia. ARTICLE III: Membership A. Voting Members and Appointments 1. The Library Board shall have seven (7) 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 appointment shall be staggered. 2. A quorum shall consist of four (4) members. All recommendations and actions shall require affirmative vote of a majority of the members present. 1. Prior to appointment, prospective members shall submit a City application, stating therein a brief synopsis of their education, experience and reason for their interest in serving on the Library Board. 2. To be eligible for appointment, a prospective member shall be a resident of the City of Edgewater. 3. No member of the Library Board shall receive compensation for their service, provided however that members may be reimbursed for out -of- pocket expenses as approved by the City. 4. The Library Board 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 Library Board change residence to the extent he or she would not be eligible for appointment to the Library Board, the member shall forfeit the office and it shall be deemed vacant. 2. If a member is absent for three (3) meetings during any calendar year, said member shall forfeit the office and it shall be deemed vacant. 3. City Council may remove any member of the Library Board from office at any time. 4. Any vacancy 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 Library Board 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 Library Board shall appear for or represent any person in any matter before the Library Board other than him or herself. No past member shall appear before the Library Board except when representing him or herself or 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 and hearings of the Library Board and appoint any committees from the Library Board membership that are deemed necessary. 2. The Chairman shall be elected by a majority of the voting membership at the second Board meeting each year for a one (1) year term. The Chairman shall be eligible for re- election. B. Vice Chairman 1. The Vice Chairman shall be elected by the Library Board 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 Library Board shall elect a new Chairman and Vice Chairman. C. Other Presiding Officers Members of the Library Board may select as an additional member to preside over the meeting(s) in the absence of the Chairman and Vice Chairman. D. Recording Secretary The recording secretary shall be elected by the Library Board from among its regular members in the same manner as the Chairman and Vice Chairman. E. Board Coordinator 1. The board coordinator shall be provided by the City and be a City employee. 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 tapes shall be provided to the City Clerk for safekeeping. A copy of the minutes of all meetings shall be sent to the City Council, the Director of the Volusia County Public Libraries and to the Edgewater Library. 3. Any correspondence prepared by a member of the Library Board shall be provided to the board coordinator for distribution to the Library Board members. F. Professional Support The City shall provide professional support to the Library Board as may be necessary. ARTICLE V: Meetings /Hearings A. Regular Meetings Regularly scheduled meetings of the Library Board shall be held the first Tuesday of the month at 1 ast throe (3) timcs during a y ar at the discretion of the Chairperson. B. Special Meetings Special meetings or hearings of the Library Board may be called by the Chairman. C. Requirements All meetings shall be open to the public, provide due public notice, follow Roberts Rules of Order and the Florida Sunshine Laws. ARTICLE VI: Powers and Duties A. The Library Board shall exercise the following powers and duties: 1. Encourage gifts for the library. 2. Work actively for the improvement of all libraries by supporting library legislation in the state and nation. 3. Attend Board meetings regularly. Representatives of the Board should attend Friends of the Library meetings. 4. Become familiar with what constitutes good library service by reading and attending meetings concerned with library development. 5. Support the provision of the library concept between the City and County of Volusia. ARTICLE VII: Amendments The By -Laws may be amended at a regular or special meeting of the Library Board, provided that an affirmative vote of the majority of the members present is obtained and approved by City Council. Adopted by the Board this 4th day of October , 2011. Marilyn Fausti, Chairperson Attest: Lisa Bloomer, Board Coordinator d AGENDA REQUEST Date: October 26, 2011 PUBLIC HEARING November 7, 2011 RESOLUTION November 7, 2011 ORDINANCE CONSENT OTHER BUSINESS CORRESPONDENCE ITEM DESCRIPTION: Resolution # 2011 -R -22 Approve Final Year End Budget appropriations for Fiscal Year 2010 -2011. BACKGROUND: Per Florida Statutes, including Chapter 200.065 (2)(e) 1. Provides that the City Council shall adopt a final budget and all adjustments prior to 60 days after the end of the fiscal year. STAFF RECOMMENDATION: Staff recommends City Council approve Resolution 2011 -R -22 herein referred to as the Final Year End Amended Budget for Fiscal Year 2010 — 2011. ACTION REQUESTED: Motion to approve Resolution 2011 -R -22. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES _ NO x DATE: AGENDA ITEM NO. Respectfu submitted, Concurrence: ' I F flA (______ ( `. athan C. McKinney Robin Matusick • finance Director Paralegal • 7 i. T racey : rlow City =nager RESOLUTION 2011 -R -22 A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, ADOPTING FINAL YEAR BUDGET ADJUSTMENTS TO THE 2010 -2011 FISCAL YEAR BUDGET AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater, by Resolution 2010 -R -15, adopted an operating budget for Fiscal Year 2010 -2011; and WHEREAS, the City Manager performed an extensive mid year review, by Resolution 2011 -R -10 of the revenue and expenditure figures for each fund to compare the current amounts with the amount budgeted; and WHEREAS, the City Manager performed an extensive year end review of the revenue and expenditure figures for each fund to compare the current amounts with the amount budgeted; and WHEREAS, the year end budget adjustments will allow the City of Edgewater to finanlize the Fiscal Year 2010 -2011 Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY Section 1. Final Budget Adjustment: The City Council of the City of Edgewater amends the Fiscal Year 2010 -2011 budget by revising the budget in total pursuant to itemizations contained in Exhibit "A" which is attached hereto and incorporated herein. II ! Section 2. Effective Date. This Resolution shall become effective immediately upon passage and adoption. After Motion for approval by and Second by the vote on this Resolution 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 November, 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 November, 2011 Aaron R. Wolfe, Esquire under Agenda Item No 8 City Attorney Doran, Sims,Wolfe & Kundid FINAL SUMMARY OF FUNDS Exhibit "A" AMENDED BUDGET ACTUAL FINAL AMENDED BUDGET REVENUES AND EXPENSES FY 2010 - 2011 REVENUES EXPENDITURES REVENUES EXPENDITURES REVENUES EXPENDITURES VARIANCE 001- GENERAL $ 12,454,109 $ 12,454,109 $ 10,946,370 $ 11,669,424 $ 12,000,000 $ 12,000,000 $ (454,109) 105 - ANIMAL SERVICES $ 259,405 $ 259,405 $ 238,014 $ 225,694 $ 250,000 $ 250,000 $ (9,405) 113 - LAW ENFORCEMENT BLOCK $ 9,801 $ 9,801 $ 6,274 $ 6,271 $ 6,500 $ 6,500 $ (3,301) 114- GRANTS $ - $ - $ - $ - $ - $ - $ - 115 - SPECIAL LAW ENFORCEMENT TRUST $ 78,879 $ 78,879 $ 9,391 $ 6,926 $ 10,000 $ 10,000 $ (68,879) 116 - TRANSPORTATION IMPACT FEE $ 395,363 $ 395,363 $ 49,856 $ - $ 75,000 $ 75,000 $ (320,363) 117 - POLICE IMPACT FEE $ 140,160 $ 140,160 $ 4,166 $ - $ 5,000 $ 5,000 $ (135,160) 118 - FIRE IMPACT FEE $ 223,358 $ 223,358 $ 5,307 $ 219,000 $ 223,358 $ 223,358 $ - 119 - RECREATION IMPACT FEE $ 153,997 $ 153,997 $ 9,772 $ - $ 15,000 $ 15,000 $ (138,997) 120 - SCHOLARSHIP FUND $ 500 $ 500 $ 448 $ - $ 500 $ 500 $ - 205 - I & S DEBT SERVICE $ 32,151 $ 32,151 $ 31,850 $ 30,765 $ 32,151 $ 32,151 $ - 220 - DEBT SERVICE $ 927,436 $ 927,436 $ 264,748 $ 277,284 $ 300,000 $ 300,000 $ (627,436) 331 - CAPITAL PROJECTS $ 3,413,860 $ 3,413,860 $ 1,738,962 $ 1,628,922 $ 2,000,000 $ 2,000,000 $ (1,413,860) 440 - WATER & SEWER $ 8,400,268 $ 8,400,268 $ 7,929,935 $ 8,232,954 $ 8,400,268 $ 8,400,268 $ - 442 - WATER DEVELOPMENT $ 524,828 $ 524,828 $ 40,412 $ 87,622 $ 100,000 $ 100,000 $ (424,828) 443 - SEWER DEVELOPMENT $ 490,500 $ 490,500 $ 44,836 $ 174,887 $ 200,000 $ 200,000 $ (290,500) 444 - RENEWAL & REPLACEMENT $ 1,541,653 $ 1,541,653 $ 2,436,706 $ 2,005,827 $ 2,500,000 $ 2,500,000 $ 958,347 445 - RATE STABILIZATION $ 500,000 $ 500,000 $ 62,789 $ - $ 62,789 $ 62,789 $ (437,211) 447 - REFUSE $ 3,537,585 $ 3,537,585 $ 2,700,156 $ 2,680,428 $ 3,537,585 $ 3,537,585 $ - 448 - STORMWATER OPERATING $ 1,474,369 $ 1,474,369 $ 1,308,803 $ 1,183,822 $ 1,400,000 $ 1,400,000 $ (74,369) 449 - STORMWATER CAPITAL $ 350,500 $ 350,500 $ 344,482 $ 155,218 $ 350,500 $ 350,500 $ - 450 - PUBLIC WORKS COMPLEX $ - $ - $ 344,482 $ 155,218 $ 550,000 $ 550,000 $ 550,000 501 - MIS $ 359,279 $ 359,279 $ 359,145 $ 347,118 $ 359,279 $ 359,279 $ - 502 - FLEET $ 744,728 $ 744,728 $ 759,951 $ 729,099 $ 760,000 $ 760,000 $ 15,272 503 - LOSS $ 355,916 $ 355,916 $ 355,957 $ 306,940 $ 356,000 $ 356,000 $ 84 504 - FULLY INSURED INSURANCE $ 2,142,727 $ 2,142,727 $ 2,221,166 $ 2,157,594 $ 2,225,000 $ 2,225,000 $ 82,273 505 - WORKERS COMPENSATION $ 270,131 $ 270,131 $ 195,756 $ 220,048 $ 220,050 $ 220,050 $ (50,081) TOTAL ALL FUNDS $ 38,781,503 $ 38,781,503 $ 32,409,734 $ 32,501,061 $ 35,938,980 $ 35,938,980 $ (2,842,523) AGENDA REQUEST Date: October 27, 2011 PUBLIC HEARING November 7, 2011 RESOLUTION November 7, 2011 ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: Resolution No. 2011 -R -23 Modifying administrative fees to the Schedule of costs /fees relating to the City of Edgewater Code of Ordinances, which includes Chapter 19 (Utilities) and other administrative fees and costs. BACKGROUND: At the budget Workshops held on August 15, 2011 staff provided a presentation of the Fiscal Year 2012 budgets. Based on this presentation of budget to Council, staff was instructed to complete a Rate Study and bring a resolution back to Council for formal action. STAFF RECOMMENDATION: Staff recommends adopting Resolution No. 2011 -R -23 modifying administrative fees to the Schedule of costs /fees relating to the City of Edgewater Code of Ordinances, which includes Chapter 19 (Utilities) and other administrative fees and costs. ACTION REQUESTED: A motion to approve Resolution No. 2011 -R -23 FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO If so, DATE: AGENDA ITEM # RespectfuH�y submitted, Concurrence: 7 Ili /4 J.o C. McKinney Robin L. MatGsick Finance Director Paralegal / - .41111.40 1° Tracey Barlow City : nager )©a, AGENDA REQUEST CA# 2011 -SA -1104 Date: October 25, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS November 7, 2011 ITEM DESCRIPTION Steve Holmes, agent for the Edgewater Rotary, is requesting the permit fee be waived for a Special Activities permit for the Edgewater Rotary Cow Meadow Bingo event to be located at the Edgewater Ranch at the southeast corner I -95 and SR 442 intersection. Outdoor amplified public address system will be used from 2:00 pm until 8:00 pm. BACKGROUND The event is scheduled for November 12, 2011 with the hours of operation being from 2:00 p.m. to 8:00 p.m. The applicant will be responsible for any law enforcement and other expenses the City incurs during this event. The expected attendance is approximately 600 and therefore does not require Council review. However, the applicant is requesting that the Special Activity Permit fee of $300.00 be waived. STAFF RECOMMENDATION Staff recommends the Special Activity permit fee be waived for the November 12, 2011 Edgewater Rotary Cow Meadow Bingo event. ACTION REQUESTED Motion to waive the Special Activity permit fee for the November 12, 2011 Edgewater Rotary Cow Meadow Bingo event. FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM NO. Respect u 1 Submitte1, Concurrence: oll■ Darr- Lear 1 Robin Matusick Development Services Director Paralegal racey . Barlow City anager Edgewater Rotary 2347 S Ridgewood Ave Edgewater, FL 32141 City of Edgewater 104 N Riverside Drive Edgewater, FL 32132 Honorable Mayor and Council, Edgewater Rotary is an International organization with deep local roots. The Edgewater Rotary Club not only provides support for the eradication of polio and many other International Rotary efforts, we also provide unique community services. Your local club supports our local Boy Scouts, YMCA, provide free dictionaries to our local elementary schools, provide food and toys for several local families every Christmas, work with High School students via Interact Program and much more. We receive no funding to support these programs and must rely on our own fundraising efforts. One such event is the Edgewater Rotary Cow Meadow Bingo. The event will take place on the "Edgewater Ranch" site (south side of SR 442 just east of 1 -95). We respectfully request a waiver of the $300 permit fee due to our non - profit status and our commitment to our community. Thank you for your c• ration, „Air Steve Hol -s Treasurer Edgewater Rotary Club lob AGENDA REQUEST Date: October 26, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS November 7, 2011 ITEM DESCRIPTION Approval of the Construction Board of Adjustment and Appeals motion to issue an Order for Condemnation of the structure located at 1017 36 Street. BACKGROUND On November 7, 2010, the City of Edgewater Fire Department responded to a full alarm assignment for a residential structure fire located at 1017 36 Street. Upon arrival, fire crews found the uninhabited single- family block home to be engulfed by heavy flames through approximately 75% of the structure. The house sustained extreme fire damage and the roof structure, windows and interior walls were destroyed by the fire. On July 26, 2011 the Construction Board of Adjustment and Appeals for the City of Edgewater, Florida conducted a public hearing to review the notice of violation issued pursuant to Section 10- 137 of the Code of Ordinances by the Building Official Dennis Fischer pertaining to said structure. Upon finding that the structure is in a condition that is a danger to the public health, safety and welfare of the citizens of Edgewater, the Board issued an "Order of Condemnation ". A copy of the order was mailed by certified mail to the current owner as listed in the public records and the attorney for the mortgage holder. The certified mail was returned to sender as "unclaimed ". The attorney of record signed for his copy and no response has been received to this date. Pursuant to Section 10 -140, Code of Ordinances, City Council must affirm the Board's Order of Condemnation and authorize staff to proceed with demolition of the structure. The estimated cost of demolition of the structure will be approximately $4,800 and the City will subsequently lien the property for said costs. STAFF RECOMMENDATION Staff recommends City Council uphold the order by the Construction Board of Adjustment and Appeals for the condemnation and demolition of the single - family home structure located at 1017 36 Street. ACTION REQUESTED Motion to approve the condemnation and demolition of the single - family home structure located at 1017 36 Street. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM NO. Res : ectfully submitted, Concurrence: I D.rren Lear f Robin L. Matusick Development Services Director Paralegal ,__ f1' Tracey . City ' anager CITY OF EDGEWATER Construction Board of Adjustment and Appeals Regular Meeting — Tuesday, July 26, 2011 5 :30 p.m. 1. CALL TO ORDER Vice-Chairman Foster called to order the Regular Meeting of the Construction Board of Adjustment and Appeals at 5 :40 p.m., July 26, 2011 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida. 2. ROLL CALL Members present were Brian Foster, Diane Freeman, Bruce Mann, Michael Raulerson, and Scott Waldroff. Michael Bosse was absent and Andy Hunt was excused. Also present were Building Official Dennis Fischer, City Attorney Michael Cuchetti and Board Coordinator Lynne Buckingham. 3. APPROVAL OF MINUTES Ms. Freeman moved to approve the minutes of the May 31, 2011 regular meeting as read, second by Mr. Waldroff. MOTION CARRIED 5 4. SWEARING IN OF WITNESSES: Building Official Dennis Fischer PUBLIC HEARINGS 5. OLD BUSINESS None at this time. 6. NEW BUSINESS a. Condemnation hearing of 1017 36th St- Patrick and Beth Otworth- Mr. Fischer provided background information. There were no questions from the Board regarding the case. No one was present to testify. MOTION by Bruce Mann, SECOND by Michael Raulerson to issue an Order of Condemnation with a 30 day notice to the property owner to apply for permits or demolition. MOTION CARRIED 5 7. OTHER BUSINESS None at this time. 07/26/11 CBAA minutes CITY OF EDGEWATER Construction Board of Adjustment and Appeals Regular Meeting — Tuesday, July 26, 2011 5 :30 p.m. 8. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 5.55 p.m. Minutes respectfully submitted by: Lynne Buckingham Board Coordinator 07/26/11 CBAA minutes r City of IL G E July 6, 2011 The following is a time line regarding items placed in the public records of Volusia County. All records are under the names of Patrick and /or Beth Otworth at 1017 36th Street. 03/07/02 Deed 03/07/02 Notice of commencement 03/07/02 Mortgage $91,400.00 to Market Street Mortgage, Inc. 07/28/03 Mortgage $111,500.00 to Platinum Capital 08/25/03 Satisfaction to Market Street Mortgage, Inc. 12/06/04 Mortgage $15,800.00 to Wells Fargo 08/29/05 Mortgage $163,200.00 to Wells Fargo 10/20/05 Satisfaction to Platinum Capital 08/22/06 Mortgage $191,501.74 to Household Finance 09/13/06 Satisfaction to Wells Fargo 12/16/09 Halifax Hospital lien $40,646.00 01/05/10 Halifax Hospital lien $1,771.00 05/03/10 Notice of Lis Pendens from Household Finance 11/06/10 Fire at residence 02/25/11 City of Edgewater utility lien $1,263.27 + 7% int 03/21/11 City of Edgewater Code Enforcement lien $75.00 + $50.00 per day 04/06/11 Notice of Dismissal of Lis Pendans by Household Finance Dennis I. Fischer Building Official Building Department P.O. Box 100 • Edgewater, FL 32132-0100 (386) 424 -2400 Ext. 1511 • Fax (386) 424 -2423 www.cityofedgewater.org CAI of E Date June 23, 2011 Notice of Intent for Condemnation One or more structure(s) located at: Address: 1017 36 Street Tax Parcel Identification No. 8402 -01 -14 -8340 has been found by the Building Official to be in a dilapidated, City official unsanitary, unsafe or uninhabitable condition pursuant to Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement) of the City of Edgewater Code of Ordinances and the Standard Unsafe Building Abatement Code, 1985 Edition. (See attached inspection report) A hearing for full determination of condemnation shall be heard by the City of Edgewater Construction Board of Adjustment and Appeals (CBAA) on July 26' 2011 at 5:30 pm The CBAA meeting will be held at 104 N Riverside Drive Edgewater, Fl. 32132. There shall be no occupancy or use for any purpose of said structure(s) henceforth. Bennis Fisc er, Building Official C ity Of Edgewater 100 • Edgewatrr. FI 3 132 0100 x.:386} 424 0400 lA 14 c ityofedgetunte r ((QQ ' City of IEDGEW,, June 23, 2011 Enrico G. Gonzalez, P.A. 6255 East Fowler Ave. Temple Terrace, Fl. 33617 Re: Condemnation Order on 1017 36th Street Edgewater, Fl. 32132 Case No: 2010 - 20519 -CINS Dear Mr. Gonzalez, Please be informed that a condemnation hearing will be held at the City of Edgewater Council Chambers on Tuesday July 26, 2001. The above property has sustained severe damage due to a fire last November 6, 2010. We have tried numerously to contact the owner and mortgage holder regarding the condition of this property. Failure to respond to notifications from Code Enforcement liens are currently on this property. This hearing will begin the process of demolition of the structure and a special assessment placed on the property to recover the cost. As Attorney for Household Finance Corporation III I am informing you of the cities intentions. Please contact this office at 386- 424 -2411 ext. 1511. Since ly, ennis I. ischer Building Official F3uildii _1Je�nxtt ;lent c). Box 100 • Edgewater, FT. 32i.32 0100 it361 424 2400 Ext 1511 • (386( 424 2423 totoo t °it tiofedgewuter orq "*" / r' City of ILEDG Inc 1951 A TE June 23, 2011 Beth E. Otworth 316 Challenger Ave. Davenport, Fl. 33897 Re: Condemnation Order on 1017 36th Street Edgewater, Fl. 32132 Case No: 2010 - 20519 -CINS Dear Ms. Otworth, Please be informed that a condemnation hearing will be held at the City of Edgewater Council Chambers on Tuesday July 26, 2001. The above property has sustained severe damage due to a fire last November 6, 2010. We have tried numerously to contact the owner and mortgage holder regarding the condition of this property. Failure to respond to notifications from Code Enforcement liens are currently on this property. This hearing will begin the process of demolition of the structure and a special assessment placed on the property to recover the cost. As current owner of the property I am informing you of the cities intentions. Please contact this office at 386 - 424 -2411 ext. 1511. Since ely, ennis I. ischer Building Official BuildingDepat fluent B& 100 • F igt V4 at r. FL 121.12 (1100 0.((- ) ' . ■■ ! i F . 1 ( 0 3 6 ) 4 2 4 ) 4 ) , t 'i to fetiye LI'0 tet. orq USPS - Track & Confirm Page 1 of 1 UNITED STATES Home I Help I POSTAL SERVICE:: sign In Track & Confirm FAQs Track & Confirm Search Results Label /Receipt Number: 7009 0080 0001 7677 8952 Expected Delivery Date: June 27, 2011 Track & Confirm Class: First -Class Mail Enter Label /Receipt Number. Service(s): Certified Mail'" Return Receipt Status: Notice Left > We attempted to deliver your item at 11:47 am on June 27, 2011 in DAVENPORT, FL 33837 and a notice was left. You may arrange redelivery by visiting www.usps.com /redelivery or calling 800 - ASK -USPS, or may pick up the item at the Post Office indicated on the notice. If this item is unclaimed after 15 days then it will be returned to the sender. Information, if available, is updated periodically throughout the day. Please check again later. Detailed Results: • Notice Left, June 27, 2011, 11:47 am, DAVENPORT, FL 33837 • Arrival at Unit, June 27, 2011, 7:20 am, DAVENPORT, FL 33837 • Processed through Sort Facility, June 26, 2011, 2:07 am, LAKELAND, FL 33805 • Acceptance, June 24, 2011, 4:20 pm, EDGEWATER, FL 32132 Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Ga> Site Map Customer Service Forms Gov't Services Careers Privacy Policy Terrns of Use Business Customer Gateway Copyrightts) 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOtA https: / /trkcnfrm2.smi. asps. com/ PTSlnternetWeb /InterLabellnquiry.do 7/5/2011 USPS - Track & Confirm Page 1 of 1 UNITED STATES Home 1 Help 1 POSTAL SERVICE gian In Track & Confirm FAQs Track & Confirm Search Results Label /Receipt Number: 7009 0080 0001 7677 8945 Expected Delivery Date: June 27, 2011 Track & Confirtn Class: First -Class Mail Enter Label /Receipt Number. Service(s): Certified Mail'' Return Receipt Status: Delivered Your item was delivered at 10:11 am on June 27, 2011 in TAMPA, FL 33617. Detailed Results: • Delivered, June 27, 2011, 10:11 am, TAMPA, FL 33617 + Processed through Sort Facility, June 26, 2011, 12:52 am, TAMPA, FL 33630 + Acceptance, June 24, 2011, 4:21 pm, EDGEWATER, FL 32132 Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Go) Site Map Customer Service Forms Gov't Services Careers Privacy Policy Terms of Use Business Customer Gateway Copyright© 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOlA https:// trkcnfrm2. smi. usps. com/ PTSlnternetWeb /InterLabelInquiry.do 7/5/2011 04/06/2011 03:22 PM Instrusent# 2011- 056871 # 1 Book: 6580 Page: 2296 IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT STATE OF FLORIDA, IN AND FOR VOLUSIA COUNTY GENERAL CIVIL DIVISION HOUSEHOLD FINANCE CORPORATION III ) Case No.: 2010 - 20519 -CINS Plaintiff ) . 0 vs ) ) PATRICK D. OTWORTH; BETH E. ) OTWORTH; and UNKNOWN OCCUPANTS, ) TENANTS, OWNERS, AND OTHER UNKNOWN ) PARTIES, including, if a named ) defendant is deceased, the ) personal representatives, the ) surviving spouse, heirs, devisees, ) grantees, creditors, and all other ) parties claiming by, through, under) int or against that defendant, and all ) nm claimants, persons or parties, ) G o "mow natural or corporate, or whose ) �-�n exact legal status is unknown, ) rn claiming under any of the above ) r named or described defendants ) v c r C // Defendants ) NOTICE OF DISMISSAL WITHOUT PREJUDICE AND CANCELLATION OF NOTICE OF LIS PENDENS Plaintiff, HOUSEHOLD FINANCE CORPORATION III, by and through its undersigned attorney, and pursuant to Rule 1.420 of the Florida Rules of Civil Procedure, hereby enters its Notice of Dismissal without Prejudice and Cancellation of the Notice of Lis Pendens on the following described property: LOT (S) 14834 AND 14835, BLOCK 477, FLORIDA SHORES NO. 26, ACCORDING TO THE PLAT THEREOF AS RECORDED IN MAP BOOK 19, PAGE 246 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. I HEREBY CERTIFY that a true copy of the foregoing has been furnished by U.S. Mail to Beth E. Otworth, 316 Challenger Avenue, 1 66 Instrument# 2011- 056871 1 2 Book: 6580 Page: 2297 Wane M. Matousek Volusia Canty, Clerk of Court Davenport, FL 33897, this / day of April, 2011. ENRICO G. GONZALEZ, P.A. Attorney at Law ENRICO G. eONZ• ESQ RE 6255 East Fo»» er Avenue Temple Terrace, FL 617 Telephone No. 813/980 -6302 Fax No. 813/980 -6802 Florida Bar No. 861472 Attorney for Plaintiff Edgewater Fire Department - 1605 S. Ridgewood Av, Edgewater, FL 32132 3864242445 424 -2445 A 08042 FL 11/06/2010 S55 2010015929 00 NFIRS -1 FDID State Incident Date Station Incident Number Exposure Basic BLocation ❑ See Wildland Fire Module for Location Census Tract 1 Street address 1017 36TH ST Number /Milepost Prefix Street or Highway Street Type Suffix DIST: 33.88 FT EDGEWATER FL 32141 - Apt. /Suite /Room City State Zip Code 35TH ST Cross Street or Directions C Incident Type El Dates & Times E Shifts & Alarms 111 Building fire Local Option Date Time Incident Type 0 1 S57 Dispatch 11/06/2010 11:43:19 DAid Given or Received Shift or Alarms District p Arrival 11/06/2010 11:49:58 platoon 2 Automatic aid ❑ Controlled E 3 Special Studies Local Option p Last Unit 11/06/2010 15:23:58 N Cleared Special Specia Stud ID# Stud V alue F Action Taken GI Resources G2 Estimated Dollar Losses & Values 11 Extinguishment by fire service personnel ❑ Check this box and skip this section if an LOSSES: Required for all fires if known. g y p Apparatus or Personnel form is used. Optional for non fires. None Primary Action Taken (1) Apparatus Personnel Suppression 5 14 Property $ 120,000 ❑ 12 Salvage & overhaul EMS 1 2 Contents $ 30,000 ❑ Additional Action Taken (2) Other 3 4 PRE - INCIDENT VALUE: Check box if resource counts include aid Property $ 120,000 ❑ Additional Action Taken (3) ❑ received resources Contents $ 30,000 ❑ Completed Modules Hi Casualties © None H3 Hazardous Materials Release I Mixed Use Property ' X Fire -2 Deaths Injuries X Structure -3 Fire N None NN Not mixed use — Civilian Fire Cas. -4 Service Fire Serv. Casualty-5 — _ EMS-6 Civilian _ HazMat -7 Detector Wildland Fire -9 H2 X Apparatus -9 X Personnel -10 U Unknown Arson -11 J Property Use 419 1 or 2 family dwelling M Authorization Officer in charge ID Rank Assignment Date E2090 Captain DIV55 Signature JILL DANIGEL Check box if Member Making same as Report's ID Rank Assignment Date • g e e r E1266 Lieutenant E57 11/06/2010 Signature BRUCE COATES Edgewater Fire Department - 1605 S. Ridgewood Av, Edgewater, FL 32132 3864242445 424 -2445 Incident: 2010015929 -00 K Person /Entity Involved Local Option Business name (if applicable) Phone Number ❑ Check this bo if same address x as Mr., Ms., Mrs. First Name MI Last Name Suffix incident location. Then skip the three duplicate address 1017 36TH ST lines. Number Prefix Street or Highway Street Type Suffix DIST: 33.88 FT EDGEWATER Post Office Box Apt. /Suite /Room City FL 32141 - State Zip Code Owner Sa me peon i nlved? K 2 ❑ Then che ck th box vo and skip Local Option the rest of this section. Business name (if applicable) Phone Number Che th if ❑ same ck address is box as Mr., Ms., Mrs. First Name MI Last Name Suffix incident location. Then skip the three duplicate address lines. Number Prefix Street or Highway Street Type Suffix Post Office Box Apt. /Suite /Room City State Zip Code L Remarks: Local Option Time /Date: 07:04 on 11/07/2010 by JIM JOLLIE E1969 JJOLLIE E55: RESPONDED WITH FULL ALARM ASSIGNMENT FOR RESIDENTIAL STRUCTURE FIRE. WEATHER, COOL, DRY WITH NE WINDS APPROX 15 -20 MPH. WEATHER WAS A FACTOR WITH FIRE SPREAD. UPON ARRIVAL FOUND SINGLE - FAMILY, BLOCK HOME, NO CARS IN DRIVEWAY, GARAGE DOOR DOWN, WITH HEAVY FLAMES SCENE IN APPROX 75% OF HOME COMING FROM FRONT DOOR /LIVING ROOM WINDOWS, ALREADY VENTING THROUGH ROOF AT "A" SIDE OF STRUCTURE. WINDS PUSHING SMOKE /HEAT /FLAMES FROM "A" SIDE TO "C" SIDE OF STRUCTURE. E55 ESTABLISHED COMMAND, ADVISED TO KEEP UNITS COMING EMERGENCY COMPLETE WITH TENDERS DUE TO LACK OF HYDRANTS CLOSER THAN APPROX 1000' FROM STRUCTURE. UNABLE TO INITIALLY PERFORM COMPLETE WALK- AROUND DUE TO LOCKED FENCE GATE. DUE TO VOLUME OF FIRE AND ROOF VENTING, CREWS ESTABLISHED 2 1/2" PRE- CONNECT TO "A" SIDE, DEFENSIVE MODE. E55 CREW CONTINUED TO ATTACK FIRE AND VENTED REMAINING WINDOWS LEFT IN Edgewater Fire Department - 1605 S. Ridgewood Av, Edgewater, FL 32132 3864242445 424 -2445 L 2 Remarks: Local Option STRUCTURE. ADDITIONAL UNITS ESTABLISHED WATER SUPPLY, SECONDARY HAND - LINES, AND ASSISTED IN USING K12 TO CUT ACCESS POINT INTO GARAGE DOOR. ONCE FIRE WAS EXTINGUISHED, CREWS BEGAN PERFORMING OVERHAUL AND PLEMINARY INVESTIGATION. HOME APPEARED TO BE VACANT AND PRIMARY /SECONDARY SEARCHES FOUND 'ALL CLEAR.' SCENE SECURED AND INVESTIGATION STARTED BY EFR FM55 AND STATE FIRE MARSHAL. LT. J JOLLIE E57: WATER SUPPLY TO E55 ON SCENE PTA OF E57 AND TENDER 57,ASSISTANCE WITH OVERHAUL OF VACANT RESIDENTIAL STRUCTURE. Edgewater Fire Department - 1605 S. Ridgewood Av, Edgewater, FL 32132 3864242445 424 -2445 A 08042 FL 11/06/2010 S55 2010015929 00 NFIRS - 2 FDID State Incident Date Station Incident Number Exposure Fire B Property Details C On -Site Materials or Products El None B1 1.00 Not Residential Estimated number of residential living units in building of origin whether or not all units On -site material (1) became involved B2 1.00 Buildings not involved Number of buildings involved On -site material (2) B 3 © None Acres burned (outside fires) Li Less than one acre On -site material (3) D Ignition E 1 Cause of Ignition E 3 Human Factors 0 Check box If this is an exposure report. Contributing to Ignition D1 UU Undetermined 5 0 Cause under investigation 1 Asleep Area of fire origin 2 _ Possibly impaired by alcohol or drugs D 3 _ Unattended person 2 UU Undetermined 4 _ Possibly mentally disabled Heat source 5 Physically disabled 6 Multiple persons involved D 3 UU Undetermined E 2 Factors Contributing to Ignition Item first ignited 1 El Check box if fire spread was 7 LJ Age was a factor confined to object of origin 0 None Estimated age of D 4 UU Undetermined person involved to nition 1 Factor contributin Type of material first ignited Required only if item first g g ( ) ignited code is 00 or <70 Factor contributing to ignition (2) 1 Male 2 El Female F1 Equipment Involved in Ignition F 2 Equipment Power G Fire Suppression Factors © None If equ ipment G was not involved, skip to Enter up to three codes. Secti None Equipment Power Source Equipment Involved Brand Fire suppression factor (1) F3 Equipment Portability Model Q Fire suppression factor (2) Serial # Portable equipment normally can be moved by Year one person, is designed to be used in multiple Fire suppression factor (3) locations, and requires no tools to install. H Mobile Property Involved H 2 Mobile Property Type & Make Local Use 0 None Pre -Fire Plan Available Mobile property type Some of the inbi7formation presented in this report m be based upon reports from other agencies: Mobile property make Arson report attached LI Police report attached Coroner report attached Other reports attached Mobile property model Year License Plate Number State VIN Number 4 Edgewater Fire Department - 1605 S. Ridgewood Av, Edgewater, FL 32132 3864242445 424 -2445 11 Structure Type 12 Building Status 13 Building 1 Main Floor Size NFIRS - 3 If fire was in an enclosed building or a Height portable /mobile structure Do not count the ROOF as a Structure complete the rest of this form story Fire 1 © Enclosed building 6 © Vacant and unsecured 1 1,500 Total number of stories at or Total square feet above grade OR 0 50 BY 30 Total number of stories Length in feet Width in feel below grade J 1 Fire Origin j 3 Number of Stories Damaged By Flame K Material Contributing Most To Flame Spread Count the ROOF as part of the highest story ❑ Check if no flame spread 1 ❑ Below grade Number of stories w/ minor damage OR same as material first ignited Story of (1 to 24% flame damage) OR unable lo determine fire origin Number of stories w/ minor damage K1 17 Structural member or framing (25 to 49% flame damage) Item contributing most to flame spread J 2 Fire Spread Number of stories w/ minor damage (50 to 74% flame damage) 4 © Confined to building of K2 UU Undetermined 1 Number of stories w/ minor damage Type of material contributing origin (75 to 100% flame damage) most to flame spread L1 Presence of Detectors L Detector Power Supply L 5 Detector Effectiveness (In area of the fire) Required if detector operated. N © None present ❑ ❑ L Detector Type L4 Detector Operation L 6 Detector Effectiveness Required if detector failed to operate. ❑ ❑ ❑ Presence of Automatic Extinguishment System Automatic Extinguishment Automatic Extinguishment M 1 M 3 System Failure Reason M 5 System Failure Reason N © None Present ❑ Required if system faded M 2 Type of Automatic Extinguishment System M 4 Number of Sprinkler Heads Required if fire was within designated range of AES El Required if system operated Number of sprinkler heads operating Edgewater Fire Department - 1605 S. Ridgewood Av, Edgewater, FL 32132 3864242445 424 -2445 A ❑ Delete NFIRS - 9 08042 FL 11/06/2010 S55 2010015929 00 Apparatus or FDID State Incident Date Station Incident Number Exposure 0 Change Resources B Apparatus or Dates and Times Sent Number Use Actions Taken I Resource Check if same date as alarm date of Check ONE box for each P eople apparatus to indicate its main Use codes listed below use at the incident. 1 ID BAT54 Dispatch IN 11/06/2010 1143 Arrival ® 11/06/2010 1154 ❑ 1 ® Other Type 91 Clear /2 11/06/2010 1229 2 ID E22 Dispatch ® 11/06/2010 1143 Arrival ® 11/06/2010 1214 3 ® Suppression Type 11 Clear IN 11/06/2010 1229 31 ID E55 Dispatch ® 11/06/2010 1143 Arrival ® 11/06/2010 1149 ❑ 3 ® Suppression Type 11 Clear © 11/06/2010 1407 _ 4 ID E57 Dispatch ® 11/06/2010 1143 Arrival © 11/06/2010 1208 0 2 © Suppression Type 11 Clear [X] 11/06/2010 1341 5 ID TOW51 Dispatch ® 11/06/2010 1143 Arrival © 11/06/2010 1203 El 3 © Suppression Type 12 Clear [X] 11/06/2010 1204 6 ID E50 Dispatch ® 11/06/2010 1145 Arrival © 11/06/2010 1155 0 3 © Suppression Type 11 Clear © 11/06/2010 1320 7 ID FM55 Dispatch ® 11/06/2010 1154 Arrival © 11/06/2010 1208 ❑ 2 El Other Type 92 Clear © 11/06/2010 1523 18 ID DIV55 Dispatch ® 11/06/2010 1154 Arrival IN 11/06/2010 1200 ❑ 1 © Other Type 92 Clear 13 11/06/2010 1351 9 ID SQD55 Dispatch IN 11/06/2010 1155 Arrival N 11/06/2010 1202 0 2 © EMS Type 71 Clear Q 11/06/2010 1337 [ 1 a Type of Apparatus or Resource Aircraft Medical & Rescue Ground Fire Suppression 41 Aircraft: fixed wing tanker 71 Rescue unit 42 Helitanker 72 Urban search & rescue unit More apparatus? 11 Engine Use additional 12 Truck or aerial 43 Helicopter 73 High angle rescue unit 13 Quint 40 Aircraft, other 75 BLS unit sheets. 14 Tanker & pumper combination 76 ALS unit 16 Brush truck Marine Equipment 70 Medical and rescue unit, other 17 ARF (Aircraft Rescue and Firefighting) 51 Fire boat with pump Other 10 Ground fire suppression, other 52 Boat, no pump 50 Marine apparatus, other 91 Mobile command post NN None 92 Chief officer car UU Undetermined Heavy Ground Equipment 93 HazMat unit 21 Dozer or plow Support Equipment 94 Type 1 hand crew 22 Tractor 61 Breathing apparatus support 95 Type 2 hand crew 24 Tanker or tender 62 Light and air unit 99 Privately owned vehicle 20 Heavy equipment, other 60 Support apparatus, other 00 Other apparatus /resource Edgewater Fire Department - 1605 S. Ridgewood Av, Edgewater, FL 32132 3864242445 424 -2445 A ❑ Delete NFIRS - 10 08042 FL 11/06/2010 S55 2010015929 00 Personnel FDID State Incident Date Station Incident Number Exposure ❑ Change B Apparatus or Dates and Times Sent Number Use Actions Taken Resource Check if same date as alarm date of Check ONE box for each List up to 4 actions for People apparatus to indicate its main each apparatus and Use codes listed below p use at the incident. each personnel I1 I ID BAT54 Dispatch ® 11/06/2010 1143 Arrival ® 11/06/2010 1154 ❑ 1 ® Other Type 91 Clear ® 11/06/2010 1229 Personnel Name Rank or Attend Action Action Action Action ID Grade Taken Taken Taken Taken N0750 VANDEMARK, SHAWN LTPM ❑ B Apparatus or Dates and Times Sent Number Use Actions Taken Resource Check if same date as alarm dale of Check ONE box for each List up to 4 actions for Use codes listed below X People apparatus to indicate its main each apparatus and p use al the incident. each personnel 2 ID DIV55 Dispatch ® 11/06/2010 1154 Arrival © 11/06/2010 1200 ❑ 1 © Other Type 92 Clear © 11/06/2010 1351 Personnel Name Rank or Attend Action Action Action Action ID Grade Taken Taken Taken Taken E2090 DANIGEL, JILL CAPT ❑ B Apparatus or Dates and Times Sent Number Use Actions Taken Resource Check if same date as alarm date of Check ONE box for each List up to 4 actions for Use codes listed below X People apparatus to indicate its main each apparatus and p use at the incident. each personnel I3 ID E22 Dispatch ® 11/06/2010 1143 Arrival El 11/06/2010 1214 ❑ 3 © Suppression Type 11 Clear © 11/06/2010 1229 B Apparatus or Dates and Times Sent Number Use Actions Taken Resource Check if same date as alarm date I� � X 1� Of Check ONE box for each List up 10 4 actions for Use codes listed below I "' I People apparatus to indicate its main each apparatus and p use al the incident. each personnel 4 ID E50 Dispatch ® 11/06/2010 1145 Arrival ® 11/06/2010 1155 ❑ 3 © Suppression Type 11 Clear © 11/06/2010 1320 B Apparatus or Dates and Times Sent Number Use Actions Taken Resource Check if same date as alarm date I x apparatus to indicate its main each apparatus and People use at the incident. each personnel 5 ID E55 Dispatch ® 11/06/2010 1143 Arrival ® 11/06/2010 1149 ❑ 3 © Suppression Type 11 Clear © 11/06/2010 1407 Personnel Name Rank or Attend Action Action Action Action ID Grade Taken Taken Taken Taken E1266 COATES, BRUCE LT ❑ E1969 JOLLIE, JIM LT ❑ E2883 SPENCER, DAVID S. DE ❑ B Apparatus or Dates and Times Sent Number Use Actions Taken Resource Check if same date as alarm date of Check ONE box for each List up to 4 actions for Use codes listed below X apparatus to indicate its main each apparatus and People use at the incident. each personnel 161 ID E57 Dispatch ® 11/06/2010 1143 Arrival © 11/06/2010 1208 ❑ 2 © Suppression Type 11 Clear Q 11/06/2010 1341 Personnel Name Rank or Attend Action Action Action Action ID Grade Taken Taken Taken Taken Edgewater Fire Department - 1605 S. Ridgewood Av, Edgewater, FL 32132 3864242445 424 -2445 A ❑ Delete NFIRS - 10 08042 FL 11/06/2010 S55 2010015929 00 Personnel FDID State Incident Date Station Incident Number Exposure ❑ Change B Apparatus or Dates and Times Sent Number Use Actions Taken Resource Check if same date as alarm date of Check ONE box for each List up to 4 actions for Use codes listed below People apparatus to indicate its main each apparatus and use at the incident. each personnel 6 ID E57 Dispatch ® 11/06/2010 1143 Arrival ® 11/06/2010 1208 ❑ 2 ® Suppression Type 11 Clear ® 11/06/2010 1341 Personnel Name Rank or Attend Action Action Action Action ID Grade Taken Taken Taken Taken E2501 PANTUSO, ASHLEY PM /FF ❑ E3212 WARD, DEAN FF 0 I B Apparatus or Dates and Times Sent Number Use Actions Taken Resource Check if same date as alarm date of Check ONE box for each List up to 4 actions for X Use codes listed below I "' I Pe0 le apparatus to indicate its main each apparatus and p use at the incident. each personnel 7 ID FM55 Dispatch ® 11/06/2010 1154 Arrival © 11/06/2010 1208 ❑ 2 © Other Type 92 Clear © 11/06/2010 1523 Personnel Name Rank or Attend Action Action Action Action ID Grade Taken Taken Taken Taken E2092 LARISCY, JEFF J LT 0 E2092 LARISCY, JEFF J. LT ❑ . . . „. . B Apparatus or Dates and Times Sent Number Use Actions Taken Resource Check if same date as alarm date of Check ONE box for each List up to 4 actions for Use codes listed below X People apparatus to indicate its main each apparatus and use at the incident. each personnel 8 ID SQD55 Dispatch ® 11/06/2010 1155 Arrival ® 11/06/2010 1202 ❑ 2 © EMS Type 71 Clear © 11/06/2010 1337 Personnel Name Rank or Attend Action Action Action Action ID Grade Taken Taken Taken Taken HAZELWOOD, BRANDON Vol ❑ E7874 KOEHLER, DANIEL Vol ❑ B Apparatus or Dates and Times Sent Number Use Actions Taken Resource Check if same date as alarm date of Check ONE box for each List up to 4 actions for X People_ apparatus to indicate 45 main each apparatus and Use codes listed below p use at the incident. each personnel 9 ID TOW51 Dispatch ® 11/06/2010 1143 Arrival ® 11/06/2010 1203 ❑ 3 © Suppression Type 12 Clear © 11/06/2010 1204 LU t 4 ,mss V I ✓ 9 - 1 < 1 �t axe ° ,, ,.1 x^ �@, .' ' (` e ", ° It .4. .n %00 1 f ' - `') ;' ' '' , ,' ''' ' ^ 0 ..., i �.. 4 t e :fry' Y f .`. I,A s , I 4 / ■ l i g ,. r • : -' • l i 14'1' • l r , - u f e 't pi t s' J a .. a '' . p_ : r._.r --. • - - •.ems* l � . Er' ''44' A-1.. 4 ". w � ' p 12 4 a � "t 4 ^ ^ fl "�" emu+, r ^^K... O. W t. i,,p1 , . 1 lei is v... r S,= ' {0 m a r t-° ,tare, ':— , P ... Wr �. K : '' ' ' : . .. ' - 1 .. r ♦ �Ys A. y� N a." A W . : . .. 4 ' .t. -" IrP . " . . ,... . '''' . v,, f ► -- t, ..! _s - raw '.i.."::' 7 -.. .•a p,`� Ay. s'� i ' I t r * : • 7 1 , • UNSAFE � - 1 6 J . . y # e e f • p; itte t ''.• \ 9Q, li , f 4 ; `l .__ �,, ■ _„ _ '° i^ a •' a . „ 6 t _ I ...e e L R .,. - a , -h s 7i t 4w a3 .,.....- is4, , ..., 4, _ .., _ , ,i,..-._,. ,,sti. • .,..:1,__ .„...t...., tAl 1 4' .# 1 , ', ' , * .‘.. N 4 , • � ;, 4 51 ♦ . a , r ;.. a, ' !ji a -f a 4 ' , ': *. ., . y g- -. y e i ,, r , ,, w t^ - ' ``.,,,..„ JIB •3,'#'�`�z� "� ._� � rte. '� • Y : .... __��' v +,.. r ` t yam } % ;t .#. Y F Y • } a i e' v j A P R # t l s ' r ` • �• L •� ;t { " ' '' stn .'� � y .°.. y W. , t '• l 4 ...0 1 y It, i n . �- t '' ^Ikr FS� ''.. t k � 4 g �'` 4) the FOR YOUTH DEVELOPMENT FOR HEALTHY LIVING �`� FOR SOCIAL RESPONSIBILITY Since our grand opening in November of 2000,the Southeast Volusia Family YMCA has been working hard to put Christian principles into practice through programs that build a healthy spirit, mind, and body for all. Over the last 11 years we have enjoyed a wonderful relationship with the City of Edgewater.This relationship has allowed our community to become fully immersed in the mission of the Y, and get ever closer to living a healthy lifestyle. Currently,the Southeast Volusia Family YMCA serves nearly 4,000 members of our community. These members enjoy such programs as: • Youth Soccer, Youth Basketball, and Swimming. Programs that serve approximately 200 children each and every season. • Child care and Summer Camp. Our Afterschool program currently serves 55 families, and summer camp welcomes over 100 children annually. • Florida Health Care and Silver Sneakers. We currently have 76 families taking advantage of our new relationship with Florida Health Care, and over 1,000 seniors taking part in our silver sneakers program. The community that we serve is also a beneficiary of the working relationship that the City of Edgewater and the Southeast Volusia Family YMCA have developed over the years.The most recent evidence of this is the Community Healthy Living Index assessment. The Southeast Volusia Family YMCA began the Community Healthy Living Index assessment(CHLI) in January 2011 with the support of Tracey Barlow,City Manager. The multidisciplined assessment looked at how easy the healthy choice is for the City of Edgewater. The process investigated schools, afterschool programs, worksites, neighborhoods and the community at large focusing on good nutrition and physical activity opportunities. While the overall "score" for the City was a 3 (right in the middle, indicating there are some good things in place, but also opportunity to do more),the individual scores ranged from 1 -5 (5 being the highest). The recommendations for the community as a whole include looking at the walkability options within the City and planting community gardens to help promote grass roots efforts and community cohesiveness surrounding healthy eating and activity.The assessment was completed in October 2011. We are very excited to continue developing this amazing relationship as we push forward with our mission.This collaboration is a great picture of the impressive results our community can attain when we work together. Volusia Flagler Family YMCA Association Office 761 E. International Speedway Boulevard DeLand,FL 32724 Phone:(386)738-9622 Fax:(386) 822-9622 The mission of the YMCA is to put Christian principles into practice through programs that build healthy spirit,mind,and body for all. FINAL SUMMARY OF FUNDS Exhibit "A" AMENDED BUDGET ACTUAL FINAL AMENDED BUDGET REVENUES AND EXPENSES FY 2010-2011 REVENUES EXPENDITURES REVENUES EXPENDITURES REVENUES EXPENDITURES VARIANCE 001-GENERAL $ 12,454,109 $ 12,454,109 $ 10,946,370 $ 11,669,424 $ 12,000,000 $ 12,000,000 $ (454,109) 105-ANIMAL SERVICES $ 259,405 $ 259,405 $ 238,014 $ 225,694 $ 250,000 $ 250,000 $ (9,405) 113-LAW ENFORCEMENT BLOCK $ 9,801 $ 9,801 $ 6,274 $ 6,271 $ 6,500 $ 6,500 $ (3,301) 114-GRANTS $ - $ - $ - $ - $ - $ - $ - 115-SPECIAL LAW ENFORCEMENT TRUST $ 78,879 $ 78,879 $ 9,391 $ 6,926 $ 10,000 $ 10,000 $ (68,879) 116-TRANSPORTATION IMPACT FEE $ 395,363 $ 395,363 $ 49,856 $ - $ 75,000 $ 75,000 $ (320,363) 117-POLICE IMPACT FEE $ 140,160 $ 140,160 $ 4,166 $ - $ 5,000 $ 5,000 $ (135,160) 118-FIRE IMPACT FEE $ 223,358 $ 223,358 $ 5,307 $ 219,000 $ 223,358 $ 223,358 $ - 119-RECREATION IMPACT FEE $ 153,997 $ 153,997 $ 9,772 $ - $ 15,000 $ 15,000 $ (138,997) 120-SCHOLARSHIP FUND $ 500 $ 500 $ 448 $ - $ 500 $ 500 $ - 205-I&S DEBT SERVICE $ 32,151 $ 32,151 $ 31,850 $ 30,765 $ 32,151 $ 32,151 $ - 220-DEBT SERVICE $ 927,436 $ 927,436 $ 264,748 $ 277,284 $ 300,000 $ 300,000 $ (627,436) 331-CAPITAL PROJECTS $ 3,413,860 $ 3,413,860 $ 1,738,962 $ 1,628,922 $ 2,000,000 $ 2,000,000 $ (1,413,860) 440-WATER&SEWER $ 8,400,268 $ 8,400,268 $ 7,929,935 $ 8,232,954 $ 8,400,268 $ 8,400,268 $ - 442-WATER DEVELOPMENT $ 524,828 $ 524,828 $ 40,412 $ 87,622 $ 100,000 $ 100,000 $ (424,828) 443-SEWER DEVELOPMENT $ 490,500 $ 490,500 $ 44,836 $ 174,887 $ 200,000 $ 200,000 $ (290,500) 444-RENEWAL&REPLACEMENT $ 1,541,653 $ 1,541,653 $ 2,436,706 $ 2,005,827 $ 2,500,000 $ 2,500,000 $ 958,347 445-RATE STABILIZATION $ 500,000 $ 500,000 $ 62,789 $ - $ 62,789 $ 62,789 $ (437,211) 447-REFUSE $ 3,537,585 $ 3,537,585 $ 2,700,156 $ 2,680,428 $ 3,537,585 $ 3,537,585 $ - 448-STORMWATER OPERATING $ 1,474,369 $ 1,474,369 $ 1,308,803 $ 1,183,822 $ 1,400,000 $ 1,400,000 $ (74,369) 449-STORMWATER CAPITAL $ 350,500 $ 350,500 $ 344,482 $ 155,218 $ 350,500, $ 350,500 $ - 450-PUBLIC WORKS COMPLEX $ - $ - $ 344,482 $ 155,218 $ 550,000 $ 550,000 $ 550,000 501-MIS $ 359,279 $ 359,279 $ 359,145 $ 347,118 $ 359,279 $ 359,279 $ - 502-FLEET $ 744,728 $ 744,728 $ 759,951 $ 729,099 $ 760,000 $ 760,000 $ 15,272 503-LOSS $ 355,916 $ 355,916 $ 355,957 $ 306,940 $ 356,000 $ 356,000 $ 84 504-FULLY INSURED INSURANCE $ 2,142,727 $ 2,142,727 $ 2,221,166 $ 2,157,594 $ 2,225,000 $ 2,225,000 $ 82,273 505-WORKERS COMPENSATION $ 270,131 $ 270,131 $ 195,756 $ 220,048 $ 220,050 $ 220,050 $ (50,081) TOTAL ALL FUNDS $ 38,781,503 $ 38,781,503 $ 32,409,734 $ 32,501,061 $ 35,938,980 $ 35,938,980 $ (2,842,523) s 0, - American Legion Post 285 46 is- f/ .� 2102 Suite #3 S. Ridgewood Avenue ei,I� Edgewater, Florida 32141 ' ,1fr "_ ' 386-427-8524 < eG I 0 October 24,2011 Dear Mayor Michael L. Thomas: We,the members of the American Legion Auxiliary Unit#285, Edgewater,would like to have November 11th 2011 proclaimed as: THE AMERICAN LEGION AUXILIARY POPPY DAY!!! The beautiful Red Poppy that is worn as a symbol of The American Veterans' sacrifices. It honors every veteran who fought and died in the service of our country. Each Poppy is hand- made by hospitalized Veterans at the Bay Pines Veterans' administration Medical Center in St. Petersburg, Florida. All moneys that are collected by us are used exclusively for our local Veterans and their families. I have enclosed one of these Red Poppies in hopes that you may wear it on November 11, 2011 in addition, I have also attached a bit of information explaining our program and what the Poppy represents. Thank You in advance for your cooperation in this matter! In Service to our Veterans, i - Torey Ferreira Poppy Chairman Auxiliary Unit#285 Edgewater, Florida State of or • a Department of State I certify from the records of this office that AMERICAN LEGION AUXILIARY, EDGEWATER UNIT #285, INC. is a corporation organized under the laws of the State of Florida, filed on September 26, 2008. The document number of this corporation is N08000008994. I further certify that said corporation has paid all fees due this office through December 31, 2011, that its most recent annual report was filed on January 7, 2011, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Fifteenth day of January, 2011 lb ; , :.el Secretary of State n " ' wig '' �y " ' ''*� Authentication ID:400190366034-011511-N08000008994 1'y "-� ,,,,:to-,;,,, �, 1) WE'C To authenticate this certificate,visit the following site enter this ID,and then follow the instructions displayed. https://efile.sunbiz.org/certauthver.html 7700 . )icP2P7 OYC)QW From the battlefields fnl F lan o ers Fields of World War I,weary soldiers brought home the OD Flanders fields ete poppies blow memory of a barren Between alaelielgt3a,MC1106327 landscape transformed by Ilegoied leso wild poppies,red as the aide-A(090 The Data blood that had soaked the still bravely singing, soil. By that miracle of nature,the spirit of their fly Scarce heard amid the gunsibeiow p lost comrad es lived on. '''''-***144*** We;ar e'the Dead. Shartdays'ago �� s The poppy became a We lived felt dawn sawisunset glow, � _ e ce of Lovetl and_ we e loved �` t � � symbol of the sacrifice lives in war,and � and now we lie �n Flanders fields ` r * 3 ,i' represented the hope that � ^q � .i�.1•..o �3T "ir , .'#s`. `y �`. ir.. p * - ,v Take up our guarrel,with,the foe none had died in vain. . , To you from failinghands,we throw.The The American Legion ;torch.. a: a ` Auxiliary Poppy has =b Abe yours te'hold'it high ,: continued to bloom for `' ,� �If ye break faith W th''iis who die ,` the casualties of four r, wars,its petals of paper ��:4.1 ����VUe,"shall;ots!eep °_�� bound together for hougn poppies grow in Flanders Fields = **- c veterans by veterans, t # ' o L `J 0 h Cl CC f aZ �, •reminding America each .. . kw u ti year that the men and women who have served and died for their country deserve to be remembered. Poppy Day has become a familiar tradition in almost every American community.This distribution of the bright red memorial flower to the public is one of the oldest and most widely recognized programs of the American Legion Auxiliary. This poppy,as a memorial flower to the war dead,can be traced to a single individual,Miss Moina Michael.She was so moved by Col.McCrae's poem that she wrote a response: ... the blood of heroes never dies but lends a luster to the red of the flower that blooms above the dead In Flanders Fields. On impulse,she bought a bouquet of poppies-all that New York City's Wanamaker's Department Store had-and handed them to businessmen meeting at the New York YMCA where she worked.She asked them to wear the poppy as a tribute to the fallen.That was November 1918.World War I was over,but America's sons would rest forever"in Flanders Fields." Later,she would spearhead a campaign that would result in the adoption of the poppy as the national symbol of sacrifice. DEPARTMENT OF FLORIDA POPPY PLAN OF ACTION 2011-2012 "GARDENS OF POPPIES" The Inquisitive Mind of a Child Why are they handing out poppies, Mommy? Handing out Poppies in town today The poppies, child are flowers of love For the men who marched away But, why have they chosen a Poppy, Mommy? Why not a beautiful rose? Because, my child, men fought and died In the fields where poppies grow But why are the poppies so red, Mommy? Why are the poppies so red? Red is the color of blood, my child The blood our soldiers shed The heart of the poppy is black, Mommy Why does it have to be black? Black my child, is a symbol of grief For the men who never came back But why Mommy, are you crying so? Your tears are giving me pain For the world is-FORGETTING AGAIN (1/7//, This is a petition to stop the increase of 6% to our water bill with he City of Edgewater. 1 , f\ 1 41(A6 N/Q,COrt/bik , I/ ei gif t UivjV\i'v‘ .4(4.. •L. ", Ad / _ (/lie;ii ' ' N e.._,...„,...,..___....-11 XYla ei '1/7) L A-1ZZ Ct .) L-I /772 _ (4\i ‘td1 .i.Q Q.,ci /cn-h( i # -■.- _ rh -5 (kidiiio, -----. limr 1 1 - ) Z-' \(-) roy■ ur-Q4u3 . ( , /----7- WWI . . _ . tkikA t'AV) C '0.) -.., , ., • ,- cii::e_ , __"I • ( () ‘ _ L t..-).-v.d ,._.,/,...t.4_ __vj I- t Mt 1 If gr . . ,. 6.Ap ,frer - aP'./ek il A• - _ ----/IAIA)2 1/ , 1C7 G/6/.. /%.e■Y, - 1 Af L 4- ,b _I ;A ' „..- ,,, - ,, - am_ 7 Aiew.v.ffrp-- 4/4r, amm/c4.w/aAw. A :Y.,--;:,, / /-..7 .1,14 ' IfilifilMar ill ' i 1 iIii: VA ., / l'Aeir r yti.k, _ /,' ... Ii. , .. . ,,, 7 / '4111MIIF r , //,4 , Petition continued. / 823 • L ! "••••••_a_ -ei ETA GE ATER 1 it rottamatton (/#C& o f t/[P. "re WHEREAS, the annual sale of Buddy Poppies by the American Legion Post 285 has been officially recognized and endorsed by governmental leaders since 1922; and WHEREAS, American Legion Post 285 Buddy Poppies are assembled by disabled veterans, and the proceeds of this worthy fund raising campaign are exclusively for the bene- fit of disabled and needy veterans, and the widows and orphans of deceased veterans; and WHEREAS, the basic purpose of this annual sale of Buddy Poppies by the American Legion Post 285 is reflected in "Gardens of Poppies—The Inquisitive Mind of a Child"; and WHEREAS, I urge all patriotic citizens to wear a Buddy Poppy as evidence of our gratitude to the men and women of this country who have risked their lives in defense of the freedoms which we continue to enjoy as American citizens. NOW, THEREFORE, I, Michael L. Thomas, Mayor of the City of Edgewater, do hereby proclaim November 11, 2011 as "THE AMERICAN LEGION AUXILIARY POPPY DAY" in the City of Edgewater and do hereby urge all citizens of this community to recognize the merits of this cause by contributing generously to its support through the purchase of Buddy Poppies on the day set aside for distribution of these symbols of appreciation for the sacri- fices of our honored dead. 3n Witnefiss Vbereof /Aawe 4ePeagto get at 4ard acrd aaaoed ti ,'eat Sea/ o�at4 oo Eder ewa ei to 1e a reed „ �. Done at the Edgewater City Hall in the County of Volusia STATE OF FLORIDA this 27th day of October in the Year of ” = our Lord two tho . .nil • el-ye, - - )71/: 1111:4110. " lF Att- Ma or rk