09-26-2005 - Special/Regular Voting Order
Mayor Schmidt
+ Councilman Brown
Councilman Vincenzi
•
Councilwoman Rhodes
Councilwoman Lichter
AGENDA
CITY COUNCIL OF EDGEWATER
SPECIAL MEETLNG
September 26,2005
7:00 p.m.
COMMUNITY CENTER
A Special Meeting of the City Council is scheduled for Monday, September 26,2005, at
7:00 p.m. in the Community Center prior to the regular meeting for the following:
1. Hold public hearings(2nd Readings)on Ord. No. 2005-0-47, adopting final millage rate
of 6.45 mills per$1,000 of assessed taxable value and Ord. No. 2005-0-48, adopting
final budget for fiscal year 2005/2006.
2. ADJOURN.
Voting Order
Councilman Brown
Councilman Vincent
Councilwoman Rhodes
Councilwoman Lichter
Mayor Schmidt
AGENDA
CITY COUNCIL OF EDGEWATER
REGULAR MEETING
September 26,2005
immediately following Special Meeting
COMMUNITY CENTER
1. CALL TO ORDER,ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROVAL OF MINUTES
None at this time.
3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS.
None at this time.
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 five minutes or less.
5. CITY COUNCIL REPORTS
City Council Agenda
September 26, 2005
Page -2-
6. PUBLIC HEARINGS,ORDINANCES AND RESOLUTIONS
A. Public Hearing, Wayne Wiggins, applicant/Fraternal Order of Eagles, 132 W.
Park Avenue, requesting a Special Activity permit with outdoor music for a
"Biketoberfest BBQ" to be held October 20 thru 23, 2005, and waiver of the 60
day notification and application fee.
B. Public Hearing, Leslie Peterson, owner/Dog House Saloon, 307 N. Ridgewood
Avenue, requesting a Special Activity permit with outdoor music for a"Dog Day
Afternoon" event to be held October 22, 2005.
C. Public Hearing, L.E.O. Land Developers requesting preliminary plat approval for a
21-unit single family residential subdivision to be known as Pinehurst
D. Res. No. 2005-R-13, modification(indexing)of administrative and user fees.
7. BOARD APPOINTMENTS-None at this time.
8. CONSENT AGENDA-None at this time.
9. OTHER BUSINESS
A. Consulting Services - staff recommending approval to enter into an agreement
with Bogdahn Consulting to preform services to develop and implement a better
strategy for management of all the Defined Benefit Pension Plans for a cost of
$20,000, and authorize Mayor/City Manager to execute the documents.
B. Western Reserve Area Utilities Project - staff recommending approval of Change
Order No. 1 to close out the "Project" with Progressive Contractors, Inc. for
$1,287,689.55, a $8,602.55 reduction from the original contract, and authorize
the Mayor/City Manager to execute the documents.
C. Canal Relocation and Improvements - staff recommending to declare drainage
improvements on Beck's Grove Road to be an emergency, authorize Halifax
Paving, Inc. to construct the improvements at a cost not to exceed $90,000.00 and
authorize the Mayor/City Manager to execute the documents.
D. Legal Services - staff recommending approval to enter into a contract with Fred
Jaeger,Jr.,P.A. to provide Police forfeiture litigation.
10. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
11. CITIZEN COMMENTS/CORRESPONDENCE
A. Tentative Agenda Items
12. ADJOURN.
City Council Agenda
r September 26, 2005
Page -3-
Note: All items for inclusion on the October 10, 2005, agenda must be received by the City
Manager's office no later than 4:30 p.m Tuesday, October 3, 2005.
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 Susan Wadsworth, 104 N. Riverside Drive, Edgewater, Florida,
telephone number 386-424-2407, 5 days prior to the meeting date. If you are hearing or voice impaired; contact the
relay operator at 1-800-955-8771.
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AGENDA REQUEST
Date: September 16, 2005
PUBLIC
HEARING 9/26/05
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION
Wayne Wiggins, applicant for the Fraternal Order of Eagles, located at 132 W. Park Avenue is
requesting a Special Activities permit to hold a Biketoberfest BBQ, with outdoor music, to be held
October 20 thru 23, 2005.
The applicant is requesting that City Council grant a waiver of the requirements per Section 21-37.04
of the City of Edgewater Land Development Code, which require a special activity permit
application to be completed and submitted to the Planning Department for review by City staff at
least 60-days in advance of the activity.
The applicant is also requesting City Council to waive the application fee.
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BACKGROUND
The event is scheduled for October 20 thru 23,2005, with the hours of operation being from 11 :00
a.m. to 7:00 p.m. Outdoor entertainment will be provided from 1 :00 p.m. to 6:00 p.m. No amplified
public address system shall be permitted after 11 :00 p.m.
The applicant will be responsible for any law enforcement and other expenses the City incurs during
this event. Property owners within 500-feet have been notified of the public hearing.
STAFF RECOMMENDATION
Due to the inability ofthe applicant to submit the application within the required 60 day time frame,
the Technical Review Committee recommends denial of the special activities permit to allow the
Fraternal Order of Eagles to hold a Biketoberfest BBQ, with outdoor music, to be held October 20
thru 23,2005.
If the permit is approved, staff offers the following recommendations:
1. Driveways must remain readily accessible to the rear of the building to allow emergency
vehicle access,
2. The occupant load of the assembly area may never be exceeded,
3. Daily fire, life safety and code inspections will be conducted throughout the duration of
the permit, and
4. The applicant fully complies with Section 21-37 (Special Activity Requirements) of the
Land Development Code, Article II (Noise) of Chapter 10 (Health and Sanitation) ofthe
U Code of Ordinances and all conditions of the permit.
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ACTION REQUESTED 0
Motion to deny the special activities permit to allow the Fraternal Order of Eagles to hold a
Biketoberfest BBQ, with outdoor music, to be held October 20 thru 23, 2005, based on staff
recommendations.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
~~'~m'\
Robin atuslck
Legal Assistant
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Kenneth R. Rooper \
City Manager
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U ' September 1st, 2005
To Who'm It May Concern;
The Fraternal Order Of Eagles request a
waiver of requirement to submit
application sixty (60) day's prior to event.
We normally would have had this done
but due to all the activities the Eagle's are
involved with the members and the
community, we over looked the date of
this application.
U We would like to thank you in advance
for any help you can assist us with on this
matter.
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SPECIAL ACTIVITY PERMIT
FRATERNAL OPRDER OF EAGLES
132 W. PARK A VENUE
EDGEWATER, FLORIDA 32132
APPLICANT-Wayne Wiggins
FUNCTION: Biketoberfest BBQ
SPECIAL ACTIVITY PERMIT REQUIREMENTS
1. A Special Activity Permit has been issued for Fraternal Order of Eagles Biketoberfest Bar-B-Q.
The activity, which will have outdoor music, will held October 20 thru 23, 2005 with the hours of
operation being from 11 :00 a.m. to 7:00 p.m., with outdoor music from I :00 p.m. until 6:00 p.m.
(4 days at $200.00 per day. Fee of $800.00 paid).
2. All conditions of the City's Code of Ordinances (nuisances, noise, health, sanitation and
miscellaneous offenses, unless otherwise provided for, shall be applicable during the activity.)
3. Proposed use will not result in unsafe ingress and/or egress for pedestrians or vehicles, and shall
comply with parking requirements for that use.
4.
A description of adequate provisions for parking will be supplied in advance to the Planning
Department for staff review. Applicant must obtain written permission from all property owners
granting authorization to use their property for this event, including use for parking facilities.
Applicant will supply adequate manpower for parking vehicles during the event.
5.
Applicant will provide the City Clerk with a bond or an insurance policy to protect City from
liability in form and substance acceptable to City and in the amount of a minimum of $200,000.
6. Sanitary facilities must be adequate for expected attendance and remain on site for the duration of
the event. (Including potable water, if necessary)
7. The City shall provide scheduled and unscheduled inspections prior to and/or during the special
activity by police, fire, code compliance, building and/or city administration representatives to
monitor and ensure compliance with all applicable City, County and State codes. Special activity
permits that include outdoor entertainment may require a code compliance officer to remain on
site during the activity. The cost of said officer shall be reimbursed to the City by the
sponsor/promoter. Appropriate State agencies are responsible for the inspection of amusement
rides and public food preparation facilities.
8. The proposed use will substantially comply with the appropriate Life Safety Code and Building
Code requirements. Plans must be approved by Fire and Police Departments.
9. No signage for advertising the event shall be placed on any public right-of-way. Any signs used
for the event must be permitted and inspected by the Building Department. All signs shall be
removed within 1 day of the end of the event.
10.
The proposed use is limited to a specific period of time listed on the Special Activity Application,
not to exceed four days.
11.
The number of special activities at any given location or address shall not exceed one 10-day
period and two I-day charitable events/activity between the dates of January 1 st through June 30th;
and one 10-day period and two I-day charitable events/activity between the dates of July 1 st
through December 31 st. A letter of authorization from property owner must be supplied to the
City.
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12. The proposed use will operate only during the specific daily time period requested on the
application.
13. The proposed activity will direct on-site lighting away from adjacent parcels and roadways.
14. It shall be the responsibility of the applicant of the special activity permit to ensure the structural
integrity of all temporary structures erected for special activities. The structures are to be safe,
structurally sound and of adequate capacity to service the number of persons proposed to use the
structure and must be removed with five (5) days of completion of the special activity. The
Building Official and Fire Marshal shall verify such compliance is obtained.
15. No electrical cords to be placed across driveways or driving lanes.
16. No open flames permitted.
17. Fire extinguishers (minimum size 2a40bc) must have valid inspection tags and must be on site at
all times and be readily available. The quantity of fire extinguishers to be determined by the Fire
Department.
18.
Access roadways must be maintained at a minimum width of 20 feet.
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19. Overnight parking or camping is prohibited.
20. For events taking place in grass lots or fields, the vegetation must be cut prior to set up.
21. Individual vendors must register with the City Clerk and food vendors must have proper state
inspections. {Department of Business and Professional Regulations will do inspections (800-375-
6975), fees may be required by the State}
22. Applicant is responsible for leaving property clear of all trash, garbage and litter.
23. Any person or entity who shall conduct, operate or maintain a special activity and fails to obtain a
special activity permit shall be ordered to cease and desist and be punished by a fine of three
times the cost of the application fee as well as all associated City fees. No further special
activities shall be authorized until all penalties are current. A repeat offender shall not be eligible
for a special activity permit for a one-year period. A repeat offender is defined as a
sponsor/promoter who violates any of the conditions of the special activity permit more than one
, time in a six-month period.
24. Must provide adequate parking for those in attendance.
25. All off-site parking will require a traffic detail and off-site property owner approval.
26.
No parking is permitted in public right-of-ways or in the site visibility triangle. (See Exhibit "A"
attached.)
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27.
A Special Activity requesting road closures will provide "road closure signs" and barricades.
28. A special activity with heavy/congested vehicular and/or pedestrian traffic will provide
"congested area ahead" signs along with and additional generated light system that will illuminate
the area of crossing/congestion.
29. The City shall monitor noise levels to determine if a public nuisance exists. The permit holder
shall comply with the City's determination. Special Activity permit is subject to revocation if
owners fail to comply with noise abatement. Article II (Noise) of Chapter 10 (Health and
Sanitation) of the Code of Ordinances shall be upheld. (See Exhibit "B", attached.)
30. No outdoor entertainment is permitted after 6:00 p.m. and no amplified public address system
shall be permitted after II :00 p.m.
ADDITIONAL CONDITIONS PER FIRE MARSHAL/POLICE DEPARTMENT:
I. Driveways must remain readily accessible to the rear of the building to allow emergency vehicle
access,
2. The occupant load of the assembly area may never be exceeded,
3. Daily fire, life safety and code inspections will be conducted throughout the duration of the
permit,
4.
The applicant fully complies with Section 21-37 (Special Activity Requirements) of the Land
Development Code and Article II (Noise) of Chapter 10 (Health and Sanitation) of the Code of
Ordinances.
I AM AWARE THAT I AM RESPONSIBLE FOR REIMBURSING THE CITY IF ADDITIONAL
SERVICES ARE REQUIRED FOR THIS EVENT.
I have read and understand that I must comply with the above conditions.
Signature
Date
Permit Reviewed/Approved by:
Police Chief
Fire Chief
Permit issued by:
Darren Lear, Development Services Director
Date
CC: City Council, City Manager, City Clerk, Police Chief, Fire Chief, Building Official and Development
3
EXHIBIT "A"
21-38.03 - Site Triangle Requirements
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a. Nothing shall be erected, planted or placed in a manner as to materially impede vision
between a height of two and one-half feet (2 Yz") to ten feet (10') above the intersecting street
right-of-way lines. The site triangle shall be measured fifty feet (50') in each direction from
the intersecting right-of-way lines.
These regulations may also apply in commercial ingress and egress driveway areas if the
TRC determines that a safety hazard may exist.
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EXHIBIT "B"
CHAPTER 10 (Health and Sanitation)
ARTICLE II. NOISE
Sec. 10-22. General restrictions.
(a) No person shall operate or cause to be operated any source of sound from any
subject parcel in such a manner as to create a noise nuisance or sound level which
exceeds the limits set forth for the use occupancy in Table I, when measured at
the property boundary of the subject property from which the sound emanates.
(b) Sound or noise emanating from one use occupancy category into another use
occupancy category with a different noise level limit shall not exceed the limits of
the use occupancy category into which the noise is projected.
TABLE 1
Noise Restrictions
Use Occupancy Cateeorv Time Sound Level Limit
( dBA)
Residential 8:00 AM - 9:00 PM 60
9:00 PM - 8:00 AM 50
Commercial 7:00 AM - 10:00 PM 65
10:00 PM - 7:00 AM 60
Manufacturing All times 75
Noise Sensitive Zone All times 50
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AGENDA REQUEST
Date: September 19,2005
PUBLIC
HEARING 9/26/05
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION
Leslie Peterson, applicant for The Dog House Saloon, located at 307 N. Ridgewood Avenue is requesting a
Special Activities permit to hold a "Dog Day Afternoon" event, with outdoor music to be held October 22,
2005, with a rain date of October 23, 2005.
BACKGROUND
The event is scheduled for October 22,2005 (rain date of October 23, 2005), with the hours of operation
being from 9:00 a.m. to 9:00 p.m. Outdoor entertainment will be provided from 1 :00 p.m. to 9:00 p.m. No
amplified public address system shall be permitted after 11 :00 p.m.
The applicant will be responsible for any law enforcement and other expenses the City incurs during this
event. Property owners within 500-feet have been notified of the public hearing.
STAFF RECOMMENDATION
The Technical Review Committee has reviewed the application and recommends approval ofthe Special
Activities permit to The Dog House Saloon to hold "Dog Day Afternoon" event, with outdoor music, to be
held October 22, 2005 (rain date of October 23, 2005), based on following conditions:
1. Access must remain open to the rear of the building to allow emergency vehicle access to the
business;
2. No fire hydrants shall be obstructed in any way, which would prevent immediate access for its use;
3. The occupant load of the assembly area may never be exceeded;
4. Daily fire, life safety and code inspections will be conducted throughout the duration of the Permit;
5. The applicant must fully comply with Section 21-37 (Special Activity Requirements) ofthe Land
Development Code and Article II (Noise) of Chapter 10 (Health and Sanitation) of the Code of
Ordinances;
6. No parking is permitted in public right-of-ways or in the site visibility triangle;
7. U.S. Hwy 1 must be marked with cones in front of the business to slow traffic and prevent
accidents;
8. Motorcycle parking along U.S. Hwy 1 during heavy attendance must be discouraged and moved to
off-site areas for safety reasons. Signage prohibiting parking along roadway and enforcement
action to support such shall be in place throughout the event's entirety.
ACTION REQUESTED
Motion to approve the Special Activities permit to allow "The Dog House Saloon to hold "Dog Day
Afternoon" event, with outdoor music, to be held October 22,2005 (rain date of October 23,2005), based
on staff recommendations.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
DATE:
YES
NO X
AGENDA ITEM NO.
Robin Ma usick
Legal Assistant
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SPECIAL ACTIVITY PERMIT
THE DOG HOUSE SALOON
307 N. RIDGEWOOD AVENUE
EDGEW A TER, FLORIDA 32132
APPLICANT-Leslie Peterson
FUNCTION: Dog Day Afternoon with outdoor music
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SPECIAL ACTIVITY PERMIT REQUIREMENTS
1. A Special Activity Permit has been issued for The Dog House Saloon "Dog Day
Afternoon" event with outdoor music, to be held on October 22, 2005. Hours of event are
from 9:00 a.m. until 9:00 p.m. with outdoor music from 1 :00 p.m. until 9:00 p.m. (1 day
at $200.00 per day. Fee of $200.00 paid).
2. All conditions of the City's Code of Ordinances (nuisances, noise, health, sanitation and
miscellaneous offenses, unless otherwise provided for, shall be applicable during the
activity.)
3. Proposed use will not result in unsafe ingress and/or egress for pedestrians or vehicles,
and shall comply with parking requirements for that use.
4.
A description of adequate provisions for parking will be supplied in advance to the
Planning Department for staff review. Applicant must obtain written permission from all
property owners granting authorization to use their property for this event, including use
for parking facilities. Applicant will supply adequate manpower for parking vehicles
during the event.
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5. Applicant will provide the City Clerk with a bond or an insurance policy of at least
$200,000 to protect City from liability in form and substance acceptable to City.
6. Sanitary facilities must be adequate for expected attendance and remain on site for the
duration of the event. (Including potable water, if necessary)
7. The City shall provide scheduled and unscheduled inspections prior to and/or during the
special activity by police, fire, code compliance, building and/or city administration
representatives to monitor and ensure compliance with all applicable City, County and
State codes. Special activity permits that include outdoor entertainment may require a
code compliance officer to remain on site during the activity. The cost of said officer
shall be reimbursed to the City by the sponsor/promoter. Appropriate State of Florida
agencies are responsible for the inspection of amusement rides and public food
preparation facilities.
8. The proposed use will substantially comply with the appropriate Life Safety Code and
Building Code requirements. Plans must be approved by Fire and Police Departments.
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9.
No signage for advertising the event shall be placed on any public right-of-way. Any
signs used for the event must be permitted and inspected by the Building Department.
All signs shall be removed within 1 day at the end of the event.
10. The proposed use is limited to a specific period of time listed on the Special Activity
Application, not to exceed one day.
11. The number of special activities at any given location or address shall not exceed one 10-
day period and two I-day charitable events/activity between the dates of January 1 st
through June 30th; and one 10-day period and two I-day charitable events/activity
between the dates of July 1st through December 31st. A letter of authorization from
property owner must be supplied to the City.
12. The proposed use will operate only during the specific daily time period requested on the
application.
13. The proposed activity will direct on-site lighting away from adjacent parcels and
roadways.
14.
It shall be the responsibility of the applicant of the special activity permit to ensure the
structural integrity of all temporary structures erected for special activities. The
structures are to be safe, structurally sound and of adequate capacity to service the
number of persons proposed to use the structure and must be removed with five (5) days
of completion of the special activity. The Building Official and Fire Marshal shall verify
such compliance is obtained.
15. No electrical cords shall be placed across driveways or driving lanes.
16. No open flames permitted.
17. Fire extinguishers (minimum size 2A40BC) must have valid inspection tags and must be
on site at all times and be readily available. The quantity of fire extinguishers to be
determined by the Fire Department.
18. Access roadways must be maintained at a minimum width of 20 feet.
19. Overnight parking or camping is prohibited.
20. For events taking place in grass lots or fields, the vegetation must be cut prior to set up.
21. Individual vendors must register with the City Clerk and food vendors must have proper
state inspections. (Department of Business and Professional Regulations will do
inspections (800-375-6975), fees may be required by the State).
22. Applicant is responsible for leaving property clear of all trash, garbage and litter.
23.
Any person or entity who shall conduct, operate or maintain a special activity and fails to
obtain a special activity permit shall be ordered to cease and desist and be punished by a
fine of three times the cost of the application fee as well as all associated City fees. No
2
further special activities shall be authorized until all penalties are current. A repeat
offender shall not be eligible for a special activity permit for a one-year period. A repeat 0
offender is defined as a sponsor/promoter who violates any of the conditions of the
special activity permit more than one time in a six-month period.
24. Must provide adequate parking for those in attendance.
25. All off site parking will require a traffic detail and off site property owner approval.
26. No parking is permitted in public right-of-ways or in the site visibility triangle. (See
Exhibit "A", attached.)
27. A special activity requesting road closures will provide "road closed" SIgns and
barricades.
28. A special activity with heavy/congested vehicular and/or pedestrian traffic will provide
"congested area ahead" signs along with and additional generated light system that will
illuminate the area of crossing/congestion.
29.
The City shall monitor noise levels to determine if a public nuisance exists. The permit
holder shall comply with the City's determination. The special activity permit is subject
of revocation if owners fail to comply with noise abatement. Article II (Noise) of
Chapter 10 (Health and Sanitation) of the Code of Ordinances shall be upheld. (See
Exhibit "B", attached.)
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30. No outdoor entertainment shall be permitted after 9:00 p.m. and no amplified public
address system shall be in use after 11 :00 p.m.
ADDITIONAL CONDITIONS PER FIRE MARSHAL/POLICE DEPARTMENT:
1. Access must remain open to the rear of the building to allow emergency vehicle access to
the business;
2. No fire hydrants shall be obstructed in any way, which would prevent immediate access
for its use;
3. The occupant load of the assembly area may never be exceeded;
4. Daily fire, life safety and code inspections will be conducted throughout the duration of
the Permit;
5. The applicant must fully comply with Section 21-37 (Special Activity Requirements) of
the Land Development Code and Article II (Noise) of Chapter 10 (Health and Sanitation)
of the Code of Ordinances;
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6.
No parking is permitted in public right-of-ways or in the site visibility triangle;
7. U.S. Hwy 1 must be marked with cones in front of the business to slow traffic and
prevent accidents;
8. Motorcycle parking along U.S. Hwy I during heavy attendance must be discouraged and
moved to off-site areas for safety reasons. Signage prohibiting parking along roadway
and enforcement action to support such shall be in place.
I AM AWARE THAT I WILL BE RESPONSIBLE FOR REIMBURSING THE CITY IF
ADDITIONAL SERVICES ARE REQUIRED FOR THIS EVENT.
REIMBURSEMENT FOR SERVICES AT THE RATE OF $31.26 PER HOUR PER
OFFICER WILL BE REQUIRED IF THE CODE COMPLIANCE OFFICER HAS TO
RESPOND MORE THAN ONE TIME EACH DAY TO AFTER DUTY HOURS
COMPLAINTS.
I have read and understand that I must comply with the above conditions.
Signature
Date
Permit Reviewed! Approved by:
Police Chief
Fire Chief
Permit issued by:
Darren Lear, AICP, Development Services Director
Date
CC: City Council, City Manager, City Clerk, Police Chief, Fire Chief, Building Official and
Development Services Director
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EXHIBIT "A"
21-38.03 - Site Triangle Requirements
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a. Nothing shall be erected, planted or placed in a manner as to materially impede vision
between a height of two and one-half feet (2 W') to ten feet (10') above the intersecting street
right-of-way lines. The site triangle shall be measured fifty feet (50') in each direction from
the intersecting right-of-way lines.
These regulations may also apply in commercial ingress and egress driveway areas if the
TRC determines that a safety hazard may exist.
CORNER LOr
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EXHIBIT "B"
CHAPTER 10 (Health and Sanitation)
ARTICLE II. NOISE
Sec. 10-22. General restrictions.
(a) No person shall operate or cause to be operated any source of sound from any
subject parcel in such a manner as to create a noise nuisance or sound level which
exceeds the limits set forth for the use occupancy in Table 1, when measured at
the property boundary of the subject property from which the sound emanates.
(b) Sound or noise emanating from one use occupancy category into another use
occupancy category with a different noise level limit shall not exceed the limits of
the use occupancy category into which the noise is projected.
TABLE 1
Noise Restrictions
Use Occupancy Category Time Sound Level Limit
(dBA)
Residential 8:00 AM - 9:00 PM 60
9:00 PM - 8:00 AM 50
Commercial 7:00 AM - 10:00 PM 65
10:00 PM - 7:00 AM 60
Manufacturing All times 75
Noise Sensitive Zone All times 50
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367 N. RIDGRWOOO AVF:EHGlt.WATKRt }otl" 32132 386-4f:9..7262
To: Edge\vater Cotlllcil
Front: Doghouse Saloon
Date: c(j/o?- .005
Re: Request for alternate date
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As \ve are going directly into storm Sf'..aS(ln~ \-\'e would Hke 1.0 request your
pemnssion to propose an alternate date fur our event.
11lt'! success of this type of event is hinged on kmg tetTfl advertising &
resche.1uling would not reaHy be an option; however, with the altemate date of
Q6'r.:eJ2. ~"".:) tic next Su..rd(!lc~) already in place we should bY;;' able to puU the event
through with rninimal damt"1ge.
Tha:nk you for your consideration,
LezHe Peterson~
Douhouse Saloon
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307 N. RIDGEWOOD l,\'E EDGY-WATER, FL. 32HZ 386-409-7Ui2
To: Edgewater Council
Frnm: Doghnllse Saloon
Dale: July 16' 2005
Re: Possihle iu{:mrcd custs
I do realize that there are many factors involved in maintaining cost effective
"."p"j"""", '~" \"en 3" jrJ''''l ~~"\ff>'iY .I-Ill'hl"' <:.n.,..t.ja1 PV"i',k<.; & lhtb:'linfl'"
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We think that we have planned & prepared for a smooth event. With this,:we are
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nnl'l-!ngfnr HHntH~;'1 (,., _ ~nmtWil'\IJ! f~OS( mcurrmg :,t1t' Hom r~(' l::lty,
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nOqhnH"~" g#~nn~,
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PHONE NO.
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ACORD_
CERTIFICATE OF LIABILITY INSURANCE Do~~bl1l' DAT~~M~~;
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
. HOLDER. THIS ceRTWICA TE DOES NOT AMEND, exTEND OR
ALTeR THE COVERAGE A~FORDED BY THE POLICIES BELOW.
PROOVCER
Dunn & Assoc. Insurance Inc.
www.dunn-insu~anoQ.c~
324 W. Int'l. Spaedway Blvd.
Daytona B~a~A F~ 32114-4289
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SHOULD AtlY OF THE ABOVE DESCRIBED POLICIES BE CANCElLJ;O Bl!I'ORE THE i;J(p{RATlON
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AUTHOFUE:D I'.EP!U!SENTA1W
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City of Edqawat@~
A'l'I'N: Pat
fax # 386-424-2439
l:'.O. 80JC 100
Edgewate~ FL 32132
Ar:n~n ,}F. ('tlM/OIl)
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AGENDA REQUEST
Date: September 19, 2005
PUBLIC
HEARING
x
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
9/26/05
ITEM DESCRIPTION:
L.E.O. Land Developers, requesting preliminary plat approval for a 21-unit single family residential
subdivision.
OWNER: LEO Land Developers
APPLICANT/AGENT: LEO Land Developers
REQUESTED ACTION: Preliminary Plat approval for a 21-unit subdivision to be known as Pinehurst
Subdivision.
PROPOSED USE: 21-unit single-family home subdivision.
LOCATION: East of US Highway 1 and south of Canal Drive.
AREA: 6.85:l: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Low Density Residential with Conservation Overlay
ZONING DISTRICT: RPUD (Residential Planned Unit Development)
VOTING DISTRICT: 4
SURROUNDING AREA
Current Land Use FLUM DesiJ;!nation ZoninJ;! District
Volusia County - Single Volusia County - Urban Medium Volusia County - R-4W
North Family ResidentiallMini- Density/Commercial (Urban Single Family
Warehouse Residential) and B-4
(General Commercial)
Volusia County -Vacanti Volusia County - Urban Medium Volusia County - R-4W
East Single Family Residential Density (Urban Single Family
Residential)
V olusia County - Volusia County - Urban Medium V olusia County - MH-I W
South Manufactured Home Density (Mobile Home Park)
Subdivision
V olusia County - Mini- V olusia County - Commercial V olusia County - B-4
West Warehouse, Vacant, (General Commercial)
Warehouse
RZ-0514 - Barnett
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Background: The proposed development is a 21-unit single-family home subdivision. The developer is
proposing the lots to be approximately 8,000 square feet with a minimum width of70-feet and depth of
110-feet. Storm water retention will be on-site and developed per the City's Stormwater regulations.
The property shall be developed per the associated RPUD Agreement as adopted in November 2003.
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At the September 14,2005 Planning and Zoning Board meeting, the Board voted to send a favorable
recommendation to City Council.
Land Use Compatibility: The proposed subdivision is compatible with the residential uses to the east,
north, and south. Commercial properties with US Highway 1 frontage are located to the west of this site.
Adequate Public Facilities: This site has access to Canal Drive. City water is available and sewer is
available via lift station installation and a tie into the force main. Prior to final plat approval the developer
shall install all necessary infrastructure; which includes, but is not limited to streets and utilities.
Natural Environment: Soil types for this parcel is Orsino Fine Sand, 0-5% Slope. Vegetation on this
site is Generalized Urban, PineIXeric Oak.
The subdivision includes property designated as conservation and will be dedicated to the Homeowners
Association for ownership and maintenance.
Consistency with Comprehensive Plan: The proposed subdivision is consistent with the density
requirements of the Low Density Residential Future Land Use Designation.
Other Matters: Prior to installation ofthe infrastructure, construction plan approval must be granted by the
City Engineer, Environmental Services Director and Development Services Director.
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ST AFF RECOMMENDATION
Staff recommends approval of the preliminary plat for the Pinehurst Subdivision.
ACTION REQUESTED
Motion to approve the preliminary plat for the Pinehurst Subdivision.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Resp'ectfully Submitted By:
~~ .
IlbC.\
Robin Matusick .
Paralegal
Darren Lear
Development Services Director
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RZ-0514 - Barnett
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AGENDA REQUEST
Date: September 15, 2005
PUBLIC
HEARING
ORDINANCE
RESOLUTIONS
BOARD
APPOINTMENT
OTHER
BUSINESS
x
CONSENT
ITEM DESCRIPTION:
Staff is requesting approval to enter into the attached agreement with Bogdahn Consulting, LLC. for
service~ to develop and implement a better strategy for the management of the City's Defined
Benefit Pension Plans for the General Employees, Police and Fire/Rescue Personnel. The cost is
$20,000.00 and shall be divided among the three (3) pension plans ($6,700.00 per plan). Each
pension board has voted to participate in the proposed agreement.
BACKGROUND:
The cost of funding the City's Defined Benefit Pension Plans has become astronomical and staff
requested approval to seek professional assistance to remedy the situation. The City Council
previously approved the seeking of services for assistance in developing and implementing a strategy
for the management ofthe City's Defined Benefit Pension Plans and Bogdahn Consulting responded.
They represent more than 100 other local governmental entities with pension plan/investment
services.
STAFF RECOMMENDATION:
It is the recommendation of staff that the City enter into the agreement with Bogdahn Consulting,
LLC for their services in reviewing pension plan options and minimize the City's costs, while
maintaining current pension benefits.
ACTION REQUESTED:
A motion to authorize the City Manager to enter into the agreement with Bogdahn Consulting, LLC
for services to develop and implement a better strategy for the management of all the City's Defined
Benefit Pension Plans.
FINANCIAL IMP ACT (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
DATE:~ /~,~oo5
YES
NO
AGENDA ITEM NO.
AGREEMENT FOR INVESTMENT PERFORMANCE
MONITORING AND ADVISORY SERVICES FOR
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THE BOARD OF TRUSTEES OF THE CITY OF EDGEW A TER
GENERAL EMPLOYEES PENSION PLAN
FIREFIGHTERS PENSION PLAN
POLICE OFFICERS PENSION PLAN
THIS AGREEMENT made and entered into this
day of September, 2005, between
BOGDAHN CONSULTING, LLC. (hereinafter referred to as "Monitor"), whose mailing address
is 340 West Central Avenue, Suite 300, Winter Haven, Florida 33880, and THE CITY OF
EDGEWATER AND THE BOARD OF TRUSTEES OF THE CITY OF EDGEWATER
GENERAL EMPLOYEES PENSION PLAN, POLICE OFFICERS PENSION PLAN AND
FIREFIGHTERS' PENSION PLAN (hereinafter referred to as "Client(s)"), whose mailing address
is P. O. Box 100, Edgewater, Florida 32132-0100.
WITNESSETH:
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WHEREAS, Monitor is in the business of providing investment performance monitoring
and advisory services for the three (3) separate Pension Plans; and
WHEREAS, Client is vested with the authority and responsibility for the investment and
administration of the assets of the three (3) separate Pension Plans: GENERAL EMPLOYEES
PENSION PLAN, POLICE OFFICERS PENSION PLAN and EDGEWATER
FIREFIGHTERS' PENSION PLAN (hereinafter respectively referred to as the "Plan"); and
WHEREAS, Client desires Monitor to provide investment performance monitoring and
advisory services with respect to each Plan;
NOW, THEREFORE, in consideration of the premises and mutual promises herein
(Agreement/Pension Plan - Monitor - General-Firefighters-Police - 2005)
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contained, the parties agree as follows:
(Agreement/Pension Plan - Monitor - General-Firefighters-Police - 2005)
2
A.
SERVICES OF MONITOR FOR EACH PENSION PLAN
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Monitor shall provide the following services to Client as shown below for each Pension Plan:
1. Investment Policy/Guidelines Development.
2. Investment Policy/Guidelines Review.
3. Asset Allocation Consulting.
4. Measurement by Objective/Performance Analysis with quarterly written reports and
oral presentations at a Board meeting on a quarterly basis.
5. Monitor and report on investment manager's compliance with the plan documents
and investment policy on a quarterly basis.
6. Perform manager search if necessary, as may be required.
7.
Provide recommendations concerning modifications to each Plan.
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B. RESPONSIBILITIES OF CLIENT
Client agrees to provide or cause its accountants, trustees, investment managers and legal
advisors to provide information regarding income, investment performance, and other pertinent
matters relating to each Plan as requested by Monitor from time to time. Client, through its
authorized representative, also agrees to communicate each Plan's needs and goals to Monitor and
to keep Monitor informed of changes in Client's situation, needs and goals. Monitor shall not be
required to verify any information obtained from Client, Client's or Plan's accountants, actuaries,
trustees, investment managers and legal advisors and is expressly authorized to rely thereon.
C. CONFIDENTIALITY
All information and advice furnished by either party to the other, including their agents,
(AgreementJPension Plan - Monitor - General-Firefighters-Police - 2005)
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employees, shall be treated as confidential and not disclosed to third parties, except as agreed upon
in writing and/or required by Chapter 119, Florida Statutes. Monitor is herein given authority by
Client to disclose, provide copies of, and communicate information obtained from Client or
developed by Monitor to Client's investment manager and Client's attorney.
D. BASIS OF ADVICE
Client acknowledges that Monitor obtains information from a wide variety of public and
private sources. The advice provided by Monitor to Client is based upon its analysis of such
information.
E. REPRESENTATIONS OF MONITOR
Monitor hereby represents that:
1.
Monitor is not the Client's investment manager nor is Monitor in any way
compensated by any investment manager, nor does Monitor have any affiliation with
any Plan investment manager; and
2.
Monitor will make all calculations according to the Bank Administration Institute
method of calculating time weighted rates of return; and
3. Monitor agrees that if Client is not satisfied with Monitor's performance, the fees
paid to Monitor will be refunded.
F. FEES TO MONITOR
In consideration of the services rendered by Monitor, the Client shall pay an all-inclusive
annual fee, billed quarterly in arrears, of$6,700.00 for each Plan representing a total of$20,100.00.
Services include:
. Quarterly Mobius performance report for all asset classes
(AgreementJPension Plan - Monitor - General-Firefighters-Police - 2005)
4
.
Investment Policy Statement development, review and maintenance
.
Asset Allocation Consulting/Modeling
o
. Investment Style Analysis
. Investment Manager Searches, if requested
. Economic Overviews
. Educational Seminars
. Performance Reconciliation
. Customized reports/presentations
. Alternative investment seminars
· Additional investment manager performance monitoring
. Quarterly oral reports
.
Feasibility AnalysislFee Audits
o
. Transactional Costs Analysis
· Plan Monitoring reports as required by Florida Statutes
All fees are guaranteed for three (3) years
G. MISCELLANEOUS
1. This Agreement shall be applicable only to the services individually prepared for
Client. It shall not relate to any advice given by any person or persons not
specifically designated by Monitor in writing to perform such services. By execution
of this agreement, the Monitor acknowledges that it is a fiduciary of each Plan within
the meaning of the Employee Retirement Income Security Act of 1974 ("ERISA")
and Section 112.656, Florida Statutes.
(Agreement/Pension Plan - Monitor - General-Firefighters-Police - 2005)
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2.
Neither party hereto may assign, convey, or otherwise transfer any of its rights,
obligations, or interest herein without the prior express written consent of the other
party .
3. This Agreement represents the complete agreement of the parties with regard to the
subject matter and supersedes any prior understanding or agreement, oral or written.
4. This Agreement may be amended or revised only by an instrument in writing signed
by Client and Monitor.
5. Client acknowledges receipt of Monitor's Advisor.
6. The validity ofthis agreement and any of its terms, provisions, rights and duties of
the parties hereunder, shall be governed by the laws of the State of Florida.
7. This Agreement may be executed in several counterparts, each of which shall be
deemed an original.
8.
This Agreement shall become effective October 1,2005.
9. Any action under this agreement shall be brought in Volusia County, Florida.
H. TERMINATION
Client shall have the right to terminate this Agreement at any time upon written notice of
Monitor. Monitor may terminate this Agreement at any time on ninety (90) days written notice and
charges, if any, for services completed will be prorated based on the total fees as set forth in
Paragraph F.
I. PUBLIC ENTITY CRIMES BILL
Section 287.133, Florida Statutes, provides that a person or affiliate who has been placed on
the convicted vendor list following a conviction for a public entity crime may not submit a bid on
(Agreement/Pension Plan - Monitor - General-Firefighters-Police - 2005)
6
a contract to provide any goods or services to a public entity, may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work, may not submit bids
on leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017,
Florida Statutes, for CATEGORY TWO for a period of36 months from the date of being placed on
the convicted vendor list. The Monitor represents that neither it, nor any of its agents, have been
placed on the convicted offenders list at any time.
IN WITNESS WHEREOF, the Client has signed duplicates hereof, and Monitor had caused
its corporate name to be signed to said duplicates by its proper officers thereunder duly authorized
on the day and year first written above.
(AgreementJPension Plan - Monitor - General-Firefighters-Police - 2005)
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Monitor
BOGDAHN CONSULTING, LLC.
PLAN #1:
Client
BOARD OF TRUSTEES FOR THE CITY
OF EDGEWATER GENERAL
EMPLOYEES PENSION PLAN
Joseph Bogdahn
Principal
Harriet E. Rhodes
Chairperson
Monitor
BOGDAHN CONSULTING, LLC.
PLAN #2:
Client
BOARD OF TRUSTEES FOR THE CITY
OF EDGEWATER FIREFIGHTERS'
PENSION PLAN
Joseph Bogdahn
Principal
James Jollie
Chairman
Monitor
BOGDAHN CONSULTING, LLC.
PLAN #3:
Client
BOARD OF TRUSTEES FOTHE CITY
OF EDGEWATER POLICE OFFICERS
PENSION PLAN
Joseph Bogdahn
Principal
Gary Conroy
Chairman
(AgreementJPension Plan - Monitor - General-Firefighters-Police - 2005)
8
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater held on this 26th day of
September, 2005 under Agenda Item No.
(Agreement/Pension Plan - Monitor - General-Firefighters-Police - 2005)
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AGENDA REQUEST
Date: 9/9/05
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
xx
ITEM DESCRIPTION:
City of Edgewater
Western Reserve Area Utilities, Bid No. 04-ES-Ol
Project Closeout and Final Change Order Approval
BACKGROUND:
The Western Reserve Area Utilities Project has been completed and all
work has been found to be in substantial compliance with the Contract
Documents. Work performed under this Project include:
1) A master lift station west of 1-95 to support development.
2) A 12" force main from the master lift station directionally drilled
under 1-95 and tied in at the intersection of Mission Road and Ranch
Road via the F.P.&L. easement.
3) A 12" water line directionally drilled under 1-95 from the Water
Treatment Plant Transmission line to the West side ofI-95 to support
development.
4) A lift station at the Water Treatment Plant site.
Although this project suffered major delays due to the hurricanes of 2004,
it has been completed at a cost of$I,287,689.55, or $8,602.55 less than
the original contract price of$I,296,292.1O. Change Order NO.1 (Final)
reflects the reduction of the contract cost in favor of the City.
STAFF RECOMMENDATION:
Staff recommends Council approval of Change Order No. 1
(Final) for a deduct of $8,602.55 to the Western Reserve Area
Utilities Project (Bid No. 04-ES-0 1), and authorization to close
the project out at a final cost of$I,287,689.55 to Progressive
Contractors, Inc.
ACTION REQUESTED: A motion to approve Change Order No.1 (Final) and Authorize the
Mayor or City Manger to execute the pertinent documents to close out the
Western Reserve Area Utilities Project, Bid No. 04-ES-Ol with
Progressive Contractors, Inc. for $1,287,689.55, a $8,602.55 deduction
from original bid award. / ~
FINANCIAL IMPACT: (FINANCE DIRECTOR) ~ ~. ~ '/
C/V
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO
DATE:
AGENDA ITEM NO.
Respectfully submitted,
~2~
\~r~)~.~~r\
Robin Matusick, Paralegal l
~~.~
Ke eth R. Hooper . . - -
City Manager
C:\MyDocirnents\TerrysFiles\AgendaRequest
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CONTRACT MODIFICATIONS
CHANGE ORDER NO.1 (Final)
lJ
August29,2005
Project:
Western Reserve Area Utilities
City of Edgewater, Florida
Contractor:
Progressive Contractors, Inc.
3702 Olson Drive
Daytona Beach, FL 32123
(See attached summary and supporting documentation)
1) Adjust contract quantities to reflect "as-built" quantities
2) Increase height of wetwell & valve vaults
3) Additional water main and force main on SR 442.
4) Additional 2" water line to Mr. McCaskell
SUMMARY OF CHANGES
Net Deletion by Change Order No.1 (Final)
$
(8,602.55)
SCHEDULE OF ADJUSTED CONTRACT COSTS
Original Contract Amount
Net Deletion by Change Order NO.1 (Final)
Contract Amount after Change Order No.1 (Final)
$ 1,296,292.10
$ (8,602.55)
$ 1,287,689.55
( \ NO ADDITIONAL TIME IS REQUESTED AS A RESUL T OF THIS CHANGE ORDER
~ineer's Certification
I hereby certify to the accuracy of the supporting cost data attached hereto and, that in my considered
professional opinion, the prices quoted are both fair and reasonable and in proper ratio to the cost of the
original work contracted for under competitive bidding.
The change is acceptable.
Progressive Contractors, Inc.
.n C~. tor.
B~~#
Gerald Randall
Title:
Date:
President
'1 Js-Jo~
Title:
Project Manager
~ / &'ll(()~
. ,
THIS CHANGE IS ACCEPTED BY
CITY OF EDGEWATER, FLORIDA
Date:
ATTEST:
By:
By:
City Clerk
Title:
()e:
Date:
EW28 C01 PCI
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Western Reserve Area Utilities
Change Order No.1
SUMMARY
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1 10" PVC Gravity 10 LF $ 830.00
2 10" PVC Force Main 15 LF $ 420.30
3 24" Casing 1-95 5 LF $ 792.50
4 Increase height ofwetwell & valve vaults 1 LS $ 17,084.00
5 Additional water main and force main
on SR 442 1 LS $ 5,820.00
6 2" PVC Water Line to McCaskell 1 LS $ 1,500.00
Total Additions $ 26,446.80
1 6" PVC Force Main 9 LF $ (161.55)
2 6" Directional Drill 35 LF $ (1,137.50)
3 10" Directional Drill 30 LF $ (1,650.00)
4 10" HOPE Force Main 62 LF $ (1,869.30)
5 24" Casing #6 R.R. 5 LF $ (359.00)
6 10" Gate Valve & Box 3 EA $ (3,345.00) 0
7 Air Release wastewater 6 EA $ (8,022.00)
8 18" CMP and Headwall 1 EA $ (5,200.00)
9 12" HOPE water 50 LF $ (1,800.00)
10 Blow Off Assembly 1 EA $ (1,275.00)
11 Fire Hydrant 1 EA $ (2,685.00)
12 Air Release water 1 EA $ (1,545.00)
13 Miscellaneous Concrete 50 CY $ (6,000.00)
Total Deletions $ (35,049.35)
Total Additions $ 26,446.80
Net Deletion to Contract $ (8,602.55)
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EW28 CO 1 Final Summary
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FROM :PCI
FRX NO. :3852583788
Rug. 29 2005 10:24RM Pl
pC/! Progressive eontrt1dors. lne.
3702 Olson Drive · Daytona Beach, Florida 32124
SowGf, WlltGf, Storm Drainage
386 . 258-3807
Fax 386 - 258--3788
August 29, 2005
Mr. David King
Quentin Hampton & Assoc.
3881 Nova Road
Port Orange, Fl 32119
Re: Western Reserve
Dear David;
Per my conversatiiJn with Todd Bush, J have agreed to furnish and install a 2"
PVC waterline to Mr. McCaskel/ for the lump sum price of $3,000.00. The City of
Edgewater has agreed to pay half of this cost. We intend to install this on
Wednesday, August 31,2005.
If you have any further questions, please contact me at your convenience.
Sincerely, /J ) n / / /
.~~%//~#
Gerald Randall
President
.-
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p CI/ Pr~!;~~!nt:::. ~~~!;.n,;~~;~ 32{!:C.
Sewer, Water, Storm Drainage
o
386 - 258-3807
Fax 386 - 258-3788
December 13,2004
Mr. Todd Bush
Quentin Hampton and Associates
P 0 Drawer 290247
Port Orange, FI 32127
Re: Western Reserve Utilities
Dear Todd:
We propose to furnish and install 60 1.f. of 12" pvc watermain and 60 I.f. of
8" forcemain, remove 201.f. of 12" pvc watermain and 12" gate valve, re-
install and remove 20 1.f. of 8" pvc forcemain and 8" gate valve and re-
ins~.O
We will also install a furnished 12" X 12" X 12" tee.
This price does not include any pressure testing, chlorinating or as-bUilts.
Total lump sum: $ 5,820.00
Sin~erely, d/ fl /' fJ
._~/~//
Gerald O. Randall
President
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ICI.-iARD W. FERNANDEZ, P.E.
lARK A. HAMPTON, P.E.
RAD T. BLAIS, P.E.
'AVID A. KING, P.E.
ND(J GIANNINI, P.E.
Quentin L. Hampton Associates, Inc.
Consulting Engineers .
P.O. DRAWER 290247
PORT ORANGE, FLORIDA 32129-0247
v
TELEPHONE
386/761-6810
FAX # 3861761-3977
Email: qlha@qlha.com
. ..
November 10,2004
Mr. Gerald Randall
President
Progressive Contractors, Inc.
3702 Olson Drive
DaYtona Beach, FL 32124.
. Re: Western Reserve Area Utilities
Dear Mr. Randall:
. .
. . .
. .
I have reviewed your proposal dated November 5, 2004 regarding the top elevation. of the
. . pump station structures. Based upon my peld observation, I have concluded that this.
. change in elevation is necessary. Please b.e sure to increase the length of the pump
station guidexails to match the new top of wet \yell. .
" . .. '. . . .' ."' .'
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. V ~ry tnily yours,
QUENTIN L HAMPTON ASSOCIATES, INC: .
. . .'
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. .' a....-.:... .~?:P/ '7
..- . ./ P./'" ~,.
'.. .,' ~~0-C ..>"Y . .
. rochard W, Femand~z, P.E.
~resident
'. :RWF:kl
cc: Terry Wadsworth, City of Edge water
" Todd Bush, QLH .
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EW28 IIr to progressive kl
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FROM : PCI
FRX NO. :3852583788
Nov. 05 2004 03:15PM P2
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pC/! Pr~!f~~!n~~ .~~I!.~~~~~~ 32{!!C.
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SIlWer, Wa1er, Storm Drainage
386 . 258-3807
Fax 386 - 258-3788
November 5, 2004
Mr. Rick Fernandez
Quentin Hampton & Assoc.
POBox 290247
Port Orange, Fl 32129.0247
P'ROPOSAL
We propose to furnish all tabor, equipment and materials necessary to raise
the 12" diameter Wet.weU, 9.5' x 8' Valve vault and the 6' x 4' Emergency
pump-out vault the 2 linear feet requested. This price includes providing flU
dirt to raise the ground up around the structures and taper to existing ground.
o
Total Lump Sum: $ 17,084.00.
Sincerely,
Gerald Randall
'President
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AGENDA REQUEST
Date: 9/19/05
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
OTIIER
BUSINESS
CONSENT
xx
ITEM DESCRIPTION:
Emergency Drainage Work
Beck's Grove Road
Canal Relocation and Improvements
BACKGROUND:
The design for Coral Trace Subdivision provides for the
stormwater system to "pop-off' into Beck's Grove Road canal
during major storm events. Beck's Grove Road is a County
platted road which the County does not maintain. The Beck's
Grove Road canal has been found to be on private property and
not within the dedicated easement. As we are currently in
hurricane season and do not want to compromise the private
properties adjoining the canal in its current location, City staff
feels it is in the public interest to locate the canal to convey the
Coral Trace Subdivision stormwater discharge within the existing
public right-of-way and allow proper maintenance and legal
access. City staffhas coordinated and initiated permitting for the
construction with Volusia County. The developer of Coral Trace
Subdivision has contributed $90,000 to the City of Edgewater to
address the stormwater situation. Halifax Paving, Inc., (the road
and drainage contractor for Coral Trace), has negotiated with
City staff to provide all work at a not to exceed cost of $90,000 to
perform the County permitted improvements to Beck's Grove
Road easements to provide a new drainage canal with
appurtenances and provide a stabilized driving surface for the
residents living there as well as provide maintenance access to the
new canal. Halifax Paving, Inc. has performed for the City of
Edgewater and is competent, reliable, and available to perform
this work innnediately. By declaring this work an emergency, the
City can forgo the bidding process and accomplish the project
expeditiously.
STAFF RECOMMENDATION:
To declare the above described drainage work at Beck's Grove
Road an emergency and to authorize Halifax Paving, Inc. to
construct the improvements at a not to exceed cost of $90,000.
ACTION REQUESTED:
A motion to declare the drainage improvements on Beck's Grove
Road to be an emergency, and to authorize Halifax Paving, Inc. to
perform the necessary construction at a not to exceed cost of
$90,000.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
DATE:
Respectfully submitted,
~,~~
Department . ector
C:\M:yDociments\T errysFiles\AgendaRequest
YES
NO
AGENDA ITEM NO.
~"'1\'O-.d~-rJ\
Robin Matusick, Paralegal ~
Kenneth R. Hooper
City Manager
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))6/:JUI~, IV, LVV~lCIV:j~A[V\6 67ellnAI~Y HUIVlt;) HALIFAX PAVING
Proposal of
Halifax Paving, Inc.
P.O. Box 730549 Ormond Beac~ PI 32173
Phone 386-676-0200 Fax~S6.676.0803
E-mail; haIJfaxpavlng@cfl.rr.com
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TIM~: 10:34 AM
ODATE~ 6/10/2005
TO: City of Edge water
104 North Riverside Drive
Edgewater, FL 32168
.J'
ATTN: Mr. Ken Hooper
PHONE: 386.424.2456 FAX:
JOB NAME: Coral Trace Offslte Drainage
LOCATED AT: Beck Grove Road
PLANS BY: Harpster Engineering
DATE OF PLANS: 11/3/2003
ll>cl:Prices Are Good For Work Completed Through 06/30/05**
BID ITEM
8" Shell
611 Stabilized Subbase
Grading
Sod~Bahia.
Seed & Mulch
38" X 60" R.C.P.
38" X 60" M.B.S.
f ,Staking
V As-BuJlts
Clear & Grubb
QUANTITY VNrr
835 SY
835 SY
1 LS
S 100 SY
2500 SY
84 LF
1 EA
1 LS
ILS
1.3 AC
tlNIT PRICE
$ 8.50 $
$ 4.00 $
$ 30)000.00 $
$ 1.50 $
$ 0.45 $
$ 150.00 $
$ 5,000.00 $
$ 3,000.00 $
$ 1,800.00 $
$ 10,000.00 $
..,.. THIS PROPOSAL DOES NOT INCLUDE 'ROCK
EXCAVATION AND/OR. BACKFILL OF ROCK
OR UNSUITABLE MATERlALSh"""
TOTAL
7,097.50
3,340.00
30,000.00
12,150.00
1,125.00
12,600.00
S,OOO.OO
3,000.00
) ,800.00
13,000.00
We ~ropusc to oxecute the abovo scope of work for the sum of:
EXCLUSIONS:
89,112.50
$
WE PROPOSB TO PWORM ONLY TIm WORK TiXPLICITL't DJ}SC1UB.E.O ABOW
AN\" ITEM OF WORK WHtCH IS NOT axl'UC!U Y DBSCIUBRD ABOVE IS Not rnCl.tJDED IN THIS PROPOSAl
THIS ITEMIZED PROpOSAL SHALL EliCOl\oo.m II BLNDlNO ADDENDUM TO ^'NY CON'I'MCT DEaIVED FROM 'l'HIS PROPOSAl...
Permit AJlpJic!ltiollS, l'ennit fCl:5.lmpBCl F'CC9, or OI11er Fees of an)' kind arc NOT INCJ..UDPO In III Is ProJ)O.lld.
This f'WI"'!lll! may bo wfthd~wn by u~ Ir nOI n~cptcd wllhln 30 ~J,
All worlc (8 8Ul1tM\.eed bJ bellii' sp=olficd.
All wOlk; /alo ba eOlnpleled III u workuJlUIllko manner llO~ordlnl.lIO S1undl\ld ooumuctlon pm~cc!.
/lny lll\emtloll or de'Yiation from I~e above scope of work, will be CllCClJllld only ',pon wnllell ordm,
Any al\1lmJion or d1!vi:tltoD ~m rboo abov0 scopg ofworr.. 11Ivolvlcg elCUI.l ~g\!l, will become M elCTr.1 chl\l'ge over nnd Dbovo 1h~J Proposal
Owner to ll!Iny Firc, Tornado, HllIni:llllc nnd olller ncccJ!laIY insuraI\ce.
Our Worker.! ate full... COVetca by Worlo\1lUl'g Com~et1sarton InslrmDce.
ACtClplall~o otP"opo~lll-
U'rh~ lIbove ~oopo of ~r1c, slleolli=IOlI&. coudlriolls,llJld prices are SBJi~faclol)' ~nd Mt hetcby acoepted.
HalIfax Paving i, au!hQW.Cc!IO do tho work l!a spcejfi~d. Pa>1"rnl ~I be l!:lIIde Ill! ourlincd sbovll.
Authori:zed Signllhl~
DlIIO or ACb!Ilt:Jllce
AuthoriZoed SI~l1I1uc
Dau! or i\cc~lIIn~e
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AGENDA REQUEST
Date: September 20.2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD APPOINTMENT
OTHER
BUSINESS
CONSENT
x
ITEM DESCRIPTION:
The Police Chief is seeking Council's approval to enter into a mutually agreed upon contract to
provide Police forfeiture litigation with a private Attorney for the benefit of the Police
Department.
BACKGROUND:
With the proactive increase of drug enforcement and seizures by the Edgewater Police
Department more opportunities to seize legally gained narcotic funds from drug dealers are
arising. As such, the Police Department is required to go through a legal process to seize such
funds for the benefit of the community, and requires the use of legal council to assist.
STAFF RECOMMENDATION:
Staff recommends the City Council's approval for the mutually agreed upon contract.
ACTION REQUESTED:
Motion to approve an agreed upon contract with a private Attorney for forfeiture litigation
procedures. There is no financial impact at this time.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully submitted,
jJ;
~~A~
Robin Matusick
Paralegal
\
Kenneth R. Hoo er
City Manager
1/
AGREEMENT FOR PROFESSIONAL SERVICES
CITY OF EDGEW ATER
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FREDERICK S. JAEGER, JR., P.A.
FORFEITURE ATTORNEY
This AGREEMENT FOR RETENTION OF FREDERICK S. JAEGER, JR., P.A. (this
"Agreement") is entered into this day of , 2005, by and between the CITY
OF EDGEWATER, whose address is P.O. Box 100, Edgewater, Florida 32132-0100 (hereinafter
the "City"), and FREDERICK S. JAEGER, JR., P.A., whose address is 1326 S. Ridgewood
Avenue, Suite #1, Daytona Beach, Florida 32114 (hereinafter "Firm").
WITNESSETH:
WHEREAS, the Edgewater Police Department has solicited interest from law firms that.
might be interested in representing the City in criminal cases that might result in felony forfeitures,
WHEREAS, the City initiated negotiations with the Firm to serve as City of Edgewater
Felony Forfeiture Attorney, subject to the execution of a definitive agreement between City and
Firm; and
WHEREAS, the City and Firm are desirous of entering into such a definitive agreement 0
pursuant to which Firm will serve as City of Edgewater Felony Forfeiture Attorney as more fully set
forth herein.
NOW, THEREFORE, in consideration of the foregoing and the mutual obligations
contained herein, City and Firm agree as follows:
1. The City does hereby retain the Firm for the purpose of providing legal representation to the
City as the Forfeiture Attorney.
2. The Firm will provide representation and counsel to the City for legal services through
Frederick S. Jaeger, Jr., P.A. Other attorneys in the Firm providing legal services may be
designated as Assistant Forfeiture Attorney with prior approval by the City Administration.
Services may include but not be limited to:
a. attendance at meetings and work sessions, upon the request of the City
Manager, Assistant City Manager or Paralegal (hereinafter referred to as
"City Administration");
b. review of police reports that might result in any type of forfeiture; and
c. review of additional documentation as directed by City Administration.
(Agreement/City Attomey- Forfeiture-J aeger - 2005)
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3.
City Administration will forward all documentation/reports to the Firm for review and
determination of merit. Firm has sole discretion for determinating if a case warrants filing
forfeiture proceedings.
4. For matters on which the Firm provides services to the City, and actually files forfeiture
proceedings, the Firm shall be compensated twenty-five percent (25%) of any monies
collected from said forfeiture proceedings. Said twenty-five percent (25%) rate includes trip
charges to and from Edgewater by the Firm at no additional charge to City.
5. City will reimburse Firm for filing and/or services of process fees to the Clerk of Court.
6. All invoices shall be submitted on a monthly basis to the Legal Department at City's address
set forth above upon receipt of the Court Order Release distributing funds in each case, by
a Settlement Agreement and/or Release executed by the property owner.
7. Each invoice shall be submitted upon completion of the requirements contained in Paragraph
#6, in a format that includes, at a minimum, the following information:
a.
b.
Legal matter reference;
Invoice number for the particular bill;
Law Firm taxpayer identification number;
Statement of billing period;
Itemization of the date; hours billed; a concise, meaningful description of the
services rendered, with sufficient detail to enable the City to evaluate the
services rendered and costs; the person(s) who performed the services for
each day during which the Firm performed work; and the hourly rate for each
attorney or paralegal;
A listing of all costs to be reimbursed; and
The total of the current bill.
c.
d.
e.
f.
g.
A summary of all monthly invoices will also be provided which sets for the fees and costs
for each matter.
City shall pay the Firm for each approved invoice within thirty (30) days of presentation.
8. This Agreement shall commence on the date set forth above and shall extend for a term of
six (6) months, and shall automatically renew annually for successive six (6) month terms
up to a maximum of six (6) automatic renewals unless either party notifies the other in
writing that it does not intend to renew this Agreement for the succeeding year at least thirty
(30) days prior to the anniversary date of this Agreement.
9. City may terminate this Agreement for any reason upon thirty (30) days written notice to the
Firm. The Firm may terminate this Agreement for any reason upon sixty (60) days written
(Agreement/City Attorney- Forfeiture- J aeger- 2005)
2
v
notice to City.
10.
The Firm will make affirmative efforts to achieve cost effectiveness by utilizing and
coordinating work with the City's Legal AssistantlParalegal, limiting travel, using
established forms, using the appropriate level of attorney or staff experience required for
each task, and taking other actions to improve efficiency.
o
11. The Firm assures the City that the Firm possesses knowledge and experience relating to the
practice of municipal, civil and criminal law which will include but is not limited to:
a. Florida Statutes, administrative and/or judicial actions;
b. forfeiture practice policies and procedures;
c. various criminal and traffic laws; and
d. litigation.
12. The Firm acknowledges that an Attorney will be available to attend City Council meetings
at the request of the Mayor, City Manager or City Legal AssistantlParalegal.
13. In the performance oflegal services hereunder, the Firm is an independent contractor. The
assigned attorneys shall not be considered employees, agents or servants of City. The Firm
and assigned attorneys do not have the power or authority to bind the City in any promise,
agreement or representation other than as specifically provided in this Agreement.
14.
The Firm assures the City of the highest quality of professional services in representing the
City and the Firm further agrees to accept no employment which would result in a conflict
of interest.
o
15. The services to be rendered under this Agreement are personal to the Firm and may not be
assigned, either directly or indirectly, to any other person or law firm.
16. This Agreement shall be governed by and construed under the laws of the State of Florida.
17. This Agreement may be amended only by written instrument signed by both the Firm and the
City.
(Agreement/City Attomey- Forfeiture-J aeger- 2005)
3
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Witness
Witness
Witness
Witness
(Agreement/City Attorney - Forfeiture-J aeger- 2005)
CITY:
CITY OF EDGEW A TER, FLORIDA
Kenneth R. Hooper
City Manager
Dated:
LAW FIRM:
FREDERIC S. JAEGER, JR, P.A.
Frederick S. Jaeger, Jr., P.A.
Dated:
4
MEMO
TO:
Susan Wadsworth, City Clerk
Brett Tanner, Accountant!? f"
FROM:
DATE:
September 21, 2005
SUBJECT:
TRIM Compliance Newspaper Requirements
Attached are the TRIM newspaper advertisements and requirements. The attached are as
follows:
· Notice of Proposed Tax Increase advertisement
. Budget Summary advertisement
. Newspaper requirements
The following are the dates and other information:
· 09124/2005 - publish advertisement
· 09/26/2005 - public hearing
)(. :(wl~~t~6e5 - Receive Proof of Publication by this date. ~
1 J ftJ125/2005 - TRIM compliance package received by the state
. Observer newspaper
~ (La ,1/'-
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,
THE CITY OF EDGEWATER
POST OFFICE BOX lOO-EDGEWATER" FLORIDA. 3:113:1-0100
Mayor Donald A. Schmidt
Councilman James P. Brown
District 2 Councilman Delmis A. Vincenzi
District 3 Councilwoman Harriet E. Rhodes
District 4 Councilwoman Judith R. Lichter
City Manager Kelmeth Hooper
City Attorney Paul Rosenthal
City Clerk Susan J . Wadsworth
September 21, 2005
Laura Hall
Observer
POBox 10
New Smyrna Beach, F132170-0010
Re: Legal Display Advertisement-TRIM Compliance
Dear Ms. Hall:
Please publish the attached legal display advertisement as per the attached newspaper
requirements. The ad need to be advertised in the Observer no later than Saturday. September
24.2005 for the September 26,2005, City Council Public Hearing meeting.
I must received proof of publication by September 15, 2005. I will be happy to come pick it up if
you Will notify me when it is ready.
Send the bill on the legal advertisements to the City Clerk's Office.
Contact my office if you have any questions.
Thank you for your assistance in this matter.
Sincerely,
..L J. ;r J-.:d.
City Clerk, CMC
Cc: Finance
l04'NORTHRIVERSIDE DRIVE
FAX-(386)424-2409 SUN€OM.'383.i.2407
CITY €I:.ERK-(386)424-2407
SwadSworth@cityofedgewater.org
2"
NEWSPAPER REQUIREMENTS
The City of Edgewater is required by law to advertise in a newspaper of general paid circulation
in the county or in a geographically limited insert of such newspaper notice of its intent to finally
adopt a millage rate and budget. A public hearing to finalize the budget and adopt a millage rate
shall be held not less than 2 days or more than 5 days after the day that the advertisement is
first published.
Please run the enclosed advertisements EXACTLY PER INSTRUCTIONS:
1- To appear September 24. 2005
2- The advertisements shall NOT be placed where,legal notices and classified advertisements appear.
3- The advertisements shall NOT be combined.
4- The advertisements MUST BE adjacent.
5- Forward Proof of Publication for each advertisement and entire page in which the ad appears, along
with your statement, by October 7.2004.
6- Both ads shall run for one day only.
A. Notice of Proposed Tax Increase AD (example enclosed)
1- Size requirements; a full 1/4 page of newspaper.
2- Headline shall be in a type no smaller than 18 Point.
B. Budget Summary AD (example enclosed)
1- There is no size requirementfor this ad
2- Must appear ADJACENT to the Notice of Proposed Tax Increase.
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It is the mission of the Economic Development Board (Board) for the City of Edgewater
to follow the dictates of the Edgewater City Council, to create a business environment
that is favorable to clean industrial and commercial development, and to serve as a
catalyst in the production of quality jobs that will result in greater financial strength for
the citizens of Edgewater and the surrounding community.
The Board has worked on fulfilling this mission in various ways:
~ Identifying potential target industries.
~ Identifying the City's strengths and weaknesses in attracting industries.
~ Identification and evaluation of available training resources and specific job field
needs - (through development and administration of a survey to existing City
business owners).
~ Attendance at Trade Shows, either by Board members or Board "Ambassadors" -
(N.Y. State Medical Manufacturer's Show, N.Y Fancy Foods show, various
boating industry shows).
~ Participation in Southeast V olusia Chamber of Commerce Business Fair.
~ Development of a marketing folder in conjunction with the V olusia county
Department of Economic Development.
Upcoming goals include:
Business in Edgewater Forum - an informal get-together of businesses doing business
in Edgewater with the purpose of promoting Edgewater's business climate and give
further opportunities for media coverage as well as promotion of upcoming activities
and information exchange programs.
Recognizing Outstanding Businesses - to recognize and publicize outstanding
achievements of Edgewater business community; present honorees with plaques or
declarations.
Developing Board and Marketing Media contacts - to assure that media in the
Southeast Volusia County area and beyond is informed of Edgewater's economic
progress and plans and enable them to carry creditable news and feature stories to the
area's general public as well as to interested individuals/companies that monitor
economic business conditions within our area.
Continuing involvement with the SEV Chamber Business expo's, Volusia County
Department of Economic Development (VCED) and target industry trade shows.
Other goals include further development of marketing material to promote the City
including industry specific cut sheets for the marketing folder being produced by
VCED, purchase of backdrop for display at Trade shows, updating of CD
highlighting Edgewater's lifestyle, continuing to work develop a qualified work force
by determining needed job skill and developing partnerships with training resources,
helping existing business owners to grow and improve their businesses, and working
to attract businesses and industries that support existing City businesses.
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AGENDA REQUEST
Date: September 14. 2005
PUBLIC
HEARING 09/26/2005
ORDINANCE
~
RESOLUTION
CONSENT
OTHER
BUSINESS
CORRESPONDENCE
ITEM DESCRIPTION:
Ordinance No. 2005-0-47 Millage Rates
Ordinance No. 2005-0-48 Budget for fiscal year 2005 - 2006
BACKGROUND:
In accordance with Florida statutory requirements, the City of Edgewater advertised a Notice of
Public Hearing informing the public/citizens of the Special MeetinglPublic Hearing regarding the
final millage rate and budget for the fiscal year 2005 - 2006.
On July 18, 2005, Council approved advertising a millage rate of 6.45 mills per $1,000.00 of
o assessed taxable value for the fiscal year beginning October 1, 2005 - September 30, 2006.
STAFF RECOMMENDATION:
Q
Staff respectfully recommends that Council consider approval of Ordinance No. 2005-0-47 and
Ordinance No. 2005-0-48 which adopts the final millage rates and budget for fiscal year 2005 _
2006.
ACTION REQUESTED:
Motion to approve Ordinance No. 2005-0-47 and 2005-0-48.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES
NO-X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
obW;ll~
Finance Director
Concurrence:
~.
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Robin L. Matusick \.
Paralegal
Kenneth R. Hooper
City Manager
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ORDINANCE NO. 2005-0-47
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEW A TER, FLORIDA; ESTABLISHING MILLAGE
RATES FOR THE CITY OF EDGEW A TER FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2005, AND ENDING
SEPTEMBER 30, 2006, STATING THE PERCENTAGE BY
WHICH THE MILLAGE RATE EXCEEDS THE ROLLED-
BACK RATE COMPUTED PURSUANT TO SECTION 200.065,
FLORIDA STATUTES; PROVIDING FOR MILLAGE
ADJUSTMENT; PROVIDING FOR COLLECTION OF
TAXES; PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. The City of Edgewater, Florida, has received the report of the V olusia County
Property Appraiser dated July 1,2005, stating the amount of assessed values which he has certified
to the Florida Department of Revenue for non-exempt real and tangible personal property within the
City for the year 2005 for operating purposes; and
2. The City of Edgewater, Florida, has also received the report of the V olusia County
Property Appraiser dated July 1, 2005, stating the amount of assessed values which he has certified
to the Florida Department of Revenue for non-exempt real and tangible personal property within the
City for the year 2005 for voted debt service purposes; and
3. In order to provide the revenue necessary for the operation of the City for its Fiscal
Year beginning October 1,2005, and ending September 30,2006, the City Council of the City of
Edgewater has determined the rate of ad valorem tax levy that must be assessed for the year 2005;
4. In order to provide the revenue necessary to finance a voter approved capital
improvement project for a new animal adoption/rescue facility and to issue limited ad valorem
Stl tick till on~h passages are deleted.
Underlined passages are added.
2005-0-47
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revenue bonds in connection therewith for its Fiscal Year beginning October 1, 2005, and ending
September 30, 2006, the City Council of the City of Edgewater has determined the rate of additional
ad valorem tax levy that must be assessed for the year 2005 in connection with such voted debt
service; and
5. The provisions of Chapter 200 of the Florida Statutes prescribing the method offixing
millage have been complied with.
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater,
Florida as follows:
SECTION 1. Authority. The City Council of the City of Edgewater has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution ofthe State of Florida and Chapters
166 and 200, Florida Statutes, and pursuant to City Ordinance No. 2004-0-26 and Proposition 4
thereof as approved by the electors of the City.
SECTION 2. Operating Millage Levy. The City Council of the City of Edgewater hereby
adopts, establishes and levies a millage rate for ad valorem taxation of real and business personal
property within the City of Edgewater, Florida, for the fiscal year beginning October 1, 2005 and
ending September 30, 2006, at the rate of $6.45 per $1,000 of assessed valuation.
SECTION 3. Percentage Increase of Rolled-Back Rate. The millage rate, as herein levied,
exceeds the rolled-back rate computed pursuant to Section 200.065, Florida Statutes, by 14.69%,
such percentage increase being characterized as the percentage increase in property taxes adopted
by the City Council of the City of Edgewater.
SECTION 4. Voter Approved Debt Millage. The City Council of the City of Edgewater
hereby adopts, establishes and levies an additional millage rate for ad valorem taxation of real and
Shock t1l1oo~h passages are deleted.
Underlined passages are added.
2005-0-47
2
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business personal property within the City of Edgewater, Florida, for the fiscal year beginning
October 1,2005 and ending September 30, 2006 at the rate of$0.06 per $1 ,000 of assessed valuation
in order to fund a voter approved capital improvement project for a new animal adoption/rescue
facility and to issue limited ad valorem revenue bonds in connection therewith.
SECTION 5. Percentage Increase of Rolled-Back Rate for Voter Approved Debt Millage.
This is in the initial levy of the voter approved ad valorem tax in order to fund a voter approved
capital improvement project for a new animal adoption/rescue facility and to issue limited ad
valorem revenue bonds in connection therewith. Accordingly, there is no roll-back rate and no
percentage increase in property taxes over the prior year with respect to this levy.
SECTION 6. Millage Adjustment. The City Council hereby authorizes the City Manager
to administratively provide the Property Appraiser with the millage adjustment, pursuant to his report
of the aggregate change in the assessment roll as provided for by Section 200.065(5), Florida
Statutes.
SECTION 7. Collection of Taxes. The tax shall be collected by the Volusia County Tax
Collector, subject to discounts prescribed by law, and distributed to the City in accordance with
Florida law.
SECTION 8. Severability. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
SECTION 9. Effective Date. This Ordinance shall become effective immediately upon
passage and adoption.
StI lick till otl~h passages are deleted.
Underlined passages are added.
2005-0-47
3
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v
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SECTION 10.
Adoption.
After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on
the first reading of this ordinance held on September 12,2005, was as follows:
AYE NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis A. Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
After Motion by
and Second by
the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
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2005-0-47
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PASSED AND DULY ADOPTED this 26th day of September, 2005.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
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2005-0-47
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal AssistantlParalegal
Approved by the City Council of the City of
Edgewater at a special meeting held on this
26th day of September, 2005 under Agenda
Item No.
5
f
u
o
o
..
ORDINANCE NO. 2005-0-48
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA; ADOPTING A FINAL BUDGET
FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2005
AND ENDING SEPTEMBER 30, 2006; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE
AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. The City Manager of the City of Edgewater, Florida has submitted an estimate of the
expenditures necessary to carry on the City Government for the Fiscal Year beginning October 1,
2005 and ending September 30, 2006;and
2. The estimated revenues to be received by the City during said period from Ad
Valorem taxes and other sources have been submitted to the City Council; and
3.
All applicable legal requirements pertaining to public notices and hearings have been
satisfied within specified deadlines and prior to final adoption of this Ordinance; and
4. The City Council has, in meeting duly assembled, examined and carefully considered
the proposed budget;
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater,
Florida as follows:
SECTION 1. Authority. The City Council of the City of Edgewater has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters
166 and 200, Florida Statutes.
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2005-0-48
1
SECTION 2. Adoption of Final Budget. Attached hereto as Schedule "A" and incorporated
U herein by reference is the final budget for the City of Edgewater for the Fiscal Year beginning
October 1,2005 and ending September 30, 2006, said final budget being hereby confirmed, adopted
and approved in all respects by the City Council of the City of Edgewater.
SECTION 3. Appropriations. There are hereby expressly appropriated out of anticipated
revenues all funds and monies necessary to meet the appropriations stipulated by and in said final
budget.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
o
SECTION 5. Effective Date. This Ordinance shall become effective immediately upon
passage and adoption.
SECTION 6. Adoption.
After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on
the first reading of this ordinance held on September 12,2005, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
o
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2005-0-48
2
-
,
After Motion by
and Second by
V the vote on the second reading of this ordinance was as follows:
o
o
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 26th day of September, 2005.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
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2005-0-48
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a special meeting held on this
26th day of September, 2005 under Agenda
Item No.
3