11-07-2005
Voting Order
Councilwoman Lichter
Mayor Schmidt
Councilman Brown
Councilman Vincenzi
Councilwoman Rhodes
AGENDA
CITY COUNCIL OF EDGEWATER
REGULAR MEETING
November 7, 2005
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROVAL OF MINUTES
A. Special Meeting ofOctober12, 2005
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TES/DONA TIONS.
A. Mayor Schmidt to proclaim November as "Family Month" to encourage residents
to spend quality time with family members.
B. Chief Ignasiak to present a plaque to Officer Martha Miles for "Officer of the
Quarter" .
C. Presentation by Janet Shira, B&H Consultants, Inc., for the Kennedy Park
conceptual site plan.
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
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Public Hearing, Nancy Hansen of Edge water United Methodist Church, 211 N.
Ridgewood Avenue, requesting a Special Activity permit for "Christmas Under
the Palms" to be held December 10,2005, from 9:00 a.m. to 4:00 p.m.
Rezonings:
B. 2nd Reading, Ord. No. 2005-0-38, Ernestina Kayat requesting an amendment to
the Official Zoning Map to include 37.262:: acres ofland located west of 4100 S.
USl and west of Relocation Road as I-I (Light Industrial), 1st reading 6120/05,
item 61.
C. 1 st Reading, Ord. No. 2005-0-49, Glenn Storch, agent for Worthington Creek
Investment, Inc., requesting an amendment to the Official Zoning Map to include
155.642:: acres ofland located west of US 1 and northwest of William Street as
RPUD (Residential Planned Unit Development) and approval of associated
RPUD Agreement.
D. 1 st Reading, Ord. No. 2005-0-50, Glenn Storch, agent for John and Patricia
Hickey, requesting an amendment to the Official Zoning Map to include 29.202::
acres of land located west of US 1 and north of Clinton Cemetery Road as RPUD
(Residential Planned Unit Development) and approval of associated RPUD
Agreement.
City Council Agenda
November 7, 2005
Page -2-
6. Public Hearings, Ordinances and Resolutions Cont.
E. 1st Reading, Ord. No. 2005-0-51, Trajan Joe Sfera requesting an amendment to
the Official Zoning Map to include 12.01::t acres ofland west of US 1 and south of
Relocation Road and 4100 S. US1 as B-3 (Highway Commercial).
F. 1 st Reading, Ord. No. 2005-0-52, River Colony, Inc. requesting an amendment to
the Official Zoning Map to include 4.22::t acres of land located north of Jones
Fish Camp Road and west of the Indian River as RPUD (Residential Planned Unit
Development) and approval of the associated RPUD Agreement.
G. Res. No. 2005-R-14, authorizing execution of an Emergency Relief Program
Agreement with FDOT for $140,000 reimbursement for costs of debris removal
generated by Hurricanes Charley, Francis and Jeanne.
H. Res. No. 2005-R-15, renewing a Non-exclusive Cable System Franchise
Agreement with Brighthouse Networks, LLC.
7. BOARD APPOINTMENTS
A. Firefighters' Pension Fund Board - affirming Firefighter's election of Jim Jollie
and Ron Hayward to serve another 2-year term.
B. Animal Control Board - nomination by Councilwoman Lichter to fill a seat
vacated by the expired term of Dr. David Vanis, who seeks reappointment.
C. Recreation/Cultural Services Board - nominations by Councilman Vincenzi and
Councilwomen Rhodes and Lichter to fill seats vacated by the expired terms of
Kat Bearsley, Tom Tipton and Mike Visconti; all seeking reappointment.
8. CONSENT AGENDA
All matters listed under the consent agenda are considered to be routine by the City
Council and will be acted upon by one motion. There will be no separate discussion of
these items unless discussion is desired by a member of the Council, in which case the
Mayor will remove that item from the consent agenda and such item will be considered
separately.
A. Equivment Purchase - staff recommending authorization to piggyback with Lake
County bid for the purchase of a 2,500-gallon water tanker fire apparatus with a
grant award of $180,000 from the Department of Homeland Security and City's
10% grant match in the amount of $20,000 (approved budget item).
B. Equipment Purchase - staff recommending authorization to piggyback with
Orange County bid for the purchase of a John Deere Utility Mower with a
separate set of cutting units from Coastal Equipment Systems, Inc. for a cost of
$29,837.60 (approved budget item).
9. OTHER BUSINESS
A. Professional Engineering Services - staff recommending approval of Work Order
#2005-04 to B&H Consultants, Inc. for an amount not to exceed $44,234 for
Airpark Road Realignment Bidding and Construction Phase Services.
City Council Agenda
November 7,2005
Page -3-
9. Other Business Cont.
B. Professional Engineering Services - staff recommending approval of Work
Order #2005-01 to Quentin L. Hampton Associates, Inc. for engineering
services related to the Southeast Service and Reclaimed Water Ground
Storage/Pump Station Project for an estimated cost of$228,145.
C. Request for Funding:
1) SCORE requesting $1,500 to continue their program of counseling
entrepreneurs and small businesses.
2) Thomas Meeks requesting a donation to help fund a trip to Europe
sponsored by "The People to People Student Ambassador
program".
3) Project Graduation New Smyrna Beach High School Class of 2006
requesting a donation to help fund a graduation night celebration.
10. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
11. CITIZEN COMMENTS/CORRESPONDENCE
A. Tentative Agenda Items
12. ADJOURN.
Note: All items for inclusion on the December 5, 2005, agenda must be received by the City
Manager's office no later than 4:30 p.m Monday, November 28, 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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WHEREAS, America's character begins in the home, where children learn the proper
standards of conduct and values; and
WHEREAS, families provide children with the encouragement, support and love they
need to become confident, compassionate and successful members of society; and
WHEREAS, we must work together to promote and preserve the health and security of
our families by upholding the timeless values that have sustained our society throughout history; and
WHEREAS, recent events have reminded Americans of the blessings of family and
friends and the importance offaith; and
WHEREAS, parents should be the most prominent and active figures in their children's
lives, recognizing that by spending more family time together, they can develop positive and open
relationships with their children that will allow them to better engage their children and encourage them to
make positive choices; and
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WHEREAS, citizens, schools, and civic institutions can assist families by helping to meet
the needs of all those who live in our communities; and
WHEREAS, as we work together to strengthen our families, we build a nation of hope
and opportunity for all.
NOW, THEREFORE, I, Donald A. Schmidt, Mayor of the City of Edgewater, Florida
do hereby proclaim the month of November as
FAMILY MONTH
in the City of Edgewater and urge all our residents to observe this day by spending quality time with family
members to strengthen relationships between parents and their children.
In JIIit11tlili Dl4trtof 9 halle helteu/lto set illY ha/ld a/ld caused the glteat
geae 8dgewatelt to be o66lXed.
Done at the Edgewater City Hall in the
County of Volusia STATE OF
FLORIDA this 26th day of
April in the Year of Our Lord
two thousand and five
Attest:
9-..ucf6 JS&--
Mayor
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City Clerk
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AGENDA REQUEST
Date: October 27, 2005
PUBLIC
HEARING
11/7/05
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION
Nancy Hansen of Edgewater United Methodist Church, located at 211 N. Ridgewood Avenue is requesting
a Special Activities permit for "Christmas Under the Palms" to be held December 10, 2005.
BACKGROUND
The event is scheduled for December 10, 2005, with the hours of operation being from 9:00 a.m. to 4:00
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 of the special
activities permit to allow the United Methodist Church for "Christmas Under the Palms" to be held
December 10, 2005, based on the following conditions:
1. No fire hydrants shall be obstructed in any way, which would prevent immediate access for its use;
2. The occupant load of the assembly area may never be exceeded;
3. Daily fire, life safety and code inspections may be conducted throughout the duration of the peimit;
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) of the Code of
Ordinances and all conditions of the permit;
5. The applicant will provide traffic/parking assistance for attendees;
6. No parking is permitted in public right-of-ways or in the site visibility triangle.
ACTION REQUESTED
Motion to approve the special activities permit to allow the United Methodist Church to hold the
"Christmas Under the Palms" event on December 10,2005, based on staffs recommendations.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
. NO X
DATE:
AGENDA ITEM NO.
C:~~Ct~)l~'d~~~
Robin Matusick "-
Legal Assistant
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Kenneth R. Hooper \
City Manager
SPECIAL ACTIVITY PERMIT
EDGEWATER UNITED METHODIST CHURCH
ADDRESS-211 N. RIDGEWOOD AVENUE
EDGEW A TER, FLORIDA 32132
APPLICANT-Nancy Hansen
FUNCTION: CHRISTMAS UNDER THE PALMS
THE FOLLOWING PERMIT CONDITIONS ARE APPLICABLE TO EDGEW A TER
UNITED METHODIST CHURCH FOR December 10,2005.
SPECIAL ACTIVITY PERMIT REQUIREMENTS
1. A Special Activity Permit has been issued for Edgewater United Methodist Church for
Christmas Under the Palms, activity to be held December 10, 2005. Hours of event are
from 9:00 a.m. until 4:00 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.
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 the City an in the amount of at least
$200,000.00.
6. Sanitary facilities must be adequate for expected attendance and remain on site for the
duration ofthe 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.
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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 to
provide emergency services.
9. No signage for advertising the event shall be placed on publicly owned rights-of-way.
Any signs used for the event must be permitted and inspected by the Building
Department. All signs shall be removed within I 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 (1) day.
II. The proposed use shall not be permitted to operate on the same parcel owned by the same
property owner more than two (2) times per calendar year. 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
application, or granted by the city.
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.
IS. 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.
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}
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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.
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 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 wilI
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.)
ADDITIONAL CONDITIONS PER FIRE MARSHAL/LEGAL DEPARTMENT:
1. No fire hydrants shall be obstructed in any way, which would prevent immediate access
for its use;
2. Daily fire, life safety and code inspections may be conducted throughout the duration of
the permit;
3. The occupant load of the assembly area may never be exceeded;
4. 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;
5.
The applicant will provide traffic/parking assistance for attendees
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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:
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Ile Chief
Permit issued by:
AICP, Development Services Director
Date
CC: City Council, City Manager, City Clerk, Police Chief, Fire Chief, Building Official and Development
Services Director
4
21-38.03 - Site Triangle Requirements
EXHIBIT "A"
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.
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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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AGENDA REQUEST
Date: October 26. 2005
PUBLIC
HEARING
ORDINANCE November 7.2005
RESOLUTION
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-38
Ernestina D. Kayat requesting an amendment
to the Official Zoning Map to include 37.26:1:
acres of land located west of 4100 South US
Highway 1 and west of Relocation Road as I-I
(Light Industrial).
APPLICANT/AGENT: Ernestina D. Kayat
OWNER(S): Ernestina D. Kayat
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as 1-1 (Light
Industrial).
PROPOSED USE: There is no proposed development of the property at this time.
LOCATION: West of 4100 S. US Highway 1 (PID # 8424-00-00-0055)
AREA: 37.26:1: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Industrial (currently being amended to City Industrial with
Conservation Overlay)
ZONING DISTRICT: Volusia County - 1-4 (Industrial Park)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use PLUM Desifmation Zoninf! District
North Vacant Vol usia County - Volusia County-
Industrial/Urban Low Intensity 1-4 (Industrial Park) and
A-3 (Transitional
Agriculture)
East Manufacturing Facility Volusia County -Industrial Volusia County - 1-4
(Industrial Park) and 1-1
(Light Industrial)
South Vacant Volusia County -Urban Low Volusia County -A-3
Intensity (Transitional Agriculture)
West Vacant Volusia County - Volusia County-
Industrial/Urban Low Intensity 1-4 (Industrial Park) and
A-3 (Transitional
Agriculture)
RZ-0418 - Kayat
Background:
This parcel is located west of US Highway 1 and west of 4100 S. US Highway 1, which is a vacant
manufacturing facility formerly known as KHS Kayat. The applicant has not proposed any development
at this time. This parcel was annexed into the City in December 2004.
At their regular meeting of June 8, 2005 the Planning and Zoning Board voted 7-0 to send a favorable
recommendation to City Council for the proposed Zoning Map amendment
Land Use Compatibility:
The proposed designation is compatible with the adjacent property to the east, which was formerly
utilized as the KHS Kayat. Staff has not received any development plans at this time.
Adequate Public Facilities:
This site is within the City's water and sewer service area and has direct roadway access to US Highway
1. The City of Edgewater has verified that potable water is available along U.s. 1 and that sufficient
water capacity exists for this project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater
Treatment Plant and is conveyed via a force main. County staff has indicated that there is adequate
wastewater treatment and disposal capacity for this project.
A traffic impact study is required for this project. The traffic study shall be reviewed for concurrency
with current level-of-service roadway standards. Any indication of a deficiency in roadway capacity due
to the proposed project must be addressed and corrected prior to construction.
Natural Environment: An environmental impact study must be submitted and approved by City staff
prior to development of this site.
Consistency with Comprehensive Plan:
The proposed zoning designation is compatible with the proposed Future Land Use designation of
Industrial with Conservation Overlay.
Other Matters:
There are no other known matters associated with this site.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-38; amending the Official Zoning Map to include
approximately 37.26:1: acres ofland located west of 4100 S. US Highway 1 and west of Relocation Road as
I-I (Light Industrial).
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-38.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
AGENDA ITEM NO. 6J
6-20-05
~~
-Robin Matusick
Paralegal
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Kenneth R. H~oper \
City Manager
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RZ-0418 - Kayat
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ORDINANCE NO. 2005-0-38
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY 1-4 (INDUSTRIAL
PARK) TO CITY 1-1 (LIGHT INDUSTRIAL) FOR PROPERTY
LOCATED WEST OF 4100 SOUTH U. S. HIGHWAY #1 AND
WEST OF RELOCATION ROAD, EDGEW A TER, FLORIDA;
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF EDGEW A TER; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FORAN EFFECTIVE DATE, RECORDING AND
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
I. Robert E. McMillan, is the new owner of the property previously owned by Emestina
D. Kayat, Trustee of the Emestina D. Kayat Revocable Trust Agreement is the owner/applicant for
property located west of4100 South U. S. Highway #1 and west of Relocation Road, within Volusia
U County, Florida. Subject property contains approximately 37.26:!:. acres.
2. The owner/applicant have submitted an application for a change in zomng
classification from County 1-4 (Industrial Park) to City I-I (Light Industrial) for the property
described herein.
3. On June 8, 2005, the Local Planning Agency (Planning and Zoning Board) considered
the application for change in zoning classification and by a vote of 7 - 0, the Board recommended
that City Council consider approval of the request.
4. On June 20, 2005, the City Council considered on first reading/public hearing the
proposed change in the zoning classification after publication of such hearing in the Daytona Beach
u
StIlIck t1uollgh passages are deleted.
Underlined passages are added.
2005-0-38
I
News Journal on June 9, 2005.
5. On July 18, 2005, the City Council held a public hearing on the application after
publishing notice of such hearing in the Daytona Beach News Journal on July 7,2005, and notifying
by mail all property owners who own real property directly affected by the proposed action and all
property owners who own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9.
Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area. .
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEWATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from
County 1-4 (Industrial Park) to City 1-1 (Light Industrial):
Stll1ck t1uongh passages are deleted.
Underlined passages are added.
2005-0-38
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The following described real property all lying and being in the County of V olusia
and State of Florida:
A part of U. S. Lots 1 and 2, and a portion of the Northwest 1/4 of Section 24,
Township 18 South, Range 34 East, also known as Parcels G-l, H-l and a portion
ofI-l, and all being more particularly described as follows:
Commence at the Northwest corner of said Section 24, Township 18 south, Range
34 East; thence North 87037'43" East, along the North line of said Section 24, a
distance of 1 ,977.01 feet for the Point of Beginning; thence continue North 87037'43"
East, a distance of 1 ,214.66; thence South 22055'51" East a distance of 70 1.65 feet
to the centerline of a 60 foot road and utility easement; thence South 8605 8'19" West,
along said centerline, a distance of 128.72 feet; thence South 03041'04" East a
distance of 663.84 feet; thence South 86018'56" West, a distance of 1,098.41 feet;
thence North 02041'04" West, a distance of 676.40 feet to the said centerline of
easement; thence South 86058'19" West along said centerline a distance of245.76
feet; thence North 02022'17" West, a distance of 673.71 feet to the Point of
Beginning. Containing 37.26 acres more or less. Subject to an together with the
right to use a road and utility easement described as follows:
Commence at the Northwest corner of Section 24, Township 18 South, Range 34
East; thence North 87037'43" East along the North line of said Section 24 a distance
of3,876.74 feet to the Westerly R/W line ofU. S. Highway No.1, a 158 foot R/W
as now laid out; thence South 22055'51" East along said Westerly R/W a distance of
661.42 feet for the Point of Beginning; thence South 86058'19" West a distance of
2,132.80 feet; thence South 02022'17" East a distance of 60.00 feet; thence North
86058'19" East a distance of 2,155.21 feet to the said Westerly R/W of U. S.
Highway No.1; thence North 22055'51" West along said R/W a distance of 63.81
feet to the Point of Beginning. Being a part of Section 24, Township 18 South,
Range 34 East.
Containing 37.26 :t acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW A TER, FLORIDA.
The Chief Planner is hereby authorized and directed to amend the Official Zoning Map of
the City of Edge water, Florida, to reflect the change in zoning classification for the above described
StltlGk thl0tl~h passages are deleted.
Underlined passages are added.
2005-0-38
3
property.
PART C.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PARTE.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PARTF.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
Stltlck t1l1otl~h passages are deleted.
Underlined passages are added.
2005-0-38
4
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PARTG.
ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on June 20, 2005, was as follows:
AYE NAY
Mayor Donald A. Schmidt ABSENT
Councilman James P. Brown X
Councilman Dennis 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 Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
StI tlck tIll otlgh passages are deleted.
Underlined passages are added.
2005-0-38
5
PASSED AND DULY ADOPTED this 7th day of November, 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
Shock t1uoogh passages are deleted.
Underlined passages are added.
2005-0-38
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 7th day of
November, 2005 under Agenda Item No.
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AGENDA REQUEST
Date: October 26.2005
PUBLI C
HEARING
RESOLUTION
ORDINANCE November 7.2005
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
1 st Reading - Ordinance No. 2005-0-50
Glenn D. Storch requesting an amendment to
the Official Zoning Map to include 29.20::1: acres
ofland located west of US Highway 1 and north
of Clinton Cemetery Road as RPUD (Residential
Planned Unit Development) and approval of the
associated RPUD Agreement.
APPLICANT/AGENT: Glenn Storch, Esquire
OWNER(S): John and Patricia Hickey
REQUESTED ACTION: Amend the Official Zoning Map to include property as RPUD (Residential
Planned Unit Development) and approve RPUD Agreement for Julington Oaks.
PROPOSED USE: Single family residential development to be known as Julington Oaks
LOCATION: West of US Highway land north of Clinton Cemetery Road.
AREA: 29.20::1: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Low Density Residential with Conservation Overlay
ZONING DISTRICT: Volusia County - A-3 (Transitional Agriculture)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Desil!nation Zonine District
North Vacant/ Commercial Volusia County- Volusia County - B-4
Commercial/Ind ustrial (General Commercia!)/I-1
(Light Industria!)/ I-4
(Industrial Park)
East Vacant Volusia County- Volusia County - I-3W
Industrial/Urban Medium (Waterfront Industria!)/B-
Densitv 4W (General Commercia!)
South Vacant/Single Family Volusia County- Volusia County - B-2
Residential Commercial/Urban Low (Neighborhood
Intensity Commercia!)/ A-3
(Transitional Agriculture)
West Vacant Volusia County - Urban Low Volusia County - A-3
Intensitv (Transitional Agriculture)
RZ-0507 - Julington
Background
The applicant is proposing an 87-unit single-family residential subdivision, with lots proposed to be a
minimum of 60' x 120'. This will be a gated community, which shall include two (2) passive parks.
Council adopted the Future Land Use Map amendment for this property on October 10, 2005. At their
regular meeting of September 14, 2005 the Planning and Zoning Board voted 4-2 to send a favorable
recommendation to City Council for the proposed Zoning Map amendment.
Land Use Compatibility
The proposed Low Density Residential Future Land Use designation is compatible with the surrounding
area, which is primarily residential to the south and vacant to the north.
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway
1. The City of Edgewater has verified that potable water is available along U.S. 1 and that sufficient
water capacity exists for this project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater
Treatment Plant and is conveyed via a force main. County staff has indicated that there is adequate
wastewater treatment and disposal capacity for this project.
A traffic impact study is required for this project. The traffic study shall be reviewed for concurrency
with current level-of-service roadway standards. Any indication of a deficiency in roadway capacity due
to the proposed project must be addressed and corrected prior to construction.
Natural Environment
An environmental impact study must be submitted and approved by the City prior to the development of
this property.
Consistency with Comprehensive Plan
Policy 1.8.3 of the Future Land Use Element states "New development proposed within the County in
areas that are contiguous to the City shall be annexed into the City and developed to City standards as a
condition for the extension of public utilities."
Other Matters
The request for preliminary plat approval shall come at a later date.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-50; amending the Official Zoning Map to include
approximately 155.64:1: acres ofland located west of US Highway 1 and northwest of William Street as
RPUD (Residential Planned Unit Development).
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-50.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Darren Lear
Development Services Director
~~'i:f-t.J~~~
Robin Matusick
Paralegal
\J....\( ~~;:~~ ~'" i\
Kenne~th R. ~oper \ IJ
City Manager \
RZ-0507 - Julington
2
ORDINANCE NO. 2005-0-50
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICA TION FROM A-3 (TRANSITIONAL
AGRICULTURE) TO RPUD (RESIDENTIAL PLANNED
UNIT DEVELOPMENT) FOR PROPERTY LOCATED WEST
OF U.S. HIGHWAY NO. 1 AND NORTH OF CLINTON
CEMETERY ROAD, EDGEW A TER, FLORIDA;
AUTHORIZING THE MAYOR TO EXECUTE THE PLANNED
UNIT DEVELOPMENT (PUD) ZONING AGREEMENT FOR
THE JULINGTON OAKS SUBDIVISION; AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TER;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Glenn D. Storch, P.A., (agent) on behalf of John Michael and Patricia B. Hickey
(owners) and Julington Oaks Investment, Inc., the owner/applicant for property located West ofD.
S. Highway No. 1 and North of Clinton Cemetery Road, Edgewater, Florida. Subject property
contains approximately 29.20 acres more or less.
2. The owner/applicant has submitted an application for a change in ZOnIng
classification from A-3 (Transitional Agriculture) to RPUD (Residential Planned Unit Development)
for the property described herein.
3. On September 14,2005, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 4 - 2, the Board
recommended that City Council consider approval of the request.
4. On November 7, 2005, the City Council considered on first reading/public hearing
Stl tick tllIongh passages are deleted.
Underlined passages are added.
2005-0-50
the proposed change in the zoning classification after publication of such hearing in the Observer
on October 27,2005.
5. On December 5, 2005, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on November 25,2005, and notifying by mail all
property owners who own real property directly affected by the proposed action and all property
owners who own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW A TER,
FLORIDA.
The zoning classification for the following described property is hereby changed from A-3
StltlGk tlllotl~h passages are deleted.
Underlined passages are added.
2005-0-50
2
(Transitional Agriculture) to RPUD (Residential Planned Unit Development) pursuant to the
associated Planned Unit Development (PUD) Agreement for Julington Oaks Subdivision (attached
hereto and incorporated as Exhibit "B").
The following described real property all lying and being in the County of V olusia
and State of Florida.
Parcel Annexed pursuant to Ordinance #2004-0-42:
A parcel of land being a portion of US Government Lots 1 and 2 and a part of the
Northwest 1/4 of Section 24, Township 18 South, Range 34 East, Volusia County,
Florida and being more particularly described as follows:
Commence at the northwest comer of said Section 24, thence S 00034'36" E, along
the west line of the Northwest 1/4 of said Section 24, a distance of 1400.00 feet;
thence N 86018'56" E, a distance of2556.75 feet to the Point of Beginning of this
description to wit; thence continue N 86018'56", a distance of 1852.35 feet to a point
on the monumented and occupied westerly right-of-way line of U.S. Highway No.
1 (a 158.00 foot wide right-of-way) as described in O.R. Book 4708, Page 4301 of
the Public Records of Vol usia County, Florida; thence S 22055'51" E, along said
westerly right-of-way line, a distance of 210.25 feet; thence S 87052'59" W, a
distance of318.24 feet; thence S 22055'51" E, a distance of688.36 feet to a point on
the centerline of a 60.00 foot wide easement as described in O.R. Book 2067, Page
1758 ofthe Public Records of Vol usia County, Florida (known as Clinton Cemetery
Road); thence S 87053'15" W, along said centerline, a distance of 189.25 feet to a
point on the easterly line oflands as described in O.R. Book 5489, Page 3080; thence
N 22055'51" W, along said east line, a distance of31 0.00 feet to the northeast comer
of said lands; thence S 87053'15" W, along the north line of said lands as described
in O.R. Book 5489, Page 3080, a distance of221.88 feet; thence S 22038' 21" E, a
distance of 19.51 feet; thence S 67004'09" W, a distance of 120.00 feet; thence S
22038'21" E, a distance of 244.36 feet to a point on the aforesaid centerline of a 60
foot wide easement; thence S 87053'15" W, along said centerline, a distance of
481.75 feet; thence S 67043'02" W, along said centerline, a distance of 501.80 feet;
thence departing said centerline N 22035'17" W, a distance of 1027.10 feet to the
point-of-beginning.
Being subject to a 60.00 foot wide easement for road and utility purposes as
described in O.R. Book 2067, Page 1758; and FP&L easement as recorded in O.R.
Book 4102, Page 1578; and a 17.0 footF.D.O.T. easement as recorded in Deed Book
Stt t1Gk till ongh passages are deleted.
Underlined passages are added.
2005-0-50
3
285, Page 125-126 and O.R. Book 128, Page 278; all as recorded in the Public
Records of Vol usia County, Florida, and any other easements and/or rights-of-ways
of record.
Containing 29.20 ::t acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW A TER, FLORIDA.
The Development Services Director is hereby authorized and directed to amend the Official
Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the
above described property.
PART C.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PARTE.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
Stl1:1ck t1uotlgh passages are deleted.
Underlined passages are added.
2005-0-50
4
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on November 5,2005, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
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 Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
StJ tick till otlg,h passages are deleted.
Underlined passages are added.
2005-0-50
5
PASSED AND DULY ADOPTED this 5th day of December, 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
StJ n{,k till ongh passages are deleted.
Underlined passages are added.
2005-0-50
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 meeting held on this 5th day of
December, 2005 under Agenda Item No.
6
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THIS INSTRUMENT PREPARED BY:
Paul E. Rosenthal, Esquire
FOLEY & LARDNER, LLP
III North Orange Avenue, Suite # 1800
P.O. Box 2193
Orlando, FL 32802-2193
AFTER RECORDING RETURN TO:
Robin L. Matusick, Paralegal
LEGAL DEPARTMENT
CITY OF EDGEWATER
P.O. Box 100
Edgewater, FL 32132-0100
For Recording Purposes Only
PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
JULINGTON OAKS SUBDIVISION
THIS AGREEMENT is made and entered into this _day of
,2005
by and between, the CITY OF EDGEW A TER, FLORIDA, a municipal corporation, whose
mailing address is P. O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter
referred to as "City") and JULINGTON OAKS INVESTMENT, INC., a Florida Corporation,
with P. Micbael Evans as the authorized agent whose address is 1682 W. Hibiscus Boulevard,
Melbourne, Florida 32901 (hereinafter referred to as "Developer"). The purpose of this
Agreement is to define the terms and conditions granting the development approval of the
subject property.
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set
forth herein and other good and valuable consideration, the parties agree as follows:
1. LEGAL DESCRIPTION AND OWNER
The land subject to this Agreement is approximately 29.20:t acres located west of US-I,
north of Clinton Cemetery Road, within Edgewater, V olusia County, Florida. The legal
description of the property is attached hereto as Exhibit "A" - Legal Description. The Record
owner of the subject property is JOHN M. HICKEY and PATRICIA B. HICKEY, whose
(Agreement/Zoning - Julington Oaks)
1
address is 175 Clinton Cemetery Road, Edgewater, Florida 32141 (hereinafter referred to as
"Hickey"), with P. Michael Evans as their authorized agent.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the land. The Developer
shall commence construction of Julington Oaks, as defined by the Master Plan, dated October,
2005 (Exhibit "B" included herein), within one (1) year of required permit approvals for this
project or within eighteen (18) months of the effective date of this Agreement, whichever is
greater. Developer's failure to initiate construction within the time frame identified herein may
result in the City's termination of the Agreement. The City, at its sole option, may extend the
duration of this Agreement. This development must be consistent with the Master Plan and
which must be approved by City Council prior to commencement of any authorized work. Final
approval of the Subdivision Plans by City staff shall include, but not be limited to utilities,
stormwater, traffic, streetlights, fire rescue, hydrants, law enforcement, sidewalks,
environmental, solid waste containment, and planning elements, including landscaping, signage
and pavement marking.
3. DEVELOPMENT USES PERMITTED
The Developer hereby agrees to develop the property subject to the terms of this
Agreement and in accordance with the City of Edgewater's current Land Development Code.
The Developer further agrees that all development will be consistent with the Ju1ington Oaks
Master Plan dated October 2005 (Exbibit "B"). Julington Oaks shall be developed consistent
with the City's development procedures. Final project approval may be subject to change based
upon final environmental, permitting, and planning considerations. Use of the property will be
as follows:
(Agreement/Zoning - Julington Oaks)
2
A. Average Lot Size/Unit Count
Julington Oaks shall not exceed a total of 90 dwelling units. Based on the Preliminary
Plat approval, the total number of units may vary but the maximum residential units allowed for
the Julington Oaks Subdivision shall not exceed 3.1 dwelling units per gross acreage or a
maximum of 90 units.
No lot will exceed a maximum building coverage of fifty percent (50%) with a maximum
impervious coverage of sixty-five percent (65%).
Lot Dimensions:
60' x 120'
Density per PUD (90 units):
90 units
B. Minimum Single Family House Square Footage
The minimum house square footage for 90 residential units shall consist of not less than
1,300 square feet living area. Each single-family residence will have a minimum of a two (2) car
enclosed garage. No carports shall be allowed.
C. Minimum Yard Size and Setbacks:
60' Lots
Front - 25'
Rear - 20'
Side - 7.5'
Side Comer-IS'
Maximum Height - 35'
Utility Easements - 10' front,S' sides
Wetlands - 25'
Swimming Pools - Rear - 7.5' to pool deck edge and enclosures
(Agreement/Zoning - Julington Oaks)
3
Side - 7.5' (non-corner lots) to pool deck edge and enclosures
15' (side-corner lots) to pool deck edge and enclosures
D. Roads
There shall be one (1) access road entrance permitted from US-l to service the gated
subdivision with a minimum right-of-way width of fifty feet (50').
A south bound right turn lane and a northbound left turn lane, as determined by a traffic
study, shall be required along US-l and shall meet all FDOT required specifications.
An emergency access road is permitted from the southeast corner of the subdivision into
Clinton Cemetery Road. However, this access will be gated and only used in emergency
situations; and will be considered private and maintained by the Homeowners Association
("HOA").
All private roadways within the development shall have a minimum right-of-way width
of at least fifty-feet (50').
Due to the subdivision being a gated community, all interior roads shall be maintained by
the HOA.
Should future median cuts be installed, the developer/HOA agrees to add landscaping as
approved by the City and FDOT in the median(s) on US Highway 1 fronting this site and will be
maintained by the HOA.
E. Stormwater Management
The Retention Pond(s) will meet the requirements of the St. Johns River Water
Management District and the City's Land Development Code. The pond(s) are approximately
2.54 and will be owned and maintained by the HOA. Developer is required to provide an outfall
(Agreement/Zoning - Julington Oaks)
4
to a publicly owned or controlled drainage conveyance system, and obtain an off-site drainage
easement if necessary.
Flood Plain Encroacbment and Compensatory Storage Criteria.
Defmitions
FEMA - Federal Emergency Management Agency
FIS - Flood Insurance Study
FIRM - Flood Insurance Rate Map
USGS - United States Geological Survey
NGVD29 - National Geodetic Vertical Datum of 1929
NA VD88 - North American Vertical Datum of 1988
SHWL - Seasonal High Water Level. The SHWL is defined as the elevation to
which ground or surface water can be expected to rise during a normal wet
season.
SHGWT - Seasonal High Ground Water Table. The SHGWT is defined as the
zone of water saturated soil at the highest average depth during the wettest season
of the year.
100-Year Flood Elevation - The flood elevation that has a one percent (1%)
change of being equaled or exceeded each year.
The on-site 100-year flood elevation shall be established to the satisfaction of the City
Engineer.
Establishing the 100-year flood elevation may be based upon a combination of:
FEMA FIS; FEMA FIRM panels; approved drainage studies of a comprehensive
(Agreement/Zoning - Julington Oaks)
5
and regional nature; and site-specific assessments signed and sealed by a
professional engineer licensed to practice in the State of Florida.
Projects located near the coast should evaluate any flooding effects associated
with both storm surge (FEMA Zones V and VE) and the freshwater flood (FEMA
Zones A, AE, AH and AO).
In the case of conflicting information, the City will rely upon the highest
elevation, unless reasonable assurance can be provided that a lower elevation is
justified.
Under no circumstances will the City accept a IOO-year flood elevation
determined by overlaying a FEMA Zone A delineation with any topographic
contour information.
Construction plans and drainage basin maps shall be annotated to clearly and accurately
delineate the flood plain encompassed by the applicable on-site IOO-year flood elevation.
Topographic and flood plain mapping shall provide a minimum accuracy to a tenth of a
foot (i.e. I-foot topographic contour interval and IOO-year flood elevation to one decimal
accuracy). USGS quadrangle maps depicting 5-foot topographic contours are not
adequate to comply with these design standards.
Flood plains shall be delineated for all storage areas located within the property boundary
as defined by the pre-development topography, even if these areas are not illustrated on
FEMA FIRM panels.
(Agreement/Zoning - Julington Oaks)
6
Historically, flood elevations published by FEMA and other governmental agencies have
been determined using the NGVD29 datum, or for that matter any other vertical datum, a
"datum shift" may be required to "adjust" the applicable on-site 100-year flood elevation
to a common and consistent datum.
The SHGWT shall be established by drilling a sufficient number of geotechnical borings,
whereas the SHWL shall be determined by an ecological assessment of hydric soils,
vegetative cover, wetland species, lichen lines, etc. The SHWL and/or SHGWT shall be
determined for all wetlands, depressions, and any other low areas within the property
boundary that area capable of impounding stormwater runoff on the developed property.
Flood plain encroachment shall be computed for all fill placed within the flood plain
below the 100-year flood elevation and above the predicted SHGWT or SHWL.
Compensatory storage for all 100-year flood plain encroachments shall be provided in
accordance with the following requirements.
Compliance will be based upon a volume for volume ("cup for cup")
methodology, with the volume of compensation equal to the volume of
encroachment at each and every elevation (I-foot contour interval). Providing
compensating storage equal to the volume of encroachment at each elevation will
provide equivalent flood plain management for all storm events of magnitude less
than the 100-year storm event, and is intended to prevent cumulative water quality
impacts.
(Agreement/Zoning - Julington Oaks)
7
Storage creation must occur below the existing 100-year flood elevation and
above the predicted SHGWT and/or SHWL.
Compensation must occur within dedicated storage areas excavated contiguous to,
but outside of, the existing 100-year flood plain.
Under no circumstances will compensatory flood storage be allowed within ponds
that also provide stormwater management (retention and/or detention) for the
proposed development.
The City may approve the creation of offsite compensatory storage areas located
outside the property boundary on a case-by-case basis.
The City reserves the right to enforce additional criteria upon any project that is
located within what the City considers a special flood hazard area. At the City's
discretion, additional flood control measures may be required to adequately
protect, upstream systems, downstream systems, and/or offsite properties.
F. Signage
All subdivision signage will be located within common areas along the main entrance
road (not within public right-of-way) to the subdivision and must meet all requirements of the
Land Development Code. A written easement or tract dedicated to the HOA must be recorded
for the location ofthe sign. Developer shall dedicate all sign locations to the HOA.
G. Trees
There shall be a minimum of four (4) trees per each single-family home building lot.
Trees shall be 2 112" in diameter, measured 6" above the soil line and shall be of a variety listed in
(Agreement/Zoning - Julington Oaks)
8
Exhibit "C" - Trees. A tree survey shall be provided prior to construction plan approval. Each
lot shall have a tree survey prior to the issuance of a building permit. The purpose of the tree
survey shall be to determine the number of specimen and historic trees and to determine the tree
mitigation requirements.
Statistical tree survey information may be considered at the discretion of the Planning
Director. However, such statistical surveys shall be limited to sites contained an overstory
consisting predominantly of trees uniform in age, species and distribution, which do not contain
specimen or historic trees. Statistical surveys must be conducted in compliance with accepted
forestry practices.
The development of this Subdivision shall comply with all City and County minimum
environmental standards for Historic and Specimen Tree Protection requirements and Area Tree
Protection requirements.
H. Irrigation
Common areas and the entrance medians will be irrigated by wells or from a surface
water system upon proper permitting and approval. Shallow wells will be the recommended
source of irrigation for individual residential units. All irrigation must comply with all V olusia
County Waterwise Landscaping and Irrigation Standards.
I. Environmental Constraints
Any development of the property shall comply with all recommendations contained in all
Environmental Constraints Summary Report(s) as prepared by Biological Research Associates
dated August 2004 and/or any future environmental reports as approved by federal and state
agenCIes.
(Agreement/Zoning - Julington Oaks)
9
J. Entrance to Subdivision
There shall be one (1) entrance connected to US-I.
K. Declaration of Covenants. Conditions and Restrictions
The Declaration of Covenants, Conditions and Restrictions; Articles of Incorporation,
and By-Laws for the Homeowners Association will be recorded in the public records of Vol usia
County at the time the final plat for Julington Oaks is recorded.
L. Easements
Easements for rear yard construction purposes shall be located between every other lot
and shall have a width of ten (10') feet, being five (5) feet on each side of the lot lines for the
benefit of the adjoining lots in the event that access to the rear of the lot is required and the
individual lot owners side yard width is not adequate to accommodate the access. Easements for
public utilities shall be dedicated to the City and any other public utility provider.
M. Landscaping and irrigation plans must be submitted with final construction plans.
N. Model Homes and/or Temporary Construction/Sales Offices
At no time shall the number of model homes exceed a maximum of five (5) single-family
dwellings. Temporary construction/sales offices will not exceed a maximum of one per builder.
1. Model homes are permitted upon compliance of the following
requirements/conditions:
(a) A building permit shall be approved and issued by the City
Building Department;
(b) Adequate parking shall be provided;
(c) No permanent utility connections shall be allowed until said
utilities are completed and approved by all applicable regulatory
agenCIes;
(d) A certificate of occupancy shall not be issued until final approval
of said utilities and permanent utility connections are complete;
( e) Adequate fire protection shall be provided;
(Agreement/Zoning - Julington Oaks)
10
(t) Adequate access to any model home must be provided prior to the
issuance of a building permit; and
(g) Model homes may serve as a sales office until the final certificate
of occupancy is issued on the last available lot.
2. Temporary Construction/Sales Offices are permitted upon compliance of
the following requirements/conditions:
(a) Building permits are approved and issued by the City Building
Department;
(b) Temporary offices shall be removed within thirty (30) days after
completion of the first model home per builder; and
( c) Access to the temporary office, location and parking must be
approved by City staff prior to the issuance of a building permit.
4. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for Julington Oaks is Low Density Residential with
Conservation Overlay. The zoning designation for Julington Oaks shall be RPUD (Residential
Planned Unit Development) as defined in the City Land Development Code. The City of
Edgewater's permitted uses for RPUD are applicable to the development of the property and
consistent with the adopted Land Development Code and City's Comprehensive Plan.
5. PUBLIC FACILITIES
A. Developer agrees to connect to and utilize the City's water distribution system.
Developer agrees to connect to the City's potable system at the nearest point of connection, the
nearest entrance of the subdivision. In the event the City requires the installation of oversized
lines or facilities designed to provide service for other properties, then the City shall pay for the
cost of such oversizing by means of a direct cash payment by the City to the developer or a credit
against water capital charges otherwise to be paid by the developer. All water main distribution
system improvements will be installed by the Developer and conveyed to the City by Bill of Sale
in a form acceptable to the City and dedicated to the City prior to or at the time of platting or in
(Agreement/Zoning - Julington Oaks)
11
accordance with the requirements contained in the Land Development Code as it relates to
performance bonds.
B. Developer agrees to connect to and utilize the City's wastewater transmission and
collection system. All wastewater collection and transmission system improvements will be
installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the
City and dedicated to the City prior to or at the time of platting or in accordance with the
requirements contained in the Land Development Code as it relates to performance bonds.
Developer may desire to enter into an infrastructure agreement to facilitate the installation of off-
site wastewater collection/transmission system improvements.
C. The City has determined that reclaimed water is available at this time. Therefore,
the developer shall install piping for reclaimed service.
D. Developer agrees to provide, at no cost to the City, all required stormwater and
utility easements (on and off site) for drainage and utility service consistent with this provision.
E. All utility services will be underground.
F. Off-site improvements (including but not limited to intersection improvements,
turn lanes, acceleration lanes, deceleration lanes, signalization) required by Department of
Transportation (US-I) and the City to enable project approval based on transportation
requirements are the developer's responsibility and shall meet all City, County and/or State
requirements and approvals. As depicted on the Construction Plans.
G. Development/Impact fees for each dwelling unit will be paid in accordance with
the following schedule:
Water - 100% - Paid to City by applicant at the time of Building Permit
application.
(Agreement/Zoning - Julington Oaks)
12
Sewer - 100% - The applicable impact fees due to the City for sewer shall be paid
by applicant in accordance with City policies concerning the reservation of sewer
capacity.
Police, Fire, Parks and Recreation - Paid to City by applicant at the time of
Building Permit application.
City Road Impact Fee - Paid to City by applicant at the time of Building Permit
Application.
V olusia County Impact fees for Roads and Schools - Paid at City Hall by applicant to
include, but not be limited to, County road and school impact fee, prior to a Building Certificate
of Occupancy.
Voluntary Stormwater Basin Fee - $64.88 per unit to be paid by the applicant at the time
of Building Permit Application.
Voluntary Animal Shelter Impact Fee - $100 per unit to be paid by the applicant at the
time of Building Permit application.
The amount of all required impact fees shall be at the prevailing rate authorized at the
time of payment of impact fees.
H. All infrastructure facilities and improvements shall be constructed in compliance
with applicable federal, state, and local standards.
I. A concurrency review shall be conducted to ensure that all required public
facilities are available concurrent with the impacts of the development.
J. Developer agrees to reimburse the City of Edgewater for direct costs associated
with the legal review, engineering review and construction inspection related to the Julington
(Agreement/Zoning - Julington Oaks)
13
Oaks development approval and the construction of required infrastructure improvements and
the review and approval of the final plat.
K. The developer shall provide all public facilities to support this project including
the following:
1. Water Distribution System including fire hydrants.
2. Sewage Collection and Transmission System.
3. Stormwater collection/treatment system.
4. Piping for future reclaimed service.
5. Provide all required pavement marking and signage (stop signs, road
signs, etc.) within the Subdivision. All signage shall comply with Florida
Department Of Transportation (FDOT) standards.
6. Developer is responsible for the costs of recording the plat upon approval
by the City of Edgewater.
7. Bonds - A Performance Bond, Tri-Party Agreement or Letter of Credit,
shall be 110% of the costs of all requirement remaining improvements at
the time of the recording of the Final Plat. A Maintenance Bond equal to
10% of the cost of the water and sewer improvements shall be provided to
the City at the time issuance of a Certificate of Completion. The
Maintenance Bond shall be in effect for a two (2) year period or as
currently required in the Land Development Code.
8. Sidewalks shall be constructed on both sides of the streets/roadways and
have a minimum width of five feet (5') and shall be constructed prior to
issuance of a Certificate of Occupancy on each building lot. Developer
(Agreement/Zoning - Julington Oaks)
14
shall provide a bond or surety in a form acceptable to the City in the
amount of $10.00 per lineal foot for two (2) years. Or, upon review and
approval and at the City's sole discretion, City may allow the developer to
extend the sidewalk bond for an additional two (2) year term. If sidewalks
are not completed within four (4) years, the developer will install the
remaining sidewalks.
9. Streetlights shall be maintained by the HOA and Developer agrees to
request installation of the street lights from Florida Power & Light within
thirty (30) days of Construction Plan approval and will forward proof of
same to the City.
L. Recreational Facilities and Open Space
The developer agrees to provide two (2) passive neighborhood park~ pursuant to the
Master Plan (Exhibit "B"). There shall be a minimum of twenty-one percent (21 %) open space
for the project. Location of the park with dimensions will be determined during the preliminary
plat phase. Open space shall be defined as any area not occupied by any structure, impervious
surface or more than fifty-percent (50%) of the stormwater management area.
6. CONSISTENCY OF DEVELOPMENT
The City agrees to issue the required permits for the development in the manner defined
In the Agreement after having determined it is not contrary to the City of Edgewater
Comprehensive Plan and Land Development Code.
7. DEDICATION OF LAND FOR PUBLIC PURPOSES
The Developer shall convey to the City of Edgewater, by warranty deed or plat
dedications all public utility easements as required, free and clear of all liens and encumbrances;
(Agreement/Zoning - Julington Oaks)
15
and provide a title opinion to evidence compliance with same. Due to the subdivision being a
gated community, all roadways are private and therefore, will not be deeded to the City.
Julington Oaks has designated 6.23 acres (plus or minus) or twenty one an thirty five/one
hundredths percent (21.35%) of the project, as open space, conservation, etc., to be maintained
by the HOA or other approved entity.
Open space is determined as any parcel or area of land or water set aside, reserved or
dedicated for the use and enjoyment of all owners and occupants ofthe project. Usable common
space shall include area(s) readily accessible and generally acceptable for active or passive
recreational use. Open space shall not include required setback areas or contain structures or
right-of-ways other than those intended for landscape or recreational purposes.
8. PERMITS REQUIRED
The Developer will obtain the required development permits or letters of exemption.
Permits may include but not be limited to the following:
1. Florida Department of Transportation, Department of Environmental Protection,
Department of Health and Rehabilitative Services, St. Johns River Water
Management District, Army Corps of Engineers, Florida Fish and Wildlife
Conservation Commission, and V olusia County.
2. City of Edgewater - Rezoning, Subdivision Plat approval, Subdivision
Construction Plan approval, all applicable clearing, removal, construction and
building permits.
3. This site may require a Volusia County Environmental Permit.
(Agreement/Zoning - Julington Oaks)
16
4. 100 year flood elevation for this site is to be determined by engineer, minimum
finished floor elevation shall be twelve inches (12") above the 100-year flood
elevation.
9. DEVELOPMENT REOUIREMENTS
Failure of this Agreement to address a particular permit, condition, term or restriction
shall not relieve the Developer of the necessity of complying with those permitting requirements,
conditions, terms or restrictions, and any matter or thing required to be done under the existing
ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or waived
unless such modification, amendment, or waiver is expressly provided for in this Agreement
with specific reference to the ordinance provisions so waived, or as expressly provided or in this
Agreement. Developer is responsible for engineering review, survey review, legal review and
advertising fees.
Development standards shall be those of the City as set forth in the Land Development
Code, except as otherwise set forth in this Agreement or as designated on the construction plans
approved by the City.
Developer shall establish a mandatory HOA for the purpose of maintaining the property
and enforcing applicable covenants and restrictions. The mandatory HOA will also be
responsible for the streetlight requirements that result from the project including payment to
Florida Power and Light for installation, maintenance and power consumption and the
maintenance of the stormwater areas, retention areas, all common areas and any designated
easement areas within the Julington Oaks Subdivision, common area tracts as depicted on the
plat, and private streets within the gated community. The HOA documents, including applicable
(Agreement/Zoning - Julington Oaks)
17
articles of incorporation; covenants and restrictions; and by-laws shall be reviewed and approved
by the City prior to final plat approval.
10. HEAL TH SAFETY AND WELFARE REOUIREMENTS
The Developer shall comply with such conditions, terms, restrictions, or other
requirements determined to be necessary by the City for the public health, safety, or welfare of
its citizens.
11. APPEAL
If the Developer IS aggrieved by any City official interpreting the terms of this
Agreement, the Developer shall file a written appeal to the City Manager. After receiving the
written appeal, the appeal will be reviewed by the City Manager and City Attorney. If the City
Manager cannot resolve the dispute, the issue shall be scheduled for the City Council agenda.
The action of the City Council is the final authority concerning this Agreement, subject,
however, to the parties' rights to invoke the remedies provided below.
12. PERFORMANCE GUARANTEES
During the term of this Agreement regardless of the ownership of the Property, the
Property shall be developed in compliance with the terms of this Agreement and applicable
regulations of the City not inconsistent with, or contrary to this Agreement.
13. BINDING EFFECT
The provisions of this Agreement, including any and all supplementing amendments, and
all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest
and assigns and any person, firm, corporation, or entity who may become the successor in
interest to the land subject to this Agreement or any portion thereof and shall run with the land
and shall be administered in a manner consistent with the laws of the State of Florida.
(Agreement/Zoning - Julington Oaks)
18
14. RECORDING
Upon execution by all parties, the City shall record the Agreement with the Clerk of the
Court in V olusia County. The cost of recording shall be paid by the Developer.
15. PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12-months,
commencing 12-months after the date of this Agreement to determine if there has been good
faith compliance with the terms of this Agreement. If the City finds on the basis of competent
substantial evidence that there has been a material failure to comply with the terms of this
Agreement, subject to Developer's right to cure provided below, the Agreement may be revoked
or modified by the City. Notwithstanding any other provision of this Agreement, if City at any
time concludes Developer is in default of a covenant or obligation of this Agreement, City shall
notify Developer in writing of the claimed default, and Developer shall have the right to cure the
default within thirty (30) days after receipt of City's notice. Developer shall not be deemed in
default hereof, and City shall invoke no remedies, if Developer cures the claimed default within
those thirty (30) days. Further, if the default is of such a nature that it cannot be cured through
the exercise of reasonable diligence within thirty (30) days, then Developer shall not be deemed
in default hereof, and City shall invoke no remedies, if Developer commences in good faith to
cure the default within thirty (30) days after receipt of City's notice, and thereafter cures the
default within ninety (90) days.
16. APPLICABLE LAW
This Agreement and the provisions contained herein shall be construed, controlled, and
interpreted according to the laws ofthe State of Florida.
(Agreement/Zoning - Julington Oaks)
19
17. TIME OF THE ESSENCE
Time is hereby declared of the essence to the lawful performance of the duties and
obligations contained in the Agreement.
18. AGREEMENT/AMENDMENT
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous discussions, understandings, and agreements, with respect to the subject matter hereof.
Amendments to and waivers of the provisions of this Agreement shall be made by the parties
only in writing by formal amendment. Substantial changes, as determined by the City Manager,
will require City Council approval.
19. FURTHER DOCUMENTATION
The parties agree that at any time following a request therefore by the other party, each
shall execute and deliver to the other party such further documents and instruments, in form and
substance reasonably necessary to confirm and/or effectuate the obligations of either party
hereunder.
20. SPECIFIC PERFORMANCE
Both the City and the Developer shall have the right to enforce the terms and conditions
of this Agreement by an action for specific performance. Further, Developer shall have the right
to challenge City actions and decisions in accordance with Chapter 163, Florida Statutes and the
Florida Rules of Appellate Procedure.
21. ATTORNEYS' FEES
In the event that either party finds it necessary to commence an action against the other
party to enforce any provision of this Agreement or because of a breach by the other party of any
terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable
(Agreement/Zoning - Julington Oaks)
20
attorney's fees, legal assistant's fees and costs incurred in connection therewith, at both trial and
appellate levels, including bankruptcy proceedings, without regard to whether any legal
proceedings are commenced or whether or not such action is prosecuted to judgment.
22. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original but all of which together shall constitute one and the same instrument.
23. CAPTIONS
Captions of the sections of this Agreement are for convenience and reference only, and
the words contained therein shall in no way be held to explain, amplify or aid in the
interpretation, construction, or meaning of the provisions of this Agreement.
24. SEVERABILITY
If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any
reason held invalid or unconstitutional by any court of the 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 hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and
entered into the date and year first written above.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER,
FLORIDA
By:
Susan J. Wadswortb
City Clerk
Donald A. Scbmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
(Agreement/Zoning - Julington Oaks)
21
Witnessed by:
JULINGTON OAKS INVESTMENT,
INC.
P. Micbael Evans, Vice President
Jobn M. Hickey
Patricia Hickey
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before my on this _day of
2005, by P. MICHAEL EVANS, who has authority to execute this
document on behalf of JULINGTON OAKS INVESTMENT, INC., and JOHN HICKEY and
PATRICIA HICKEY and who D is personally known or D has produced
as identification and who D did D did not take an oath.
Notary Public, State of Florida
My Commission Expires:
(Agreement/Zoning - Julington Oaks)
22
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
A parcel ofland being a portion of U. S. Government Lots 1 and 2 and a part of the Northwest
1/4 of Section 24, Township 18 South, Range 34 East, Volusia County, Florida and being more
particularly described as follows:
Commence at the northwest comer of said Section 24, thence S 00E34'36" E, along the west line
of the Northwest 1/4 of said Section 24, a distance of 1400.00 feet; thence N 86EI8'56" E, a
distance of 2556.75 feet to the Point-of-Beginning of this description to wit; thence continue N
86E18'56" E, a distance of 1852.35 feet to a point on the monumented and occupied westerly
right-of-way line of u.S. Highway No. 1 (a 158.00 foot wide right-of-way) as described in O.R.
Book 4708, Page 4301 of the Public Records of Vol usia County, Florida; thence S 22E55'51" E,
along said westerly right-of-way line, a distance of 210.25 feet; thence S 87E52'59" W, a
distance of 318.24 feet; thence S 22E55'52" E, a distance of 688.36 feet to a point on the
centerline of a 60.00 foot wide easement as described in O.R. Book 2067, Page 1758 of the
Public Records of V olusia County, Florida (known as Clinton Cemetery Road); thence S
87E53'15" W, along said centerline, a distance of 189.25 feet to a point on the easterly line of
lands as described in O.R. Book 5489, Page 3080; thence N 22E55'51" W, along said east line, a
distance of 310.00 feet to the northeast comer of said lands; thence S 87E53'15" W, along the
north line of said lands as described in O.R. Book 5489, Page 3080, a distance of 221.88 feet;
thence S 22E38'21" E, a distance of 19.51 feet; thence S 67E04'09" W, a distance of 120.00 feet;
thence S 22E38'21 " E, a distance of 244.36 feet to a point on the aforesaid centerline of a 60 foot
wide easement; thence S 87E53'15" W, along said centerline, a distance of 481.75 feet; thence S
67E43'02" W, along said centerline, a distance of 501.80 feet; thence departing said centerline N
22E35'17" W, a distance of 1027.10 feet to the point-of-beginning.
Containing 29.20 acres more or less.
Being subject to a 60.00 foot wide easement for road and utility purposes as described in O.R.
Book 2067, Page 1758; and FP&L easement as recorded in O.R. Book 4102, Page 1578; and a
17.0 foot F.D.O.T. easement as recorded in Deed Book 285, Page 125-126 and O.R. Book 128,
Page 278; all as recorded in the Public Records of V olusia County, Florida, and any other
easements and/or rights-of-ways of record.
(Agreement/Zoning - Julington Oaks)
23
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EXHIBIT "C"
TREES
BOTANICAL NAME
COMMON NAME
Elm Ulmus spp.
Hickory Carya spp.
Loblolly Bay Gordonia lasianthus
Magnolia Magnolia grandiflora
Red Maple Acer rubrum
Other Oak Species Quercus spp.
Red Bay Persea borbonia
Red Cedar Juniperus silicicola
Swamp Bay Persea palustris
Sweet Bay Magnolia virginiana
Sweet Gum Liquidambar styraciflua
Sycamore Platanus occidentalis
Turkey Oak Quercus laevis
(Agreement/Zoning - Julington Oaks)
25
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AGENDA REQUEST
v
Date: October 21. 2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE November 7,2005
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
1 st Reading - Ordinance No. 2005-0-51
Trajan Joe Sfera, requesting an amendment to the
Official Zoning Map to include 12.01::1: acres ofland
located west of US Highway 1 and south of
Relocation Road and 4100 S. US Highway 1 as B-3
(Highway Commercial).
APPLICANT/AGENT: Trajan Joe Sfera
OWNER(S): Trajan Joe Sfera, Persa Sfera, Jon Sfera and Selvie Sfera
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as B-3 (Highway
Commercial) .
OPROPOSED USE: There are no proposed changes or improvements to the property at this time.
LOCATION: West of US Highway 1 and south of Relocation Road and 4100 S. US Highway 1
AREA: 12.01::1: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Industrial
ZONING DISTRICT: Volusia County - I-I (Light Industrial).
VOTING DISTRICT: 4
SURROUNDING AREA
North
-Current Land Use
Manufacturing
Facilit N acant
Commercial
Restaurant
FLUM Desi 11ation
Volusia County - Industrial
1-4
South
Commercial-
Restaurant
Zonin District
Volusia County
(Industrial Park)
- Volusia County- Volusia County - B-4
Commercial/Industrial (General Commercial)fI -3W
(Waterfront Industrial)
- Volusia County - B-4
Low (General Commercial)/ A-3
(Transitional A riculture)
Volusia County 1-4
(Industrial Park)
Volusia County
Commercial/Urban
Intensit
Volusia County - Industrial
East
Vacant
RZ-0517 Sfra
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Background
These parcels are located south of 4100 US Highway 1 (formerly KHS Kayat) a manufacturing facility
and to the west of Boston Whaler.
o
This property was annexed into the City on December 6, 2004. The Future Land Use Map amendment
was transmitted to DCA for review on June 16,2005 and adopted by Council on October 10, 2005. The
Planning and Zoning Board voted to send a favorable recommendation to Council for the proposed
Zoning Map amendment on September 14, 2005.
Land Use Compatibility
The proposed zoning designation for this property is compatible with surrounding current and
proposed uses.
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US
Highway 1. The City of Edgewater has verified that potable water is available along U.S. 1 and that
sufficient water capacity exists for this project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater
Treatment Plant and is conveyed via a force main. County staff has indicated that there is adequate
wastewater treatment and disposal capacity for this project.
A traffic impact study will be required for development ofthis site. The traffic study shall be reviewed
for concurrency with current level-of-service roadway standards. Any indication of a deficiency in
roadway capacity due to the proposed project must be addressed and corrected prior to construction.
Natural Environment
Soil types located on this parcel includes Daytona Sand, 0-5% slope and Immokalee Sand. Vegetation
types include Open water; Wet prairie; Scrub Oak; Temperate Hammocks.
o
Due to this property having a Conservation Overlay designation an Environmental Analysis shall be
required prior to development. Per the Comprehensive Plan Future Land Use Element: "The area
designated as Conservation Overlay on the FLUM is not intended to prevent development, but rather
identify sensitive areas that need to be reviewed carefully during the review process to determine
whether development should be permitted or if some form of mitigation may be necessary."
Consistency with Comprehensive Plan
The B-3 zoning designation is compatible with the Commercial Future Land Use designation per Table
III-1 of the City of Edgewater Land Development Code.
Other Matters
Any development on this site will be required to meet all site design criteria as depicted in Article V of
the Land Development Code.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-51; amending the Official Zoning Map to include
approximately 12.01:1: acres ofland located west of US Highway 1 and south of Relocation Road and
4100 S. US Highway 1 as B-3 (Highway Commercial).
o
RZ-0517 Sfra
2
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ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-51.
U PREVIOUS AGENDA ITEM:
Q
u
DATE:
RZ-0517 Sfra
YES
NO X
AGENDA ITEM NO.
~rY--<1f 1.1 ~?-l,-
Robin Matusick
Paralegal
3
\l..~.\'\~",- \~~.
Kenneth R. oper \ .
City Manager
"
..
ORDINANCE NO. 2005-0-51
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY 1-1 (LIGHT
INDUSTRIAL) TO CITY B-3 (HIGHWAY COMMERCIAL)
FOR PROPERTY LOCATED WEST OF U. S. HIGHWAY #1
AND SOUTH OF RELOCATION ROAD AND 4100 U.S.
HIGHWAY #1, EDGEW A TER, FLORIDA; AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TER;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
o
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Trajan Joe Sfera, Persa Sfera, Jon Sfera and Selvie Sfera, owners of property located
West ofU. S. Highway #1 and South of Relocation Road and 4100 U. S. Highway #1, Edgewater,
Florida. Subject property contains approximately 12.01 acres more or less.
2.
The owners/applicants have submitted an application for a change in zoning
o
classification from County 1-1 (Light Industrial) to City B-3 (Highway Commercial) for the property
described herein.
3. On September 14,2005, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 6 - 0, the Board
recommended that City Council consider approval of the request.
4. On November 7,2005, the City Council considered on first reading/public hearing
the proposed change in the zoning classification after publication of such hearing in the Observer
on October 27, 2005.
St. tlGk tIuotlgh passages are deleted.
Underlined passages are added.
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2005-0-51
..
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5. On December 5,2005, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on November 25, 2005, and notifying by mail all
property owners who own real property directly affected by the proposed action and all property
owners who own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW A TER,
FLORIDA.
The zoning classification for the following described property is hereby changed from
County I-I (Light Industrial) to City B-3 (Highway Commercial):
The following described real property all lying and being in the County of V olusia
Stltlck tll1otl~h passages are deleted.
Underlined passages are added.
2005-0-51
2
,
and State of Florida:
Parcel 5:
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A part of U. S. Lot 1, Section 24, Township 18 South, Range 34 East, and being
more particularly described as follows:
Commence at the N.E. comer of said Section 24, thence N 87037'43" E along the
North line of said Section 24, a distance of 3,877.35 feet to the Westerly Right-of-
Way line ofU. S. No.1, a 158 feet Right-of-Way is now laid out; thence S 22055'51"
E along said Westerly Right-of- Way a distance of 693.3 3 feet for the Point of
Beginning; thence continue along said Westerly Right-of-Way line a distance of
350.00 feet; thence S 86058'19" W a distance of265.88 feet; thence S 220255'51" E
a distance of346.56 feet; thence S 86018'56" W a distance of774.65 feet; thence N
03041'04" W a distance of 663.87 feet; thence N 86058'19" E a distance of 810.96
feet to the Point of Beginning.
Together with the right to use, for ingress and egress, a 60 foot road and utility
easement being described as follows:
Commence at the NW comer of said Section 24, Township 18 S, Range 34 E, thence
N 87037'43" E along the N line of said Section 24, a distance of3,877.35 feet to the
Westerly Right-of-Way line ofU. S. Highway No.1, a 158 feet Right-of-Way is now
laid out; thence S 22055'51" E along said Westerly Right-of-Way a distance of
661.42 feet for the Point of Beginning; thence S 86058'19" W a distance of2, 132.80
feet; thence S 02022'17" E a distance of 60 feet; thence N 86058'19" E a distance of
2,155.21 feet to the said Westerly Right-of-Way ofU. S. No.1; thence N 22055'51"
W along said Right-of-Way a distance of63.81 feet to the Point of Beginning, being
a part of Section 24, Township 18 S, Range 34 E.
o
Containing 12.01 ! acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PARTB.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW A TER, FLORIDA.
The Development Services Director is hereby authorized and directed to amend the Official
Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the
Stl nck tl.1 on~h passages are deleted.
Underlined passages are added.
2005-0-51
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above described property.
PART C.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of V olusia County, Florida.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
StlnGk tlllon~l, passages are deleted.
Underlined passages are added.
2005-0-51
4
PARTG.
ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on November 7,2005, was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
After Motion by
AYE
NAY
and Second by
the vote on the second reading/public hearing of this ordinance held on December 5, 2005, was as
follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
Stl nGk tIll cng,h passages are deleted.
Underlined passages are added.
2005-0-51
AYE
NAY
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PASSED AND DULY ADOPTED this 5th day of December, 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
Stlltc,k tIll otlgh passages are deleted.
Underlined passages are added.
2005-0-51
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 meeting held on this 5th day of
December, 2005 under Agenda Item No.
6
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AGENDA REQUEST
Date: October 18, 2005
PUBLIC HEARING
x
RESOLUTION
x
ORDINANCE
CONSENT
OTHER BUSINESS
CORRESPONDENCE
ITEM DESCRIPTION:
Resolution #2005-R-14
Approval of State of Florida Department of Transportation
Emergency Relief Agreement reimbursing the City for costs incurred
for the removal of vegetative debris generated as a result of
Hurricanes Charley, Francis and Jeanne.
BACKGROUND:
With the Hurricanes of 2004 the City incurred costs of $3,326,255 for the removal of vegetative
debris. The City has solicited reimbursement of the aforementioned costs by participating in the
FEMA Public Assistance Program. During the reimbursement process, FEMA determined what
debris was eligible for reimbursement by ownership ofthe road. FEMA records indicated that debris
generated along a portion of Park Ave., Indian River Blvd., Virginia St., Riverside Dr. and
Ridgewood Ave. to be ineligible, which amounts to $140,000.
In light of the above, The Federal Highway Administration established an Emergency Relief
Program, providing funding to the State of Florida, Department of Transportation to reimburse costs
for damage. The Emergency Relief Agreement reimburses 100% of the costs incurred by the City
and is dependent on the amount of allocation made by FHW A.
ST AFF RECOMMENDATION:
Staff respectfully recommends that Council consider approval of Resolution No. 2005-R-14
authorizing execution ofthe Emergency Relief Program Agreement with State of Florida Department
of Transportation in the amount of$140,000.
ACTION REQUESTED:
Motion to approve Resolution No. 2005-R-14.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
DATE:
YES
NO X
AGENDA ITEM NO.
('-
on C. Williams
Finance Director
Concurrence:
~~(~~--K
Robin Matuslck ~
Paralegal
~~+-< -
K eth R. Hooper
City Manager
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RESOLUTION NO. 200S-R-14
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW ATER, FLORIDA, AUTHORIZING THE MAYOR TO
EXECUTE AND DELIVER TO THE STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION AN EMERGENCY
RELIEF PROGRAM AGREEMENT; REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the State of Florida Department of Transportation and the City of Edgewater
desire to facilitate the removal of vegetative debris caused by Hurricanes Charlie, Frances and
Jeanne; and
WHEREAS, the State of Florida Department of Transportation has requested the City of
Edgewater execute and deliver the Emergency Relief Program Agreement for the aforementioned
projects: Charlie - FPN #420290-1-78-01, Frances - FPN #420290-2-78-01 and Jeanne - FPN
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#420290-3-78-01.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Edgewater, Florida:
Section 1.
Authorization. The City of Council hereby authorizes the Mayor to make,
execute and deliver to the State of Florida Department of Transportation the Emergency Relief
Program Agreement for the aforementioned projects: Charlie - FPN #420290-1-78-01, Frances _
FPN #420290-2-78-01 and Jeanne -FPN #420290-3-78-01. Said Agreements is attached hereto and
incorporated herein as Exhibit "A".
Section 2.
All resolutions or parts of resolutions in conflict herewith be and same are
hereby repealed.
Section 3.
If any portion of this resolution is for any reason held or declared to be
U unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this
200S-R-14
1
resolution. If this resolution or any provisions thereof shall be held to be inapplicable to any person,
property, or circumstances, such holding shall not affect its applicability to any other person,
property, or circumstance.
Section 4.
This resolution shall take effect upon adoption.
After Motion by
the vote on this resolution was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judith Lichter
and Second by
AYE
NAY
PASSED AND DULY ADOPTED this 7th day of November, 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
2005-R-14
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal AssistantlParalegal
Approved by the City Council during the
Council meeting held on the 7th day of
November, 2005 under Agenda Item 6_.
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Page I of4
Original Draft:
Revised:
Contract No.:
Catalog of Federal Domestic Assistance No: 20.205
Date of Execution:
Agency: City of Edgewater
Vendor No: F596000314003
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EMERGENCY RELIEF PROGRAM AGREEMENT
WHEREAS, the Federal Highway Administration (FHW A) has established an Emergency Relief
Program codified at 23 USC 9125, and
WHEREAS, the FHW A has, as a result of hurricanes Charley, Frances and Jeanne, authorized
funding to be provided to the State of Florida, Department of Transportation (FDOT), for relief
from the damage inflicted by said storms, and
WHEREAS, this Emergency Relief Program Agreement provides for emergency relief, and
WHEREAS, The City of Edgewater, herein the Local Government, has incurred certain costs
and expenses as a direct result of the following hurricanes and defined on the attached Detailed
Damage Inspection Reports (DDIR'S):
420290-1-78-01
420290-2-78-01
420290-3-78-01
$15,000.00
$75,000.00
$50,000.00
CR 79-025
FR 79-033
JE 79-038
TOTAL LUMP SUM AMOUNT
$140,000.00
WHEREAS, it has been determined that emergency repairs are necessary and that the costs and
expenses of said repairs are eligible for reimbursement up to 100%, dependent on the amount of
allocation made by FHW A.
--~,.
NOW THEREFORE,
The parties agree as follows:
1. The FDOT enters into this agreement as the administrator of the FHW A Emergency Relief
Program funds with the administration of funds being subject to the terms and conditions of 23
USC 9125 and the Program Administration Manual published by the FHW A.
2. The Local Government has been authorized by FHW A to undertake and to complete certain
emergency relief efforts associated with Federal Aid highways or roads on federal lands within
Page 2 of 4 Original Draft:
Revised:
its jurisdiction. The scope of work and services authorized by FHW A are described in the
Detailed Damage Inspection Report (DDIR), attached hereto.
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3. Subject to the terms and conditions of the Emergency Relief Program Manual at
http://www.fhwa.dot.gov/reports/erm/erm.pdf, the FDOT agrees to reimburse the Local
Government for eligible costs from the funds provided to the FDOT for said purposes. In the
event the funding. provided to the FDOT by the FHW A is insufficient to pay all eligible
emergency relief costs of all Local Governments, the FDOT shall allocate the reimbursement on
a prorata basis among all eligible claims submitted.
4. Invoices for fees and other compensation will be certified by the Local Government as being
due and eligible for reimbursement and shall be submitted in sufficient detail to allow a proper
pre and post audit thereof.
5. The FDOT agrees to reimburse the Local Government in a Lump Sum Amount of
$ 140,000.00 for actual direct costs. No reimbursement will be made for travel.
6. Participants providing goods and services to the FDOT should be aware ofthe following time
frames. Upon receipt of an invoice, the FDOT has twenty (20) working days to inspect and
approve the goods and services. The FDOT has twenty (20) days to deliver a request for
payment (voucher) to the Department of Financial Services. The twenty (20) days are measured
from the latter of the date the invoice is received or the goods or services are received, inspected
and approved.
7. If a payment is not available within forty (40) days, a separate interest penalty at a rate as 0
established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to
the invoice amount. Interest penalties of less than one dollar ($1.00) will not be endorsed unless
the LOCAL GOVERNMENT requests payment. Invoices which have to be returned to a
LOCAL GOVERNMENT because of LOCAL GOVERNMENT preparation errors will result in
a delay in the payment. The invoice payment requirements do not start until a properly
completed invoice is provided to the FDOT.
8. Vendor Ombudsman has been established within the Department of Financial Services.
The duties of this individual include acting as an advocate for Contractors/vendors who may be
contacted at (850) 410-9724 or by calling the Department of Financial Service's Hotline, 1-800-
848-3792.
9. Recipients of federal funds awarded by the Department to the LOCAL GOVERNMENT
are subject to audits as defined in OMB Circular A-B3, as revised. The circular can be obtained
at http://www.whitehouse.gov/omb/circulars/a133/a133 .html.
10. Records of costs incurred under the terms of this Agreement shall be maintained and
made available upon request to the FDOT at all times during the period of this Agreement and
for five (5) years after final payment is made. Copies of these documents and records shall be
furnished to the FDOT upon request. Records of costs incurred includes the LOCAL
GOVERNMENT'S general accounting records and project records, together with supporting 0
documents and records of the contractor and all subcontractors performing work on the project,
and all other records of the contractor and subcontractors considered necessary by the FDOT for
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Page 3 of 4 Original Draft:
Revised:
a proper audit of costs. Any discrepancies revealed by any such audit shall be resolved by a
corrected final billing from the LOCAL GOVERNMENT to the FDOT.
11. The FDOT may unilaterally cancel this Agreement for refusal by the LOCAL
GOVERNMENT to allow public access to all documents, papers, letters, or other material
subject to the provisions of Chapter 119, Florida Statues and made or received by the LOCAL
GOVERNMENT in conjunction with this Agreement.
12. In the event this Agreement is in excess of $25,000.00 (TWENTY FIVE THOUSAND
AND NO/lOO DOLLARS) or has a term for a period of more than one year, the provisions of
Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated as follows:
"The FDOT, during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in
excess of the amounts budgeted as available for expenditure during such fiscal
year. Any contract, verbal or written, made in violation of this subsection is null
and void, and no money may be paid on such contract. The FDOT shall require a
statement from the Comptroller of the FDOT that funds are available prior to
entering into any such contract or other binding commitment of funds. Nothing
herein contained shall prevent the making of contracts for periods exceeding one
year, but any contract so made shall be executory only for the value of the services
to be rendered or agreed to be paid for in succeeding fiscal years; and this
paragraph shall be incorporated verbatim in all contracts of the FDOT which are
for an amount in excess of $25,000.00 and which have a term for a period of more
than one year."
13. If applicable, agreements entered into by the Local Government for which the Local
Government seeks reimbursement under the terms of this agreement shall include the "Required
Contract Provisions, Federal-Aid Construction Contracts". The most recent version of said
provisions can be obtained at http://www.fhwa.dot.gov////programadmin/contracts/1273.htm.
The services provide under this agreement involve funding from the FHW A and the provisions
indicated on form FHWA-1273 may apply.
14. Invoices are to be mailed to:
Florida Department of Transportation
Attn: Shirley Matthews, lP A Coordinator
Mail Station 4-522
719 South Woodland Boulevard
DeLand, Florida 32720
PH: (386) 943-5452
shirley .matthews@dot.state.fl.us
Page 4 of 4
Original Draft:
Revised:
IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement 0
this day of , 2005, and the FDOT has executed this Agreement
this day of , 2005.
CITY OF EDGEW A TER
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
Name:
By:
Name: Noranne B. Downs, P.E.
Title: Director of Transportation Development
Title:
Attest:
Attest:
(SEAL)
Executive Secretary
Approved as to Form, Legality
And Execution:
Legal Review:
LOCAL GOVERNMENT Attorney
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Financial Provisions Approved by
Department Comptroller
Authorization Received From the Comptroller's
Office as to Availability of Funds:
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AGENDA REQUEST
Date: October 31, 2005
lJ
PUBLIC
HEARING
RESOLUTION
November 7,2005
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Resolution # 2005-R-15
A resolution renewing a non-exclusive cable system franchise agreement
with Bright House Networks, LLC.
BACKGROUND:
The attached franchise agreement with Bright House Networks, LLC is for a term of 15 years and is
non-exclusive. The Agreement provides the City with the opportunity to grant a similar use to other
companies or corporations during the period of this franchise agreement.
STAFF RECOMMENDATION:
Staff recommends adoption of resolution # 2005-R-15
ACTION REQUESTED
Motion to adopt resolution # 2005-R-15
'-> FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/ A
N/A
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
N/A
AGENDA ITEM NO. N/A
Respectfully submitte9'
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),.-.,.rr---c; .J -..t:-.r ~k...J
Robin Mafusick
Paralegal
~~~ "'\ t
City Manager
~~L'~
Jon Williams. ere. 1t -r;."'''Cf
- r~Ud11l;t: Dlreclur .A c <.0 v", 1-0..'" r-
'->
RESOLUTION NO. 2005-R-15
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AUTHORIZING RENEWAL OF
THE NON-EXCLUSIVE CABLE SYSTEM FRANCHISE
AGREEMENT WITH BRIGHT HOUSE NETWORKS, LLC
("BHN") FOR 15 YEARS AND AUTHORIZING EXECUTION
BY THE MAYOR; REPEALING ALL RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the initial franchise term was granted pursuant to Ordinance No. 84-0-8; and
WHEREAS, the City of Edgewater and Bright House Networks, LLC ("BHN") have
negotiated a Franchise Agreement, which is attached hereto and incorporated herein as Exhibit "A";
and
WHEREAS, the operation of a Cable System in the City of Edgewater, Florida, shall be
permitted only if the City Council of the City of Edgewater grants such franchise.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Edgewater, Florida:
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Section 1.
The Franchise presently held by BHN to operate a cable system to operate a
cable system within the corporate limits of the City of Edgewater, Florida is hereby renewed as of
November 7,2005 and ending on November 7,2020.
Section 2.
That said Franchise is non-exclusive and the City reserves the right to grant
a similar use to other companies or corporations similarly situated during the period ofthis franchise.
Section 3.
That the contractual relationship of the City of Edgewater is set forth in the
attached Franchise Agreement, which is attached hereto and incorporated herein as Exhibit "A";
Section 4.
All resolutions or parts of resolutions in conflict herewith be and same are
hereby repealed.
Section 5.
If any portion of this resolution is for any reason held or declared to be
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2005-R-15
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unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this
resolution. If this resolution or any provisions thereof shall be held to be inapplicable to any person,
property, or circumstances, such holding shall not affect its applicability to any other person,
property, or circumstance.
Section 6.
This resolution shall take effect upon adoption.
After Motion by
the vote on this resolution was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judith Lichter
and Second by
AYE
NAY
PASSED AND DULY ADOPTED this 7th day of November, 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
2005-R-15
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council during the
Council meeting held on the 7th day of
November, 2005 under Agenda Item 6_.
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FRANCHISE AGREEMENT - EXHIBIT "A"
THIS FRANCHISE AGREEMENT entered into this _ day of 2005, by and
between the CITY OF EDGEW ATER, hereinafter called "City", and BRIGHT HOUSE
NETWORKS, a Delaware limited liability company authorized to do business in the State of Florida,
hereinafter called "Grantee".
WHEREAS, pursuant to the provisions of City Resolution No. , Grantee and its
successors, are hereby granted by the CITY, a nonexclusive franchise to own, construct, operate,
maintain and expand a cable system and to sell cable services subject to the terms of this agreement.
SECTION I - DEFINITIONS
The following terms used in the Franchise shall have the following meanings:
(a) City ~ City of Edgewater.
(b) Cable System - means a facility consisting of a set of closed transmission paths and
associated signal generation, reception, and control equipment that is designed to provide cable
service which includes video programming and which is provided to multiple subscribers within a
community, but such term does not include (i) a facility that serves only to retransmit the television
signals of I or more television broadcast stations; (ii) a facility that serves subscribers without using
any public right-of-way; (iii) a facility of a common carrier which is subject in whole or in part, to
the provisions oftitle II ofthis Act, except that such facility shall be considered a cable system to the
extent such facility is used in the transmission of video programming directly to subscribers, unless
the extent of such use is solely to provide interactive on-demand services; (iv) an open video system
; or (v) any facilities of any electric utility used solely for operating its electric utility systems.
(c) Cable Services - means (i) the one-way transmission to subscribers of (A) video
programming, or (B) other programming service, and (ii) subscriber interaction, if any, which is
required for the selection or use of such video programming or other programming service.
(c) FCC - Federal CommunicationsCommission and/or any legally appointed designated or
elected agent or successor.
(d) Franchise - The non-exclusive privilege granted to Grantee by the City to construct and
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operate a cable system in the City. The Franchise is granted in conformity with all FCC regulations
and to be construed in accordance therewith.
(e) Franchisee or Grantee - Bright House Networks, LLC.
(f) Gross Revenues - shall mean all revenue derived directly or indirectly by the Company,
from or in connection with the operation of a cable system to provide cable service pursuant to this
ordinance; provided, however, all revenues shall include but not be limited to, basic subscriber
service monthly fees, pay cable fees, installation and reconnection fees, leased channel fees,
converter rentals and advertising revenues. Gross revenues shall not include any taxes on services
furnished by the Company herein imposed directly upon any subscriber or user by the state, city or
other governmental units and collected by the Company on behalf of said governmental unit, bad
debt and franchise fee on fee.
(g) Subscriber - a person who contracts to receive cable service distributed by the cable
system.
SECTION 2 - CABLE FRANCHISE REQUIRED
No cable system shall be allowed to occupy or use the streets of the City or be allowed to
operate without a cable franchise. In the event the City enters into a franchise, permit, license,
authorization, or other agreement of any kind with any other person or entity other than Grantee to
enter into the City's streets and public ways for the purpose of constructing or operating a Cable
System or providing Cable Service to any part of the service area, the material provisions thereof
shall be reasonably comparable to those contained herein, in order that one operator not be granted
an unfair competitive advantage over another, and to provide all parties equal protection under the
law. If the City grants an additional franchise on terms more favorable or less burdensome than
those contained herein, then this franchise shall be deemed amended as of the effective date of the
additional franchise to incorporate the more favorable or less burdensome terms herein.
SECTION 3 - GRANT OF FRANCHISE
This Franchise is granted under, and in compliance with all rules and regulations of the FCC,
the rules and regulations of the City and all other known rules and regulations in force and effect
during the period for which this Franchise is granted.
Subject to the terms and conditions contained herein, the City grants to Grantee the right to
construct, operate and maintain a cable system in, under, over, along, across and upon the streets,
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lanes, avenues, alleys, sidewalks, bridges, highways and other public places in the City and
subsequent additions thereto including property over which the City has an easement or right-of-way
for the purpose of providing all lawful communications services.
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SECTION 4 - POLICE POWER
In accepting this Franchise, Grantee acknowledges that its rights hereunder are subject to the
police powers of the City to adopt and enforce ordinances necessary to the safety and welfare ofthe
public; and it agrees to comply with all applicable general laws and ordinances enacted by the City
pursuant to such power, which are not inconsistent with the terms of this franchise.
SECTION 5 - FRANCHISE TERMS
The Franchise shall conform to the following terms and conditions:
(a) The term of the Franchise shall be for a period of fifteen (15) years from the date of
final passage by the City Council.
(b) The Franchise shall be non-exclusive.
( c) The Franchise is granted for the entire area ofthe City as it exists and as its borders may,
from time to time, be changed.
(d) The franchise granted herein is non-exclusive. The City specifically reserves the right to 0
grant, at any time, one or more additional franchises in accordance with State and federal law. In the
event a future franchise is granted on terms or conditions more favorable or less burdensome than
those contained herein, then the City agrees that this franchise shall be amended as of the effective
date of the future franchise to incorporate the more favorable or less burdensome term(s) or
condition(s) herein.
SECTION 6 - INSTALLATION. INDEMNIFICATION
(a) In installing, operating and maintaining equipment, cable and wires, Grantee shall avoid
all unnecessary damage and injury to trees, structures, and improvements in and along the cable
routes authorized by the City.
(b) Grantee shall indemnify and hold the City harmless at all times during the term of the
Franchise from any and all claims for injury and damage to persons or property, both real and
personal, caused by the installation, operation or maintenance of any structure, equipment, wire or
cable authorized to be installed in the public rights-of-way pursuant to the Franchise. Upon receipt of
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notice in writing from the City, Grantee shall, at its own expense, defend any action or proceeding
U against the City in which it is claimed that personal injury or property damage was caused by
activities of Grantee in the installation, operation or maintenance of its system.
(c) The City shall have the right, during the life of this Franchise, to install and maintain, free
of charge upon the poles of Grantee, any wire and pole fixtures that do not unreasonably interfere
with the operations of Grantee. The City agrees to indemnify, defend and hold Grantee harmless
from actions resulting from the City's use thereof.
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SECTION 7 - COSTS OF PUBLICA nONS
Grantee shall bear all costs of publication of legally required notices prior to any public
meeting provided for pursuant to this Franchise.
SECTION 8 - INSURANCE
Grantee shall carry insurance in companies reasonably satisfactory to the City covering
claims for injury or damage to persons or property, both real and personal, caused by the
construction, installation, operation, or maintenance of any structure, equipment, wires or cables
authorized or used pursuant to the Franchise. The amount of such insurance against liability for
bodily injury or death to persons and property damage combined shall not be less than One (1)
Million Dollars per occurrence. The amount of such insurance for liability for injury or death to
persons and property damage combined shall not be less than One (1) Million dollars in the
aggregate annually.
Grantee shall also carry automobile and Worker's Compensation Insurance as well as such
other customary insurance carried by cabled operators for protection against claims such as
defamation and other related claims common to cable systems.
Certificates of Insurance shall be filed with the City when executed, and the City shall be
notified in writing at least 30 days prior to the cancellation of any such policy.
SECTION 9 - CABLE SERVICES
Grantee shall provide one standard cable drop and outlet within 125 feet of its cable trunk
route, at no cost within the service area, to public schools, city police and fire stations and other City
public buildings or leased buildings being utilized by the City and designated in writing by the City,
excluding public housing and hospitals.
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In addition, Grantee will provide, at cost paid by the City, all design specifications,
construction, equipment and parts needed to provide service and additional outlets to the buildings
specified in this section.
The basic and standard level of service is to be provided at all such outlets without charge.
SECTION 10 - REMOVAL OF SYSTEM
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Upon termination of the period of the Franchise without right of renewal, by passage of time
or otherwise, Grantee shall, at the request of the City, forthwith remove, at its own expense, its
supporting structures, poles, transmission and distribution systems and other appurtenances from
streets, ways, lanes, alleys, parkways, bridges, highways and other public places in, over and along
(but not under) which they are installed and shall restore the areas to their original condition. If such
removal is not completed within twelve (12) months of such request from the City, the City may
perform the work at Grantee's expense or the City may claim ownership. A bond shall be furnished
by Grantee, at the time of the removal of the cable System, in an amount sufficient to cover this
expense.
SECTION 11- REPAIRS AND RESTORATION
Whenever Grantee takes up or disturbs any pavement, sidewalk of other improvement of any 0
public way or public place, the same shall be replaced and the surface restored in as good condition
as before entry, as soon as practicable. If Grantee fails to make such restoration within a reasonable
time, the City may fix a reasonable time for such restoration and repairs and shall notify Grantee in
writing of the restoration and repairs required and the time fixed for the performance thereof. Upon
failure of Grantee to comply within the time specified, the City may cause proper restoration and
repairs to be made and the expense of such work shall be paid by Grantee upon demand by the City.
SECTION 12 - TRANSPOSITION OF SIGNALS
If Grantee moves any television signals from one channel location to a different channel
location, it shall notify its subscribers consistent with Federal law and regulations.
SECTION 13 - EQUAL TIME
Grantee shall comply with the provisions of the Communications Act of 1934 as amended,
and the regulations of the FCC with respect to cablecasts by political candidates.
SECTION 14 - PERFORMANCE BOND
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Grantee shall maintain, with the City, a bond with a surety company licensed to do business
in Florida with corporate surety reasonably satisfactory to such authority in the amount of
$25,000.00. The conditions and terms of said bond shall be as follows:
1. The satisfactory operation of the cable system in accordance with the provisions of
this Franchise.
2. The indemnity of the City in accordance with the provisions of this Franchise.
3. The satisfactory removal of its system in accordance with the provisions of this
Franchise.
4. The satisfactory restoration of pavements, sidewalks and other improvements in
accordance with the provisions of this Franchise.
SECTION 15 - SERVICE INTERRUPTIONS
In the event Grantee's service to any subscriber is interrupted for twenty-four (24) or more
consecutive hours for reasons other than an Act of God or circumstances beyond the control of the
Grantee, Grantee will grant such subscriber a pro-rated credit upon request. It is the responsibility of
the customer to notify the cable operator of any service interruption and request such credit.
U SECTION 16 - PLACEMENT OF WIRES AND OTHER EQUIPMENT
(a) In all sections ofthe City where the cables, wires or other facilities of all public utilities
are placed underground, Grantee shall place its cables, wires or other like facilities underground to
the maximum extent that cost and existing technology, as determined by the City, reasonably permit
Grantee to do so. In the event that the City may, in the future, require public utilities to further place
their cables, wires or other facilities underground in areas presently served aerially, Grantee shall
also place its cables, wires or other like facilities underground at its own expense, to the extent of the
persons with facilities in the rights-of-way bear such costs.
(b) Grantee shall have authority, with the concurrence of the City, to trim trees upon and
overhanging streets, alleys, sidewalks and public ways and places of the City so as to prevent the
branches of such trees from coming in contact with the wires, cables and equipment of Grantee.
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SECTION 17 - OPERATION. SERVICE AND MAINTENANCE OF SYSTEM
(a) Grantee shall maintain and operate a modem Cable System and render efficient service
consistent with all applicable regulations to subscribers during the term of this Franchise. The
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construction, maintenance and operation of the Cable System for which this Franchise is granted
shall be done in conformance with OSHA, the National Electrical Code, the National Electrical
Safety Code and the rules and regulations of the FCC as the same exist or as same may be hereafter
changed or amended. Further, Grantee shall install and maintain its wire, cable, fixtures and other
equipment in such a manner as shall not interfere with any pre-existing installation of the City or any
public utility serving the City.
(b) All structures and all lines, equipment and corrections in, over, under and upon streets,
sidewalks, alleys and public ways and places of the City, wherever situated or located, shall at all
times be kept and maintained in a safe, suitable, substantial condition and in good order and repair.
(c) The Company shall comply with any FCC standards regarding the quality of signals
carried on the cable system.
(d) Grantee shall maintain a complete set of maps of the City. Such maps shall be updated
and revisions thereof submitted to the City on request. The maps will show the location of all streets,
wire, cables and other facilities used by Grantee located in the City.
(e) Grantee shall comply with Federal law and regulations concerning the Emergency Alert
System and City shall coordinate emergency messages with personnel of V olusia County Emergency
Management.
(f) Grantee shall comply with all FCC regulations as they now apply or as they may be
amended regarding the carriage of television signals.
(g) Grantee shall, upon the written request of any person holding a valid building moving
permit issued by the City, temporarily raise or lower its wires to permit the moving of the buildings.
Grantee shall be given not less than seven (7) business days advance notice to arrange for such
temporary wire changes. Cost for such services will be billed and paid for in advance of such service
being performed. The city will not be charged for such services if it is determined that the request
was made for a city-owned building by an authorized city representative for a city-owned project.
SECTION 18 - SYSTEM SPECIFICATIONS
In addition to the specifications expressly provided for in this Franchise, Grantee shall
construct and maintain a cable system in the City that will, at a minimum, carry signals without
material degradation in quality within the limits set forth by the FCC. The cable system shall be
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operated and maintained so as to comply with the technical standards of the FCC.
Grantee agrees that the cable system shall have a capacity of at least seventy (70) channels.
SECTION 19 - LEASED ACCESS CHANNELS
Grantee shall comply with Federal law and regulations regarding leased access channels.
SECTION 20 - GOVERNMENT ACCESS CHANNEL
Grantee shall provide, free of charge, a channel which shall be available for non-commercial
governmental programming.
SECTION 21 - SIGNAL CARRIAGE
Grantee shall carry all signals mandated by the FCC.
Grantee shall also cablecast in stereo programming which it receives in stereo.
SECTION 22 - COMPANY SERVICES
Grantee shall provide at least the following services:
A. Standard Installation
Standard installation shall consist of an aerial drop, not exceeding one hundred
twenty- five (125) feet, from a single pole attachment to the customer's residence. Drops in excess of
U one hundred twenty-five (125) feet, concealed wiring, and all underground drops shall be charged
according to Grantee's rate schedule.
R Proiect Prewiring
(1) Grantee shall provide service to prewired projects according
to the terms and conditions and at such rates as agreed with the project owner.
(2) Grantee shall prewire and approve methods and materials, supply
specifications, technical assistance, and material as agreed with the owner.
(3) Grantee shall prewire a project upon request as agreed with the owner.
C. Deposits
Grantee may require a deposit for converters, materials and services according to its rates.
D. Additional Outlets
Grantee shall provide additional outlets, as customers may request, according to its rates.
E. Transfers
When a current customer moves from one address within the franchised area to a second
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address within the franchised area and there is no lapse in service, Grantee shall transfer service
according to its rates.
F. Reconnection
Grantee shall restore service to customers wishing restoration of service provided the
customer shall first satisfy any previous obligations owed.
G. Relocation or Extension of Cable
When a current customer requests that an extension or relocation of said customer's cable
service be made, Grantee shall do so according to its rates.
H. Service Calls
Grantee shall provide cable system repair service to customer's premises to test and repair
service according to its rates.
SECTION 23 - COMPLAINTS, LOCAL OFFICE
A. Grantee shall maintain a business office at a location convenient to the Edgewater area,
with a toll-free number, and a twenty-four (24) hour answering service, which subscribers may call
without incurring added message or toll charges, so that prompt maintenance service shall be
available.
B. Upon reasonable notice, Grantee shall expeditiously investigate and resolve complaints
regarding the quality of service, equipment and malfunctions and similar matters.
C. Grantee shall, under normal operating conditions, respond to all service interruptions by
the next business day, and correct malfunctions as promptly as possible after discovery thereof. For
these purposes, Grantee shall maintain a competent staff of employees sufficient to provide adequate
and prompt service to its subscribers.
D. Upon request ofthe City, Grantee shall, within ten (10) days afterreceiving a request, send
a written report to the City, with respect to a subscriber complaint. Such a report shall provide a full
explanation of the investigations, findings and corrective steps taken.
E. Except where there exists an emergency situation or other circumstances necessitating
otherwise, Grantee may interrupt service for the purpose of repair or upgrading of the cable
communications system, only during periods of minimum use.
F. Should a subscriber have an unresolved complaint regarding cable television operations,
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the subscriber shall be entitled to file his complaint with the City, which shall have primary
responsibility for the continuing administration of the Franchise and the implementation of
complaint procedures. Grantee shall notify each new subscriber at the time of initial subscription to
the cable service of the procedures for reporting and resolving such complaints.
SECTION 24 - COMPANY RULES AND REGULATIONS
Grantee shall have the authority to promulgate such rules, regulations, terms and conditions
governing the conduct of its business as shall be reasonably necessary to enable Grantee to exercise
its rights and perform its obligations under this Franchise, and to assure an uninterrupted service to
its customers. Provided, however, that such rules, regulations, terms and conditions shall not be in
conflict with the provisions hereof or applicable State and Federal laws, rules and regulations.
SECTION 25 - COOPERA nON WITH DESIGNATED REPRESENTATIVES
Grantee agrees to cooperate with the designated representative of the City in all matters
concerning the compliance by the Company with this franchise in its operation of the cable system in
the City of Edgewater.
SECTION 26 - FRANCHISE FEE
(a) Grantee shall pay a communications services tax as required by state and local law, as
amended from time to time. The fee shall be calculated on revenue derived by Grantee from the
provision of all cable services in the franchise area, including but not limited to subscriber service
monthly fees, pay cable fees, installation fees and leased channel fees.
(b) The franchise fee shall be paid semi-annually to the City Clerk's office and Grantee shall
file and complete an accurate verified statement of all service receipts within the City during the
period for which said semiannual payment is made, and said payment shall be made to the City not
later than sixty (60) days after the expiration ofthe calendar period for which payment is due.
(c) The City shall have the right to inspect Grantee's revenue records and the right to audit
and recompute any amounts that may be determined to be payable under this franchise; provided,
however, that such audit shall take place within thirty-six (36) months following the close of each of
Grantee's fiscal years. Any additional amount agreed upon by the parties and therefore due to the
City as a result of the audit shall be paid within thirty (30) days following, written notice to Grantee
by the City, which notice shall include a copy of the audit report.
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(d) The provisions of this Section 26 and any other references to franchise fees and gross
revenues shall not be in effect so long as franchise fees are paid to the State through the
Communications Service Tax provided in the Communications Services Tax Simplification Law,
Chapter 202, Florida Statutes, or a substitute tax or fee.
SECTION 27 - AVAILABILITY OF BOOKS AND RECORDS
(a) Grantee shall fully cooperate in making available at reasonable times, and the City
shall have the right to inspect the books, records, maps, plans and other like materials of Grantee
applicable to the Edgewater City System during normal business hours and upon reasonable notice to
determine Company's compliance with the terms of this franchise; provided where volume and
convenience necessitates Grantee may require inspection to take place on Grantee's premises.
(b) The City shall maintain the confidentiality of information provided by the Company
when the Company has designated such information as confidential. In the event the City is required
by applicable law to make such information available to any other person, the City shall before
making such information available give the Company notice of the request for such information so
that the Company make take such steps as it believes necessary to prevent the disclosure of such
information.
SECTION 28 - TRANSFER AND ASSIGNMENT
The Franchise, or control thereof, shall not be transferred or assigned without the prior
written consent of the City. Such consent shall be given only after a public hearing upon a written
application therefor. The application for consent to a transfer or assignment shall be signed by
Grantee and by the proposed transferred or assignee or by their representatives, evidence of whose
authority shall be submitted with the application form. Consent shall not be unreasonably withheld.
SECTION 29 - REVOCATION OF FRANCHISE
(a) The franchise issued hereunder may, after hearing, be revoked by the City for any of
the following reasons:
(i) For material failure to file and maintain a bond or to maintain insurance as required
by this franchise.
(ii) For repeated failure to correct violations of this franchise after formal written
notice has been served upon Grantee.
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(iii) For repeated material failure to maintain signal quality under the standards
provided for by the FCC and this franchise.
(iv) For any transfer or assignment ofa franchise or control thereof without consent of
the City, as required by this franchise.
(b) The franchise may be revoked only if the Company should fail to cure the violation in
subsection (a) or to take reasonable steps to cure such violation within a period of thirty (30) days
after Company shall have been notified in writing by City of such violation. If after the thirty (30)
day period, the Company has failed to cure the violation or to take reasonable steps to cure the
violation, City may after a public hearing upon no less than 20 days notice to the Company, revoke
the Company's franchise.
SECTION 30 - PRIVACY AND RIGHT OF INFORMATION
Grantee shall comply with the provisions of Federal law regarding subscriber privacy.
SECTION 31 - EQUAL OPPORTUNITY
Grantee shall be an Equal Opportunity Employer and, comply with applicable regulations of
the FCC, with respect to Equal Employment opportunities. A copy of any Equal Employment
Q Opportunity program shall be filed with the City upon request. Grantee shall take affirmative steps to
avoid discrimination and, to the extent practicable, encourage training and employment of minority
personnel.
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SECTION 32 - FRANCHISE RENEWAL
Renewal of this franchise shall be subject to Federal law.
SECTION 33 - FRANCHISE TERRITORY
A. The Franchise is for the present territorial limits of the City of Edge water, and for any area
henceforth added thereto during the term of this Franchise. .
B. The Grantee shall be obligated to make cable service available to all dwelling units in the
City, at standard installation and service rates, subject to only the following exceptions:
1. Areas located in the City, with a density of twenty (20) dwelling units per cable
mile, shall be provided with cable television service within ninety (90) days after service is
requested, except where there are unforeseen circumstances.
2. The service may not be available at standard installation rates where there is a
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dwelling unit density of less than twenty (20tper cable mile.
Any potential subscriber(s) in an area ofless than twenty (20) dwelling units per cable mile,
may receive cable service upon payment of an installation charge equal to the actual cost per
subscriber of extending the cable plant to provide service.
C. Density per cable mile shall be computed by dividing the number of homes in the area by
the length, in miles or fractions thereof, of the total amount of aerial or underground cable necessary
to make service to the homes in such area in accordance with the Company's system design
parameters. The cable length shall be measured from the nearest point of access to the then-existing
system, provided that the extension is technically feasible from that point of access, and located
within the Public Rights-of-Way.
SECTION 34 - RIGHT OF CONDEMNATION
1
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Nothing in the Franchise shall limit any rights that the City may have under applicable law to
acquire by condemnation any property of Grantee provided, however, that any such acquisition shall
be for a cash price that values the property at fair market value.
SECTION 35 - SEVERABILITY
If any section, paragraph, term or provision of this Franchise is determined to be illegal, 0
invalid or unconstitutional by any Court of competent jurisdiction or by any State or Federal
regulatory agency having jurisdiction thereof, such determination shall have no effect on any other
section, paragraph, term or provision hereof, all of which will remain in all force and effect for the
term of the Franchise or any renewal or renewals thereof.
SECTION 36
To the extent that there is any inconsistency between a provision of this franchise agreement
and a provision of a City Ordinance it is agreed that the provision of this franchise agreement shall
control and that this franchise agreement expressly modifies any such inconsistent specific obligation
or requirement of the Ordinance, except to the extent that right of way ordinances are adopted.
SECTION 37 - FORCE MAJEURE
Prevention or delay of performance by Grantee of any obligation under this Agreement or the
Ordinance because of circumstances beyond the control ofthe Grantee, unforeseen circumstances or
Acts of God shall not be deemed noncompliant with, or in violation of, this Agreement or the
13
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...
Ordinance. To the extent Grantee's performance of any obligation is delayed by circumstances
U described in the preceding sentence, Franchisee's compliance with such obligation shall be excused
until such circumstances are removed or resolved.
SECTION 38 - MODIFICATION OR AMENDMENT
This Agreement, including all Appendices and Exhibits embodies the entire understanding
and agreement of the City and the Grantee, with respect to the matters covered by this Agreement
and supersedes all prior agreements and understandings between the City and the Grantee, with
respect to such matters. It may be amended only by a writing signed by both parties.
SECTION 39 - NO THIRD PARTY BENEFICIARIES
This franchise agreement is made between Grantee and the City and is not intended to and does
not create any rights or interests for any other party including without limitation any rights as a
third party beneficiary of this agreement.
PASSED AND DULY ADOPTED this _day of November, 2005
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
u
Susan J. Wadsworth
City Clerk
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
BRIGHT HOUSE NETWORKS, LLC
By:
Witness:
'->
14
I.A
AGENDA REQUEST
Date: October 14. 2005
u
PUBLIC
HEARING
RESOLUTIONS
ORDINANCE
BOARD
APPOINTMENT November 7. 2005 CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Jim Jollie, Chairman and Ron Hayward of the Firefighters' Pension Fund Board were re-elected
by ballot oftheir fellow firefighters.
BACKGROUND:
Jim Jollie and Ron Hayward currently holds one of the positions elected by their fellow fighters.
Membership of the Firefighters' Pension Board consists of five (5) members; two voted by the
membership, two appointed by Council, and one appointed by the other four (4) Board members.
STAFF RECOMMENDATION:
o
Approval of Chairman Jim Jollie's re-election by fellow firefighters' to the Firefighters' Pension
Fund Board.
Approval of Ron Hayward's re-election by fellow firefighters' to the Firefighters' Pension Fund
Board.
ACTION REQUESTED:
Motion to reappoint Jim Jollie and Ron Hayward to the Firefighters' Pension Fund Board.
FINANCIAL IMPACT: (FINANCE DIRECTOR
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
NA
YES
NO X
DATE:
N/A
AGENDA ITEM NO.:
(\)L~
Robin Matusi
Paralegal
VV J~
Ken Hooper I
ritv M~n~OPT
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AGENDA REQUEST
Date: _October 14. 2005
PUBLIC
HEARING
ORDINANCE
RESOLUTIONS
BOARD
APPOINTMENT November 7. 2005
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
Dr. David Vanis of the Edgewater Animal Control Board for re-election on the Animal Control
Board.
BACKGROUND:
Dr. David Vanis has requested reappointment to the Edgewater Animal Control Board.
Dr. David Vanis currently holds a position on the Edgewater Animal Control Board.
Membership of the Edgewater Animal Control Board consists of five (5) members appointed by
Council.
STAFF RECOMMENDATION:
Approval of Dr. David Vanis re-appointment by the Edgewater Animal Control Board.
ACTION REQUESTED:
Motion to reaffirm appointment of Dr. David Vanis to the Edgewater Animal Control Board.
FINANCIAL IMP ACT: (FINANCE DIRECTOR
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
NA
NO X
YES
DATE:
N/A
AGENDA ITEM NO.:
'f\J1'A
Robin Matusickl
Paralegal
VU/IA
Ken Hooper I
City Manager
ard Coordinator
Control Board
Agenda.request.fonn.rev 2/1612000
,
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September 16, 2005
City of Edgewater
Mayor Don Schmidt and Council
P.O. Box 100
Edgewater, FL 32132
Re: Reappointment to the Animal Control Board
Dear Mr. Schmidt and Council:
Please accept this letter as I wish to be reappointed to the Animal Control
Board for another term.
Sincerely,
aJ~c/~ ~
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Dr. David Vanis
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NAME
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state ~ur experience/qualifita~ions .'.
. fA,bt( L-l.-:[V ,CoUMcIL . /J1C:J11~6f7i'C
. ('.... ..' .' '., . .
Are you a registered voter? I~-..:S
..Are you employedhy the CitY?~Do you ,ho14pubilcoffice?JU e
At/the present t:ime~ dQ. you: :;;erve on anyottier Boards or coinrriittees?
(/If so, .list e~ch:
If so,
(BQAIW AND COMMITTEE MEMBERS MAY BE. REQUIRED TO FILE . WITH THE. STATE,
FINANCIAL. pISCI.<:)SUREFORMS:l!:ACH YEAR) . , .
. . PLEASE. INDI~TE BOARDS OR COMMITTEES YOU ,
WoULD LIKE TO SERVE ON AND ~THEM ACCORDING TO caOICE BY NUMBER
'3 ANI'MAr,CONTROL BOARD
~CITIZENCODE ENFORCEMENT BOARD
_____GENERAL EMPLOYEES PENSION BOARD
~LIB~RYBOARD
~RECREATION. & CULTURAL SERVICES
Ii. & ZONING BOARD
~POL~~E PENSION BOARD
_____VETE~S PARK ADV. COMMITTEE
. .
'. . .
_____CONSTRUCTION REGULATiON BOARD
_____ECONOMIC DEVELOPMENT BOARD
DATE:
(2-10-03)
3// /t2.5
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SIGNATURE
SEE REVERSE SIDE
"
THE CITY OF EDGE WATER
POST OFFICE BOX IOO-EDGEWATER, FLORIDA 32132-0100
APPLICATION FOR APPOINTMENJUlIoJ~~Q AM 8:00
BOARDS, AGENCIES OR COMMITTEES
NAME EVA (EVE) CLAY
ADDRESS J ~ J 5 RIJ 'I A L PA L M P'F('
HOME PHONE 9-J. 7 - S..353 BUSINESS PHONE
OCCUPATION f? E T J RED
Are you a resident of Edgewater YES
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How long
13 Y RS,
Is your principal place of employment in Edgewater?
if yes how long?
Briefly state your interest in serving on a City board, agency
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(BOARD, AGENCY AND COMMITTEE " MEMBE.:!&S1fMAY.t,iBE, REQUIRED
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
....,.
TO FILE
WITH
PLEASE INDICA!rJ!: BOARDS I AGENCIES OR COMMITTEES YOU'
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
-1-ANIMAL CONTROL BOARD
_CITIZEN CODE ENFORCEMENT BOARD
_CONSTRUCTION REGULATION BOARD
_ECONOMIC. DEVELOPMENT BOARD .
FIREFIGHTERS PENSION BOARD
- ~ .
SIGNATURE ~~..I ~~t
** SEE REVERS~ smE FOR LISTING BOARDS,
_GENERAL EMPLOYEES PENSIQN BOARD
_LIBRARY BOARD
_RECREATION & CULTURAL SERVICES
_PLANNING & ZONING BOARD
_POLICE PENSION BOARD
_VETERANS PARK AnV. COMMITTEE
DATE: ~ -~7-t)tJ
AGENCIES AND COMMITTEES** (REV'l-ll-OO)
o
04-05-02A10:36 RCVD
S-!-I'{( ; "MJ~.. I.~
,}-.-/ & ---(j J - ~
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APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
NAME_F- e..r'l::~ i S" co ~. ~; a.. "1-- TI I ~
Po 130)( "1..:13 tJevJ Sl"'l.{r...."'-.) PI -:3,-1,0
ADDRESS ',3-z..C6 Tro.."ei e~s '?ct.IY"\. Orl ~JJeu/a ~r, f I
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OCCUPATION .5-eu~ c-
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Are you a resident of Edgewater Y ~ 'S
long It 1eq.r-S
Is your principal place of employment in Edgewater? ~ 0 if yes how long?
Briefly state your interest in serving on a City board, agency or committee: -G o~r a..
l..e I'" "O~ 0....-1' e.coytOyM;c
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,
yovll'-~ 7el'"Son 5
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Are you a registered voter? Ye.:;
Are you employed by the City? ~ 0 Do you hold public office? ,J 0
At the present time, do you serve on any other Boards. Agencies, or committees? 'ff!! <; If so. list
each: ,\1<0 {~; a.. IJeJ-M Ot:. ( 4- k)c. b ~ C!. v-t7 J (. ( D "." #'J'\ ;-t(:"""'e~
Have you ever served on any boards, agencies, or committees? NO'f so, list each:
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
:LANIMAL CONTROL BOARD
~CITIZEN CODE ENFORCEMENT BOARD
:!.-.CONSTRUCTION REGULATION BOARD
-I-ECONOMIC DEVELOPMENT BOARD
LFIREFIGHTERS PENSION BOARD
J ~GENERAL EMPLOYEES PENSION BOARD
:f:L1BRARY BOARD
1..RECREATION & CULTURAL SERVICES
..2.PLANNING & ZONING BOARD
'-LPOLlCE PENSION BOARD
k..VETERANS PARK ADV. COMMITTEE ~. ~
Y---iu~O-3- J4ro-- ~
0/
THE CITY OF EDGEWATER
POST OFFICE BOX 1 OO-EDGEWATER, FLORIDA ,32132-0JOO
APPLICATION FOR APPOIN..mOVOr1:I&i,H:':~'5;o "
BOARDS, AGENCIES OR COMMITTEES
..
NAME~~~
ADDRESS JBlq :P~.J fLu. &V.
HOME PHONE qOt.J.-~~"'-D8B3
Q
~/J/Itf'l+'~.:1f. .32/3~
BUSINESS PHONE 9D4- 'I09-(J),tJ).,
OCCUPATION ~ ~ IJL~J(~ Pf"'::OI;4't ' ,
Are you a resident 0 dgewater ~.LIU How long 4,' yo ~.
Is your principal place of employment in Edgewater? ~
if yes how long? '
Briefly state your interest in serving on a City board, agency or
c:::~~~~~~~
s:;.:;ti~il~Y~.~:~~::'
Are you a re~istered votef;'" ",~>,:'> ii~\j" '~>~:i~'1:;'h'~
Are 'YOUemPl~yed,,'bY the cih? N.1~D.g). y6ci hold Pt1l:>).ic'of~i~e? /ut)
~~~1~~~:;e~,)~i~jiif~~~t~~$i@~~~!~~~?';lI..t~~'1~~tit~cf'e~ or
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If so, list'"each: .(,;;';,ff";:ti;:f;;;;,,,f~;;;~:!.!
"1.,), '>\::~i;I&~lir:>''!1~~
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(BOARD, AGENCY .AND COMMITTEE;~~~~>i'BE"REQUIRED TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE 'FORMs EACH YEAR)
PLl!:ASl!: nmICA!rl!: BOARDS, AGl!:Ncn:s OR COMMJ:~n::e:s YOU
WOt1LI) 'LIKl!: ~ Sl!:RW ON AND lU\Nlt ~HEM ACCORDING ~O CBOICl!: BY !WMBl!:R
~ANIMAL CONTROL BOARD
_CITIZEN CODE ENFORCEMENT BOARD
_CONSTRUCTION REGULATION BOARD
_ECONOMI~ DEVELOPMENT BOARD ,"
FIREFIGHTERS PENSION BOARD
~TURE~~~
** SEl!: lU:VERSE SIDE roR L ING J' BOARDS,
_GENERAL EMPLOYEES PENSION BOARD
_LIBRARY BOARD
_RECREATION & CULTURAL SERVICES
_PLANNING & ZONING BOARD
_POLICE PENSION BOARD
_VETERANS PARK lillV .CO~TTEE
DATE: /1-1."00
AGl!:NCIES AND COMHX~n::e:S** (~1-11-00)
o
04-05-02Al0:37 RCVD
f<.-A- ~s~ \_1
.(j IH ()~ - 011 \ \ i h+ve~
....
-.
THE CITY OF EDGE WATER
POST OFFICE BOX 100-EDGEWATER,FLOR1DA 32132-0100 '
I:
.
:.ADDRES'S
, ,
APPLICATION ,FOR APPOINTMENT TO CITY
BOARDS OR' COMMITTEES.
7)/t-fII ,(l-l2riEL-L ' , ,jmi,dUii:'22Aff"J~~a~
/~/~/1)fi;'~' -. ,.
HOME PHONE .S?!. ~ l(2 'j -I/P-~t. .. BUSINESS PHONE
OCCUPATION '~a"~~ tYe-p'</,
Are you a resident, of Edgewater yc-r, ' How long
NAME '
u
:?Pt - If.1..t. - 9/??
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Is your principal 'place of 'employment ih E:dgew~ter? ,', Ye:-.>
, if yes how long? .1 ~ -' ?(,
,Brj,efly state your int,erest in serving on, a 'City board or
COmmittee:J~' ;;:r;~'1E!) ,~", ~ ;:::;:rw~ "p EtJ4?tv~.
.:::::J: ,wa '/A L. 1)' L; ~ i!' " 70, ffE;-z.-~ ~EY -r1I1rr...:Tf}fb.. &1il' $ fr " S-,." ~ To ~IV
f11A-r Wo 1AL.1) kL. ~u , l- rJ~€ ,",~ IleLI'~':r, ;7~eerrf> :t::wn'7H1l .:2 I ~+ ~ru~.. ,
State your experience/qualifications ' 1" ;-f~. 6'WIV ...::c;..,i/I,-v~t) ..;:t:N , '
7'H~- Q~c~tr(olt/-,!leA,1- 01/&/ t:. ".::hvf)W~ry , nlZ. , s-i", Y~~~', " , " , '
Are you a registered 'voter? Ye-$
. .. I . ,
"Are you eI:Clployed'by th~' City? j1f,DOyOUh014:,P~bliC' 'Office?' '!It:>
0' 'At.Jl:e preseht. time~, dQ,' you: serve on any other Boards or c6:inrilittees?
bIf so, 11st each:
, ,
, Have you eve~ served on any boards, agencies, r corm,o,i tte~s? Ye-s If-so,
liAt, each:~ f1.~rlk'~,"- f]oA-t'l1> WJl-c -nn- at-, 1/&/SI04/
, ffo./rrt-p -. C/-r'l DF' ,lE7>W w~tL' ",' ',', ",
,(BQAAD AND coMMITTEE MEMBERS MAY BE, REQUIRED TO FILE, WITH THE STATE,
FINANCIALDISCL9S~FORM;S:E':ACH nAR)" , ,
, ,',' PLEASElNOlCATE BOARDS OR COMMl:TTEES YOU
WoULD LIKE, TO S~RW ON AND' RANK THEM ACCOROING, TO caOlCE BY NUMBER'
~ GENERAL EMPLOYEES PENSION, ~OARD
, , , ~LIB~RY' BOARD" (
~RECREATtON & CULTURAL SERVICES
'-LPLANN.ING ~ZONI~G BOARD
'--1E-POLICE ~ENStON B()~RD, ,
, / J VETERANS 'PARK ADV. COMMITTEE
-..-,_, .
D
, ~CI~IZEN'CODE ENFORCEMENT BOARD
-LcoN'STRU~TI~N REGULATI,bN BOARD
~E~ONOMICDEVEL~PM~NT' BOARb , ,
, lFIREFIGHTERS' PENs'ION 'BOARD , ' ,',
. '~
" "~"',
'SIGNATURE:' ,~~ "". ..
SEE,REVERSESIDE ,FOR BOARD M1D COMMITTEES LISTINGS
, .
" DATE:
(2-10-:-03) ,
7 ~;(I -c'{)3
0',
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NAME h(J,u c p s
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PHONE
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Are YOutkmPl,~ie:4!bY the cir~y; Ng~b~\lJ;f hold Pub;i~' Office? ,06
At th t""t . - ~_d;.l' \ (d ..,. , -', - ~ . ,- ';r.' - ",t.".,h:,:,'ce.'".,.r',-~,.....~'.,,_',:..,.:'..',~,.B".!,~,.,",~..",;:o..~'.:'~".:.'..,;""..,,:~..."..:_'~.:...".:..~.r','.-:,.'~.,..".,,:~.,',.~',d"_':;-.-':...,:.~.s'.',.'_'.."..',":..'.':,,'.."'......,..:.......,..,:.';':..~_~..A..,.'.,:'~..i_:':..'g'.'(,.,~,~.e...;..,;.,.........~..n.,',.'.'::.'-:c....~{.e.- s.'....'.,:...~,'~,.
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(BOARD, AGENCY AND COMMITTEE;~l1EMBE~~CMAy.~BE.[;REQUIRED TO FILE WITH
THE STATE, FINANCIAL DISCLOsuRi';FOR:MS'''EAcH YEAR)
PL!:ASJ: DlDICAft: BOARDS, AGENCIES OR Ca.IMI~D:ES roo
WOULD Lna: ~ SERVlI: ON AND RANK ~HEM ACCOaDIN'G ~ CHOICE ar NOMBER
1/" ANIMAL CONTROL BOARD
_GENERAL EMPLOYEES PENSION BOARD
_LIBRARY BOARD
_RECREATION & CULTURAL SERVICES
_PLANNING & ZONING BOARD
_POLICE PENSION BOARD
_VETERANS PARK ADV. CO~TTEE
. DATE: .:J.!t~/u;}....
AGENCIES AND Ca.IMI~ms** I (lUCV 1-11-00)
o
_CITIZEN CODE ENFORCEMENT BOARD
_CONSTRUCTION REGULATION BOARD
_ECONOMIC DEVELO~~ "
_FlREFIGHTE
<:::.::
SIGNATURE
U SEE REVERSE SIDE FOR LIS~IN'G or
04-0S-02A10:34. RC~~
;),,_10 -()j- ~
:.
,..-;-;..
,-
\
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THE CITY OF ED GE WATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
APPLICATION FOR APPRffiN~~g J.l~ :g;W
BOARDS, AGENCIES OR COMMITTEES
NAME ~YlI /7)(70 D'1
/
ADDRESS '33 7 S ch t:' to IJ ~ .;. /f t/ e..n r./ <-
HOME PHONE ~c:l7 - ,f'SS<j BUSINESS PHONE /l/ /1
OCCUPATION re..'!-,' ,cd
Are you a resident of Edgewater / ~.s
How long
~ 0/ e<E.. or <
/
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Is your principal place of employment in Edgewater?
if yes how long? '
Briefly state your interest in serving on a City board, agency or
committee:nr
~;:: ,
PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU
WOULD LIRE TO' SERVE ON AND RANK THEM ACCORDING TO CHOICE BY N1JMBl!:R
o
LmrrMAL CONTROL BOARD
_~CITIZEN CODE ENFORCEMENT BOARD
_____CONSTRUCTION REGULATION BOARD
_____ECONOMIC DEVELOPMENT BOARD-
FIREFIGHTERS PENSION BOARD
SIGNATURE ~~~_
** SEE REVERsE smE R LISTING I!fJ BOARDS,
_____GENERAL EMPLOY~ES PENSION BOARD
_____LIBRARy BOARD
_____RECREATION & CULTURAL SERVICES
_____PLANNING & ZONING BOARD
_____POLICE PENSION -BOARD
_____VETERANS PARK AnV. COMMITTEE
DATE:~'~-d~
AGENCIES AND COMMITTE * ( v: 1-11-00)
04-05-02A10:39 RCVD s~
If--A- M1 SS~ .. S'-t1 \ I 'I ~
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AGENDA REQUEST
Date: October 25. 2005
PUBLIC
HEARING
ORDINANCE
RESOLUTION
BOARD APPOINTMENT x
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
Re-appointment of Kat Bearsley, Thomas Tipton, and Michael Visconti to the
Recreation/Cultural Services Board.
BACKGROUND:
Mrs. Bearsley, Mr. Tipton, and Mr. Visconti's terms have expired. They have expressed their
desire to be re-appointed for another term.
STAFF RECOMMENDATION:
Re-appoint Kat Bearsley, Thomas Tipton, and Michael Visconti to the Recreation/Cultural
Services Board for a term of 3 years.
ACTION REOUESTED:
Motion to re-appoint Kat Bearsley, Thomas Tipton, and Michael Visconti to the
Recreation/Cultural Services Board for a term of 3 years.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO x
DATE:
AGENDA ITEM NO.
Respectfully submitted,
r-~iL~ t<O-u..JCLLt
Barbara Kowall
Secretary, Recreation/Cultural Services Board
LI:..1OlJt<t:. :Jt:.t<V.1 U::.~
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DATE:
TO:
FROM:
SUBJ:
,
City of Edgewater
Leisme SerVices Dept.
P.O. Box 100 Edgewater, Fl32132-0100
(386) 424-2485 Fax (386) 424-2~16
o
September 30, 2005
Mayor & City Council
Kat Bearsley, Recreation/Cultural Services Board
Board Re-appointment
My term has expired on the Recreation/Cultural Services Board. This memo expresses
my desire to be re--appointed to the Board for another 3 year term-
C'\\ c0: C\.Oh."iV\l<) 0
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-
...
DATE:
TO:
FROM:
SUBJ:
City of Edgewater
Leisure Services Dept.
P.O. Box 100 Edgewater, Fl. 32132-0100
(386) 424-2485 Fax (386) 424-2416
September 30, 2005
Mayor & City Council
T om Tipton, Recreation/Cultural Services Board
Board Re-appointment
My term has expired on the Recreation/Cultural Services Board. This m
my desire to be re-appointed to the Board for anot~.
()
()
DATE:
TO:
FROM:
SUBJ:
City of Edgewater
Leisure Services Dept.
P.O. Box 100 Edgewater, Fl. 32132-0100
(386) 424-2485 Fax (386) 424-2416
September 30, 2005
Mayor & City Council
Mike Visconti, Recreation/Cultural Services Board
Board Re-appointment
My term has expired on the Recreation/Cultural Services Board. This memo expresses
my desire to be re-appointed to the Board for another 3 year term.
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APPLICATION FOR At>POINTMENT', TO;,C;r.TY:;~.~~,.,~,~.": ..;.,<...:.,.... '.
AGENCIES' 6R"+':-c6MMITTEEs~;;~fji~";,t'<( ;'\'i':-~';~I"fY'"
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City of Edgewater
PO Box 100
Edgewater, Florida
Application for Appointment
By serving on a City Board I hope to make a difference in
the future development of the City of Edgewater. The first
priority and most important issue should be in the
economic development of this city.
As a previous owner, vice-president and secretary of DOW
Realty & Construction Co. I negotiated agreements with
families wanting to build a home to companies wanting to
do business with us.
I attended seminars given by the utilities regarding
implementation of new ideas and equipment. Also kept up
with changes in zoning and building codes.
I was involved with the campaign for a relative who served
as a representative and senator for ten years. Helping to
keep a line of communication open with his voters. I was
approached in my home town to run for state senator but
because of family obligations and being a federal employee
I declined.
o
While employed by Employee's Group Ins. Co., I was sent
to URI and received several credits in compensation law
with a grade average of A-.
I feel that the City of Edgewater must sell itself in order to
bring industry and business to Edgewater. We must lose the
image of being a city where anything goes. Residential and
business areas must be kept separate where a company is
willing to bring their CEO's here to live as well as to work.
Elizabeth B. Donahue
p;; /! If.; 03 f)~p
~rella Tree Dr.
. Edgewater, Fl32141
(904) 423 7500
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THE CITY OF EDGE WATER
. . .
POST OFFICE BOX 100-EDGEWATER,PLORIDA 32132-0100 .
'. .
. APPLICATION FOR APPOINTMENT TO CITY
BOARDS OR. COMMITTEES,
NAME. VA-II CI2I';El-L . . 'iiDiiii22MrI~J#'
. :AnDRES'S / ~'I )".' /1Jfe" ~ ....
. .
HOME PHONE 3';>'" ~ 1./2.1-I/P-rt. " BUSINESS PHONE
.OCCUPATION . ~~. '~i1? ?IFP;V.
. Are' you a resident. of Edgewater Yc-r.' How long
:?Pt - l/1.t ~ 91;71'
Disl--.2, -
/0- /P(,
O .'. ,Are you e:r:nployed'by, the'
,At.~e preseh t t;ime" do
b ,If so, list each:
'. ,
" ,
Is your principal 'place of 'employment ih Edgewater? ,:y~>
if yes how long?' ,I It:) - . ?(,
,Br~efly state:: your interest in serving on, a 'City board or
committee: ,:;:-;" ::r:~"-eD ::{;'." ~ . hrwlU" IJp E!J4G'wlP$l!.
.::::rWGL.f (.. 1)' L; ~ t5 '. 70 f-fEn.--~ ~eY' -r1-fYr.::n- Ifb... tn~ $ fr S',." Iru- To ~~
. 11/;t-r Wo /At.. 1) PrL. ~ () J- (lee' 7Z !lel-I":r,. f7t::lr?~ :J:"'Pn' '7Ha :2 I $~C'elrru~., ,
, ' State your experience/qualifications :r #A-14::', 11'a:1V Jiv.1/IL-V~1) ,;%'" . .
" 7'He.-- QNt~ ,/(OI</-!liA (I- VIM &. ".::hv ')W~ry ,nIL. 5' r Y~A?t-~', , . . .
Are you a registered 'voter? Ye-.s'
. -. , . ,
City? jI(.,poyou .holc{ ,P~blic'Ofiice? '1/ b
you: serve on any other Boards or c6irunittees?
Have you eve~serveQ on any boards, agencies, r
liAt each:: f1.~rr<<-~r- (?Q~r21>. W.4-' '111e' '0(.--/
. ifuJrn.() ~ C1T'l ~p, t:rD hE' W ~fl... "",
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cOrrWtte~s? Ye-5Iiso,
l"&vslcA/
,<B<',)AlU? AND CoMMITTEE MEMBERS MAY BE, REQUIRED TO FILE ,WITH THE STATE,
FINANCIAL ,DISCL9S~ . FORM;S~' ~CH n:AR)'., , ,
." PLEASE INDICATE BOARDS OR COMMITTEES YOU
WoULD LIKE, TO S~RvE ON ANi> , RANK THEM ACCORDING, TO CHOICE BY NUMBER.
S AN;MAr.CONTROi:. BOARD , '
.3 CITIZEN 'CODE ENFORCEMENT BOARD
~CON'STRU~TION REGULM'I.6N BO~D
~ECONOMlc:DEVELOPMENT' BOARb , , .
lFIREFIGHTERS p,ENSION' BOAR? ' .', ,
'~'h~
. '
. '. . '.. '. .
SIGNATURE' .',' ~ " ....
SEE REVERSE SIDE FOR BOARD ~D COMMITTEES LISTINGS
, .
~GENERAL EMPLOYE~S PENSION ~OARD
, _~_i_):;IBI\ARY , BOARD I'
~PL'ANNING ~'ZONING BOARD
. , ,
~POLICE PENSION BOARD
, 1/ VETERANS PARK ADV; COMMITTEE
- ,_, .
v,'
" DATE:
(2-10-:-03) ,
7- ~J -:' ()3
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.-
05-11-04 P12:45 IN
THE CITY OF EDGEWATER
. POST OFFICE BOX 100-EDGEWATER, FLORIDA 32i 32-0100
NAME {7A (/ l f)
ADDRESS I a-I
APPLICATION FOR APPOINTMENT TO CITY
::Bg~S~'..AGENCIES"OR'COMMITTEES." .
yrl,4 (L.{(. t, & 0 N A fl.-D
VA L<f A/C-( A J) fl.
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District
(Staff will suPP1y district number)
HOME PHONE
-'
BUSINESS
~'C:
~A~I.
1/ Jrf r
Is your principal place of employment in Edgewater? lvJ
if yes how long? ;;J ytfA/l-f
Briefly state your interest in serving on a City board, agency or
committee:
-Id .'
Are
-
~
. ......~ '~
~ .~
'A-t:.,~~
(BOARD, AGENCY AND COMMITTEE"MEMa~YBE REQUIRED .TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
. PLEASE INDICATE BOAl\DS,' AGENCIES OR COMMITTEES YOU'
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_ANIMAL CONTROL BOARD
_BEAYTIFICATIO~ & TR&E COMMITTEE
~CITIZEN CODE ENFORCEMENT BOARD
~CONSTRUCTION REGULATION BOARD
_GENERAL EMPLOYEES PENSION BOARD
_LIBRARY BOARD
LpAIU<S &' RECREATION BOARD
~PLANNING & ZONING BOARD
_POLICE PENSION BOARD
~ECONOMIC DEVELOPMENT BOARD
FIREFIGHTERS PENSION BOARD. _VETERANS PARK ADV. COMMITTEE
SIGNATURE f}~~ DATE: 0
** SEE REVERSE SIDE FOR.LISTING'OF.BOARDS, AGENCIES J\ND':COMMITTEES** (REV 10-30-97)
': :.:...~.. .~- ': '-;:' .
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APPLICATION FOR APPOINTMENT TO .
CITY BOARDS AND COMMITTEES
Name AI/, tlclt~ RlVOct
Address f1 (to 3. I fQVY--q Iklfe-<<AJ CJ?I A-ve
Home Phone t ~ 6' ~ '*;;{~ - c.t ~ 3 Business Phone ~ g G - tf~ ? - I (Q {fL
o ~ t> v~ (11 e,J;
Are you a registered voter? t e: g . Voting District
Are you a resident ofEdgewater? 1 e S. How long?
Occupation
f) IV lL~r
~,. ,-\f e~I^C
Is your principal place of employment in Edgewater?
yeS
If yes how long?
Briefly - yo", ;.teres! ;. se<vffig on a City boud or commitree')'i ,
9 ~/~l Ce 'f0o. T A ,e C-I ~f <fJJ -13 cXfe ~ <(e"
State your experience/qUalifiCations-l? u ~( If f'';<;- - (f) (,l At.-e,.,r ,
. . I
Are you employed by the City?-#Do you hold public office?
NO
u
At the present time, do you serve on any other Boards or committees?
Ifso, list each: cJr:- fJl ~-" IJ ~ I CtlX ;f<<,( ~fJ(~ Co II/I#f( ~e-I
Have you ever served on any boards or committees?
If so, list each:
(BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON
AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_ANIMAL CONTROL BOARD _GENERAL EMPLOYEES PENSION BOARD
~CITIZEN CODE ENFORCEMENT BOARD 2- LIBRARY BOARD
_CONSTRUCTION REG.ULATION BOARD~~~1SEmCES
-LECONOMIC DEVELOPMENT BOARD ~PLANNING & ZONING BOARD
_FIREFIGHTERS PENSION BOARD _POLICE PENSION BOARD
VETERANS PARK. ADV. COMMITTEE
Date 5 - 0 q--O 5'
Q
03-04-05A08:49 RCVD
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AGENDA REQUEST
Date: Oct. 10, 2005
I ,PUBLIC
V HEARING
RESOLUTION
ORDINANCE
,f
BOARD
APPOINTMENT
CONSENT Nav. 7. 2005
OTHER
BUSINESS_
ITEM DESCRIPTION:
Authorization to piggyback Lake County apparatus bid for the purchase of a 2,500-gallon water tanker
fire apparatus with matching grant dollars.
BACKGROUND:
The City of Edgewater was recently awarded $180,000 from the Department of Homeland Security
FY2005 Assistance to Firefighters Grant for the purchase of a 2,500-gallon water tanker fire apparatus.
It is a matching grant that was submitted last year and requires the city to provide a 10% match of
$20,000. Total cost of fire apparatus is $200,000.
STAFF RECOMMENDATION:
Staff recommends authorization to piggyback Lake County bid and execute purchase of the 2,500-
gallon water tanker fire apparatus.
ACTION REQUESTED
o Motion to authorize staff to piggyback Lake County bid and execute purchase of the 2,500-gallon
water tanker fire apparatus. /f' ~
FINANCIAL IMP ACT: (FINANCE DIRECTOR) ~ ~_ r
C?Y
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) None
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
N/A
AGENDA ITEM NO. N/A
~'t{~-b
Robin Matusick
Paralegal
Ken Hooper
City Manager
o
____Panel Review
Page 2 of8
.
U.S. Department of Homeland Security
Office for Domestic Preparedness
Washington, D.C. 20531
o
Mr. Stephen Cousins
Edgewater Fire Rescue
PO Box 100
Edgewater, Florida 32132-0100
Re: Grant No. EMW-2005-FG-20080
Dear Mr. Cousins:
Congratulations, on behalf of Office of State and Local Government Coordination and Preparedness, in
collaboration with the U.S. Fire Administration at the Federal Emergency Management Agency. Your grant
application submitted under the FY 2005 Assistance to Firefighters Grant has been approved. The approved
project costs amount to $200,000.00. The Federal share is 90 percent or $180,000.00 of the approved amount
and your share of the costs is 10 percent or $20,000.00. .
'\,
As part of your award package, you will find Grant Agreement Articles. Please make sure you read and
understand the Articles as they outline the terms and conditions of your Gr,ant award. Maintain a copy of these
documents for your official file. You establish acceptance of the Grant and Grant Agreement Articles when 0
you request and receive any of the Federal Grant funds awarded to you.
The first step in requesting your grant funds is to confirm your correct Direct Deposit Information. Please go on-
line to the AFG eGrants system at www.firegrantsupport.com and if you have not done so, complete and
submit your SF 1199A, Direct Deposit Sign-up Form. Please forward the original, completed SF 1199A, Direct
Deposit Sign-up Form, signed by your organization and the banking institution to the address below:
Department of Homeland Security
Emergency Preparedness and Response Directorate (FEMA)
. Grants Management Branch
500 C Street, SW, Room 334
Washington, DC 20472
Attn: Assistance to Firefighters Grant Program
After your SF 1199A is reviewed and you receive an email indicating the form is approved, you will be able to
request payments online. Remember, you should basically request funds when you have an immediate cash
need (i.e. you have a bill in-hand that is due within 30 days). If you have any questions or concerns regarding
the process to request your grant funds, please call 1-877 -510-6762.
Sincerely,
~"""""
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Matt A.Mayer
Acting Executive Director
Office of State and Local Government
Coordination and Preparedness
o
https://portal.fema.gov/firegrantJjsp/fire _ admin/awards/spec/view _award yackage.do?agre... 8/29/2005
"
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PROPOSAL FOR FURNISHING FIRE APPARATUS
September 27 2005
.
City of Edgewater Fire Rescue
1605 South Ridgewood Avenue
Edgewater, Florida 32132
The undersigned is prepared to manufacture for you, upon an order being placed by you, for final
acceptance by Pierce Manufacturing, Inc., at its home offIce in Appleton, Wisconsin, the apparatus and
equipment herein named and for the following prices:
One Pierce Contender-series 2500-gallon E- Tanker per the
enclosed proposal.
$ 194,069.00
This unit is being offered by accessing our existing contract
with Lake County #99-150 for Goods and Services - Fire
Appparatus, which is enclosed for your review. Per the
contract, a pricing computation summary is included on the
following page for your review.
Loose equipment per our Quote #Q108323, which is located on
the page following the pricing computation summary. $5,931.00
Total $ 200,000.00
Said apparatus and equipment are to be built and shipped in accordance with the specifications
hereto attached, delays due to strikes, war, or intentional conflict, failures to obtain chassis, materials, or
other causes beyond our control not preventing, within about 160-170 working days after receipt of this
order and the acceptance thereof at our offIce at Appleton, Wisconsin, and to be delivered to you at
the City of Edgewater Fire Rescue
1605 South Ridgewood Avenue
Edgewater. Florida 32132
The specifications herein contained shall form a part of the final contract, and are subject to
changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the
company of the order to purchase, and provided such alterations do not materially affect the cost of the
construction ofthe apparatus.
The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT)
rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFP A)
Guidelines for Automotive Fire Apparatus as published at the time of bid, except ~ modified by customer
specifications. Any increased costs incurred by first party because of future changes in'or additions to said
DOT or NFP A standards will be passed along to the customers as an addition to the price set forth above.
Unless accepted within 30 days from date, the right is reserved to withdraw this pro~osition.
By:
...
... I
CPIetce>O
CITY OF EDGEW A TER FIRE RESCUE
PIERCE CONTENDER-SERIES E-TANKER
PRICING COMPUTATION SUMMARY
PER LAKE COUNTY CONTRACT NO. 99-150
SEPTEMBER 27,2005
Apparatus Base Cost
4 % Mark -up over Base Cost
Standard Options at Cost *
10% Mark-up on Options
$153,429.00
$6,137.00
$35,912.00
$3,591.00
Factory Concession
($5,000.00)
$5,931.00
o
Loose Equipment per quote #Q 108323
Final Apparatus Price, F.O.B. Edgewater, FL $200,000.00
,
\
\
* (Cost of Options is obtained by subtracting Apparatus Base Cost from
Apparatus Cost with Options)(See enclosed Component Lists).
o
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MODIFICATION OF CONTRACT
LAKE COUNTY, FLORIDA
1. Modification No.: 13
2. Contract No.: 99-150
Effective Date: July 19, 1999
W Effective Date: May 22, 2005
3. Contracting Officer: Roseann Johnson, CPPB
5. Contractor-Name and address:
Telephone Number: (352) 343-9765
Pierce Mfg. (nc
4. Issued By:
Lake County, Florida
Procurement Services
Lake County Administration Building
315 W. Main St., Suite 416
Tavares Florida 32778-7800
6. SPECIAL INSTRUCTIONS: If indicated, contractor is required to sign Block 8 showing acceptance ,of the below written
modification and return this form to address shown in Block 4 within ten (10) days after receiot. preferably by certified
mail to ensure a system of positive receipts. Retain a photocopy of the signed copy of this modific~tion and attach to
oriqinal of contract which was oreviouslv orovided.
PO Box 2017
Appleton, WI 54913
Attn: Robert Boggus
7. DESCRIPTION OF MODIFICATION:
Extend contract through May 21, 2006, per special terms and conditions, item 4.
;.Q
8.
Cont1c r's Signature: REQUIRED
Name ~
. "~-b~
Title Director of Finance
. 9. Lake County, Florida
Date" May 10,-'2005
By:
~--t"--I_~---/lY~~~/1.Jlt-/;-C
Contracting Officer '/7
10. Distribution:
Origina/- Bid No. 99-150
Copies - Contractor
Public Safety
Contracting Officer
Ten-8 Fire Equipment lnc
'----7 /l.4.-~. c..2 'at) tJ5
Date T I
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AGENDA REQUEST
Date: October 18. 2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD APPOINTMENT
OTHER
BUSINESS
CONSENT x
ITEM DESCRIPTION:
Purchase John Deere Utility Mower and a separate set of cutting units.
BACKGROUND:
The Leisure Services Dept. uses a turf mower to maintain all ballfield turf grass. Development
of our new ballfield complex and the soon to be developed soccer complex has and will create a
burden on our current mower. Our current mower was purchased in 1992 and needs replacing
due to escalating maintenance costs to keep it operating.
STAFF RECOMMENDATION:
Staff recommends that the City of Edge water piggyback off of Orange County Contract # 02-03-
11 VH to purchase a John Deere 22653 A 3WD Utility Mower, with a separate set of cutting
units for the amount of $29,837.60 from Coastal Equipment Systems, Inc.
ACTION REQUESTED:
Motion to authorize the City Manager to piggy back off the Orange County Contract #02-03-
11 VH to purchase a John Deere 2653 A 3WD Utility Mower with a separate set of cutting units
from Coastal Equipment Systems, Inc. for the amount of$29,837.60.
FINANCIAL IMPACT: (FINANCE DIRECTOR) y:IeM is ;11
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
2 f) f) ~ /~l> 6 off{'() ye&t
b&4011ei
!~9 5'~5
,
PREVIOUS AGENDA ITEM:
YES
NO x
DATE:
AGENDA ITEM NO.
Respectfully submitted,
/'\, ~L. (/aV/&. )
c;;ck' Corder
~partment Director
Kenneth R. Hoo r
City Manager
ULI-I~-cUU~~r~!J I~;~J
r. UUI/UUI
.
IS JOHN DEERE
Coastal Equipment Systems, Inc.
John Deere Golf & Turf anD Source Dlatributor
John Deere & Kubola Consumer & Commercial Equipmont Dealer
13025 U.S. Hwy. 301-North - Tampa, 1=1. 33610
Phone; 613-621-0844 Fax: 813-621.$715
WNW.CoaslalequipmenlsystDm.com
o
October 14, 2005
Quotation/Sales Order SC1002R1
Submitted by steve Clardullo
Territory Manager
Mobile: 863-526-9116
OffIce Emall: sales@coastalequlpmentcom
CIty of Edgewater
Attn: Jack Rose
385-q24-2416 Fax
~~-ta~~">l'Wt"'l\~M!~i.t~~itlJ.f~l<lll~\lt~q~~~~;':~~~~"J?;~~~~~~R
John Deere Golf Be. Turf Equipment
~<<:B~~~\tIl~i2'wa~ltl;,._~~m-;~~~'WM~~l.~~MmY.l~~~~~_~
Orange COunty:
Contract Unit
~
$22,837.60
~
Make/Model
Description
lIstP-rlce
1 John Deere 2653A 3WD
Utility Mower
1804M
19.9 Hp John Deere Serles llO Uquld Cooled
Three Cydlnder Diesel Engine, Hydrostatic
Drive, MIC'O-Lap Backlapplng Valve, 011
Cooler, Power Steering
1330 - 30 In. BQht Blade E.S.P. Cuttlnq Units - (3) BM18437
2345 - 30 In. 3 In. Dlcimeter Spiral Grooved Front Rollers w/Spiral End CaPS - (3) BM19819
3015 - Deluxe SUSpension Seat With Annrests - TCB10673
9200 - service Kit - TCB10511
$28,547.00
0 , Set of 30" Eight Blade Cutting Units, Front Uft $7,000.00
1 separate set of Cutting $8,750.00
Units for JD 2653A Arms and Yokes for CUtting Units, 3" Diameter
(3) BM18437, BM19982, 30" Heavy Duty Machined Grooved Disc Front
BM18521, (3) BM18436, Rollers, Roller Supports and Adjusters for
BMl7n5 Rollers
Assembled, UnlnstBlled
Total Equipment Cost (I... bIxes): $29J837.601
Slgnetsuw at' Buyer: Da~:
Note 1: Purchase Order to be made out to COCIstal Equipment Systems, Ioe.
Note 2: Prices do not Include applicable taxes.
Note 3: Quotation valid through November 25, 2005.
Note 4: Pricing Is based on the cooperative purchase agreement of the Orange County COntract #02-03-11VH
which expires 27 July, 2006. State law allows any government agency In the state to buy off this c;ontract without going
to bid, as long as It does not connlct with any of their local regulations.
Note 5: To Inlttate Equipment Purchase. sign and date quote end fax to 813~621-S715.
Above IS our quotatlon fer the equIpment named, subject m the followtng conditions: The prlces and terms on thlS quotatlon are not subject
to verbal changes or other agreements unless apProIIed In writlng by the Home Office of the Seller. All quotltlons and agreements are
contingent on awllablllly of product from the manufadDrer. PrIces are based on costs and condltlons edst1I1g on date of the quotl!lon and
are subject lD change wlthout notlc:e. Typographical el1'Ors are subject to correctlon. Conditions not spedncally stalEd hell!ln shall be
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1(IJl)l)tll.
CHOOSE YOUR CUTTING WIDTH WITH THE DIESEL POWEI
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AGENDA REQUEST
CM: 2005-153
Date: November 2. 2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
OTHER
BUSINESS November 7.2005
CONSENT
ITEM DESCRIPTION:
Bidding Construction Phase Services - Work Order #2005-04 for B&H Construction, Inc. for
Airpark Road Realignment.
BACKGROUND:
The City has completed the design and permitting ofthe Airpark Road realignment. The realignment
is to allow additional industrial/aviation uses along the Massey Airport. The airport is a public
general aviation park.
'-.) STAFF RECOMMENDATION:
Approval of Work Order #2005-04 for Bidding and Construction Phase Services for an amount not
to exceed $44,234.
ACTION REQUESTED:
Motion to approve Work Order #2005-04 to B&H Consultants, Inc. for an amount not to exceed
$44,234 for Airpark Road realignment Bidding and Construction Phase Services.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO
DATE:
AGENDA ITEM NO.
Respectfully submitted,
1 '
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City Manager
I:\liz _ docs\agendarequests\airparkroadrealignment 11 0705
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WORK ORDER NO. 2005-04
AGREEMENT FOR ENGINEERING SERVICES
B & H CONSULTANTS, INC.
PROJECT:
-
Air Park Road Realignment & Utility Project
CITY:
Edgewater, Florida
CONTRACTED
PROFESSIONAL: B & H Consultants, Inc.
Execution of Work Order Number 2005-04 by the City, shall serve as authorization for
Engineer to provide professional services for the above project.
RESPONSIBILITY OF THE ENGINEER:
Engineer shall provide said professional services pursuant to this Work Order, to perform the
professional services as listed in the attached Proposal for the Air Park Road Realignment and Utility
o
Project (provide design, permitting, contract administration and inspection services, etc ) (attached
hereto and incorporated herein as Attachment "A").
TIME FOR COMPLETION:
The professional services authorized by this Work Order shall be completed within eighteen
months from date of execution.
COMPENSATION:
The total fee for these services will not exceed an amount of forty-one thousand seven
hundred thirty-four and nolI 00 dollars ($41,734.00). Reimbursable costs (postage, copies, mileage,
etc.) will not exceed an additional amount of twenty-five hundred and noll 00 dollars ($2,500.00),
bringing the total to an amount not to exceed forty-four thousand two hundred thirty-four and noll 00
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(Agreement/Engineering Services - B&H-Work Order#2005-04)
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dollars ($44,234.00). Each invoice shall also be accompanied by a written concurrence from the
Director of Environmental Services.
Dated:
WITNESSES:
(Agreement/Engineering Services - B&H-Work Order#2005-04)
2
CITY OF EDGEW A TER, FLORIDA
By:
Kenneth R. Hooper
City Manager
B & H CONSULTANTS, INC.
By:
James W. Shira, P.E.
Vice-President
Dated:
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October 26, 2005
. Mr. Ken Hooper, City Manager
City of Edgewater
P. O. Box 100
Edgewater, FL 32132-0100
Re: Proposal for Air Park Road Realignment Project
Dear Mr. Hooper,
As requested, enclosed please find our proposal for engineering and inspection services
related to the proposed Air Park Road roadway and utility construction project.
We are available to begin work on this project immediately, and have already discussed
potential advertisement and bid opening schedules with Ms. Malecia Williams.
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If you have any questions regarding this proposal, please do not hesitate to call.
We look forward to working with you and your staff on this project.
Sincerely,
B&H Consultants, Inc.
1-- 0.~
James W. Shira, P.E.
Vice President
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827 U7. Montrose Street · RD. Box 121566. Clermont, Florida 34712-1566
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Professional Services Proposal for the City of Edgewater
Air Park Road Realignment and Utility Project
October 26, 2005
The City of Edgewater has requested a proposal from B&H Consultants, Inc. (B&H) for design
and construction inspection services related to realignment of approximately 4,500 feet of Air
Park Road and installation of water and wastewater utilities. The services proposed by B&H in
order to accomplish this project include surveying, engineering, and construction administration.
I. Project Description
The Air Park Road Realignment and Utility Project consists of realignment and paving of
approximately 4500 feet of Air Park Rd. between Park Avenue and SR 442, and construction of
associated stormwater management facilities (the Roadway Project). In addition, the City intends
to construct potable water mains and appurtenances and wastewater collection and transmission
system components (the Utility Project) within the limits of the Roadway Project. These projects
will be referred to collectively as the Air Park Road Realignment Project.
The City has previously contracted with Honeycutt & Associates, Inc. for design of the Roadway
Project, and Honeycutt has provided completed Roadway Project construction drawings (signed
& sealed on September 21,2005) to the City. Honeycutt also applied for, and received a
stormwater management permit from the St Johns River Water Management District based on
the Roadway Project construction drawings (SJRWMD Permit # 4-127-84659-1).
II.
Scope of Services
B&H proposes to provide design, permitting, contract administration and inspection services in
accordance with the attached "Proposed Scope and Fees for Edgewater Air Park Road
Realignment Project" and as further described below.
Roadwav Proiect
B&H will prepare contract documents and technical specifications for the Roadway Project based
on the Honeycutt drawings. B&H will assist the City with bidding and bid evaluation for the
Roadway Project, and will provide contract administration, construction inspection and project
closeout services.
Utilitv Proiect
B&H will obtain a site survey to locate existing utilities in the project area in order to allow
connection of proposed utilities to the existing water and wastewater system.
B&H will prepare and submit applicable water and wastewater utility permit applications and will
prepare plans and specifications for the water and wastewater facilities to be constructed.
B&H will provide on-site inspection of the site improvements to ensure that the Air Park Road
Realignment Project is built in general compliance with the plans and specifications, and will
review pay requests, shop drawings and other correspondence to ensure that the intent of the
project is met.
-.
Upon completion of all work on the Air Park Road Realignment Project, B&H will schedule a fir("'l
inspection of the Project and will prepare a punch list of any deficiencies noted. B&H will provid~
one additional inspection after any punch list items have been corrected by the contractor, and
upon completion of all punch list items, B&H will prepare a letter of recommendation to the City
regarding the acceptability of the completed project.
III. Fees
B&H proposes to provide the services described above and more fully described in the attached
"Proposed Scope and Fees for Edgewater Air Park Road Realignment Project" for a not-to-
exceed fee of $41,734.00.
Additional charges for reimbursable costs (postage, copies, mileage, etc.) will be invoiced as
they are incurred. Reimbursable costs are not expected to exceed $2,500.00.
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Proposed Scope and Fees for Edgewater Air Park Road Realignment Project
10/26/2005
I A B E F G H I J
1"1 DETAILED SCOPE OF SERVICES
l 1
- 3 Service Description Proi. Associa te CADD Clerical Construction Sub Amount
4 Mgr. Engineer Tech. Inspector Consultant
6 (Fee)
7 ROAD PROJECT
8 Meetings with city staff, airport operator 3.0 $270.00
9 Finalize quantity takeoff 3.0 4.0 1.0 $475.00
10 Prepare opinion of project cost 2.0 4.0 $360.00
11 Prepare project manual 6.0 6.0 8.0 $1,010.00
12 (Contract documents and technical specifications)
13 Bid phase services 8.0 2.0 $770.00
14 Open and evaluate bids 8.0 2.0 $770.00
15 Recommendation of award 2.0 3.0 $255.00
16 PreparelUpdate schedule for FDOT TOP grant 3.0 6.0 2.0 $590.00
17 Prepare for Pre-construction meeting 4.0 2.0 3.0 $525.00
18 Pre-Construction meeting 2.0 2.0 $230.00
19 Prepare SIR WMD reports 4.0 2.0 $410.00
20 (Commencement and Completion)
21 Shop drawing review 2.0 4.0 4.0 $460.00
22 Project closeout 6.0 4.0 6.0 $870.00
23 Prepare record drawings. 2.0 4.0 8.0 $760.00
24 · From Contractor's Record Drawings
25 Subtotal Road Project 55.0 34.0 8.0 35.0 0.0 0.0 S7,755.00
26
27 UTILITY PROJECT
28 Utility Tie-in Survey $4,500.00 $4,500.00
29 Prepare water/wastewater plan sheets 6.0 3.0 16.0 $1,475.00
~O (Cover, 2 overall, 5 plan/profile, 2 detail) $0.00
\ Prepare / submit water permit application 4.0 6.0 2.0 $680.00
rf2 Prepare / submit wastewater permit application 4.0 6.0 2.0 $680.00
33 Prepare quantity takeoff 1.0 2.0 1.0 $205.00
34 Prepare opinion of project cost 2.0 4.0 $360.00
35 Prepare specifications 4.0 4.0 4.0 $640.00
36 Issue, evaluate, recommend utility change order 4.0 3.0 $435.00
37 Shop drawing review 2.0 4.0 4.0 $460.00
38 Project closeout 2.0 2.0 2.0 $320.00
39 Prepare certification to FDEP, VCDOH 4.0 2.0 2.0 $500.00
40 Prepare record drawings. 2.0 2.0 6.0 $570.00
41 · From Contractor's Record Drawings
42 Subtotal Utility Project 35.0 35.0 22.0 20.0 0.0 S4,500.00 SI0,825.00
43
44 CONSTRUCTION INSPECTION
45 Bidding & A ward Services 6.0 $306.00
46 Shop drawing review 8.0 $408.00
47 Construction inspection 432.0 $22,032.00
48 Prepare record drawings. 8.0 $408.00
49 · From Contractor's Record Drawings
50 Subtotal - Construction Inspection 0.0 0.0 0.0 0.0 454.0 SO.OO $23,154.00
51
52
53 Estimated Reimbursable Expenses $2,500.00
54
55 Total $44,234.00
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Page 1 of 1
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PUBLIC
HEARING
BOARD
APPOINTMENT
ITEM DESCRIPTION:
BACKGROUND:
STAFF RECOMMENDATION:
ACTION REOUESTED:
q~.
AGENDA REQUEST
Date: 10/27/05
RESOLUTION
ORDINANCE
CONSENT
OTHER
BUSINESS
xx
Proposal for Engineering Services Southeast Service Area Water
and Reclaimed Water Ground Storage/Pump Station
The City of Edgewater is purchasing the property from Volusia
County that was the site of the Hacienda Del Rio Water
Treatment Plant. The City plans to construct a potable water
ground storage tank with the associated high service pumping
components, a reclaimed water ground storage tank with the
associated high service pumping, and an animal shelter facility
complete with all associated site work improvements. Quentin L.
Hampton Associates, Inc. has performed the water and
wastewater (including reclaimed water) master plans to
accommodate the projected growth along the U.S. # 1 corridor
from Roberts Road south to the Oak Hill City limits. The
engineering tasks covered in the attached proposal include the
foHowing:
Task 1 - Preliminary Design
Task 2 - Final Design and Permitting
Task 3 - Bidding Phase
Quentin L. Hampton Associates, Inc. proposes to perform the
fore-mentioned services for a total estimated fee of$228,145.00.
Estimated construction costs for the project excluding the animal
shelter building is $3,905,000. The architectural costs for the
animal shelter are not included in this proposal.
Staff recommends approving the proposal for engineering services
from Quentin L. Hampton Associates, Inc. for the Southeast
Service Area and Reclaimed Water Ground Storage/Pump Station
Project.
A motion to approve engineering work order 2005-01 to Quentin
L. Hampton Associates, Inc. for engineering services related to
the Southeast Service Area Water and Reclaimed Water Ground
Storage/Pump Station Project at an estimated cost of
$228,145.00, and authorizing the City Manager to execute the
work order on behalf of the City.
,
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
DATE:
AGENDA ITEM NO.
Respectfully submitted,
.~ 1\~1\~~
De~ector
C:\MyDociments\TerrysFiles\AgendaRequest
NO
~c; ~~~:"'J<
Robin Matusick, Paralegal \
~ ~\\~Q
Kenneth R. Hooper
City Manager
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P.O.
P.R. 2098
WORK ORDER NO. 2005-01
AGREEMENT FOR ENGINEERING SERVICES
QUENTIN L. HAMPTON ASSOCIATES, INC.
PROJECT:
Southeast Service Area Water & Reclaimed Water Ground Storage/Pump
Station
CITY:
Edgewater, Florida
CONTRACTED
PROFESSIONAL:
Quentin L. Hampton Associates, Inc.
Execution of Work Order Number 2005-01 by the City, shall serve as authorization for
Engineer to provide professional services for the above project.
RESPONSIBILITY OF THE ENGINEER:
Engineer shall provide said professional services pursuant to this Work Order, to perform the
professional services as listed in the attached Proposal for the Southeast Service Area Water and
Reclaimed Water Ground Storage/Pump Station Project (attached hereto and incorporated herein as
Attachment "A").
TIME FOR COMPLETION:
The professional services authorized by this Work Order shall be completed within ninety
(90) days from date of execution of this Work Order.
COMPENSATION:
The total fee for these services will not exceed an amount of two hundred twenty-eight
thousand one hundred forty-five and noll 00 dollars ($228,145.00). Each invoice shall also be
accompanied by a written concurrence from the Director of Environmental Services.
(AgreementlEngineering Services - QuentinHampton- Work Order#2005-0 1)
I
CITY OF EDGEW A TER, FLORIDA
Dated:
By:
Kenneth R. Hooper
City Manager
WITNESSES:
QUENTIN L. HAMPTON ASSOCIATES,
INC.
By:
Mark A. Hampton, P.E.
Vice-President
Dated:
(AgreementJEngineering Services - QuentinHampton-Work Order#2005-01)
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RICHARD W. FERNANDEZ. P.E.
MARK A. HAMPTON. P.E.
BRAD T. BlAIS. P.E.
DAVID A. KING. P.E.
ANDREW M. GIANNINI. P.E.
Quentin L. Hampton AssOCiates, Inc.
Consulting. Engineers
P.O. DRAWER 290247
. PORT ORANGE. FLORIDA 32129-0247
lELEPHONE
386/761-6810
FAX 11386/761-3977
Email: qIha@qlha.com
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October 14, 2005
Terry Wadsworth
Director of Environmental Services
City of Edgewater
P.O. Box 100
Ed~ewater, FL32132-0100
. . .
RE: SOUTHEAST SERVICE AREA WATER AND RECLAIMED WATER
GROUND STORAGE/PUMP STATION
PROPOSAL FOR ENGINEERING SERVICES
Dear Mr. Wadsworth:
. .
. . .'
We appreciate the opportunity to offer this proposal for the above referencoo project. Quentin L. Hampton
Associates, Inc. (QLH) is well qualified to provide the City with these services. Our firm has. completed
. m~y ofthese types of projects overt he last.s.~veral years.
\.)
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We have designed numerous water and reclaimed water ground storage and pump station facilities. We are
'. veryfainiliar with the project goals due to our efforts for the City and Volusia County regarding the water
and wastewater planiringfor this area. Lastly, we are very familiar with the ground storage/pump station site
due to the fact that we were the design engineers for the decommissioned water treatment plant.
The attached Scope ofServ~ces describes in detail the services which we understand is required and intend to .
provide foIthis proj ect. The Fee Proposal is also' attached and is in conformance with the payment schedule
in our continuing services agreement. Construction Phase services are to be included in a future separate
'proposal. An.estimated construction cost is also attached.
. .
. .
We look forward to the opportunity to serve the City of Edge water on this project. If you have any questions
or require further information, please contact me. .
David A. King, P .E.
Project Manager
DAK/BTB:mt
Enclosures: Scope of Services and Fee.Proposal
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cc: QLH File Array
EW49 Proposal Cover
SCOPE OF SERVICES AND FEE PROPOSAL
SOUTHEAST SERVICE AREA WATER AND RECLAIMED WATER
GROUND STORAGE/PUMP STATION
CITY OF EDGEWATER, FLORIDA
PROPOSAL FOR ENGINEERING SERVICES 0
GENERAL
This Scope of Services and Fee Proposal is in conformance with the Continuing SerVices Agreement
between the City of Edge water (City) and Quentin L. Hampton Associates, Inc (QLH) that was executed in
October 2005.
TASK 1 - PRELIMINARY DESIGN PHASE
During this phase, QLH shall evaluate alternate site layouts for the ground storage and pump station site.
QLH shall also allow/plan for a future Humane Society facility on the site. The evaluations will be
submitted to the City for review and comment in a preliminary design report letter. Upon selection of
preferred alternative by the City, QLH shall proceed with Final Design.
TASK 2 - FINAL DESIGN PHASE
Basis of Design: QLH shall prepare final design documents for the proposed water and reclaimed water
ground storage and pump station site. Documents shall include civil, structural, mechanical, electrical, and .
instrumentation efforts. The site plan shall include a future humane society building which is to be designed
by others. See Estimated Fees section for the description of sub-consultant work which is included in this
proposal.
The site survey shall be completed by others and is not included in this proposal. The entry road which WiJO.
be shared with the adjacent hospital development will also be provided by others. .
If so desired by the City, QLH shall complete the necessary design work to equip and connect the existing
water wells to convert them to reclaimed water augmentation wells. Consumptive Use Permitting of these
new wells will be required.
The site construction will be designed in a manner to allow the temporary use ofthe existing building during
the construction of the new facilities. .
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Coordination: Upon notice to proceed, QLH \\Till coordinate a kickoff meeting with City staff. QLfI. Will:~;!:;'l~
deliver four copies each of the 60% and 90% plans/specifications to the City for review and then coordmate "H "':(~~~
meetings with City staff to discuss each review, as necessary. QLH will coordinate all activities by our ,'.:
sub consultants.
Permitting: QLH will apply for the following permits at or prior to the 90% complete phase:
. Volusia County Health Department Water Facility Permit
. City of Edgewater Site Plan
. SJRWMD Environmental Resource (stormwater) Permit
. FDEP WWTP Operating Permit Modification .
A $1,500 permit application fee allowance is included.
Exclusions: This proposal does not include any effort related to zoning modification, annexatioo
comprehensive plan amendments, title search services, and easement/land acquisition.
EW49 Proposal
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TASK 3 - BIDDING PHASE
Contract Documents: QLH will prepare complete contract documents including construction plans; general
and technical specifications; and bidding/contract documents (per City standard documents). QUI will also
prepare a revised construction cost estimate along with this work.
Advertisement: QLH will assist the City in the advertisement for bids. QLH will distribute copies of the
project documents to bidders, answer questions from bidders, issue addendums as necessary, attend pre-bid
conference and attend the bid opening.
Bid Evaluation: QLH will evaluate all submitted bids for accuracy/completeness and prepare a bid
tabulation. The qualifications ofthe low bidder(s) will be evaluated. This work also includes the evaluation
of any alternate bid work or materials. QLH will deliver the bid tabulation and a Recommendation of Award
letter to the City.
TASK 4 - CONSTRUCTION PHASE
QLH will propose construction phase services under a future, separate proposal.
Estimated Fees: QLH will complete tasks 1,2, and 3 for the following fees:
'~"MG~I!:li.'if~:'$.~3i.e.n'4.r~w~n!la:~.~,i)lt~~='~'~'::wr~~'11~~Y-~~~%.~
- ~ W d. ... .. - ..
LTas~ !_:- Preliminary ~esign (L~_II!P Sum) .,....,... ....Jt . ~~~450 j
..' Y"A." -'-Y..' . .
l Task 2 - Final Design/Per~tting (lume sum) - .. J!. . ,. -...,...- $215,720 i
I Survey (by others): $0 1\ I
_.. - i
I Geotechnical: $10,800 JL_ J
I Civil: $29,960 ~L ,
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,
.. .._. """......... _. -- - - -'
LArchitectirral: $23,200 JL i
-- - - ..._- ---' -~~_._~.... -'......,-" ,~.~... ~
.1 Structural: $21,580 IL J
- --- ... .
I Electrical: ~27,500 Il_ l
. .. - - .. - ._.w_.......'_.____. ....y..._.......,.v._.,..-.._____"..........,.'.,.~_ .....__............1
I Mechanical/HV AC: $29,300 ......._.... ..........J L...,............. . . .. . ~
-.. ,.-~ .....~ _ _.""".._. ..___Au_ .. ,"--'
L Instrumenta~~on: $23,800 - .J L.._..,_...._.___ "_'W" ......... ... ~"_''''''__''A'A~. ,,~.',,__"_'A'
A~".~
I VCHD Permitting: $12,600 ~I ,
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-"".._-,- -~-,""-"",_...__.---. . &__._~ .-'
I City of Edgewater Perm~tting: $8,400 II .
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,LYDEP Permitting: $17,800 IL ,- ... .. ".......---~~- ... ..J
I SJR WMD..~ermitting: $8,280 --.JL !
- . . .. _....~._-, -,-",~.~ ~,._,w "._~._~.
,l Permit Fee Allowance: II ..
$1,500 . --, --.J
[yrinting Allowance: $1,000 JL.., ,
I
- - .._._-~.... ..- .. '.^__A...~_.._._ ... - ... ._,,- ........_........... ........ .......J
l1'ask 3_ - Biddi~~_.._,__._....._..._..._._..._.... __ '......... ......,.. J L .~~.~~?~ ;
., ....~..."~...,.. .......-,.... ".., .. ....
II :::~:~;~:~:~.i~:~~~ .u....._~...ujL. . . ............ ,.~...._.,....^.... ... h_ ......................... ....
,
~ _. ..... . __.._.. _.. _. _. ._.__. _ __......_..,J_.....__ c,.. , i
~m.....~._.. ...__...._...~"'_.~_. .....,._..._..~..w..~ _.~.., .-
11...."._.. ._ .__._"'..._.__.__ TOTAfESTIMATED FEES II . __~ __J228,145 .
.
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Design fees equal 5.84% of estimated construction costs of$3,905,000.
EW49 Proposal
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AGENDA REQUEST
Date: October 14.2005
PUBLIC
HEARING
RESOLUTION ORDINANCE
CONSENT
OTHER
BUSINESS X
ITEM DESCRIPTION/SUBJECT:
Attached is a letter from SCORE requesting a funding for 2005/2006 in the amount of $1 ,500.00.
I have attached a copy of the (2005/2006) Council's promotional account information showing
that $6,000.00 was budgeted in that line item. Please note that $75.00 has already been
committed for a retirement plaque, leaving a balance of $5,925.00. Last year 2004/2005 City
Council funded SCORE'S request for the same amount $ 1,500.00.
STAFF RECOMMENDATION:
Council decision
U AlCTION REQUIRED:
Council decision
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FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(Specify if budget amendment is required)
PREVIOUS AGENDA ITEM
YES
NO~
DATE:
AGENDA ITEM NO.
:Z:7~
Susan J. Wadsworth, CMC
City Clerk
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~hn'11 ~oper
City Manager
SCORE Counselors to America's Small Business
Chapter 87, Southeast V olusia Branch
115 Canal Street
New Smyrna Beach, FL 32168
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<ktober 10, 2005
Ken Hooper, City Manager
Edgewater City Hall
104 N. Riverside Drive
Edgewater, FL 32132
Subject: Approved Funding for SCORE
Dear Mr. Hooper:
We thank the City of Edgewater for the approval of our funding request, in the
amount of $1500. This will enable us to continue our program to counsel entrepreneurs,
as well as those currently in business, to be successful in our community.
We request that this amount be released in the form of a check made out to:
SCORE BRANCH 87 and mailed to:
Southeast V olusia SCORE Branch 87
c/o Southeast V olusia Chamber of Commerce
115 Canal Street
New Smyrna Beach, FL 32168
c/o Joe Joseph
Thank you, Ken, And to Mayor Schmidt, and the Council Persons who joined in
approving this request for SCORE. We will continue to support the economic
development opportunities forEdgewater, and in other ways you deem appropriate.
cc: Mayor Donald Schmidt
Council Persons:
James Brown
Judith Lichter
Harriet Rhodes
Dennis Vincenzi
Ray Smith - Holly Hill
Russell Nicastro -Holly Hill
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j" 01-1100-511.48-10 . Project Data
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! -1.Il Detail by code !: Fiscal :rear 200'
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Detail by year & p ~~ Budget 6,000.00
! -1.Il Pending by dale i1: COIIIlI1 tted 15.00
l-1jJ Pending by code ;~ Q. Ba1ance 5,925.00
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Group number:
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Posting date:
334 PI RECEIPTS
0112005
01/0712005
Transaction Informatfon
Transaction date:
Invoice number:
Account number:
Project number:
Amount:
LiquIdated amount:
Discount amount:
Net transaction amount:
Voucher number:
Vendor number:
Description 1:
Descriptfon 2:
Transaction type code:
1 G'1412004
SCORE101404
1-1900-513.48-10 PROMOTIONAL ACTIVITIES
1,500.00
1,500.00 Last voucher
.00 Retainage amount: .00
1,500.00
Plt071 PO number: 000533
1758 SCORE-COUNSELORS TO AMERICA'S SMALL
FUNDING FOR SCORE
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AGENDA REQUEST
Date: October 26. 2005
PUBLIC
HEARING
RESOLUTION ORDINANCE
CONSENT
OTHER
BUSINESS X
ITEM DESCRIPTION/SUBJECT:
Attached is a letter from Thomas C. Meeks requesting a donation. I have attached a copy of the
(2005/2006) Council's promotional account information showing that $6,000.00 was budgeted
in that line item. Please note that $75.00 has already been committed for a retirement plaque,
leaving a balance of $5,925.00. in promotional activities.
STAFF RECOMMENDATION:
Council decision
ACTION REQUIRED:
Council decision
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(Specify ifbudget amendment is required)
PREVIOUS AGENDA ITEM
YES
NO~
DATE:
AGENDA ITEM NO.
Respectfi y-Submitted,
Concurrence:
V'"1vv,~,:& Q \,~~ ~ T....
Kenneth R Hoope~ \
City Manager
..
Thomas C. Meeks
3423 Vista Palm Drive
Edgewater, FL 32141
Home (386) 427-3293
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My name is Thomas Meeks, I am a seventh grade student at New S"myrna
Beach Middle School. I'm writing to you today to tell you about an exciting
program ........ The People To People Student Ambassador program.
The People to People program was started in 1956 by President Dwight D.
Eisenhower. He believed that world peace could be promoted and achieved
by learning about and experiencing other cultures. That is what People to
People is all about.
Students nominated to the program go through a selection process that involves letters of
recommendation and evaluation interviews". Ambassadors are chosen for their academic skills,
level of maturity, and involvement in their community. I was fortunate enough to be one of the 20
middle school students from Central Florida that were asked to become a student ambassador.
My delegation will be traveling to Europe. I will be spending 20 days next summer in England,
France, and Italy. I will have the opportunity to speak with members of government in these
countries, learn about their customs and cultures, and even stay with,host families who live there.
It is an honor to be chosen to represent my country and my community overseas. As you can 0
imagine, I am very excited and I am looking forward to learning lots of new things on an
international level. When I get back home, I am going to share everything I've learned with others
in my school and community.
My travel expenses for this trip is are $5,253.00. That amount includes everything but personal
spending money. Some of that I can earn myself mowing yards and doing odd jobs. My family
and I are planning on doing some fund raisers, however, I will also need the support of people
and businesses in the community. Would you consider becoming a sponsor for me for this trip?
Any donation you can make would be helpful and much appreciated. Checks need to be made
payable to People To People and have my student ambassador number on it, 745941, so that
your donation gets credited toward my tuition account. Please send your donation in the enclosed
self addressed envelope. Thank you for your support.
If you would like more information on the People to People program, they do have a website at
www.studentambassadors.orQ. When I get back from my trip, I plan on sharing my experiences
and photos with everyone at my school and all the people who worked together to help get me
there. I really do believ~ in President Eisenhower's dream. World peace is possible with a little
understanding and acceptance when everyone is willing to work together. Again, I appreciate
any support you may give me.
Sincerely,
.()~~
Thomas C. Meeks
Student Ambassador
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The Adventure of a Lifetime
Each year, thousands of young achievers explore the world as People to People Student
Ambassadors, fulfilling the vision of our nation s 34th president, Dwight 0, Eisenhower
He founded People to People back in 1956 because he believed that young people and
one-to-one cooperation were the keys to global understanding,
Living the adventure
Climbing the Eiffel Tower for a drnmatic view of Paris, feeding
dolphins at a research center in the South Pacific, or catching the
breeze while cruising past the Sydney Opera House - these are
just a few of the experiences Student Ambassadors share,
Seeing the world from a different angle
Student Ambassadors spend two to three weeks exploring
such fascinating places as Australia, Europe and Asia, all
from a cultural, educational and social viewpoint.
An Ambassador may even stay with a family for a few days,
eating with them, taking part in their daily activities and learning
about life and customs in their part of the world.
The global classroom
Student Ambassadors have more fun learning about our
world than they ever dreamed possible. They can even
earn high school or college credit for their efforts.
I
Making friends for a lifetime
People to People Student Ambassadors are diverse individuals.
But they are eager to learn and enjoy working with others.
:.('c'Hn rnore about Stuclent /-\rnhd"sacloi PrOSjc,lfTl(,
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AGENDA REQUEST
Date: October 26. 2005
PUBLIC
HEARING
RESOLUTION ORDINANCE
CONSENT
OTHER
BUSINESS X
ITEM DESCRIPTION/SUBJECT:
Attached is a letter from Project Graduation-New Smyrna Beach High School requesting a
donation. (FY200l/2002) Council donated $500.00 (FY2003/2004) Council donated $600.00
(FY2004/2005) No donation was made. I have attached a copy of the (2005/2006) Council's
promotional account information showing that $6,000.00 was budgeted in that line item. Please
note that $75.00 has already been committed for a retirement plaque, leaving a balance of
$5,925.00. in promotional activities.
STAFF RECOMMENDATION:
Council decision
ACTION REQUIRED:
Council decision
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(Specify if budget amendment is required)
PREVIOUS AGENDA ITEM
YES
NO~
DATE:
AGENDA ITEM NO.
Respec~~ed,
// c" / A..--
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Susan J. Wadsworth, CMC
City Clerk
Concurrence:
\(~&Q_\\o~\c.-~J D"
Kenneth R. Hooper ~
City Manager
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PROJECT GRADUATION
New Smyrna Beach High School
t Class of 2006
~
REceIVED 'V
GCT 2 b Z005
CITY MANAGER ()
Dear Southeast Volusia Chamber Member:
We are celebrating 20 years ofP;ROJECT GRADUATION. May 20,2006 is a milestone, not
only in the lives of the seniors graduating from New Smyrna Beach High School, but in the life 0:
the community as well. For the past 20 years, local businesses, professionals, private
organizations and individuals have cO,ntributed generously to provide our seniors with a drug
and alcohol free celebration on the night of graduation.
Plans are now being made for the Class of 2006 to enjoy this alcohol and drug free evening
at Daytona Lagoon complete with water park, games, go carts, food, entertainment, and pas. .
This concept of an all night celebration.to keep our children safe, has become a school tradItion
The tradition of PROJECT GRADUATION has been observed by most schools in Volusia
County, as well as by many others in the state and nation. This program can continue only
through the generous support of the qommunity. Therefore, we are asking for a donation from
area businesses to help make sure that the tradition can continue and the Class of 2006 can
enjoy a safe, drug and alcohol free celebration. If you wish to make a tax deductible donation,
please mail a check payable to:
PROJECT GRADUATION
NEW SMYRNA BEACH HIGH SCHOOL
P.O. BOX 2712
NEW SMYRNA BEACH, FL 32170
,
We thank you in advance for your generous donation. Please feel free to contact any of the
PROJECT GRADUATION board members if you have any questions or if we need to present
our request in person. We look forward to hearing from you.
PROJECT GRADUATION BOARD MEMBERS
Mindy stires 386 3t48754 stacee Hanigan 423-9981
Larry Buck 428-5197 Margaret Lewis 663-4529
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*. 01-1100-511.48-10
I-III Transactions
I_"~
1--111 Detail by code
~-III Detail by year &
t-I!i Pending by dale
-III Pending by code ;:,
1--111 Pending byyear ;:;
i-Ill Miscellaneous info ~
-iii Miscellaneous bud .-
ct
Project Data
PRfH)'fIOID!L 7tCTl.VITIES I PRmlDfiOlD!L ACTIVITIES
Fiscal]tear 280'
Budget
Cmmli.t tecl
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15.10
5,925.00
Payment 'nformatlon-K
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15.00
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