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10-15-2012 Voting Order Mayor Thomas Councilman Kennedy Councilwoman Bennington Councilman Ignasiak Councilman Emter AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING OCTOBE 15,2012 6:00 P.M. COUNCIL CHAMBERS We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 2. APPROVAL OF MINUTES—NONE AT THIS TIME 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS — NONE AT THIS TIME 4. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to three(3) minutes or less. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS 7. CONSENT AGENDA—NONE AT THIS TIME All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the Council, in which case the Mayor will remove that item from the consent agenda and such item will be considered separately. 8. PUBLIC HEARING, ORDINANCES AND RESOLUTIONS a. 15t Reading — Ordinance No. 2012-0-11: An Ordinance repealing and restating Article II (Truck Routes)of Chapter 17 (Traffic) of the City of Edgewater Code of Ordinances. b. Resolution No.201-R-19: A revision to the Resolution Number for the Purchasing Policy. 9. BOARD APPOINTMENTS a. Firefighters' Pension Fund Board - City Council's affirmation of the election of Justin Nickels' by fellow firefighters. b. Firefighters' Pension Fund Board - Councilman Kennedy's appointment due to the expired term of Gary Butt,who is seeking reappointment. City Council Agenda October 15,2012 Page-2- 10. OTHER BUSINESS a. Lamara Barlow, representative for the New Smyrna Beach High School Band Booster Club, requesting the Special Activity Permit fee be waived for the "Mark Dresser, The Beat Goes On"memorial fundraiser. b. Request for approval of the Letter of Intent, approving the participation in the Southeast Volusia Corridor Improvement Coalition and to authorize the City Manger to execute a Partnership Agreement (Memorandum of Agreement) after review by the City Attorney and City Manager. 11. OFFICER REPORTS a. City Clerk b. City Attorney c. City Manager 12. CITIZEN COMMENTS 13. ADJOURN The next City Council meeting will be held on November 12,2012. Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record In accordance with the Americans with Disabilities Act,persons needing assistance to participate in any of these proceedings should contact City Clerk Bonnie Wenzel, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 x 1101, 5 days prior to the meeting date. If you are hearing or voice impaired,contact the relay operator at 1-800-955-8771. AGENDA REQUEST Date: October 4, 2012 PUBLIC HEARING October 15,2012 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 1st Reading—Ordinance No. 2012-0-11 Repealing and restating Article II(Truck Routes) of Chapter 17 (Traffic)of the City of Edgewater Code of Ordinances. APPLICANT/AGENT: City of Edgewater REQUESTED ACTION: Approval of the proposed text amendment to Article II (Truck Routes) of Chapter 17 (Traffic). Background: Pursuant to the City of Edgewater 2012 Project Goals, staff was charged with identifying the future truck routes and roadway network for the City. The proposed amendment is the result of this direction and provides better guidance for large truck traffic within the City than the previous Article. This modification will continue to enable truck routes for areas that are currently zoned for business and/or industry while directing the majority of heavy truck traffic away from the residential areas. STAFF RECOMMENDATION: Staff recommends approving Ordinance 2012-0-11; repealing and restating Article II (Truck Routes)of Chapter 17 (Traffic)of the City of Edgewater Code of Ordinances. ACTION REQUESTED: Motion to approve Ordinance 2012-0-11. FINANCIAL IMPACT:(Finance Director)N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM# Resp1ctfully sub ed, Concurrence: Da •-n Lear Robin L. Matusick Development S: ices Director Paralegal • Tracey . :arlow City ■ anager ORDINANCE NO. 2012-0-11 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, REPEALING AND RESTATING ARTICLE II (TRUCK ROUTES) OF CHAPTER 17 (TRAFFIC) IN ITS ENTIRETY; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the City Council of the City of Edgewater, Florida, has determined that it is in the best interests of the citizens of Edgewater to modify the existing truck routes to provide for a better flow of traffic. WHEREAS, Article II (Truck Routes) of Chapter 17 (Truck Routes) has not been modified since 1998 (Ordinance #98-0-07). WHEREAS, this modification will continue to enable truck routes for areas that are currently zoned for business and/or industry while directing the majority of heavy traffic away from the residential areas. WHEREAS, repealing and restating Article II (Truck Routes) of Chapter 17 (Traffic) in its entirety will correct various scriveners errors and bring the Chapter into compliance with updates and various modifications to be consistent with City policies and regulations. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. REPEALING AND RESTATING ARTICLE II (TRUCK ROUTES) OF CHAPTER 17 (TRAFFIC) IN ITS ENTIRETY OF THE CITY OF EDGEWATER CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA. Repeal and restate Article II (Truck Routes) of Chapter 17 (Traffic) in its entirety of the City of Edgewater Code of Ordinances, Edgewater, Florida as set forth in Exhibit "A" and Exhibit "B" which are attached hereto and incorporated herein. 1 Strike-through passages are deleted. Underlined passages are added. #2012-0-11 PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void by a court of competent jurisdiction, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. 2 Strik gh passages are deleted. Underlined passages are added. #2012-0-11 PART F. ADOPTION. After Motion to approve by with Second by , the vote on first reading/public hearing of this ordinance held on October 15, 2012, was as follows: AYE NAY Mayor Mike Thomas Councilman Justin Kennedy Councilwoman Gigi Bennington Councilman Michael Ignasiak Councilman Gene Emter After Motion to approve by with Second by , the vote on second reading/public hearing of this ordinance held on November , 2012, was as follows: AYE NAY Mayor Mike Thomas Councilman Justin Kennedy Councilwoman Gigi Bennington Councilman Michael Ignasiak Councilman Gene Emter 3 Strike-threngh passages are deleted. Underlined passages are added. #2012-0-11 PASSED AND DULY ADOPTED this day of October, 2012. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day legality by: Aaron R. Wolfe, Esquire of October, 2012 under Agenda Item No. 8 . City Attorney Doran, Sims, Wolfe&Kundid 4 Strike-through passages are deleted. Underlined passages are added. #2012-0-11 Exhibit "A" ARTICLE II (TRUCK ROUTES) of Chapter 17 (TRAFFIC) REPEALING Article II. TRUCK ROUTES is hereby repealed as follows: Sec. 17 4. Short title. This article may be cited at the Edgewater Truck Route Ordinance. See 17 5. Definitions. For the purposes of this article the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. City is the City of Edgewater, Florida. Deviating truck is a truck which leaves and departs from a truck route while traveling inside the city. Person is any person, firm, partnership, association, corporation, company or organization of any kind. Truck is any vehicle designed or operated for the transportation of property, and whose term "truck" as used herein shall not refer to a pickup truck or van, or panel truck. Truck route is a way over certain streets, as designated herein, over and along which trucks coming into and going out of the city must operate. All trucks within the city shall be operated only over and along the truck routes herein established and on the other designated streets over which truck travel is permitted. Exceptions. This article shall not prohibit: ., - - - necessary to the conduct of business as a destination point, provided streets upon which such traffic is permitted are used until reaching the intersection nearest the destination point. city. 5 Strik gh passages are deleted. Underlined passages are added. #2012-0-11 (c) Public utilities. The operation of trucks owned or operated by the state, county, city, public utilities, any contractor or material man, while engaged in the repair, maintenance or construction of streets, street improvements, or s -- . • • •- • -•• •- • , •- .. . business. (d) Detoured trucks. The operation of trucks upon any officially established detour in any case where such truck could lawfully be operated upon the street for which such detour is established. (e) Public transportation. Which will include school busses, Volusia Transit System ("Votran"), church busses, and medical transport. The following streets, and no others shall be used for truck traffic: U.S. Highway 1; West Park Avenue; . . . I , . Mango Tree Drive south, between West Park Avenue and 16th Street; 16th Street east/west, to Hibiscus Drive; Hibiscus Drive, between 16th Street south and Roberts Road; 26th Street east/west, between Hibiscus Drive and Silver Palm Drive; Guava Drive south, between Indian River Boulevard(S.R.442) and 28th Street; Fern Palm Drive north,to 16th Street; 16th Street, to Industrial Street; Industrial Street, to Marion Avenue; Marion Avenue, to U.S. Highway 1; Roberts Road; 30th Street; Old County Road south, between West Park Avenue and Ocean Avenue. • • There is hereby established within the city the following"truck routes": Outside origin: outside destination. All trucks entering the city for destination points (a) Northbound southbound. All trucks shall use U.S. Highway 1. (b) Eastbound westbound. Trucks shall use West Park Avenue, Indian River . ..' . „ , - - -- . - --• _._. - _ , . !th Street and Roberts Road between the easterly city limits and the westerly city limit. 6 Strik gh passages are deleted. Underlined passages are added. #2012-0-11 Sec. 17 9. Truck traffic in the city. (a) Outside origin. (1) One inside destination point. All trucks entering the city for a destination route. destination points shall proceed only over established truck routes and shall deviate only at the intersection with the deviating street, upon which such traffic is permitted, nearest to the first destination point. Upon leaving the first destination point a deviating truck shall proceed to other destination points by the shortest direction and only over streets upon which such traffic is (b) Inside origin. (1) Outside destination point. All trucks, on a trip originating in the city, and over streets on which such traffic is permitted to a truck route as herein established. (2) Inside destination points. All trucks, on a trip originating in the city, and traveling in the city for destination points in the city shall proceed only over streets upon which such traffic is permitted. See,1-7--14Spee€1-limit& The speed limit along streets designated as a truck route which are under the jurisdiction•• - I .. - , - - .. :; . . . . , this shall not apply to U.S. Highway 1. Sec. 1'7 11. En efee-ment. (a) Clerk maintains maps. The city clerk shall keep and maintain accurate maps setting out truck routes and streets upon which truck traffic 3s permitted; the maps shall be kept on file in the office of the city clerk and shall be available to the public. (b) Director of parks and recreation/maintenance maintains signs. The director of parks and recreation/maintenance of the city shall cause all truck routes and those streets upon which truck traffic is permitted to be clearly sign posted to give notice that this article is in effect, any person driving or in control of any commercial vehicle not proceeding over a truck route or the purpose of weighing and determining whether this article has been complied with. Sec. 1712. Penalties. provided in section 1 8 of this Code. Each day that an offense is committed or permitted to 7 Strike-through passages are deleted. Underlined passages are added. #2012-0-11 Sees. 17 13, 17 4. Reserved. Sees. 17 15 17 19. Reserved. 8 Strike thr-Eillgh passages are deleted. Underlined passages are added. #2012-0-11 Exhibit "B" ARTICLE II (TRUCK ROUTES) of Chapter 17 (TRAFFIC) RESTATING Article II. TRUCK ROUTES is hereby restated as follows: Sec. 17-4. Short title. This article may be cited at the Edgewater Truck Route Ordinance. Sec 17-5. Definitions. For the purposes of this article the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. City is the City of Edgewater, Florida. Deviating truck is a truck which leaves and departs from a truck route while traveling inside the city. Person is any person, firm, partnership, association, corporation, company or organization of any kind. Truck is any vehicle or combination of vehicles designed and operated for the transportation of goods, products, waste matter or other property of any type; including trailers and truck tractors but not including pickup trucks, station wagons or similar light vehicles designed for carrying small loads of property or passengers interchangeably. Such light vehicles shall be subject to the regulations of this article if they have been altered or modified as to materially increase their cargo capacity, in which case said vehicles shall be classified as trucks for purposes of this article. Truck route is a way over certain streets, as designated herein, over and along which trucks coming into and going out of the city must operate. Sec. 17-6. Application of regulation. All trucks within the city shall be operated only over and along designated streets established as the truck routes. Exceptions. This article shall not prohibit: (a) Operation on street of destination. The operation of trucks upon any street where necessary to the conduct of business at a destination point, provided streets upon which such traffic is permitted are used until reaching the intersection nearest the destination point. 9 ik Strcrme4 gh passages are deleted. Underlined passages are added. #2012-0-11 (b) Emergency vehicles. The operation of emergency vehicles upon any street in the city. (c) Public utilities. The operation of trucks owned or operated by the state, county, city, public utilities, any contractor or material person, while engaged in providing a public service, the repair, maintenance or construction of streets, street improvements, or street utilities within the city, or other public business. (d) Detoured trucks. The operation of trucks upon any officially established detour in any case where such truck could lawfully be operated upon the street for which such detour is established. (e) Public transportation. Which will include school buses, Volusia Transit System ("Votran"), church buses, and medical transport. (f) Exceptions by the Police Chief The Police Chief is authorized to permit the movement of vehicles having a greater width or having a load of greater length than specified in this article upon application to his office for special permission. Sec. 17-7. Designated streets for truck use. The following streets, and no others shall be used for truck traffic: Interstate 95; U.S. Highway 1; West Park Avenue; Indian River Boulevard (S.R. 442) -west of U.S. Highway 1; Old Mission Road; Mango Tree Drive south - between West Park Avenue and 16th Street; 16th Street east/west - Hibiscus Drive to Mango Tree Drive; Hibiscus Drive between 16th Street south and Roberts Road; 26th Street east/west- between Hibiscus Drive and Silver Palm Drive; Guava Drive south- between Indian River Boulevard (S.R. 442) and 28th Street; Fern Palm Drive north- Indian River Boulevard(S.R. 442)to 16th Street; 16th Street- to Industrial Avenue; Industrial Avenue -to Marion Avenue; Marion Avenue -to U.S. Highway 1; Roberts Road; 30th Street; Old County Road south- between West Park Avenue and Ocean Avenue; Silver Palm Drive north—between 30th Street and 22nd Street; Air Park Road north—between 22nd Street and West Park Avenue. It shall be unlawful for a truck to deviate from said designated streets except as provided herein. Sec. 17-8. Truck traffic in the city. 10 Strike passages are deleted. Underlined passages are added. #2012-0-11 (a) Outside origin. (1) One inside destination point. All trucks entering the city for a destination point in the city shall proceed only over an established truck route and shall deviate only at the intersection with the deviating street, upon which such traffic is permitted, nearest to the destination point, a deviating truck shall return to the truck route by the shortest permissible route. (2) Multiple inside destination points. All trucks entering the city for multiple destination points shall proceed only over established truck routes and shall deviate only at the intersection with the deviating street, upon which such traffic is permitted, nearest to the first destination point. Upon leaving the first destination point a deviating truck shall proceed to other destination points by the shortest direction and only over streets upon which such traffic is permitted. Upon leaving the last destination point a deviating truck shall return to the truck route by the shortest permissible route. (b) Inside origin. (1) Outside destination point. All trucks, on a trip originating in the city, and traveling in the city for a destination point outside the city shall proceed by the shortest direction over streets on which such traffic is permitted to a truck route as herein established. (2) Inside destination points. All trucks, on a trip originating in the city, and traveling in the city for destination points in the city shall proceed only over streets upon which such traffic is permitted. Sec. 17-09. Speed limits. The speed limit along streets designated as a truck route which are under the jurisdiction of the city shall be thirty (30) miles per hour, unless otherwise posted; provided however, that this shall not apply to U.S. Highway 1. Sec. 17-10. Enforcement. (a) Clerk maintains maps. The city clerk shall keep and maintain accurate maps setting out truck routes and streets upon which truck traffic is permitted; the maps shall be kept on file in the office of the city clerk and shall be available to the public. (b) Chief of Police. The chief of police shall coordinate with the appropriate city staff to assure that all truck routes and those streets upon which truck traffic is permitted to be clearly sign-posted to give notice that this article is in effect. (c) Weigh-in. The chief of police or his designee shall have the authority to require any person driving or in control of any commercial vehicle not proceeding over a truck route or street over which truck traffic is permitted to proceed to any public or private scale available for the purpose of weighing and determining whether this article has been complied with. Sec. 17-11. Penalties. Any person, firm or corporation violating any provisions of this article shall be deemed guilty of a misdemeanor in the second degree and upon conviction thereof shall be punished as provided in section 1-8 of this Code. Each day that an offense is committed or permitted to continue shall constitute a separate offense and shall be punishable hereunder. Secs. 17-12 thru 17-19. Reserved. 11 Strike through passages are deleted. Underlined passages are added. #2012-0-11 Z : 'q' ujijJ f � U+ 1 1 1 I Fr_ i li w- li iiiio, - o .■ # 0 AO \ 01 Owb . ,, ,,_ 0.,,,=a V m hp , 11-: . " ni\ty , voll -i su Nw ,,,,, .1,..... ,, L1 ,,,� Vii% � �• /6' 40/ ■■■.,. -'.- ! ,.°100040,/ #* ./ 1411-11M -n140`" vl 1W SORIto■ , - --, --.-01'1 %-. Vs' Zwei• •••- ■ • -;--__.,-,.:*:- $ toM4 -4 411 .or••• •1••.. ,., 11,60,,,s ' ,0 .,, ,,,_, \ ---- 1- 1*---'--=- .0 , ,,o, dirrir ,,,,, ` 41 ,4-iii,:, .....44:05,00e,-e , , GG m-mi ljw 0 . 4_ ,7, -coi , oil" / 9 , 41i$ eg .- 010 0 s ;.0:\ \TY a P 1 1,-°'-' "'at'\, '02-. ,40.1. 0 A \ , ‘,..44 , . r 'A',Akirrih.LAs■ , c7 14,,v \tl\t* XV*° ' Q qc)/4. .itwi, i ,.. ceP:„, :q .°' ' e % _ 51_ )____,,.y , .c.----.- ± 4,.,207.L. ,,, ,f,„ , ) , 7 . . /.;;-7z, Dprlirfito-ct c , , illAri 4, le ..i / p \ ''filit' pek.- _ 4,, c47° 4Ve/ le Vb AGENDA REQUEST Date: October 4, 2012 PUBLIC HEARING October 15, 2012 RESOLUTION October 15, 2012 ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: Resolution No. 2012-R-19 Revision to Purchasing Policy Resolution number. BACKGROUND: City Council approved Resolution No. 2012-R-10 Purchasing Policy on September 24, 2012. This resolution number was previously used and needs to be updated to Resolution No. 2012-R-19. No change to content or form has been made to the Purchasing Policy. STAFF RECOMMENDATION: Staff recommends City Council approve Resolution No. 2012-R-19 herein referred to as The Purchasing Policy. ACTION REQUESTED: Motion to approve Resolution No. 2012-R-19 Purchasing Policy, which complies with Florida Statutes. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO If so, DATE: AGENDA ITEM # Respectfu/y submitted, Concurrence: X. c ` 'mot a..., athan C. McKinney Robin L. Matusick finance Director Parale.al 1 race 7 Bar ow City anager RESOLUTION NO. 2012-R-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, UPDATING/RESTATING THE CITY OF EDGEWATER'S PURCHASING POLICY; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the City Charter, the City Manager has the responsibility for managing a purchasing program for the City; WHEREAS, the City Manager requests that City Council update/restate the existing Purchasing Policy that the City of Edgewater approved during the Council meeting held on October 20, 2009 pursuant to the adoption of Resolution#2009-R-18. WHEREAS, in an effort to be consistent with current laws and policies, City Council wishes for the City of Edgewater to update/restate the existing City of Edgewater Purchasing Policy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. The City Council hereby updates/restates the City of Edgewater Purchasing Policy and all purchases as provided for therein shall be procured in accordance with said policy, a copy of which is attached and incorporated herein as Exhibit"A". Section 2. All conflicting purchasing policies are superseded by this policy. Section 3. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. (Resolution/#2012-R-19) Section 4. This resolution shall take effect upon adoption. After motion by and second by , the vote on this resolution was as follows: AYE NAY Mayor Michael Thomas Councilman Justin A. Kennedy Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter PASSED AND DULY ADOPTED this 24th day of September, 2012. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie A. Wenzel Michael Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form Edgewater at a meeting held on the 24th day and legality by: Aaron R. Wolfe, Esquire of September, 2012 under Agenda Item City Attorney 8 Doran,Sims,Wolfe&Kundid (Resolution/#2012-R-19) 9a AGENDA REQUEST Date: September 19, 2012 PUBLIC HEARING RESOLUTIONS ORDINANCE BOARD OTHER APPOINTMENT 10/8/12 CONSENT BUSINESS ITEM DESCRIPTION: Justin Nickels of the Firefighters' Pension Fund Board was elected via ballots by their fellow firefighters. BACKGROUND: Justin Nickels will hold the position of Secretary. Justin Nickels of the Firefighters' Pension Fund Board was elected by their fellow firefighters. 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: Affirmation of Justin Nickels' election by fellow firefighters' to the Firefighters' Pension Fund Board. ACTION REQUESTED: Motion to affirm Justin Nickels election to the Firefighters' Pension Fund Board. FINANCIAL IMPACT: (FINANCE DIRECTOR NA (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: N/A AGENDA ITEM NO.: Respy9 lly submi -d, .4! Ar ontella Jacicsolp oard oo's inator Robin Matusick Firemen's Pensi. Board Paralegal ff' Trace Barlow Cit anager Agenda.request.form.rev.2/16/2000 Memo To: Edgewater Firefighters' Pension Board From:Jim Jollie, Chairman Subject: Resignation from the pension board Date: 17 September 2012 This notice is to advise that as of 1 December 2012, I will be retiring from the City of Edgewater Fire department. Based on the requirements of the fire pension ordinance, I will not be able to serve as a member of the board after retirement. Please consider this y resignation letter from the board effective 18 September 2012. Jim Jollie - s 9b AGENDA REQUEST Date: September 19, 2012 PUBLIC HEARING RESOLUTIONS ORDINANCE BOARD OTHER APPOINTMENT 10/8/12 CONSENT X BUSINESS ITEM DESCRIPTION: The Firefighters' Pension Fund Board is requesting appointment to fill an expiring term. BACKGROUND: Gary Butt currently holds a positions appointed by the Board. Mr. Butt term has expired and is seeking reappointment. 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: The Firefighters' Pension Fund Board would like to recommend Mr. Butt be reappointed for an additional two-year term on the Board. ACTION REQUESTED: Motion to reappoint Gary Butt for two year terms on the Firefighters' Pension Fund Board. FINANCIAL IMPACT: (FINANCE DIRECTOR NA (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: N/A AGENDA ITEM NO.: - •e' i lly sub s'tted, Shontella Jack of, Board Coordinator Robin Matusick Firemen's Pen ion Board Paralegal i Trace Barlow C , anager Agenda.request.form.rev.2/16/2000 ERVAIR Heating & LENNOX Air Condi tioning BRAN 4-27-1 53 � :F September 17, 2012 City of Edgewater P.O. Box 100 Edgewater, FL 32132 Please accept this letter as my request to serve on the Edgewater Firefighters' Pension Board. I have served on this board for several years. I would like to continue my service to the City by being a member of the Board in the coming years. Thank you for allowing me to serve the Board in the past, and I am looking forward to serving for an additional term. Sincerely, \ Gary Butt Servair Heating&A/C AGENDA REQUEST NSBHS-SA1205 Date: October 4, 2012 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS October 15, 2012 ITEM DESCRIPTION: Lamara Barlow, representative for the New Smyrna Beach High School Band Booster Club, is requesting that the Special Activity Permit fee be waived for the "Mark Dresser, The Beat Goes On"memorial fundraiser event. BACKGROUND: The event is scheduled for Sunday,November 11, 2012 from 12:00 p.m. to 6:00 p.m. Outdoor amplified sound/music will be from 12:00 p.m. to 6:00 p.m. The expected attendance is approximately 200 and therefore does not require Council review; however, the applicant is requesting that the Special Activity Permit fee of$300.00 be waived. STAFF RECOMMENDATION: The Technical Review Committee is reviewing the application to insure compliance with Section 21-37 (Special Activity Permits) of the City of Edgewater Land Development Code. Staff recommends waiving the Special Activity Permit fee of$300.00 for the "Mark Dresser, The Beat Goes On" fundraiser. ACTION REQUESTED: Motion to waive the Special Activity Permit fee of $300.00 for the "Mark Dresser, The Beat Goes On" fundraiser. FINANCIAL IMPACT:(Finance Director)N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM# Respec lly submi -•, Concurrence: ►' Ir �_ l ,.°i1 Dane'. ear Robin L. Matusick Development Serlices Director Paralegal Tracey T. Barlow City Manager CITY OF EDGEWATER SPECIAL ACTIVITY APPLICATION This application must be completed in its entirety and submitted to the Planning Department at least 60-days in advance of the activity. Incomplete applications will be returned to the applicant and may delay approval. NOTE: SITE PLAN MUST ACCOMPANY THIS APPLICATION FEE: $300/day Date Applicant Name: g pry k)-A 11 Sr l.�� �. ��;�►.. {?Y,r. ► S . Sponsor/Organization Name:lAine tc:Jai' '.A i- .- j IcZ c 141C_- Applicant/Sponsor Address: 49 LL.S I .3 3 2.4 41 I Address/Location of Event: W491 LA Local Contact Telephone Number:" s4 (psi a ``I Tslu Emergency # � -,) ro '�q (:e Name of Event:sor.AO-I<1)3 5 !fit- Th b3 a tnee• 0 Description of Event: i1'iYo 41_ Fcxat)Date(s) of Event: }skin 1 t Time(s) of Event: ‘a?"--) Set-up/Tear down dates: (if needed): Moj i O ;(;' I µO V Expected Attendance: P 1L'I X 00 Will admission be charged? ( ) Yes No Will outside live/recorded music or sound amplification be used? X Yes-Hours?MArk )No Will vendors be at the event? ( ) Yes ( No How many? 0 If yes, please check the following that apply: N/4 Food /4114 Alcoholic beverages N/lA Soft drinks /04 Arts/Crafts /4/4 Other(specify) What equipment will be required/used? Check all that apply. / 4 Water Electricity Barricades (How Many?) Trash Cans (How Many?) Special Activity Rev:6-06 1 Which of the following will be used? X Banner MO Booth ?( Temporary Tents M t) Fireworks/Pyrotechnics X Temporary Signs X Canopy* id Amusement Rides Iva Portable Restrooms (How Many?) Other(specify) The following shall accompany this application: IPlan submitted to reflect location and number of vendors, parking layout, / and sanitary facilities. V A letter stating the applicant acknowledges that they are financially responsible for all additional services provided by the City which may include, but are not limited to the following: trash pick up, utilities, code enforcement, law enforcement, etc.V xiThe applicant shall post a bond or provide insurance in the amount of / $200,000.00 to hold the City harmless of any and all liabilities. V f f A Submittal of a listing of all property owners within 500-feet (listing to include names and addresses of all owners and list shall be obtained from the Volusia County Property Appraisers Office). Provide list via e-mail to planning@citvofedgewater.or2 in dbf format. Listing printed from the Property Appraisers website shall not be accepted. Type of organization: X( Non Profit Tax Exempt# X Charitable Name of Organization or beneficiary N SA-60:44N Mif 4 0 R 1's 6 Nc.r For Profit Federal I.D. # Tax# /40 Individual SS # Special Activity Rev: 6-06 2 If you are requesting City assistance with your event, please describe: NO h!SSJS-, woe i o,'L 12,5ct 11 k- Road closures (list street name(s) and date(s) all streets closed for an event must be reopened within 30-minutes of the end of each day of the event. AIOAi C-- The applicant shall comply with all requirements contained in Section 21-37 (Special Activity Permit Requirements) of the Land Development Code and Chapter 10, Article III (Noise) of the City of Edgewater Code of Ordinances. If sound amplification is associated with this event, I agree to monitor the sound level so that it remains within the limits of the City Code. If valid noise complaints are received, I agree to reduce that noise to a satisfactory level. I further understand that if reducing the noise does not control citizens' complaints,the source of the noise will be terminated. Signature of applic ip &yr a/ilk (4,20,41194,3 Date: I C "' %/ Special Activity Rev:6-06 3 DE(MM/ DATE A D CERTIFICATE OF LIABILITY INSURANCE MM/ 012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jennings Insurance Agency (A/CC.NNo.Exn: 386-428-6448 /c,No):386-427-7811 109 Magnolia Street E-MAIL New Smyrna Beach,FL 32168 ADDRESS: PRODUCER CUSTOMER ID#: 0858 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA:SOUtllern Owners Insurance Co 10190 New Smyrna Beach Band Parents Association,Inc INSURER B: P.O.Box 1678 New Smyrna Beach, FL 32170 INSURER c: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 500,000 ✓ DAMAGE TO RENTED 50,000 COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE 7 OCCUR MED EXP(Any one person) $ 5,000 13 500,000 PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ 500,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 500,000 RO- ✓ POLICY JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) NON-OWNED AUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER _ ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below _ E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate holder is listed as additional Insured. CERTIFICATE HOLDER CANCELLATION City of Edgewater SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 104 N Riverside Dr THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Edgewater, FL 32132 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD ,, U. S. HIGHWAY No. 1 .\�\\:., . \gin\\:;\'\% —e..1 cm NORTHBOUND LANES — 27'1 ASPHALT PAVEMENT IF, am N-m N'o a o \�S\\\\\C\\\\\\�\\\\\\\\\\\\\\\\\\\\\\\\ �;° °zi \ \\\\ S\\\\\�\\\\\\\ �� \\\\\J> X aZ�Z AA\\\ Cn -. m-4• 4. Zl D Z A k'� p N2090LT7W�MJ ;''1.20 KR c om 7' �J >8>.21 YMJ ° 10'± CLF oLv 181.201P) 181.21 rAv k 1 0 r Z5mF)AA 1 t•,7 a �7NO ivn _'CANC((EGE O$ E d fARR( r f r i UfID�(POLE GRAVEL GRAVEL. 15.31 .._• 0 u) ti ---I o° \\ N m ° r. ,. 0 P o to cYl -1 � y� A. �% c'mo -.•i So y 1) x :''....'...",,:';:',5:1;',4....:.:.::',....":':C6' fiD :; I:6' k - , .1 \,1 0 i. hi° \ \ �� z \ \ °z A ti \\ �O,P \\ n o� V OG �N �� .mow Li k) Li • V V BLOCK "1 " CLF 0 FENCE CORNER 1.3.5/y N —'J C O f fj SHELL DRNE J h • I c/u i ss'f --� CLF • - 52055'00 2-(PJ(MJ 181.201PJ 181.11'PRJ — — 781.201PJ 181.111PR) m'Io u) ;m °N 1411.741M) Aa oA 0oeo; NELLIE STREET Z� (50' R/W) Wig.°° �=N r1'O,%o (NOT OPEN) -OpNpm \•_ z i•.A f0 fN�� • O O O NOM MGM SCHOOL BARRACUDA BAND New Smyrna Beach Band Parents Association, Inc. P. 0. Box 1678 New Smyrna Beach, FL. 32170 10/04/2012 City of Edgewater, The New Smyrna Beach Band Parents Association, Inc. acknowledges that they are financially responsible for all additional services provided by the City which may include, but are not limited to the following: trash pick up, utilities, code enforcement, law enforcement, etc. Sincerely, 2012/2013 NSB High Band Parents AssociationBoard THE CITY OF EDGEWATER NOTARIZED AUTHORIZATION OF OWNER I/We & 3 L o1Y-17o%' i (owner's name) as the sole or joint fee simple title holder(s) of the property described as '9'4' 1 6OFC CL j-&r vwv) wFFeit a RAikc< mAT eke 9 a g (legal description or parcel number) authorize NeL3 S y izr►" + (S A4-1 eS ob-+e .S to act as my agent to seek a .es5 - 4\ `% Q ge4a Go e... cs►S n PA41 (type of request) on the above referenced property. /UCt — Owner's Signature Owner's Signature STATE OF FLORIDA COUNTY OF y t1,,aq The foregoing instrument was acknowledged before me on this v24)bday of C =1C f3E2 , 20/ by (,U L ct E. Fi t2& t Q44 (name of person acknowledging), who is personally known to be or who has produced Fe-DL F bloOgg6 b©::9q.9-4 (type of ID) as identification and who did not take an oath. dr„. , g4.3 NOTARY PUBLIC—STATE e" FLORIDA a'" :"N� PAUUNE c.faVNES •1 ,.; '! ;.= MY COMMISSION N EE 183023 EXPIRES:Jury1,2016 I.4UL1 �& . )4p y E5 �!'q"�A�•• Banded Thru Notary Public ME OF NOTARY—TYPED OR PRINTED leOb AGENDA REQUEST Date: October 4, 2012 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS October 15, 2012 ITEM DESCRIPTION: Letter of Intent approving the participation in the Southeast Volusia Corridor Improvement Coalition. BACKGROUND: Staffs from the cities of Edgewater,New Smyrna Beach and Oak Hill have been in discussions recently regarding forming a partnership to apply for an Environmental Protection Agency (EPA) Brownfields Coalition Assessment Grant. Brownfields Assessment Grants provide funds to inventory, characterize, assess, and conduct planning(including cleanup planning) and provide community involvement related to brownfield sites. A brownfield site is defined as real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of hazardous substances, pollutants, contaminants, controlled substances, petroleum or petroleum products, or is mine-scarred land. A coalition is a group of three or more eligible entities that submits one grant proposal under the name of one of the coalition participants who will be the grant recipient, if selected. Assessment coalitions may submit only one proposal with requested grant funding of up to $600,000. There are no matching funds required for this grant. STAFF RECOMMENDATION: Staff recommends approval of the Letter of Intent approving the participation in the Southeast Volusia Corridor Improvement Coalition and also recommends approval of authorization for the City Manager to execute a Partnership Agreement(Memorandum of Agreement) after review by the City Attorney and City Manager. ACTION REQUESTED: Motion to approve the Letter of Intent approving the participation in the Southeast Volusia Corridor Improvement Coalition and to approve the authorization for the City Manager to execute a Partnership Agreement (Memorandum of Agreement)after review by the City Attorney and City Manager. FINANCIAL IMPACT:(Finance Director)N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM # Respi ully submi -., Concurrence: Darr°n Lear I Robin L. Matusick Development Services Director Paralegal Tracey T. Barlow City Manager dit City of IL.E1D G Inc. 1951 TER October 15, 2012 Pamela Brangaccio City Manager City of New Smyrna Beach 210 Sams Avenue New Smyrna Beach, Florida 32168 Kohn Evans City Clerk City of Oak Hill 234 U.S. Highway 1 Oak Hill, Florida 32759 RE: The Southeast Volusia Corridor Improvement Coalition/US (Environmental Protection Agency) EPA Brownfields Assessment Coalition Grant Letter of Intent. Dear Ms. Brangaccio and Ms. Evans: Please accept this letter of intent as verification that the City of Edgewater agrees to be lead member of the Southeast Volusia Corridor Improvement Coalition for the purposes of applying for and the subsequent award of a US EPA Brownfields Assessment Coalition grant in the amount of$600,000 for community-wide assessment in the Southeast Volusia County area with a focus on the City of New Smyrna Beach,City of Edgewater and City of Oak Hill. The City of Edgewater further agrees to administer the grant, if awarded, be accountable to EPA for proper expenditure of funds, and be the point of contact for the other coalition members. Additionally, coalition members are not eligible in this grant round as applicants for additional community-wide or site-specific assessment grants. A coalition member wishing to apply as a separate applicant must withdraw from the coalition to be eligible for individual assessment funds. Sincerely, Tracey T. Barlow City Manager Office of the City Manager P.O.Box 100•Edgewater, FL 32132-0100 (386)424-2400 Ext. 1201 •Fax(386)424-2421 www.cityofedgewater.org