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01-07-2013
Voting Order Councilman Ignasiak Councilman Emter Mayor Thomas Councilwoman Power Councilwoman Bennington AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING JANUARY 7,2013 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 a. The Surfcoast Chapter of the Planning and Zoning Association to present the Outstanding Innovation and Design Award for the Restoration Sustainable Community Development b. Presentation of Awards for the 2012 Christmas Parade. 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 8. PUBLIC HEARING, ORDINANCES AND RESOLUTIONS a. 2"d Reading—Ordinance No. 2012-0-12: An Ordinance amending Chapter 12 (Offenses & Miscellaneous Provisions), Article I (In General) of the Code of Ordinances, by adding Section 12-5 (Smoking Devices/Paraphernalia Prohibited) and Section 12-6 (Synthetic Alternative Drugs Prohibited). b. Resolution No. 2012-R-28: A Resolution modifying the Schedule of Fines, Fees, Costs and /or Penalties. c. Resolution No. 2012-R-29: A Resolution authorizing staff to request a reduction of the Annual wastewater Regulatory and Surveillance Fee from the Florida Department of Environmental Protection. d. Resolution No. 2012-R-30: A Resolution encouraging the 2013 State Legislature enact legislation/pass a law that bans texting while driving/operating any motor vehicle. Encouraging the Department of Motor Vehicles (DMV) to provide education on the dangers of electronic distracted driving to all violators of the law. e. Resolution No. 2013-R-01: A Resolution implementing the Non-Residential Rent Assistance Program for eligible new or expanding existing businesses. City Council Agenda January 7,2013 Page-2- 9. BOARD APPOINTMENTS—None at this time 10. OTHER BUSINESS a. Election of Vice-Mayor(Continued from December 3,2012 meeting) b. John S. Massey, Massey Enterprises, applicant for the Villas at Massey Ranch requesting a two(2)year Development Order extension. c. Request for approval of the Interlocal Agreement between the City of Oak Hill and the City of Edgewater for Stormwater Inspection Services. d. Requesting authorization for the Mayor to execute the Consent Order with the Florida Department of Environmental Protection and approval of any required budget amendment. e. Requesting authorization for the City Manager to enter into a Lease Agreement with Branch Banking and Trust Company not to exceed $160,583 , authorization for the City Manager to execute related documents and authorization for associated budget amendment for 2013 vehicles. f. Requesting approval to piggyback the School District of Palm Beach County contract with Royal Concrete Concepts, LLC to purchase a Concrete Modular System consisting of a Restroom/Concession Building to be placed at Hawks Park for the sum of $104,658 and authorize the City Manager to execute the contract. g. Approval of Mediation Settlement Agreement with Cynthia Stevens. 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 February 4,2013. 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 Wen_el, 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 C.A. #2012-142 Date: December 12, 2012 PUBLIC HEARING Jan 7, 2012 RESOLUTION ORDINANCE Jan 7, 2012 BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: Second Reading/Public Hearing— Ordinance#2012-0-12 Amending Chapter 12 (Offenses & Miscellaneous Provisions), Article I (In General) by adding Section 12-5 (Smoking Devices/Paraphernalia Prohibited) and Section 12-6 (Synthetic Alternative Drugs Prohibited) BACKGROUND: During the City Manager's Report at the City Council meeting held on November 12, 2012, Council considered a "draft" ordinance amending Chapter 12 (Offenses and Miscellaneous Provisions), Article I (In General) by adding Section 12-5 (Smoking Devices/Paraphernalia Prohibited) and Section 12-6 (Synthetic Alternative Drugs Prohibited) in an effort to protect the health, safety and welfare of our citizens. Upon review and consideration, Council made the determination to go forward with this process. On December 3, 2012 City Council approved at first reading, Ordinance #2012-0-12 which amends Chapter 12 (Offenses and Miscellaneous Provisions), Article I (In General) by adding Section 12-5 (Smoking Devices/Paraphernalia Prohibited) and Section 12-6 (Synthetic Alternative Drugs Prohibited). STAFF RECOMMENDATION: Staff recommends City Council approve Ordinance #2012-0-12 on second reading/public hearing to amend Chapter 12 (Offenses and Miscellaneous Provisions), Article I (In General) by adding Section 12-5 (Smoking Devices/Paraphernalia Prohibited) and Section 12-6 (Synthetic Alternative Drugs Prohibited). ACTION REQUESTED: Motion to approve Ordinance #2012-0-12. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO 8a If so, DATE: December 3, 2012 AGENDA ITEM# Respectfully submitted, Concurrence: ve Arcieri Robin L. Matusick Chief of Police Paralegal race '. Barlow City anager ORDINANCE NO. 2012-0-12 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 12 (OFFENSES AND MISCELLANEOUS PROVISIONS), ARTICLE I (IN GENERAL) BY ADDING SECTION 12-5 (SMOKING DEVICES/PARAPHERNALIA PROHIBITED) AND SECTION 12-6 (SYNTHETIC ALTERNATIVE DRUGS PROHIBITED); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: WHEREAS, Chapter 12 (Offenses and Miscellaneous Provisions), Article I (In General) has not been modified since 2011 (Ordinance #2011-0-13). WHEREAS, the City of Edgewater has encountered products being sold at local commercial businesses containing compounds originally designed as synthetic alternatives (i.e., synthetic cannabinoids/marijuana, synthetic stimulants and/or synthetic psychedelic/hallucinogens) to prohibited controlled substances such as tetrachydrocannabinol (THC), cathinone, methcathinone, MDMA/Ecstasy and MDEA (an anolog of MDMA). WHEREAS, synthetic cannabinoids (also known as "K2" or "Spice") are chemically engineered substances similar to THC — the active ingredient in marijuana— that, when smoked or ingested can produce a high similar to marijuana and synthetic cannabinoids have been developed over the last thirty (30) years for research purposes to investigate the cannabinoid system, but no legitimate non-research uses have been identified for synthetic cannabinoids and they have not been approved by the U.S. Food and Drug Administration for human consumption. WHEREAS, synthetic cannabinoids commonly known as synthetic marijuana are chemically engineered substances that can produce an effect similar to marijuana when smoked and ingested. 1 Strip passages are deleted. Underlined passages are added. #2012-0-12 WHEREAS, substituted cathinones, commonly called "bath salts" and other synthetic drugs are being manufactured, sold and used for their psychoactive properties which may cause serious injury with "bath salts" being synthetic substitutes that mimic the pharmacological effects of amphetamines, cocaine, ecstasy and other illegal/prohibited drugs. WHEREAS, under the guise of herbal incense and like devices, products are being sold at commercial businesses that contain chemical compounds designed as synthetic alternatives to controlled substances which are prohibited under controlling Florida law. WHEREAS, products containing these synthetic alternatives are particularly enticing to children and young adults due to their availability in small packages, sometimes appearing as candy, at neighborhood stores and at minimal costs, as well as due to names being given to these substances which are intended to appeal to children and young adults. WHEREAS, these products are being offered for sale in local gas stations, convenience stores and "head shops" and are designed to mimic the effects of illegal/prohibited drugs such as cannabis, cocaine and amphetamines. WHEREAS, these products are usually labeled as "not for human consumption" and therefore are not regulated by the Food and Drug Administration (FDA). WHEREAS, the ingestion of these products has been documented to cause symptoms such as paranoia, severe anxiety, hallucinations, suicidal thoughts, combative behavior, nausea, increased heart rate, seizures and, on occasions, death. WHEREAS, there is evidence of a growing public safety and health concern regarding the sale of incense products that contain chemical compounds designed as synthetic alternatives to certain illegal/prohibited controlled substances. 2 Strike trough passages are deleted. Underlined passages are added. #2012-0-12 WHEREAS, the City Council of the City of Edgewater hereby finds that it is in the best interest of the public health, safety and welfare to prohibit the sale, delivery, possession and use of synthetic alternatives and to prohibit certain smoking devices/paraphernalia. WHEREAS, by amending Chapter 12 (Offenses and Miscellaneous Provisions), Article (In General) and creating/enacting Section 12-5 (Smoking Devices/Paraphernalia Prohibited) and Section 12-6 (Synthetic Alternative Drugs Prohibited)these types of incidents might be avoided. NOW,THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMENDING CHAPTER 12 (OFFENSES AND MISCELLANEOUS PROVISIONS), ARTICLE I (IN GENERAL) BY ADDING SECTION 12-5 (SMOKING DEVICES/PARAPHERNALIA PROHIBITED) AND SECTION 12-6 (SYNTHETIC ALTNERATIVE DRUGS PROHIBITED) OF THE CODE OF ORDINANCES FOR THE CITY OF EDGEWATER, FLORIDA. Amend Chapter 12 (Offenses and Miscellaneous Provisions), Article I (In General) by adding Section 12-5 (Smoking Devices/Paraphernalia Prohibited) and Section 12-6 (Synthetic Alternative Drugs Prohibited) of the City of Edgewater Code of Ordinances, Edgewater, Florida as set forth in Exhibit "A" which is attached hereto and incorporated herein. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void by a court of competent jurisdiction, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property, or circumstance. 3 Str-ike-thfough passages are deleted. Underlined passages are added. #2012-0-12 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. PART F. ADOPTION. After Motion to approve by Councilman Ignasiak with Second by Councilwoman Bennington, the vote on first reading/public hearing of this ordinance held on December 3, 2012, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilman Michael Ignasiak X Councilman Gene Emter EXCUSED 4 Strike-threttgh passages are deleted. Underlined passages are added. #2012-0-12 After Motion to approve by with Second by the vote on second reading/public hearing of this ordinance held on January 7, 2013 was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Michael Ignasiak Councilman Gene Emter PASSED AND DULY ADOPTED this 7th day of January, 2013. 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 7th day of legality by: Aaron R. Wolfe, Esquire January, 2013 under Agenda Item No. 8 City Attorney Doran, Sims,Wolfe&Kundid 5 Str-ike-threug#passages are deleted. Underlined passages are added. #2012-0-12 Exhibit "A" Chapter 12 (OFFENSES AND MISCELLANEOUS PROVISIONS) ARTICLE I (IN GENERAL) Article I. IN GENERAL is hereby repealed as follows: Sec. 12-1. Chewing gum or candy resembling prohibited drug or medicine. (a) It shall be unlawful for any person to manufacture, distribute, sell or offer for sale within the city any chewing gum or candy that is of a color, shape and size that resembles, or is a facsimile of, any drug or medicine which is illegal to possess, or for which a prescription is required by either federal or state law. (b) Nothing contained herein, however, shall apply to any chewing gum or candy prescribed or dispensed by a qualified physician for medicinal purposes. Sec. 12.2. Reserved. Sec 12-3. Possession, sale, etc., of fireworks unlawful. (a) Fireworks defined. The term "fireworks" shall mean and include any combustible or explosive composition, or any substance or combination of substances, or, except as hereinafter provided, any article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, roman candles, daygo bombs, and smoke bombs, and any fireworks containing any explosives or flammable compound or any tablets or other device containing any explosive substance. (b) Sparklers, toy pistols, toy guns, etc., permitted. The term "fireworks" shall not include sparklers, toy pistols, toy canes, toy guns, or other devices in which paper caps containing .025 grains or less or explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion, and toy pistol paper caps which contain less than .020 grams of explosive mixture, the sale and use of which shall be permitted at all times. (c) Violations. Any firm, co-partnership, corporation, or person who possesses, sells or uses fireworks within the city shall be guilty of a misdemeanor in the second degree and punishable as provided by law. 6 passages are deleted. Underlined passages are added. #2012-0-12 Sec. 12-4. Prohibiting sale of cigarettes in automatic vending machines where minors permitted. Cigarettes shall not be sold in automatic vending machines in establishments where minors are permitted. It shall be unlawful for any person to place or allow the placement of an automatic vending machine from which cigarettes are sold in any establishment where minors are permitted. Secs. 12 5 12 40. Reserved. Sec. 12-5. Smoking Devices/Paraphernalia Prohibited. It is prohibited and unlawful for any person to: (a) use, possess with intent to use, barter, give, publicly display, deliver, sell, offer to sell, transfer, or purchase with the intent to use, illegal/prohibited smoking devices/paraphernalia for the smoking of an alternative/synthetic substance other than a normal tobacco product. (b) possess or purchase with intent to sell, deliver, or manufacture with intent to deliver, illegal/prohibited smoking devices/paraphernalia, knowing, or under the circumstances where one reasonably should know, that it will be used for the smoking of an alternative/synthetic substance other than a normal tobacco product. (a) Definitions. Person means an individual, firm, corporation, partnership, organization, association, wholesaler, retailer,any licenses or unlicensed business, or other legal entity. Prohibited Smoking Devices/Paraphernalia means any device, equipment, or utensil that is primarily used, intended primarily to be used, or by its design can be primarily used, in ingesting or inhaling illegal/prohibited smoking materials and may include, but is not limited to: (1) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screens, permanent screens, hashish heads, or punctured metal bowls; (2) water pipes, excluding hookahs used only for smoking legal tobacco products; (3) carburetion tubes and devices. (4) smoking and carburetion masks; (5) chamber pipes; (6) carburetor pipes; (7) electric pipes; (8) air-driven pipes; (9) chillums; (10) bongs; (11) ice pipes or chillers; (12) roach clips: meaning objects used to hold burning material, such as a cannabis cigarette that has become too short to be held in the hand. 7 Strike through passages are deleted. Underlined passages are added. #2012-0-12 Prohibited Smoking Product means any substance, however marketed, which can reasonably be converted for smoking purposes, whether it is presented as incense, tobacco, herbs, spices or any blend thereof if it includes any of the following chemicals or a comparative chemical; (1) all controlled substances listed in Chapter 893, Florida Statutes. (b) Exceptions. The following devices/equipment are not prohibited smoking devices: common tobacco pipes, cigarette and cigar papers, or hookahs used for smoking of legal tobacco products. (c) Enforcement/Penalties. (1) Code Enforcement Officer and the police department shall have primary enforcement responsibility for Sec. 12-5 (Smoking Devices/Paraphernalia Prohibited). If violations are enforced through code enforcement, the process shall be held in accordance with Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement), Article XXVII (Code Compliance Process) of the Code of Ordinances. (2) Any officer investigating an offense shall do so in accordance with the Code Enforcement Process referred to in Subparagraph (1) and in accordance with the penalties contained in Section 11-16 (Suspension or revocation of certificate of use), Article I (In General) of Chapter 11 (Business tax receipts and business regulations). Sec. 12-6. Synthetic Alternative Drugs Prohibited. It is prohibited and unlawful to sell, offer to sell, display, deliver or possess any bath salt, herbal incense product which contain any substances and/or compounds defined in Section 893.03, Florida Statutes, or Section 893.0356, Florida Statutes, or any product containing a synthetic alternative drug, spice/synthetic marijuana, synthetic psychedelic/hallucinogen or synthetic stimulant product for known purposes other than the commercial intent and/or use for which the product was manufactured and labeled for. (a) Definitions. For the purposes of this Ordinance the following definitions shall apply unless the context clearly indicates or requires a different meaning: Bath Salts, synthetic cathinones/synthetic stimulants means any product distributed in a loose, leafy, powder, crystal or granular form or in a compressed block (s) that can be crushed to result in a powder or granular form, that can be ingested by placing in a pipe, cigarette paper, syringe or any other paraphernalia used for the purpose of ingesting by smoking, inhaling or other method of ingestion, that contains any synthetic derivative of cathinone including, but not limited to, Methlenedioxypyrovalerone (MDPV), and/or any derivative of MDPV and/or any other compound defined in Section 893.03,Florida Statutes, or any derivative of said compound, which mimics the physiological effects of said compounds. The term includes, but is not limited to, any crystalline or powder product in crystalline, loose-powder, block, tablet, or capsule form, or any stimulant-type product, when the label is in any way false or misleading, or which does not contain a label specifying (1) the identity of the commodity, and (2) the name and place of business of the manufacturer, packer, or distributor. Street names for these products include, but are not limited to, the following: Bliss, Blue Silk, Cloud Nine, Drone, Energy-1, Ivory Wave, 8 Strip passages are deleted. Underlined passages are added. #2012-0-12 Lunar Wave, Meow Meow, Ocean Burst, Pure Ivory, Purple Wave, Red Dove, Snow Leopard, Stardust, Vanilla Sky, White Dove, White Knight, White Lightening, Blizzard, Bonzai Grow, Charge Plus, Charlie, Euphoria, Hurricane, Ocean, Pixie Dust, Posh, Scarface, Lovey Dovey, Aura, MDPV, MDPK, MTV, Maddie, Hurricane Charlie, Black Rob, Super Coke, PV, Peeve, Meph and MCAT. Drug means any form of a compound or material that is intended to affect the function of the body of humans. Drug paraphernalia means any object used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, or other illicit drugs or controlled substances into the human body including, but not limited to, the following: metal, wooden, acrylic, glass, stone, plastic or ceramic pipes (with or without screen, permanent screens, hashish heads or punctured metal bowls); water pipes; carburetion tubes and devices, smoking in carburetion masks; roach clips; miniature cocaine spoons and cocaine vials; chamber pipes; carburetor pipes; electric pipes; air driven pipes; chillums; bongs; ice pipes or chillers; provided, however, that the term shall not include devices that are necessary to ingest or inject prescription drugs. In determining whether an object is drug paraphernalia, the Citizen Code Board may consider any of the factors enumerated in Section 893.146, Florida Statutes. The definition set forth in Section 893.145, Florida Statutes, is hereby adopted. Herbal incense means any aromatic or non-aromatic plant material that is distributed in a loose, leafy, powder or granular form, or in compressed block(s) that can easily be crushed or ground into a powder or granular form, and can be placed into a pipe, cigarette papers or any other paraphernalia used for the purpose of ingesting by smoking, inhaling or other method of ingestion. Illicit synthetic drugs means and includes spice; synthetic cannabinoids, synthetic marijuana, bath salts, synthetic cathinones, synthetic stimulants and misbranded drugs. Misbranded drug means a drug that violations Section 499.007, Florida Statutes, including, but not limited to, drugs for which (1) the label is in any way false or misleading; (2) the label does not bear the name and place of business of the manufacturer, repackager, or distributor of the finished form of the drug; (3) the label does not bear adequate directions for use; or(4) the label does not bear adequate warnings against use. Product containing a synthetic alternative drug means any product containing a synthetic cannabinoid, stimulant or psychedelic/hallucinogen, as those terms are defined in the definitions set forth herein and, such as, but not limited to, the examples of brand names or identifiers listed in Exhibit "A" attached hereto and incorporated herein;provided, however, that the listed names are examples only. Spice/synthetic marijuana means any aromatic or non-aromatic plant material containing any compound defined in Section 893.03, Florida Statutes, and any aromatic plant material in granular, loose leaf or powder form, or in liquid or as a food additive, whether said compound has been sprayed, applied or otherwise added, and/or any other derivative of said compound that mimics the physiological effects of said compound, that is distributed in a loose, leafy, powder, crystal or granular form or in a compressed block(s) that can be crushed to result in a powder or 9 Strip passages are deleted. Underlined passages are added. #2012-0-12 granular form, that can be ingested by placing in a pipe, cigarette paper or any other paraphernalia used for the purpose of ingesting by smoking, inhaling or other method of ingestion or any laboratory-created compound that functions similar to the active ingredient in marijuana, tetrahyrdocannabinol (THC) including, but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analog (including isomers, esters, ethers, salts, and salts of isomers) containing a cannabinoid receptor agonist, such as, but not limited to, the examples of brand names or identifiers listed on Exhibit "A" attached hereto and incorporated here. Street names for these products include, but are not limited to: Bliss, Black Mamba, Bombay Blue, Fake Weed, Genie, Spice, Zohai, K2, K3, Smoke, Pot-Pourri, Buzz, Spice 99, Voodoo, Pulse, Hush, Mystery, Earthquake, Stinger, Ocean Blue, Serenity, Chronic Spice, Spice Gold, Spice Silver, Skunk, Mr. Nice Guy, Mr. Happy, K-3 Legal, Sence, Chill X, Earth Impact, Galaxy Gold, Space Truckin, Solar Flare, Moon Rocks, Aroma, Scope, Sky High, Atomic, G-20, Guerrilla Warfare, Makes Scents, g-13, Tiger Shark, California Dreams, Bullett, Mind Trip, Voodoo Child, Jazz Nightlights, Matrix, Hypnotiq, AK47, Maui Wowie, Cloud 9, Daylights, Joker, Dead Man Walking, Brain Storm, Soul Sence, Kush, Kush Mania, Dragons Fire, Lucid, Mad Hatter, Scooby Snax, D-ZL, OMG, Demon, Barely In, Pineapple Express, Hayze. The term includes any herbal-incense type stimulant or hallucinogen product, when the label is in any way false or misleading, or which does not contain a label specifying (1) the identity of the commodity and (2) the name and place of business of the manufacturer, packer or distributor. Synthetic psychedelic/hallucinogen means any compound that mimics the effects of any federally controlled Schedule I substances, including but not limited to, and quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analogy (including salts, isomers, esters, ethers and salts of isomers) containing substances which have a psychedelic/hallucinogenic effect on the central nervous system and/or brain, such as, but not limited to, the examples of brand names or identifiers listed on Exhibit "A" which is attached hereto and incorporated herein. Synthetic stimulant means any compound that mimics the effects of any federally controlled Schedule I substance such as cathinone, methacathinone, MDMA and MDEA, including, but limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analog (including salts, isomers, and salts of isomers) containing substances which have a stimulant effect on the central nervous system, such as, but not limited to, the examples of brand names or identifiers listed on Exhibit "A" which is attached hereto and incorporated herein. (b) Enforcement and Penalties. (1) Each violation of any of the provisions contained in this Section shall constitute a separate violation/offense and be subject to a separate penalty. (2) Any person found guilty, regardless of whether adjudication is withheld of any violation under this Section shall be liable for payment of the costs of prosecution and all investigative costs incurred, including but not limited to any costs for laboratory testing. 10 Strike-thfaugh passages are deleted. Underlined passages are added. #2012-0-12 (3) Code Enforcement Officer and the police department shall have primary enforcement responsibility for Sec. 12-5 (Smoking Devices/Paraphernalia Prohibited). If violations are enforced through code enforcement, the process shall be held in accordance with Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement), Article XXVII (Code Compliance Process) of the Code of Ordinances. (4) Any officer investigating an offense shall do so in accordance with the Code Enforcement Process referred to in Subparagraph (3) and in accordance with the penalties contained in Section 11-16 (Suspension or revocation of certificate of use), Article I (In General) of Chapter 11 (Business tax receipts and business regulations). Secs. 12-7 - 12-40. Reserved. 11 Strike4hfeugh passages are deleted. Underlined passages are added. #2012-0-12 EXHIBIT"A" 2010 8-Bali Aztec Gold Aztec Midnight Wind a Back Draft Bad 2 the Bone Tezcatlipoc Banana Cream Nuke Bayou Blaster Black Black Mamba Blueberry Hayze Blueberry Spicey Bombay Blue Buzz Bomb Nitro C4 Herbal Incense Caneff C3 Chill X Chronic Spice Cherry Bomb Citrus Colorado Chronic Cill Out D-Rail DaBlock Cosmic Blend Demon Diamond Black Dark Night II Dragon Spice Dream Diamond Spirit Earth Earthquake Dynamite New(black Euphoria package) exSES Eruption Spice EX-SES Platinum Blueberry EX-SES Platinum Cherry EX-SES Platinum EX-SES Platinum Vanilla Cinnamon Fire Bird Ultimate Strength EX-SES Platinum Strawberry Freedom Fully Loaded Forest Hummus Funky Monkey XXXX G Four Funky Monkey Genie Gold Spirit Spice G Greenies Caramel Crunch Greenies Strawberry Heaven Improved Green Monkey Chronic Salvia Humboldt Gold Improved K3 Kryptonite Heavenscent Suave Jamaican Gold Jamaican Gold K K1 Gravity K1 Orbit K2 K2 Amazonian Shelter K2 Blonde K2 Blue K2 Blueberry K2 Citron K2 Cloud 9 K2 Kryptonite K2 Latte K2 Mellon K2 Mint K2 Orisha Black Magic Max K2 Orisha Max K2 Orisha Regular K2 Orisha Super K2 Orisha White Magic Super K2 Peach K2 Pina Colada K2 Pineapple K2 Pineapple Express K2 Pink K2 Pink Panties K2 Sex K2 Silver K2 Solid Sec on the Mountain K2 Solid Sex on the Mountain K2 Standard K2 Strawberry K2 Summit K2 Summit Coffee Wonk K2 Thai Dream K2 Ultra K2 (unknown variety) K2 Watermelon K3 K3 Blueberry K3 Cosmic Blend K3 Dust K3 Grape K3 Heaven Improved K3 Heaven Legal K3 Improved New K3 K3 Kryptonite K3 Legal K3 Legal—Earth(Silver) K3 Legal—Original (Black) K3 Legal— Sea(Silver) K3 Legal— Sun(Black) K3 Mango K3 Original K3 Original Improved K3 Strawberry K3 Sun K3 Sun Improved K3 Sun Legal K3 XXX K4 K4 Bubble Bubble K4 Gold K4 Purple Haze K4 Silver 12 eke-threngh passages are deleted. Underlined passages are added. #2012-0-12 K4 Summit K4 Summit Remix Kind Spice Legal Eagle Legal Eagle Apple Pie Love Potion 69 Potpourri Gold Love Strawberry Magic Dragon Platinum Magic Gold Magic Salvia Magic Silver Magic Spice Mega Bomb Mid-Atlantic Exemplar Mid-Atlantic Exemplar(K2 Summit) Midnight Chill MNGB Almond/Vanilla MNGB Peppermint MNGB Pinata Colada MNGB Spear Mint Moe Joe Fire Mojo Mr. Smiley's MTh-787 Mystery Naughty Nights New Improved K3 New K3 New K3 Heaven New Ocean Blue Paradize p.e.p. pourri Love Strawberry p.e.p. pourri Original Spearmint p.e.p. pourri Twisted Vanilla p.e.p. pourri X Blueberry Pink Tiger Potpourri POW Pulse Rasta Citrus Spice Rebel Spice Red Bird Regular XXX Strawberry Royal Samurai Spirit Sativah Scope Vanilla SC •pe Wildberry Sea Improved New Sence Shanti Spice Shanti Spice Blueberry Silent Black Skunk Smoke Smoke Plus Space Spice Arctic Synergy Spice Diamond Spice Gold Spice Silver Spice Tropical Synergy Spicer Ultra Spicey Regular XXX Spicey XXX Spicey Ultra Spicy Ultra Strong Spicylicious Spike 99 Spike 99 Ultra Spike 99 Ultra Blueberry Spike 99 Ultra Cherry Spike 99 Ultra Strawberry Spike Diamond Spike Gold Spike Max Spike Silver Stinger Strong XXX Strawberry Strong XXX Vanilla Suave Summer Skyy Super Kush Suer Summit Swagger Grape SYN Chill SYN Incense Lemon Lime SYN Incense Smooth SYN Incense Spearmint SYN Lemon Lime #2 SYN Smooth SYN Spearmint SYN Spearmint#2 SYN Swagg SYN Vanilla SYN Vanilla#2 Texas Gold Time Warp Tribal Warrior Tropical Thunder Ultra Cloud 10 Unknown Cigarette Utopia Utopia—Blue Berry Voo Doo Remix(Orange ,acka.e Voodoo Child Voodoo Magic Voodoo Remix Who Dat Who Dat Herbal Incense Wicked X Winter Boost Wood Stock XTREME Spice Yucatan Fire Zombie World 13 Strike-thfough passages are deleted. Underlined passages are added. #2012-0-12 Sb AGENDA REQUEST C.A. #2012-143 Date: December 12, 2012 PUBLIC HEARING Jan 7, 2012 RESOLUTION Jan 7, 2012 ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: Resolution#2012-A-28 Modifying the Schedule of Fines, Fees, Costs and/or Penalties BACKGROUND: The Schedule of Fines, Fees, Costs and/or penalties needs to be modified to include new sections within the Code of Ordinances along with an option for a free garage sale permit if applied for online using the City website. There are also a few other changes included in the modifications. STAFF RECOMMENDATION: Staff recommends City Council approve Resolution#2012-R-28. ACTION REQUESTED: Motion to approve Resolution#2012-R-28. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO If so, DATE: AGENDA ITEM # Respectfully submitted, Concurrence: race, ° . Barlow Robin L. Matusick City anager Paralegal RESOLUTION NO. 2012-R-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, MODIFYING THE SCHEDULE OF FINES, FEES, COSTS AND/OR PENALTIES AND VARIOUS ADMINISTRATIVE FEES RELATING TO THE CITY OF EDGEWATER CODE OF ORDINANCES; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND APPLICABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. On September 24, 2012, Council adopted Resolution No. 2012-R-18 which incorporated annual modifications to various fees/costs, surcharges and administrative costs/fees relating to the Code of Ordinances, Land Development Code and various administrative costs/fees. 2. City Council approved Ordinance #2012-0-12 which created Section 12-5 (Smoking devices/paraphernalia) and Section 12-6 (Synthetic alternative drugs prohibited) of Chapter 12 (Offenses and miscellaneous provisions). These sections now need to be included in the Schedule of Fines, Fees, Costs and/or Penalties. 3. In an effort to improve working with our residents we are trying to encourage them to utilize the City website and obtain various services. If a resident wishes to obtain a garage sale permit they can now do so online at no charge. 4. The Schedule of Fines, Fees, Costs and/or Penalties (which is attached hereto and incorporated herein as "Exhibit "A") is being modified to reflect a few changes that have been incorporated herein. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. Modifying the Schedule of Fines, Penalties, Costs and Various Fees. Pursuant to the Code of Ordinances and Land Development Code, the schedule of fines, 1 #2012-R-28 fees, costs and/or penalties and administrative fees as set forth in Exhibit "A", attached hereto and incorporated by reference, is hereby established/modified and restated. Section 2. Conflicting Provisions. All resolutions or parts of resolutions in conflict are hereby repealed. Section 3. Severability and Applicability. If any portion of this resolution is for any reason held or declared to be 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 4. Adoption and Effective Date. The effective date of this Resolution shall be January , 2013. After Motion for approval by and Second by , the vote on this resolution was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter 2 #2012-R-28 PASSED AND DULY ADOPTED this day of January, 2013. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater Florida. Approved as to form and legality by: at a meeting held on this day of January, 2013 Aaron R. Wolfe,Esquire under Agenda Item No. 8 . City Attorney Doran, Sims, Wolfe&Kundid 3 #2012-R-28 CHAPTER 1 (GENERAL PROVISIONS) EXHIBIT "A" SECTION 1-8 - (GENERAL PENALTY; CONTINUING VIOLATIONS) CITY OF EDGEWATER SCHEDULE OF FINES, FEES, COSTS AND/OR PENALTIES THE FOLLOWING CAPTION RELATES TO ALL CITATIONS ISSUED BY THE CITY OF EDGEWATER POLICE DEPARTMENT, ANIMAL CONTROL OFFICE OR OTHER ASSOCIATED CITY DEPARTMENT AUTHORIZED TO ISSUE CITATIONS: The amounts shown in this Schedule include additional costs pursuant to Chapter 938, Florida Statutes ($3.00 Teen Court) • If there is a conflict between the amount established by this and the amount shown on the Notice to Appear, the lesser amount shall control. • The fine for any City Code or Ordinance violation not specifically listed shall be classified as a Class I offense and shall result in the applicable civil fine thereto. • Add to all fines, fees, costs and/or penalties as shown, the following: Add additional $15.00 to the amount shown if paid late, but before a capias issues. Add additional $25.00 to the amount shown if paid after a capias issues. Add additional $80.50 to the amount shown if paid after a capias is served. • Clerk of Court—Associated Fees/Court Costs All citations that are not paid directly to the City of Edgewater prior to the citation being delivered to the Clerk of Court for processing, may be charged an additional court costs charged by the Clerk of Court. Charges as follows: o An additional ten dollars ($10.00) above the citation amount, as may be amended by the Clerk of Court from time to time (charged to the City of Edgewater for Clerk of Court processing), and o An additional ten percent (10%) above the citation amount (Clerk's fee), as may be amended by the Clerk of Court. 4 #2012-R-28 Chapter 21 (Land Development Code) - Pursuant to Section 21-121.05 (Classification of Violations and a Schedule of Civil Fines, Penalties and/or Costs) of Article X (Code Compliance Process), Chapter 21 (Land Development Code), the following is hereby established in the following schedule. Any violation of any of the following provisions shall be classified and shall carry the corresponding civil fine prescribed in section 21-121.05. Any offense that is not specified shall be classified as a Class I offense and shall result in the applicable civil fine thereto. Classification of Violations and Civil Fines The following classifications of violations and corresponding civil fines shall be as follows: Classification First Offense Each Repeat Offense Class I $ 75.00 $ 150.00 Class II $ 150.00 $ 300.00 Class III $ 300.00 $ 500.00 Class IV Mandatory Court Appearance SCHEDULE OF CIVIL FINES Table I Code of Ordinances Chapter Statutory Title Classification/ Issuing and/or Reference Fines Authority Section and Costs Chapter Advertising Signs I CO/PD 3 Chapter Alcoholic Beverages, except I PD 4 4-2 §562.14 Sale only from licensed II PD premises (Unlawful sale of alcoholic beverages) 4-4 §877.03 Improper conduct upon II PD §856.011 licensed premises (Disorderly 4-5 §562.14 Hours of sale (Alcoholic II PD beverages) 4-8 Closing restrictions II PD 4-9 Set-ups II PD 5 #2012-R-28 4-11(a) Possession of open containers II PD in a public place 4-11(b) §316.1936 Possession of open containers II PD in vehicle Chapter Animal Services, except I ACO/PD 5 5-4 Interfering with Animal III ACO/PD Control Officer 5-18 §828.08 Poisoning or Trapping of III ACO/PD Animals 5-19 §828.12 Cruelty to Animals III ACO/PD §828.13 5-60 Dangerous Dogs III ACO/PD Unprovoked biting, attacking or IV wounding of a domestic animal ACO/PD Destruction or loss of property IV Chapter Boats, Docks and I PD 6 Waterways, except 6-31 §327.53 Marine sanitation II PD Chapter Building and Construction, I Or twice the 7 Fire Safety, except amount of the building permit fee,whichever is greater Sections within the Code that II identify a specific penalty which may be greater than fine Chapter Health, Sanitation, Property I 10 Maintenance and Code Enforcement except 10-6 Abandoned airtight containers II CO/PD ARTICLE Noise Pursuant to CO/PD II. Sec. 10-28 Sec. 10- Penalties 22 — 10- 28 6 #2012-R-28 10-169 Unsafe Structure II CO/PD 10-172 Unlawful Structure II CO/PD 10-173 Prohibited occupancy II CO/PD 10-215 Enclosures (Swimming Pools, II CO/PD Spas and Hot Tubs) 10-322 Electrical System Hazards II CO/PD Chapter Business Tax Receipts and II 11 Business Regulations 11-2 License required; issuance II CO/PD (Doing business without occupational license) 11-27 §538.04 Pawnbrokers, secondhand III CO/PD dealers - Records of transactions of pawnbrokers 11-63 Registration - Required III CO/PD (Peddlers/solicitors/itinerant merchants, permit required) 11-68 69 Loud noises and speaking III CO/PD devices (Sale by use of vehicle/noise in right-of-way) Chapter Offenses and Miscellaneous I PD 12 Provisions Smoking II armor CO/PD devices/paraphernalia pursuant to Section 11 16 Synthetic alternative drugs II and/or CO/PD prohibited pursuant to Section 11 16 Chapter Parks and Recreation I CO/PD 12.5 Chapter Streets and Sidewalks, I 15 except 15-2 §316.2035 Display or storage of goods II CO/PD §316.2045 restricted (Obstructing street or sidewalk) 15-5 Excavations in streets - Permit II CO/PD required 15-6 Public Protection II CO/PD 7 #2012-R-28 Chapter Traffic, except I PD 17 17-42 §316.1955 Handicap parking II PD §316.1957 §316.1958 §316.1959 Chapter Utilities and Services, except I CO/PD/ESD 19 Environmental Services Designee ("ESD") 19-4 Unlawful connections III CO/PD/ESD 19-19 Special provisions for II CO/PD/ESD temporary metering 19-22 Tampering with meters, tap, II CO/PD/ESD etc., unlawful 19-25.1 Cross Connections- II CO/PD/ESD Requirements 19-33 Unauthorized connections III CO/PD/ESD prohibited 19-37 Making or maintaining II CO/PD/ESD connections for disposal of certain substances prohibited 19-38 Acts or deposits of substances II CO/PD/ESD which impair, obstruct sewer flow prohibited 19-41 General discharge prohibitions II CO/PD/ESD 19-45 Specific pollutant limitations II CO/PD/ESD 19-63 Preparation of trash I CO/PD/ESD 19-66 Builders, building contractors II CO/PD/ESD and privately employed tree trimmers and tree surgeons 19-67 Transporting and disposing of II CO/PD/ESD solid waste 8 #2012-R-28 The Sections listed below relating to misuse of potable, well or reclaimed/reuse water by any person who does not contest a citation shall be fined the following: 1St Offense Warning Notice 2nd Offense Class I 3rd Offense Class II 4th Offense Class III 5th Offense Mandatory Court Appearance 19-93 Landscape irrigation schedules See list above CO/PD/ESD 19-94 General restrictions on water See list above CO/PD/ESD use 19-123 Required use of reclaimed See list above CO/PD/ESD water system 19-124 Limitations on use of See list above CO/PD/ESD reclaimed water 19-126 Ownership and maintenance See list above CO/PD/ESD of reclaimed water system 19-127 Prohibited activities and See list above CO/PD/ESD biennial inspections Chapter Vehicles for Hire, except I CO/PD/ESD 19.5 19.5-6 Business Tax Receipt and II CO/PD/ESD Certificate of Use required for business 19.5-12 Public liability insurance II CO/PD/ESD required 19.5-28 Issuance and contents of II PD permits Chapter Land Development Code I CO 21 Article Permitted, Conditional, I CO III Accessory and Prohibited Uses, except 21-37.01 Code specific CO thru Minimum civil 21-37.08 fine of class I 9 #2012-R-28 Article Resource Protection I CO IV Standards, except 21-41.03 Permit required (Wetland III CO alteration) Article Site Design Criteria, except I CO V 21-53.02 Stormwater Management II CO Requirements, Permit Authority 21-55.02 Tree Protection Requirements, II CO Tree Removal Permit required Article Sign Regulations I CO VI Article Applications Procedure I CO IX 21-102 Mining Permits Only III CO Article Reserved X Article Telecommunication Towers I CO XII Article Subdivisions I CO XIII Article Historic Preservation II CO XIV Article Fire and Hazard Prevention I CO XVI Article Indian River Boulevard I CO XVII Corridor Design Regulations Article Adult Entertainment I CO/PD XIX Article Ridgewood Avenue Corridor I CO XX Design Regulations SECTION 1-9 - (ADDITIONAL COURT COST FOR LAW ENFORCEMENT EDUCATION) Section 1-9(a): Court Costs pursuant to Section 318.18(11)(b), Florida Statutes: $3.00 Criminal Justice Education pursuant to Section 938.15, Florida Statutes: $2.00 Section 2-6 Dishonored check policy $25.00 or 5%whichever is greater 10 #2012-R-28 CHAPTER 5 (ANIMAL SERVICES) SCHEDULE OF FEES AND CIVIL PENALTIES FEES Section 5-21. Disposition of dead animals $20.00 Section 5-31. License/Tag Required (a) Fee— per calendar year $12.50 Pro-rated for first time purchaser after July 1st $ 7.50 (1) Sterilized animal $12.50 (2) Unsterilized animal $22.50 (b) Duplicate tag $ 7.00 (c) Administrative fee $ 2.50 Section 5-36. Breeding and Kennels Annual Breeder Permit Fee with required Inspection $150.00 Additional re-inspection Breeder facility fee $ 50.00 Section 5-41. Disposition of impounded animals Initial intake, registration, etc.: $35.00— 1st day fee Each additional day: $15.00/per day Surcharge for unlicensed animals $10.00 Section 5-60(e). Dangerous animal registration (a) Sterilized animal $100.00 (b) Unsterilized animal $150.00 Section 5-70(h): Animal Control Surcharge pursuant to Section 828.27(4)(b), $5.00 Florida Statutes. ANIMAL CONTROL - MISCELLANEOUS FEES Emergency Call-Out Fee - 31.60 per hour(minimum call-out of 3 hrs) Fee is for emergency call-out after normal business hours for an animal control officer to respond to a call. Return to Owner Fee's (Fee assessed for animals returned to owner prior to being impounded) (a) Licensed $10.00 (b) Unlicensed $20.00 11 #2012-R-28 ANIMAL SHELTER—MISCELLANEOUS FEES The Animal Shelter is currently being operated by a contracted veterinarian. In the event the City resumes operation of the Shelter, these fees will take effect. Adoption Fee: Cat $60.00 *base charge Dog $60.00 *base charge * The base charge may be increased or decreased based on shelter staff's evaluation of animal and/or other veterinary and associated expenses. Animal Microchipping Fee (including National registration) $30.00 base charge Boarding Charges: Initial intake, registration, etc.: $35.00— 1st day fee Each additional day: $15.00/per day CHAPTER 10 (HEALTH, SANITATION, PROPERTY MAINTENANCE AND CODE ENFORCEMENT) Section 10-97. Lien Against Property Section 10-97(d): Lien Inquiry/Reports: $30.00/parcel Article VIII. Vehicles Section 10-114: Same—Restoration & Permits—For Residential Properties Application fee: $50.00 Restoration permit: $25.00 annual renewal ARTICLE XXVII. Code Compliance Process Section 10-347. Administrative fines and fees. Code Enforcement reimbursement fees shall be equal to cost for the city to provide services plus administrative fees and any additional fines or fees assessed by the Board. Administrative fee shall be $65.00. CHAPTER 11 (BUSINESS TAX RECEIPTS AND BUSINESS REGULATIONS) ARTICLE IV. Peddlers, Solicitors, Canvassers and Itinerant Merchants Section 11-66.Fee Application Fee $30.00 Background Check (if not completed and on file for previous 12 months) $30.00 CHAPTER 12 (OFFENSES AND MISCELLANEOUS PROVISIONS) ARTICLE II GARAGE SALES Section 12-44. License and fees Garage/Yard Sale Permit Fees $ 5.00 per request, maximum of two per year per location (if obtained in person at City Hall) 12 #2012-R-28 $0.00—no charge if obtained on-line $25.00 per HOA or managed property, maximum of one per year $10.00 If permit is obtained after the Garage/Yard Sale ARTICLE III. FALSE ALARMS Section 12-62. Alarm Permit Required $50.00 Section 12-66. False Alarms - Service Charges Police Department - 1st False Alarm - (in excess of 3 in any 6 month period) $50.00 2nd False Alarm - (in excess of 3 in any 6 month period) $75.00 3rd False Alarm - (for the 3rd & each successive false alarm in excess of 3 in any 6 month period) $100.00 Fire/Rescue Services 1St False Alarm - (in excess of 3 in any 6 month period) $125.00 2nd False Alarm - (in excess of 3 in any 6 month period) $150.00 3rd False Alarm- (for the 3rd & each successive false alarm in excess of 3 in any 6 month period) $200.00 it 13 #2012-R-28 CHAPTER 19 (UTILITIES AND SERVICES) SCHEDULE OF COSTS/FEES Section 19-2. Utility deposits, service charges and transfer fees: It is the policy of the City to require a deposit for water, and sewer service as follows: Water Service The security deposit for water accounts based on the various meter sizes offered is as follows: 5/8" $50.00 1" $75.00 1-1/2" $100.00 2" $100.00 3" $100.00 4" $100.00 6" $100.00 8" $100.00 Wastewater(Sewer) Service The security deposit for wastewater accounts based on the various meter sizes offered is as follows: 5/8" $50.00 1" $75.00 1-1/2" $100.00 2" $100.00 3" $100.00 4" $100.00 6" $100.00 8" $100.00 In the event only wastewater service is furnished by the City and no water services, the deposit for the account will be determined by property use and the size of the meter typically used for that property classification. Additional Deposits In the event the utility service is disconnected for non-payment or has received 2 or more returned checks within a 12 month period, or insufficient utility credit score, the City may require a deposit(s) sufficient to cover at least 2 months of the previous average monthly billing to be paid. If such additional deposit is not made within 10 days, the City may disconnect services in accordance with policy. Deposit Payments Residential Accounts The customer will be billed for the deposit(s) and will have 10 days to pay said deposit(s). If the customer does not pay the deposit(s) within the 10 day period, utility services will be subject to disconnection. Installment arrangements may be made at the discretion of the City. An applicant for city water and sewer services will not be required to make a deposit when the applicant meets one of the following conditions: 1) Has an existing account with good credit standing with the City. Discontinuance of service for non-payment on an existing account will be treated as new applicants. 2) Any new customer establishing services will have their credit checked with their social security number as verified by the "On-Line Utility Exchange" or any other provider of similar services. The City will perform one credit check for each new account opened. Based on the results, the customer may or may not be required to pay a deposit. 14 #2012-R-28 The City will not transfer a deposit from one individual to another individual. Transfers of deposit(s) from one address to another address for the same individual will be made provided the account balance at the active service location is in a current status (outstanding balance is zero). If a customer transfers his or her deposit to an account within the system, the final bill on the old account, if delinquent, will be transferred to the current account for collection and the current account becomes subject to collections and disconnect procedures. Customers that are continuously delinquent are subject to an update of their deposit requirements. Commercial Accounts 1) The customer is required to pay the full deposit at the time the account is being established. 2) When the required combined total deposit exceeds $1,000, the applicant, at his or her option, may furnish in lieu of cash the following instruments; • A surety bond for the full amount required; OR • An irrevocable letter of credit satisfactory to the City for the full amount required. 3) In the event the above instruments mature, the City reserves the right to request cash (legal tender) for the required deposit. 4) Failure to comply with this requirement will result in discontinuance of service. Refund of Deposits For owner occupied accounts only, the City will credit the deposit to the customer's account when: 1. The customer has paid bills for the previous 36 consecutive residential billings without having service disconnected for non-payment; AND The deposits are refundable only to the customer whose name appears thereon. Customer Deposit Deposits are kept in a non-interest bearing account. Records of Deposit The City will keep records to show: • Name and address • Amount and date of deposit • Each transaction concerning deposit The City will issue a receipt of deposit to each applicant from whom a deposit is received. A record of each unclaimed deposit will be maintained and the City will make a reasonable effort to return the deposit. 15 #2012-R-28 Section 19-6. Payment of bills; service charges: Additional Postage Additional postage required for International mailing of utility bills will be added to the associated utility account. Water Rates - Monthly Base Charges by Meter Size Meter Size 3/4" $10.82 1" $13.53 1 1/4" $18.94 1 '/2" $27.05 2" $32.46 3" $43.28 4" $43.28 6" $43.28 8" $43.28 Master-Metered Per Equivalent Residential Unit(ERU): $ 9.74 Tiered Usage Charges Rate (in 1,000 gallons) $ 1.54 $ 4.39 $ 5.27 $ 6.85 Charges outside the City shall be in an amount equal to the equivalent charge for a corresponding connection inside the City limits plus a twenty-five percent (25%) surcharge or as allowed by applicable State Statutes, whichever is greater. County and City Interlocal Water and Wastewater Agreement Pursuant to an Interlocal Water and Wastewater Agreement executed on October 26, 1999, the City provides wholesale water service to the County with the County providing wholesale wastewater service to the City. Rates to be charged are pursuant to the Agreement and/or subsequent amendments. Section 19-12. Water impact fees and connection charges: See Section 21-325.07 for amounts specified for various water connection fees. Section 19-17. Extraordinary service calls (miscellaneous fees) Extraordinary service calls: Extraordinary service calls outside of regular maintenance, for example, locating the meter when 16 #2012-R-28 covered during sodding or filling on the property. The fee listed below plus the actual replacement costs shall be charged for meter damage caused by building or construction on the property or other causes to the utility bill. Meter bench test: $ 50.00 Service charges to establish account or transfer of services: $ 30.00 Service charge for all other miscellaneous services: $ 25.00 Restoration from termination of service for potable and/or reclaimed water: during normal working hours $ 25.00 after hours and weekends/holidays $100.00 Payment plan administration: $ 25.00 Section 19-19. Special Provisions for temporary metering. Fire Hydrant Meter Deposit $500.00 Section 19-25. Cross-connection—General policy: Backflow Device Testing/Bacteriological Testing: The required commercial backflow device testing shall be conducted by the City at required intervals as determined by the Director of Environmental Services or their designee based on the degree of hazard for a fee of fifty dollars ($50.00) per inspection and billed on the utility bill. When it is found that a cross connection exists that has been created by the customer, said customer shall be responsible for the cost of bacteriological testing required to clear the potable water lines for service. Each test shall be $50.00 for testing by City Laboratory or actual costs for outside laboratory testing. Section 19-34. Connection Charge: Wastewater Connection Charge: $175.00 Section 19-35. Wastewater utility service fees: Sewer Rates - Monthly Base Charges by Meter Size Meter Size 3/4" $12.78 1" $15.98 1 1/4" $22.37 1 '/2" $31.95 2" $38.34 17 #2012-R-28 3" $51.12 4" $51.12 6" $51.12 8" $51.12 Master-Metered Per Equivalent Residential Unit (ERU): $ 11.51 Usage Charges (in 1,000 gallons) all Customers: Consumption All Use Rate $ 5.03 Charges outside the City limits shall be in an amount equal to the equivalent charge for a corresponding connection inside the City limits plus a twenty-five percent (25%) surcharge or as allowed by applicable State Statutes, whichever is greater. Section 19-50. Fees. Industrial Pretreatment Program Industrial Pretreatment Program Initial Permit Fee: $50.00 Industrial Pretreatment Program Annual Permit Fee: $25.00 (includes annual inspection) Industrial Pretreatment Program: Inspection Fees: $25.00 (per inspection) Section 19-60. Refuse utility fees. A. Residential Refuse Services: all residential services include single family and multi- family residence; multiple dwelling; trailer park and mobile home park and shall be charged the following: $20.15 per month for collection and disposal per unit In addition to the fees listed above, each location that has more than three (3) cans for pickup shall be charged an additional $3.00 per can. B. Commercial Refuse Services: non-residential services include all types of business, commercial and professional establishments and shall be charged the following: $22.65 per month for collection and disposal per unit In addition to the fees listed above, each location that has more than three (3) cans for pickup shall be charged an additional $3.00 per can. C. Recycling Rates: All recycling which includes, but is not limited to: residential and commercial: $ 2.60 per month for collection and disposal per unit 18 #2012-R-28 D. Special Pickups: Special pickups of non-bundled yard trash will be assessed a $45.00 minimum charge for up to four (4) cubic yards. Each additional cubic yard will be charged $11.50. Section 19-82/19-83. Stormwater utility fee/Schedule: Charges per EDU will be eight dollars ($8.00)per month consists of a base fee of$4.40 per EDU applicable to all developed properties, plus an assessment fee of$3.60 per EDU applicable to all developed property. All commercial and non-residential property with site mitigation facilities will not pay the assessment fee. Section 19-97. Enforcement If there is a disconnection of reclaimed water service due to water conservation restrictions and/or violations, each customer will be assessed a thirty dollar ($30.00) re-connection fee for services. Section 19-130. Reclaimed water utility fees: Base Rate (0-25,000 gallons) $9.50 25,001 —35,000 gallons $0.31/1,000 35,001 +gallons $0.42/1,000 Chapter 19—Miscellaneous: a) Delinquency fee: A delinquency charge relating to the amount due for water, sewer, reclaimed, refuse and stormwater of five percent (5%) shall be charged if the customer has not paid the outstanding amount due within twenty (20) days of the billing date of said charges. Should there be a failure by the customer receiving services to not pay the bill in full for said services later than thirty (30) days from the billing date for said service, then said service shall be assessed an additional delinquency fee of thirty dollars ($30.00). If charges are not paid by the thirty-fifth (35th) day than services shall be terminated and shall not be reconnected after discontinuance until all past due bills are fully paid, together with said delinquency charges for past due bills. At no time shall service be disconnected for a balance less than fifty dollars ($50.00). b) Payment plans: At the discretion of the City a payment plan may be established for accounts that are currently disconnected or have a past due balance greater than three hundred dollars ($300.00). The monthly payment plan shall be for a period of no longer than six months and will be in addition to the normal monthly utility bill. There will be no waiver/reduction of the accrued delinquency charges and an additional administration fee of $25.00 will be charged for setting up and administering the payment plan. Upon establishment of the payment plan, agreement by the customer and receipt of the first payment then service can be restored. If a customer fails to complete the payment plan in full, the City shall be entitled to take all legal action permissible, including but not limited to, delivering the underlying utility lien to the county court for enforcement and/or forwarding this matter to a collection agency to secure payment. 19 #2012-R-28 Annual Review/Increase: There will be an annual increase of all fees/rates listed herein for water rates and sewer fees with the increase based on City Council direction received on November 7, 2011. Based on the approved Rate Study presented by Burton and Associates. There will be an annual review of all refuse fees. Annual increase will be based on the CPI (Energy Index ad of July) or by five percent (5%), whichever is less. There will be an annual review of all recycling fees. Annual increase will be based on the current contracted price for recycling of our provider plus all administrative cost. There will be an annual review of all stormwater fees. Annual increase will be based on the CPI (Energy Index as of July) or by five percent (5%), whichever is less. Said increase(s) will take effect on October 1, of each year. UTILITIES AND SERVICES—MISCELLANEOUS FEES WATER and SEWER Reserved Capacity per ERU Not connected within twelve (12) months of readiness to serve: Water $ 11.90/month Sewer $ 14.07/month Assessment District when water or sewer is deemed to be available: Water $ 11.90/month in City Sewer $ 14.07/month in City Charges outside the City shall be in an amount equal to the equivalent charge for a corresponding connection inside the City limits plus a twenty-five percent (25%) surcharge or as allowed by applicable State Statutes, whichever is greater. CHAPTER 21 (LAND DEVELOPMENT CODE) ARTICLE IX. Application Procedures Section 21-90.03 Application Fee Schedule DEVELOPMENT FEES PLANNING & ENGINEERING,APPROVALS & PERMITS APPLICATION FEES: Abandonment/Plat Vacation (Easement) $ 500.00 Abandonment/Plat Vacation (Right-of-way) $1,000.00 Address (1st- ten addresses) $ 25.00 per address - new Address (11th -20th addresses) $ 15.00 per address - new 20 #2012-R-28 Address (21st- 50th addresses) $ 10.00 per address - new Address (each additional address after 50) $ 5.00 each - new Annexation $ 250.00 Appeals $ 500.00 Comprehensive Plan Amendment Large Scale $ 750.00 Small Scale $ 500.00 Conditional Use Permit $ 250.00 De-annexation $2,500.00 Development of Regional Impact (DRI)—Application $2,000.00 DRI - Determination of Substantial Deviation $ 300.00 Mining Permits $ 200.00 Minor Replats/Lot Splits $ 200.00 includes two inspections $ 25.00 re-inspection Preliminary Record Plat and Construction Plan Approval Final Plat $1,000.00 Re-Plat $ 500.00 Preliminary Plat $ 200.00 Site Plan Approval (minor-staff review only) $ 500.00 Site Plan Approval (major-P&Z/Council review) $ 750.00 Special Activity (minor-staff review only) $ 100.00 per day Special Activity (major-council review) $ 200.00 per day Stormwater Plan Review $ 250.00 Street Name Change $ 175.00 Telecommunication Towers $ 500.00 Variance (administrative) $ 100.00 Variance (1 & 2 family residence,non-habitable structure) $ 150.00 Variance (all others) $ 500.00 Vested Rights Determination $1,000.00 Wetland Alteration Permit $ 100.00 Zoning Agreement Amendment $ 500.00 Zoning Map Amendment Planned Unit Development (PUD) $ 750.00 Other $ 500.00 applicant. *Any additional charges required by the City relating to administration, building or permitting shall be borne by the applicant. These fees may include, but are not limited to: engineering, recording, legal, advertisements, surveying and arborist (if applicable). DEVELOPMENT FEES CONSTRUCTION PERMITS BUILDING PERMIT FEES Building valuations shall be as per the latest issued building valuation published in the Building Safety Journal by the International Code Council. 21 #2012-R-28 Application Fee (non-refundable) 1 &2 Family Residences $200.00 Mobile Homes $ 50.00 Commercial $400.00 TOTAL VALUATION FEE $1,000 and less $40.00 MINIMUM $1,000 to $40,000 $40.00 for the first $1,000.00, $6.00 for each additional thousand or fraction thereof, to and including $40,000.00. $40,000 to $100,000 $274.00 for the first $40,000.01 plus $4.00 for each additional thousand or fraction thereof, to and including $100,000.00. $100,000.01 to $500,000 $510.00 for the first $100,000.01 plus $3.00 for each additional thousand or fraction thereof, to and including $500,000.00. $500,000.01 and up $1,707.00 for the first $500,000.01 plus $2.00 for each additional thousand or fraction thereof DEMOLITION FEES For the demolition of any building or structures, the fee shall be: $0.15 per square foot of building under roof/footprint DRIVEWAY PERMITS $50.00 includes one inspection $25.00 re inspection ELECTRICAL FEES Before a permit is issued for any electrical work or installation for which a permit is required, fees in accordance with the table below shall be paid. Base $ 40.00 250 Amp $ 80.00 100 Amp $ 50.00 300 Amp $ 95.00 125 Amp $ 60.00 400 Amp $ 125.00 150 Amp $ 70.00 Temporary Pole $ 40.00 200 Amp $ 75.00 Swimming Pools $ 40.00 Signs $ 40.00 EXCAVATION/LANDFILL Placement or removal of 40 cubic yards or less $ 50.00 Placement or removal over 40 cubic yards $100.00 22 #2012-R-28 FENCE PERMIT $40.00 for 1St $1,000.00 of value. $6.00 for each additional $1,000.00. FIRE PROTECTION FEES Pre-engineered hood system/other pre-engineered $ 50.00 Fire sprinkler system Base $ 20.00 Standpipe $ 10.00 each Head 1.00 each Fire alarm system Base $ 20.00 Pull station $ 5.00 each Detection device $ 5.00 each GAS PERMIT FEES Base $ 40.00 Per outlet charge $ 5.00 MANUFACTURED/MOBILE HOME PLACEMENT Base $250.00 Double Wide $275.00 Electrical $ 40.00 Triple Wide $300.00 Plumbing $ 40.00 Mechanical $ 40.00 MECHANICAL PERMIT FEES Before a permit is issued for any mechanical work or installation for which a permit is required, a fee or fees, in accordance with the table below, shall be paid. Base up to $1,000.00 $40.00 Each additional $1,000 or fraction thereof $ 7.00 MOVING FEES For the moving of any building or structure,the fee is as follows: Building 1,000 square feet or less $200.00 Building over 1,000 square feet $400.00 OTHER USE PERMIT Working in Public Right of Way $ 50.00 RIGHT-OF-WAY USE PERMIT $50.00 $25.00 re-inspection fee PLUMBING PERMIT FEES Before a permit is issued for any plumbing, sewer, or drainage work or installation for which a permit is required, a fee or fees, in accordance with the table below, shall be paid. 23 #2012-R-28 Fee for permit $40.00 Per fixture charge 5.00 Fire sprinkler system connected to City water supply 7.00 Fire stand pipe lines, Siamese, roof manifold lines 2.00 Each outlet, sprinkler head 1.00 Sprinkler or irrigation system $25.00 24 #2012-R-28 SIGN PERMIT FEES Each application for a sign permit for a sign containing no electrical wiring or lighting shall be accompanied by a fee in the amount of twenty dollars ($20.00) for the first five (5) square feet, or fraction thereof, of the advertising display area of the sign and two dollars ($2.00) for each additional square foot, or fraction thereof, of such area. For a sign containing electrical wiring or lighting, there shall be an additional fee as required by the Edgewater Electrical Code. STORMWATER CONSTRUCTION/MODIFICATION PERMIT * $50.00 per unit for residential $250.00 or$50.00 per acre for commercial projects (whichever is greater) $25.00 re-inspection fee * This fee shall not apply to any new or existing construction that paid for a site planistormwater site plan review application fee or any other permit plan review fee for construction of the same project. SWALE MODIFICATION/EYFILTRATION SYSTEM $50.00 (includes one inspection) .. - - -- SWIMMING POOL FEES Residential Pools: Pools without enclosure $ 100.00 Pools with enclosure $ 150.00 Commercial Pools: Pools without enclosure $200.00 Pools with enclosure $250.00 Above Ground Pools: $ 40.00 TEMPORARY PERMIT FOR STAGE/PLATFORM/BLEACHER/ETC. $50.00 TENT $50.00 TREE REMOVAL PERMITS: SPECIMEN $25.00 per 1 & 2 family lots $75.00 per multi-family& non-residential HISTORIC $5.00/square inch PENALTIES Any person who commences any work on a building structure, fence, sign, driveway, electrical, gas, mechanical, stormwater or plumbing system before obtaining the necessary permits, shall be subject to a penalty of 200% of the usual permit fee in addition to the required permit fees. REINSPECTION At any time building inspection personnel are obligated to reinspect any building or premises, mobile home lot or mobile home within the City to ascertain compliance with the codes as adopted by the City regarding building, electrical, plumbing, mechanical, gas, stormwater systems and other, a reinspection fee of twenty-five dollars ($25.00) shall be levied for said reinspection and increases of twenty-five dollars ($25.00) shall be added for each additional reinspection. 25 #2012-R-28 AFTER HOUR INSPECTION (Inspections requested of city inspectors beyond normal working hours. After hour inspection fees from consultants/engineer will be based on fees established by said consultant/engineer): $50.00 per hour with a 2-hour minimum. LIFE SAFETY PLANS-CHECKING FEE When plan and associated documents require additional plan checking by Fire-Rescue personnel, the following fees shall be assessed: Fire flow calculation $25.00 Building Construction $0.35 per$1,000 of valuation, max. $92.00 Fire alarm system $4.00 per $1,000 of valuation, max $92.00 Fire sprinkler system $4.00 per $1,000 of valuation, max $92.00 Fuel tank installation $4.00 per $1,000 of valuation, max $118.00 Underground fuel tank $4.00 per $1,000 of valuation, max $116.00 All others $35.00 base plus $4.00 per$1,000 of value *Engineering Fees shall be paid by the applicant *All Recording Fees shall be paid by the applicant *Any additional charges required by the City relating to administration, building or permitting shall be borne by the applicant. These fees may include, but are not limited to: engineering, recording, legal and surveying. Plans Review for Buildings: New Construction, and Renovation; Fees A fee for plan review shall be charged to recover a portion of the costs of this service. This fee shall be calculated by building use, as found in the Florida Building Code, and shall be calculated on the basis of square footage. This fee shall be paid at the Edgewater City Hall at the time of submission of the plan(s). The fees shall be as follows: (a) Assembly $0.0025/sq.ft. (b) Business $0.001/sq.ft. (c) Educational $0.0025/sq.ft. (d) Factory/Industrial $0.005/sq.ft. (e) Hazardous $0.0075/sq.ft. (f) Institutional $0.0025/sq.ft. (g) Mercantile $0.001/sq.ft. (h) Residential $0.0025/sq.ft. (i) Storage $0.002/sq.ft. (j) Mixed This section with the highest level of life safety risk shall determine the rate for the entire building Exception: Reviews of an automatic fire suppression systems plans protecting an entire building(s) and its contents, and installed in accordance with the requirements of the appropriate N.F.P.A. Standard, shall be exempt from plans review fees charged in the previous sections. Specialty Plan Review Fees A fee for plan(s) review of unusual or atypical projects shall be charged to recover a portion of the costs of this service. Examples of these types or structures or projects would include, but not be limited to: fuel tank farms, outdoor materials storage, etc. The fees will be calculated as 26 #2012-R-28 follows: 1. $0.0025 per square foot of improved area ARTICLE X. Boat Slip Allocation TYPE OF ALLOCATION FEE Excess Boat Slip Allocation Permit 1. Reservation and extension fee, per slip per year $100.00 2. Single family residence application fee, per slip $250.00 3. Multi-family residence application fee, per slip $1,000.00 4. Commercial boat slip application fee, per slip $1,000.00 Excess Boat Slip Annual Use Renewal Fee/Year 1. Single family residence, per slip $25.00 2. Multi-family residence,per slip $100.00 3. Commercial boat slips, per slip $250.00 ARTICLE XVI. Fire and Prevention - Section 21-230.03 Burn Permits $75.00 ARTICLE XVII. Development/Impact Fees 21-310.04 - Pedestrian System Development Fee Schedule PEDESTRIAN SYSTEM DEVELOPMENT FEE SCHEDULE Street/Roadway Minimum Pedestrian/Sidewalk Development Fee Per Classification Width Linear Foot Local 4 feet $10.36 Collector 5 feet $12.96 Arterial 6 feet $15.55 21-311.04 - Tree Relocation Fee Schedule and Replacement Tree Fee Schedule Determination of the bond amount and the tree replacement contribution shall be computed based upon the most current version of the Guide for Plant Appraisal, published by the International Society of Arboriculture. 21-311.05 - Payment in Lieu of Tree Replacement Payment shall be $5.00 per square inch of required mitigation in lieu of tree replacement. 27 #2012-R-28 21-320.03 Recreational Parks and Open Space Impact Fee Schedule RECREATIONAL PARKS AND OPEN SPACE IMPACT FEE SCHEDULE LAND USE TYPE FEE AMOUNT RESIDENTIAL Single Family Detached 2 Bedroom or less $ 571.84 3 Bedroom $ 612.11 4 Bedroom or more $ 757.09 Single Family Attached 2 Bedroom or less $ 378.55 3 Bedroom or more $ 676.55 Multi-Family 2 Bedroom or less $ 434.92 3 Bedroom or more $ 716.81 Mobile Home 1 Bedroom or less $ 298.01 2 Bedroom $ 451.03 3 Bedroom or more $ 636.27 Hotel or Motel Per Room $ 459.09 21-321.03 - Fire Protection and EMS Impact Fee Schedule FIRE PROTECTION AND EMS IMPACT FEE SCHEDULE Land Use Development Calls/Unit Net Net Unit Cost/Call Cost/Unit Single-Family/Mobile Dwelling/Unit/ 0.200 $1,652.53 $330.51 Home/Hotel Room Multi-Family Dwelling 0.087 $1,652.53 $143.77 R/V Park Pad Site 0.00 $1,652.53 0.00 Retail/Commercial 1,000 sq.ft. 0.146 $1,652.53 $241.27 Office/Institutional 1,000 sq.ft. 0.100 $1,652.53 $165.25 Industrial/Warehouse 1,000 sq.ft 0.007 $1,652.53 I $ 11.57 28 #2012-R-28 21-322.03 - Police Impact Fee Schedule POLICE IMPACT FEE SCHEDULE Land Use Development Functional Net Net Unit Unit Cost Cost/Unit Single-Family/Detached * Dwelling 1.46 $92.32 $150.66 Single-Family/Attached Dwelling 1.08 $92.32 $111.45 Duplex/Apartment/ Dwelling 0.97 $92.32 $100.10 Condominium Mobile Home or R/V Park Pad Site 0.80 $92.32 $ 82.55 Hotel/Motel Room 2.21 $92.32 $228.06 Retail/Commercial 1,000 sq.ft. 3.25 $92.32 $335.38 Office/Institutional 1,000 sq.ft. 1.96 $92.32 $202.27 Industrial/Warehouse 1,000 sq.ft. 1.16 $92.32 $119.72 * Includes mobile homes on single lots. 21-323.03 - Transportation/Road Impact Fee Schedule TRANSPORTATION/ROAD IMPACT FEE SCHEDULE ITE Use Unit Trip Trip % New FEE PER Code Rate Length Trips unit (or) 1,000 s.f. Residential 210 Single Family DU 9.21 4.53 100.00 $1,426.17 220 Apartment DU 6.46 4.77 100.00 $1,053.97 230 Residential DU 5.94 3.45 100.00 $701.46 Condominium/Townhouse 240 Mobile Home Park DU 4.86 3.32 100.00 $551.95 310 Hotel Rooms 8.72 4.78 72.65 $1,035.53 320 Motel Rooms 6.28 3.47 77.63 $577.48 620 Nursing Home Beds 2.65 2.00 88.50 $160.17 29 #2012-R-28 Office and Financial 610 Hospital 1,000 sf 15.78 3.92 81.60 $1,727.69 710 Office under 10,000 sf 1,000 sf 19.45 4.18 93.62 $2,602.02 710 Office over 10,000 sf 1,000 sf 12.72 4.04 94.35 $1,658.47 714 Corporate headquarters 1,000 sf 7.72 3.37 93.00 $826.49 building 720 Medical Office 1,000 sf 36.48 3.72 87.70 $4,067.95 750 Office Park 1,000 sf 15.01 5.63 82.00 $2,367.76 760 Research Center 1,000 sf 7.11 4.77 87.00 $1,007.14 770 Business Park 1,000 sf 16.87 4.69 81.80 $2,212.37 911 Bank w/out Drive-through 1,000 sf 153.98 1.71 35.80 $3,219.60 912 Bank w/Drive-through 1,000 sf 291.04 1.83 51.52 $9,364.76 Industrial 110 Light Industry 1,000 sf 6.98 4.68 93.20 $1,039.78 130 Industrial Park 1,000 sf 8.26 4.99 92.00 $1,295.11 140 Manufacturing 1,000 sf 3.82 4.68 93.60 $571.06 150 Warehouse 1,000 sf 4.95 4.59 92.00 $717.14 151 Mini-Warehouse 1,000 sf 2.52 2.99 93.20 $240.02 Retail 812 Building Materials and 1,000 sf 32.88 4.16 69.80 $3,263.20 Lumber Store 30 #2012-R-28 816 Hardware/Paint Store 1,000 sf 51.29 6.56 74.00 $8,504.85 820 Retail, less than 10,00 sf 1,000 sf 144.40 1.39 51.25 $3,505.39 820 Retail, 10,000 - 99,999 sf 1,000 sf 73.50 1.47 60.50 $2,237.32 820 Retail, 100,000 - 1,000,000 sf 1,000 sf 27.67 2.17 84.00 $1,722.18 820 Retail, Greater than 1,000,000 1,000 sf 29.18 2.81 86.00 $2,407.73 sf 831 Quality Restaurant 1,000 sf 95.63 2.22 77.80 $5,642.08 821 High-Turnover Restaurant 1,000 sf 148.84 2.11 75.35 $8,089.22 834 Fast Food Restaurant 1,000 sf 552.12 1.43 58.04 $15,708.53 CBC Sandwich Shop 1,000 sf 19.30 4.05 100.00 $2,674.51 836 Bar/Lounge/Drinking Place 1,000 sf 130.34 3.17 72.00 $10,177.50 837 Quick Lube Bays 41.69 2.56 71.13 $2,592.89 840 Auto Care/Detailing 1,000 sf 35.76 2.39 74.32 $2,169.54 841 New and Used Car Sales 1,000 sf 37.20 3.21 78.80 $3,215.15 847 Car Wash 1,000 sf 129.60 1.66 69.00 $5,066.84 849 Tire Store/Auto Repair Bays 30.55 2.09 70.70 $1,544.99 850 Supermarket 1,000 sf 112.18 1.67 53.00 $3,401.67 851 Convenience Store 1,000 sf 755.56 1.02 40.66 $10,727.68 853 Convenience Store w/Gas 1,000 sf 793.28 1.18 28.63 $9,169.39 Pumps Convenience Store w/Gas 1,000 sf 940.20 1.91 32.67 $20,027.14 Pumps and Fast Food 31 #2012-R-28 862 Home Improvement Store 1,000 sf 38.13 3.09 50.00 $2,013.84 881 Pharmacy/Drugstore w/Drive 1,000 sf 89.89 1.74 41.33 $2,203.72 Through 890 Furniture Store 1,000 sf 4.81 4.06 59.12 $395.00 Recreational General Recreation Parking 3.02 4.43 95.00 $434.17 Space 411 City Park Parking 14.23 2.84 96.67 $1,334.59 Space 412 Major Park Parking 2.11 4.05 100.00 $292.40 Space 416 Campground/RV Park Space 3.90 4.55 77.00 $466.58 420 Marina Slip 2.97 5.77 94.67 $555.20 Major Sports Facility Parking 2.10 3.63 100.00 $260.85 Space Miscellaneous 444 Movie Theater Screens 124.48 1.89 82.12 $6,593.92 560 Church 1,000 sf 9.11 2.97 90.00 $832.20 565 Day Care 1,000 sf 75.13 1.55 73.32 $2,914.99 Airport Hanger 1,000 sf 4.96 8.36 92.00 $1,303.30 Veterinary Clinic 1,000 sf 32.80 1.77 70.00 $1,389.24 21-325.01 - Water Capital Charges A water capital charge is hereby established at $ 7.90 per gallon of potable water capacity or $1,612.43 (one thousand six hundred twelve dollars and 43/100) per equivalent residential unit (ERU). Those persons, corporations or entities who or which have entered into an agreement with the City providing credits against the water capacity charges shall be exempt from paying this water capital charge. 32 #2012-R-28 21-325.06 - System Design; Independent Engineers; City's Engineer Fees for the City Engineer's review/comments on engineering plans relating to all system design shall be borne by each developer. Said developer shall pay all costs incurred for review and comments related to said review. 21-325.07 - Meter Installation and Connection Fees METER INSTALLATION AND CONNECTION FEES FEE TYPE AMOUNT Reclaimed Meter Installation Fee 1 inch $ 650.00 Meter Installation Fee 3/4 inch $ 556.96 Meter Installation Fee 1 inch $ 724.05 Meter Installation Fee 1.5 inch $ 946.84 Meter Installation Fee 2 inch $1,519.40 turbine meter Meter Connection Fee 3 inch $1,936.01 turbine meter Meter Connection Fee 4 inch $3,751.71 turbine meter Meter Connection Fee 6 inch $4,126.00 turbine meter Meter Connection Fee 8 inch $7,024.44 turbine meter Meter Connection Fee 10 inch $9,907.29 turbine meter Meter Installation Fee 2 inch $2,234.55 compound meter Meter Connection Fee 3 inch $2,860.57 compound meter Meter Connection Fee 4 inch $4,504.73 compound meter Meter Connection Fee 6 inch $8,285.41 compound meter 21-325.08 - Inspection Fees All facilities proposed for transference to the City for ownership, operation and control shall be inspected to insure all construction/installation was in accordance with approved designs, Standard Construction Details, etc. Inspection fees shall be borne by each developer with all 33 #2012-R-28 costs being reimbursed to the City as determined by the City's consulting engineer. 21-325.12 - Water Capital Charges for Consumers Outside City Limits All consumers located outside the corporate limits of the City shall be charged the applicable water capital charges required to be paid by all City residents along with a twenty-five percent (25%) surcharge as allowed by applicable State Statutes. 21-327 Sewer Capital Charges A sewer capital charge is hereby established at $12.78 per gallon of wastewater capacity or $2,226.69 (two thousand two hundred twenty six dollars and 69/100) per ERU. Those persons, corporations or entities who or which have previously prepaid the existing sewer capacity charges shall be exempt from paying this sewer capital charge (i.e. Florida Shores assessment area). For the purpose of calculating and imposing non-residential water and sewer capital charges, the following ERU conversion ratios may be utilized as a reference: WATER& SEWER CAPITAL CHARGES ESTABLISHMENT UNIT ERU FACTOR Residential: Single-family detached per dwelling unit 1.0 Duplex per dwelling unit 1.0 Multi-family per dwelling unit 1.0 Mobile home per dwelling unit 1.0 Commercial: Shopping center& retail shopping per 1,000 sq.ft. gross 0.5 Office building (add food service &retail space) per 1,000 sq.ft. gross 0.4 Auditorium per seat 0.02 Laundry, self-service per machine 1.4 Barber/beauty shop per operating station 0.333 Bowling alley per lane 0.333 Theater per seat 0.02 Dinner theater per seat 0.1 Trailer Park (overnight) per space 0.833 Dentist's office per dentist 1.0 Dentist's office per wet chair 0.667 34 #2012-R-28 Doctor's office per doctor 1.0 Hospital per bed 0.833 Nursing home per bed 0.5 Automotive service and/or detailing facility per bay 1.0 Automotive care per wash bay 3.2 Automotive care per public restroom 1.5 Convenience store/self service gas pumps per public restroom 1.5 Industrial building (not including food service of industrial waste flows) Without showers per 1,000 sq.ft. 0.4 With showers per 1,000 sq.ft. 1.25 Hotel or motel per room 0.5 (not including food service, banquet and meeting rooms, and laundries calculated separately) Church per seat 0.02 Warehouse per 1,000 sq.ft. 0.75 Grocery store per 1,000 sq.ft. gross 0.75 Food service: Restaurant/cafeteria per seat 0.1 Restaurant (24 hours) per seat 0.185 Restaurant (fast food) per seat 0.1 Bar/cocktail lounge per seat 0.1 Schools, middle & high per student 0.075 Schools, elementary & nursery per student 0.033 21-327.06 - System Design; Independent Engineer; City's Engineer Fees for the City Engineer's review/comments on engineering plans relating to all system design shall be borne by each developer. Said developer shall pay all costs incurred for review and comments related to said review. 21-327.07 -Inspection Fees All facilities proposed for transference to the City for ownership, operation and control shall be inspected to insure all construction/installation was in accordance with approved designs, etc. Inspection fees shall be borne by each developer with all costs being reimbursed to the City as 35 #2012-R-28 determined by the City's consulting engineer. 21-327.11 - Sewer Capital Charges for Consumers Outside City Limits All consumers located outside the corporate limits of the City shall be charged the applicable sewer capital charges required to be paid by all City residents along with a twenty-five percent (25%) surcharge as allowed by applicable State Statutes. CITY OF EDGEWATER ADDITIONAL ADMINISTRATIVE FEES/COSTS 1. PERSONNEL Any personnel costs to be charged for special events, activities, call-outs shall be tabulated by the Personnel Department and shall include the salary of the employee assigned along with all benefits charged and paid by the City along with any associated vehicle and/or equipment charges. 2. EQUIPMENT COSTS Any City owned equipment used in any special events, activities, call-outs and code enforcement actions or any other activities shall be charged based on the most current FEMA Schedule of Equipment Rates along with a ten percent (10%) administration fee and a thirty percent (30%) mobilization/demobilization fee. 3. LEISURE SERVICES Rental Fees Ballfield without lights $35.00 per hour Ballfield with lights $65.00 per hour *** Note - Programs operated by the Leisure Services Department are seasonal, therefore, fees for events and other programs will be set by staff of the Leisure Services Department based on the event/program costs. Rental of ballfields for school activities may be negotiated between both parties to provide a serviceable rate. Hawks Park Amphitheater Time Non-Profit Rate For Profit Rate Up to 4 hours $250.00 $400.00 Per Day $500.00 $700.00 4. MISCELLANEOUS FEES: Storage fee— $10.00 per day This fee is for any item abandoned, found, and/or located on City right-of-way or easement areas that have been removed by the City and stored by the City (does 36 #2012-R-28 not include forfeiture/impoundment fee). - • •: -• . • -- . - . .-:itional fines or fees assessed by the-Bow• Administrative fee shall be $25.00. 5. POLICE DEPARTMENT Funeral/Miscellaneous Escorts $100.00 per escort Outside Details/Security $ 56.00 per officer per hour(includes vehicle) Fingerprinting $ 10.00 for two cards or less $ 10.00 each additional Vehicle Impoundment fee $ 27.00 per day (does not include civil penalties) (for vehicles stored on City property) 6. FINANCE DEPARTMENT Garage/Yard Sale Permit Fees $ 5.00 per request, maximum of two per year per location (if in person) ' . 11 - - - - $25.00 per HOA or managed property, maximum of one per year If permit is obtained after the Garage/Yard Sale. the fee is double the original permit fee Payments made by telephone $ 5.00 per transaction for any City payments (utilities, building permits, licenses, etc) 7. CITY CLERK Peddlers, Solicitors, Canvassers and Itinerant Merchants $28.94 per application Miscellaneous charges for copies: Single-sided copies, up to 81/2" x 14" .15 each Double-sided copies, up to 8 '/2" x 14" .20 each Single-sided copies, up to 11" x 17" .50 each Double-sided copies, up to 11" x 17" .75 each Larger size copies Based on actual cost of duplication Certified copy of a public record $1.00 per page in addition to actual copy cost Duplicate audio tape $5.00 Duplicate CD or DVD $5.00 Duplicate audio tape (citizen provided tape) No charge unless extensive clerical assistance is required Duplicate CD or DVD (citizen provided) No charge unless extensive clerical assistance is required Duplicate video tape Based on actual cost of duplication Reprints of photographs Based on actual cost of duplication Facsimile Transmission $1.00 per faxed page Note: Additional charges will be added to cover the cost of postage and packaging if necessary. 37 #2012-R-28 §119.07(1)(b), Florida Statutes, provides: "If the nature or volume of public records requested to be inspected, examined, or copied is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved, or both, the agency may charge, in addition to the actual cost of duplication, a special service charge, which shall be reasonable and shall be based on the cost incurred for such extensive use of information technology resources or the labor cost of the personnel providing the service that is actually incurred by the agency or attributable to the agency for the clerical and supervisory assistance required, or both." 38 #2012-R-28 AGENDA REQUEST Date: December 12, 2012 PUBLIC HEARING RESOLUTION 1/7/2013 ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: Resolution No. 2012-R-29 authorizing staff to request a reduction of the Annual Wastewater Regulatory and Surveillance Fee from the Florida Department of Environmental Protection(FDEP). BACKGROUND: Section 218.075, Florida Statutes, allows the reduction in permit processing fees for municipalities with a population of 25,000 or less and that have a per capita taxable value that is less than the statewide average for the fiscal year. The City of Edgewater qualifies for the permit fee reduction and a request can be made to the FDEP to reduce the fee from $5,625 to $100. STAFF RECOMMENDATION: Approval of Resolution No. 2012-R-29 ACTION REQUESTED: A motion to approve Resolution No. 2012-R-29 FINANCIAL IMPACT: (Finance Director) $100 (vs. $5,625) (440-4040-535.49-10) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO XX Jr h. J McKinney, Finance Direct r PREVIOUS AGENDA ITEM: YES NO XX If so, DATE: AGENDA ITEM# Respectfully submitted, Concurrence: / Brenda L. Dewees Robin L. Matusick Director of Environmental Services Paralegal rac- ' . Barlow Cit anager RESOLUTION NO.2012-R-29 A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA, REQUESTING A REDUCTION OF THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) ANNUAL WASTEWATER REGULATORY AND SURVEILLANCE FEE FOR 2013; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND APPLICABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to the requirements contained in Chapter 218, Florida Statutes, the City of Edgewater is hereby authorizing Staff to request a reduction of the Annual Wastewater Regulatory and Surveillance Fee for 2013 with the Florida Department of Environmental Protection("FDEP"), and; WHEREAS, upon review by FDEP and approval, the fee which is normally $5,625.00 can be reduced to $100.00. NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida: Section 1. The City Council hereby authorizes staff to request a reduction of the Annual Wastewater Regulatory and Surveillance Fee for 2013 with the Florida Department of Environmental Protection("FDEP"). Section 2. Conflicting Provisions. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. Severability. If any portion of this resolution is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this resolution. If this resolution or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person,property or circumstance. 2012-R-29 1 Section 4. Adoption and Effective Date. This resolution shall take effect upon adoption. After Motion to approve by with Second by the vote on this resolution held on January , 2013,was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter PASSED AND DULY ADOPTED this day of January, 2013. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater Florida. Approved as to form and legality by: at a meeting held on this day of January,2013 Aaron R.Wolfe,Esquire under Agenda Item No. 8 City Attorney Doran,Sims,Wolfe&Kundid 2012-R-29 2 STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION Bureau of Finance& Accounting 0. A P.O.Box 3070 r� a_s Tallahassee,FL 32315-3070 �$;':" ' - : Annual Wastewater Regulatory and Surveillance Fee INVOICE NO: 22218 ' °' 2013 DATE: 12/3/2012 Accounting Information Object Code:002205 Org code:37 35 10 10 000 Expansion Option:TA FLAIR Code:37202526001373504000000020000 Facility Key# 11135 DEWEES,BRENDA EDGEWATER,CITY OF PO BOX 100 EDGEWATER,FL 32132-0100 FACILITY ID FACILITY NAME INVOICE AMOUNT FL0021431 EDGEWATER,CITY OF $5,625.00 Invoice amount represents only current year fee assessment. This fee is assessed pursuant to Rule 62-4.052, Florida Administrative Code,and is due January 15,2013. If you have questions concerning this invoice,call the Wastewater Compliance Evaluation Section at(850)245-8567. cc:DEP CD District Office PLEASE DETACH THIS PORTION OF THE INVOICE AND RETURN WITH YOUR PAYMENT INVOICE NO: 22218 DATE: 12/3/2012 PAY ONLINE AT : WWW.FLDEPPORTAL.COM or MAIL TO : BUREAU OF FINANCE AND ACCOUNTING P.O.BOX 3070 TALLAHASSEE,FL 32315-3070 MAKE ALL PAYMENTS PAYABLE TO : FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FACILITY ID FACILITY NAME INVOICE AMOUNT REMIT AMOUNT FL0021431 EDGEWATER,CITY OF $5,625.00 $ Accounting Information Object Code:002205 Org code:37 35 10 10 000 Expansion Option:TA FLAIR Code:37202526001373504000000020000 Facility Key# 11135 401,00 lopi Florida Department of Rick Scott Governor i 'le Environmental Protection Bob Martinez Center Jennifer Carroll .r Lt. Governor � 'F`1v );®f l:'r,, , 2600 Blair Stone Road Herschel T. Vinyard,Jr. Tallahassee,Florida 32399-2400 Secretary TO: NPDES Wastewater Permit Holders FROM: Michael Tanski, Program Manager Wastewater Compliance Evaluation Section DATE: December 1, 2012 SUBJECT: 2013 Wastewater Annual Fee Enclosed is an invoice for the 2013 Annual Regulatory Program and Surveillance Fee(annual fee) for your wastewater facility(s). The annual fee is assessed pursuant to Section 403.087(5), Florida Statutes, and Rule 62-4.052, Florida Administrative Code, and is associated with the State's administration of the National Pollutant Discharge Elimination System (NPDES). Payment for the 2013 annual fee is DUE on January 15, 2013. Payments can be made by money order, electronic fund transfer or via the DEP Business Portal by credit card(Visa/MasterCard) and personal, business, or cashier's check. To pay online, visit www.fldepportal.com and register an account. To begin, select Pay, then Invoices, then Annual Wastewater& Stormwater Regulatory Fees and follow the instructions. After paying you'll receive a receipt via email. To mail a payment, make payments payable to the Florida Department of Environmental Protection and send to: Bureau of Finance and Accounting PO Box 3070 Tallahassee, FL 32315 For the 2012 annual fee, a number of qualifying municipalities submitted certifications of eligibility for reduction or waiver of permit processing fees pursuant to Section 218.075, Florida Statutes. This is a provision only available to qualifying municipalities (city or county governments) or entities thereof. Since these certifications are based on a calendar year, permit holders are required to submit a "new" certification each year in order to qualify for the reduced fee in 2013. If you have any questions about the annual fee invoice or eligibility requirements for a reduced fee please email Noreen.Biernacki @dep.state.fl.us or call 850-245-8577 or 850-245-8567 in the, FDEP Wastewater Compliance Evaluation Section. MT/jmw Enclosure FLORIDA DEPARTMENT OF REVENUE Interim Executive 11/26/2012 Director Marshall Stranburg To: Donna Nichols From: Property Tax Oversight, Research &Analysis Subject: City of Edgewater,Florida. Below is the requested information related to per capita taxable value and percentage of assessed property that is exempt from ad valorem taxation. Statewide Total Just Value $1,848,722,584,873 Taxable Value $1,286,288,672,092 Exempt Amount $426,685,864,692 Population 18,777,429 Per Capita Taxable Value Average $68,501.85 Percentage of Exempt From Taxation 23.08% City of Edgewater Total Just Value 939,753,127 Taxable Value 580,032,073 Exempt Amount 327,571,414 Population 20,734 Per Capita Taxable Value Average $27,975 Percentage of Exempt From Taxation 34.86% Ad Valorem Millage Rate 6.47 Source: "Ad Valorem Data Book 2011"(FL DOR)and"Florida Estimates of Populations 2011"(UF). Child Support Enforcement—Ann Coffin,Director•General Tax Administration—Maria Johnson,Director Property Tax Oversight-James McAdams,Director•Information Services-Tony Powell,Director www.myflorida.com/dor Tallahassee,Florida 32399-0100 AGENDA REQUEST Date: December 14, 2012 PUBLIC HEARING January 7, 2013 RESOLUTION January 7, 2013 ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: RESOLUTION NO. 2012-R-30: Encourage the 2013 State Legislature enact legislation/pass a law that bans texting while driving/operating any motor vehicle. Encourage the Department of Motor Vehicles (DMV)to provide education on the dangers of electronic distracted driving to all violators of the law. BACKGROUND: Distraction.gov, the official US Government website for distracted driving states that sending or receiving a text takes a driver's eyes from the road for an average of 4.6 seconds, the equivalent, at 55 mph, of driving the length of an entire football field, blind. Florida has more accidents, deaths and injuries due to crashes than the national average and state numbers show distracted driving is the number one cause for fatal traffic accidents. Florida is one of eleven states without a ban on text messaging for all drivers as well as one of three states that has no distracted-driving laws. STAFF RECOMMENDATION: Staff recommends approval of Resolution No. 2012-R-30 as texting while driving is detrimental to public safety and the welfare of the residents of the City of Edgewater. ACTION REQUESTED: City Council approval of Resolution No. 2012-R-30 FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES NO X If so, DATE: N/A AGENDA ITEM# Respectfully submitted, Concurrence: L. id J. Arcieri Robin L. Matusick ) Chief of Police Paralegal ;'V, /61► Trace . Barlow 6 City anager RESOLUTION NO. 2012-R-30 A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA, URGING AND ENCOURAGING THE FLORIDA STATE LEGISLATURE TO ENACT LEGISLATION BANNING TEXTING WHILE DRIVING; DIRECTING THE CITY CLERK TO TRANSMIT TO VARIOUS AGENCIES; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND APPLICABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, there have been various studies done in recent years that have shown the dangers of texting while driving, and; WHEREAS, based on the Distraction.gov website, the official US Government website for distracted driving,sending or receiving a text takes a driver's eyes from the road for an average of 4.6 seconds, the equivalent, at 55 mph, of driving the length of an entire football field, blind; and WHEREAS, Florida has more accidents, deaths and injuries due to crashes than the national average with State numbers show distracted driving is the number one cause for fatal traffic accidents; and WHEREAS, Florida is one of eleven states without a ban on text messaging for all drivers as well as one of three states that has no distracted-driving laws. NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida: Section 1. The foregoing recitals are true and correct. Section 2. Encourage the 2013 State Legislature enact legislation/pass a law that bans texting while driving/operating any motor vehicle and apply a steep penalty if texting results in a crash within the State of Florida. Section 3. Encourage the Department of Motor Vehicles (DMV) to provide education on the dangers of electronic distracted driving to all violators of the law. Section 4. The City Clerk is hereby directed and authorized to send a copy of this resolution to Governor Rick Scott, Attorney General Pam Bondi, to all State Representatives, State Senators, to the Volusia League of Cities and the Florida League of Cities. 2012-R-30 1 Section 5. Conflicting Provisions. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 6. Severability. If any portion of this resolution is for any reason held or declared to be 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 7. Adoption and Effective Date. This resolution shall take effect upon adoption. After Motion to approve by with Second by the vote on this resolution held on January 7, 2013, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter PASSED AND DULY ADOPTED this 7th day of January, 2013. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater Florida. Approved as to form and legality by: at a meeting held on this 7th day of January,2013 under Aaron R. Wolfe,Esquire Agenda Item No. 8 . City Attorney Doran, Sims, Wolfe&Kundid 2012-R-30 2 AGENDA REQUEST Memo#2012-144 Date: December 17, 2012 PUBLIC HEARING RESOLUTION January 7, 2013 ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: Resolution No. 201$-R-01 Non-Residential Rent Assistance Program for Eligible New or Expanding Existing Businesses. BACKGROUND: At the November 12, 2012 you heard various economic development initiatives from our Economic Development/Event Coordinator, Janet Shira. The intent of these initiatives are to promote the growth and development of the city's economic base, assist in the retention and expansion of existing businesses, and vigorously seek out new business for the city. The purpose of the presentation was to assess support and direction regarding which initiative the City Council was interested in pursuing. Based on the discussions that had occurred at the November meeting, Ms. Shira has researched and drafted the attached resolution to implement the Non-Residential Rent Assistance Program. This program is designed to assist newly established businesses and current expanding businesses with their rent for a one- year period. Newly establishing businesses must create a minimum of two jobs while expanding existing businesses shall create two additional jobs in order to be eligible. The businesses must also create a business plan that shall be reviewed and approved by the Small Business Development Center (SBDC) before they are eligible for the assistance. If eligible, the business may receive assistance for one-half of their monthly rent up to $500, whichever is less and for a period not to exceed one year. Authorization of each applicant business will be at a first come, first serve bases depending on available budgeted allocations. STAFF RECOMMENDATION: Staff recommends approval of Resolution 2013-R-01 for the implementation of the Non-Residential Rent Assistance Program. ACTION REQUESTED: Motion to approve Resolution 2013-R-01 for the implementation of the Non-Residential Rent Assistance Program. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM # Respectfully subm' s, Concurrence: Trac=• . Barlow Robin L. Matusick Ci Manager Paralegal RESOLUTION NO. 2013-R-01 A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA, PROVIDING A NON-RESIDENTIAL RENT ASSISTANCE PROGRAM FOR ELIGIBLE NEW OR EXPANDING EXISTING BUSINESSES; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND APPLICABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater is interested in encouraging local businesses to remain within the City and in attracting future economic development and growth. WHEREAS, the City Council has established procedures herein whereas the non- residential rent assistance can be offered to eligible new or expanding existing businesses. WHEREAS, the monthly amount authorized per business shall be one-half of their monthly rent and no greater than the amount of five hundred dollars ($500) and in no case shall exceed the amount of six thousand dollars ($6,000.00) annually. WHEREAS, for a business to be eligible they shall have a business plan which has been reviewed by the Small Business Development Center (SBDC) and shall be employing a minimum of two (2) full time equivalent W-2 employees whose wages are reported to the State and Federal government. NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida: Section 1. The City Council of the City of Edgewater declares that the procedures established herein (attached hereto and incorporated by reference as Exhibit "A"), are applicable for the offering of the rent assistance to eligible non-residential businesses. Section 2. Conflicting Provisions. All resolutions or parts of resolutions in conflict herewith are hereby repealed. 2013-R-01 1 Section 3. Severability. If any portion of this resolution is for any reason held or declared to be 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 4. Adoption and Effective Date. This resolution shall take effect upon adoption. After Motion to approve by with Second by the vote on this resolution held on , 2013, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter PASSED AND DULY ADOPTED this day of , 2013. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater Florida. Approved as to form and legality by: at a meeting held on this day of ,2013 Aaron R. Wolfe, Esquire under Agenda Item No. City Attorney Doran, Sims, Wolfe&Kundid 2013-R-01 2 EXHIBIT "A" NON-RESIDENTIAL RENT ASSISTANCE PROGRAM I. INTRODUCTION The Non-Residential Rent Assistance Program provides eligible new or expanding existing Edgewater businesses with rent payment assistance. The goal of the program is to provide incentives for businesses to locate in Edgewater, or grow and expand their existing businesses. New businesses and growing businesses provide employment in the City as well as provide for additional goods and services to our community. The incentives provided through this program are one of the many ways the City of Edgewater is investing in its economic future. By requiring that the applicants have sound business plans and are creating a minimum level of jobs, the City is better positioning itself for a return on our investment. The program provides an incentive for eligible new businesses as well as eligible existing businesses that are expanding. In this way, the City is addressing both business recruitment and retention. It also helps Edgewater property owners by filling unoccupied space with a multi-year (two-year minimum) lease. II. PROGRAM The Non-Residential Rent Assistance Program provides eligible businesses with rent payment assistance for a maximum of twelve (12) months. Eligible businesses may receive up to one-half of their monthly rent or $500, whichever is less, for twelve (12) months of a multi-year lease. The lease must be structured so that there is a minimum of one year remaining on the lease after the assistance ends. The maximum total assistance per business shall not exceed $6,000. The Non-Residential Rent Assistance Program budget will be considered annually and if budgeted, recipients will be awarded on a first-come, first-served basis. Submitting an application for consideration in the program is not a guarantee of funding or approval. III. ELIGIBILITY REQUIREMENTS Applicants for the Non-Residential Rent Assistance Program must meet all of the following requirements in order to be considered as eligible to receive funding: 1. The business location must be within the City limits of Edgewater. 2. The business shall be a targeted business and shall not fall into one of the following categories: a. Adult Entertainment; b. Car Wash; c. Mini Warehouse; 2013-R-01 3 d. Night Club/Lounge/Bar; e. Outdoor Storage; f. Pawn Shop; g. Pool Hall/Billiards; h. Places of Worship (and church schools); i. Salvage Yards; or j. Tattoo Parlor/Body Piercing Studios. 3. The business shall be located on property zoned non-residential. Home-based businesses are not eligible. 4. The business must be properly licensed to operate within the City of Edgewater and Volusia County. 5. Both new and expanding existing Edgewater businesses are eligible for the rental assistance; however, the following requirements shall apply: a. A new business shall be defined as moving to Edgewater or being in operation in Edgewater for less than six (6) months prior to applying for the program. A home- based business will be considered a new business if it is moving into a non- residentially zoned location and applies for the assistance within six (6) months of beginning operations within the new location. b. An expanding existing business shall be defined as being in operation in Edgewater in a non-residentially zoned location for six (6) months or longer. c. A new business shall have a business plan which has been reviewed by the Small Business Development Center (SBDC) with a letter indicating the business plan is viable. d. A new business shall employ a minimum of two (2) full-time equivalent W-2 employees whose wages are reported to the State and Federal government. The business owner may count toward one of the required job positions. For the purposes of this program, a full-time equivalent employee is defined as working a minimum of thirty-two (32) hours per week and earning, at a minimum, the prevailing minimum wage. The business must maintain the minimum two (2) employees each month that it receives the rent assistance. New businesses should show an attempt to hire Edgewater residents to fulfill this requirement (i.e., copy of job advertisement). e. An expanding existing business shall have a business plan which has been reviewed by the Small Business Development Center (SBDC) with a letter indicating the business plan is viable. f. An expanding existing business must be expanding to occupy at least 1.5 times the square footage of the existing business location. g. An expanding existing business shall also be adding a minimum of two (2) full- time equivalent W-2 employees whose wages are reported to the State and Federal government. The business owner may not count toward one of the required job positions. For the purposes of this program, a full-time equivalent employee is defined as working a minimum of thirty-two (32) hours per week and earning, at a 2013-R-01 4 minimum, the prevailing minimum wage. The expanding business must maintain the minimum two (2) additional employees each month that it receives the rent assistance. Expanding existing businesses should show an attempt to hire Edgewater residents to fulfill this requirement (i.e., copy of job advertisement). 6. The business must sign a multi-year lease, such that there is a minimum of one-year in the lease agreement beyond the expiration of the rental assistance under this program. IV. TERMS AND CONDITIONS 1. A lease under the requirements of this program shall define the landlord-tenant relationship and, at a minimum, provide the following information: a. A specific description of the space being rented including square footage and a drawing of the space. b. Description of the utilities that the tenant is responsible for. c. Rental rate and deposits, along with terms of the lease and methodology for future rent increases. d. Responsible party for interior and exterior repairs and/or improvements. e. Insurance requirements. f Conditions of lease termination. g. Consequences of default on the lease. 2. Rent assistance, if approved, will not be paid until all construction has ended, a Business Tax Receipt and Certificate of Use are issued, and the business is open for operation. 3. The City will issue reimbursement on a quarterly basis to the rent assistance program applicant, upon receipt and verification that the monthly payments have been made to the landlord and have been cleared by the bank and verification of the two full-time equivalent employees. 4. The responsibility for all rental payments is between the contracted parties to the lease. The City neither bears nor accepts any responsibility for payment of rent at any time, nor penalties incurred for the late arrival of payments by any party. 5. The Non-Residential Rent Assistance Program may only be used one time by any one specific business entity or business owner. 6. The City reserves the right to approve or deny any Non-Residential Rent Assistance Program application and to discontinue reimbursement payments under the program at any time at its sole discretion if it believes the applicant no longer meets the requirements of the program or has not kept the rent payments current. V. PROCEDURES FOR APPLICATION AND APPROVAL 1. Application Process a. All applicants are strongly encouraged to meet with the City's Economic Development Coordinator before submitting an application. Funding requests will not be considered until all required documentation is submitted to the City. Application packages must include the following documentation: i. Complete and signed application. 2013-R-01 5 ii. Copy of Business Tax Receipts from Volusia County and Edgewater. iii. Copy of the corporate documents for the applying business entity. iv. Copy of executed or proposed multi-year commercial lease agreement. v. Letter from SBDC indicating that the company's business plan, qualifications and experience of the business owners, and list of jobs to be created (including job descriptions, pay range and hours), have been reviewed and found viable. 2. For approved applications, leases must be executed within thirty (30) days of the City approval or the assistance will be deemed terminated. 3. Rent assistance payments will be reimbursed to the recipients on a quarterly basis beginning the first full month that the business is open for operations at the approved location subsequent to the City approval. 4. A maximum of twelve (12) consecutive monthly rent payments will be reimbursed to the approved applicant. In order to receive quarterly rent reimbursement, the applicant must submit a written request for that quarter's reimbursement payment along with: a. The Florida Department of Revenue Employers Quarterly Report or, for sole proprietorships, partnerships, and s-corporations, copies of all cancelled salary checks or proof of direct deposits for each full time equivalent employee for each month within that specific quarter. b. City staff will conduct a site visit before the assistance payments begin in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the assistance agreement. 5. The receipt of past payments is no guarantee of future payments. The City retains the right to discontinue rent assistance payments at any time according to its sole and absolute discretion as to whether the applicant continues to meet requirements of the program and whether the applicant makes timely rent payments. 2013-R-01 6 E� b AGENDA REQUEST Date: December 21, 2012 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS January 7, 2013 ITEM DESCRIPTION: Development Order(DO) extension request from the applicant for the Villas at Massey Ranch development project. BACKGROUND: The Villas at Massey Ranch project applicant has submitted a letter requesting a two (2) year extension to the DO for said project(see attached). The Villas at Massey Ranch development project is a proposed six (6) townhome unit community located West of Massey Ranch Boulevard and east of the Massey Ranch Airpark runway. The property is currently vacant and comprises approximately 8.12 acres. The development currently has a significant amount of the required infrastructure installed. The original DO was approved on February 23, 2007 with an expiration date of February 23, 2008. An extension to the DO was approved pursuant to the Land Development Code with a revised expiration date of February 23, 2008. An additional extension to the DO was approved pursuant to Senate Bill 360 with a revised expiration date of February 23, 2011. An extension to the DO was approved pursuant to Senate Bill 1752 with a revised expiration date of February 23, 2013. STAFF RECOMMENDATION: Staff recommends approval of the DO extension request for the Villas at Massey Ranch development project for a period of two(2)years. ACTION REQUESTED: Motion to approve the DO extension request for the Villas at Massey Ranch development project for a period of two (2) years. 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MI ii: s N,14,4•44“No HA men commas s. 5 ,) ,r$ 1 . 2 438 NORTH GRANDVIEW AVENUE DAYTONA BEACH,Fl.32118 PHONE,(386)253-3241 FAX: (386)253-2502 hIg F, 7 10/0 KV=1.011.610 MY NM a. ; -11; E, T E-MAIL:maileharP4t4H1.9-00. ■...= 1 4 11/14/b MIS= VI. N) N 4 l' .. .. 2 THE VILLAS AT MASSEY RANCH 111 FINAL SITE PLAN 2 •. - MASSEY ENTERPRISES P. 0. Box 949 New Smyrna Beach, FL 32170 386-427-3100 Fax: 386-427-9674 masseyproperties @cfl.rr.com November 28, 2012 Darren Lear,AICP Development Services Director City of Edgewater P. O. Box 100 Edgewater,FL 32132 RE: Villas at Massey Ranch Development Order Dear Darren: This letter is our request to extend the above referenced development order for an additional two years. The reason the extension is necessary is due to the bad economy and lack of demand for new residential construction. We have invested over$660,000 in improvements for the site work, stormwater, sewer system and lift station. We have the building pads to grade and ready for digging footers. We have had a few good inquiries from potential buyers and hope to apply for a building permit within the next few months, but there is no guarantee. The site is not an eyesore to the community in its current condition and we feel that extending the development order would not harm any citizens of Edgewater. We also believe that extending the deadline would be in the city's best interest to accommodate the successful outcome of this project and to add high end fly-in homes to the tax base. We think it is better to have a shovel ready site for the Villas than to build units that will sit empty and deteriorate. Therefore, we respectfully request that the two year extension be approved. Sincerely, V John S. Massey Managing Partner ) OC, AGENDA REQUEST Date: December 14, 2012 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS January 7, 2013 ITEM DESCRIPTION: Interlocal Agreement between the City of Oak Hill and the City of Edgewater for Stormwater Inspection Services. BACKGROUND: The City of Oak Hill requested if the City of Edgewater would be able to assist them in providing a certified Stormwater Inspector to inspect construction projects until such time that they can have someone obtain certification. An Interlocal Agreement was drafted from the Interlocal Agreement for Fire Marshall Services the City of Edgewater has with the City of New Smyrna Beach. On December 10, 2012, City of Oak Hill Commissioners approved the Interlocal Agreement for Stormwater Inspection Services. Edgewater Staff have several employees certified and thus has the ability and means to support the City of Oak Hill. STAFF RECOMMENDATION: Approval of the Interlocal Agreement between the City of Oak Hill and the City of Edgewater for Stormwater Inspection Services and authorize the City Manager to execute the document. ACTION REQUESTED: A motion to approve the Interlocal Agreement between the City of Oak Hill and the City of Edgewater for Stormwater Inspection Services and authorize the City Manager to execute the document. FINANCIAL IMPACT: (Finance Director)None (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X John McKinney, Finance Director PREVIOUS AGENDA ITEM: YES NO X Respectfully submitted, Concurrence: Z4,eelG Brenda L. Dewees Robin L. Matusick Director of Environmental Services Paralegal 1 AP Trace . Barlow City anager INTERLOCAL AGREEMENT BETWEEN THE CITY OF OAK HILL AND THE CITY OF EDGEWATER FOR STORIVIWATER INSPECTION SERVICES THIS AGREEMENT, is entered into by and between the CITY OF EDGEWATER, a municipal corporation duly incorporated pursuant to the laws of the State of Florida, with its principal place of business located at 104 North Riverside Drive, Edgewater, Florida and whose mailing address is P. O. Box 100, Edgewater, Florida 32132-0100 (hereinafter referred to as "EDGEWATER") and the CITY OF OAK HILL, a municipal corporation duly incorporated pursuant to the laws of the State of Florida, with its principal place of business located at 234 US Highway#1, Oak Hill, Florida 32759 (hereinafter referred to as "OAK HILL"). WHEREAS, EDGEWATER and OAK HILL are duly authorized by Chapter 163, Florida Statutes, to enter into agreements to conduct municipal government, perform municipal functions, and render municipal services; WHEREAS, the position of Stormwater Inspector for OAK HILL is presently vacant and the Stormwater Inspector is charged with, among other duties, conducting inspection services for stormwater construction projects and complaints; WHEREAS, EDGEWATER has employed a Stormwater Inspector and is willing to allow its Stormwater Inspector to provide inspection services to OAK HILL on terms and conditions as outlined below. WHEREAS, OAK HILL is willing to retain EDGEWATER's Stormwater Inspector pursuant to the terms and conditions outlined below; NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Recitals Adopted. The foregoing Recitals, provisions and representations are true and correct and are incorporated herein by reference. 2. Agreement. EDGEWATER shall provide a Stormwater Inspector to be available to make storm water inspections on an as-needed basis. Requests for inspections shall be handled as soon as reasonable practical given the scheduling with EDGEWATER's inspection schedule. EDGEWATER's Stormwater (Agreement/Interl ocal-OakHi ll-StormwaterInspections-2012) Inspector shall be certified by the Florida Department of Environmental Protection Agency's Stormwater, Erosion and Sedimentation Control Inspector Training Program and supervised by the EDGEWATER Director of Environmental Services. EDGEWATER shall provide OAK HILL with copies of said active certificate(s) and overall qualifications of the Stormwater Inspector(s). When performing work on behalf of OAK HILL, said Stormwater Inspector will be the official OAK HILL Stormwater Inspector pursuant to the authority contained herein and pursuant to the authority as established in the approved OAK HILL National Pollutant Discharge Elimination System (NPDES)permit. 3. Fee for Service. Any person performing services under the terms of this agreement shall be deemed an employee of EDGEWATER and will be driving an EDGEWATER vehicle with identifying decals affixed. EDGEWATER assumes the appropriate insurance for the employee and vehicle. OAK HILL shall reimburse EDGEWATER the actual cost of the Stormwater Inspector to perform services contemplated by this Agreement, including all benefits, EDGEWATER will provide OAK HILL with the hourly rates of all assigned Stormwater Inspectors and will advise OAK HILL when any rate amendments are necessary, which shall be billed in increments of 1/10 of an hour and actual mileage reimbursed utilizing the IRS standard mileage. Invoices shall include the date service was rendered, a brief description of the work performed and the amount of time expended. EDGEWATER shall submit invoices on a monthly basis for the services rendered the previous month. OAK HILL shall make payment pursuant to and in compliance with the Florida Prompt Payment Act. 4. Sovereign Immunity. Each party hereby agrees to be responsible for all action, inactions and conduct, whether willful or negligent, of their respective employees and agents in the perforniance of the obligations in the Agreement. The parties agree this Agreement shall not waive the sovereign immunity either party presently enjoys under the Constitution and statutes of the State of Florida, particularly with respect to Chapter 768, Florida Statutes. In the event it becomes necessary to institute legal action to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover all out of pocket expenses and reasonable attorney's fees related to such action. 2 (Agreement/Interl ocal-OakHi I l-Stormwaterinspections-2012) 5. Term. The Agreement shall be in effect unless terminated by either party with thirty (30) days written notice to the parties listed below of the non-terminating party at the following addresses: City of Edgewater City of Oak Hill Office of the City Manager Office of the City Clerk City of Edgewater City of Oak Hill P. O. Box 100 234 US Highway#1 Edgewater, FL 32132-0100 Oak Hill, FL 32759 (386)424-2400 (386)345-3522 6. Amendment. This Agreement can only be amended by a written document approved by both parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by and through their duly authorized representatives on the respective dates set forth below. WITNESSES: CITY OF EDGEWATER By: Tracey T.Barlow City Manager Dated: WITNESSES: CITY OF OAK HILL Wh� By: -•,/f Kohn E ans_ '''I City Clerk/Administrator Dated: CX (_..% 3 (Agreement/Interl ocal-OakHill-Stormwaterinspections-2012) IDJ AGENDA REQUEST Date: December 12, 2012 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT _ BUSINESS 1/7/2013 ITEM DESCRIPTION Approval to enter into a Consent Order with the Florida Department of Environmental Protection. BACKGROUND The City of Edgewater Wastewater Treatment Facility has a permit to discharge treated effluent into the Indian River during wet weather up to 0.83 million gallons per day (MGD). The permit has a copper limit of 3.7 ug/1 (micrograms per liter). Unfortunately, this limit has been exceeded on various occasions and City staff has been actively pursuing identifying a potential source of the copper within the wastewater collection system. Several lift stations were sampled within suspected business areas and two manufacturing facilities were inspected and toured but no clear source has been determined. On October 2, 2012, a warning letter was issued by the Florida Department of Environmental Protection (FDEP) advising of the copper limit exceedances and requesting a meeting with FDEP staff to discuss the matter. On October 31, 2012, City Staff met with FDEP staff to discuss the matter. It was mutually agreed that a Consent Order outlining a mitigation strategy would be the direction to proceed allowing opportunity for the City to provide a permanent solution. The Consent Order requires the City to submit an Engineering Evaluation Report recommending corrective actions to reduce and/or eliminate Copper presence. A proposal has been provided by Quentin Hampton Associates to prepare a feasibility study to evaluate various options to achieve compliance for the amount of$28,260. This report is required to be submitted to FDEP within 270 days of the effective date of the Consent Order. The Consent Order includes $5,000 in settlement fees. Civil penalties are $4,000 and $1,000 is a reimbursement for costs and expenses incurred by FDEP during the investigation. However, in lieu of making a cash payment of$4,000 in civil penalties, the City may off-set this amount by implementing a pollution prevention project (P2 Project).For our project, we have requested the approval of variable frequency drive controls to be added to three new 25 hp pumps being installed at the WWTF. Although this project is estimated to cost $45,000 to implement, it will provide annual energy savings of$7,884. The return on this investment will be 5.7 years at today's energy rates and every additional year will be continued savings for the city. STAFF RECOMMENDATION: Approval of the Consent Order and any required budget amendments. ACTION REQUESTED: A motion to approve the Consent Order and any required budget amendments and authorize the Mayor to execute the Consent Order. FINANCIAL IMPACT: (Finance Director) $ 1,000 Settlement Fees (440-4040-535.49-10) $28,260 Engineering Fees (440-4040-535.31-10) $45,000 Construction Costs (444-5555-580.63-40) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES XX NO ryl c Jo=McKinney, Finance Director PREVIOUS AGENDA ITEM: YES NO XX If so, DATE: AGENDA ITEM # Respectfully submitted, Concurrence: eL426 ikeze/eeigo renda L. Dewees Robin L. Matusick Director of Environmental Services Paralegal Trac: . Barlow Cit' Manager MARK A.HAMPTON,P.E. Quentin L.Hampton Associates,Inc. TELEPHONE:(388)761-6810 BRAD T.BLAIS,P.E. FAX:(386)761-3977 DAVID A.KING,P.E. Consulting Engineers EMAIL glhaegglha.cam ANDREW M.GIANNINI,P.E. P.O.DRAWER 290247 KEVIN A.LEE,P.E. PORT ORANGE,FLORIDA 32129-0247 November 5,2012 Mr. Clarence Anderson Environmental Supervisor F.D.E.P., Wastewater Compliance Assurance 3319 Maguire Blvd.,Suite 232 Orlando,FL 32803-3767 CITY OF EDGEWATER WWTF PERMIT#FL0021431 WARNING LETTER OWL-WW-12-0008 Dear Mr.Anderson: On behalf of the City of Edgewater, we are submitting acknowledgement of the above referenced warning letter, acceptance of penalties, and proposed terms for a consent order. The attached letter from FDEP and the ELRA Penalty Computation Worksheet describe the violation and proposed penalties. The City agrees to enter into a consent order in order to regain NPDES compliance. With respect to penalties, the City does not object to those previously referenced, specifically, the $4,000 for violations and $1,000 for department expenses. The City intends to pursue construction of a Pollution Prevention(P2)project to offset the$4,000 fine. This will be coordinated with Debbie Valin. An interim limit of 7.5 mg/1 for Total Recoverable Copper is proposed for a period of two years. During this period, the City will engage a consultant to prepare an engineering analysis which identifies the source of copper and evaluates corrective actions to achieve compliance. The analysis will be completed"within nine months of the consent order date. The City will obtain FDEP approval of the recommended solution and implement same within two years of the consent order date. The Mayor,Michael L.Thomas, will be the signatory for the proposed consent order. Thank you for your attention to this matter. If you have additional questions or require additional further assistance, please do not hesitate to call. Sincerely, QUEN 1►14I' ON ASSOCIATES,INC. Br, ' :�.� s, ' 400 ; sident BTB:km cc: Michael L.Thomas,Mayor,City of Edgewater Tracey Barlow, City Manager,City of Edgewater Brenda Dewees,Environmental Services Director,City of Edgewater ew87.1 warning letter permit 8002143111-1-12.doc acio" Florida Department of Governor rn Governor art Environmental Protection Jennifer Carroll Central District Lt.Governor 3319 Maguire Boulevard,Suite 232 WIRMINMSTM Orlando,Florida 32803-3767 Herschel T.Vinyard Jr. Secretary SENT VIA EMAIL TO:bdewees @cityofedgewater.com October 2,2012 CITY OF EDGEWATER WARNING LETTER No.OWL-WW-12-0008 POST OFFICE BOX 100 EDGEWATER FL 32132 ATTENTION BRENDA DEWEES ENVIRONMENTAL SERVICES DIRECTOR Volusia County-DW Edgewater WWTF Wastewater Facility-Permit No.FL0021431 Dear Ms.Dewees: The purpose of this letter is to advise you of possible violations of law for which you may be responsible,and to seek your cooperation in resolving the matter.A file review conducted on August 29,2012 of the Edgewater WWTF indicates a violation of Florida Statutes and Rules may exist.Department of Environmental Protection personnel noted the following: On August 22,2012,facility personnel reported an exceedance of the permit limit(3.7 ug/L)for Total Recoverable Copper maximum of 4.2 ug/L.A review of the Discharge Monitoring-Reports (DMRs)indicated that exceedances of 5.2 and 5.3 ug/L were reported on the DMRs for April and June 2012,respectively. Total Recoverable Copper exceedances have been addressed previously in noncompliance letters dated August 18,2011 and July 25,2012. Section 403,Florida Statutes,provides that: A. Florida Statutes,Chapter 403.161 Prohibitions,violations,intent.(1)It shall be a violation of this chapter,and it shall be prohibited for any person: (b)To fail to obtain any permit required by this chapter or by rule or regulation,or to violate or fail to comply with any rule,regulation,order,permit,or certification adopted or issued by the Department pursuant to its lawful authority. B. Florida Administrative Code Rule 62-4.030 General Prohibition.Any stationary installation which will reasonably be expected to be a source of pollution shall not be operated,maintained,constructed,expanded,or modified without the appropriate and valid permits issued by the Department,unless the source is exempted by Department rule.The Department may issue a permit only after it receives reasonable assurance that the installation will not cause pollution in violation of any of the provisions of Chapter 403, www.dep.state.Jl.us City of Edgewater Warning Letter OWL-WW-12-0008 Page 2 F.S.,or the rules promulgated thereunder.A permitted installation may only be operated, maintained,constructed,expanded or modified in a manner that is consistent with the terms of the permit. C. Florida Administrative Code Rule 62-620.300 General Prohibitions. (5) A permitted industrial or domestic wastewater facility or activity shall not be operated, maintained,constructed,expanded,or modified in a manner that is inconsistent with the terms of the permit. You are requested to contact Clarence Anderson or Daniel Hall of this office at(407) 897-4165 within 15 days of receipt of this Warning Letter to arrange a meeting to discuss this matter. The Department is interested in reviewing any facts you may have that will assist in determining whether any violations have occurred.You may bring anyone with you to the meeting that you feel could help resolve this matter. Please be advised that this Warning Letter is part of an agency investigation,preliminary to agency action in accordance with Section 120.57(4),Florida Statutes.We look forward to your cooperation in completing the investigation and resolution of this matter. Sincerely, Lisa A.Kelley Assistant Director,Central District LKLca Enclosure: Edgewater permit limits exceedances table cc: DW Permitting Section Permit Limits Exceedence Table City of Edgewater WWTF Permit No. FL0021431 The table below contains the total copper results for the City of Edgewater WWTF for January, April, June, and August 2012. Monitoring Month Location'. Parameter Result Permit;Limit *January 2012 D001 Total Recoverable Copper Maximum 4.0 ug/L 3.7 ug/L April 2012 D-001 _Total Recoverable Copper Maximum 5.2 ug/L 3.7 ug/L June 2012 D-001 Total Recoverable Copper Maximum 5.3 ug/L 3.7 ug/L **August 2012 D-001 Total Recoverable Copper Maximum 4.2 ug/L 3.7 ug/L *The January 2012 Copper exceedance was included in a Noncompliance Letter issued July 25, 2012. **The August 2012 Copper exceedance was reported to the Department as a malfunction on August 22, 2012. ELRA**PENALTY COMPUTATION WORKSHEET Violator's Name: City Of Edgewater • Identify Violator's Facility:Edgewater WWTF Name of Department Staff Responsible for the Penalty Computations: Clarence Anderson and Gary P.Miller Date: September 13,2012 PART I - Penalty Determinations Violation Penalty Multi-day Adjustments Total Type* Amount Exceedances of $2,000.00 $2,000.00 ----------- $4,000.00 Copper permit limit. Total Penalties for all Violations: $4,000.00 Total Costs and Expenses Incurred by the Department $1,000.00 TOTAL PENALTY $5,000.00 * See attached Penalty Determination Worksheet for a description of the violation. Economic benefit was considered when calculating these penalties. ** Environmental Litigation Reform Act "The monetary computations enclosed have been formulated and are being tendered in the context of settlement negotiations" ELRA PENALTY DETERMINATION For City Of Edgewater Edgewater WWTF Violation—Section 403.121 (3)(b),Florida Statutes Facility exceeded permit limit for Copper. ENVIRONMENTAL LITIGATION REFORM ACT(ELRA) For a domestic or industrial wastewater violation not involving a surface water or groundwater quality violation,the department shall assess a penalty of$2,000. $ 2,000.00 Section 403.121 (3)(b),Florida Statutes Facility exceeded permit limit for Copper in 2 additional monitoring periods (2 x$1,000.00 per exceedance=$2,000.00). ENVIRONMENTAL LITIGATION REFORM ACT (ELRA) For each additional day during which a violation occurs,the administrative penalties in subsection (3), subsection(4), and subsection(5)may be assessed per day per violation. $2,000.00 The 2012 Florida Statutes Title XXIX Chapter 403 View Entire Chapter PUBLIC HEALTH ENVIRONMENTAL CONTROL 403.121 Enforcement; procedure; remedies.--The department shall have the following judicial and administrative remedies available to it for violations of this chapter, as specified in s. 403.161 (1). (1) Judicial remedies: (a) The department may institute a civil action in a court of competent jurisdiction to establish liability and to recover damages for any injury to the air, waters, or property, including animal, plant, and aquatic life, of the state caused by any violation. (b) The department may institute a civil action in a court of competent jurisdiction to impose and to recover a civil penalty for each violation in an amount of not more than $10,000 per offense. However, the court may receive evidence in mitigation. Each day during any portion of which such violation occurs constitutes a separate offense. (c) Except as provided in paragraph (2)(c), it shall not be a defense to, or ground for dismissal of, these judicial remedies for damages and civil penalties that the department has failed to exhaust its administrative remedies, has failed to serve a notice of violation, or has failed to hold an administrative hearing prior to the institution of a civil action. (2) Administrative remedies: (a) The department may institute an administrative proceeding to establish liability and to recover damages for any Injury to the air, waters, or property, including animal, plant, or aquatic life, of the state caused by any violation. The department may order that the violator pay a specified sum as damages to the state. Judgment for the amount of damages determined by the department may be entered in any court having jurisdiction thereof and may be enforced as any other judgment. (b) If the department has reason to believe a violation has occurred, it may institute an administrative proceeding to order the prevention, abatement, or control of the conditions creating the violation or other appropriate corrective action. Except for violations involving hazardous wastes, asbestos, or underground injection, the department shall proceed administratively in all cases In which the department seeks administrative penalties that do not exceed $10,000 per assessment as calculated in accordance with subsections (3), (4), (5), (6), and (7). Pursuant to 42 U.S.C. s. 300g-2, the administrative penalty assessed pursuant to subsection (3), subsection (4), or subsection (5) against a public water system serving a population of more than 10,000 shall be not less than $1,000 per day per violation. The department shall not impose administrative penalties in excess of $10,000 in a notice of violation. The department shall not have more than one notice of violation seeking administrative penalties pending against the same party at the same time unless the violations occurred at a different site or the violations were discovered by the department subsequent to the filing of a previous notice of violation. (c) An administrative proceeding shall be Instituted by the department's serving of a written notice of violation upon the alleged violator by certified mall. If the department is unable to effect service by s. 57.111(3)(e). No award of attorney's fees as provided by this subsection shall exceed $15,000. (g) Nothing herein shall be construed as preventing any other legal or administrative action in accordance with law. Nothing in this subsection shall limit the department's authority provided in ss. 403.121, 403.131, and 403.141, to judicially pursue injunctive relief. When the department exercises its authority to judicially pursue injunctive relief, penalties in any amount up to the statutory maximum sought by the department must be pursued as part of the state court action and not by initiating a separate administrative proceeding. The department retains the authority to judicially pursue penalties in excess of $10,000 for violations not specifically included in the administrative penalty schedule, or for multiple or multiday violations alleged to exceed a total of$10,000. The department also retains the authority provided in ss. 403.121, 403.131, and 403.141, to judicially pursue injunctive relief and damages, if a notice of violation seeking the imposition of administrative penalties has not been issued. The department has the authority to enter into a settlement, either before or after initiating a notice of violation, and the settlement may include a penalty amount different from the administrative penalty schedule. Any case filed in state court because it is alleged to exceed a total of$10,000 in penalties may be settled in the court action for less than $10,000. (h) Chapter 120 shall apply to any administrative action taken by the department or any delegated program pursuing administrative penalties in accordance with this section. (3) Except for violations involving hazardous wastes, asbestos, or underground injection, administrative penalties must be calculated according to the following schedule: (a) For a drinking water contamination violation, the department shall assess a penalty of $2,000 for a Maximum Containment Level (MCL) violation; plus $1,000 if the violation is for a primary inorganic, organic, or radiological Maximum Contaminant Level or it is a fecal coliform bacteria violation; plus $1,000 if the violation occurs at a community water system; and plus $1,000 if any Maximum Contaminant Level is exceeded by more than 100 percent. For failure to obtain a clearance letter prior to placing a drinking water system into service when the system would not have been eligible for clearance, the department shall assess a penalty of $3,000. (b) For failure to obtain a required wastewater permit, other than a permit required for surface water discharge, the department shall assess a Penalty of $1,000. For a domestic or:. Industrial wastewater violation not involving a surface water or groundwater quality violation; ;the department shall assess a penalty $2,000 for an ;unpermitted or unauthorized discharge or effluent-limitation exceedance For an unpermitted or unauthorized discharge or effluent- limitation exceedance that resulted in a surface water or groundwater quality violation, the department shall assess a penalty of $5,000. (c) For a dredge and fill or stormwater violation, the department shall assess a penalty of $1,000 for unpermitted or unauthorized dredging or filling or unauthorized construction of a stormwater management system against the person or persons responsible for the Illegal dredging or filling, or unauthorized construction of a stormwater management system plus $2,000 If the dredging or filling occurs in an aquatic preserve, Outstanding Florida Water, conservation easement, or Class I or Class II surface water, plus $1,000 if the area dredged or filled is greater than one-quarter acre but less than or equal to one-half acre, and plus $1,000 if the area dredged or filled is greater than one-half acre but less than or equal to one acre. The administrative penalty schedule shall not apply to a dredge and fill violation if the area dredged or filled exceeds one acre. The department retains the authority to seek the judicial imposition of civil penalties for all dredge and fill violations involving more than one acre. The department shall assess a penalty of $3,000 for the failure to complete required mitigation, failure to record a required conservation easement, or for a water quality violation resulting from dredging or filling activities, stormwater construction activities or failure of a stormwater (4); In an administrative proceeding, in addition to the penalties that may be assessed under subsection (3), the department shall assess administrative penalties according to the following schedule: (a) For failure to satisfy financial responsibility requirements or for violation of s. 377.371(1), $5,000. (b) For failure to install, maintain, or use a required pollution control system or device, $4,000. (c) For failure to obtain a required permit before construction or modification, $3,000. (d) For failure to conduct required monitoring or testing; failure to conduct required release detection; or failure to construct in compliance with a permit, $2,000. (e) For failure to maintain required staff to respond to emergencies; failure to conduct required training; failure to prepare, maintain, or update required contingency plans; failure to adequately respond to emergencies to bring an emergency situation under control; or failure to submit required notification to the department, $1,000. (f) Except as provided in subsection (2) with respect to public water systems serving a population of more than 10,000, for failure to prepare, submit, maintain, or use required reports or other required documentation, $500. (5) Except as provided in subsection (2) with respect to public water systems serving a population of more than 10,000, for failure to comply with any other departmental regulatory statute or rule requirement not otherwise identified in this section, the department may assess a penalty of$500. {6) For each additional day during which a violation occurs, the administrative penalties 'subsection{3), subsection (4), and subsection (5) may be assessed per day per violation., (7) The history of noncompliance of the violator for any previous violation resulting In an executed consent order, but not including a consent order entered into without a finding of violation, or resulting in a final order or judgment after the effective date of this law involving the imposition of $2,000 or more in penalties shall be taken Into consideration in the following manner: (a) One previous such violation within 5 years prior to the filing of the notice of violation will result in a 25-percent per day increase in the scheduled administrative penalty. (b) Two previous such violations within 5 years prior to the filing of the notice of violation will result in a 50-percent per day increase In the scheduled administrative penalty. (c) Three or more previous such violations within 5 years prior to the filing of the notice of violation will result in a 100-percent per day increase in the scheduled administrative penalty. (8) The direct economic benefit gained by the violator from the violation, where consideration of economic benefit is provided by Florida law or required by federal law as part of a federally delegated or approved program, shall be added to the scheduled administrative penalty. The total administrative penalty, including any economic benefit added to the scheduled administrative penalty, shall not exceed $10,000. (9) The administrative penalties assessed for any particular violation shall not exceed $5,000 against any one violator, unless the violator has a history of noncompliance, the economic op ,. RICK S('OI`1' /0. FLORIDA DEPARTMENT OF (,OA'I:'RNOR' "' -Ass 1/4jf:Is.fV.s. ENVIRONMENTAL PROTECTION II-NNIF=F;RCARROI I, l';‘,,t„,, _:, '-'1,0,,V. ,,,„lk,- CENTRAL DISTRICT I F.G(A1 RN(R 'fig 3319 MAGUIRE BOULEVARD,SUITE 232 VelegeManiM ORLANDO,FLORIDA 32803-3767 1IERSCIIFI, I VINYARI).1R. SI CIZI.I,- RY SENT VIA EMAIL TO: bdewees(c�cityofedgewater.com November 27,2012 CITY OF EDGEWATER OCD-C-WW-12-0672 POST OFFICE BOX 100 EDGEWATER FL 32132 ATTENTION MICHAEL L THOMAS MAYOR Volusia County Edgewater WWTF DW Program-Permit No. FL0021431 OGC File No. 12-1658 Dear Honorable Michael L. Thomas: Enclosed is a Consent Order("Order")prepared by this Department for resolution of the referenced enforcement case. Please review this document, and if satisfactory,sign and date the appropriate spaces and forward to this office within the next twenty(20)days. A copy of the completed document will be forwarded to you. Should the Order be unacceptable,please provide this office with written notification within twenty (20) days. Also, any specific comments that you may have should be handwritten on the attached Order and returned to this office for review along with your written notification. If you have any questions about the terms of this Order,please contact Gary P. Miller or Clarence Anderson at(407) 897-4165. Sincerely, if, i 6e,7_,„6/, Jeff Prather Director,Central District JP/ca Enclosure cc: DW Permitting Section, dennise.judy@dep.state.fl.us Brenda Dewees,Environmental Service Director, City of Edgewater,bdewees@cityofedgewater.com Brad Blais,P.E.,President, Quentin L. Hampton Associates,bblais@qlha.com glha.com II VW dep state;jl.us BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE OF FLORIDA DEPARTMENT ) IN THE OFFICE OF THE OF ENVIRONMENTAL PROTECTION ) CENTRAL DISTRICT ) vs. ) OGC FILE NO. 12-1658 ) CITY OF EDGEWATER ) ) CONSENT ORDER This Consent Order("Order") is entered into between the State of Florida Department of Environmental Protection ("Department")and City of Edgewater("Respondent")to reach settlement of certain matters at issue between the Department and Respondent. The Department finds and Respondent admits the following: 1. The Department is the administrative agency of the State of Florida having the power and duty to protect Florida's air and water resources and to administer and enforce the provisions of Chapter 403, Florida Statutes("F.S."), and the rules promulgated and authorized in Title 62, Florida Administrative Code ("F.A.C."). The Department has jurisdiction over the matters addressed in this Order. 2. Respondent is a person within the meaning of Section 403.031(5), F.S. 3. Respondent is the owner and is responsible for the operation of the City of Edgewater WWTF, a 2.75 MGD annual average daily flow (AADF)permitted capacity advanced domestic wastewater treatment(AWT) facility with influent screening, grit removal, biological nutrient removal (Bardenpho Process), chemical feed facilities, secondary clarification,tertiary filtration, high level disinfection, with dechlorination and post aeration for a 0.83 MGD wet weather back up surface water discharge to the Indian River North (Mosquito Lagoon)and a slow-rate public access reuse system ("Facility"). The Facility is operated under Wastewater Permit No. FL0021431 ("Permit"), which was issued on June 11, 2012 and will expire on June 10, 2017. The Facility is located at 500 West Ocean Avenue,Edgewater, in Volusia County, Florida("Property"). Respondent owns the Property on which the Facility is located. 4. The Department finds that the following violation occurred: On August 22, 2012, Facility personnel reported an exceedance of the permit limit(3.7ug/L) for Total Recoverable Copper maximum of 4.2ug/L. A review of the Discharge Monitoring Reports DEP vs. City of Edgewater Consent Order, OGC No. 12-1658 Page 2 (DMRs) indicated that exceedances of 5.2 and 5.3ug/L were reported on the DMRs for April and June 2012, respectively, which are violations of Section 403.161(1)(b), F.S. and Rules 62-4.030 and 62-620.300(5), F.A.C. Having reached a resolution of the matter Respondent and the Department mutually agree and it is ORDERED: 5. Within 270 days of the effective date of this Order, Respondent shall submit an Engineering Evaluation Report("Report")recommending corrective action for the Copper violations at the Facility to the Department for approval. 6. Within 30 days of Department approval, Respondent shall submit a complete application for a Department wastewater permit to construct the modifications listed in the Report in Paragraph 5, above, if such a permit is required. 7. Within 400 days of the date a wastewater permit is issued, or, if no permit is required,within 460 days of the effective date of this Order, Respondent shall complete construction of the modification(s)developed pursuant to Paragraph 5, above, and submit a Certification of Completion, prepared and sealed by a professional engineer registered in the State of Florida, stating that modifications to the Facility have been constructed in accordance with the provisions of the Permit. 8. Respondent shall demonstrate compliance with permitted effluent limits for Total Recoverable Copper for 6 consecutive months. Upon demonstration of compliance,the Department shall close this enforcement action. 9. Respondent shall comply with the conditions of the current domestic wastewater permit. The effluent discharged from the Facility to the Indian River North(Mosquito Lagoon) shall comply with the interim limit in Table 1, below. All of the other parameter limits in the Permit remain the same. The interim limit shall become effective upon the first day of the month following the effective date of this Consent Order. The interim limit shall remain in effect until July 31, 2015 or until compliance is demonstrated as referenced in Paragraph 8, above. A copy of the DMR, DEP Form 62-620.910(10),to be used for reporting the interim limit is incorporated herein and attached as Exhibit 1. The analysis and reporting of the interim limit shall be in accordance with the Permit. The interim limit does not act as State of Florida Department of Environmental Protection Wastewater Permit effluent limitations or modified Permit limitations, nor do they authorize or DEP vs. City of Edgewater Consent Order, OGC No. 12-1658 Page 3 otherwise justify violation of the Florida Air and Water Pollution Control Act, Part I, Chapter 403, F.S., during the pendency of this Order. Table 1: Interim Limit for Discharge to the Indian River North (Mosquito Lagoon) uent I iniit i ' t nito� ' q ireh # Copper, Total ug/L Maximum 7.5 Monthly EFD-1 * Recoverable * 16-hour flow proportioned composite samples. Analyses shall be reported once each month on a Discharge Monitoring Report(DMR), DEP Form 62-620.910(10)attached as Exhibit 1. These reports shall be mailed to the Department of Environmental Protection, Wastewater Compliance Evaluation Section, Mail Station 3551, Bob Martinez Center, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 once each month and must be received by the Department no later than the 28th day following the end of the reporting period (e.g., the August report would be due not later than September 28th.) 10. Every calendar quarter after the effective date of this Order and continuing until all corrective actions have been completed, Respondent shall submit to the Department a written report containing information about the status and progress of projects being completed under this Order, information about compliance or noncompliance with the applicable requirements of this Order, including construction requirements and effluent limitations, and any reasons for noncompliance. These reports shall also include a projection of the work Respondent will perform pursuant to this Order during the quarterly period which will follow the report. Respondent shall submit the reports to the Department within 30 days of the end of each quarter. 11. Notwithstanding the time periods described in the paragraphs above, Respondent shall complete all corrective actions required by Paragraphs 5 by July 31, 2015 and be in full compliance with Rule 62-620.300(5), F.A.C., regardless of any intervening events or alternative time frames imposed in this Order, other than those excused delays agreed to by the Department, as described in Paragraph 20, below. DEP vs. City of Edgewater Consent Order, OGC No. 12-1658 Page 4 12. Within 30 days of the effective date of this Order, Respondent shall pay the Department $5,000.00 in settlement of the regulatory matters addressed in this Order. This amount includes $4,000.00 for civil penalties and $1,000.00 for costs and expenses incurred by the Department during the investigation of this matter and the preparation and tracking of this Order. The civil penalty in this case includes 1 violation that warrants a penalty of$2,000.00 or more. 13. In lieu of making cash payment of$4,000.00 in civil penalties as set forth in Paragraph 12, above, Respondent may elect to off-set this amount by implementing a pollution prevention project, which must be approved by the Department. A pollution prevention project must be either a source reduction, waste minimization, or on-site recycling project. If Respondent chooses to implement a pollution prevention project, Respondent shall notify the Department of its election by certified mail within 15 days of the effective date of this Order. Notwithstanding the election to implement a pollution prevention project, Respondent must pay the remaining $1,000.00 in costs within 30 days of the effective date of the Consent Order. 14. If Respondent elects to implement a pollution prevention project as provided in Paragraph 13, above,then Respondent shall comply with all of the requirements and time frames in Exhibit 2. 15. Respondent agrees to pay the Department stipulated penalties in the amount of $500.00 per day for each and every day Respondent fails to timely comply with any of the requirements of Paragraphs 5, 6, 7, 8, 9, 10, 11, 14 and 29 of this Order. The Department may demand stipulated penalties at any time after violations occur. Respondent shall pay stipulated penalties owed within 30 days of the Department's issuance of written demand for payment, and shall do so as further described in Paragraph 16, below. Nothing in this paragraph shall prevent the Department from filing suit to specifically enforce any terms of this Order. Any stipulated penalties assessed under this paragraph shall be in addition to the civil penalties agreed to in Paragraph 12 of this Order. 16. Respondent shall make all payments required by this Order by cashier's check, money order or City check. Payment instruments shall be made payable to the "Department of Environmental Protection" and shall include both the OGC number assigned to this Order and the notation"Ecosystem Management and Restoration Trust Fund." 17. Except as otherwise provided, all submittals and payments required by this Order shall be sent to Program Manager, Wastewater Compliance/Enforcement Section,Department of DEP vs. City of Edgewater Consent Order, OGC No. 12-1658 Page 5 Environmental Protection, Central District Office, 3319 Maguire Boulevard, Suite 232, Orlando, Florida 32803-3767. 18. Respondent shall allow all authorized representatives of the Department access to the Facility and the Property at reasonable times for the purpose of determining compliance with the terms of this Order and the rules and statutes administered by the Department. 19. In the event of a sale or conveyance of the Facility or of the Property upon which the Facility is located, if all of the requirements of this Order have not been fully satisfied, Respondent shall, at least 30 days prior to the sale or conveyance of the Facility or Property, (a)notify the Department of such sale or conveyance, (b)provide the name and address of the purchaser, operator, or person(s) in control of the Facility, and (c)provide a copy of this Order with all attachments to the purchaser, operator, or person(s) in control of the Facility. The sale or conveyance of the Facility or the Property does not relieve Respondent of the obligations imposed in this Order. 20. If any event, including administrative or judicial challenges by third parties unrelated to Respondent, occurs which causes delay or the reasonable likelihood of delay in complying with the requirements of this Order, Respondent shall have the burden of proving the delay was or will be caused by circumstances beyond the reasonable control of Respondent and could not have been or cannot be overcome by Respondent's due diligence.Neither economic circumstances nor the failure of a contractor, subcontractor, materialman, or other agent(collectively referred to as "contractor")to whom responsibility for performance is delegated to meet contractually imposed deadlines shall be considered circumstances beyond the control of Respondent(unless the cause of the contractor's late performance was also beyond the contractor's control). Upon occurrence of an event causing delay, or upon becoming aware of a potential for delay, Respondent shall notify the Department by the next working day and shall, within seven calendar days notify the Department in writing of(a)the anticipated length and cause of the delay, (b)the measures taken or to be taken to prevent or minimize the delay, and(c)the timetable by which Respondent intends to implement these measures. If the parties can agree that the delay or anticipated delay has been or will be caused by circumstances beyond the reasonable control of Respondent,the time for performance hereunder shall be extended. The agreement to extend compliance must identify the provision or provisions extended,the new compliance date or dates, and the additional measures Respondent must take to avoid or minimize the delay, if any. Failure of Respondent to comply with the notice DEP vs. City of Edgewater Consent Order, OGC No. 12-1658 Page 6 requirements of this paragraph in a timely manner constitutes a waiver of Respondent's right to request an extension of time for compliance for those circumstances. 21. The Department, for and in consideration of the complete and timely performance by Respondent of all the obligations agreed to in this Order, hereby conditionally waives its right to seek judicial imposition of damages or civil penalties for the violations described above up to the date of the filing of this Order. This waiver is conditioned upon Respondent's complete compliance with all of the terms of this Order. 22. This Order is a settlement of the Department's civil and administrative authority arising under Florida law to resolve the matters addressed herein. This Order is not a settlement of any criminal liabilities which may arise under Florida law, nor is it a settlement of any violation which may be prosecuted criminally or civilly under federal law. Entry of this Order does not relieve Respondent of the need to comply with applicable federal, state, or local laws, rules, or ordinances. 23. The Department hereby expressly reserves the right to initiate appropriate legal action to address any violations of statutes or rules administered by the Department that are not specifically resolved by this Order. 24. Respondent is fully aware that a violation of the terms of this Order may subject Respondent to judicial imposition of damages, civil penalties up to $10,000.00 per day per violation, and criminal penalties. 25. Respondent acknowledges and waives its right to an administrative hearing pursuant to sections 120.569 and 120.57, F.S., on the terms of this Order. Respondent also acknowledges and waives its right to appeal the terms of this Order pursuant to section 120.68, F.S. 26. Electronic signatures or other versions of the parties' signatures, such as .pdf or facsimile, shall be valid and have the same force and effect as originals. No modifications of the terms of this Order will be effective until reduced to writing, executed by both Respondent and the Department, and filed with the clerk of the Department. 27. The terms and conditions set forth in this Order may be enforced in a court of competent jurisdiction pursuant to sections 120.69 and 403.121, F.S. Failure to comply with the terms of this Order constitutes a violation of section 403.161(1)(b), F.S. 28. This Consent Order is a final order of the Department pursuant to section 120.52(7), F.S., and it is final and effective on the date filed with the Clerk of the Department unless a Petition DEP vs. City of Edgewater Consent Order, OGC No. 12-1658 Page 7 for Administrative Hearing is filed in accordance with Chapter 120, F.S. Upon the timely filing of a petition,this Consent Order will not be effective until further order of the Department. 29. Respondent shall publish the following notice in a newspaper of daily circulation in Volusia County, Florida. The notice shall be published one time only within 14 days of the effective date of the Order. Respondent shall provide a certified copy of the published notice to the Department within 10 days of publication. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF CONSENT ORDER The Department of Environmental Protection ("Department") gives notice of agency action of entering into a Consent Order with the City of Edgewater pursuant to section 120.57(4), Florida Statutes. The Consent Order addresses the exceedance of the copper permit limit for the discharge to the Indian River North (Mosquito Lagoon)at 500 W Ocean Ave, Edgewater, in Volusia County, Florida. The Consent Order is available for public inspection during normal business hours, 8:00 a.m.to 5:00 p.m., Monday through Friday, except legal holidays, at the Department of Environmental Protection, Central District Office, 3319 Maguire Boulevard, Suite 232, Orlando, Florida 32803-3767. Persons who are not parties to this Consent Order, but whose substantial interests are affected by it, have a right to petition for an administrative hearing under sections 120.569 and 120.57, Florida Statutes. Because the administrative hearing process is designed to formulate final agency action,the filing of a petition concerning this Consent Order means that the Department's final action may be different from the position it has taken in the Consent Order. The petition for administrative hearing must contain all of the following information: a) The OGC Number assigned to this Consent Order; b) The name, address, and telephone number of each petitioner; the name, address, and telephone number of the petitioner's representative, if any,which shall be the address for service purposes during the course of the proceeding; c) An explanation of how the petitioner's substantial interests will be affected by the Consent Order; d) A statement of when and how the petitioner received notice of the Consent Order; DEP vs. City of Edgewater Consent Order, OGC No. 12-1658 Page 8 e) Either a statement of all material facts disputed by the petitioner or a statement that the petitioner does not dispute any material facts; f) A statement of the specific facts the petitioner contends warrant reversal or modification of the Consent Order; g) A statement of the rules or statutes the petitioner contends require reversal or modification of the Consent Order; and h) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Consent Order. The petition must be filed(received) at the Department's Office of General Counsel, 3900 Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 21 days of receipt of this notice. A copy of the petition must also be mailed at the time of filing to the District Office at Central District Office, 3319 Maguire Boulevard, Suite 232, Orlando, Florida 32803-3767. Failure to file a petition within the 21-day period constitutes a person's waiver of the right to request an administrative hearing and to participate as a party to this proceeding under sections 120.569 and 120.57, Florida Statutes. Before the deadline for filing a petition, a person whose substantial interests are affected by this Consent Order may choose to pursue mediation as an alternative remedy under section 120.573, Florida Statutes. Choosing mediation will not adversely affect such person's right to request an administrative hearing if mediation does not result in a settlement. Additional information about mediation is provided in section 120.573, Florida Statutes and Rule 62-110.106(12), Florida Administrative Code. 30. Rules referenced in this Order are available at http://www.dep.state.fl.us/legal/Rules/rulelistnum.htm. FOR THE RESPONDENT: Michael L. Thomas Date Mayor City of Edgewater DEP vs. City of Edgewater Consent Order, OGC No. 12-1658 Page 9 FOR DEPARTMENT USE ONLY DONE AND ORDERED this day of , 2012, in Orange County, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Jeff Prather Director Central District Filed, on this date, pursuant to section 120.52, F.S.,with the designated Department Clerk, receipt of which is hereby acknowledged. Clerk Date cc: Lea Crandall, Agency Clerk, Mail Station 35, lea.crandall @dep.state.fl.us DW Permitting Section, dennise Judy @dep.state.fl.us Edward Smith, FDEP Tallahassee, Edward.c.smith @dep.state.fl.us DW CO(REV.06/09) D.E.P. — ORLANDO EXHIBIT NO. 1 CITY OF EDGEWATER EDGEWATER WWTF DISCHARGE MONITORING REPORTS (DMRS) (16 pages) OGC File No. 12-1658 DEPARTMENT OF ENVIRONMENTAL PROTECTION DISCHARGE MONITORING REPORT-PART A When Completed mail this report to:Department of Environmental Protection,Wastewater Compliance Evaluation Section,MS 3551,2600 Blair Stone Road,Tallahassee,FL 32399-2400 PERMITTEE NAME: Edgewater,City of PERMIT NUMBER: FL0021431-009-DWIP/OGC 12-1658 Expiration Date: June 10,2017 MAILING ADDRESS: Po Box 100 Edgewater,Florida 32132-100 LIMIT: Interim REPORT FREQUENCY: Monthly CLASS SIZE: MI PROGRAM: Domestic FACILITY: Edgewater,City of MONITORING GROUP NUMBER: D-0O1 LOCATION: 500 W Ocean Ave MONITORING GROUP DESCRIPTION: Flow to river,including Influent Edgewater,FL 32132-2164 RE-SUBMITTED DMR: ❑ NO DISCHARGE FROM SITE: ❑ COUNTY: Volusia MONITORING PERIOD From To: OFFICE: Central District Parameter Quantity or Loading Units Quality or Concentration Units No. Frequency of Sample Type Ex. Analysis Flow(To surface water) Sample Measurement PARM Code 50050 Y Permit 0.83 MGD Continuous Flow Totalizer Mon.Site No.FLW-1 Requirement (An.Avg.) Flow(To surface water) Sample Measurement PARM Code 50050 I Permit Report MOD Continuous Flow Totalizer Mon.Site No.FLW-t Requirement (Mo.Avg.) BOD,Carbonaceous 5 day,20C Sample Measurement PARM Code 80082 Y Permit 5.0 mg/L Weekly 16-hr FPC Mon.Site No.EFD-1 Requirement (An.Avg.) BOD,Carbonaceous 5 day,20C Sample Measurement PARM Code 80082 1 Permit 10.0 7.5 6.25 mg/L Weekly 16-hr FPC Mon.Site No.EFD-1 Requirement (Max.) (Wk.Avg.) (Mo.Avg.) Solids,Total Suspended Sample Measurement PARM Code 00530 Y Permit 5.0 mg/L Weekly 16-hr FPC Mon.Site No.EFD-1 Requirement (An.Avg.) Solids,Total Suspended Sample Measurement PARM Code 00530 I Permit 10.0 7.5 6.25 mg/L Weekly 16-hr FPC Mon.Site No.EFD-1 uirement Req� (Max.) (Wk.Avg.) (Mo.Avg.) I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and complete. I am aware that there are significant penalties for submitting false information,including the possibility of fine and imprisonment for knowing violations. NAME/TITLE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT SIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT TELEPHONE NO DATE(mm/dd/yyyy) COMMENT AND EXPLANATION OF ANY VIOLATIONS(Reference all attachments here): 1 ISSUANCE/REISSUANCE DATE:November 21,2012 DEP Form 62-620.910(10),Effective Nov.29,1994 DISCHARGE MONITORING REPORT-PART A(Continued) FACILITY: Edgewater,City of MONITORING GROUP D-001 PERMIT NUMBER:FL002 143 1-009-DWIP/OGC12-1658 NUMBER: MONITORING PERIOD From: To Parameter Quantity or Loading Units Quality or Concentration Units No Frequency of Sample Type Ex. Analysis Coliform,Fecal Sample Measurement PARM Code 74055 Y Permit 14 a/toomL Weekly Grab Mon.Site No.EFA-1 Requirement (An.Avg.) Coliform,Fecal Sample Measurement PARM Code 74055 A Permit Report 86 #/loomL Weekly Grab Mon.Site No.EFA-1 Requirement (Mo.Med.) (Max.) Enterococci Sample Measurement PARM Code 31639 A Permit 35 a/loomL 5/Month Grab Mon.Site No.EFA-I Requirement (Mo.Geo.Mn.) , pH Sample Measurement PARM Code 00400 1 Permit 6.0 8.5 s.u. Continuous Meter Mon.Site No EFD-2 Requirement (Mn.) (Max.) Chlorine,Total Residual(For Sample Disinfection) Measurement PARM Code 50060 A Permit 1.0 mg/L Continuous Meter Mon.Site No.EFA-1 Requirement (Mn.) Chlorine,Total Residual(For Sample Dechlorination) Measurement PARM Code 50060 Q Permit 0.01 mg/L Daily;24 hours Grab Mon.Site No.EFD-2 Requirement (Max.) Nitrogen,Total Sample Measurement PARM Code 00600 1 Permit 6.0 4.5 3.75 mg/L Weekly 16-hr FPC Mon.Site No.EFD-1 Requirement (Max.) (Wk.Avg.) (Mo.Avg.) Nitrogen,Total Sample Measurement PARM Code 00600 Q Permit 7580 lb/yr Monthly Calculated Mon.Site No.EFD-1 Requirement (An.Total) Phosphorus,Total (as P) Sample Measurement PARM Code 00665 I Permit 2.0 1.5 1.25 mg/L Weekly 16-hr FPC Mon.Site No.EFD-1 Requirement (Max.) (Wk.Avg.) (Mo.Avg.) , Phosphorus,Total(as P) Sample Measurement PARM Code 00665 Q Permit 2530 lb/yr Monthly Calculated Mon.Site No.EFD-1 Requirement (An.Total) Oxygen,Dissolved(DO) Sample Measurement PARM Code 00300 1 Permit 5.0 mg/L Daily;24 hours Grab Mon.Site No.EFD-2 Requirement (Min.) 2 ISSUANCE/REISSUANCE DATE:November 21,2012 DEP Form 62-620.910(10),Effective Nov.29,1994 DISCHARGE MONITORING REPORT-PART A(Continued) FACILITY: Edgewater,City of MONITORING GROUP D-001 PERMIT NUMBER FL0021431-009-DW IP/OGC 12-1658 NUMBER: MONITORING PERIOD From: To Parameter Quantity or Loading Units Quality or Concentration Units No Frequency of Sample Type By Analysis Copper,Total Recoverable Sample Measurement PARM Code 01 119 1 Permit 7.5 ug/L Monthly 16-hr FPC Mon.Site No.EFD-1 Requirement (Max.) Flow(Total through plant) Sample Measurement PARM Code 50050 Q Permit 2.75 MGD Continuous Flow Totalizer Mon.Site No.FLW-4 Requirement (An.Avg.) Flow(Total through plant) Sample Measurement PARM Code 50050 R Permit Report Report MGD Continuous Flow Totalizer Mon.Site No.FLW-4 Requirement (Mo.Avg.) (Qt.Avg) Percent Capacity,(TMADF/ Sample Permitted Capacity)x 100 Measurement PARM Code 00180 P Permit Report percent Monthly Calculated Mon.Site No.CAL-I Requirement (Mo.Avg.) BOD,Carbonaceous 5 day,20C Sample (Influent) Measurement PARM Code 80082 Q Permit Report mg/L Weekly 16-hr FPC Mon.Site No.INF-1 Requirement (Max.) Solids,Total Suspended(Influent) Sample Measurement PARM Code 00530 Q Permit Report mg/L Weekly 16-hr FPC Mon.Site No.INF-1 Requirement (Max.) 3 ISSUANCE/REISSUANCE DATE November 21,2012 DEP Form 62-620.910(10),Effective Nov.29,1994 DEPARTMENT OF ENVIRONMENTAL PROTECTION DISCHARGE MONITORING REPORT-PART A When Completed mail this report to:Department of Environmental Protection,Wastewater Compliance Evaluation Section,MS 3551,2600 Blair Stone Road,Tallahassee,FL 32399-2400 PERMITTEE NAME: Edgewater,City of PERMIT NUMBER: FL002143l-009-DWIP/OGC 12-1658 MAILING Po Box 100 ADDRESS: Edgewater,Florida 32132-100 LIMIT: Final REPORT FREQUENCY: Toxicity CLASS SIZE: MI PROGRAM: Domestic FACILITY: Edgewater,City of MONITORING GROUP NUMBER: D-001 LOCATION: 500 W Ocean Ave MONITORING GROUP Flow to river,including Influent DESCRIPTION: Edgewater,FL 32132-2164 RE-SUBMITTED DMR: ❑ NO DISCHARGE FROM SITE: ❑ MONITORING NOT REQUIRED:❑ COUNTY: Volusia MONITORING PERIOD From To OFFICE: Central District Parameter Quantity or Loading Units Quality or Concentration Units No Frequency of Sample Type Ex. Analysis LC50 STATRE 96HOUR ACUTE Sample Ceriodaphnia dubia(Routine) Measurement PARM Code TAN3B P Permit 100 percent Annually 4 grabs/24 hr. Mon.Site No.EFD-2 Requirement - (Min.) LC50 STATRE 96HOUR ACUTE Sample Ceriodaphnia dubia(Additional) Measurement PARM Code TAN3B Q Permit 100 percent As needed As required by Mon.Site No.EFD-2 Requirement (Min.) the permit LC50 STATRE 96HOUR ACUTE Sample Ceriodaphnia dubia(Additional) Measurement _ PARM Code TAN3B R Permit 100 percent As needed As required by Mon.Site No.EFD-2 Requirement - (Mtn.) the permit LC50 STATRE 96HOUR ACUTE Sample Cyprinella leedsi(Routine) Measurement PARM Cade TAN6H P Permit 100 percent Annually 4 grabs/24 hr. Mon.Site No.EFD-2 Requirement (Mn.). LC50 STATRE 96HOUR ACUTE Sample Cyprinella leedsi(Additional) Measurement PARM Cale TAN6H Q Permit 100 percent As needed As required by Mon.Site No.EFD-2 Requirement (Mn.) the permit LC50 STATRE 96HOUR ACUTE Sample Cyprinella leedsi(Additional) Measurement • PARM Cale TAN6H R Permit 100 percent As needed As required by Mon.Site No.EFD-2 Requirement (Mn.) the permit 'ENTER"MNR"IN THE RESULTS COLUMN FOR EACH TEST THAT IS NOT REQUIRED. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and complete. I am aware that there are significant penalties for submitting false information,including the possibility of fine and imprisonment for knowing violations. NAME/TITLE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT SIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT TELEPHONE NO DATE(mm/dd/yyyy) COMMENT AND EXPLANATION OF ANY VIOLATIONS(Reference all attachments here): 4 ISSUANCE/REISSUANCE DATE:November 21,2012 DEP Form 62-620910(10),Effective Nov.29,1994 DEPARTMENT OF ENVIRONMENTAL PROTECTION DISCHARGE MONITORING REPORT-PART A When Completed mail this report to:Department of Environmental Protection,Wastewater Compliance Evaluation Section,MS 3551,2600 Blair Stone Road,Tallahassee,FL 32399-2400 PERMITTEENAME: Edgewater,City of PERMIT NUMBER: FL002143t-009-DWIP MAILING ADDRESS: Po Box 100 Edgewater,Florida 32132-100 LIMIT: Final REPORT FREQUENCY: Monthly CLASS SIZE: MI PROGRAM: Domestic FACILITY: Edgewater,City of MONITORING GROUP NUMBER: R-001 LOCATION: 500 W Ocean Ave MONITORING GROUP DESCRIPTION: Public Access Reuse Edgewater,FL 32132-2164 RE-SUBMITTED DMR: ❑ NO DISCHARGE FROM SITE: ❑ COUNTY: Volusia MONITORING PERIOD From: To OFFICE: Central District Parameter Quantity or Loading Units Quality or Concentration Units Na Frequency of Sample Type Ex. Analysis Flow(Public Access Reuse) Sample Measurement PARM Code 50050 Y Permit 2.75 MGD ' Continuous Flow Totalizer Mon.Site No.FLW-2 Requirement (An.Avg.) Flow(Public Access Reuse) Sample Measurement PARM Code 50050 1 Permit Report MGD Continuous Flow Totalizer Mon.Site No.FLW-2 Requirement (Mo.Avg.) - Flow(Out of borrow pit) Sample Measurement PARM Code 50050 Q Permit Report MGD Continuous Flow Totalizer Mon.Site No.FLW-3 Requirement (An.Avg.) BOD,Carbonaceous 5 day,20C Sample Measurement PARM Code 80082 Y Permit 20.0 mg/L Weekly 16-hr FPC Mon.SiteNo.EFA-1 Requirement (An.Avg.) BOD,Carbonaceous 5 day,20C Sample Measurement PARM Code 80082 A Permit 60.0 45.0 30.0 mg/L Weekly 16-hr FPC Mon.Site No.EFA-I Requirement (Max.) (Wk.Avg.) (Mo.Avg.) I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and complete. I am aware that there are significant penalties for submitting false information,including the possibility of fine and imprisonment for knowing violations. NAMEl17TLE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT SIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT TELEPHONE NO DATE(mm/dd/yyyy) COMMENT AND EXPLANATION OF ANY VIOLATIONS(Reference all attachments here): 5 ISSUANCE/REISSUANCE DATE:November 21,2012 DEP Form 62-620.910(10),Effective Nov.29,1994 DISCHARGE MONITORING REPORT-PART A(Continued) FACILITY: Edgewater,City of MONITORING GROUP R-001 PERMIT NUMBER:FL0021431-009-DWIP NUMBER: MONITORING PERIOD From To: Parameter Quantity or Loading Units Quality or Concentration Units No. Frequency of Sample Type Ex. Analysis _ Solids,Total Suspended Sample Measurement PARM Code 00530 B Permit 5.0 mg/L Daily;24 hours Grab Mon.Site No EFB-I Requirement (Max.) Coliform,Fecal Sample Measurement PARM Code 74055 A Permit 25 a/ioomt. Daily;24 hours Grab Mon.Site No.EFA-1 Requirement (Max.) Coliform,Fecal,%less than Sample detection Measurement _ PARM Code 51005 A Permit 75 percent Daily;24 hours Calculated Mon.Site No.EFA-I Requirement (ha l) pH Sample Measurement PARM Code 00400 A Permit 6.0 8.5 s.a. Continuous Meter Mon.Site No.EFA-1 Requirement (Ma) (Max. Chlorine,Total Residual(For Sample Disinfection) Measurement PARM Code 50060 A Permit 1.0 mg/I- Continuous Meter Mon.Site No.EFA-I Requirement (Mn. Turbidity Sample Measurement PARM Code 00070 B Permit Report NTU Continuous Meter Mon.Site No,EFB-1 Requirement (Max.) • • • I _ 6 ISSUANCE/REISSUANCE DATE:November 21,2012 DEP Form 62-620.910(10),Effective Nov.29,1994 DEPARTMENT OF ENVIRONMENTAL PROTECTION DISCHARGE MONITORING REPORT-PART A When Completed mail this report to:Department of Environmental Protection,Wastewater Compliance Evaluation Section,MS 3551,2600 Blair Stone Road,Tallahassee,FL 32399-2400 PERMITTEE NAME: Edgewater,City of PERMIT NUMBER: FL002143 t-009-DWIP MAILING ADDRESS: Po Box 100 Edgewater,Florida 32132-100 LIMIT: Final REPORT FREQUENCY: Annually CLASS SIZE: MI PROGRAM: Domestic FACILITY: Edgewater,City of MONITORING GROUP NUMBER: R-001 LOCATION: 500 W Ocean Ave MONITORING GROUP DESCRIPTION: PAR Edgewater,FL 32132-2164 RE-SUBMITTED DMR: ❑ NO DISCHARGE FROM SITE ❑ COUNTY: Volusia MONITORING PERIOD From: To: OFFICE: Central District Parameter Quantity or Loading Units Quality or Concentration Units No. Frequency of Sample Type Ex. Analysis Coliform,Fecal Sample Measurement PARM Code 74055 P Permit 25 #/loomL Annually Grab Mon.Site No.OTH-I Requirement (Max.) I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and complete. I am aware that there are significant penalties for submitting false information,including the possibility of fine and imprisonment for knowing violations. NAME/TITLE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT SIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT TELEPHONE NO DATE(mm/dd/yyyy) COMMENT AND EXPLANATION OF ANY VIOLATIONS(Reference all attachments here): 7 ISSUANCE/REISSUANCE DATE:November 21,2012 DEP Form 62-620.910(10),Effective Nov.29,1994 DEPARTMENT OF ENVIRONMENTAL PROTECTION DISCHARGE MONITORING REPORT-PART A When Completed mail this report to:Department of Environmental Protection,Wastewater Compliance Evaluation Section,MS 3551,2600 Blair Stone Road,Tallahassee,FL 32399-2400 PERMITTEENAME: Edgewater,City of PERMIT NUMBER: FL0021431-009-DWIP MAILING ADDRESS: Po Box 100 Edgewater,Florida 32132-100 LIMIT: Final REPORT FREQUENCY: Monthly CLASS SIZE: MI PROGRAM: Domestic FACILITY: Edgewater,City of MONITORING GROUP NUMBER: RMP-Q LOCATION: 500 W Ocean Ave MONITORING GROUP DESCRIPTION Biosolids Quantity Edgewater,FL 32132-2164 RE-SUBMITTED DMR: ❑ NO DISCHARGE FROM SITE: ❑ COUNTY: Volusia MONITORING PERIOD From: To OFFICE: Central District Parameter Quantity or Loading Units Quality or Concentration Units Na Frequency of Sample Type Ex. Analysis Biosolids Quantity(Land-Applied) Sample Measurement PARM Code B0006 + Permit Report ton(d) Monthly Calculated Mon.Site No.RMP-1 Requirement (Mo.Total) _. Biosolids Quantity(Landfilled) Sample Measurement PARM Code B0008 + Permit Report ton(d) Monthly Calculated Mon.Site No.RMP-1 Requirement (Mo.Total) 1 certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and complete. I am aware that there are significant penalties for submitting false information,including the possibility of fine and imprisonment for knowing violations. NAME/TITLE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT SIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT TELEPHONE NO DATE(mmidd/yyyy) COMMENT AND EXPLANATION OF ANY VIOLATIONS(Reference all attachments here): 8 ISSUANCE/REISSUANCE DATE:November 21,2012 DEP Form 62-620.910(10),Effective Nov.29,1994 DAILY SAMPLE RESULTS -PART B Permit Number: FL0021431-009-DW1P/OGC 12-1658 Facility: Edgewater,City of Monitoring Period From: To: BOD, Chlorine,Total Coliform,Fecal Nitrogen,Total Phosphorus, pH pH Solids,Total Turbidity Carbonaceous 5 Residual(For #/100mL mg/L Total (as P) s.u. s.u. Suspended NTU day,20C Disinfection) mg/L (Min.) (Max.) mg/L mg/L mg/L Code 80082 50060 74055 00600 00665 00400 00400 00530 00070 Mon.Site EFA-1 EFA-1 EFA-1 EFA-1 EFA-1 EFA-1 EFA-1 EFB-1 EFB-1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Total II I I I I I Mo.Avg. I I I I I PLANT STAFFING: Day Shift Operator Class: Certificate No: Name: Evening Shift Operator Class: Certificate No: Name: Night Shift Operator Class: Certificate No: Name: Lead Operator Class: Certificate No: Name: 9 ISSUANCE/REISSUANCE DATE:November 21,2012 DEP Form 62-620.910(10),Effective Nov.29,1994 DAILY SAMPLE RESULTS -PART B Permit Number: FL0021431-009-DWIP/OGC 12-1658 Facility: Edgewater,City of Monitoring Period From: To: BOD, Copper,Total Nitrogen,Total Phosphorus, Solids,Total Chlorine,Total Oxygen, pH pH Carbonaceous 5 Recoverable mg/L Total (as P) Suspended Residual(For Dissolved (DO) s.u. s.u. day,20C ug/L mg/L mg/L Dechlorination) mg/L (Min.) (Max.) mg/L mg/L Code 80082 01119 00600 00665 00530 50060 00300 00400 00400 Mon.Site EFD-1 EFD-1 EFD-1 EFD-1 EFD-1 EFD-2 EFD-2 EFD-2 EFD-2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Tom Ji I I I I I I I 1 Mo.Avg. I I I I PLANT STAFFING: Day Shift Operator Class: Certificate No: Name: Evening Shift Operator Class: Certificate No: Name: Night Shift Operator Class: Certificate No: Name: Lead Operator Class: Certificate No: Name: 10 ISSUANCE/REISSUANCE DATE:November 21,2012 DEP Form 62-620.910(10),Effective Nov.29,1994 DAILY SAMPLE RESULTS -PART B Permit Number: FL0021431-009-DW1P/OGC 12-1658 Facility: Edgewater,City of Monitoring Period From: To: Flow(To Flow(Public Flow(Out of Flow(Total BOD, Solids,Total surface water) Access Reuse) borrow pit) through plant) Carbonaceous 5 Suspended MGD MGD MGD MGD day,20C (Influent) (Influent) mg/L mg/L Code 50050 50050 50050 50050 80082 00530 Mon.Site FLW-1 FLW-2 FLW-3 FLW-4 INF-1 INF-1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Total Mo.Avg. 11 I I I I PLANT STAFFING: Day Shift Operator Class: Certificate No: Name: Evening Shift Operator Class: Certificate No: Name: Night Shift Operator Class: Certificate No: Name: Lead Operator Class: Certificate No: Name: 11 ISSUANCE/REISSUANCE DATE:November 21,2012 DEP Form 62-620.910(10),Effective Nov.29,1994 DEP Form#62-522.900(2) Form Title Ground Water Monitoring Report Florida Department of Environmental Protection Effective Date Twin Towers Office Bldg. 2600 Blair Stone Road Tallahassee,Florida 32399-2400 DEP Application No. GROUND WATER MONITORING REPORT Rule 62-522.600(11) PART I GENERAL INFORMATION (1) Facility Name Edgewater WWfF—Volusia County Address City Zip Telephone Number ( ) (2) The GMS Identification Number -- (3) DEP Permit Number FL0021431 (4) Authorized Representative Name Address City Zip Telephone Number ( ) (5) Type of Discharge (6) Method of Discharge Certification I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true,accurate,and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. Date: Signature of Owner or Authorized Representative PART II QUALITY ASSURANCE REQUIREMENTS Sample Organization Comp QAP# Analytical Lab Comp QAP#/HRS Certification# *Comp QAP#/HRS Certification# Lab Name Address Phone Number( ) 03/06/2012 12 ISSUANCE/REISSUANCE DATE:November 21,2012 DEP Form 62-620.910(10),Effective Nov.29,1994 GROUND WATER MONITORING WELL REPORT-PART D County: Volusia Monitoring Well ID: MWB-1" Facility Name: Edgewater WWTF Well Type: Background Permit Number: FL0021431 Description: Well Name MWB-1 Whistle Stop Park Site WAFR#122035 Monitoring Period From: _ To: Date Sample Obtained: Was the well purged before sampling? Yes No Time Sample Obtained: Parameter Permit Sample Measurement Units Compliance Detection Limits Analysis Method Monitoring Sampling Samples Builder Limit Frequency Equipment Used Filtered(L/F/N)- (Analysis Results) PARM Code Water Level Relative to Feet,NGVD 82545 Feet Report Quarterly Nitrate,(as N) 00620 mg/L Report Quarterly Solids,Total Dissolved(TDS) 70295 mg/L Report Quarterly Chloride(as CI) 00940 mg/L. Report Quarterly Coliform,Fecal 74055 #/100mL Report Quarterly pH 00400 SU Report Quarterly Turbidity,Lab,Ntu 82079 NTU Report Quarterly "A new background well(MWB-1 WAFR#122035)has been approved to be installed at the Whistle Stop Park Site. I certify under penalty of law that I have personally examined and am familiar with the information submitted herein;and based on my inquiry of those individuals immediately responsible for obtaining the information, I believe the submitted information is true,accurate and complete.1 am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment. NAME/TITLE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT SIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT TELEPHONE NO DATE(VV/MM/DD) 03/06/2012 COMMENTS AND EXPLANATION(Reference all attachments here): 13 ISSUANCE/REISSUANCE DATE:November 21,2012 DEP Form 62-620.910(10),Effective Nov.29,1994 GROUND WATER MONITORING WELL REPORT-PART D County: Volusia Monitoring Well ID: MWC-3• Facility Name: Edgewater WWTF Well Type: Compliance Permit Number: FL0021431 Description: Well Name MWC-3 Whistle Stop Park Site WAFR 0122036 Monitoring Period From To: Date Sample Obtained: Was the well purged before sampling? Yes No Time Sample Obtained: Parameter Permit Sample Measurement Units Compliance Detection Limits Analysis Method Monitoring Sampling Samples Builder Limit Frequency Equipment Used Filtered(L/F/N) (Analysis Results) FARM Code Water Level Relative to Feet,NGVD 82545 Feet Report Quarterly Nitrate,(as N) 00620 mg/L 10 Quarterly Solids,Total Dissolved(TDS) 70295 mg/L 500 Quarterly Chloride(as CI) 00940 mg/L 250 Quarterly Coliform,Fecal 74055 #/100mL 4 Quarterly pH 00400 SU 6.5-8.5 Quarterly Turbidity,Lab—Ntu. 82079 NTU Report Quarterly •A new compliance well(MWC-3 WAFR#122036)has been approved to be installed at the Whistle Stop Park Site. 03/06/2012 COMMENTS AND EXPLANATION(Reference all attachments here): 14 ISSUANCE/REISSUANCE DATE:November 21,2012 DEP Form 62-620.910(10),Effective Nov.29,1994 INSTRUCTIONS FOR COMPLETING THE WASTEWATER DISCHARGE MONITORING REPORT Read these instructions before completing the DMR. Hard copies and/or electronic copies of the required parts of the DMR were provided with the permit. All required information shall be completed in full and typed or printed in ink. A signed,original DMR shall be mailed to the address printed on the DMR by the 28th of the month following the monitoring period.The DMR shall not be submitted before the end of the monitoring period. The DMR consists of three parts--A,B,and D—all of which may or may not be applicable to every facility.Facilities may have one or more Part A's for reporting effluent or reclaimed water data. All domestic wastewater facilities will have a Part B for reporting daily sample results. Part D is used for reporting ground water monitoring well data When results are not available,the following codes should be used on parts A and D of the DMR and an explanation provided where appropriate.Note:Codes used on Part B for raw data are different. CODE DESCRIPTION/INSTRUCTIONS CODE DESCRIPTION/INSTRUCTIONS ANC Analysis not conducted. NOD No discharge from/to site. DRY Dry Well OPS Operations were shutdown so no sample could be taken. FLD Flood disaster. 0TH Other.Please enter an explanation of why monitoring data were not available. IFS Insufficient flow for sampling. SEF Sampling equipment failure. LS Lost sample. MNR Monitoring not required this period. When reporting analytical results that fall below a laboratory's reported method detection limits or practical quantification limits,the following instructions should be used 1. Results greater than or equal to the PQL shall be reported as the measured quantity. 2. Results less than the PQL and greater than or equal to the MDL shall be reported as the laboratory's MDL value. These values shall be deemed equal to the MDL when necessary to calculate an average for that parameter and when determining compliance with permit limits. 3. Results less than the MDL shall be reported by entering a less than sign("<")followed by the laboratory's MDL value,e.g.<0.001. A value of one-half the MDL or one-half the effluent limit,whichever is lower,shall be used for that sample when necessary to calculate an average for that parameter. Values less than the MDL are considered to demonstrate compliance with an effluent limitation. PART A-DISCHARGE MONITORING REPORT(DMR) Part A of the DMR is comprised of one or more sections,each having its own header information. Facility information is preprinted in the header as well as the monitoring group number,whether the limits and monitoring requirements are interim or final,and the required submittal frequency(e.g.monthly,annually,quarterly,etc). Submit Part A based on the required reporting frequency in the header and the instructions shown in the permit. The following should be completed by the permittee or authorized representative: Resubmitted DMR:Check this box if this DMR is being re-submitted because there was information missing from or information that needed correction on a previously submitted DMR. The information that is being revised should be clearly noted on the re-submitted DMR(e.g.highlight,circle,etc.) No Discharge From Site:Check this box if no discharge occurs and,as a result,there are no data or codes to be entered for all of the parameters on the DMR for the entire monitoring group number;however,if the monitoring group includes other monitoring locations(c g.,influent sampling),the"NOD"code should be used to individually denote those parameters for which there was no discharge. Monitoring Period:Enter the month,day,and year for the first and last day of the monitoring period(i.e.the month,the quarter,the year,etc)during which the data on this report were collected and analyzed. Sample Measurement:Before filling in sample measurements in the table,check to see that the data collected correspond to the limit indicated on the DMR(i.e.interim or final)and that the data correspond to the monitoring group number in the header.Enter the data or calculated results for each parameter on this row in the non-shaded area above the limit. Be sure the result being entered corresponds to the appropriate statistical base code(e.g. annual average,monthly average,single sample maximum,etc.)and units. No.Ex.: Enter the number of sample measurements during the monitoring period that exceeded the permit limit for each parameter in the non-shaded area. If none,enter zero. Frequency of Analysis:The shaded areas in this column contain the minimum number of times the measurement is required to be made according to the permit.Enter the actual number of times the measurement was made in the space above the shaded area. Sample Type:The shaded areas in this column contain the type of sample(e.g.grab,composite,continuous)required by the permit.Enter the actual sample type that was taken in the space above the shaded area Signature: This report must be signed in accordance with Rule 62-620.305,F.A.C. Type or print the name and title of the signing official. Include the telephone number where the official may be reached in the event there are questions conceming this report. Enter the date when the report is signed. Comment and Explanation of Any Violations:Use this area to explain any exceedances,any upset or by-pass events,or other items which require explanation. If more space is needed,reference all attachments in this area. 15 ISSUANCE/REISSUANCE DATE:November 21,2012 DEP Form 62-620910(10),Effective Nov.29,1994 PART B-DAILY SAMPLE RESULTS Monitoring Period:Enter the month,day,and year for the first and last day of the monitoring period(i.e.the month,the quarter,the year,etc.)during which the data on this report were collected and analyzed. Daily Monitoring Results:Transfer all analytical data from your facility's laboratory or a contract laboratory's data sheets for all day(s)that samples were collected. Record the data in the units indicated.Table 1 in Chapter 62- 160,F.A.C.,contains a complete list of all the data qualifier codes that your laboratory may use when reporting analytical results.However,when transferring numerical results onto Part B of the DMR,only the following data qualifier codes should be used and an explanation provided where appropriate. CODE DESCRIPTION/INSTRUCTIONS < The compound was analyzed for but not detected. A Value reported is the mean(average)of two or more determinations. J Estimated value,value not accurate. Q Sample held beyond the actual holding time. Y Laboratory analysis was from an unpreserved or improperly preserved sample. To calculate the monthly average,add each reported value to get a total. For flow,divide this total by the number of days in the month. For all other parameters,divide the total by the number of observations. Plant Staffing:List the name,certificate number,and class of all state certified operators operating the facility during the monitoring period. Use additional sheets as necessary. PART D-GROUND WATER MONITORING REPORT Monitoring Period:Enter the month,day,and year for the first and last day of the monitoring period(i.e.the month,the quarter,the year,etc.)during which the data on this report were collected and analyzed. Date Sample Obtained:Enter the date the sample was taken. Also,check whether or not the well was purged before sampling. Time Sample Obtained:Enter the time the sample was taken. Sample Measurement:Record the results of the analysis.If the result was below the minimum detection limit,indicate that. Detection Limits:Record the detection limits of the analytical methods used. Analysis Method:Indicate the analytical method used. Record the method number from Chapter 62-160 or Chapter 62-601,F.A.C.,or from other sources. Sampling Equipment Used:Indicate the procedure used to collect the sample(e.g.airlift,bucket/bailer,centrifugal pump,etc.) Samples Filtered:Indicate whether the sample obtained was filtered by laboratory(L),filtered in field(F),or unfiltered(N). Signature: This report must be signed in accordance with Rule 62-620.305,F.A.C. Type or print the name and title of the signing official. Include the telephone number where the official may be reached in the event there are questions concerning this report.Enter the date when the report is signed. Comments and Explanation:Use this space to make any comments on or explanations of results that are unexpected. If more space is needed,reference all attachments in this area SPECIAL INSTRUCTIONS FOR LIMITED WET WEATHER DISCHARGES Flow(Limited Wet Weather Discharge):Enter the measured average flow rate during the period of discharge or divide gallons discharged by duration of discharge(converted into days). Record in million gallons per day (MGD). Flow(Upstream):Enter the average flow rate in the receiving stream upstream from the point of discharge for the period of discharge. The average flow rate can be calculated based on two measurements;one made at the start and one made at the end of the discharge period. Measurements are to be made at the upstream gauging station described in the permit. Actual Stream Dilution Ratio:To calculate the Actual Stream Dilution Ratio,divide the average upstream flow rate by the average discharge flow rate. Enter the Actual Stream Dilution Ratio accurate to the nearest 0.1. No.of Days the SDF>Stream Dilution Ratio: For each day of discharge,compare the minimum Stream Dilution Factor(SDF)from the permit to the calculated Stream Dilution Ratio. On Part B of the DMR,enter an asterisk (•)if the SDF is greater than the Stream Dilution Ratio on any day of discharge. On Part A of the DMR,add up the days with an"a"and record the total number of days the Stream Dilution Factor was greater than the Stream Dilution Ratio. CBOD,:Enter the average CBOD,of the reclaimed water discharged during the period shown in duration of discharge. TKN:Enter the average TKN of the reclaimed water discharged during the period shown in duration of discharge. Actual Rainfall:Enter the actual rainfall for each day on Part B. Enter the actual cumulative rainfall to date for this calendar year and the actual total monthly rainfall on Part A. The cumulative rainfall to date for this calendar year is the total amount of rain,in inches,that has been recorded since January I of the current year through the month for which this DMR contains data Rainfall During Average Rainfall Year:On Part A,enter the total monthly rainfall during the average rainfall year and the cumulative rainfall for the average rainfall year The cumulative rainfall for the average rainfall year is the amount of rain,in inches,which fell during the average rainfall year from January through the month for which this DMR contains data. No.of Days LW WD Activated During Calendar Year:Enter the cumulative number of days that the limited wet weather discharge was activated since January I of the current year Reason for Discharge:Attach to the DMR a brief explanation of the factors contributing to the need to activate the limited wet weather discharge. 16 ISSUANCE/REISSUANCE DATE:November 21,2012 DEP Form 62-620.910(10),Effective Nov.29,1994 D.E.P. — ORLANDO EXHIBIT NO. 2 CITY OF EDGEWATER EDGEWATER WWTF POLLUTION PREVENTION PROJECTS (10 pages) OGC File No. 12-1658 Exhibit 2 Pollution Prevention Projects I. Introduction 1. Pollution Prevention(P2) is a process improvement that reduces the amount of pollution that enters the environment by conserving resource (including water, raw materials, chemicals, and energy) use, or by reducing waste(including domestic and industrial wastewater, solid and hazardous waste, and air emissions). A P2 project must reduce pollution or waste within the process beyond what is required by federal, state, or local law, in order to be eligible for civil penalty offset under this Consent Order. For every creditable $1.00 spent on the Department approved P2 project,the Respondent shall receive a credit of$1.00 against the portion of the civil penalty that can be offset. Whereas P2 projects are evaluated on the basis of the amount of pollution they eliminate, P2 projects usually have the added benefit of reducing production and disposal costs and regulatory oversight. 2. A P2 project can be classified as source reduction, waste minimization, and on-site recycling. Source reduction provides the greatest P2 benefit,while on-site recycling provides the least. These categories are defined further below. 3. Because P2 projects must be designed to reduce waste at the facility, P2 projects do not include projects that involve off-site recycling. In addition, P2 projects do not involve treatment prior to discharge, or disposal by landfilling or incineration. A. Source Reduction 1. A source reduction project replaces materials or processes that produce pollution with materials or processes that cause less pollution. The ideal situation is to 1 produce goods or services with no pollution. Source reduction has the most benefit for the environment among the P2 project options and usually requires the greatest change in the production process. B. Waste Minimization 1. A waste minimization project reduces the generation of unusable by- products(air emissions, wastewater, or solid or liquid wastes). Waste minimization strategies involve reducing resource use and minimizing waste generation on site that result in a net decrease in the release of chemicals to the environment. C. On-Site Recycling 1. On-site recycling projects reuse materials that are the source of pollution. Process materials are reused directly or indirectly in the original or some other process within the facility. II. The P2 Project Approval Process 1. In order to adequately evaluate the P2 project options,the Department must understand the facility processes, material use, waste streams, options available, projects proposed, and estimated waste and cost savings. 2. The P2 project is typically implemented in a five-step process. First,the Respondent must prepare and obtain the approval of a P2 Opportunity Assessment (Assessment). Second,the Respondent must prepare and obtain the approval of a P2 Project Plan(Project Plan)based upon the findings in the Assessment. Third,the Respondent must construct or implement the approved Project Plan. Fourth, the Respondent must submit a P2 Final Report(Final Report)to the Department that summarizes the P2 modifications or improvements, benefits, and allowable costs. 2 Finally,the Department approves or disapproves the offset of the penalty. All of these steps and the timeframes are discussed in detail below. A. The P2 Opportunity Assessment 1. Within 30 days of the effective date of this Consent Order,the Respondent shall submit an Assessment to the Department for review and approval. The Assessment provides the basis for identifying, comparing, and evaluating P2 opportunities at the facility. The Assessment should be divided into two sections: a. An audit of current facility practices and their associated waste streams, that shall identify where improvements can be made and provide a baseline for measuring changes, and b. A complete evaluation of all available options for improvement regardless of their feasibility, a feasibility determination and an environmental determination of acceptable options. These options are then evaluated for economic and technical practicality, and environmental benefit. 2. The Assessment shall include a table by which all the processes can be compared. The table shall include brief descriptions of the processes, P2 options, resources consumed, waste streams, and P2 benefits. The table shall be supplemented by more in-depth descriptions that will allow the Department to evaluate the P2 options for each process. Because the P2 project will be evaluated by the amount of pollutants removed from the environment, the comparative units shall be in weight per unit time or volume per unit time. Concentrations are not appropriate units. The time unit used to calculate the amount of pollutants removed should be sufficiently large to average out abnormalities. All waste should be considered, including solid and hazardous wastes, 3 wastewater, and air emissions. Raw materials, water, chemicals, and energy use should be similarly examined. 3. The Current Facility Practices section of the Assessment shall include: a. Location and name of the facility and a brief description of what is done there; b. Contact information for personnel who provided information, analysis, background data, or expertise for the Assessment; c. Identification and description of processes or operations producing waste streams; d. Mass balances that identify and quantify input materials for each process, materials consumed during each process, and waste streams produced from each process; e. Simple flow charts or diagrams for each process; and f. Supporting documentation such as waste profile sheets. 4. The Improvement Options Evaluation section of the Assessment shall include a comprehensive list of the following P2 options and their corresponding considerations for each process that produces a waste stream: a. Process Elimination - Can an acceptable product be achieved without this process? b. Process Substitution- Can an acceptable product be achieved with a cleaner process? c. Input Material Substitution - Can a less polluting chemical or substance be used in the process? d. Waste Reduction- Can the process be run with less waste? 4 e. In-process Recycling/Reuse- Can used process materials be used instead of virgin materials in the same process? f. Out-process Recycling/Reuse - Can used process materials, instead of virgin materials, be reused in another process within the facility? g. Waste Segregation- Will the segregation of wastes result in any usable waste products? h. Improved Maintenance - Can facility operations be run more efficiently with improved equipment maintenance? i. Improved Operational Procedures and/or Scheduling- Will improving facility operational procedures and/or scheduling reduce the generation of waste? j. Improved Equipment Layout, Piping and or Automation - Will upgrading facility process equipment reduce the generation of waste? 5. The Pollution Prevention Opportunity Assessment section of the Assessment shall also consider and record all P2 options. This consideration shall include: a. A description of each process; b. A description of any P2 option considered for each process; c. The technical feasibility of each P2 option; d. The approximate cost of implementing process modifications or changes; e. A quantitative description of the materials and wastes to be reduced; f. A quantitative description of any waste streams that will increase; g. Other benefits such as economic return; and 5 h. Supporting documentation such as Material Safety data Sheets (MSDSs), material purchasing and use records,waste stream analytical test results, recycling, treatment or disposal records, or vendor information on proposed new equipment. 6. The Department will review the Assessment and either approve or disapprove with comments. If the Department disapproves the Assessment,the Respondent shall resubmit the Assessment that is responsive to the comments. If after one re-submittal the Assessment is not approved or if the Respondent does not resubmit, the Respondent shall pay the balance of the allowable amount of the civil penalty in accordance with the Consent Order. B. P2 Project Plan 1. Within 60 days of approval of the Assessment,the Respondent shall submit a detailed P2 Project Plan based on the approved Assessment, particularly section II, Pollution Prevention Opportunity Assessment. The Project Plan shall describe in detail the current operation of the particular process that will be part of the P2 Project. The process description will aid in the P2 Project's design and provide a benchmark for measuring the P2 Project's success. The Project Plan shall include four sections: background information,project description, environmental and economic benefits, and a schedule for implementation. 2. The Background section of the Project Plan shall include the following: a. Flow diagram of the process; b. Mass balance of the process; and c. Current operating costs including material procurement, maintenance, operation, utilities, and waste disposal, costs. 6 3. The Project Description section of the Project Plan shall include the following: a. Description of process modification; b. Any modifications to the flow diagram; c. Mass balance for the new process; d. Itemized costs of implementing the project including the design, capital equipment, installation,testing,training, and total project cost; e. Costs of operating and maintaining the project once it is complete; and f. Documentation that supports the costs such as vendor literature and price quotes, research, endorsements: 4. The Environmental and Economic Benefits section of the Project Plan shall describe in detail for each material use and waste stream eliminated or reduced, and for each material use and waste stream created or increased: a. Type of material or waste; b. Mass (weight or volume)reduction/increase in materials and wastes per unit time; c. Mass(weight or volume)reduction/increase in materials and wastes per unit of production; d. Method of material re-use/waste management; e. Expected financial incentives and monetary gains; f. Supporting documentation. 5. The Schedule for Implementation section of the Project Plan shall contain a brief discussion of the steps necessary to implement the project and expected dates of 7 completion. The schedule shall include milestones, anticipated problems and options, and the project completion date. The implementation should take no longer than six months from approval of the Project Plan. 6. The Department will review the Project Plan and either approve or disapprove with comments. If the Department disapproves the Project Plan, the Respondent shall resubmit a Project Plan that is responsive to the comments. If after one re-submittal the Project Plan is not approved or if the Respondent does not resubmit, the Respondent shall pay the balance of the allowable amount of the civil penalty in accordance with the Consent Order. C. Implementation of the P2 Project Plan 1. Within 30 days of approval of the P2 Project Plan,the Respondent shall begin implementation of the P2 Project in accordance with the approved schedule. D. Progress and Final Reports 1. Within 90 days of approval of the Project Plan,the Respondent shall submit a progress report to the Department that describes the Respondent's progress in implementing the P2 Project and meeting the requirements in the Project Plan and includes a list of equipment ordered, purchased, and/or installed. 2. Within 180 days of approval of the Project Plan,the Respondent shall submit to the Department a Final Report that includes the following: a. An update on the information required in the Environmental and Economic Benefits section of Project Plan; b. A description of the methods used to quantify wastes; 8 c. An expense report, receipts, and other documents itemizing costs expended on preparing and implementing the project,which are described in section E below. 3. The Department shall review the Final Report and determine: a. Whether the project has been implemented in accordance with the approved P2 Project Plan; and b. Which expenses apply toward pollution prevention credits. 4. If the P2 Project Plan is approved by the Department and properly implemented, a$1.00 pollution prevention credit for each $1.00 spent on applicable costs will be applied against the portion of the civil penalty that can be offset. E. Final Accounting and Civil Penalty Offset 1. The following costs are allowable to offset the allowable amount of the civil penalty: a. Preparation of the P2 Project; b. Design of the P2 Project; c. Installation of equipment for the P2 Project; d. Construction of the P2 Project; e. Testing of the P2 Project; f. Training of staff concerning the implementation of the P2 Project; and g. Capital equipment needed for the P2 Project. 2. The following costs shall not apply toward P2 credit: a. Costs incurred in conducting a waste audit; b. Maintenance and operation costs involved in implementing the P2 Project; c. Monitoring and reporting costs; 9 d. Salaries of employees who perform their job duties; e. Costs expended to bring the facility into compliance with current law, rules and regulations; f. Costs associated with a P2 Project that is not implemented; g. Costs associated with a P2 Project that has not been approved by the Department; and h. Legal costs. 3. If any balance remains after the entire P2 credit is applied to the allowable portion of the civil penalty, Respondent shall pay the difference within 30 days of written notification by the Department to the Respondent that the balance is due. 4. The Department may terminate the P2 Project at any time during the development or implementation of it, if the Respondent fails to comply with the requirements in this document, act in good faith in preparing and implementing the project, or develop and implement the P2 Project in a timely manner. The Respondent may terminate the P2 Project at any time during its development or implementation. 5. If the P2 Project is terminated for any reason, Respondent shall pay the full balance of the allowable portion of the civil penalty within 30 days of written demand by the Department. 6. Any public statement, oral or written, in print, film, or other media, made by Respondent making reference to the P2 Project Plan shall include the following language, "This project was undertaken in connection with the Florida Department of Environmental Protection for violations of Florida's environmental laws." 10 Brenda DeWees From: Miller, Gary[Gary.Miller @dep.state.fl.us] Sent: Friday, November 30, 2012 3:03 PM To: 'Brad Blais'; Brenda DeWees; Judy, Dennise Cc: Ferraro, Chris; Anderson, Clarence Subject: RE: Edgewater Consent Order#OCD-C-WW-12-0672 Brad This is to confirm that the City has an additional 20 days to return the Consent Order in accordance with the Department's letter, OCD-C-WW-12-0672, dated November 27, 2012. Thanks Gary P. Miller Program Manager Wastewater Compliance/Enforcement Florida Department of Environmental Protection Central District 3319 Maguire Blvd, Suite 232 Orlando, FL 32803 407-897-4164 gary.miller[a)dep.state.fl.us Did you know you can submit your Wastewater DMRs online using our newly enhanced eDMR System? To sign up to use eDMR and learn more, please visit us online at the following web address: httpz//edmr.dep.statefl.us Please take a few minutes to share your comments on the service you received from the department by clicking on this link DEP Customer Survey. From: Brad Blais [mailto:bblais @glha.com] Sent: Friday, November 30, 2012 2:53 PM To: Miller, Gary; bdewees @cityofedgewater.org; Judy, Dennise Subject: Edgewater Consent Order #OCD-C-WW-12-0672 Dear Gary- Per our telephone discussion, please confirm that the City can have an additional 20 days(40 days total)to execute the referenced consent order.The Christmas holidays affect the scheduled meetings, and the earliest this can be considered is January 7, 2013. We anticipate approval at that meeting, it can be returned to your office immediately thereafter, certainly by January 10th. Please review and advise. Thanks, 1 BRAD T.sLAis,P.E. Quentin L.Hampton Associates, Inc. TELEPHONE:(386)761.6810 °AMA.KING,P.E. FAX:(386)761-3977 ANDREW M.GIANNINI,P.E. Consulting Engineers EMAIL:glha©glha.com KEVIN A.LEE,P.E. P.O.DRAWER 290247 PORT ORANGE,FLORIDA 32129-0247 December 10,2012 Brenda Dewees Environmental Services Director City of Edgewater P.O. Box 100 Edgewater, FL 32132 CITY OF EDGEWATER CONSENT ORDER COMPLIANCE REPORT ENGINEERING SERVICE PROPOSAL Dear Brenda; As you are aware,the City of Edgewater Water Reclamation Facility(WRF)has National Pollutant Discharge Elimination System(NPDES)permit which regulates effluent quality for surface water discharges. The permit has a Copper limit of 3.7 ughl. This has been exceeded on various occasions and the City plans to enter into a`Consent Order' to obtain higher,temporary, interim limits while a permanent solution is devised. The Consent Order has various conditions; including the requirement to prepare a `Feasibility Study' which evaluates various compliance options and sets forth recommendations and timeframes for implementation of the recommended solution. There are essentially three(3)options which can be evaluated: 1. Treatment—Prepare conceptual designs and cost estimates for treatment processes at the WRF to reduce effluent copper concentrations. 2. Corrosion Control-Evidence supports the conclusion that the elevated copper levels are a result of a corrosive drinking water supply. Copper plumbing pipes are in contact with drinking water and small amounts of copper are constantly dissolving into the water which eventually makes it's way into the sewer system. Because of the extremely low compliance levels, 3.7 parts per billion,the dissolved copper is retained in the sewage throughout the treatment process. Reducing the corrosivity of the drinking water can reduce the amount of copper which dissolves into solution and shows up in the effluent. 3. Establish a`Mixing Zone' —Both New Smyrna Beach and Port Orange have `mixing zones' permitted for various effluent parameters. This procedure allows the permitTee to measure pollutant levels at a certain distance from the discharge pipe thereby allowing dilution to reduce the pollutant concentration. This is a cost effective option,if allowed. This study will investigate the FDEP's ability to permit a mixing zone for Edgewater. Ew87.1 There is a concern that the proximity of shellfish harvesting areas will preclude this option. The referenced report will evaluate the advantages,disadvantages and cost of each option. QLH will discuss the findings of the report with staff and prepare a joint recommendation for the most cost effective and reliable solution. This recommendation will be documented in the Feasibility Study and submitted to the FDEP in accordance with the schedule and requirements set forth in the Consent Order. QLH will complete the report,present the findings and conclusions to the City Commission, submit required documentation to the FDEP and gain concurrence in accordance with the Consent Order schedule. The proposed lump sum,not to exceed,fee to complete the described work is$28,260.Thank you for this opportunity to continue to be of service. If you have additional questions, do not hesitate to call. Sincerely, QUENT Iv'L. PTON ASSOCIATES,INC. ra, Pr- ident BTB:ah AGENDA REQUEST De Vehicle Lease Date: December 20, 2012 PUBLIC HEARING' RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT January 7, 2013 BUSINESS January 7, 2013 ITEM DESCRIPTION: Vehicle Lease for 2013 Vehicles BACKGROUND: Vehicle Lease for Vehicles approved by Council on September 24, 2012. Per the Purchasing Policy Section VII Quotations and Bid, Procedure for Soliciting for bids Lease Finance Agreements utilized for competitively bid items up to and including $750,000 shall require a minimum of three quotes. All vehicles are being purchased utilizing existing piggyback contracts. The total cost for placing the vehicles into service shall not exceed $160,583. Vehicles to be purchased: The bids received are as followed: CID undercover Police BB&T 1.49% Police Interceptor(2) Police SunTrust 1.636% 1/2 Ton truck Leisure Services Chase Lease amount to small 1/2 Ton truck Streets Wells Fargo Not Interested %Ton truck (2) Leisure Services TD Bank • Not Interested STAFF RECOMMENDATION: Authorize the City Manager to enter into a Lease Agreement.for the attached vehicles not to exceed $160,583 with Branch Banking and Trust Company. ACTION REQUESTED: Motion to approve the City Manager to enter into a Lease Agreement with Branch Banking and Trust Company not to exceed $160,583 and authorization for the City Manager to execute the Lease agreement documents and budget amendments. FINANCIAL IMPACT: These leae cost are currently budgeted within the General Fund FY 2013 budget. (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES_x_ NO PREVIOUS AGENDA ITEM: YES NO If so, DATE: AGENDA ITEM # Res•ectf j submitte , Concurrence: A eta r athan C. McKinney Robin L. Matusick finance Director Parale•al. racey T. :arlow City M ager BJ3S1iT BB&T Governmental Finance 200 West Forsyth Street Jacksonville, FL 32202 (904) 361-5253 Fax(904) 361-5276 December 18,20]2 Mr. Jonathan McKinney Finance Director City of Edgewater 104 North Riverside Drive Edgewater,FL 32132 Dear Mr. McKinney, Branch Banking and Trust Company ("BB&T") is pleased to offer this proposal for the financing requested by the City of Edgewater("City"): (1) Project: Lease Purchase Financing for the purchase of Police Vehicles (2) Amount To Be Financed: Approximately$161,000 (3) Interest Rates, Financing Terms and Corresponding Payments: Term Bank Qualified Rate 4 years 1.39% 5 years 1.49% Interest and principal payments may be paid annually in accordance with the City's request. Other payment structures would be considered, according to the City's preference. Interest on the principal balance will accrue based on a 30/360 day count basis. Upon being awarded this transaction, BB&T must approve the final amortization schedule. In the event that the above mentioned equipment is not received by the City prior to closing, the financing proceeds shall be deposited on behalf of the City into a project fund account with BB&T. Earnings on the project fund shall accrue to the benefit of the City for use on project costs or interest payments. The interest rate stated above is valid for a closing date not later then 45 days after today. Closing of the financing is contingent upon completing documentation acceptable to BB&T and its counsel. All applicable taxes, permits, costs of counsel for the City and any other costs shall be the City's responsibility and separately payable by the City The financing documents shall allow prepayment of the principal balance in whole on a scheduled payment date with a 1%prepayment premium. The financing documents shall include provisions that will outline appropriate changes to be implemented in the event that this transaction is determined to be taxable in accordance with Florida State Statutes or the Internal Revenue Service code. The stated interest rate assumes that the City expects to borrow less than $10,000,000 in the calendar year 2013 and that the financing shall comply with the IRS Code Sections 141, 148, 149(e)and 265(b)(3). BB&T reserves the right to terminate its interest in this bid or to negotiate a mutually acceptable rate if the financing is not a qualified tax-exempt financing. (4) Financing Documents: BB&T shall use its standard form financing contracts and related documents for this installment financing. We shall provide a sample of those documents to you should BB&T be the successful proposer. BB&T shall also require that the City's local counsel provide an acceptable legal opinion. A draft of this opinion will be provided with our documents. (5) Security: This financing shall be secured by a covenant to budget and appropriate from legally available non ad-valorem revenues of the City. * * * * * * BB&T appreciates the opportunity to make this financing proposal and requests to be notified within ten days of this proposal should BB&T be the successful proposer. If BB&T is not selected as the loan provider, it requests that either the City or the City's Financial Advisor provide BB&T with the results of all competing bids. BB&T shall have the right to cancel this offer by notifying the City of its election to do so (whether or not this offer has previously been accepted by the City) if at any time prior to the closing there is a material adverse change in the City's financial condition, if we discover adverse circumstances of which we are currently unaware, if we are unable to agree on acceptable documentation with the City or if there is a change in law (or proposed change in law) that changes the economic effect of this financing to BB&T. We reserve the right to negotiate and/or terminate our interest in this transaction should we be the successful proposer. Please call me at(904)361-5253 with your questions and comments. My full contact information is: 200 W. Forsyth Street Suite 200 Jacksonville, FL 32202 Phone: 904.361.5253 Fax: 904.361.5276 Email: david.pierce @bbandt.com We look forward to hearing from you. Sincerely, BRANCH BANKING AND TRUST COMPANY David Pierce Banking Officer I AGENDA REQUEST Date: Dec, 21, 2012 PUBLIC HEARING RESOLUTION ORDINANCE OTHER BOARD APPOINTMENT CONSENT BUSINESS January 7, 2013 ITEM DESCRIPTION: Approval to piggyback The School District of Palm Beach County contract with Royal Concrete Concepts, LLC to purchase Concrete Modular System consisting of a Restroom/Concession Building to be placed at Hawks Park. BACKGROUND: The School District of Palm Beach County solicited for bids for modular classroom and non-instructional buildings and entered into an agreement with Royal Concrete Concepts, LLC. Royal Concrete Concepts, LLC has agreed to honor the contract price with the City of Edgewater Leisure Services Dept. for a 567 sq. ft. concrete modular building equipped with restrooms and concession area to be delivered and set in place at Hawks Park for the sum of $104,658.00. The building is budgeted for the current fiscal year. STAFF RECOMMENDATION: Approval to piggyback The School District of Palm Beach County contract with Royal Concrete Concepts,LLC to purchase Concrete Modular System consisting of a Restroom/Concession Building to be placed at Hawks Park for the sum of $104,658.00 and authorize the City Manager to enter into the contract agreement. ACTION REOUESTED: Motion to approve piggybacking The School District of Palm Beach County contract with Royal Concrete Concepts, LLC to purchase Concrete Modular System consisting of a Restroom/Concession Building to be placed at Hawks Park for the sum of $104,658.00 and authorize the City Manager to enter into the contract agreement. FINANCIAL IMPACT: (FINANCE DIRECTOR) (Budget) 331-5555-580-62-10 $110,000 (SPECIFY r BUDGET AMENDMENT IS REQUIRED) N/A , ir, /14 e ` Jo • cKinney, Finance Directo PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, Concurrence: ac Corder Robin L. Matusick apartment Director Paralegal JI _ - Trace, :arlow City .nager PALM BEACH COUNTY SCHOOL BOARD }'w Prix CC. May 16,2012 APPROVED Purchasing/Construction: CP-2 Modular Classroom and Non-Instructional Buildings Purchase and Placement Standard Form of Agreement Description: Approval of the term contract for the purchase and placement of modular classroom buildings and non-instructional buildings (and relocation, as needed) as specified in the Request For Proposal (RFP) and as outlined in the project specific Short Form Agreement for each project and/or location. The term of this contract shall be for three(3) years from May 17, 2012 to May 16, 2015, and may, at the sole discretion of the School Board, be renewable for two additional one year periods. Construction shall incorporate all of the requirements set forth in the current Board approved Educational Specifications, Florida Building Code,Florida Accessibility Codes, District Master Specifications, Design Criteria and all other applicable specifications. The RFP document was advertised on DemandStar,the District's web based provider for project solicitations, for a period of three weeks. One hundred twenty-six(126)firms were notified of the solicitation of which twenty-two(22)of the firms reviewed the document. One(1)firm, Royal Concrete Concepts, Inc.,submitted a proposal to the RFP. The proposal was reviewed and approved by the selection committee and is recommended for contract award. Additionally, unit pricing for the modular classroom structures and associated services was reviewed and approved by the Project Controls Department. As allowed by State Board of Education Administrative Rule 6A-1.012,which provides school boards making purchases from contracts awarded by other school boards, Royal Concrete Concepts, Inc. has provided modular classroom buildings to forty-two(42)school districts throughout Florida. (1)Royal Concrete Concepts, LLC M/WBE Participation: School Board Policy 6.143(2)(c)allows for M/WBE goals. The established Project Goal for M/WBE participation for this Project is a minimum of 12%School District of Palm Beach County Certified M/WBE firms. M/WBE firms and the Contract(Trade) items planned to be utilized during the term of contract to meet or exceed the M/WBE Participation: Al Hill Plumbing Corp.-Plumbing, Hatcher Construction& Development-Concrete, Quantum Mechanical-HVAC, Francis Engineering, Inc.-Fire Protection, W.S. Sod&Landscape- Landscape, and O.C. Unlimited, Inc. Recommendation: I recommend the School Board approve a Standard Form of Agreement for Modular Classroom and Non-Instructional Buildings Purchase and Placement with Royal Concrete Concepts, LLC and authorize the Superintendent and Board Chairman to finalize and sign all required documents. Contact: Michael J. Burke(1)i a pa heaclachools.oro Joseph M. Sanches (dose Th.s inches kpalmbeachschook.or2) Financial Impact: The financial impact is $5,500,000.00. The source of funds is the corresponding Capital Projects Budget. J Corder From: Paul Davisson (Royal Concrete Concepts) [PDavisson©RoyalConcreteConcepts.com] Sent: Wednesday, November 28, 2012 9:24 AM To: J Corder Cc: Dean Locke (Royal Concrete Concepts) Subject: Royal Concrete Concepts Attachments: Award Letter.pdf Jack, Please be advised that Royal Concrete Concepts will allow the City of Edgewater to piggy back from the attached awarded RFOP from the Palm beach County School District. Sincerely, Paul Davisson Business Development Royal Concrete Concepts LLC. 1410 Park Lane South Suite 2 Jupiter, FL 33458 Office: 1.561.689.5395 Mobile: 1.561.531.9354 Fax: 1.561.689.0407 www.royalconcreteconcepts.corn To signup for Edgewater's E-newsletters click http://www.cityofedgewater.orq/index.php/newsletter- signup To Like us on Facebook click https://www.facebook.com/pages/City-of-Edgewater- F l o ri d a/156640071072 841 To visit our website click http://www.cityofedgewater.orq/ 1 Page 1 of 2 44tOOL 41 ra 1' The School District of Palm Beach County Publishing By eAgenda e-agenda.NET School Board Meeting Agenda Item #37 Title CP-2 Modular Classroom and Non-Instructional Buildings Purchase and Placement Standard Form of Agreement Description Approval of the term contract for the purchase and placement of modular classroom buildings and non-instructional buildings (and relocation, as needed) as specified in the Request For Proposal (RFP) and as outlined in the project specific Short Form Agreement for each project and/or location. The term of this contract shall be for three (3) years from May 17, 2012 to May 16, 2015, and may, at the sole discretion of the School Board, be renewable for two additional one year periods. Construction shall incorporate all of the requirements set forth in the current Board approved Educational Specifications, Florida Building Code, Florida Accessibility Codes, District Master Specifications, Design Criteria and all other applicable specifications. The RFP document was advertised on DemandStar, the District's web based provider for project solicitations, for a period of three weeks. One hundred twenty-six (126) firms were notified of the solicitation of which twenty-two (22) of the firms reviewed the document. One (1) firm, Royal Concrete Concepts, Inc., submitted a proposal to the RFP. The proposal was reviewed and approved by the selection committee and is recommended for contract award. Additionally, unit pricing for the modular classroom structures and associated services was reviewed and approved by the District's Program Estimator. As allowed by State Board of Education Administrative Rule 6A-1.012, which provides school boards making purchases from contracts awarded by other school boards, Royal Concrete Concepts, Inc. has provided modular classroom buildings to forty-two (42) school districts throughout Florida. (1) Royal Concrete Concepts, LLC M/WBE Participation: School Board Policy 6.143(2)(c) allows for M/WBE goals. The established Project Goal for M/WBE participation for this Project is a minimum of 12% School District of Palm Beach County Certified M/WBE firms. M/WBE firms and the Contract (Trade) items planned to be utilized during the term of contract to meet or exceed the M/WBE Participation: Al Hill Plumbing Corp.-Plumbing, Hatcher Construction & Development-Concrete, Quantum Mechanical-HVAC, Francis Engineering, Inc.-Fire Protection, W.S. Sod & Landscape-Landscape, and O.C. Unlimited, Inc.-Sitework. Recommendation I recommend the School Board approve a Standard Form of Agreement for http://www.palmbeach.k 12.fl.us/agenda/Wednesday,%20May%2016,%202012%20School%20Board%20Meeting/E32E 14... 11/27/2012 Page 2 of 2 Modular Classroom and Non-Instructional Buildings Purchase and Placement with Royal Concrete Concepts, LLC and authorize the Superintendent and Board Chairman to finalize and sign all required documents. My Contact Michael J. Burke (mike.burke @palmbeachschools.orq) Joseph M. Sanches (ioseph.sanchesPpalmbeachschools.orq) Financial Impact The financial impact is $5,500,000.00. The source of funds is the corresponding Capital Projects Budget. Attachment: Royal Concrete PPE Scores On Record.pdf Attachment: ROYAL CONCRETE CONCEPTS RFP SUBMITTAL.pdf Attachment: Checklist- Modular Classroom & Non-Instructional Buildings.pdf Attachment: RFP MODULARS PURCHASE AND PLACEMENT.pdf Attachment: Beneficial Disclosure-Royal Concrete Conceete.pdf Attachment: Tabulation Scores-Modular RFP.pdf Attachment: Standard Form of Agreement-Modular-Royal Concrete.pdf Attachment: M-WBE Firms-12% Participation.pdf http://www.palmbeach.k 12.fl.us/agenda/W ednesday,%20May%2016,%202012%20School%20Board%20Meeting/E32E 14... 11/27/2012 yal CoRoncrete Concepts, LLC E"= 561 .689.5395 :i F"v 800.51 5.4204 1410 Park Lane S, Suite 2, Jupiter, FL 33458 Rev. 1 December 21, 2012 PROPOSAL Hawk's Park Restroom/Concession Building PROJECT LOCATION: Edgewater, Florida Scope of Work& Pricing Submitted To: City of Edgewater 104 N. Riverside Dr. Edgewater, FL 32132 Scope of Work& Pricing Submitted By: Royal Concrete Concepts, LLC. 1410 Park Lane S, Ste 2 Jupiter, FL 33458 Royal Concrete Concepts, LLC. (RCC) proposes the following scope of work associated with our Concrete Modular System for the above referenced project. This budget pricing is based on drawings by N/A dated: N/A & Specifications dated: N/A Category Description of Work Included Provided by RCC by Others Design Services: Architectural &MEP Design(AOR) Structural Engineering & Design (EOR) Civil Design General Requirements Supervision of RCC Construction Appropriate Insurance (includes RCC current policy limits (Only) Dumpsters Trash Removal to dumpster provided by GC Permit fees, municipal fees, county fees, or impact fees Final Cleaning Site Work: THINK OF THE POSSIBILITIES... yal CoRoncrete Concepts, LLC f 561 .689.5395 r ; t= :E .ii. B00.515.4204 1410 Park Lane S, Suite 2, Jupiter, FL 33458 Surveying & Final Site Survey Access to Site Geotechnical Report Clearing & Grubbing Site Surface Demolition(Removal of Existing Site Improvements) Tree Removal and/or Relocation Removal of Unsuitable Materials Removal or Relocation of Site Utilities "I Site Utilities (Water, Sewer, Drainage, Power, etc.) Finish Grading of Site Top Soil Termite Treatment Backfill of footers after foundations are placed Pad Preparation to bottom of footer(20"below finished floor elevation) Stabilized temporary road for the delivery vehicles and crane (If required) Connections of all utility hook-ups from site to unit(s) Site improvements (Landscape, Irrigation, Flatwork,etc.) -V Concrete: Labor& Material for Footers Corner survey stakes with a 5'-0" offset Thermal & Moisture Protection Standing Seam Metal Roofing Downspouts& Gutters Caulking& Fire stopping Wall Insulation Doors & Windows: Hollow Metal Doors Overhead Coiling Doors Aluminum Impact Glass Window Unit(s) THINK OF THE POSSIBILITIES... yal CoRoncrete Concepts, LLC 561 .689.5395 1 11 g r : 600.51 5.4204 1410 Park Lane S, Suite 2, Jupiter, FL 33458 Finishes: Drywall Systems Exterior& Interior Synthetic Stucco Finish Acoustical Ceiling Systems VCT Flooring Vinyl Base Ceramic Tile Painting Specialties: Fire Extinguishers Louvers Bathroom Accessories Residential Appliances Furnishings: Signage Window Treatment Furniture Cabinets& Countertops Vinyl Wire Shelving Concession Equipment �I Mechanicals: HVAC System Drywell(s) (If required) 'I Plumbing System 3 Compartment Stainless Steel Sink Stainless Steel Hand Sink Fire Sprinklers (if required) Electrical: Power Interior Lighting Exterior Lighting Clocks Data wiring &termination Fire Alarms SecurityNideo Systems -V EMS system Telephone Lightning Protection or Detection devices Site Electric THINK OF THE POSSIBILITIES... COYnacirete- Concepts, LLC ° 561 .6B9.5395 €"t" ? _;:` B00.515.4204 1410 Park Lane S, Suite 2, Jupiter, FL 33458 Modular System: Modular Building Construction in Okeechobee Transportation to jobsite and installation Jobsite crane to set modular units Punch-out Exclusions: Waxing Floors Temporary Power Color Selections LEED or FGBC Certification General Clarifications: 1. Royal Concrete Concepts, LLC. concrete modular units are solid concrete modular buildings formed from concrete, polystyrene and steel. They can be used for either modular permanent buildings, or can be easily relocated. They are manufactured in a plant setting under a controlled construction procedure, and are delivered to the site virtually complete with only connections, flooring, and minor punch work to complete. Modular buildings meet all current FBC State Requirements for Educational Facilities, and applicable ADA requirements. 2. Conceptual Bid based on schematic design documents. Final Pricing will be given upon approval of final set of DCA approved design documents. Changes to the final design documents required by the Owner may require a pricing addendum. 3. The building contractor is to provide proper access to project so that Royal Concrete Concepts may transport the structure to site with semi-truck transporters and set the entire structure with the crane identified above. Royal Concrete Concepts price is based on being able to transport the componets via the shortest direct route from the manufacturing plant to the job site. 4. The Royal Concrete Concepts price is based on its project site installation operations being conducted on Monday through Friday between 7:00 A.M. and 5:00 P.M. 5. The cost associated with all site work is not included. All site work shall be provided by others. 6. Toilet Accessories are limited to toilet paper dispensors, grab bars, electric hand dryers and baby changing tables only. 7. All concession equipment including countertops are not included and shall be furnished and installed by others. Project SQFT: 567 THINK OF THE POSSIBILITIES... Royal Concrete Concepts, LLC ,,,t 561 .689.5395 i _ F > ' : 600.51 5.4204 1410 Park Lane S, Suite 2, Jupiter, FL 33458 Pricing & Terms Total Proposed Costs: $ 99,658.00 Alternate Add For Simulated Split Face Block Texture on Exterior Precast Concrete Walls: $ 5,000.00 *The Alternate Add for Simulated Split Face Block Texture on Exterior Precast Concrete Walls is accomplished using a form liner similar or equal to Pattern 16975 as Manufactured by Fitzgerald Formliners. Exterior Precast concrete walls as provided in the Alternate, are included as natural grey concrete with a clear concrete sealer.* • Price does NOT include Sales Tax. • Price does NOT include Performance Bond. • A contract will be required. • Scope items and clarifications listed above must be included in final contract. • Final Architectural and Engineering drawings will determine final price. • Proposal is valid for 60 calendar days. RCC Approval: Customer Approval: Alan J. Rosenblum Signature Estimating Manager Date: Date: THINK OF THE POSSIBILITIES... Z 2950 SNAP LOLA 11E-At ROOFING ATTACHED TO CONC. VI,ME x 1-TAPCONS tl 16-0 C ON PEEL E.STICK UNDERLAY MAT 1 111 11 11 11 11 11 11 1 111 11 11 11 11 11 11 11 11 11 111 11 1 11 11 11 11 11 11 11 11 1 11 11 11 11 11 11 11 111 11 11 11 11 11 1 1,11 11 11 11 11 111 11 11, 11 Ii1 11 11 1(1,1 11 11 J I - CONTINUOUS ALM GLITTER 1, SLOPE GUTTER 70 DS i. STD SYNTHETIC STUCCO FINISH(TYP, ----.SITE CONTRACTOR 70 TIE -1 DONNLEADER TO STORM SYSTEM . I I . \-PERIMETER WALKWAY SLAB BY OTHERS 12 12 CONTINUOUS ALUM GUTTER I r CONTINUOUS ALUM GUTTER STD SYNTHETIC ----- I -___ ____-- ToPOF wl,..41. CL1 STUCCO FINISH ITYP 1--• (oP oF vo, !11,11k , , STD SYNTHETIC 1:1 1 7 7 1 7 1 7..7:7_T . TEI -47.61 ALUM DOWNSPOUT 1 STUCCO FINISH ITYP, 7...7_.1.11711=- 17177_ BEYOND CM,1 —BOB SLAG'DOWNSPOUT(TIP I 111 To9 OF co,p-1171E4p. SITE CONTRACTOR TO 21-6'S 8-0 ROLL-US COUNTER DOOR TIE DOWNLEADERS TO CAST IF PLACE CONC COUNTER , STORM SYSTEM FMR.1281.113_.4 ,C.Fr,F.P LAS r(Elm FLA SLAP FYI F.P.S,i- PERIMETER WALKWAY SLAB BY OTHERS ---90 DEGREE ELBOW 2AGA SNAP LOCK METAI ROOFING ATTACHED TO CONE EA 1A4,1 TAPCONS t 16 0 C ON PEEL 8 STICK UNDERLAY 0.'A NN ,1 1 1 1 1 1 1 1,:j l 1 1 1 1 I II 1 11 1!!!11 I II!!! 11 I 11 1 1!1 I'll II 1!!!11 1,I II 11 1'11 11 1.11!I!!P 1!111,1:11 lt,:!i IIIIIH II:r II 11 il I il ' 'i 1 II j II 11 11 (1 II JI,!, ;1 f r:'1::::, ':__!!±''2_I:."......"..:_ W CONTINOUS ALSO GUTTER— I 1 SLOPE GUTTER 70 DS i ext.ALUM DOWNIEADER(TIP 'I STD SYNTHETIC '1 STUCCO FINISH(TyP( ! r -N„,,,,,, .- DEGREE ELBCAT 11- PERE,S1ER WALKWAY SLAB BY OTHERS 40-F I . IJ 1 € imPT 1 1 3# • i-r • L _ i 0 - I 10-9 0 1 . ai 761 L._ ,.._1 ,, 7 0 / , 1 1 + -T- ! ,,,../ PATTERN 16975 Masonry 94.5"Wx47.5" H Undersized Splitfaced Block Part Size: Max Depth: 0.375" 8" X 16" Running Bond Block Block Size: 15.5"W x 7.5"H FITZGERALD Motar Joints: 0.5" FORMLINERS Vac-U-Form M Styrene-Single Use. Forming The Future TM ABS Plastic•Up to 15 reuses. 1/2 MORTAR JOINT 1/2 MORTAR JOINT OR MATCH STONE A OR MATCH STONE IP THIS EDGE A 7-1/2 MORTAR JOINT THIS EDGE THIS EDGE r • I • . . 0,- 0.5" 15.25"—I r I. CONCRETE VIEW 1/2 MORTAR JOINT THIS EDGE 15.75"-94.5" CONCRETE ^ ---0-1.. orl---- ...—. -FORMLINER 47.5" SECTION A-A 1/2 0.5" MORTAR TYP. JOINT ---N\ 0.75" _TL%■'''''ft--- "-"-'—''m.-°. r\—___i MAX DEPTH FORMLINER DETAIL This document contains confidential and proprietary information of Fitzgerald Formliners,Inc.and is protected by copyright,trade secret,and other state and federal laws.Its receipt or possession does not cover any rights to reproduce,disclose it's contents,or to manufacture,use,or sell anything it may describe. Reproduction,disclosure,or use without specific written authorization of Fitzgerald Formliners, Inc.is strictly forbidden. FITZGERALD F O R M L I N E RS Pattern can be requested in AutoCad format. 1500 East Chestnut Avenue •Santa Ana,CA 92701 •Fax(714)245-9715 p Ph: (800)547-7760 • Ph(714)547-6710•www.formliners.com File Name: S-16975-VF-2-21-07 Page 1 of 1 0,9 AGENDA REQUEST C.A.#2013-001 Date:December 20. 2012 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS 01/07/2013 ITEM DESCRIPTION: Approval of Mediation Settlement Agreement with Cynthia Stevens. BACKGROUND: On December 19, 2012, the City and its general liability carrier participated in a mediation conference with Cynthia Stevens to resolve her claim alleging a city van negligently collided with her while she was riding her bicycle. The parties agreed to settle all claims upon the payment of $12,500.00 to Ms.Stevens,subject to the approval of the City Council. The settlement payment and the cost of mediation will be made by the carrier,with no outlay by the City. STAFF RECOMMENDATION: Approval of the Mediation Settlement Agreement. ACTION REQUESTED: Approval of the Mediation Settlement Agreement. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED)N/A PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, Concurrence: Lia Aaron R. Wolfe 410 Robin L. Matusick City Attorney Para egal / / ice : •row City anager MEDIATION SETTLEMENT AGREEMENT The undersigned parties agree to the settlement of all claims by and on behalf of l , CHAAAL a. e.A.if,k."—`3 1 4LIA Lee v...0 ' .0 a" av-kiCT:' \trc,- against V �( VA- l u�kActr �'C .� y o� .cc for injuries and damages sustained by Ck cti`CA■C` SC1` r -2 in and accident/incident occurring on I `r r' and to the dismissal of the pending lawsuit with prejudice upon the following terms: 1. C U i I1 Q vo shall pay the sum of$ I r)-j c O in full and final settlement of all claims by and on behalf of vt" t.c . T-c--.5 . c 4 -c.. tfs�.S e &s. cz _ cc Sk qi c J� shall execute a complete release of e. e ' v- 'I- Cc and shall hold them harmless from any and all outstanding bills and/or liens. 2. The cost of mediation shall be paid by LC-S .(A °� 6cQ c ✓, k' v e�C, 6 Q 60.3 a k_ c10 l Executed this ( l day of �JNC-r- , 2012 C,. ,. . 1, / - .. ' -.if ,..7 _ 1, e.."--71-i 17'1')12-11-e4i 1:),.... 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