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04-01-2013
Voting Order Councilwoman Power Councilwoman Bennington Councilman Ignasiak Councilman Emter Mayor Thomas AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING April 1,2013 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 a. Regular Meeting—March 4, 2013 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a. James Halleran, of James Moore & Company, presenting the FY 2012 Comprehensive Annual Financial Report b. Proclamation—Proclaiming April 21, 2013 as PowerTalk 21 day. c. Proclamation—Observing April 2013 as Child Abuse Prevention Month. d. Proclamation—Proclaiming April 9, 2013 as National Service Recognition Day. e. Proclamation—Proclaiming April 2013 as Water Conservation Month. 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 All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the Council, in which case the Mayor will remove that item from the consent agenda and such item will be considered separately. a. Request for approval to award the US Highway 1 Reclaimed Water Mains contract to ThadCon, LLC and authorize the City Manger to execute the contract and all related Budget Amendments. 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 2"d Reading — Ordinance No. 2013-0-03: An amendment to the Comprehensive Plan to update the Capital Improvements Element and the accompanying Capital Improvements Program. City Council Agenda April 1,2013 Page-2- b. Resolution No. 2013-R-07: A Resolution supporting the planning area boundary adjustment and membership reapportionment plan to expand the metropolitan planning area and to reapportion the voting membership of the Volusia Transportation Planning Organization . 9. BOARD APPOINTMENTS a. Construction Regulation Board — Councilwoman Bennington's appointment due to the expired term of Michael Raulerson, who is seeking reappointment. (This item was continued from the March 4,2013 meeting). 10. OTHER BUSINESS a. Authorization for the City Manager to execute the fifth amendment of the Interlocal Agreement providing for the establishment of the East Volusia Local Government Fire- Rescue and Emergency Medical Services Auto Aid and Closest Unit Response System. 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 May 6,2013. 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 Wenzel, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 x 1101, 5 days prior to the meeting date. If you are hearing or voice impaired,contact the relay operator at 1-800-955-8771. I a, AGENDA REQUEST C.A. #2013- IFB-13-ES-002 Date: March 21, 2013 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT April 1, 2013 BUSINESS ITEM DESCRIPTION: Request for Council Approval on US Highway#1 Reclaimed Water Mains Contract. BACKGROUND: The City budgeted this fiscal year $210,893 in Water and Wastewater Renewal and Repair funds to complete the construction of the reclaimed water mains along US Highway #1. The City issued an Invitation for Bid - (IFB) 13-ES-003 -for this project. Six(6) firms responded; the three lowest bidders are listed below: ThadCon LLC $221,435 McMahan Construction Co. $243.580 JD Weber Construction Co. $254,410 Attachments: Bid Tab sheet and Engineer's Recommendation Letter Agreement(Draft Contract) Invitation to Bid document STAFF RECOMMENDATION: The Selection Committee recommends that the City Council award the US Highway#1 Reclaimed Water Mains Contract to ThadCon, LLC and grant authorization for City Manager to execute the contract. ACTION REQUESTED: Motion to award the US Highway#1 Reclaimed Water Mains Contract to ThadCon, LLC and authorize City Manager to execute the contract and all related Budget Amendments. FINANCIAL IMPACT: $221,435 (Finance Director) Line Item: 444-5555-580.46-10 (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES X NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM# 7 , Respectfull submitted, Concurrence: Mt c4r-- -J J athan C. McKinney Robin L. Matusick Finance Director Parale..1 f ,, ,./►i Tr-cey�� :arlow City ■ anager BRAD T.BLA1S,P.E. Quentin L. Hampton Associates, Inc. TELEPHONE:(386)761.6810 DAVID A.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 March 20, 2013 Brenda Dewees Public Works Director City of Edgewater P.O. Box 100 Edgewater, FL 32032 FIRE STATION#55 AND US HIGHWAY#1 RECLAIMED WATER MAINS RECOMMENDATION OF AWARD BID NO. 13-ES-003 Dear Ms. Dewees, Bids were received for the above referenced project on Tuesday, March 19, 2013. Of the 6 bids received, ThadCon, LLC of Daytona Beach submitted the lowest bid of $221,435.00. Enclosed is the certified bid tabulation. We have reviewed ThadCon, LLC bid documents and found them complete and accurate. ThadCon, LLC has an active State General Contractor license with no active complaints. QLH has completed projects with ThadCon, LLC in the past and they have performed adequately. We believe ThadCon, LLC has the necessary experience and abilities to effectively construct this project. If you have any questions, please feel free to contact our office. Sincerely, QUENTIN L. MP ON =SSOCIATES, INC. ra; . :1:`s, : . 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E- w �" U Z W MI vi ,, n n n n n Rai CZ z a a a O• o.' Er 4 ca z • - .6' � Q a ., a c a C 0 C U _" Wc n VIi W a Z. O .- - n) a - - c c C R Y w cE 6L y) C C > . 00 . O a •C J c 3 3 b . a> •� 3 N .-_. = _ Q vI Q iE 0 V_ •V y a) E) O U i.- so• y \a N U U .� 'fl — U C C U U ~ :a F= e a > ?, '- g a o = L.] m v , . N. 00 ., E, q r a w SECTION 00500 AGREEMENT FOR FIRE STATION#55 AND US HIGHWAY#1 RECLAIMED WATER MAINS BID#13-ES-003 THIS AGREEMENT,made this day of ,20_,by and between the CITY OF EDGEWATER, a municipal corporation (hereinafter referred to as "City"), whose mailing address is P. 0.Box 100,Edgewater,Florida 32132-0100 and (hereinafter referred to as"Contractor"), whose mailing address is ARTICLE 1 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. Contractor agrees to furnish all labor, superintendence, materials, plant and other utilities for, perform all work necessary for or incidental to,and to perform all other obligations imposed by this Contract for the Construction of: FIRE STATION#55 AND US HIGHWAY#1 RECLAIMED WATER MAINS BID#13-ES-003 herein called for,in strict accordance with the Drawings and Specifications prepared by Quentin L. Hampton Associates, Inc., Engineers, which Contract include,but is not limited to, the following Contract Documents: a. Invitation b. Instructions c. Proposal d. This Agreement e. Performance Bond f. Certificate of Insurance g. Specifications h. Addenda(if any) i. Drawings ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 2.1 The date of commencement of the Work shall be fixed in a notice to proceed issued by the City. 2,2 The Contract Time shall be measured from the date of commencement. 2.3 The Contractor shall achieve Substantial Completion of the Work not later than 60 calendar days from the date of commencement with an additional 3.0 days for final completion. Part `A' must be completed first and within 45 days. 00500- 1 ARTICLE 3 CONTRACT SUM 3.1 The City shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be dollars ($ subject to additions and deletions as provided in the Contract Documents. 3.2 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the City: 3.3 Unit prices, if any, are as follows: Unit prices identified in the Contractor's Bid/Proposal may be used by the City in its sole discretion to calculate the pricing of change order work or extra work. ARTICLE 4 PAYMENTS 4.1 PROGRESS PAYMENTS 4.1.1 Based upon Applications for Payment submitted to the Engineer by the Contractor and Certificates for Payment issued by the Engineer,the City shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. The City shall establish a schedule of values that will serve as a basis for progress payments. The schedule of values shall be submitted with each application for payment. 4.1.2 Provided that an Application for Payment is received by the Engineer not later than the 25`h day of a month,the City shall make payments to the Contractor not later than the 15"'day of the following month,provided that the Application has been approved by the Engineer and the City. If an Application for Payment is received by the Engineer after the date fixed above,payment shall be made by the City not later than 25 days after the Engineer receives the Application for Payment, provided that the Application has been approved by the Engineer and the City. The City shall make such progress payments to the Contractor on the basis of a duly certified and approved estimate by the Engineer of the work performed in an amount equal to ninety percent(90%)of the duly certified and approved estimate. To insure proper performance of this Contract,the City shall retain ten percent(10%)of the amount of each estimate until the work is fifty percent(50%)complete. When the Work is fifty percent (50%) complete, the City, in its absolute discretion, may reduce retainage to five percent (5%)of the amount of each payment duly certified and approved thereafter. 4.2 FINAL PAYMENT 4.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by 00500- 2 the City to the Contractor when: 1. The Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Paragraph 17.2, and to satisfy other requirements, if any, which extend beyond final payment; and 2. A final Certificate for Payment has been issued by the Engineer. 4.2.2 The City's final payment to the Contractor shall be made as follows: Upon completion of the entire work under the Contract, the Engineer shall make a final inspection and certify the completion to the City. Upon approval of the completion certificate by the City,the City shall notify the Contractor and the Surety of the satisfactory completion of the Work and,except as provided for in the Specifications, shall make final payment to the Contractor not later than thirty (30) days after written acceptance by the Contractor of the completion certification and the computation of the final amount due. ARTICLE 5 NUMERATIONS OF THE CONTRACT DOCUMENTS 5.1 The Contract Documents are listed in Article 6 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: 5.1.1 The Agreement is this executed 1997 edition of the Abbreviated Standard Form of Agreement Between City and Contractor,AIA Document A107-1997,as modified for this project. 5.1.2 The Specifications for the Contract are those contained in the Project Manual for Bid No. 13- ES-003,Prepared by Quentin Hampton and Associates,Inc,dated February 2013. Document Title Pages 5.1.3 The Specifications are those contained in the Project Manual for Bid No. 13-ES-003, prepared by Quentin Hampton & Associates, Inc, dated February 2013, dated as in Subparagraph 5.1.2, and are as follows: Section Title Pages 5.1.4 The Drawings are as follows, and are unless a different date is shown below: Number Title Pages 00500- 3 5.1.5 The Addenda,if any, are as follows: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 5. 5.1.6 Other documents,if any,forming part of the Contract Documents is as follows: See Project Manual for Bid No. 13-ES-003,prepared by Quentin Hampton&Associates,Inc, dated February 2013. GENERAL CONDITIONS ARTICLE 6 THE CONTRACT DOCUMENTS 6.1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement with Conditions of the Contract (General,Supplementary and other Conditions),Drawings,Specifications,Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3)a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Engineer. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. 6.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Document shall not be construed to create a contractual relationship of any kind(1)between the Engineer and Contractor,(2)between the City and a Subcontractor or sub-subcontractor, (3) between the City and Engineer or (4) between any persons or entities other than the City and Contractor. 00500 -4 6.3 THE WORK The term"Work"means the construction and services required by the Contract Documents, whether completed or partially completed,and includes all other labor,materials,equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The work may constitute the whole or a part of the Project. 6.4 EXECUTION OF THE CONTRACT Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. 6.5 OWNERSHIP AND USE OF ENGINEER'S DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE The Drawings, Specifications and other documents, including those in electronic form, prepared by the Engineer and the Engineer's consultants are Instruments of Service through which the Work to be executed by the Contractor is described. The Contractor may retain one record set. Neither the Contractor nor any Subcontractor,sub-subcontractor or material or equipment supplier shall own or claim a copy right to the Drawings,Specifications and other documents prepared by the Engineer or the Engineer's consultants, and unless otherwise indicated the Engineer and the Engineer's consultants shall be deemed the authors of them and will retain all common law,statutory and other reserved rights,in addition to the copyrights. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Engineer, on request, upon completion of the Work. The Drawings,Specifications and other documents prepared by the Engineer and the Engineer's consultants,and copies thereof furnished to the Contractor,are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, sub- subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the City, Engineer and the Engineer's consultants. The Contractor, Subcontractors, sub- subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Engineer and the Engineer's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Engineer and the Engineer's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Engineer's or Engineer's consultants' copyrights or other reserved rights. 00500- 5 ARTICLE 7 OWNER 7.1 CITY'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, or persistently fails to carry out the Work in accordance with the Contract Documents,the City may issue a written order to the Contractor to stop the Work, or any portion thereof,until the cause for such order is eliminated;however,the right of the City to stop the work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. 7.2 CITY'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents,or fails to perform a provision of the Contract,the City,after ten(10)days' written notice to the Contractor and without prejudice to any other remedy the City may have,may make good such deficiencies and may deduct the reasonable cost thereof, including City's expenses and compensation for the Engineer's services made necessary thereby,from the payment then or thereafter due the Contractor. ARTICLE 8 CONTRACTOR 8.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 8.1.1 Since the Contract Documents are complementary,before starting each portion of the work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work,as well as any information furnished by the City, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions or inconsistencies in the Contract Documents;however, any errors,omissions or inconsistencies discovered by the Contractor shall be reported promptly to the Engineer as a request for information in such form as the Engineer may require. 8.1.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Engineer, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. 8.2 SUPERVISION AND CONSTRUCTION PROCEDURES 8.2.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over the construction means,methods,techniques,sequences and procedures,and for coordinating all portions of the Work under the Contract, unless the Contract Documents give specific 00500- 6 instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall be fully and solely responsible for the jobsite safety thereof unless the contractor gives timely written notice to the City and Engineer that such means, methods, techniques, sequences or procedures may not be safe. 8.2.2 The Contractor shall be responsible to the City for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the work for or on behalf of the Contractor or any of its Subcontractors. 8.3 LABOR AND MATERIALS 8.3.1 Unless otherwise provided in the Contract Documents,the Contractor shall provide and pay for labor, materials, equipment,tools, construction equipment and machinery,water,heat, utilities,transportation,and other facilities and services necessary for proper execution and completion of the Work whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 8.3.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 8.3.3 The Contractor shall deliver, handle, store and install materials in accordance with manufacturers' instructions. 8.3.4 The Contractor may make substitutions only with the consent of the City,after evaluation by the Engineer and in accordance with a Change Order. 8.4 WARRANTY The Contractor warrants to the City and Engineer that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents,that the Work will be free from defects not inherent in the quality required or permitted,and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized,maybe considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse,modifications not executed by the Contractor, improper or insufficient maintenance, improper operation or normal wear and tear and normal usage. Contractor warrants that all workmanship and materials shall be free of defects for a period of one(1)year from the date of Final Payment Contractor shall repair or replace at its own expense, as directed by City, any defects in workmanship or materials which appear within one(1)year from the date of Final Payment,provided however,that any defect that is hidden or latent shall be repaired or replaced within one(1) year of the date when City discovers such defect. Contractor further warrants that all repair or replacement 00500 -7 work performed to repair or replace defective work or materials shall also be warranted to be free of defects for a period of one (1) year from the date such repair or replacement is accepted by the City. Contractor shall commence and diligently pursue the correction of any defect not later than fifteen(15) days of receiving City's written notice of such defect. If Contractor does not commence or diligently pursue to repair or replace such defects in workmanship or materials within the fifteen(15)day period,then City may repair or replace such defects and Contractor shall reimburse City for the costs thereof,including all interest, attorneys' fees and costs of collection. Contractor shall assign and/or transfer to the City all manufacturers' direct warranties for components,materials,electrical panels or appliances as a condition precedent to receiving Final Payment. All such manufacturer's warranties shall be for a period of not less than one(1)year. 8.5 TAXES The Contractor shall pay sales, consumer, use and other similar taxes which are legally enacted when bids are received or negotiations concluded. 8.6 PERMITS,FEES AND NOTICES 8.6.1 Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. 8.6.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to performance of the Work. The Contractor shall promptly notify the Engineer and City if the Drawings and Specifications are observed by the Contractor to be at variance therewith. If the Contractor performs Work knowing it to be contrary to laws,statutes,ordinances,building codes,and rules and regulations without such notice to the Engineer and City, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. 8.7 SUBMITTALS 8.7.1 The Contractor shall review for compliance with the Contract Documents,approve in writing and submit to the Engineer Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness. The Work shall be in accordance with approved submittals. 8.7.2 Shop Drawings,Product Data,Samples and similar submittals are not Contract Documents. 8.8 USE OF SITE The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with 00500 - 8 materials or equipment. 8.9 CUTTING AND PATCHING The Contractor shall be responsible for cutting,fitting or patching required to complete the Work or to make its parts fit together properly. 8.10 CLEANING UP The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work,the Contractor shall remove from and about the Project waste materials,rubbish,the Contractor's tools, construction equipment,machinery and surplus material. 8.11 ROYALTIES,PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees, shall defend suits or claims for infringement of copyrights and patent rights and shall hold the City and Engineer harmless from loss on account thereof,but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the City or Engineer,unless the Contractor has reason to believe that there is an infringement of patent or copyright and fails to promptly furnish such information to the Engineer. 8.12 ACCESS TO WORK The Contractor shall provide the City and Engineer access to the Work in preparation and progress wherever located. 8.13 INDEMNIFICATION To the fullest extent provided by law, the Contractor shall indemnify, defend, and hold harmless the City,and all of its officers,agents,and employees from all claims,loss,damage, cost, charges or expense including,but not limited to reasonable attorneys' fees,caused in whole or in part by any act, omission or default of the Contractor, its agents,employees,or subcontractors arising out of the performance or failure to perform the work on this project. Contractor's obligation to indemnify,defend and hold harmless the City shall include such occurrences where such claim,loss,damage,costs,charges,expense or attorneys'fees may be caused,in whole or in part,by the City. However,such indemnification shall not include claims of, or damages resulting from, gross negligence,or willful, wanton or intentional misconduct of the City, or its agents or employees, nor shall the indemnification cover statutory violations or punitive damages, except and to the extent the statutory violation or punitive damages are caused by or result from the acts or omissions of the Contractor, its agents or employees. The extent of the indemnification granted herein for liability for 00500 -9 damages to persons or property caused in whole or in part by any act,omission,or default of the City shall not exceed$1,000,000 per occurrence,unless the indemnification is subject to insurance coverage that exceeds such amount. City and Contractor agree that$1,000,000 per occurrence, or the amount of insurance coverage, if greater,covering this indemnification (being for liability for damages to persons or property caused in whole or in part by any act, omission,or default of the City)is an amount that bears a reasonable commercial relationship to the Contract. In claims against City resulting from personal injury to employees of Contractor,those of its Subcontractors or anyone directly or indirectly employed by them, Contractor's indemnity obligation to City shall not be limited by any limitation on the amount or type of damages, benefits or compensation payable by or for the Contractor under Workers Compensation Acts,Disability Benefit Acts or other employee benefit acts, and Contractor expressly will waive such statutory or constitutional immunity,protection or limitation. For purposes of compliance with Florida law,this provision shall be deemed to be a part of the project specifications or the bid documents. In claims against any person or entity indemnified under this Paragraph 8.13 by an employee of the Contractor,a Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation hereunder shall not be limited by a limitation on amount or type of damages,compensation or benefits payable by or for the Contractor or Subcontractor under workers'compensation acts,disability benefit acts or other employee benefit acts. ARTICLE 9 ENGINEER'S ADMINISTRATION OF THE CONTRACT 9.1 The Engineer will provide administration of the Contract and will be a City representative(1) during construction,(2)until final payment is due and(3)with the City's concurrence,from time to time during the one(1) year period for correction of Work described in Paragraph 17.2. 9.2 The Engineer,as a representative of the City,will visit the site at intervals appropriate to the state of the Contractor's operations (1) to become generally familiar with and to keep the City informed about the progress and quality of the portion of the Work completed, (2)to endeavor to guard the City against defects and deficiencies in the Work, and(3)to determine in general if the Work is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents. However,the Engineer will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work. The Engineer will neither have control over or charge of, nor be responsible for,the construction means,methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents,except as provided in Subparagraph 8.2.1. 00500 - 10 9.3 The Engineer will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Engineer will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. 9.4 Based on the Engineer evaluations of the Work and of the Contractor's Applications for Payment,the Engineer will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 9.5 The Engineer will have authority to reject Work that does not conform to the Contract Documents. 9.6 The Engineer will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. 9.7 The Engineer will interpret and decide matters concerning performance under and requirements of,the Contract Documents on written request of either the City or Contractor. The Engineer will make initial decisions on all claims,disputes and other matters in question between the City and Contractor but will not be liable for results of any interpretations or decisions so rendered in good faith. 9.8 Duties, responsibilities and limitations of authority of the Engineer as set forth in the Contract Documents shall not be restricted,modified or extended without written consent of the City, Contractor and Engineer. Consent shall not be unreasonably withheld. 9.9 CLAIMS AND DISPUTES Written notice that identifies the nature of each claim,dispute and other matters in question shall be delivered to the Engineer and the City no later than thirty(30)days after the start of the event giving rise to same. Claims,disputes and other matters in question arising out of or relating to this Contract, shall be subject to mediation as a condition precedent to the institution of legal proceedings by either party. 9.10 CLAIMS OR CONSEQUENTIAL DAMAGES The Contractor and City waive claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes: 1. Damages incurred by the City for rental expenses,for losses of use, income,profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and 00500- 11 2. Damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 19. Nothing contained in this Paragraph 9.10 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. ARTICLE 10 SUBCONTRACTORS 10.1 A Subcontractor is a person or entity who has a direct contact with the Contractor to perform a portion of the Work at the site. 10.2 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor,as soon as practicable after award of the Contract,shall furnish in writing to the City through the Engineer the names of the Subcontractors for each of the principal portions of the Work. The Contractor shall not contract with any Subcontractor to whom the City or Engineer has made reasonable and timely objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference,if any,occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 10.3 Contracts between the Contractor and Subcontractors shall(1)require each Subcontractor,to the extent of the Work to be performed by the Subcontractor,to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities,including the responsibility for safety of the Subcontractor's work, which the Contractor, by the Contract Documents, assumes toward the City and Engineer, and (2) allow the Subcontractor the benefit of all rights, remedies and redress afforded to the Contractor by these Contract Documents. ARTICLE 11 CITY'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 11.1 The City reserves the right to perform construction or operations related to the Project with the City's own forces,and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under conditions of the contract identical or substantially similar to these,including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the City, the Contractor shall make such claim as provided in Paragraph 9.9. 00500- 12 11.2 The Contractor shall afford the City and separate contractor's reasonable opportunity for introductions and storage of their materials and equipment and performance of their activities,and shall connect and coordinate the Contractor's activities with theirs as required by the Contract Documents. 11.3 The City shall be reimbursed by the Contractor for costs incurred by the City which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The City shall be responsible to the contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work or defective construction of a separate contractor. ARTICLE 12 CHANGES IN THE WORK 12.1 The City, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the City,Contractor and Engineer,or by written Construction Change Directive signed by the City and Engineer. 12.2 The cost or credit to the City from a change in the Work shall be determined by mutual agreement of the parties or, in the case of a Construction Change Directive, by the Contractor's cost of labor,material,equipment, and reasonable overhead and profit. 12.3 The Engineer will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by a written order and shall be binding on the City and Contractor. The Contractor shall carry out such written orders promptly. 12.4 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be equitably adjusted, unless such conditions should have been known or discovered by Contractor from a reasonable examination of the project. ARTICLE 13 TIME 13.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. 13.2 The date of Substantial Completion is the date certified by the Engineer. 13.3 If the Contractor is delayed at any time in the commencement or progress of the Work by changes ordered in the Work,by labor disputes,fire,unusual delay in deliveries,abnormal adverse weather conditions not reasonably anticipatable,unavoidable casualties or any causes 00500- 13 beyond the Contractor's control, or by other causes which the Engineer determines may justify delay,then the Contract Time shall be extended by Change Order for such reasonable time as the Owner may determine. ARTICLE 14 PAYMENTS AND COMPLETION 14.1 APPLICATIONS FOR PAYMENT 14.1.1 Payments shall be made as provided in Article 4 of this Agreement. Applications for Payment shall be in a form satisfactory to the Engineer and City. 14.1.2 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the City no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the City shall, to the best of the Contractor's knowledge, information and belief,be free and clear of liens,claims, security interests or other encumbrances adverse to the City's interests. 14.2 CERTIFICATES FOR PAYMENT 14.2.1 The City may withhold a Payment in whole or in part,to such extent as may be necessary to protect the City from loss for which the Contractor is responsible,including,but not limited to loss resulting from acts and omissions described in Subparagraph 8.2.2,because of: 1. Defective Work not remedied; 2. Third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the City is provided by the Contractor; 3. Failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; 4. Reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; 5. Damage to the City or another contractor; 6. Reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or 7. Persistent failures to carry out the Work in accordance with the Contract Documents. 14.2.2 When the above reasons for withholding payment are removed, payment will be made for amounts previously withheld. 00500 - 14 14.3 PAYMENTS TO THE CONTRACTOR 14.3.1 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the City,out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work,the amount to which said Subcontractor is entitled,reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall,by appropriate agreement with each subcontractor,require each Subcontractor to make payments to sub-subcontractors in similar manner. 14.3.2 Neither the City nor Engineer shall have an obligation to pay or see to the payment of money to a Subcontractor except as may otherwise be required by law. 14.3.3 The making of a payment, or partial or entire use or occupancy of the Project by the City shall not constitute acceptance of Work that is not performed in accordance with the Contract Documents. 14.4 SUBSTANTIAL COMPLETION 14.4.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work for its intended use. 14.4.2 When the Engineer determines that the Work or designated portion thereof is substantially complete, the Engineer will issue a Certificate of Substantial Completion which shall establish the date of Substantial Completion, establish responsibilities of the City and Contractor for security,maintenance,heat,utilities,damage to the Work and insurance,and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. Upon the issuance of the Certificate of Substantial Completion, the Engineer will submit it to the City and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. FINAL COMPLETION AND FINAL PAYMENT See Article 4.2.2 ARTICLE 15 PROTECTION OF PERSONS AND PROPERTY 15.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage,injury or loss to: 1. Employees on the Work and other persons who may be affected thereby; 00500 - 15 2. The Work and materials and equipment to be incorporated therein; and 3. Other property at the site or adjacent thereto. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons and property and their protection from damage, injury or loss. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor,a Subcontractor,a sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Subparagraphs 15.1.2 and 15.1.3,except for damage or loss attributable to acts or omissions of the City or Engineer or by anyone for whose acts either of them may be liable,and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 8.13. 15.2 HAZARDOUS MATERIALS 15.2.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB),encountered on the site by the Contractor,the Contractor shall,upon recognizing the condition,immediately stop Work in the affected area and report the condition to the City and Engineer in writing. When the material or substance has been rendered harmless,Work in the affected area shall resume upon written agreement of the City and Contractor. The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shutdown, delay and start-up,which adjustments shall be accomplished as provided in Article 12 of this Agreement. 15.2.2 To the fullest extent permitted by law, the City shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants, Engineer, Engineer's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees,arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Subparagraph 15.2.1 and has not been rendered harmless,provided that such claim,damage,loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself),and provided that such damage,loss or expense is not due to the sole negligence of a party seeking indemnity. ARTICLE 16 INSURANCE 16.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located insurance for protection from claims under workers' compensation acts and other employee benefit acts 00500- 16 which are applicable, claims for damages because of bodily injury, including death, and claims for damage,other than to the Work itself,to property which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by the Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than limits of liability specified in the Contract Documents or required by law,whichever coverage is greater,and shall include contractual liability insurance applicable to the Contractor's obligations. Certificates of Insurance acceptable to the City shall be filed with the City prior to commencement of the Work. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least thirty(30)days'prior written notice has been given to the City. See Section 00800-A of the Project Manual for Contractor's Insurance Requirements, which are incorporated herein by reference. 16.2 WAIVERS OF SUBROGATION 16.2.1 The City and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Engineer,Engineer consultants,separate contractors described in Article 11,if any,and any of their subcontractors,sub-subcontractors,agents and employees for damages caused by fire or other causes of loss to the extent covered by property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the City as fiduciary. The City or Contractor,as appropriate shall require of the Engineer,Engineer's consultants, separate contractors described in Article 11, if any, and the subcontractors, sub- subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity,similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification,contractual or otherwise,did not pay the insurance premium directly or indirectly,and whether or not the person or entity had an insurable interest in the property damaged. 16.2.2 A loss insured under the City's property insurance shall be adjusted by the City as fiduciary and made payable to the City as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall required Subcontractors to make payments to their sub-subcontractors in similar manner. ARTICLE 17 CORRECTION OF WORK 17.1 The Contractor shall promptly correct Work rejected by the Engineer or failing to conform to the requirements of the Contract Documents,whether discovered before or after Substantial Completion and whether or not fabricated,installed or completed. Costs of correcting such rejected Work, including additional testing and inspections and compensation for the Engineer's services and expenses made necessary thereby, shall be at the Contractor's 00500 - 17 expense. 17.2 In addition to the Contractor's obligations under Paragraph 8.4,if,within one(1)year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Subparagraph 14.4.2,or by terms of an applicable special warranty required by the Contract Documents,any of the Work is found to be not in accordance with the requirements of the Contract Documents,the Contractor shall correct it promptly after receipt of written notice from the City to do so unless the City has previously given the Contractor a written acceptance of such condition. The City shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the City fails to notify the Contractor and give the Contractor an opportunity to make the correction, the City waives the rights to require correction by the Contractor and to make a claim for breach of warranty. 17.3 If the Contractor fails to correct nonconforming Work within a reasonable time,the City may correct it in accordance with Paragraph 7.2. 17.4 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. 17.5 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Article 17. ARTICLE 18 MISCELLANEOUS PROVISIONS 18.1 ASSIGNMENT OF CONTRACT Neither party to the Contract shall assign the Contract without written consent of the other. 18.2 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located. 18.3 TESTS AND INSPECTIONS Tests,inspections and approvals of portions of the Work required by the Contract Documents or by laws,ordinances,rules,regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided,the Contractor shall make arrangements for such tests,inspections and approvals with an independent testing laboratory or entity acceptable to the City, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Engineer timely notice of when and where tests and inspections are to be made so that the Engineer may be present for such procedures. 00500 - 18 ARTICLE 19 TERMINATION OF THE CONTRACT 19.1 TERMINATION BY THE CONTRACTOR If the City fails to make a progress payment or a final payment for a period of thirty(30)days after such payment is due. Then the Contractor may, upon seven additional days' written notice to the City and the Engineer, terminate the Contract and recover from the City payment for Work executed and reasonable overhead,and profit relating to the work not yet performed. 19.2 TERMINATION BY THE CITY 19.2.1 The City may terminate the Contract if the Contractor: 1. Refuses or fails to supply enough properly skilled workers or proper materials to maintain the project schedule; 2. Fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; 3. Disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction;or 4. Committed a material breach of a provision of the Contract Documents. 19.2.2 When any of the above reasons exists,the City,may,without prejudice to any other remedy the City may have and after giving the Contractor seven days' written notice,terminate the Contract and take possession of the site and all materials,equipment,tools,and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever reasonable method the City may deem expedient. Upon request of the Contractor, the City shall furnish to the Contractor a detailed accounting of the costs incurred by the City in finishing the Work. 19.2.3 When the City terminates the Contract for one of the reasons stated in Subparagraph 19.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 19.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Engineer's services and expenses made necessary thereby,and other damages incurred by the City and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance,the Contractor shall pay the difference to the City. The amount to be paid to the Contractor or City,as the case may be,shall be certified by the Engineer,upon application,and this obligation for payment shall survive termination of the Contract. 00500- 19 ARTICLE 20 OTHER CONDITIONS OR PROVISIONS 20.1 DISPUTE RESOLUTION As a condition precedent to the filing of any suit or other legal proceeding,the parties shall endeavor to resolve claims,disputes or other matters in question by mediation. Mediation shall be initiated by any party by serving a written request for same on the other party. If the parties cannot agree on the selection of a mediator, then the City shall select the mediator, who, if selected solely by the City, shall be a mediator certified by the Supreme Court of Florida. No suit or other legal proceeding shall be filed until the mediator declares an impasse,which declaration,in any event,shall be issued by the mediator not later than sixty (60)days after the initial mediation conference. Dated this day of , 20 CITY OF EDGEWATER CONTRACTOR 00500-20 1?Ct. AGENDA REQUEST C.A. #2013-CPA-1302 Date: March 7, 2013 PUBLIC HEARING X RESOLUTION ORDINANCE April 1, 2013 BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 2°d Reading—Ordinance No. 2013-0-03 Amend the Comprehensive Plan to update the Capital Improvements Element(CIE)and the accompanying Capital Improvements Program (CIP). APPLICANT/AGENT: City of Edgewater REQUESTED ACTION: Amend the Comprehensive Plan to update the Capital Improvements Element(CIE) and the accompanying Capital Improvements Program (CIP). BACKGROUND: The CIE identifies the capital improvements that are necessary for implementation of the Comprehensive Plan and ensure maintenance and achievement of Level of Service (LOS) standards for concurrency- related facilities, i.e. transportation, potable water, sanitary sewer, schools, recreation and open space, stormwater and solid waste. The Five-Year Capital Improvement Schedule no longer has to be financially feasible pursuant to the 2011 Community Planning Act (HB7207). Projects necessary to ensure that any adopted level-of-service standards are achieved and maintained for the 5-year period must be identified as either funded or unfunded and given a level of priority for funding. On March 4, 2013, City Council approved the first reading of the ordinance by a vote of 4-0. Comprehensive Plan Consistency The amended CIE shall be submitted to the Florida Department of Economic Opportunity after adoption. STAFF RECOMMENDATION: Staff recommends approval of the annual update and amendments to the Capital Improvements Element (CIE)and the accompanying Capital Improvements Program(CIP). ACTION REQUESTED: Motion to approve Ordinance 2013-0-03; the annual update and amendments to the Capital Improvements Element(CIE) and the accompanying Capital Improvements Program (CIP). FINANCIAL IMPACT:(Finance Director)N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES X NO If so, DATE: March 4, 2013 AGENDA ITEM # 8b. Respectf y submitte•, Concurrence: Darren ear Robin L. Matusick Development Services Director Paralegal I frf ....A s i rac: T. Barlow City anager rlm ORDINANCE NO. 2013-0-03 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2012-0-02 AS AMENDED, BY AMENDING THE COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, TRANSMITTING THIS ADOPTED COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, from time to time it becomes necessary to amend the City of Edgewater Comprehensive Plan, and WHEREAS, the laws of Florida require the City to update the Capital Improvements Schedule annually. WHEREAS, the existing Capital Improvements Element includes the 5-year schedule of projects that must be updated to reflect the City's current 5-year plan, and WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency, held an advertised Public Hearing pursuant to 163.3184(11) & 163.3174(4) (a), Fla. Stat. (2011), on Wednesday, February 13, 2013 on the proposed Plan Amendment and following that Public Hearing voted and recommended that the City Council approve the aforesaid Amendment to the City's 2012 Comprehensive Plan; and WHEREAS, the City Council hereby declares that the purpose and intent of the proposed amendment to the Comprehensive Plan is to guide future growth and development; encourage the best use of land, water and other resources to promote and protect the general welfare of the public. Struck-through passages are deleted. I Underlined passages are added. #2013-0-03 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: PART A. AMENDMENT. Amending the Capital Improvements Element hereby described in Exhibit"A". PART B. PUBLICATION. Notice of this proposed change of the Edgewater Comprehensive Plan shall be published in the manner prescribed by 163.3184(11), Fla. Stat. (2011). The advertisement shall substantially be in the following form: Notice of Comprehensive Plan Amendment The City of Edgewater proposes to adopt the following ordinance: ORDINANCE NO. 2013-0-03 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2012-0-02 AS AMENDED, BY AMENDING THE COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, TRANSMITTING THIS ADOPTED COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A public hearing on the ordinance changing the Comprehensive Plan will be held on March 4, 2013 at 6:00 p.m. at the Community Center, 102 N. Riverside Drive, Edgewater, Florida 32132. PART C. PUBLIC HEARINGS. As a condition precedent to the adoption of this ordinance amending the City's 2012 Comprehensive Plan, the City Council shall hold at least two advertised public hearings on the Struck-through passages are deleted. 2 Underlined passages are added. #2013-0-03 proposed comprehensive plan or plan amendment as follows: The first public hearing shall be held at the transmittal stage pursuant to subsection 163.3184(11) (b), Fla. Stat. It shall be held on a weekday at least 7 days after the day that the first advertisement is published. The second public hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day that the second advertisement is published. 163.3184, Fla. Stat. (2011). PART D. CONFLICTING PROVISIONS. All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART E. EFFECTIVE DATE. This ordinance shall become effective upon its final adoption and as provided by general law. PART F. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART G. ADOPTION. After a motion by Councilman Ignasiak, with second by Councilwoman Power, the vote on the first reading of this ordinance held on March 4, 2013 is as follows: Struck through passages are deleted. 3 Underlined passages are added. #2013-0-03 AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Gigi Bennington Excused Councilman Mike Ignasiak X Councilman Gene Emter X After a motion by with second by , the vote on the second reading/public hearing of this ordinance held on , 2013 is 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 Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day legality by: Aaron R. Wolfe, Esquire of , 2013 under Agenda Item No. City Attorney . Doran, Sims, Wolfe & Kundid EXHIBIT A Struck through passages are deleted. 5 Underlined passages are added. #2013-0-03 City of G WATER1 CITY OF EDGEWATER COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CHAPTER IX CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL.IMPROVEMENTS�EMEN_T TABLE OF CONTENTS A. INTRODUCTION 1 B. CAPITAL IMPROVEMENTS INVENTORY 2 1. Needs Derived from Other Elements 2 2. Existing Financial Resources 8 3. Local Revenue Sources 9 4. State Sources 12 C. FEDERAL AND STATE GRANTS AND LOANS 15 D. LOCAL POLICIES AND PRACTICES 17 1. Level of Service Standards 17 2. Capital Improvements Program (CIP) 18 3. Impact Fees 19 4. Utility Service Areas 19 5. User Charges and Connection Fee 20 6. Concurrency Management System 20 7. Mandatory Dedication or Fees in Lieu Of 21 8. Moratoria 21 E. FINANCIAL ANALYSIS 22 1. Fiscal Assessment 22 F. GOALS, OBJECTIVES,AND POLICIES 32 Adopted on Datc: 04/02/2012 Ordinance No. 2012 0 02 IX-ii CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT A. PUBLIC FACILITIES, CAPACITIES AND LEVEL-OF-SERVICE INVENTORY FOR CONCURRENCY MANAGEMENT CM 2 1. Transportation CM 2 2. Sanitary Sewer CM 2 3. Potable Water CM 3 4. Solid Waste Disposal CM 3 5. Stormwater Drainage CM 3 6. Recreation and Open Space CM 3 7. Public Schools CM 4 B. CONCURRENCY ASSESSMENT CM 4 1. Sanitary Sewer, Solid Waste, Drainage, and Potable Water Facilities CM 5 2. Parks and Recreation Facilities CM 5 3. Transportation Facilities CM 6 4. School Facilities CM 7 C. GENERAL RULES FOR CONCURRENCY ASSESSMENT CM 7 1. Existing Deficiencies CM 7 2. Approved Impacts CM 8 3. Phasing CM 8 4. Time Specific Approval CM 8 5. Additional Information CM 8 6. Transportation CM 8 7. Sanitary Sewer CM 9 8. Potable Water CM 9 9. Solid Waste CM 9 10. Stormwater Drainage CM 10 11. Recreation CM 10 D. GOALS, OBJECTIVES,AND POLICIES CM 11 Adoptcd on Date: 04/02/2012 Ordinancc No. 2012 0 02 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN _ _CAPITAL IMPROVEMENTS ELEMENT LIST OF TABLES Table 1: City of Edgewater Capital Improvement Schedule Fiscal Years Ending 2012 2044 2013-2017 3 Table 2: 2012 2016 2013-2017 Volusia County School District Five-Year Work Program 7 Table 3: Adjusted Taxable Income Projections 23 Table 4: Ad Valorem Tax Yield Projections 23 Table 5: Revenue Projections Affecting Capital Improvements 24 Table 6: Expenditure Projections for Scheduled Capital Improvements 26 Table 7: Debt Service Expenditure Projections 27 Table 8: Annual Operating Expenditures 28 Table 9: Fiscal Assessment No. 1 29 Table 10: Anticipated Increase in Ad Valorem Tax Revenue Projections 30 Table 11: City of Edgewater Five Year Schedule of Improvements Fiscal Years Ending 2012 2016 2013-2017 42 Table 12: Long Term (10 year)Transportation Improvements 44 Table CM-I: Level-of-Service Standards CM 14 LIST OF FIGURES Figure 1: Federal Grant Agencies and Program Titles 16 Adoptcd on Datc: 04/02/2012 Ordinance No. 2012 0 02 IX-iv CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CHAPTER IX CAPITAL IMPROVEMENTS ELEMENT A. INTRODUCTION The purpose of the Capital Improvements Element (CIE) is to evaluate the need for public facilities as identified in other Elements of this Plan. In addition, the Capital Improvements Element will present an analysis of the fiscal capability of the City to fund needed public facilities, recommend financial policies to guide the funding of those identified improvements, and to schedule the funding and construction of improvements in a manner necessary to ensure that capital improvements are provided when required. Needed capital improvements are those which are necessary to meet the adopted level of service (LOS) standards identified in other Elements of this Plan. The City's public facilities which require identification and funding are: • Transportation Element — Roadways which are under the jurisdiction of the City, and those roadways which the City wishes to aid in funding improvements. • Sanitary Sewer Sub-Element—Sanitary sewer treatment and effluent disposal facilities necessary to serve the existing and future population of the City. In addition, recommendations for capital improvements and policies to ensure adequate sanitary sewer collection facilities. • Solid Waste-Sub Element — Solid waste disposal facilities to service the City's existing and future population, coordination with Volusia County to ensure those facilities are available when needed and recommendations for adequate solid waste collection methods. • Stormwater Sub-Element— Drainage systems necessary to meet recommended LOS standards for stormwater quality and conveyance and coordination with Volusia County for improvements to systems in basins which serve the City but are outside its jurisdiction. • Potable Water Sub Element—Potable water treatment facilities necessary to service the existing and future population of the City. In addition, recommendations for capital improvements and policies to ensure adequate potable water delivery facilities. • Recreation/Open Space Element — Recreation facilities and land areas necessary to meet the recommended LOS standards. The Capital Improvements Element will also present methods to ensure "concurrency" as defined and required in Chapter 163 F.S. The Element will also present methods to monitor the "Concurrency Management System" as defined and required in Chapter 163 F.S. Adopted on Datc: 01/02/2012 Ordinance No. 2012 0 02 1 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN - CAPITALIMPR_OVEMENTS ELEMENT B. CAPITAL IMPROVEMENTS INVENTORY 1. Needs Derived from Other Elements The analysis documented in the preceding comprehensive plan elements have identified facility improvements needed to meet the existing service deficiencies and those needed to meet the demands of future growth. The geographic service areas and locations were identified for major public education and public health system components. System components whose service areas include the City are identified in the list in Table 1. The public education system is operated by the Volusia County School Board, and the public health systems are operated by the Volusia County Health Department. The Volusia County School Board presently bases its needs assessments on the findings of the Educational Plant Survey, prepared every five years by the State Department of Education in accordance with Florida Statutes. The last survey was completed in March 2012. April 2008. The results of this survey indicate no need for new schools in the near future due to the decline in student enrollment. The results of this survey indicated a nccd for a new K 8 school to be built in the City. The School Board, based on this report, has acquired a site for this facility along S.R. 442 in the southwestern section of the City, however there is no anticipated construction date until funding becomes available and enrollment incrca3cs. Indian River Elementary School has completed an eleven (11) classroom addition at its location in 2011. The remaining educational facilities were noted as being in excellent or good condition and were adequately served by roadways, sanitary sewer, solid waste, stormwater drainage,potable water and recreation facilities. The State Department of Children and Families (DCF) determines the need for new health care facilities with a formula based on occupancy rates, historic use by age group and population projections by age group. Although Edgewater currently has no full-service hospitals, there is Bert Fish Medical Center located just outside the corporate City limits that serves the Edgewater area. Based on growth forecasts a hospital will not be needed before 2030. Halifax Hospice operates a 12-bed patient care facility located at 4140 S. Ridgewood Avenue in Edgewater. Individual capital improvement needs identified in this Element are, for the most part, those improvements, which cost $25,000 or more and are generally non-recurring purchase items. The capital improvements identified in the other elements of this Comprehensive Plan are listed with a brief description in Table 1 along with their estimated costs and projected year of expenditure. The improvements are listed by type of service, related to the various elements of the Comprehensive Plan. The Capital Improvements Element addresses capital improvements needed to ensure adopted level of service standards are achieved and maintained for a 5 year period. Therefore, Table 1 lists improvements identified for the years 2012 2016 2013-2017. as well as projects from fiscal years 2010 2011 that are being carried forward. Funding Adopted on Date: 01/02/2012 Ordinance No. 2012 0 02 2 CITY OF EDGEWATER CHAPTER IX COMPREHE.NSIVEPLAN _ ____ ____ ___ - CAPITAL IMPROVEMENTS ELEMENT sources for these capital improvements are listed in Table 11. Table 2 identifies the Volusia County School District Five-Year Work Program which must be referenced within in City's CIE per the Public Schools Facility Element. Table 1: City of Edgewater Capital Improvement Schedule Fiscal Years Ending 2012 2011-2013-2017 Project* Fiscal Year 2010-2011 20112012 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 Total Garry Forward FINANCE DEPARTMENT: YMCA FIVAC Upgrade $87,905 $87,905 $87,905 $87,905 FIRE DEPARTMENT: Station 55 Replacement $807,979 $807,979 $807,979 $807,979 ENVIRONMENTAL SERVICES: WWTP building printing, eurvey,geotech $67,313 $67,313 WWTP Renewal and Replacement Project $6,347,283 $6,347,283 WTP Lime Silo Painting $20,000 $20,000 WTP Paint Chemical Feed Room $100,000 $100,000 2.5 MGD Wastewater $6,500,000 Treatment Plant $7,500,000 $7,500,000 $6,500,000 $14,000,000 SE Service Area Reclaimed Improvements X0004100 $5,000,000 $5,000,000 Wells 21-24 and raw water mains $27390,000 $2,300,000 $2,300,000 $4,600,000 29 $115,665 $115,665 Stormwatcr Master Plan $25,000 $25,000 Replacement of 2"Water Linca $-50,000 $50,000 X000 $150,000 Water Line Enhancement $53,120 $53,120 Project $100,000 $100,000 Adopted on Date: 01/02/2012 Ordinance No. 2012 0 02 3 CITY OF EDGEWATER CHAPTER IX COMPREHENSME PLAN CAPITAL IMPROVEMENTS ELEMENT Project* Fiscal Year 2010-2011 2011.-2012 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 Total Reclaim Water $480,000 Improvements $210,893 $210,893 Clariconc Painting $150,000 $150,000 RTU Upgrades 440400 $39:809 Sliplining Scwcra $180,009 16-1-007000 4489,098 4400,900 $137,934 $430,(400 Lift Station 1 Rehab $42,066 $175,000 $175,000 Lif-t--Station-P-neftps $ 000 $25,800 Reclaimed Water Line i ntions $50;800 $50000 Reuse Pump Station $330,009 $330,000 Sludge hand,emergency power,lab $750,000 $750,000 Contract Administration $375,725 $375,725 $431,600 $431,600 10%project contingency 144 $448,,590 $118,500 Barscrcen and headworka $2-503000 $250,000 Influent Pump Station $3003000 $300,000 Internal recycle pump station $175009 $175,000 BTU Train 111 &112 $500,000 $500;800 Chlorine,S02 and Alum Feed $330,800 $330,800 Clarifiers,RAS&WAS pumping $4337800 $435,000 Third Clarifier Building $800,000 $800009 Filters $30,000 $307048 CL2 Contract $285,000 $245,000 Polymer Station $50,000 $50,000 Replacements{ } $30,000 $30,000 Roof Replacements at W'l P $25,000 $25,000 Lime Slaker Replacements $300,000 $300,000 Educational component Eastern Shores @5","^0 $25,750 Unspecified Water $200,000 $200,000 $200,000 Unspecified Sewer $280,000 $200,000 $200,000 Unspecified Reclaimed $50009 $50,000 $50,000 Sidewalk Repaira $50:000 $50;000 Land Acquisition for new Public Works Site {Refuse} $266,562 $266,562 Adopted on Date: 04/02/2012 Ordinance No. 2012 0 02 4 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Project* Fiscal Year 2019-2011 2011-2012 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 Total Land Acquisition for new Public Works Site $-50,009 {Stormwatcr) $50,909 $1,958,853 $1,958,853 MIEX Pretreatment Improvement at $3000,990 ARTWTP $3,000,000 $3,000,000 Hart Ave.Design and $490,000 $ 5,000 Grant Application $125,000 $400,500 $200,000 $600,500 Lamont Street& Riverside Drive CIP Project $2558,008 $250,000 $250,000 East Palm Way& Riverside Drive CIP $250,000 Project $250,000 $250,000 East Turgot Avenue& Riverside Drive CIP $ 5,004 Project $225,000 $225,000 G2-03 Pearl St Pipe Crossing $175,000 $175,000 IRL 09 SW Improvements(Updated Master Plan) $200,000 $200,000 Future Year Expenditure (Figures Are Cumulative) $958,853 $1 208,853 $1,458,853 $1,708,853 $5,335,412 Environmental Services $453,481 $6,734,,484 $45,500-000 $93200 3000 $33675 3000 *S51462396; Totals 9,074,129 $1,708,853 $16,508,853 $10,758,853 $5,633,853 $43684541 LEISURE SERVICES: Renovations Phase II $290,000 $290,000 Dog Park $503.009 $58,009 Mango Lake Park $500,000 $490,099 Ilawks Park $120,306 Improvements $120,306 $74,939 $74,000 _ $73,000 $72,000 $71,000 $364,939 Hawks Park Restroom/Concession $110,000 $110,000 Rotary Park Redesign $20,000 $20,000 Hawks Park Walkway Lighting $20,000 $20,000 Sidewalk Infill $41,300 $41,300 US 1 Median Landscaping $100,000 $100,000 US 1 Median Irrigation $75,000 $75,000 Current Year Unreserved $100 $100 $100 $100 $100 $500 Parks and Recreation $8403000 960,306 Totals $120;306 $441,339 $74,100 $73,100 $72,100 $71,100 $731,739 PUBLIC WORKS: Adoptcd on Datc: 01/02/2012 Ordinancc No. 2012 0 02 5 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN _ _ CAPITAL IMPROVEMENTS ELEMENT Project* Fiscal Year 2010-20111 2011-2012 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 Total $500;000 Road Repaving $1-50,000 $202,694 $500,000 $500,000 $500,000 $500.000 $2,202,694 Signalize SR442 @ I-95 $287,516 $287,546 $287,546 30th Street Sidewalk $573,128 $573,128 US 1 Sidewalk Survey& Deaigfr $475009000 $1,500,000 Indian River Blvd. Extension(approx. 1 mile) $1,601,160 $4,604,160 $4,604,160 US 1 Sidewalk Construction $1,100,000 $1,100,000 Flagler Avenue Sidewalk Construction $386,665 $386,665 $N-391i706 $500,000 $5,541,706 Public Works Totals $573,428 $1,650,008 $202,694 $6,491,706 $886,665 $500,000 $500,000 $8,581,065 $4469334 2011 2 $4259663190 $16,000,000 $9,700000 $43-1753040 $45306439-74 $2,223,787 $9,718,162 $8,274,659 $17,468,618 $11,330,953 $6,204,953 $52,997,345 *Projects in Fiscal Years 2013-2016 2014-2017 are currently unfunded. Source: City of Edgewater Planning Division,2011 2012 Adopted on Datc: 04/02/2012 Ordinancc No. 2012 0 02 6 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS EL ■ ENT Table 2: 20016 2013-2017 Volusia County School District Five-Year Work Program Project Type Fiscal Year 2041-2012 I 2012-2013 ] 2013-2014 I 2014-2015 ( 2015-2016 2016-2017 New Construction None without additional revenue Total - - _ - - - - Major Projects at Existing Schools and Facilities : . _. _, -- •- 250,000 250;000 Portables-Lease X 6_8-000 000 2 ;00 50 0 250;000 2 ;00 500 450,000 200,000 200.000 200,000 200,000 Portables-Move and Compliance 400 000 400;000 300;000 300;000 3003000 350 000 250,000 250,000 250,000 250,000 Various Schools-Minor Projects 4 008 4,300,000 4,300;000 4,300;000 4,300,000 1,000,000 1,000,000 1 000,000 1.000.000 1 000,000 Various Facilities-Facilities Review Projects 238 nrn 435005000 4,500;000 1, ,00 5000 4-50000 2,500,000 2,500,000 2,500,000 2,500,000 2 500,000 Total _-538-800 6,7005000 6505000 6,600,000 9;400,000 4.300,000 3,950,000 3,950,000 3,950,000 3,950,000 Facilities Management Facilities Management—Various Projects 4558100� 43581 5000 4-581 ,581 ;000 1,581000 15000 ' 1,250,000 1,000,000 1,000,000 1,000,000 1.000,000 Technology Network,EDP&Communications Equipment 5500 , 4,500,000 45500,000 1,500,000 4,500,000 2,360,000 2,000,000 2,000,000 2,000,000 2,000,000 System Wide Equipment&Vehicles Various Schools&Departments Furniture& Equipment 8005000 8005000 8005000 8005000 300.000 300,000 300,000 300,000 300.000 Buses Transportation Dept—Bus Replacement 4,116,030 454165030 44165030 3,125,000 3,125,000 3,125,000 Transfers Transfers—Debt Service 51,601,151 51,598,273 51,599,887 51,603,928 51,600,238 51,328,734 51,267,082 51.273.646 51,270,871 30,669,295 Transfers-General Fund 4,775077250 4-7-;-50,7250 47750,77250 17 50 1771.7 '7'/5!1'/50 15,507,250 13,007,250 10,507,250 8,007,250 5,507,250 Adoptcd on Date: 04/02/2012 Ordinancc No. 2012 0 02 7 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Project Type Fiscal Year 20444012 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 Total Transfers 69,105,523 69,107,137 69,111,178 69,4075488 ' 66,835,984 64,274,332 61,780,896 59,278,121 36,176,545 Totals 84 , 481 822,686,523 86,454,167 86,708,208 89,204,518 75,045,984 75.640.362 72,155,896 69.653,121 46.551.545 Source:Volusia County School District,5-Year Work Program Adopted 09/13/11 09/11/12 Each capital improvement project is described briefly in Table 1. In addition, the reason the project is identified and estimated total project cost is provided. For ease of review, the projects have been grouped by facility type. As indicated, capital improvement projects have been identified for general, public safety, sanitary sewer, potable water, stormwater, parks and recreation, and transportation facilities. It should be noted that the capital improvement projects contained in Table 1 are not inclusive of all the anticipated capital expenditures by the City during the planning period. Table 1 is limited only to those major components identified by the preceding elements of the City's Comprehensive Plan (CP)in order to analyze development impacts and trends at a level of detail which is both manageable and fairly accurate. The cost estimates for the capital improvements indicated in this Element were developed using standard engineering practice regarding construction costs, in conjunction with information derived from actual construction costs of similar projects, certified bid documents on similar projects and engineering cost estimates conducted on similar projects. 2. Existing Financial Resources The first step in planning capital improvements, as well as arranging the necessary financing through the budgeting process, is to inventory the major sources of funding available to the City. Thc3c major sourcc3 of funding arc expected to contribute a total rcvcnuc sum of $32,916,233 in fi3cal year 2012. The revenue sources listed below comprises a working inventory for which the City's ability to fund the needed capital improvements will be assessed. In addition, the current status of each revenue source currently uscd by the City i3 iridieoed. It is important to note that the list below includes all of the major financial resources available to the City and is not limited to the funds which will be used for the capital improvement projects identified in the 5year Schedule of Improvements included in this Element. These currently utilized financial resources comprise, in part, the revenue sources which will be used to fund the identified capital improvements projects. Adopted on Date: 04/02/2012 Ordinance No. 2012 0 02 8 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS_ELEMENT 3. Local Revenue Sources a. Property Taxes (Ad Valorem) Property taxes are normally based on a millage rate (i.e. one mill equates to $1 per $1000 of assessed value, or .1%),which is then applied to the taxable value of all real property, as well as all other tangible personal property. The revenue from ad valorem taxes may be used to fund both operating costs and capital projects, unless prohibited by local policies. Provisions at the State level exist for raising the millage rate above the 10-mill cap set by local referendum for debt service or provision of municipal-type services within the City. CURRENT STATUS: As thc major sourcc of revenue for the City, ad valo cm taxes account for approximately 35% of the City's annual budget for thc General Fund. The City's current millage rate for the General Revenue Fund is set at approximately 6.17 taxable value) of$582,726,592. b. Public Utility or User Charges The revenue from these charges is generated primarily as a result of the rates charged to City residents of utilization of City-owned utilities such as water, sewer, stormwater and solid waste removal/disposal. Revenue from these operations include user fees, miscellaneous customer service charges and interest income. CURRENT STATUS: The expected public utility revenue for fiscal ycar 2012 i3 estimated to be approximately$11,659,227. c. Other taxes, fees,and charges This category of revenue source includes special assessments, various administrative fees and other charges for using services or facilities owned and operated by the City. Some examples of these charges are public document sales, property appraisal fees, fines and forfeitures, permit and license fees, City fund interest income, City property sale income, rental income and all private contributions (real estate,gifts, donations, etc) to the City. CURRENT STATUS: Approximately 2.9% of thc City's Gcncral Fund revenues are gcncratcd from these sources. In fiscal year 2012, thc sum of$342,886 i3 expected to be gcncratcd by these fund sources. d. Franchise Fees The City currently charges a franchise fee (based on the applicable gross revenues charged) for utility services,which are provided by private companies within the City. Adoptcd on Datc: 01/02/2012 Ordinance No. 2012 0 02 9 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVIMENTSELEMENT CURRENT STATUS: Approximately 9.2% of the City's General Fund revenues are generated from this source. For fiscal year 2012, it is anticipated that $1,100,000 in revenue will be generated from this funding source. e. Public Service or Utility Tax A municipality may levy a tax on the purchase of electricity, metered or bottled gas, water, cable television and telecommunication services. The tax may be levied upon only the purchases within the municipality and may not exceed ten (10) percent of the applicable payments received by the seller of the taxable item from the purchaser of the purchase of such service. previously mentioned applicable and available utility services,with the exception of cable television service3. The City presently charge3 ten (10) percent of revenues for electricity, gas and water, and seven (7) percent of revenues for telecommunication3. For fiscal year 2012, the City anticipates receiving $2,031,484 in public service or utility tax revenue, which amounts to approximately 16.81%of the c3timated General Fund revenue. f. Special Source of Revenue Additional funding mechanisms are sometimes required due to the availability of existing revenue sources and/or the project priorities assigned by the City Council. The options available to the City regarding alternate sources of revenue for funding capital improvement projects are listed below. 1) System Development of Impact fees. Fees which are charged in advance of new development to pay for infrastructure needs, but not operating costs, resulting directly from the new development. The fees must be equitably allocated to the specific group(s) which directly benefit from the capital improvements. In addition, the assessment levied must fairly reflect the true cost of the capital improvements. CURRENT STATUS: The City currently charges impact fees for police, fire, fee revenues (including interest income on fund balances) are expected to be generated during fiscal year 2012. g. Special Assessment Similar to impact fees, special assessments are charged to residents, agencies or areas which directly benefit from the provision of a new service or facility by the City. For example, the construction of a gravity sewer system for an existing neighborhood may be Adopted on Date: 04/02/2012 Ordinance No. 2012 0 02 10 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT financed through a special assessment to the neighborhood's individual homeowners rather than through a revenue fund of the City. The requirement that all of the City's residents fund the new sewer system through a City revenue source is not considered equitable. CURRENT STATUS: The City currently has two special assessments in the Florida Shores area, one for sewer and one for paving. The sewer assessment was started in November 1992 and the paving assessment was started in November 1991. The long term debt service associated with the special assessment bonds was paid off in fiscal year 2010. h. Borrowing Occasionally, many local governments are required to resort to borrowing funds to pay for capital improvements due to their extremely high cost. Usually, either long-term or short-term financing is used to provide these funds. The short-term financing option is normally handled by local banks and is used to raise the required revenue for periods of one to five years. The more customary method is to authorize long-term bond issues, which range in length from five to thirty years. Listed below are several types of bond issues available to the City. 1) General Obligation Bonds. These are bonds which are backed by the full faith and credit of the local government, and are required to be approved by a voter referendum. Since these bonds are secured by the taxing power of government, they generally offer lower interest rates than other bonds. The revenues collected from ad valorem taxes on real estate, as well as other sources of revenue are used to service the government's debt. General obligation bonds should be used to fund capital improvements which benefit the whole City rather than specific areas or groups of citizens. CURRENT STATUS: The City currently has no outstanding general obligation-beftel.s7 I Iowever, the City has $395,000 in outstanding general obligation notes. 2) Revenue Bonds. The revenue obtained from the issuance of these bonds is normally used to finance publicly owned facilities such as water treatment and wastewater treatment facilities. The charges collected from the users of the facilities are used directly to retire the bond obligations. This basically allows the capital project to be self-supporting. It should be noted that the interest rates generally tend to be higher than those of general obligation bonds. The issuance of the bonds may be approved by the City Council without a voter referendum. Adopted on Date: 01/02/2012 Ordinance No. 2012 0 02 11 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CURRENT STATUS: The City ha3 issued several revenue bonds to fund the improvements to its water and wa3tewater facilities. The bond revenues arc dcpo3ited into Enterprise Trust Fund accounts for each of the utilitic3, charges are then u3cd to service the debt. The total annual debt service on these bond3 i3 a3 follow3: 2012 $818,580 2013 $823,690 2011 $827,950 2015 $826,360 2016 $775,519 Total $4,072,099 3) Industrial Revenue Bonds. This type of bond, though issued by a local government,is actually assumed by companies or industries that use these funds to construct facilities. The low interest rates associated with this type of bond (due to their tax exempt status) makes it particularly attractive to industry. The advantages to the local government are that the private sector is responsible for the retirement of the debt and that the new employment opportunities are created in the community. CURRENT STATUS: The City has not i33ued any Industrial Revenue 4. State Sources The City depends on annual disbursements from the State government to supplement its revenue sources. The revenue sources discussed above represent those funds generated by City levies which may be collected and disbursed at the local level. The revenue sources discussed in this section represent those funds which are: (1) generated locally, but collected and later reimbursed to the City by the State; (2) adopted as a local option tax or license fee, collected and reimbursed by the State; or (3) shared by the State in the form of grants to the local government, but originate from State general revenues. The amounts available from these sources may vary widely from year to year depending on legislative actions. a. Revenue Sharing Trust Fund This component of revenue consists of 1.075 percent of sales and use tax collections, 12.5 percent of the State alternative fuel use decal fee collections, and the remainder from the one-cent municipal fuel tax. The sales and use tax collections were substituted for the cigarette tax revenues that previously were used for this fund by the Florida Adopted on Date: 01/02/2012 Ordinance No. 2012 0 02 12 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN_ CAPITAL IMPROVEMENTS ELEMENT Legislature. The municipal fuel tax funds are restricted for transportation related expenditures. CURRENT STATUS: The City anticipates receiving $636,794 from this revenue source in the fiscal year 2012. Of this revenue, 63.8% comes from the sales and use tax (35.8%) is generated by the one cent municipal fuel tax. Thi3 revenue source is - - _, - - :. - :: : - .°2% of the City'3 General Fund revenuc3 in fiscal year 2012. b. Other Shared Revenue This category of revenue sources includes several major financial resources which, like the Revenue Sharing Trust Fund, are shared between City, County and State agencies. The following taxes and licensing fees generate a large portion of the total annual revenue for the City's General Fund. 1) Sales Tax — The current sales tax in the State is 6%, and is levied on retail sales, and such things as commercial rentals, admission fees to entertainment facilities, and motor vehicle sales. The collection is returned to the Cities and Counties in accordance with specific formulae. The variables of the formulae, in the case of cities, include the population of the municipality, as well as the total and unincorporated population of the County. CURRENT STATUS: The City's portion of the State 3alcs tax is expected to amount to approximately $901,215 in fiscal year 2012 which represents 7.53% of the City's General Fund evcnuc budget for that year. c. Mobile Home Licenses Mobile Home licenses currently range from $31.60 to $86.60, depending on what time length is established in the rate structure. Each City shares in the allocation of the revenues from this source based on the number of units located in the City. The City in turn shares a portion of the revenue with the local school board. This has proven to be a relatively stable revenue source over time. 2012 amounts to approximately $15,000 which rcprcacnts lcs3 than 1% of the General Fund revenue budget. Adopted on Date: 01/02/2012 Ordinance No. 2012 0 02 13 CITY OF EDGEWATER CHAPTER IX COMPREHEht_IS VE PLA I� CAPITAL IMPROVEMENTS ELEMENT d. Local Option Taxes Currently, there are four (4) possible sources of revenue available to the City within this category. All of the funds are generated locally, but the funds are collected and disbursed by the Florida Department of Revenue. The City currently shares in only one (1) of these revenue sources. CURRENT STATUS: The City's share of thi3 revenue source estimated for fi3cal year 2012 i3 approximately $409,490 which amounts to 3.42% of the City'3 2012 General Fund revenues. e. Alcoholic Beverage License The Division of Alcoholic Beverages and Tobacco for the State of Florida administers the issuance of licenses associated with the sale and/or consumption of alcoholic beverages. The State collects in excess of $37 million annually from this fee. Of this amount, a portion is returned to counties and municipalities as a State shared revenue. CURRENT STATUS: The City's share of thi3 revenue source i3 anticipated to amount to approximately $15,000 in fiscal year 2012 which is less than 1% of the City's General Fund revenues. f. Other Sources of Shared Revenues. The City also receives other shared revenues from both the County and other government agencies. These revenues include the Motor Fuel Tax Rebate, the Federal Excise Tax, and the County Business Tax Receipt fees. anticipated to amount to: a. Motor Fuel Tax Rebate: $5,000 b. County Bu3inc33 Tax Receipt Fcc3: $7,500 c. VOCA Grant $35,000 d. Street Light Maintenance $25,000 e. Other Transportation $27,500 £ PS Manatee Mitigation $57,000 The sum of these revenue sources amount3 to les3 than 1% of the City'3 fiscal year 2012 General Fund revenues. Adopted on Date: 04/02/2012 Ordinance No. 2012 0 02 14 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT C. FEDERAL AND STATE GRANTS AND LOANS The system by which Federal general revenue sharing was formerly provided (U.S. State and Local Fiscal Assistance Act of 1972) has been substantially modified. The Federal funds are now available through allocations to the state agencies which administer and monitor block grants or disbursed by federal agencies as block grants directly to state and local agencies, as well as other eligible organizations and individuals. The purpose of the block grants program is to allow recipients greater freedom in the actual funds, though the funds must still be used for projects in specific categories. Since these funds require the competitive applications be submitted in order to receive an allocation, the grant monies are usually non-recurring and cannot accurately be projected for annual budgeting purposes. A partial list of available Federal grant sources is shown in Figure 1. Other grants and loans are administered at the State level, with State Executive Departments acting as "pass-through agencies" for federally funded projects. The Community Development Block Grant (CDBG) is an example of a federally funded grant project. The U.S. Department of Housing and Urban Development administers this program and allocates 70% of its CDBG funds to "entitlement communities", or the larger urban areas. These communities must apply for grants for financing specific projects from a list of eligible activities outlined in Title I statutes. These projects include infrastructure improvements, housing projects and commercial revitalization. The remaining 30% of the grant funds are allocated to State pass-through agencies such as the Department of Economic Opportunity (DEO) in the State of Florida. DEO administers these grants for the same types of projects mentioned previously,but restricts their availability to small cities and counties. In addition to block grants, there are several direct loan programs available at the Federal level, but their applicability to capital projects is extremely limited. State loans however, are usually available to finance capital projects such as land acquisition for low-income housing. DEO administers loans and grants for these projects to eligible governments through its Bureau of Housing. CURRENT STATUS: The City has received a FEMA grant in the amount of $1,141,257 for the replacement of Fire Station 55, as well as a grant from Housing and Urban Development (HUD) in the amount of $80,306 for YMCA IIVAC replacement, and a grant from the Florida Department of Transportation in the amount of$110,119 for the 30th Street sidewalk. The City also received a grant Y'a . . _ . Adopted on Date: 01/02/2012 Ordinance No. 2012 0 02 15 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAFITALIMPROVEMENTS ELEMENT Figure 1: Federal Grant Agencies and Program Titles AGENCY TITLE Department of Commerce Public Works and Development Facilities Support for Planning Organizations Public Works Impact Projects Public Telecommunications Facilities Construction and Planning Department of Children& Families Community Health Concerns Department of Housing and Urban Development Housing Development Grants Community Development Block Grant/Entitlement Community Development Block Grant/Small Cities Program Department of Interior Outdoor Recreation: Acquisition, Development and Planning Urban Park and Recreation and Recovery Program Department of Transportation Urban Mass Transportation Capital Improvement Grants Urban Mass Transportation Technical Studies Grant Environmental Protection State Revolving Loan Fund (DFR) Program Agency Comprehensive Estuarine Management SOURCE: "Catalog of Federal Domestic Assistance", Government Printing office, Washington, D.C. Adopted on Datc: 04/02/2012 Ordinancc No. 2012 0 02 16 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT D. LOCAL POLICIES AND PRACTICES To guide the location and timing of land development, local policies and practices are used, particularly in support of the goals, objectives and policies of the Future Land Use Element. Obviously, State agencies and water management districts which provide public facilities within the City's jurisdiction may influence these policies and practices. One such influence was found to be generated by the Florida Department of Transportation (FDOT) 5year Transportation Plan. This influence stemmed from the fact that several roadways within the City's jurisdiction are part of the state highway system, and therefore are largely the financial responsibility of the FDOT. Plans for the improvement of some of these roadways may be included in the before mentioned 5:year Transportation Plan. However, there are other such roadways not included in the Plan. Either scenario affects the capacity of the roadways, which in turn affects the level and intensity of development,as well as the degree of financial commitment for which the City must plan. In the absence of improvement plans by FDOT, special provisions may be made when the City desires improvement of a State road to maintain local levels of service standards. These provisions may include the City expending funds for roadway improvements or providing FDOT with the funds, either of which may be collected through an impact fee. In this section, many of the local practices and policies used by the City are described in terms of their general concept and the circumstances surrounding their use. The policies and practices both used in the past and currently in use are identified. Policies and practices not in use which have the potential for being used by the City are discussed in a later section of the CIE. 1. LOS Standards LOS standards indicate the degree of service provided, or proposed to be provided by public facilities based on their operational characteristics. Basically, the LOS indicates the capacity per unit of demand for each public facility. Therefore, the LOS is a summary of the existing or desired public facility conditions. Chapter 163, F.S. requires LOS standards to be included for all public facilities addressed by local governments in their CP. These LOS standards are to be established for the specific purpose of issuing permits or development orders to ensure that adequate capacity is available and will be maintained in public facilities for future development. LOS standards can affect both the timing and location of development by encouraging development of those areas which have public facilities with excess capacity. In addition, development is not allowed unless the needed facilities and services are available. This development and provision of services usually occur in a phased sequence over a period of time. The City has adopted formal LOS standards with the completion of their CIP. Therefore, the LOS standards as outlined in the various elements of the CIP have been listed below. CURRENT STATUS: Adopted on Date: 04/02/2012 Ordinance No. 2012 0 02 17 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN IMPROVEMENTS ELEMENT Sanitary Sewer: 204 gallons per equivalent residential unit per day Solid Waste: 2.5 pounds per capita per day Stormwater: Level A—No significant street flooding Level B—No major residential yard flooding Level C—No significant structure flooding Level D—No limitation on flooding (Based on 25-year/24-hour storm event) Potable Water: 204 gallons per equivalent residential unit per day Collector Roadways: LOS D for peak hour volumes Arterial Roadways: LOS D for peak hour volumes Limited Access Road: LOS B Guidelines for Recreational Facilities: Facility Unit of Measure Parkland 5 acres/1,000 persons Baseball/Softball 1 field/4,000 persons Basketball Court 1 court/5,000 persons Tennis Court 1 court/3,500 persons Handball/Racquetball Court 1 court/4,000 persons Community Center 1 facility/30,000 persons Multi-Purpose/Soccer 1 field/4,000 persons Shuffle Board Court 1 court/1,500 persons Bocci Ball Court 1 court/10,000 persons Volley Ball Court 1 court/5,000 persons Boat Ramps 1 ramp/4,700 persons Bike/Pedestrian Trail 1 mile/4,000 persons Fitness Trails 1/14,000 persons Activities Center 1/15,000 persons Gymnasium N/A 2. Capital Improvements Program (CIP) A Capital Improvements Program is a plan for capital expenditures to be incurred each year over a fixed period of years to meet anticipated facility improvements and needs. The CIP identifies each capital project or other capital expenditures anticipated by the City, as well as presenting estimates of the resources needed to finance the project. Adopted on Date: 04/02/2012 Ordinance No. 2012 0 02 18 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS EVENT The CIP is designed to be consistent with the CIE of the local CP because it reflects the goals, objectives and policies of the Element and its implementation strategy, including the 5- year Schedule of Improvements. In addition, the CIP is not restricted to only those public facilities addressed in the CP, as is the CIE. The first year of a CIP becomes the annual capital budget with longer range capital expenditures identified for the 5-year program. The capital budget encompasses enacting appropriations for those capital projects delineated for the first year of the CIP. The CIP, similar to CIE,is reviewed on an annual basis. CURRENT STATUS: The City is currently preparing a CIP with 5 year increments within which arc contained annual capital budgets. 3. Impact Fees Impact fees are imposed by many local governments on new developments to offset the costs of new public facilities necessitated by the development. Local government may use this strategy as one method of implementing the CIE. Chapter 163, F.S. includes impact fees as an innovative technique that may be integrated into the land development regulations. Impact fee development is a logical outgrowth of the CIE preparation. A rational basis for developing an impact fee ordinance comes from the assessment of the local government's capital improvement needs and its capability to provide for those needs which is required by Chapter 163 F.S. Infill development location and timing may be affected and controlled through the use of impact fees. This is because infill development usually occurs in those areas having capital facilities with excess capacity. If the local government chooses not to recover the costs of capital facilities in underutilized service areas, infill development may be encouraged by the absence of impact fees on developments proposed within those areas. CURRENT STATUS: The City currently has impact fee resolutions for providing water, wastewater,recreation, Fire and Police services. 4. Utility Service Areas The delineation of utility service areas within a comprehensive plan or CIP may be used to describe areas where local governments intend to provide public facilities and services. When used in conjunction with a CIE and CIP, utility service areas can be used as a tool to coordinate the timing of public facilities and service provision within areas planned for development. Adopted on Date: 01/02/2012 19 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN __. CAPITAL IMPROVEMENTS ELEMENT Additionally, the following benefits may be the result of using utility service areas: a) Encourage efficient and orderly growth patterns; b) Preserve agricultural and environmentally sensitive areas;and c) Support control on facility extensions . . _ . City's CP,but only for water and wa3tcwatcr facilitic3 and 3crvicc3. 5. User Charges and Connection Fees User charges are designed to recover the costs of public facilities or services from those who benefit from them. Many areas of local government employ the use of user charges. Monthly sewer charges paying for the operation and maintenance of wastewater facilities as well as retiring debt service on revenue bonds is a good example of user charge usage. This technique may also be applied to transportation, potable water, solid waste, recreation and parking facilities and services. These charges may be designed to vary, depending on the quantity and location of the services rendered, in order to affect the pace and pattern of development. In other words, the greater the distance from the service area, the higher the user charge. CURRENT STATUS: Uscr chargcs and connection fccs arc currently used for wa3tcwatcr, potable water, solid waste and recreation facility maintenance. 6. Concurrency Management System This controls the timing and location of development by conditioning new development approvals on evidence that sufficient facilities and services are present or will be provided in order to maintain adopted LOS standards. In effect, this implements Chapter 163, F.S. that requirc3 public facilities to be available to suppor - - '-- • - - - :- - •--- •- Therefore, development approval becomes contingent on the ability of local governments to provide facilities and services, and furthermore, may require the development itself to furnish the facilities and services in order to maintain the adopted LOS standards. Additional benefits associated with a Concurrency Management System are as follows: a) Supports the consistency of the CIE with the Future Land Use Element, b) Provides for the orderly expansion of public facilities; c) Stabilizes capital improvement expenditures and taxing structures for capital improvements;and d) Reduces the possibility of damage to the environment from the use of overburdened facilities. Adopted on Datc: 04/02/2012 Ordinance No. 2012 0 02 20 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Typically, the Concurrency Management System interacts with the development approval process by requiring that all zoning, subdivision or planned unit development (PUD) approval be granted only upon demonstrated compliance with the system. The building permit stage is another level at which a Concurrency Management System may function. In this context, the Concurrency Management System may control development in areas that are already approved, but not as yet built on, such as pre-platted lands. CURRENT STATUS: The City has developed a Concurrency Management System as part of this Element. 7. Mandatory Dedication or Fees in Lieu Of The City may require, as a condition to plat approval, that subdivision developers dedicate a portion of the land within the development to be used for public purposes such as roads, parks and schools. Dedication may be made to the governing body, or to a private group such as a homeowners association. When a subdivision is of such small scale or topographic conditions that a land dedication cannot reasonably be required, the City may require that the subdivider pay a fee in lieu of dedication which is equivalent to the amount of land that otherwise would have been dedicated by the developer. The fee may be deposited into a separate account for use in the future towards the provision of such facilities. As a result of the public facility provision, the adjacent area benefiting from the initiative would likely become more attractive to development. Therefore, the acquired service potential may be used to encourage growth in desired areas. CURRENT STATUS: The City currently requires mandatory dedications of land or fccs in lieu of. 8. Moratoria A moratorium, or stop-gap ordinance, is used to temporarily halt or freeze development in an area for a specified period of time on an emergency basis. The ordinance may be imposed on certificate of uses, building permits, development approvals, or governmental services such as potable water connections or wastewater system extensions and/or connections. The moratorium normally is imposed for a "reasonable time" to allow the necessary planning activities to take place pending comprehensive plan preparation, adoption or amendment. The State of Florida's legal system has found development moratoria to be a valid measure of last resort in the protection of local public health, safety and welfare when adopted in accordance with applicable procedures. Some other considerations in adopting a moratorium include: Adopted on Date: 04/02/2012 Ordinance No. 2012 0 02 21 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL LMPROVEMENTS ELEM ENT a) Determining legal status of existing permit applications and approvals to determine the extent of "vested rights" for those developments approved prior to ordinance adoption; b) Specifying the geographic extent of the moratorium (whether it will be City wide, or limited to specific hazard areas with existing service insufficiencies); and c) Specifying the time frame and conditions under which the moratorium will be imposed. CURRENT STATUS: The City is not currently impoaing any moratoria. E. FINANCIAL ANALYSIS 1. Fiscal Assessment In this section, an examination is made of the City's ability to fund the capital improvements listed in Table 1. The purpose of the examination is to determine whether sufficient revenue will be available using the existing budgeting framework utilized by the City to fund the required improvements at the time when they are needed. The assessment process estimates future revenue receipts which the City will use to fund capital improvements, then balances these revenues against the anticipated capital improvement expenditures. Using this process, it becomes possible to quantify annual revenue surpluses and shortfalls, thereby providing a basis for examining opportunities for financing the required capital improvements. The examination of these opportunities is included in the next portion of this section, entitled"Summary and Recommendations". In addition to the direct cost for capital improvements, this section will review the fiscal impacts of the capital improvements identified in the other CP elements upon the actual operation of the City departments responsible for facility management. This will include costs for additional personnel and routing operation/maintenance activities. It should be noted that this assessment includes only those items planned for in other CP elements. a. Accounting System The accounting system employed by the City records financial transactions in individual accounts called "funds". Records for each fund provide a complete accounting of fund assets, liabilities, reserves, equities, revenues and expenditures. The following is a brief description of the funds which the City has established for capital improvement financing. GENERAL FUND: The General Fund is the basic operating fund of the City. It accounts for all revenues and expenditures used to finance the traditional services associated with a municipal government which are not accounted for in other funds. These services include police and fire protection, civil defense, emergency rescue services, street services, parks and Adopted on Datc: 01/02/2012 Ordinance No. 2012 0 02 22 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT recreation, building safety, general administration and any other activity for which a specific special fund has not been created. ENTERPRISE FUND: Enterprise Funds are established to account for the financing of self-supporting municipal activities which render services on a user charge basis to the general public. In the City, the water and sewer utilities, refuse collection, and stormwater operations are operated as enterprise activities. The significant characteristic of an Enterprise Fund is that the accounting system makes it possible to determine whether the activity is operated at a profit or loss. All reports of Enterprise Funds are self-contained. In this way, creditors, legislators, and the general public can evaluate the performance of the municipal enterprise on the same basis as investor- owned enterprise in the same industry. b. Projected Revenues The City's tax base is was projected to increase decrease for 2012 2013, assuming a 3.00% rate of growth starting in 2014 for the adjusted taxable value of property (including new construction), as indicated below. The City's assessment ratio is projected to remain stable at 95%. Table 3: Adjusted Taxable Income Projections Tax Base 2012 2013 2014 2015 2016 2017 Adjusted taxable 582,726,592 income 582,726,592 592,777,766 592,777,766 600,208,390 618,214,641 636,761,080 SOURCE: City of Edgewater Finance Dept. Ad valorem tax yields were projected assuming the fiscal year 2012 2013 rate of millage and the average annual increase (3.00%) in adjusted taxable value over the next five years. It should be noted that the five-year average rate for millage amounts to a rate of 6.47 per $1,000 of taxable property value. Table 4: Ad Valorem Tax Yield Projections Tax Base 2012 2013 2014 2015 2016 2017 Ad Valorem Tax Yield 3,581,729 3,660,403 3,581,729 3,770,241 3,883,348 4,119,844 Adopted on Datc: 01/02/2012 Ordinance No. 2012 0 02 23 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE_PLAN _ CAPITAL IMPROVEMENTS ELEMENT SOURCE: City of Edgewater Finance Dept.Assume a collection of 95%of the total ad valorem tax billings. Table 5 indicates the revenues expected to be available to the City to finance the expenditures and capital improvements for the years 2012 2016 2013-2017. Revenue projections are based on past trends and anticipated changes in funding sources. These amounts are represented in 2012 2013 dollars. Table 5: Revenue Projections Affecting Capital Improvements 2012 2013 2014 2015 2016 2017 FUND General Fund Ad Valorem $3,581,729 $3,660,403 $3,581,729 $3,883,348 $3,999,848 $4,119,844 Franchise $47-144070490 $915,000 $1,133,000 $1,166,990 $1,202,000 $1,238,060 Fees State Shared $1,553,009 $1,599,599 $1,617,587 $1,697,015 $1,747,925 Revenues $1,733,731 $1,785,743 $1,839,315 $1,894,495 $1,951,330 Utility Tax $2,031,181 $2,031,484 $2,092,429 $2,155,201 $2,219,857 $2,286,453 Other $1,440,786 $1,440,786 $1,484,010 $1,528,530 $1,574,386 $1,621,617 Subtotal: $95707,008 $9,890 $1053845656 $10,693,106 $11501358-99 $9,781,404 $10,076,911 $10,573,384 $10,890,586 $11,217,304 Enterprise Funds Wastewater $3,565,287 $7,339,776 $3,672,246 $3,782,413 $3,895,885 $4,012,762 Adopted on Date: 04/02/2012 Ordinance No. 2012 0 02 24 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Refuse $3,187,229 $3,187,229 $3,563,197 $3,670,093 $3,780,196 $3,893,602 Water $3,459,115 $3,459,415 $3,563,197 $3,670,093 $3,780,196 $3,893,602 Stormwater $' 12mo0 $1,422,100 $1,464,763 $1,508,706 $1,553,967 $1,600,586 Net Bond Proceeds $0 $0 $0 $0 $0 Subtotal $12,009,031 $12,647,653 $13,029,143 $1354205017 $13,822,612 $15,783,520 $12,649,653 $13,029,143 $13,420,017 $13,822,612 Total Revenues $2157465039 $22,538,420 $23,410,799 $24,113,123 $24,836,511 $25,564,924 $22,726,564 $23,602,527 $24,310,603 $25,039,916 The Enterprise Fund projected revenues for each account include anticipated income from user charges, connection fees, impact fees, assessment receipts and customer service charges. The revenue projections for wastewater and water user charges and connection fees are based on current individual fee amounts (average monthly charge and connection fees) and projected total service connections. Solid waste user charge revenue projections are based on current average monthly charges also. The amount shown for net bond proceeds represents the use of bond proceeds which are anticipated to be issued for major capital projects. The amounts shown reflect the year when the proceeds are estimated to be encumbered for the project and not the use of the proceeds deposited in the construction fund for financing the project. c. Projected Expenditures The projected expenditures have been separated into three categories for the purpose of this assessment: (i) scheduled capital improvement project expenditures; (ii) capital improvement debt service expenditures; and (iii) operating cost expenditures. The first category of expenditure represents the direct cost of those capital improvements expected to be incurred annually, those identified by the other CP elements, and those identified by the City's Capital Improvements Program (in addition to the CIP projects already identified by the other CP elements). Table 6 lists these projected expenditures by Fund for 2012 2016 2013-2017. Adopted on Datc: 04/02/2012 Ordinance No. 2012 0 02 25 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Table 6: Expenditure Projections for Scheduled Capital Improvements 2011 Gam 2042 2043 2014 2015 2016 Forward 2013 2014 2015 2016 2017 FUND General Fund $1,770,306 $6,231,706 $ 00,000 $500,000 $500;000 Annual Capital Expenditures $1,169,312 $644,033 $6,565,806 $959,765 $572,100 $571,100 Enterprise Funds Annual Capital Expenses $162,066 $5,817,922 $4-5;2-50;000 $8,950,000 $3,4550,000 Water/Sewer $7,339,776 $300,000 $14,800,000 $8,800,000 $3450,000 $316,562 Public Works $958,853 $1,208,853 $1,458,853 $1,708,853 $1,958,853 $291,415 $600,000 Stormwater $775,500 $200,000 $250,000 $250,000 $225,000 $434693312 $2,511,333 $123678,644 $46,000,000 X003000 $431733000 Total Expenses $9,718,162 $8,274,659 $17,468,618 $11,330,953 $6,204,953 The second category includes the projected expenditures required to meet debt service requirements for outstanding bond issues, as well as planned future bond issues included in the revenue projects in Table 6. The future debt issues are anticipated by the City to provide Adopted on Datc: 04/02/2012 Ordinance No. 2012 0 02 26 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS MENT monies to fund the reclaimed water improvements as well as various general improvements. In addition to long-term indebtedness, the City utilizes short-term borrowing for minor capital expenditures. Table 7 lists the projected debt service expenditures by Fund. Table 7: Debt Service Expenditure Projections 2042 2013 2014 2015 2016 2017 FUND $638,559 $115,711 $916,918 $86,153 0 General Fund $415,714 $448,092 $117,791 $119,570 $126,410 Enterprise Funds Wastewater $1,581,517 $1,612,783 State SRF Loan 2012 $1,528,319 $360,128 $360,128 $360,128 Water SunTrust JCI 2005 $92,594 SunTrust JCI 2013 $324,000 $493,000 $533,000 $576,000 $622,000 Wells Fargo Series 2009 #42 Wachovia Series 2009 $585,000 $610,000 $635,000 $655,000 $626,429 $626,429 BB&T SRF Refinance 2012 $240,000 $657,000 $671,000 $686,000 $701,000 BOA #265 $ 4;999 $514,000 Stormwater The debt service to fund the enterprise component of the CIP program consists entirely of revenue bonds and special assessment bonds. Based on the opinion of the City Council, this debt does not come under the current charter provisions of the City. With respect to the general debt associated with the General Fund, the current charter requires that the City not incur additional debt of more than .75% of the net taxable ad valorem property value during any forward moving five (5) year period unless such debt was approved by a referendum of eligible voters in a general election. Based on the current Charter provisions, the estimated debt service capacity assuming assessed valuation rates is as follows: Value for 2012 2013 $582,726,592 $869,698,616 Adopted on Datc: 01/02/2012 Ordinance No. 2012 0 02 27 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN _ CAPITAL IMPROVEMENTS ELEMENT Charter Limitation at .75% $7,018,118 $6,522,740 The final category of expenditures contains the annual operating costs for providing the necessary facility improvements and services to the City's customers. These operating costs consist of the recurring expenses associated with the normal operation of capital facilities such as supplies, maintenance, personnel and utility costs associated with the assessed capital improvement needs. The operating costs have been assigned to the first year in which they are expected to be incurred based on the schedule of improvement contained in Table 6. Table 8 presents the annual operating expenditure of the City for years 2012 2016 2013- 2017. Table 8: Annual Operating Expenditures 2012 2013 2014 2015 2016 2017 FUND General Fund $11,971,122 $12,207,802 $12,330,565 $12,700,482 $13,081,496 $13,473,94 Enterprise Fund Water/ Wastewater $8,231,380 $8,207,400 $8,478,321 $8,732,671 $8,994,651 $9,264,491 Public Works $3,187,2291 $3,012,390 $3,282,846 $3,381,331 $3,482,771 $3,587,254 Stormwater $4742271-00 $1,655,030 $1,464,763 $1,508,706 $1,553,967 $1,600,586 In order to assess the City's capability to fund the necessary capital improvement expenditures, a determination of revenue sufficiency must be made. This capability is shown by finding the difference between the projected annual revenues and expenditures for each Adopted on Datc: 01/02/2012 Ordinance No. 2012 0 02 28 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT fund the City uses to finance the capital improvements. The assessment results are shown in Table 9. Table 9: Fiscal Assessment No. 1 FUND 2012 2013 2014 2015 2016 2017 GENERAL FUND REVENUES $11,971,422 $12,207,802 $12,330,565 $12,700,482 $13,081,496 $13,473,941 EXPENDITURES $11,971,422 $12,207,802 $12,330,565 $12,700,482 $13,081,496 $13,473,941 BALANCE - - - - - - ENTERPRISE FUND WATER/WASTEWATER REVENUES $8,231,380 $8,207,400 $8,478,321 $8,732,671 $8,994,651 $9,264,491 EXPENSES $8,231,380 $8,207,400 $8,478,321 $8,732,671 $8,994,651 $9,264,491 BALANCE - - - - - - PUBLIC WORKS REVENUES $3,187,229 $3,012,390 $3,282,846 $3,381,331 $3,482,771 $3,587,254 EXPENSES $3,187,229 $3,012,390 $3,282,846 $3,381,331 $3,482,771 $3,587,254 BALANCE - - - - - - STORMWATER REVENUES $4742271-00 $1,655,030 $1,464,763 $1,508,706 $1,553,967 $1,600,586 EXPENSES $1,122,100 $1,655,030 $1,464,763 $1,508,706 $1,553,967 $1,600,586 BALANCE - - - - - - Adopted on Datc: 04/02/2012 Ordinance No. 2012 0 02 29 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN __ CAPITAL IMPROVEMENTS ELEMENT Included in Table 9 are the projected revenues (as previously listed in Table 5) and expenditures (consisting of the sum of the cost and expenditures shown in Tables 6, 7 and 8). Improvement costs for transportation and recreation have been included in the General Fund, improvement costs for wastewater, water and solid waste are included in the Enterprise Fund, and stormwater improvement costs have been included in the Stormwater Fund. The balance of each fund indicates the difference between the projected revenues and expenditures. Revenue shortfalls for a given year are indicated by a negative balance. The City uses revenues from both the General and Enterprise Funds to meet annual operating expenses. The General Fund is primarily used for transportation and recreation/park operating services,while the Enterprise Fund is used for the operating costs associated with the Public Works and Utilities Departments. Supplemental funding is provided by the fees collected by the various departments from the persons directly receiving the service. The City-wide millage rate and the Enterprise Fund user charges are reviewed periodically by the City as part of its budgeting process. Adjustments are made in order to ensure that sufficient funds are available to meet expected expenses, including a reserve for contingency funds. In anticipation of future increases in operating costs, the City may desire to adjust the millage rate and/or user charges upward by small increments over a period of several years. This will initially provide additional operating reserves, which can later be used to offset operating expense increases as they occur and allow the City to moderate annual charges in the millage rates and user charges. The anticipated increases in ad valorem tax revenues for 2012 2016 2013-2017 are featured below in Table 10. Table 10: Anticipated Increase in Ad Valorem Tax Revenue Projections Tax Base 2012 2013 2014 2015 2016 2017 Result of one-half mill increase over and above current $3,581,729 $3,941,972 $3,521329 $3,883,348 $3..999,848 $4,119,844 Ad-Valorem d. Summary and Recommendations Within this section, the projected revenue shortfalls as indicated in Table 9 are identified. Various methods of overcoming these revenue shortfalls are examined herein, and recommendations developed as to the most appropriate methods of balancing the revenue and expenditure streams for the City's funds. These balanced revenue/expenditure streams are shown in Table 9 and indicate the achievement of an economically feasible comprehensive plan. Adopted on Date: 04/02/2012 Ordinancc No. 2012 0 02 30 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE_PLAN _ _ CAPITAL IMPROVEMENTS ELEMENT General Fund: As shown in Table 9, the General Fund is projected to have a balanced budget during 2012 2016 2013-2017. Enterprise Fund: The Enterprise Fund is projected to have a balanced budget during 2012 2016. 2013-2017. The balancing of the projected revenue and expenditure streams within the Enterprise Fund will be accomplished by the following funding strategy changes: STORMWATER: 1. Apply for various grants from State agencies to assist with various projects; 2. Obtain short term financing via low interest loans;and 3. Carry forward any unexpected funds as revenue. In the event that some of the proposed sources are not attained, the following alternative strategies will be pursued; 1. Additional deferral of projects to later years; 2. Procurement of additional revenue bonds instead of funding projects on a "pay-as- you-go" basis; 3. Procurement of additional grant funding; 4. Procurement of a state revolving fund loan;and 5. Increase user fees for municipal services. Improved planning and coordination will be initiated among the City's utility departments in order to ensure that public facility and service provision is optimal for cost effectiveness. For example, department representatives will work together to encourage the provision of public facilities and services concurrently (where feasible), in order to limit the negative impacts of separate installation (i.e. construct water/sewer services prior to paving/ stormwater improvements). Also, other entities which share facilities with the City (such as FDOT and Volusia County) sharing the use of the U.S. 1 within the City limit(s) will be coordinated with regarding improvements to their shared facilities. Adoptcd on Datc: 01/02/2012 Ordinance No. 2012 0 02 31 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN__ CAPITAL IMPROVEMENTSELEMENT F. GOALS, OBJECTIVES,AND POLICIES The City shall undertake all actions necessary to ensure that needed public facilities and services are provided to all residents within the City's jurisdiction in a manner which maximizes the use of existing facilities, promotes orderly compact urban growth and protects the City's investments in its existing facilities. GOAL 1: Capital improvements will be provided to correct existing deficiencies, to accommodate projected future growth, and to replace obsolete or worn-out facilities, as indicated in the 5eear Schedule of Improvements delineated in this Element. Objective 1.1: Reserving Funds for Needed Future Capital Facilities.Ensure that a Five- Year Capital Improvements Program (CIP) shall be incorporated into the Annual Budget in order to reserve funds for needed future capital facilities. Policy 1.1.1: Preparation of the Five-year Capital Improvement Program. The City's Finance Director shall prepare the Five-Year CIP on an annual basis as part of the City's Annual Budget; it shall address all capital needs of the City. Policy 1.1.2: Municipal Department Heads and the CIE Annual Update. As a part of the annual update process for the Capital Improvements Element, municipal department heads shall provide input to the City Manager and Finance Director regarding capital improvement needs and the adequacy of existing and planned funding sources. Policy 1.1.3: Multi year Funding Strategy and New Funding Resources. As a part of the annual update process for the Capital Improvements Element the City shall focus on a multi-year funding strategy to identify new funding resources. Objective 1.2: Capital Improvements Classification. Shall include all projects identified in the CIP which are determined to be of relatively large scale and high cost ($25,000 or greater) in the 5.-year Schedule of Improvements as capital improvement projects;all other capital improvements shall be included in the 5eear Capital Improvements Program and annual capital budget. Policy 1.2.1: Debt Service and Operating Expenditures. The City shall, for accounting purposes, include this Element in conjunction with Debt Service and Operating expenditures. Policy 1.2.2: Scheduling and Funding Capital Improvements. The City shall, as a matter of priority, schedule and fund all capital improvements identified by the 5.-year Schedule of Improvements. Adopted on Datc: 0'1/02/2012 Ordinance No. 2012 0 02 32 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN __ CAPITAL IMPROVEMENTS ELEMENT Policy 1.2.3: Reviewing the Water Supply Facilities Work Plan (WSFWP). The City shall continue to adopt a CIP and annual budget as a part of its budgeting process. The City will review the CIP annually together with the WSFWP to include the water related projects identified for the first five years of the WSFWP. The program shall be "financially feasible" as defined in Florida Statutes. Policy 1.2.4: Capital Improvement Projects and Priority Ranking Guidelines. The proposed capital improvement projects shall be evaluated and ranked in order of priority according to the following guidelines: • the project is needed to protect public health and safety, to fulfill the City's legal commitment to provide facilities and services, to reduce waste of water resources, to reduce waste of water resources or to preserve or achieve full use of the existing facilities; • the project promotes the City's development of alternative water supplies, corrects water supply deficiencies or otherwise results in a reduction in future dependence on Upper Floridian aquifer water sources to support future growth of the City. • the project increases the efficiency of use of the existing facilities, prevents or reduces future improvement costs, provides service to developed areas lacking full service or promotes infill development; • the project represents a logical extension of facilities and services within a designated utility service area; • the project implements the policies of this Comprehensive Plan as they pertain to the concurrency requirements; and • the project is financially feasible. Objective 1.3: Proportionate Share. Ensure the proportionate share of facility improvements which are necessitated by future development in order to maintain adopted LOS standards shall be borne by those directly benefiting from the improvements. Policy 1.3.1: Implementing Impact Fee Programs. The City shall continue to implement its impact fee programs as conditions to providing utility services to new developments. Adoptcd on Datc: 04/02/2012 Ordinance No. 2012 0 02 33 CITY OF EDGEWATER CHAPTER IX COMPREHENSIV PLAN ___ _ __ __CAPITAL IMPROVEMENTS ELEMENT Policy 1.3.2: Transportation Impact Fee Ordinance. The City shall continue to implement its Transportation Impact Fee Ordinance. Policy 1.3.3: Future Development and Proportionate Costs. Future development will bear a proportionate cost of all capital improvements necessary to maintain LOS standards adequately. Policy 1.3.4: Private Contributions and the Five-Year Schedule of Capital Improvements. The City shall rely upon private contributions as a funding source within the Fiveyear Schedule of Capital Improvements only when the obligation to fund a specific capital improvement is addressed in an enforceable development agreement or development order. The City shall not be responsible for funding capital improvements that are the obligation of the developer. If the developer fails to meet any capital improvement commitment that is programmed in the Fiveyear Schedule of Capital Improvements, a plan amendment to delete the capital improvement from the Schedule shall be required. Policy 1.3.5: New Development and Impact Fees.All new development,which has a direct or indirect impact on roads, schools, parks, potable water, or sewer, shall continue to be subject to impact fees collected and/or administered by the City. Monies collected as impact fees shall be spent to benefit the City's infrastructure. Objective 1.4: Managing Financial Resources. Will manage its financial resources to ensure the provision of needed capital improvements for previously issued development orders for future development and redevelopment. Policy 1.4.1: Issuance of Development Orders or Permits and Concurrency. The City will not issue development orders or permits unless public facilities (which meet the adopted LOS standards) needed to support development or redevelopment are available, or will be available concurrently with the impacts of the development. Policy 1.4.2: Maximum Ratio of Outstanding Indebtedness. The maximum ratio of outstanding indebtedness (for providing capital improvements) to the property tax base shall be limited by the City to no greater than .75%. Policy 1.4.3: Adoption of the Capital Improvements Program. The City shall continue to adopt a 5year Capital Improvements Program and annual budget as a part of its budgeting process. Policy 1.4.4: Funding to Finance Capital Improvements.The City will continue to apply for water, wastewater, solid waste and other available grants on an Adopted on Date: 01/02/2012 Ordinance No. 2012 0 02 34 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT annual basis to obtain funding to finance the provision of capital improvements. Policy 1.4.5: Limitation on the use of Revenue Bonds.The limitation on the use of revenue bonds as a percent of total debt shall follow applicable Florida statues and acceptable financial practices. Policy 1.4.6: Maximum Ratio of Total Debt Service. The maximum ratio of total debt service to total revenue shall follow applicable Florida statues and acceptable financial practices. Policy 1.4.7: Maximum Ratio of Outstanding Capital Indebtedness to Property Tax Base. The maximum ratio of outstanding capital indebtedness to property tax base shall follow applicable Florida statues and acceptable financial practices. Policy 1.4.8: Reviewing all Sources of Revenue and the Annual Budget Process. Before the annual budget process is initiated, the City shall review all sources of revenue not previously utilized as revenue and shall act to obtain and receive revenue from these potential sources where a benefit to the City can be predicted. Policy 1.4.9: Complying with State Law and the Management of Debt. The City shall comply with all State of Florida law regarding the management of debt. Objective 1.5: Issuance of Development Orders and Permits. Shall base all decisions regarding the issuance of development orders and permits on the coordination of the development requirements included in this CP, its land development regulations and ordinances, and the availability of public facilities needed to support such development at the time it is needed. Policy 1.5.1: LOS Standards. The City shall use the following LOS standards in reviewing the impacts of new development and redevelopment upon public facility provision in the City or in the City's Utility Service Area: Sanitary Sewer: 204 gallons per equivalent residential unit per day Solid Waste: 2.5 pounds per capita per day Stormwater Level A—No significant street flooding Level B—No major residential yard flooding Level C—No significant structure flooding Level D—No limitation on flooding (Based on 25-year/24-hour storm event) Adoptcd on Date: 04/02/2012 Ordinance No. 2012 0 02 35 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Potable Water: 204 gallons per equivalent residential unit per day Collector Roadways: LOS D for peak hour volumes Arterial Roadways: LOS D for peak hour volumes Limited Access Road: LOS B Guidelines for Recreational Facilities: Facility Unit of Measure Parkland 5 acres/ 1,000 persons Baseball/Softball 1 field/4,000 persons Basketball Court 1 court/5,000 persons Tennis Court 1 court/3,500 persons Handball/Racquetball Court 1 court/4,000 persons Community Center lfacility/30,000 persons Multi-Purpose/Soccer 1 field/4,000 persons Shuffle Board Court 1 court/1,500 persons Bocci Ball Court 1 court/10,000 persons Volley Ball Court 1 court/5,000 persons Boat Ramps 1 ramp/4,700 persons Bike/Pedestrian Trail 1 mile/4,000 persons Fitness Trails 1/14,000 persons Activities Center 1/15,000 persons Gymnasium N/A Policy 1.5.2: New Development, Redevelopment or Comprehensive Plan Amendments Guidelines. The City shall evaluate all proposed CP amendments and requests for new development or redevelopment according to the following guidelines as to whether the proposed action would: • contribute to a condition of public hazard as described in the Utilities Sub-elements; • exacerbate any existing condition of public facility capacity deficits as described in the Utilities Sub-elements, the Transportation Element and the Recreation and Open Space Element; • generate public facility demands that may be accommodated by capacity increases planned in the 5year Schedule of Improvements, Adopted on Date: 04/02/2012 Ordinance No. 2012 0 02 36 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN __ CAPITAL IMPROVEMENTS ELEMENT • conform to future land uses as shown on the Future Land Use Map (FLUM) of the Future Land Use Element (FLUE), and utility service areas as described in the Utilities Sub-elements; • if public facilities are developer-provided, accommodate public facility demands based on adopted LOS standards; • if public facilities are provided, in part or whole, by the City, demonstrate financial feasibility, subject to this element; • represent a logical extension of facilities and service from the City to the urban fringe, or is compatible with the plans of the State agencies or the St. Johns River Florida Water Management District (SJRWMD) ;and • determination of future capital improvement needs shall be based on anticipated future growth or redevelopment patterns and whether a particular improvement advances the goals, policies and objectives of the Comprehensive Plan. Policy 1.5.3: Land Use Development Orders and Concurrency. Land use development orders shall be granted only when facilities functioning at the adopted LOS exist, or will be available, concurrent with occupancy or use of such developed land with respect to sewer,water and stormwater, and within three years for recreation and transportation. Policy 1.5.4: Public and Private Capital Facilities and LOS Provision. The City shall require all public and private capital facilities to operate and provide service at the LOS adopted in this Comprehensive Plan for existing, previously issued development orders and future permitted development. Policy 1.5.5: Public Facilities and Services and Concurrency. The City shall continue to make public services and facilities available concurrent with the impacts of development. In cases of phased development, the City shall determine when public facilities and services are necessary to maintain concurrency. Objective 1.6: Coastal High Hazard Area. By December 2014, shall review amcnd its Land Development Code to evaluate limiting limit the size and density of developments in the coastal high-hazard area,as defined by the Coastal Management Element. Adopted on Date: 04/02/2012 Ordinance No. 2012 0 02 37 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PI AN CAPITAL IMPROVEMENTS ELEMENT Policy 1.6.1: Constructing Public Facilities and the Coastal High Hazard Area. The City will not construct public facilities east of U.S. 1 unless no other feasible sites are available outside the coastal high-hazard area. Where it becomes necessary to construct public facilities in the coastal high-hazard area, the design of the facilities will incorporate flood proofing and additional structural support in order to ensure minimum damage from storms and hurricanes. Policy 1.6.2: Limiting Public Expenditures and the Coastal High Hazard Area. The City will limit public expenditures that subsidize development in coastal high-hazard areas except for the restoration and enhancement of natural resources. Objective 1.7: Adoption of Local Government and External Agency Plans. Adopt all applicable outside local government and external agency plans necessary to maintain and provide for LOS. Policy 1.7.1: Meeting School Capacity and Student Demands. The City hereby adopts by reference the Volusia County School District's Facilities 5-Year Work Program to meet anticipated school capacity and student demands projected by the County and municipalities based on the adopted LOS standards for public schools. Policy 1.7.2: Meeting Demand of State Transportation Facilities.The City hereby adopts by reference the Florida Department of Transportation's 5- Year Work Program to meet anticipated demand through improvement of State transportation facilities within the jurisdiction. Policy 1.7.3: Meeting Water Supply Demand and Needs. The City hereby adopts by reference the St. Johns River Water Management District's (SJRWMD) Water Supply Plan 2005 to meet anticipated water supply and demand needs within the jurisdiction. GOAL 2: Provide for a financially feasible public school facilities program. Objective 2.1: Level of Service Standards. Shall ensure that the capacity of schools is sufficient to support residential subdivisions and site plans at the adopted LOS standard. This LOS standard shall be consistent with the LOS standard adopted in the interlocal agreement entered into by the School Board and the local governments within Volusia County. Policy 2.1.1: Applying LOS Standards. The LOS standard adopted by the City shall be applied consistently by all local governments within Volusia County and by the School Board district-wide to all schools of the same type. Adoptcd on Datc: 01/02/2012 Ordinance No. 2012 0 02 38 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN _ _ CAPITAL IMPROVEMENTS ELEMENT Policy 2.1.2: Florida Inventory of School House LOS Standards. Consistent with the interlocal agreement, the uniform, district-wide LOS standards are set as follows using FISH (Florida Inventory of School House) capacity based on the traditional school calendar • Elementary Schools: 115% of permanent FISH capacity for the concurrency service area; • K- 8 Schools: 115% of permanent FISH capacity for the concurrency service area; • Middle Schools: 115% of permanent FISH capacity for the concurrency service area; • High Schools: 120% of permanent FISH capacity for the concurrency service area;and • Special Purpose Schools: 100% of permanent FISH capacity. Policy 2.1.3 LOS for Specific Schools in Volusia County. Thc following schools shall achieve the adopted LOS on or before the identified date. Thc LOS presented in the following table is the tiered LOS that shall apply to that school unit the date noted in the table. Scheel LOS DATE Orange City Elementary 117% July 1,2012 Horizon Elementary 158% July 1,2012 126% July 1,2012 Osceola Elemcntary 117% July 1,2012 Ortona Elementary 150% July 1,2012 Ormond Beach Elementary 116% July 1,2012 Southwestern Middle 120% July 1. 2013 Ncw Smyrna Beach Middle 122°/ July 1,2011 (Note: This policy designates a tiered LOS for those schools that exceed the desired levels at the end of the Five year Capital Improvements Program.) Adopted on Date: 01/02/2012 Ordinance No. 2012 0 02 39 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEM ENT Objective 2.2: School Capital Facilities Planning. Shall cooperate with the School Board to ensure existing deficiencies and future needs are addressed consistent with adopted LOS standards for public schools. Policy 2.2.1: Reviewing the School Board's Annual Work Program.The City shall review the School Board's annual work program to verify that it is financially feasible and will maintain the LOS standards by the end of the five-year period. Policy 2.2.2: Future Development Proportionate Costs and Public Schools. The City shall coordinate with the School Board and adopt development conditions to ensure that future development pays a proportionate share of the costs of capital facility capacity needed to accommodate new development and to assist in maintaining the adopted LOS standards via impact fees and other legally available and appropriate methods. GOAL 3: Establish a redevelopment plan and research the possibility of creating a Community Redevelopment Area in the City. Objective 3.1: Redevelopment Plan and Community Redevelopment Area. Amend the Capital Improvements Element to include in the annual budget process funds to develop a redevelopment plan or conduct a feasibility study on creating a Community Redevelopment Area (CRA). Policy 3.1.1: Feasibility of Implementing a Redevelopment Plan. The City shall review the feasibility of implementing a Redevelopment Plan through funds established in the Capital Improvements Program. The Plan shall include at minimum, the establishment of architectural standards, community appearance standards, or both, for residential and non- residential properties within the redevelopment areas; and recommendations for the potential revision or amendment of provisions of the City's Land Development Code. Policy 3.1.2: Feasibility of Implementing a Community Redevelopment Area. The City shall review feasibility of implementing a CRA through funds established in the Capital Improvements Program. The CRA Plan shall include at minimum, recommendations for the creation of districts or zones within the boundaries of the City's CRA, the establishment of architectural standards, community appearance standards, or both, for residential and non-residential properties within the CRA; and recommendations for the potential revision or amendment of provisions of the City's Land Development Code. Adopted on Date: 04/02/2012 Ordinance No. 2012 0 02 40 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Policy 3.1.3: Creating a Redevelopment Advisory Board. The City shall create an advisory board to provide guidance on projects and plans established in the Redevelopment Plan or CRA Plan upon adoption of the plans established in Policies 3.1.1 and 3.1.2 of this Element. Policy 3.1.4: Seeking Innovative Financial Strategies. The City shall seek innovative financial strategies such as Tax Increment Financing (TIF) to fund redevelopment projects within the City. Policy 3.1.5: Establishing Incentives to Developers oflnfill and Redevelopment Projects. The City shall establish incentives, such as density bonuses, expedited permitting, reduction in impact fees, reducing or eliminating parking requirements, providing tax incentives, or creating an area-wide stormwater facility to minimize onsite detention and retention infrastructure, to developers of infill and redevelopment projects within the proposed areas established in Policies 3.1.1 and 3.1.2 of this Element. CAPITAL IMPROVEMENTS PROGRAM IMPLEMENTATION CAPITAL IMPROVEMENTS SCHEDULE (5-YEAR) As shown in Table 11, the Five (5) Year Schedule of Improvements is the mechanism by which the City can effectively stage the timing, location, projected cost and revenue sources for the capital improvements derived from all the CP elements, in support of the Future Land Use Element. This 5- Year Schedule of Improvements has been used to document the "economic feasibility" of the City's CP, based upon the preceding sections of this Element entitled "Capital Improvements Inventory", "Financial Analysis", and"Goals, Objectives, and Policies". LONG TERM TRANSPORTATION IMPROVEMENTS Table 12 describes transportation improvements that the City anticipates may be necessary within a ten (10) year time frame. Adoptcd on Datc: 04/02/2012 Ordinance No. 2012 0 02 41 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN _ CAPITAL IMPROVEMENTS ELEMENT Table 11: City of Edgewater Five Year Schedule of Improvements Fiscal Years Ending 20162013-2017 Project* Schedule Cost Revenue Source LOS Non- LOS FINANCE DEPARTMENT 2011 YMCA HVAC Upgrade $87,905 Capital Fund R PUBLIC SAFETY: (Firc/Rcscuc) 2011 Station 55 Replacement Carry Forward $807,979 Capital Fund R LEISURE SERVICES: Phase II .. 2013 $290,000 Capital Fund N Dog Park 2044 $50,000 Capital Fund N Mango Lakc Par-lk 2013 4-5403000 Capital Fund N 2013-2017 $364,939 Capital Fund N Hawks Park Improvements 2-044 $120,306 Hawks Park Restroom/Concession 2013 $110,000 Capital Fund R Rotary Park Redesign 2013 $20,000 Capital Fund N Hawks Park Walkway Lighting 2013 $20,000 Capital Fund N Sidewalk Infill 2013 $41,300 Capital Fund N US 1 Median Landscaping 2013 $100,000 Capital Fund N US 1 Median Irrigation 2013 $75,000 Capital Fund N Current Year Unreserved 2013-2017 $500 Capital Fund ENVIRONMENTAL SERVICES: WWTP,building,printing,3urvcy,gcotcch 2013 $67,313 N 2015-2016 SRF& $14,000,000 N 2.5 MGD Wastewater Treatment Plant 2011 2015 Developer 2015 $5,000,000 SRF&Impact N SE Service Area Reclaimed Improvements 2011 Fees 2015-2016 Wells 21-24 and raw water mains 2011 2015 $4,600,000 Developer N Water&Scwcr R Replacement of 2"Water Lines 2013 2015 $150,000 Fund Water Linc Enhancement 2013 $53,420 N Reclaimed Water Storage Project 2013 $100,000 N 2013 $210,893 N Reclaim Water Improvements $100;000 Clariconc Painting 2012 $150,000 N Adopted on Date: 01/02/2012 Ordinance No. 2012 0 02 42 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN IMPROVEMENTS ELEMENT Project* Schedule Cost Revenue Source LOS Non- LOS RTU Upgradca 2013 $30,000 R Sliplining Sewers. 2013 2015 $400,000 R 2013 $175,000 R Lift Station 1 Rehab $150,000 Reclaimed Watcr Linc Extenaiona 2013 $50,000 N Rcu3c Pump Station 2013 $3307000 N Sludge hand,emergency,powcr,lab 2013 $750,000 N $431,600 Contract Administration 2013 $375,725 N 10%projcct contingency bid 2013 $41-8,500 N Baricrec-.. a_d i.ca lvettr,_i 2013 $250,000 N Influent Pump Station 2943 $300,000 N Internal recycle pump atation 2013 $4-757000. N BTU Trainttl & tt2 2943 $500,000 N Chlorine,SO2 and Alum Fccd 2043 $330,000 N Clarificra,RAS&WAS pumping 2013 $435,000 N Third Clarifier Building 2013 $800,009 N Filtcra 2013 $30,000 N CL2 Contract 2014 $2857000 N Educational Component Eastern Shorca 2012 $25,750 N- 2015 $250,000 N Lamont St. and Riverside Dr. CIP Project 2944 2016 $250,000 N East Palm Way&Riverside Dr. CIP Project 2945 2017 E.Turgot Ave.&Riverside Dr. CIP Project 2016 $225,000 N 29th Strcct Pipc Croaaing 2012 $115,665 -- ..: - - ' : - 204-2 $25,000 2013 $30,000 R Polymer Station Replacements (3) $50;008 Roof Replacements at WTP 2013 $25,000 R Lime Slaker Replacements 2014 $300,000 R 2013-2014 $600.500 N Hart Ave.Design& Grant Application 2012 2013 $725,000 Lift Station Pump 2013 $25,000 N 2017 Unspecified Water 2016 $200,000 2017 Unspecified Sewer 2016 $200,000 2017 Unspecified Reclaimed 201-6 $50,000 Sidewalk Rcpaira 2013 $507000 R US 1 Water Linc Improvcmcnta 2012 $4,500 R Adopted on Date: 04/02/2012 Ordinance No. 2012 0 02 43 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEM ENT Project* Schedule Cost Revenue Source LOS Non- LOS Land Acquisition for new Public Worka 2013 $2667562 N Sitc (Rcfu3c) Land Acquisition for new Public Works 2017 $1,958,853 N Site (Sternweittef-} 2013 $50,000 MIEX Pretreatment Improvement at 2017 ARTWTP 204 $3,000,000 N WWTP Renewal and Replacement Project 2013 $6,347,283 WTP Lime Silo Painting 2013 $20,000 WTP Paint Chemical Feed Room 2013 $100,000 G2-03 Pearl St Pipe Crossing 2013 $175,000 R IRL 09 SW Improvements (Updated Master Plan) 2013 $200,000 Future Year Expenditure 2013-2017 $5,335,412 PUBLIC WORKS: 2013-2017 $2,202,694 Road Repaving 2012 2016 $2,150,000 Capital Fund R 2014 Signalize SR 442 @ I-95 SB Ramp 204 $287,546 Developer N 2011 30th Strcct Sidcwalk Carry Forward $573,428 Capital Fund NT Indian River Blvd. Extension (approx. 1 2014 mile) 2013 $4,604,160 Developer N US 1 Sidcwalk Survcy and Dcsign 2012 $1,500,000 N US 1 Sidewalk Construction 2014 $1,100,000 LAP Funds N Filer Avenue Sidewalk Construction 2015 $386,665 LAP Funds LEGEND:R-REPLACEMENT, N-NEW, E-EXPANDED *Projects in Fiscal Years 2012 2016 2013-2017 are currently unfunded. Table 12: Long Term (10 year)Transportation Improvements Williamson Blvd. Extension (four lanes) Indian River Blvd. Extension (four lanes) Signalize S.R. 442 at 1-95 southbound ramps Signalize S.R. 442 at I-95 northbound ramps S.R. 442 at I-95 lane additions Future Transit Corridor (Williamson Blvd. extension) U.S. 1 widening (six lanes between S.R. 442 and Riverside Dr.) Adopted on Date: 01/02/2012 Ordinance No. 2012 0 02 44 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN _ CAPITAL IMPROVEMENTS ELEMENT PROGRAM MONITORING AND EVALUATION The role of monitoring and evaluation is vital to the effectiveness of any planning program and particularly to the CIE. This is largely because the City's revenue and expenditure streams are subject to fluctuations in the market and the economy. It is the behavior of these streams which will be used to predict fiscal trends in order to maintain the City's adopted LOS standards for public facilities. Therefore, the CIE requires a continuous program for monitoring and evaluation,pursuant to Chapter 163, F.S., this Element will be reviewed on an annual basis to ensure that required fiscal resources are available to provide public facilities as necessary to support the adopted LOS standards. The annual review will be the responsibility of the local planning agency, and the City Finance Director and City Manager will serve as advisory members at all formal deliberations related to capital improvement monitoring and evaluation. The local planning agency's finding and recommendations will be presented to the City Council at a public meeting. The City Council will direct staff to take any actions deemed appropriate based on the findings and recommendations of the local planning agency. The review will include the following considerations, plus an examination of these considerations in order to determine their continued appropriateness: • Any corrections, updates, modifications concerning costs; revenue sources; acceptance of facilities pursuant to dedications which are consistent with the element; or the date of construction of any facility enumerated in this Element, • The CIE's consistency with the CP Elements and its support of the FLUE, • The City's ability to provide public facilities and services within the utility service area in order to determine any need for boundary modification or adjustment; • The priority assignment of existing public facility deficiencies; • The City's progress in meeting those needs determined to be existing deficiencies; • The criteria used to evaluate capital improvement projects in order to ensure that projects are being ranked in their appropriate order of priority; • The City's effectiveness in maintaining its adopted LOS standards; • The City's effectiveness in reviewing the impacts of plans and programs of State agencies and water management districts that provide public facilities within the City's jurisdiction; • The effectiveness of impact fees for assessing new development a pro rata share of the improvement costs which they generate; • The impacts of special districts and any regional facility and service provision upon the City's ability to maintain its adopted LOS standards; • The ratio of outstanding indebtedness to the property tax base; Adopted on Datc: 01/02/2012 Ordinance No. 2012 0 02 45 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT • Efforts made to secure grants and/or private funds, whenever available to finance the provision of capital improvements; • The transfer of any unexpected account balances; • The criteria used to evaluate proposed plan amendments and request for new development or redevelopment;and • Capital improvements needed for the latter part of the planning period, for inclusion in the 5-Year Schedule of Improvements. In addition to the annual Capital Improvements Element review mentioned above, each request for a development order will be reviewed by a Technical Review Committee, as designated by the City Manager, and other appropriate personnel for the purpose of establishing whether the various adopted LOS standards will be adversely impacted if development is allowed to proceed. No development order will be issued if it is determined that the public facilities needed to maintain the adopted LOS standards will not be available concurrently with the impact of the development. Further, issuance of development orders will be delayed until the correction of existing system deficiencies which are required to increase the LOS provided to the adopted standard are complete. Adoptcd on Datc: 04/02/2012 Ordinance No. 2012 0 02 46 1° As City of 1LW Inc. CITY OF EDGEWATER COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT SYSTEM SUB-ELEMENT CHAPTER IX CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT CHAPTER IX CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT A. PUBLIC FACILITIES, CAPACITIES AND LEVEL-OF-SERVICE (LOS) INVENTORY FOR CONCURRENCY MANAGEMENT The following inventories shall be maintained by the City to be used for the concurrency assessment of new development. 1. Transportation: • Design capacity of different roadway types. • The existing LOS measured by the p.m. peak hour directional trips. • The status of service degradation of those roads classified as backlogged based on the methodology described in the Transportation Element of this CP. • The adopted LOS standards for all roadway types. • The existing capacities or deficiencies of the roadway network. • The improvements to be made to the roadway network in the current fiscal year by the City, Volusia County, the Florida Department of Transportation, or other public agency and the impact of such improvements on the existing capacities or deficiencies. 2. Sanitary Sewer: • The capacity of the wastewater treatment facilities. • The existing LOS standards measured by the average number of gallons per day/per unit based on the average flow experienced at the treatment plant and the total number of equivalent residential units within the service area. • The adopted LOS standards for average daily flow per equivalent residential unit. • The existing deficiencies of the system. • The reserve capacities. Adopted on Datc: 04/02/2012 OrdinanceNo.2012 0 02 CM-2 CITY OF EDGEWATER CHAPTER IX CQMPREHENSIVE PLAN CAPITAL IMPROVEMENTS LC_ li T CONCURRENCY MANAGEMENT SUB-ELEMENT 3. Potable Water: • The design capacity of potable water treatment facilities. • The existing LOS measured by the average number of gallons per day per unit based on the average flows experienced and the total number of equivalent residential units within the service area. • The existing potable water storage capabilities of the water system. • The adopted LOS standards for the potable water facility components. • The existing capacities or deficiencies of the system. • The reserved capacities. 4. Solid Waste Disposal: • The design capacity of solid waste disposal facilities. • The existing LOS. • The adopted LOS standard for solid waste. • The projected capacities or deficiencies. 5. Stormwater Drainage: • The existing LOS measured by storm event as determined by the City and its Consulting Engineers. • The adopted LOS standard for stormwater drainage quantity and quality. 6. Recreation and Open Space: • The existing acreage of parkland and the existing number of recreation facilities as outlined in the Recreation and Open Space Element of this CP. • The existing LOS measured by the number of acres of parks available per 1,000 residents of the City based on an inventory of parks in the City and the population of the City. Adoptcd on Date: 04/02/2012 OrdinanccNo.2012 0 02 CM-3 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTSELEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT • The existing LOS guidelines for recreation facilities measured by the adopted standard based on an inventory of the facilities in the City and the population of the City. • The adopted LOS standards for park acreage and guidelines for individual recreation facilities as outlined in the Recreation and Open Space Element of this CP. • The projected capacities or deficiencies. 7. Public Schools: • The existing LOS standard for public schools measured by the Volusia County School Board. • The projected student enrollment, capital improvements, and estimated revenues measured by the Volusia County School Board. B. CONCURRENCY ASSESSMENT The Development Services Department is responsible for determining concurrency for all applications for development, redevelopment and subdivision plats. When reviewing applications for such developments, the Department performs a Concurrency Assessment to ensure that public facilities are or will be available concurrent with the impacts of the proposed development. The assessment includes a basis for the establishment of existing conditions and the capacity of existing public facilities to service new development. The Department shall identify: • The ability of existing facilities to accommodate the proposed development at the adopted LOS standards; • Any existing facility deficiencies that will need to be corrected prior to the completion of the proposed development; • The facility(s) improvements or additions that will be needed to accommodate the impacts of the proposed development at the adopted level(s)of service created by the proposed development; • The date such facility(s) improvements or additions will need to be completed to be concurrent with the impacts on such facility(s) created by the proposed development; and • A recommendation or approval or denial with any applicable conditions or the timing and location of needed improvements. Adoptcd on Datc: 04/02/2012 OrdinanccNo.2012 0 02 CM-4 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAP LTALIMPRQVEMENTS ELEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT Prior to the issuance of a development order for a proposed new development, the City Council and/or the Development Services Department determines: • The impacts created by the proposed development; • Whether the public facilities covered under the Concurrency Management System will be available concurrent with the impacts of new development at the adopted LOS; • Those facility(s) improvements or additions that are required to ensure the findings of concurrency;and • The entity responsible for the design and installation of all required facility(s) improvements or additions. 1. Sanitary Sewer, Solid Waste, Stormwater and Potable Water Facilities a) A development order is issued subject to the condition that at the time of the issuance of a Certificate of Occupancy, or its functional equivalent, the necessary facilities and services are in place and available to service the new development;or b) At the time the development order is issued, the necessary facilities are guaranteed in an enforceable development agreement. pursuant to Section 163.3220,F.S.;or c) An agreement or development order,issued pursuant to Chapter 380, F.S., to be in place and available to serve the new development at the time of the issuance of a Certificate of Occupancy. (Section 163.3180 F.S.) d) For potable water, prior to approval of a building permit or its functional equivalent, the City shall determine that there will be adequate water supplies and facilities available no later than the date at which the City anticipates issuing a Certificate of Occupancy to serve the new development. 2. Parks and Recreation Facilities a) At the time the development order is issued, the necessary facilities are in place, or actual construction has commenced;or b) A development order is issued subject to the condition that at the time of the issuance of a Certificate of Occupancy, the acreage for the necessary facilities to serve the new development is dedicated, or acquired by the City, or funds in the amount of the developer's fair share are committed;or c) A development order is issued subject to the conditions that the necessary facilities needed to serve the new development are scheduled to be in place, Adopted on Date: 0'1/02/2012 OrdinanccNo.2012 0 02 CM-5 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT or under actual construction, not more than one (1) year after the issuance of a Certificate of Occupancy, as provided in the City's Capital Improvement Element,or d) At the time the development order is issued, the necessary facilities are the subject of a binding executed agreement which requires the necessary facilities and services to serve the new development to be in place or under actual construction no more than one (1) year after issuance of a Certificate of Occupancy;or e) At the time the development order is issued, the necessary facilities are guaranteed in an enforceable development agreement pursuant to Section 163.3220, F.S. or under actual construction not more than one (1) year after issuance of a Certificate of Occupancy. 3. Transportation Facilities a) At the time a development order is issued, the necessary facilities and services are in place or under construction;or b) A development order is issued subject to the conditions that the necessary facilities and services needed to serve the new development are scheduled to be in place or under actual construction not more than three (3) years after the issuance of a Certificate of Occupancy or its functional equivalent, as provided in the adopted City's Five Year Schedule of Capital Improvements. The Schedule of Capital Improvements may include transportation projects included in the first three (3) years of the most current adopted Florida Department of Transportation Five Year Work Program. The Capital Improvement Element must include the following policies: i. The estimated date of actual project construction commencement and the estimated completion date; ii. A provision that a plan amendment is required to eliminate, defer or delay construction of any local road facility which is needed to maintain the adopted LOS standard and which is listed in the first three (3) years of the Five Year Schedule of Improvements in the Capital Improvements Element. c) At the time a development order is issued, the necessary facilities are the subject of a binding executed agreement which requires the necessary facilities to serve the new development to be in place or under actual construction no more than three (3) years after the issuance of a Certificate of Occupancy;or Adoptcd on Datc: 04/02/2012 OrdinanccNo.2012 0 02 CM-6 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN _ CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT d) At the time a development order is issued, the necessary facilities and services are guaranteed in an enforceable development agreement pursuant to Section 163.3220, F.S.; or an agreement or development order is issued pursuant to Chapter 380, F.S.; and will be in place or under actual construction not more than three (3) years after issuance of a Certificate of Occupancy. The adopted LOS standards (see Table CM-I) are the minimum acceptable standards with which all proposed new development shall comply. The Concurrency Management portion of this Element does not preclude the Planning and Zoning Board or the City Council from imposing other conditions of approval, including improvements and additions to the facilities covered under this system beyond the minimum necessary to achieve concurrency. 4. School Facilities For school facilities, the following standards will satisfy the concurrency requirement: a) For district-wide concurrency service areas: 1. At the time the residential development order or permit is issued, the necessary facilities and services are in place or under construction; or 2. A residential development order or permit is issued subject to the conditions that the necessary facilities and services needed to serve the new development are scheduled to be in place or under construction not more than 3 years after permit issuance as provided in the adopted public school facilities program. b) For less than district-wide concurrency service areas: If public school concurrency is applied on less than a district-wide basis in the form of concurrency service areas, a residential development order or permit shall be issued only if the needed capacity for the particular service area is available in one or more contiguous service areas and school capacity is available district- wide as defined in Section 163.3180 F.S. C. GENERAL RULES FOR CONCURRENCY ASSESSMENT 1. Existing Deficiencies No development may be approved which will impact a facility which is currently deficient unless the facility is required to be improved in the current fiscal year pursuant to a previous development order or permit. Any needed improvements shall be completed prior to the projected impacts of the proposed development. Adoptcd on Date: 01/02/2012 OrdinanccNo.2012 0 02 CM-7 CITY OF EDGEWATER CHAPTER IX CQMPREHENSIVEPI_AN CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT 2. Approved Impacts The impacts of new development shall be assessed against the existing conditions and the projected impacts from approved but un-built development. These two items together shall be considered the existing conditions for all public facilities for the impact assessment of all proposed development. 3. Phasing Development that is proposed to be phased may also phase the improvement of facilities provided the concurrency requirements for each facility are met. 4. Time Specific Approval All development approvals shall have a time period specified in the development order or permit in which development must commence. The time period may involve two or more phases but the timing of each phase shall be specified in the development order or permit. Any required improvements shall also require a time period for construction and completion. Should development or facilities improvements fail to begin or be completed in accordance with the development order or permit, all outstanding approvals of the development shall expire. Amendments to time schedules shall be permitted but must be approved by the body granting the original approval. 5. Additional Information The Development Services Department may require additional information from applicant or other City Departments in order for an accurate assessment to be conducted. Such additional information requests shall be reasonable and be provided in writing to the applicant or appropriate Department. Should the Development Services Department require a special study (such as traffic counts on a road that is not regularly monitored), the applicant shall provide such information. Review and approval of proposed development may be postponed for a reasonable time period in order that more information may be gathered on a facility. Proposed development may be denied approval, for failure of the applicant to provide adequate information on the projected impacts created by the development. 6. Transportation The City's Land Development Code provides development thresholds at which traffic studies will be required. Required studies shall use the most recent Institute of Traffic Engineers (ITE) Manual to calculate the number of trips generated by the proposed development. The Adopted on Date: 04/02/2012 OrdinanccNo.2012 0 02 CM-8 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN _CAPITAL IMPROVEME ISELEMENT_ CONCURRENCY MANAGEMENT SUB-ELEMENT study shall then show the distribution of the projected trips, determine existing condition and project the LOS of impacted roads. Prior to the issuance of a Certificate of Occupancy, all facility improvements necessary to accommodate the impacts of that portion of the development receiving a Certificate of Occupancy shall be in place. Completed improvements may be required prior to the issuance of a building permit if deemed necessary for public safety purposes. 7. Sanitary Sewer The City's Land Development Code provides sanitary sewer use standards for residential and non-residential development based on equivalent residential units. The City may require commercial and industrial developments to provide a description and estimate of water use needs for any commercial or industrial processes which create wastewater that will be discharged into the City's system. Prior to the issuance of a Certificate of Occupancy, all facility improvements necessary to accommodate the impacts of that portion of the development receiving a Certificate of Occupancy shall be in place,as required by the Development Order. 8. Potable Water The City's Land Development Code provides potable water use standards for residential and non-residential development based on equivalent residential units. The City may require commercial and industrial developments to provide a description and estimate of water use needs for any commercial or industrial processes involving potable water. Prior to the issuance of a Certificate of Occupancy, all facility improvements necessary to accommodate the impacts of that portion of the development receiving a Certificate of Occupancy shall be in place,as required by the Development Order. Prior to approval of a building permit or its functional equivalent, the City shall determine that there will be adequate water supplies and facilities available no later than the date at which the City anticipates issuing a certificate of occupancy to serve the new development. All development is subject to the City's Concurrency Management System. 9. Solid Waste The City's Land Development Code provides solid waste standards for control and operation for residential, commercial and industrial developments. Developments which are potential hazardous waste generators will be responsible for coordinating with Volusia County for disposal of such waste. Adoptcd on Date: 04/02/2012 OrdinanccNo.2012 0 02 CM-9 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN IMPROVEMENTSI.EMENT_ CONCURRENCY MANAGEMENT SUB-ELEMENT Prior to the issuance of a Certificate of Occupancy, all facility improvements necessary to accommodate the impacts of that portion of the development receiving a Certificate of Occupancy shall be in place. 10. Stormwater Drainage All developments shall prepare a drainage plan based on the Stormwater regulations which incorporate the LOS design storm. Such plans shall be approved by the City's Engineer prior to the approval of the development. Prior to the issuance of a building permit, all facility improvements necessary to accommodate the impacts of that portion of the development receiving the building permit shall be approved and all improvements shall be completed prior to the issuance of a Certificate of Occupancy. 11. Recreation The City's Land Development Code requires recreation impact fees for residential construction and/or land conveyance for new subdivisions. Commercial and industrial developments shall not be assessed as having an impact on recreational facilities. However, the City reserves the right to require the provision of recreational facilities as part of Planned Unit Developments. Adoptcd on Datc: 01/02/2012 OrdinanccNo.2012 0 02 CM-10 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT D. GOALS, OBJECTIVES,AND POLICIES GOAL 1: The City shall undertake necessary action to economically and efficiently provide needed public facilities and services to all residents within its jurisdiction in a manner which protects investments in existing facilities, maximizes the use of existing facilities and promotes orderly compact urban growth. Objective 1.1: Capital Improvements Provision. Will be provided to correct existing deficiencies, to accommodate anticipated future growth and to replace outdated and obsolete facilities, as indicated in the Schedule of Improvements of this Element. Policy 1.1.1: Criteria for Capital Improvement Projects. The City shall include all projects identified in the other Elements of this CP determined to be of relatively large scale in cost ($25,000 or greater) as Capital Improvement Projects and are included within the Schedule of Improvements portion of this Element. Policy 1.1.2: Debt Service and Operating Expenditures. The City shall, for accounting purposes, also include into this Element Debt Service and Operating expenditures. Policy 1.1.3: Prioritizing, Scheduling, and Funding Capital Improvements. The City shall, as a matter of priority, schedule and fund all capital improvement projects in the City's annual Capital Improvement Program which are designed to correct existing deficiencies as listed in the various other Elements of this CP. Policy 1.1.4: Renewal and Replacement of Capital Facilities. The City will continue its current program of providing for renewal and replacement of capital facilities as outlined in the various Elements of this CP. Policy 1.1.5: Capital Improvements Coordinating Committee. A Capital Improvements Coordinating Committee shall be created composed of the Technical Review Committee members as designated by the City Manager to evaluate and rank, on an annual basis,in order of priority, the projects proposed to be included in the Schedule of Improvements. Policy 1.1.6: Evaluation and ranking of Capital Improvement Projects. Proposed City Capital Improvement Projects shall be evaluated and ranked in order of priority according to the following criteria: • Whether the project is needed to protect the public health and safety, to fulfill the City's legal commitment to provide facilities Adoptcd on Datc: 04/02/2012 OrdinanceNo.2012 0 02 CM-11 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT and services, or to preserve or achieve full use of those facilities already in place; • Whether the project increases efficiency of use of existing facilities, prevents or reduces future improvement costs, provides services to develop areas lacking full service or promotes in-fill development; • Whether the project represents a logical extension of facilities and services within the designated Utility Service Area Boundary, and is coordinated with the plans of County and/or State agencies that provide facilities within the City; • Whether the p p 1 roject implements the policies of this CP as they pertain to the concurrency requirements; and • Whether the project is financially feasible. Objective 1.2: Proportionate Cost of Future Development. Ensure future development will bear a proportionate cost of facility improvements necessitated by the development in order to maintain the adopted LOS standards. Policy 1.2.1: Collecting Impact Fees. The City will continue to collect impact fees from development projects to pay for the provision of transportation, water, sewer and recreation facilities required by those projects. Policy 1.2.2: Considering Other Impact Fees. The City shall continue the use of other impact fees, such as for public safety services. Policy 1.2.3: New Development and Donating Fair Share of Rights-of-ways. All new development shall be required to donate or reserve their fair share of right-of-way adjacent to major roadways prior to the issuance of a final development order. Objective 1.3: Managing Financial Resources. Will manage its financial resources to ensure the provision of needed capital improvements for previously issued development orders and for future development and redevelopment. This objective shall be achieved through the implementation of the following policies: Policy 1.3.1: Maximum Ratio of Outstanding Indebtedness. In providing capital improvements, the City shall limit the maximum ratio of outstanding indebtedness to no greater than .75% of the property tax base. Adopted on Datc: 04/02/2012 OrdinanccNo.2012 0 02 CM-12 CITY OF EDGEWATER CHAPTER IX COM PREHENSI_VE_PLAN__ CAPITAL IMPROVEMENISELEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT Policy 1.3.2: Annually Adopting the Capital Improvement Program. The City shall continue to adopt a Capital Improvement Program and an operating budget on a yearly basis as part of this budgeting process. Policy 1.3.3: Financing the Provision of Capital Improvements. The City shall continue to apply for and secure grants or private funds whenever available to finance the provision of capital improvements and other City improvement projects. Policy 1.3.4: Issuance of Certificates of Occupancy. The City will provide for all public facilities needed to service development for which Development Orders were previously issued prior to the issuance of Certificates of Occupancy. Policy 1.3.5: Allocating the Costs of New Public Facilities. The City shall allocate the costs of new public facilities on the basis of the benefits received by the existing and future residents. GOAL 2: Maintain a Concurrency Management System to ensure public facilities and services to support development are available concurrent with the impact of development. Objective 2.1: Concurrency Management System. Will continue to utilize a Concurrency Management System so that decisions regarding the issuance of development orders and permits will be based upon coordination of the development requirements included in this CP, the Land Development Regulations, and the availability of necessary facilities to support such development. Policy 2.1.1: LOS Standards and Reviewing the Impacts of Developments. The City shall use the LOS standards (found in Table CM-I) in reviewing the impacts of new development and/or redevelopment upon public facilities and services. Adopted on Datc: 01/02/2012 OrdinanccNo.2012 0 02 CM-13 CITY OF EDGEWATER CHAPTER IX COMPREHENSWEPLAN CAPITAL IMPROVEMEN CLEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT Table CM-I: Level of Service Standards Facility Standard Sanitary Sewer 204 gallons/ERU/day Solid Waste 2.51bs/capita/day Potable Water 204 gallons/ERU/day Water quality: Meet State and Federal Drinking Water Standards Stormwater 25 year/24 hr storm Traffic Circulation Limited Access Roads B, or as otherwise prescribed by FDOT Arterial D Collectors D Guideline for Recreational LOS/Person Facilities Parkland 5 acres/1,000 persons Baseball/Softball 1 Field/4,000 persons Basketball Court 1 court/5,000 persons Tennis Court 1 court/3,500 persons Handball/Racquetball Court 1 court/4,000 persons Community Center 1 facility/30,000 persons Multi-Purpose/Soccer 1 field/4,000 persons Shuffle Board Court 1 court/1,500 persons Bocci Ball Court 1 court/10,000 persons Volley Ball Court 1 court/5,000 persons Boat Ramps 1 ramp/4,700 persons Bike/Pedestrian Trail 1 mile/4,000 persons Fitness Trails 1 mile/14,000 persons Activities Center 1/15,000 persons Gymnasium N/A Public Schools Elementary Schools 115% of permanent FISH capacity for the concurrency service area. K- 8 Schools 115% of permanent FISH capacity for the concurrency service area. Middle Schools 115% of permanent FISH capacity for the concurrency service area High Schools 120% of permanent FISH capacity for the concurrency service area Special Purpose Schools 100% of permanent FISH capacity. Adoptcd on Date: 01/02/2012 OrdinanccNo.2012 0 02 CM-14 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT ERU-Equivalent Residential Units FISH—Florida Inventory of School House Policy 2.1.2: Ensuring Adequate Water Supplies and Facilities and Concurrency. Prior to approval of a building permit or its functional equivalent, the City shall determine that there will be adequate water supplies and facilities available no later than the date at which the City anticipates issuing a certificate of occupancy to serve the new development. All development is subject to the City's Concurrency Management system. Policy 2.1.3: Tracking Water Demands and Outstanding Commitments. The City shall track current water demand and outstanding commitments in order to determine the availability of an adequate water supply for proposed developments. Policy 2.1.4: Concurrency Requirements. Provisions in the CP that ensure public facilities and service standards will be met to satisfy the Concurrency requirements are listed below: • The necessary facilities and services are in place at the time a development permit is issued; or • A development permit is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur;or • The necessary facilities are under construction at the time a permit is issued;or • The necessary facilities and services are guaranteed in an enforceable development agreement. The agreement must guarantee that the necessary facilities and services will be in place when the impacts of the development occur; or • At the time the development permit is issued, the necessary facilities and services are the subject of a binding executed contract which provides for the commencement of the actual construction of the required facilities or the provision of services within one (1) year of the issuance of the applicable development permit. Adopted on Date: 04/02/2012 OrdinanccNo.2012 0 02 CM-15 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT • The necessary facilities and services are guaranteed in an enforceable development agreement which required the commencement of the actual construction of the facilities or the provision of services within one (1) year of the issuance of the applicable development permit. Policy 2.1.5: Evaluation Guidelines for New Development or Redevelopment. Proposed CP amendments and requests for new development or redevelopment shall be evaluated according to the following guidelines as to whether the proposed action would: • be consistent with the Utilities Element and the Coastal Management Element and not contribute to a condition of public hazard. • be consistent with the Transportation Element, Utilities Element and Recreation and Open Space Element and not intensify any existing public facility capacity deficits not envisioned within this CP. • generate public facility demands that may be accomplished by planned capacity increases. • conform to future land uses as shown on the FLUM of the FLUE. • accommodate public facility demands based upon LOS standards by provision of facilities by the developer or by the City consistent with this Element. • be consistent with the County, State and Regional agencies and water management district's facilities plans. Adoptcd on Date: 01/02/2012 OrdinanceNo.2012 0 02 CM-16 • • ■ CITY OF F1 ) GFWATER, FL 0111.„:„„,, ,, ,,,,ai, .- , .. ...,..... . , .. ,.-9,._ .. ''.4 '..„,,i , ":1-' t - .8'' vittiii --: 1 { syI' � .c: City of ... I-CI) Inc. 1951 ERI _..... 4,4„...,,,„„m CAPITAL IMPROVEMENT PROGRAM FY 2012-2013 TO 2016-2017 17Y2011 2012 TO 2015- 2016 . : The Capital Improvement Program as set forth in this document is a long range planning tool for the City of Edgewater. The document reflects five years of capital outlay with the first year officially adopted as part of the fiscal year -2012 2012-2013 budget by the City Council.The remaining years in the CIP serve as a planning guide,which is reviewed annually. The Capital Improvement Program (CIP)provides a planned and programmed approach to utilizing the City's financial resources in the most responsive and efficient manner to meet its service and facility needs. The CIP serves as a"blueprint"for the future of the community. Development of the CIP requires integration of financial,engineering and planning functions. The CIP also incorporates needs identified in the Capital Improvements Element(CIE).The CIE focuses on anticipated infrastructure requirements for six facility types: Parks&Recreation, Solid Waste, Stormwater,Transportation,Water and Wastewater. The CIE focuses on service level standards and the land use plan adopted by the City Council in order to preclude deficiencies in adopted level of services. The CIP is developed to achieve the following results: * Consolidating and coordinating all department requests with the goal of reducing unnecessary delays and coordinating individual departments'improvement programs. * Establishing a system of procedures and priorities by which each proposal can be evaluated in terms of public need,the comprehensive planning of the area and the interrelationships of projects and cost requirements. * Scheduling capital projects over an extended period so the most efficient financial plan for the CIP can be achieved. Table 1 City of Edgewater Capital Improvement Schedule Fiscal Years Ending 2013-2017 Project* _ Fiscal Year 2010-2044 2011 2012 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 Total Garry ward FINANCE DEPARTMENT: — c TIT AC'r a $87,905 $87,905 $87,905 _ _ $877 FIRE DEPARTMENT: Station 55 Replacement $807,979 $807,979 Fire-Dept.Totals $807,979 _ $807,979 ENVIRONMENTAL SERVICES: W\X'IP building printing, c,urvcy,geotech $67,393 $67,3'13 WA TIT Renewal and Replacement Project $6,347.283_ _ 56.347.283 WIT'Lime Silo Painting — S20.000 520.000 WI•P Paint Chemical Feed Room _ _ 5100,000 _ _ 5100.000 2.5 MGD Wastewater $6,500,090 Treatment Plant _ _ $7,500;000 $7.500.000 56.500.000 $14,000,000 SE Service Area Reclaimed Improvements $3000;000 55.000.000 $5,000,000 Wells 21-24 and raw water mains _ $2,3007000 $2,300,000 S2.300.000 $4,600,000 29'"_eet- ipe C easing _ $115,665 _ _ $115,665 Stormwater Master Plan 25;000 $25,000 Replacement of 2"\X'ater Lines $50;000 $50,000 $50;000 $1-50;000 Water Line Enhancement $53,420 $5-3;=1-20 Project - $1007000 $100;000 Reclaim Water 54-0000 Improvements 5210.893 5210.893 Glib.__ n,:._.:._g $450;888 _ $158000 R.T4,, umtftdes $30,000 $$30;000 Sliplining Scwcra _ $4803000 $4.00000 X100;800 _ $300;000 $137,934 $4-50;000 Lift Station 1 Rehab $12,066 5175.000 $175.000 n I' _ $25;080 _ J $26;000 Table 1 City of Edgewater Capital Improvement Schedule Fiscal Years Ending 2013-2017 Project* Fiscal Year 2010-2044 2041.2012 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 Total Reclaimed Water Line E terrsiens $50,000 _ $5000 Reuse-Rump-Station $330,000 $330,000 Sludge hand,emergency power,lab $750,000 X0;000 Contract Administration $375,725 $375,725 $431.600 5431.600 . . . - - - - $44-8;500 $44-87-500 Barscrccn and hcadworks $250,080 $240,000 $3807800 $3087080 ei4 $1-73;000 BTU Train't 1&t,`2 $4007000 $500,080 Chlorine,S02 and Alum Feed $340,000 $3387000 Clarifiers,RAS&WAS wing S435,000 $435,000 ". . 5 .... - $800;098 58007000 Filters $34D;000 $38;000 CL2 Contract $285,000 $2857000 Polymer Station $550808 $ 090 Replacements(3) 530.000 530.000 Roof Replacements at WTP $25,000 $25,000 Lime Slaker Replacements > $300,000 $300,000 $' Eastern Shorca m750 7'Tr50 Unspecified Water $200,800 5200.000 $200,000 Unspecified Sewer $290,080 5200.000 $200,000 Unspecified Reclaimed $30,000 550.000 $50,000 Sidewalk Repairs $504080 $50;000 Public Work3 Site(Refuac) $266,562 $266,562 Land Acquisition for new Public Works Site 550 (Stormwatcr) $50;800 51.958.853 51.958.853 MIEX Pretreatment Improvement at ARTWIP $3,0007000 53.000.000 $3,000,000 Hart Ave.Design and Grant $6007000 $725;000 Application $ 23000 5400.500 $200.009 5600.500 Lamont Street&Riverside Drive CIP Project $258;900 5250 000 $250,000 East Palm Way&Riverside Drive CIP Project $ 0;008 5250.000 $250,000 East Turgot Avenue& Riverside Drive CIP Project $225,000 S225.000 $225,000 G2-03 Pearl St Pipe Crossing S175.000 _ _ 5175.000 IRL 09 SW Improvements (Updated Master Plan 5200,000 _ S200.000 Future Year Expenditure Jgures Are Cumulative) S958,853 51.208.853 $1.458853 51.708.853 55.335.412 Table 1 City of Edgewater Capital Improvement Schedule Fiscal Years Ending 2013-2017 Project* Fiscal Year 2010 2011 2011 2012 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 Total Environmental Services $4533451 $63-734484 13,300,000 $93200,000 $336753000 $35,562,965 Totals 9,074,129 $1,708,853 $16,508,853 $10,758,853 $5,633,853 $43684541 LEISURE SERVICES: Kennedy Park Renovation Phaac II $290,000 $290,000 $58;000 $50,000 Mango Lake Park $500,008 $560;080 $120,306 Hawks Park Improvements $120,306 574.939 574.000 573.000 S72.000 871.000 5364.939 Hawks Park Restroom/Concession S110.000 5110.000 Rotary Park Redesign 520.000 520.000 Hawks Park Walkway Lighting S20.000 520.000 Sidewalk Infill $41300 $41.300 US 1 Median Landscaping S100.000 8100.000 US 1 Median Irrigation S75.000 575.000 Current Year Unreserved 5100 5100 $100 _QQ 5100 Parks and Recreation $8403000 960,306 Totals $120,,306 $441,339 $74,100 $73,100 $72.100 $71,100 $731,739 PUBLIC WORKS: $500;000 Road Repaving $4-50;000 5202,694 5500.000 $500,000 5500.000 5500.000 $2202.694 Signalize SR442(a)I-95 $287,546 $287,546 $287,546 30th Street Sidcwilk $573,428 $573,128 US 1 Sidewalk Survey R Design X007880 $4754(400 Indian River Blvd.Extension (approx. 1 mile) $1,601,160 54.604.160 $4,604,160 US 1 Sidewalk Construction S1.100.000 51.100.000 Flagler Avenue Sidewalk Construction $386,665 S386.665 $53-3413706 $50990 $85-3413-706 Public Works Totals $ 3425 $1;650,000 $202,694 $6,491,706 $886,665 $500,000 $500,000 $8,581,065 Tea,.l-r'vcarG.af Ferwrafd-FY 20 $1 /_9 1 y"nAv»3rc 2 $1239663190 $160003000 $937043000 �00 $�-7 $2,223,787 59,718,162 $8,274,659 $17,468.618 $11,330,953 $6,204,953_ $52,997,345 *Projects in Fiscal Years 2013 2016 2014-2017 are currently unfunded. _ „_ CAPITAL IMPROVEMENT PROGRAM TOTAL FUNDING SOURCES FY40-44 FY11 12 FY12-13 FY13.14 FY14.15 FY 15-16 FY 16-17 FIVE YEARS Garry Forward General Fund Transfer from Gereral Fund $160,000 $438,994 $500 000 $500,000 $500,000 $500,000 $2,438,994 560,000 $2,088,994 FR-DAP-Grant 67$0;000 $700;009 TransferfremGrant-Fund D. $573,428 $1,600,900 $4,600,000 Transfer from Grant Fund-C $87-906 $120,306 $74,939 $74,000 $73,000 $72,000 $71,000 $364.939 $420,306 Transfer from Recreation Fund $130,000 $130,000 Developer $4,88-1-786 $4,99-4,-706 Local-Gp1iewGas-Taxes $600;000 $600000 $62;879 $82;'970 TransferfremDebt-Service $72$7800 $726-000 Unfunded/Future Year Reve,ue $5,991,706 $386,665 $6,378,371 Interest $100 $100 $100 $100 $100 $500 General Fund Totals $644,033 $6,565,806 $959,765 $572,100 $571,100 $9,312,804 $1,770,306 $6;234406 $600;000 $6007000 $6007000 $9;602;042 Water and Sewer Fund Transfer from Operating Revenues $350,000 $300,000 $450,000 $450,000 $450.000 $2,000.000 $4627066 $713,697 $46041100 6150;800 $1,026,763 Transfer from Water Development Fees $75,000 $75,000 Transfer from Sewer Development Fees $75,000 $75,000 Debt Proceeds $6,347,283 $6,347,283 $5,104,226 56,104,228 Prior Year Carry Forward $492,493 $14,350,000 $8,350,000 $3,000,000 $26,192,493 Unfunded $$144007000 $87000,000 $07900000 $261600000 Water and Sewer Fund Totals $7,339,776 $300,000 $14,800,000 $8,800,000 $3,450,000 $34,689,776 $4621066 16017,922 $16;250;000 $48,560;000 $3;4607000 933 +29;988 Stormwater Fund $6007000 $280000 5226;000 $1,616,416 Transfer from Operating Revenues 6201-416 $595,500 $200,000 $250,000 $250,000 $225,000 $1,520,500 Prior Year Carry Forward $180,000 $180,000 Stormwater Fund Totals $775,500 $200,000 $250,000 $250.000 $225,000 $1,700,500 $291446 $600000 $260;000 $226;090 $1;646,446 Public Works Complex Fund 6266,662 S266,602 Transfer Refuse $202,927 $200 000 $200,000 $200,000 $200.000 $1,002,927 $60:800 Transfer Stormwater $50,000 $50,000 $50,000 $50,000 $50,000 $250.000 Prior Year Carry Forward $705,926 $958,853 $1,208,853 $1 458,853 $1,708,853 $6,041,338 $346;662 $316;662 Public Works Complex Funds Totals $958,853 $1,208,853 $1,458,853 $1,708,853 $1,958,853 $7,294,265 Total Carry-Forward-p 404 $1464312 Total Revenues from All Sources $9,718,162 $8,274,659 $17,468,618 $11.339,9$3 $6,204,953 $52,997,345 $2,22-3,7437 $127066490 $46;000;000 $9;780;000 $4476;000 $46,864,977 SUMMARY OF CAPITAL IMPROVEMENTS Facility Type FY 10 11 FY 11 12 FY 12-13 FY 13-14 FY14-15 FY15-16 FY16.17 Total CaFFy Forward Finance Department $879 5 $977906 Fire Department $807797-9 $-80747-9 Environmental Services $9,074,129 $1,708,853 $16,508.853 $10,758,853 $5,633,853 $43,684,541 $463431 $6434;484 $15500400 $97209;000 $3,67-5,000 $357662-965 Leisure Services $441,339 $74,100 $73,100 $72,100 $71,100 $731,739 $120;306 $840;000 $860306 Public Works $202,694 $6,491,706 $886,665 $500,000 $500,000 $8,581,065 $573428 $4450,000 $6491-706 $5007009 $500,000 $600;000 $84417746 Total-Garry Forward FY 2011 $1469,312 $1469,31-2 Total Capital Improvements Funded $9,718,162 $9,718,162 $2;22-3487 $2,2237787 Total Capital Improvements Unfunded $8,274,659 $17,468,618 $11,330,953 $6,204,953 $43,279,183 $12;966490 $16-,000,000 $9-700;000 $4;17-L000 $42;844490 Total Capital Improvements $9,718,162 $8,274,659 $17,468,618 $11,330,953 $6,204,953 $52,997,345 $2,223,787 $1-2;966490 $46,000,009 $9,7007000 $4476,-000 $46064,877 • SUMMARY OF COMMITTED AND PLANNED FUNDS Fund FY 11 12 FY 12-13 FY 13-14 FY14-15 FY15.16 FY16-17 Total General Fund $644,033 $6,565,806 $959,765 $572,100 $571,100 $9,312,804 $1,169,312 $1,770,306 $6723406 $600;009 $500;000 $500;900 $0,211,466 Water and Sewer Fund $7,339,776 $300,000 $14,800,000 $8,800,000 $3,450,000 $34,689,776 $162;066 $6-817:922 $1-5;250;000 $8;060T000 63459;009 $32;629,888 Stormwater Fund $775,500 $200,000 $250,000 $250,000 $225,000 $1 700,500 $291,115 $6007000 $250,000 $259,000 $225090 $1,616,415 Public WorKs Complex Fund $958,853 $1,208,853 $1,458,853 $1,708,853 $1,958.853 $7.294,265 $31-67662 $3467662 Total-GaFFy-Forward-FY-2041 $1;469412 $4,469,34-2 Total 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O) m 0 0 0 LL 0 0 LL N cA to O I 11 (n @ V <t 'V • 'a ? • 2 AGENDA REQUEST Date: March 21,2013 PUBLIC HEARING April 1,2013 RESOLUTION X ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: Resolution No.2013-R-07 Resolution supporting the planning area boundary adjustment and membership reapportionment plan to expand the metropolitan planning area boundary and to reapportion the voting membership of the Volusia Transportation Planning Organization(VTPO) APPLICANT/AGENT: City of Edgewater REQUESTED ACTION: Approve the resolution supporting the planning area boundary adjustment and membership reapportionment plan to expand the metropolitan planning area boundary and to reapportion the voting membership of the VTPO. BACKGROUND: Federal law requires that every urbanized area with a population of 50,000 or more must be represented by a metropolitan planning organization (MPO) which shall be responsible for carrying out a comprehensive, coordinated and continuing planning process resulting in plans and priorities for the expenditure of federal transportation funds. The VTPO is the officially recognized MPO for the metropolitan planning area previously designated as the Daytona Beach—Port Orange Urbanized Area and the Deltona Urbanized Area. When the Bureau of the Census designates a new urbanized area that is not within an existing MPO planning area boundary, the planning area boundary must be adjusted to encompass the new urban area, and the voting membership must be reapportioned to maintain fair and equitable representation of the affected population. The Federal Register Volume 77,Number 59 (Tuesday, March 27, 2012) identified a new urbanized area contiguous to the Daytona Beach — Port Orange Urbanized Area, but extending beyond the VTPO's existing planning area boundary. The new Urbanized Area is designated as the Palm Coast —Daytona Beach — Port Orange Urbanized Area(see attached map). On November 2, 2012, the Florida Department of Transportation officially notified the VTPO that it was required to adjust its planning area boundary outward to encompass the expanded urban area. STAFF RECOMMENDATION: Staff recommends approving Resolution 2013-R-07, the resolution supporting the planning area boundary adjustment and membership reapportionment plan to expand the metropolitan planning area boundary and to reapportion the voting membership of the VTPO. ACTION REQUESTED: Motion to approve Resolution 2013-R-07. FINANCIAL IMPACT:(Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM# Resp- fully submitted/ Concurrence: A # Da •n Lear Robin L. Matusick Development Services Director Paralegal i Tracey T :arlow City ager faliPPalm Coast- Daytona Beach111111111W" X St Johns `; \ Port Orange Urbanized Area alliPWIP" E County \ lino I ,... `"J \ Deltona Urbanized Area "-` -I ! '` `\. % Other Urbanized Areas ` .,Putnam County O �. i _ illik5s� �-Hagler \ - , ,i , County _� 1 t 3 I I, ' 1 p'a 1 i WI 1rion i wM' mO ,�... ci County` � .,` L3 iv, I i •, n Molusia _4 1- ! COUnty , 1 Lake �., 1Sa N dl• \ County g 415 }�}.r" \ ." r-) ilit 111111 i ' sa grzi. ' 'fr° . , '' 4t1s\:\ \ \ 1 _ Seminole \; '1 " 2--------.County L ..Brevard L___ - -i s i County ". Orange '` t .. - '�.. , County ��- , '� . -.— .. .rF f 1D '1 -! RESOLUTION#2013-R-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, SUPPORTING THE PLANNING AREA BOUNDARY ADJUSTMENT AND MEMBERSHIP REAPPORTIONMENT PLAN TO EXPAND THE METROPOLITAN PLANNING AREA BOUNDARY AND TO REAPPORTION THE VOTING MEMBERSHIP OF THE VOLUSIA TRANSPORTATION PLANNING ORGANIZATION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION UPON APPROVAL TO THE VOLUSIA TRANSPORTATION PLANNING ORGANIZATION; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater is responsible for community planning that supports growth and development activities within the City and for pursuing the development of a transportation system that meets these needs; and WHEREAS, the United States Census Bureau has designated the Palm Coast - Daytona Beach - Port Orange Urbanized Area which encompasses the City of Edgewater; and WHEREAS, federal transportation regulations require the establishment of a Metropolitan Planning Organization (MPO) to conduct coordinated transportation planning activities for Urbanized Areas and to establish a Metropolitan Planning Area (MPA) that defines the geographical planning area boundary; and WHEREAS, the Volusia Transportation Planning Organization (TPO) is the duly designated and constituted body responsible for carrying out the urban transportation planning and programming process for the currently established Metropolitan Planning Area (MPA) which includes the Daytona Beach- Port Orange Urbanized Area; and 2013-R-07 1 WHEREAS, the U.S. Census Bureau has redefined the Daytona Beach - Port Orange Urbanized Area as having a contiguous population that has been expanded beyond the current Metropolitan Planning Area (MPA) to include portions of the cities of Palm Coast and Bunnell and portions of Flagler County and renamed it the Palm Coast - Daytona Beach - Port Orange Urbanized Area; and WHEREAS, Federal Regulations Title 23, Part 450 and Florida Statutes 339.175 require that the Volusia TPO expand its planning area boundary to include the updated Census Urbanized Area and reapportion its membership in accordance with the results of the United States Census; and WHEREAS,the Volusia TPO, through the efforts of a Reapportionment Subcommittee, has met to discuss and develop recommendations to the Volusia TPO Board that address the changes in the TPO planning area boundary and membership to accommodate the expanded urbanized area; and WHEREAS, the City of Edgewater has worked with the Volusia TPO, the cities of Palm Coast and Bunnell and the County of Flagler and with the Florida Department of Transportation in the development of a reapportionment plan that addresses the requirements identified in state and federal laws pertaining to the planning area boundary and membership; and WHEREAS, the Volusia TPO Board has, as a result of these deliberations, recommended a reapportionment plan (as identified in "Attachment A" to this Resolution) which includes a planning area boundary and membership encompassing all or portions of the City of Edgewater; 2013-R-07 2 NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida as follows: Section 1. The City of Edgewater formally supports the recommended "Planning Area Boundary Adjustment and Membership Reapportionment Plan" which outlines the expanded metropolitan planning area boundary and membership; and the Section 2. The City Council directs the City Clerk to transmit a copy of this Resolution of support for the items outlined in the plan (as identified in "Attachment A" to this resolution) and to forward this Resolution to the Volusia TPO for submission to the Secretary of the Florida Department of Transportation(FDOT); and the Section 3. The City Council directs staff and the City's TPO representative to continue working with the Reapportionment Subcommittee, Bylaws Subcommittee and other interested members of the Volusia TPO as required to accomplish the additional activities needed for the full integration of new members. Section 4. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any Court, such portion or application shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions or applications hereof. Section 5. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 6. This resolution shall take effect immediately upon its adoption. 2013-R-07 3 Section 7. After a motion to approve by with second by , the vote on this resolution was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Michael Ignasiak Councilman Gene Emter PASSED, APPROVED AND ADOPTED this 1st day of April, 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 1st day of legality by: Aaron Wolfe, Esquire April, 2013 under Agenda Item No. 8 . City Attorney 2013-R-07 4 "ATTACHMENT A" 2013-R-07 5 ) VOLLISIFI irpo rA TRANSPORTATION PLANNING ORGANIZATION Y VISION-PLRN-IMPLEMENT PLANNING AREA BOUNDARY ADJUSTMENT and MEMBERSHIP REAPPORTIONMENT PLAN A plan to expand the Volusia Transportation Planning Organization's planning area boundary and to reapportion the voting membership for the purpose of ensuring fair and equitable representation of the affected population and complying with applicable federal and state requirements. Volusia Transportation Planning Organization 2570 W. International Speedway Blvd.,Suite 100 Daytona Beach, FL 32114 (386)226-0422 www.volusiatpo.org 28 29 Contents INTRODUCTION 1 MINIMUM REQUIREMENTS AND APPROVAL PROCESS 1 Planning Area Boundary 1 Membership 2 CURRENT PLANNING AREA BOUNDARY AND VOTING MEMBERSHIP 3 History 3 Planning Area Boundary 3 Membership 5 PROPOSED PLANNING AREA BOUNDARY AND VOTING MEMBERSHIP 6 Proposed Planning Area Boundary 6 Proposed Membership 9 DECISION-MAKING PROCESS SUMMARY 10 ADDENDUM 12 List of Figures and Tables Figure 1-2010 Census Urban Areas 2 Figure 2-Current Volusia TPO Planning Area 4 Figure 3-Proposed Volusia TPO Planning Area 7 Figure 4-Proposed VTPO Planning Area (Flagler County Detail) 8 Table 1-Current Voting Membership 6 Table 2-Current and Proposed Planning Area Characteristics 9 Table 3-Proposed Voting Membership Reapportionment 10 30 31 PLANNING AREA BOUNDARY ADJUSTMENT and MEMBERSHIP REAPPORTIONMENT PLAN INTRODUCTION Federal law requires that every urbanized area with a population of 50,000 or more must be represented by a metropolitan planning On November 2,2012, organization (MPO) which shall be responsible for carrying out a the Florida Department comprehensive, coordinated and continuing planning process resulting in of Transportation plans and priorities for the expenditure of federal transportation funds. officially notified the The Volusia Transportation Planning Organization (VTPO) is the officially VTPO that it was recognized MPO for the metropolitan planning area previously required to adjust its designated as the Daytona Beach — Port Orange Urbanized Area and the planning area boundary Deltona Urbanized Area. outward to encompass the Palm Coast— When the Bureau of the Census designates a new urbanized area that is Daytona Beach—Port not within an existing MPO planning area boundary, the planning area Orange Urbanized Area. boundary must be adjusted to encompass the new urban area, and the voting membership must be reapportioned to maintain fair and equitable representation of the affected population. The Federal Register Volume 77, Number 59 (Tuesday, March 27, 2012) identified a new urbanized area contiguous to the Daytona Beach — Port Orange Urbanized Area, but extending beyond the VTPO's existing planning area boundary. The new Urbanized Area is designated as the Palm Coast— Daytona Beach —Port Orange Urbanized Area. Figure 1 provides a graphic illustration of this urbanized area, as well as the Deltona Urbanized Area, which is also included in the current Volusia TPO Planning Area. On November 2, 2012,the Florida Department of Transportation officially notified the VTPO that it was required to adjust its planning area boundary outward to encompass the expanded urban area. This report documents the activities undertaken to accomplish reapportionment of the Volusia TPO and proposes changes for review and endorsement by the Governor. MINIMUM REQUIREMENTS AND APPROVAL PROCESS Title 23 U.S.C. s.134 and Chapter 339.175, Florida Statutes prescribe the minimum requirements for delineating the planning area boundary and for apportioning the voting membership of an MPO, as well as the procedure for the development and approval of such boundary and membership. Planning Area Boundary The jurisdictional boundaries of an MPO are determined by agreement between the Governor and the applicable MPO. They must encompass at least the existing urbanized area and the contiguous area expected to become urbanized within a 20-year forecast period, and may encompass the entire metropolitan statistical area or the consolidated metropolitan statistical area. 32 Figure 1-2010 Census Urban Areas J \ St.Johns \ \\ Palm Coast--Daytona BAreh-- ,'i.I Port Orange Urbanized Area ' County \ €�'; r �\ --' \ Deltona Urbanized Area F \ Other Urbanized Areas P Putnammm�I ti County t r Ng ink \ Flagler \\ o- *,. , County L, 5 - ' 1 ve 0, I- - - - - - - - - I i \ Vet N Ci ; -- �. a v �'' m .gym v Marion %OP County �® \.\ ► i, n . �, V -�j • �,i 1�rolusfa v�,,1;. v it-- County '- y \ I - ;I I. - ly7 A \ Lake '.011r I4 h..-,t. - \v County \. \. ®9�/ m s ■ - ' '14,11%* lrifilliiP.° . 41 _s 1 %.11114 , „.if• ( it, , ‘ , ,, \. I A Allr Seminole �� County - t may .;. '� ,- 1. _ s ountyr l aikop, SPA Orange :� �� rt !..M..1.4� r � County, • • ,f t. ilk � ,./:'''k Membership The voting membership of an MPO shall consist of not fewer than 5 or more than 19 apportioned members, the exact number to be determined on an equitable geographic-population ratio basis 33 by the Governor, based on an agreement among the affected units of general-purpose local government as required by federal rules and regulations. The Governor, in accordance with 23 U.S.C. s. 134, may also provide for MPO members who represent municipalities to alternate with representatives from other municipalities within the metropolitan planning area boundary that do not have members on the MPO. County commission members shall compose not less than one- third of the MPO membership, except for an MPO with more than 15 members located in a county with a five-member county commission or an MPO with 19 members located in a county with no more than six county commissioners, in which case county commission members may compose less than one-third percent of the MPO membership, but all county commissioners must be members. All voting members shall be elected officials of general-purpose local governments, except that an MPO may include, as part of its apportioned voting members, a member of a statutorily authorized planning board, an official of an agency that operates or administers a major mode of transportation, or an official of Space Florida. As used in this section, the term "elected officials of a general-purpose local government" shall exclude constitutional officers, including sheriffs, tax collectors, supervisors of elections, property appraisers, clerks of the court, and similar types of officials. County commissioners shall compose not less than 20 percent of the MPO membership if an official of an agency that operates or administers a major mode of transportation has been appointed to an MPO. In metropolitan areas in which authorities or other agencies have been or may be created by law to perform transportation functions and are performing transportation functions that are not under the jurisdiction of a general-purpose local government represented on the MPO, they shall be provided voting membership on the MPO. In all other MPO's where transportation authorities or agencies are to be represented by elected officials from general-purpose local governments, the MPO shall establish a process by which the collective interests of such authorities or other agencies are expressed and conveyed. CURRENT PLANNING AREA BOUNDARY AND VOTING MEMBERSHIP History The Volusia Transportation Planning Organization was formed and organized on January 18, 1977 as the Daytona Beach Urbanized Area MPO. Originally, it included only the Daytona Beach (coastal) area of Volusia County. In 1988, the planning area boundary was expanded to include all of Volusia County recognizing that the Deltona/DeLand/DeBary area would be designated an urbanized area with the release of the 1990 Census data. In 2004, the VTPO again found it necessary to expand the planning area boundary, this time to include Flagler Beach and Beverly Beach in Flagler County which had been designated as part of the Daytona Beach — Port Orange Urbanized Area. Planning Area Boundary The VTPO planning area boundary currently encompasses approximately 1,437 square miles including all of Volusia County and its 16 cities: Daytona Beach, Daytona Beach Shores, DeBary, DeLand, Deltona, Edgewater, Holly Hill, Lake Helen, New Smyrna Beach, Oak Hill, Orange City, 34 Ormond Beach, Pierson, Ponce Inlet, Port Orange, and South Daytona, as well as Beverly Beach Flagler Beach in Flagler County. (See Figure 2, page 4.) III Figure 2-Current Volusia TPO Planning Area The Atlantic Ocean forms the eastern border of the VTPO's planning area. Brevard County abuts to the south and is fully included within the Space Coast TPO. Seminole County and Lake County abut to the west. Seminole County is fully included in the MetroPlan Orlando MPO. Lake County is 35 fully included in the Lake-Sumter MPO. Flagler County and Putnam County abut to the north. As noted above, a small part of Flagler County(Beverly Beach and Flagler Beach) is currently included in the VTPO planning area boundary. The remainder of Flagler County and all of Putnam County are not part of a MPO. Flagler County includes the Palm Coast area which was determined by the 2010 Census to be an urbanized area contiguous to the Daytona Beach — Port Orange Urbanized Area. This expanded urbanized area is officially recognized as the Palm Coast — Daytona Beach — Port Orange Urbanized Area. Membership The members of the TPO Board consist of elected representatives from all 19 jurisdictions. The Board itself consists of 19 voting members,capped by state law,with the following distribution: • Volusia County—six seats and therefore six votes • Each of the 10 major cities (defined as population >than 10,000) has one seat and one vote. The major cities consist of Daytona Beach (the identified Central City), Deltona, DeLand, Ormond Beach, Holly Hill, South Daytona, Port Orange, New Smyrna Beach, Edgewater, and DeBary. • The smaller cities are divided into three voting blocks, each with one vote: (1) Flagler Beach and Beverly Beach; (2) Ponce Inlet, Oak Hill and Daytona Beach Shores; (3) Pierson, Lake Helen and Orange City. Non-voting members on the VTPO Board include the FDOT District 5 Secretary (or his/her designee)(advisory only), a representative from the Volusia County School Board,the Chairman of the Technical Coordinating Committee, the Chairman of the Citizens' Advisory Committee, and the Chairman of the Bicycle/Pedestrian Advisory Committee. The area transit agency is Votran. Votran is an arm of the Volusia County Government, as is the Daytona Beach International Airport. Both entities are represented by the six county seats on the board. Table 1 on page 6 shows the current voting membership, the weight given to each vote, and the 2010 population represented by each vote. 36 Table 1-Current Voting Membership `'2010 Population County Representation 6 33.33% Volusia County 6 5.56% 116,715' Municipal Representation 13 66.67% Larger City Total 10 _ 61.64% Deltona 1 14.84% 85,182 Daytona Beach 1 10.63% 61,005 Port Orange 1 9.77% 56,048 Ormond Beach 1 6.64% 38,137 DeLand 1 4.71% 27,031 New Smyrna Beach 1 3.91% 22,464 Edgewater 1 3.62% 20,750 DeBary 1 3.37% 19,320 South Daytona 1 2.13% 12,252 Holly Hill 1 2.03% 11,659 Small Cities Group 1 1 2.61% 14,959 Orange City Shared - 10,599 Lake Helen Shared - 2,624 Pierson Shared - 1,736 Small Cities Group 2 1 1.58% 9,071 Ponce Inlet Shared - 3,032 Daytona Beach Shores Shared - 4,247 Oak Hill Shared - 1,792 Small Cities Group 3 1 0.84% 4,822 Flagler Beach Shared - 4,484 Beverly Beach Shared - 338 TOTAL 19 100.00% 499,415 1 Volusia County unincorporated area population PROPOSED PLANNING AREA BOUNDARY AND VOTING MEMBERSHIP Proposed Planning Area Boundary Figure 4 on page 7 shows the proposed planning area boundary in relation to the Census- designated urbanized areas and current municipal boundaries. This proposed planning area boundary adds to the current planning area all areas of Flagler County that are within the Palm Coast — Daytona Beach — Port Orange Urbanized Area, as well as the contiguous areas that are expected to become urbanized within the 20-year forecast period. Both the Deltona Urbanized Area and the Palm Coast — Daytona Beach — Port Orange Urbanized Area are fully contained by the proposed planning area boundary. 37 •. '� St.Johns r�N.,yrri and \r wog County z---'+ \ Proposed Volusia TPO Planning Area API ' I - - --- -- i 1 1 I �// 2010 Census Urbanized Area A. 1 I ,\ i° \, uma I each 4111111 \ Coitnty' Ft 11111, \ks,,\ County �\oppliv I Bunnell �t a \\ \ \ ,\ m ■ `,. cii m ch Shore4 Marion\ \ County\ `i \ AIA m Inlet \\ CIZ CS h ch \`\ �++Y/ \ in LN res \Lake .1 C m A \ 114 t . 4 I Fop; j y:l4ti -- a * �� 7 r-�.— 141161.e r' mill= Apr, .l l I Se (note County Brevard Orange- .l ."I� ' County I County ,,,ir ( , % la ,riffah P .10, I, i liNisire(kr A mai Figure 3-Proposed Volusia TPO Planning Area 38 St. Johns rr �� Mann=land County `y �-� _ MI Proposed Volusia TPO Planning Area r.� j `1rK�� 2010 Census Urbanized Area \■ Q \\ each \� Flagler \�\ County of ach nnell r-' -- AlVolusia County `j- O Figure 4-Proposed VTPO Planning Area(Flagler County Detail) 39 Table 2-Current and Proposed Planning Area Characteristics urrent Proposed Plannr= • _rea Planni Population(2010) 499,• 582,189 Land Area (square miles) 1,104.06 1,186.30 Roadway Miles Interstate Highways 73.6 92.3 Non-Interstate State Highways 311.9 354.9 Federal Aid Eligible Roadways 839.9 977.1 National Highway System 106.1 124.7 Surface Transportation Program 733.8 852.4 Proposed Membership The proposed voting membership will include the maximum permitted 19 seats. Volusia County membership will decrease from six seats to five and a Flagler County seat will be added. These six county seats will represent 33.33% of the total vote. Volusia County's five seats and Flagler County's one seat will be weighted in proportion to each county's share of the total unincorporated area population within the planning area. Volusia County's five seats will be weighted equally at 6.36%and Flagler County's seat will be weighted at 1.51%. Of the remaining 13 seats, one will be held by each of the 12 cities with the greatest population, and one will be held collectively by the eight remaining smallest cities. These eight smallest cities will comprise the Small Cities Alliance, and they will determine among themselves how the seat will be represented.The 13 seats represent 66.67%of the total vote. Each seat will be weighted in proportion to the city's or Small Cities Alliance's share of the total incorporated area population within the planning area. All voting members shall be elected officials. There are no authorities or other agencies performing transportation functions within the proposed planning area boundary that are not under the jurisdiction of a general-purpose local government represented in this proposed voting membership. In addition to these voting members,the following are included as non-voting members: • the FDOT District 5 Secretary or his/her designee (advisory only), • a representative from the Volusia County School Board, • the Chairman of the Technical Coordinating Committee, • the Chairman of the Citizens'Advisory Committee,and • the Chairman of the Bicycle/Pedestrian Advisory Committee. As evidenced by the attached resolutions of support, the cities and counties affected by the proposed planning area boundary expansion [or the general-purpose local governments representing more than 75% of the affected population] agree that this proposed voting membership apportionment does reflect an "equitable geographic-population ratio" as required by law. 40 Table 3-Proposed Voting Membership Reapportionment ° 201i Population County Representation 6 33.33% Volusia County 1 6.36% Volusia County 1 6.36% 116,655 1 Volusia County 1 6.36% Volusia County 1 6.36% Volusia County 1 6.36% Flagler County 1 1.51% 5,551 1 Municipal Representation 13 66.67% 459,983 Larger City Total 12 63.72% 439,629 Deltona 1 12.35% 85,182 Palm Coast 1 10.90% 75,182 Daytona Beach 1 8.84% 61,005 Port Orange 1 8.12% 56,048 Ormond Beach 1 5.53% 38,137 DeLand 1 3.92% 27,031 New Smyrna Beach 1 3.26% 22,464 Edgewater 1 3.01% 20,750 DeBary 1 2.80% 19,320 South Daytona 1 1.78% 12,252 Holly Hill 1 1.69% 11,659 Orange City 1 1.54% 10,599 Small Cities Alliance 1 2.95% 20,354 Flagler Beach Shared - 4,484 Daytona Beach Shores Shared - 4,247 Ponce Inlet Shared - 3,032 Lake Helen Shared - 2,624 Bunnell Shared - 2,101 Oak Hill Shared - 1,792 Pierson Shared - 1,736 Beverly Beach Shared - 338 TOTAL 19 100.00% 582,189 1 Unincorporated area population DECISION-MAKING PROCESS SUMMARY The development of the proposed reapportionment plan began in earnest at the annual VTPO Board retreat held on January 20, 2012. Current board members and elected and appointed officials from newly urbanized areas in Flagler County reviewed the requirements and other considerations relating to the anticipated planning area boundary expansion and membership reapportionment.They even carried out an exercise designed to encourage discussion of alternative reapportionment scenarios. Formal discussions regarding expansion of the planning area boundary and reapportionment of the membership began on April 2, 2012 with the first meeting of the Reapportionment Subcommittee. The subcommittee was comprised of a subset of the VTPO Board. The subcommittee presented a recommendation for a revised boundary to the VTPO Board on May 22, 2012, and the board approved 41 an expanded planning area boundary that included "the urbanized area and the city limits of Palm Coast that are east of US 1." Subsequent meetings and discussions were expanded to include input from Flagler County, Palm Coast and Bunnell. Additional adjustments to the planning area were necessary to resolve issues and to accommodate requests from Flagler County, Palm Coast, Bunnell and Flagler Beach. Additional deliberations occurred in response to preliminary input by the FDOT Office of Policy Planning. This plan was presented in draft form to the VTPO Board on February 26, 2013 and again for approval on March 26, 2013. Subsequent to approval, the VTPO requested resolutions of support as required by s. 339.175, F.S.These are attached to this report. 42 ADDENDUM CHAPTER 339.175, F.S. – state law applicable to the definition of MPO Planning Area and Voting Membership 339.175 Metropolitan planning organization.— (1) PURPOSE.—It is the intent of the Legislature to encourage and promote the safe and efficient management,operation, and development of surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and through urbanized areas of this state while minimizing transportation-related fuel consumption, air pollution, and greenhouse gas emissions through metropolitan transportation planning processes identified in this section. To accomplish these objectives, metropolitan planning organizations, referred to in this section as M.P.O.'s, shall develop, in cooperation with the state and public transit operators, transportation plans and programs for metropolitan areas. The plans and programs for each metropolitan area must provide for the development and integrated management and operation of transportation systems and facilities, including pedestrian walkways and bicycle transportation facilities that will function as an intermodal transportation system for the metropolitan area, based upon the prevailing principles provided in s. 334.046(1). The process for developing such plans and programs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive, to the degree appropriate, based on the complexity of the transportation problems to be addressed. To ensure that the process is integrated with the statewide planning process, M.P.O.'s shall develop plans and programs that identify transportation facilities that should function as an integrated metropolitan transportation system, giving emphasis to facilities that serve important national, state, and regional transportation functions. For the purposes of this section, those facilities include the facilities on the Strategic Intermodal System designated under s. 339.63 and facilities for which projects have been identified pursuant to s. 339.2819(4). (2) DESIGNATION.— (a)1. An M.P.O. shall be designated for each urbanized area of the state; however, this does not require that an individual M.P.O. be designated for each such area. Such designation shall be accomplished by agreement between the Governor and units of general-purpose local government representing at least 75 percent of the population of the urbanized area; however, the unit of general- purpose local government that represents the central city or cities within the M.P.O. jurisdiction, as defined by the United States Bureau of the Census, must be a party to such agreement. 2. To the extent possible, only one M.P.O. shall be designated for each urbanized area or group of contiguous urbanized areas. More than one M.P.O. may be designated within an existing urbanized area only if the Governor and the existing M.P.O. determine that the size and complexity of the existing urbanized area makes the designation of more than one M.P.O.for the area appropriate. (b) Each M.P.O. designated in a manner prescribed by Title 23 of the United States Code shall be created and operated under the provisions of this section pursuant to an interlocal agreement entered into pursuant to s. 163.01. The signatories to the interlocal agreement shall be the department and the governmental entities designated by the Governor for membership on the M.P.O. Each M.P.O. shall be considered separate from the state or the governing body of a local government that is represented on the governing board of the M.P.O. or that is a signatory to the interlocal agreement creating the M.P.O. and shall have such powers and privileges that are provided under s. 163.01. If there is a conflict between this section and s. 163.01,this section prevails. (c) The jurisdictional boundaries of an M.P.O. shall be determined by agreement between the Governor and the applicable M.P.O. The boundaries must include at least the metropolitan planning area,which is the existing urbanized area and the contiguous area expected to become urbanized within 43 a 20-year forecast period, and may encompass the entire metropolitan statistical area or the consolidated metropolitan statistical area. (d) In the case of an urbanized area designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of the metropolitan planning area in existence as of the date of enactment of this paragraph shall be retained, except that the boundaries may be adjusted by agreement of the Governor and affected metropolitan planning organizations in the manner described in this section. If more than one M.P.O. has authority within a metropolitan area or an area that is designated as a nonattainment area, each M.P.O. shall consult with other M.P.O.'s designated for such area and with the state in the coordination of plans and programs required by this section. (e) The governing body of the M.P.O. shall designate, at a minimum, a chair, vice chair, and agency clerk. The chair and vice chair shall be selected from among the member delegates comprising the governing board.The agency clerk shall be charged with the responsibility of preparing meeting minutes and maintaining agency records. The clerk shall be a member of the M.P.O. governing board, an employee of the M.P.O., or other natural person. Each M.P.O. required under this section must be fully operative no later than 6 months following its designation. (3) VOTING MEMBERSHIP.— (a) The voting membership of an M.P.O. shall consist of not fewer than 5 or more than 19 apportioned members,the exact number to be determined on an equitable geographic-population ratio basis by the Governor, based on an agreement among the affected units of general-purpose local government as required by federal rules and regulations. The Governor, in accordance with 23 U.S.C. s. 134, may also provide for M.P.O. members who represent municipalities to alternate with representatives from other municipalities within the metropolitan planning area that do not have members on the M.P.O. County commission members shall compose not less than one-third of the M.P.O. membership, except for an M.P.O. with more than 15 members located in a county with a 5-member county commission or an M.P.O. with 19 members located in a county with no more than 6 county commissioners, in which case county commission members may compose less than one-third percent of the M.P.O. membership, but all county commissioners must be members. All voting members shall be elected officials of general- purpose local governments, except that an M.P.O. may include, as part of its apportioned voting members, a member of a statutorily authorized planning board, an official of an agency that operates or administers a major mode of transportation, or an official of Space Florida. As used in this section, the term "elected officials of a general-purpose local government" shall exclude constitutional officers, including sheriffs, tax collectors, supervisors of elections, property appraisers, clerks of the court, and similar types of officials. County commissioners shall compose not less than 20 percent of the M.P.O. membership if an official of an agency that operates or administers a major mode of transportation has been appointed to an M.P.O. (b) In metropolitan areas in which authorities or other agencies have been or may be created by law to perform transportation functions and are performing transportation functions that are not under the jurisdiction of a general-purpose local government represented on the M.P.O., they shall be provided voting membership on the M.P.O. In all other M.P.O.'s where transportation authorities or agencies are to be represented by elected officials from general-purpose local governments, the M.P.O. shall establish a process by which the collective interests of such authorities or other agencies are expressed and conveyed. (c) Any other provision of this section to the contrary notwithstanding, a chartered county with over 1 million population may elect to reapportion the membership of an M.P.O. whose jurisdiction is wholly within the county.The charter county may exercise the provisions of this paragraph if: 1. The M.P.O. approves the reapportionment plan by a three-fourths vote of its membership; 44 2. The M.P.O. and the charter county determine that the reapportionment plan is needed to fulfill specific goals and policies applicable to that metropolitan planning area; and 3. The charter county determines the reapportionment plan otherwise complies with all federal requirements pertaining to M.P.O. membership. Any charter county that elects to exercise the provisions of this paragraph shall notify the Governor in writing. (d) Any other provision of this section to the contrary notwithstanding, any county chartered under s. 6(e), Art. VIII of the State Constitution may elect to have its county commission serve as the M.P.O., if the M.P.O.jurisdiction is wholly contained within the county. Any charter county that elects to exercise the provisions of this paragraph shall so notify the Governor in writing. Upon receipt of such notification, the Governor must designate the county commission as the M.P.O. The Governor must appoint four additional voting members to the M.P.O., one of whom must be an elected official representing a municipality within the county, one of whom must be an expressway authority member, one of whom must be a person who does not hold elected public office and who resides in the unincorporated portion of the county,and one of whom must be a school board member. (4) APPORTIONMENT.— (a) The Governor shall, with the agreement of the affected units of general-purpose local government as required by federal rules and regulations, apportion the membership on the applicable M.P.O. among the various governmental entities within the area. At the request of a majority of the affected units of general-purpose local government comprising an M.P.O., the Governor and a majority of units of general-purpose local government serving on an M.P.O. shall cooperatively agree upon and prescribe who may serve as an alternate member and a method for appointing alternate members who may vote at any M.P.O. meeting that an alternate member attends in place of a regular member. The method shall be set forth as a part of the interlocal agreement describing the M.P.O.'s membership or in the M.P.O.'s operating procedures and bylaws. The governmental entity so designated shall appoint the appropriate number of members to the M.P.O. from eligible officials. Representatives of the department shall serve as nonvoting advisers to the M.P.O. governing board. Additional nonvoting advisers may be appointed by the M.P.O. as deemed necessary; however, to the maximum extent feasible, each M.P.O. shall seek to appoint nonvoting representatives of various multimodal forms of transportation not otherwise represented by voting members of the M.P.O. An M.P.O. shall appoint nonvoting advisers representing major military installations located within the jurisdictional boundaries of the M.P.O. upon the request of the aforesaid major military installations and subject to the agreement of the M.P.O. All nonvoting advisers may attend and participate fully in governing board meetings but may not vote or be members of the governing board. The Governor shall review the composition of the M.P.O. membership in conjunction with the decennial census as prepared by the United States Department of Commerce, Bureau of the Census, and reapportion it as necessary to comply with subsection (3). (b) Except for members who represent municipalities on the basis of alternating with representatives from other municipalities that do not have members on the M.P.O. as provided in paragraph (3)(a), the members of an M.P.O. shall serve 4-year terms. Members who represent municipalities on the basis of alternating with representatives from other municipalities that do not have members on the M.P.O. as provided in paragraph (3)(a) may serve terms of up to 4 years as further provided in the interlocal agreement described in paragraph (2)(b). The membership of a member who is a public official automatically terminates upon the member's leaving his or her elective or appointive office for any reason, or may be terminated by a majority vote of the total membership of the entity's governing board represented by the member. A vacancy shall be filled by the original appointing entity.A member may be reappointed for one or more additional 4-year terms. (c) If a governmental entity fails to fill an assigned appointment to an M.P.O. within 60 days after notification by the Governor of its duty to appoint, that appointment shall be made by the Governor from the eligible representatives of that governmental entity. 45 AGENDA REQUEST G Date: March 13th, 2013 PUBLIC HEARING RESOLUTIONS ORDINANCE OTHER CONSENT BUSINESS April 1st, 2013 CORRESPONDENCE ITEM DESCRIPTION: Authorization for the City to enter into the fifth amendment of the Interlocal Agreement providing for the establishment of the East Volusia Local Government Fire-Rescue and Emergency Medical Services Auto Aid and Closest Unit Response System. BACKGROUND: The attached document modifies the current Interlocal agreement providing for the establishment of the East Volusia Local Government Fire-Rescue and Emergency Medical Services Automatic Aid and Closest Unit Response System, by adding the cities of Daytona Beach Shores, Daytona Beach, Holly Hill and Ormond Beach. The current agreement expires September 30th, 2014; the proposed modification would extend the expiration date to September 30t1, 2018. The addition of the four east Volusia cities represents a further enhancement to the current closest unit response agreement by further streamlining the dispatching of critical EMS and fire resources to emergencies anywhere in eastern Volusia County. The modification has the potential to increase the level of fire service our residents currently enjoy without placing any additional demands on the department. The Volusia County EMS ordinance also requires a signed closest unit response agreement for any Advanced Life Support department, this agreement satisfies that requirement. STAFF RECOMMENDATION: Staff recommends the City to enter into the fifth amendment of the Agreement ACTION REQUESTED: Motion to authorize the City Manager to execute the fifth amendment of the Interlocal Agreement providing for the establishment of the East Volusia Local Government Fire-Rescue and Emergency Medical Services Auto Aid and Closest Unit Response System. FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A PREVIOUS AGENDA ITEM: YES NO XX DATE: N/A AGENDA ITEM NO. Respectfully submitted, Robin Matusick S_ ,A,..... C a�� to u-vvk Para -gal Stephen Cousins Fire Chief race . Barlow City ■, anger FIFTH AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR THE ESTABLISHMENT OF THE EAST VOLUSIA LOCAL GOVERNMENT FIRE-RESCUE AND EMERGENCY MEDICAL SERVICES AUTOMATIC AID AND CLOSEST UNIT RESPONSE SYSTEM. This Agreement, made and entered into the date hereafter provided pursuant to the authority contained in Chapter 163, Florida Statutes, by and between the City of Edgewater, the City of New Smyrna Beach, the City of Port Orange, the City of South Daytona, City of Daytona Beach, City of Daytona Beach Shores, City of Ormond Beach, City of Holly Hill and the Town of Ponce Inlet (herein"Parties") all being governments in the State of Florida, and constitutes the Fifth Amendment to the Interlocal Agreement Providing for the Establishment of the East Volusia Local Government Fire-Rescue and Emergency Medical Services Automatic Aid and Closest Unit Response System (herein"Interlocal Agreement"). WHEREAS, the Parties entered into the Interlocal Agreement which was recorded in Official Records Book 5261, Pages 3947-3957, Public Records of Volusia County, Florida amended by First Amendment to Interlocal Agreement Providing for the Establishment of the East Volusia Local Government Fire-Rescue and Emergency Medical Services Automatic Aid and Closest Unit Response System recorded in Official Records Book 5403, Pages 1170-1179, Public Records of Volusia County, Florida; and amended by the Second Amendment to Interlocal Agreement Providing for the Establishment of the East Volusia Local Government Fire-Rescue and Emergency Medical Services Automatic Aid and Closest Unit Response System recorded in Official Records Book 5925, Pages 3132-3145, Public Records of Volusia County, East Volusia Fire-Rescue and EMS Automatic Aid and Closest Unit Response Interlocal Agreement—Fifth Amendment 1 Florida; and amended by the Third Amendment to Interlocal Agreement Providing for the Establishment of the East Volusia Local Government Fire-Rescue and Emergency Medical Services Automatic Aid and Closest Unit Response System recorded in Official Records Book 6346, Pages 4071-4084, Public Records of Volusia County, Florida; and amended by the Fourth Amendment to Interlocal Agreement Providing for the Establishment of the East Volusia Local Government Fire-Rescue and Emergency Medical Services Automatic Aid and Closest Unit Response System recorded in Official Records Book 6449, Page 501, Public Records of Volusia County, Florida; and WHEREAS, the Fourth Amendment of the Interlocal Agreement extended for an additional term expiring on September 30, 2014, and WHEREAS, the City of Edgewater, the City of New Smyrna Beach, the City of Port Orange, the City of South Daytona, City of Daytona Beach, City of Daytona Beach Shores, City of Ormond Beach, City of Holly Hill and the Town of Ponce Inlet desire to modify and continue the Interlocal Agreement to provide for an efficient service delivery model for the eastern region; and WHEREAS, the Interlocal Agreement provides for amendments by mutual written agreement of the Parties. NOW THEREFORE, in consideration of the premises, mutual covenants, provisions and representations contained herein, constituting good and valuable consideration, the Parties hereto agree as follows: East Volusia Fire-Rescue and EMS Automatic Aid and Closest Unit Response Interlocal Agreement—Fifth Amendment 2 1. The premises set forth above are true, correct and form a material part of this Fifth Amendment to the Interlocal Agreement. 2. The terms and conditions of the Interlocal Agreement recorded in Official Records Book 5261, Pages 3947-3957, Public Records of Volusia County, Florida, amended by First Amendment to Interlocal Agreement Providing for the Establishment of the East Volusia Local Government Fire-Rescue and Emergency Medical Services Automatic Aid and Closest Unit Response System recorded in Official Records Book 5403, Pages 1170-1179, Public Records of Volusia County, Florida, and amended by the Second Amendment to Interlocal Agreement Providing for the Establishment of the East Volusia Local Government Fire-Rescue and Emergency Medical Services Automatic Aid and Closest Unit Response System recorded in Official Records Book 5925, Pages 3132-3145, Public Records of Volusia County, Florida, and amended by the Third Amendment to Interlocal Agreement Providing for the Establishment of the East Volusia Local Government Fire-Rescue and Emergency Medical Services Automatic Aid and Closest Unit Response System recorded in Official Records Book 6346, Pages 4071- 4084, Public Records of Volusia County, Florida; and amended by the Fourth Amendment to Interlocal Agreement Providing for the Establishment of the East Volusia Local Government Fire-Rescue and Emergency Medical Services Automatic Aid and Closest Unit Response System recorded in Official Records Book 6346, Pages 4071-4084, Public Records of Volusia County, Florida; are hereby restated and incorporated as if fully set forth herein except for: SECTION 14. This Interlocal Agreement as amended is hereby extended for an additional 4-year term expiring on September 30, 2018. East Volusia Fire-Rescue and EMS Automatic Aid and Closest Unit Response Interlocal Agreement—Fifth Amendment 3 3. This Fifth Amendment shall become effective upon each of the respective government's approval and execution of this Fifth Amendment to the Interlocal Agreement. This Fifth Amendment to the Interlocal Agreement shall remain in full force and effect for those governments approving and executing this Fifth Amendment, notwithstanding the failure of any of the herein named governments to approve and execute this Fifth Amendment. This Fifth Amendment to the Interlocal Agreement shall be filed and recorded with the Clerk of Circuit Court of Volusia County, Florida. 4. All other terms and conditions of the Interlocal Agreement as amended shall remain in full force and effect except as modified by this Fifth Amendment. IN WITNESS WHEREOF, the Parties by and through the undersigned have entered into this Fifth Amendment to the Interlocal Agreement in counterparts on the date and year hereafter written for the purpose stated above. East Volusia Fire-Rescue and EMS Automatic Aid and Closest Unit Response Interlocal Agreement—Fifth Amendment 4 CITY OF EDGEWATER By: MICHAEL THOMAS, Mayor Attest: BONNIE WENZEL, City Clerk Date: STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me this day of , 2013, by MICHAEL THOMAS and BONNIE WENZEL, as Mayor and City Clerk, respectively, of the City of Edgewater, on behalf of the city. They are personally known to me or have produced as identification. Notary Public, State of Florida at Large Commission No. East Volusia Fire-Rescue and EMS Automatic Aid and Closest Unit Response Interlocal Agreement—Fifth Amendment 5 CITY OF PORT ORANGE By: ALLEN GREEN, Mayor Attest: GREGORY KISELA, City Manager Date: STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me this day of , 2013, by ALLEN GREEN and GREGORY KISELA, as Mayor and City Manager, respectively, of the City of Port Orange, on behalf of the city. They are personally known to me or have produced as identification. Notary Public, State of Florida at Large Commission No. East Volusia Fire-Rescue and EMS Automatic Aid and Closest Unit Response Interlocal Agreement—Fifth Amendment 6 CITY OF NEW SMYRNA BEACH By: ADAM BARRINGER, Mayor Attest: JOHNNY R. BLEDSOE, City Clerk Date: STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me this day of , 2013, by ADAM BARRINGER and JOHNNY R. BLEDSOE, as Mayor and City Clerk, respectively, of the City of New Smyrna Beach, on behalf of the city. They are personally known to me or have produced as identification. Notary Public, State of Florida at Large Commission No. East Volusia Fire-Rescue and EMS Automatic Aid and Closest Unit Response Interlocal Agreement—Fifth Amendment 7 CITY OF SOUTH DAYTONA By: GEORGE FISK LOCKE, Ill, Mayor Attest: JOSEPH W. YARBROUGH, City Manager Date: STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me this day of , 2013, by GEORGE FISK LOCKE, Ill and JOSEPH W. YARBROUGH, as Mayor and City Manager, respectively, of the City of South Daytona, on behalf of the city. They are personally known to me or have produced as identification. Notary Public, State of Florida at Large Commission No. East Volusia Fire-Rescue and EMS Automatic Aid and Closest Unit Response Interlocal Agreement—Fifth Amendment 8 TOWN OF PONCE INLET By: GARY SMITH, Mayor Attest: JEANEEN CLAUSS, Town Manager Date: STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me this day of , 2013, by GARY SMITH and JEANEEN CLAUSS, as Mayor and Town Manager, as Mayor and Town Manager, respectively, of the Town of Ponce Inlet, on behalf of the town. They are personally known to me or have produced as identification. Notary Public, State of Florida at Large Commission No. East Volusia Fire-Rescue and EMS Automatic Aid and Closest Unit Response Interlocal Agreement—Fifth Amendment 9 CITY OF ORMOND BEACH By: ED KELLEY, Mayor Attest: SCOTT MCKEE, City Clerk Date: STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me this day of , 2013, by ED KELLEY and SCOTT MCKEE, as Mayor and City Clerk, as Mayor and City Clerk, respectively, of the City of Ormond Beach, on behalf of the city. They are personally known to me or have produced as identification. Notary Public, State of Florida at Large Commission No. East Volusia Fire-Rescue and EMS Automatic Aid and Closest Unit Response Interlocal Agreement—Fifth Amendment 10 CITY OF DAYTONA BEACH By: DERRICK L. HENRY, Mayor Attest: JENNIFER THOMAS, City Clerk Date: STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me this day of , 2013, by DERRICK L. HENRY and JENNIFER THOMAS, as Mayor and City Clerk, as Mayor and City Clerk, respectively, of the City of Daytona Beach, on behalf of the city. They are personally known to me or have produced as identification. Notary Public, State of Florida at Large Commission No. East Volusia Fire-Rescue and EMS Automatic Aid and Closest Unit Response Interlocal Agreement—Fifth Amendment 11 CITY OF DAYTONA BEACH SHORES By: HARRY H. JENNINGS, Mayor Attest: CHERI SCHWAB, City Clerk Date: STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me this day of , 2013, by HARRY H. JENNINGS and CHERI SCHWAB, as Mayor and City Clerk, as Mayor and City Clerk, respectively, of the City of Daytona Beach Shores, on behalf of the city. They are personally known to me or have produced as identification. Notary Public, State of Florida at Large Commission No. East Volusia Fire-Rescue and EMS Automatic Aid and Closest Unit Response Interlocal Agreement—Fifth Amendment 12 CITY OF HOLLY HILL By: ROY JOHNSON, Mayor Attest: VALERIE MANNING, City Clerk Date: STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me this day of , 2013, by ROY JOHNSON and VALERIE MANNING, as Mayor and City Clerk, as Mayor and City Clerk, respectively, of the City of Holly Hill, on behalf of the city. They are personally known to me or have produced as identification. Notary Public, State of Florida at Large Commission No. East Volusia Fire-Rescue and EMS Automatic Aid and Closest Unit Response Interlocal Agreement—Fifth Amendment 13