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08-19-2013 Voting Order Mayor Thomas Councilwoman Power Councilwoman Bennington Councilman Ignasiak Councilman Emter AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING AUGUST 19,2013 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. June 3,2013—Special Closed Meeting b. June 3,2013—Regular Meeting 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a. Florida Water Professionals Week—Proclamation 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. Community Development Block Grant FY 2012/2013 allocation amendment; affirmation of the City Manager's execution of the FY 2012/2013 Subrecipient Agreement Amendment and authorization for the necessary budget amendment. b. Approval of vendors for the purchase of chemicals at the Water and Wastewater Treatment Plants. 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 2"d Reading—Ordinance No. 2013-0-07: Amending and Restating Article VI (Sign Regulations) of the Land Development Code. b. 1s`Reading—Ordinance No.2013-0-10: Approval of the FP&L Franchise Agreement for a period of 30 year and authorization for the Mayor to execute said Agreement. c. 1st Reading—Ordinance No. 2013-0-11: Rosemary Walker, applicant,requesting annexation of.32± acres of land located east of Meadow Lake Drive and south of 28`h Street. d. Vt Reading —Ordinance No. 2013-0-12: Rosemary Walker, applicant, requesting an amendment to the Comprehensive Plan Future Land Use Map to include .32± acres of land located east of Meadow Lake Drive and south of 28`h Street as Low Density Residential with Conservation Overlay. City Council Agenda August 19,2013 Page-2- e. V Reading—Ordinance No. 2013-0-13: Rosemary Walker, applicant, requesting an amendment to the Official Zoning Map to include .32±acres of land located east of Meadow Lake Drive and south of 28`'' Street as R-2(Single-Family Residential). f. 1" Reading —Ordinance No. 2013-0-14: Ronald Caldwell, applicant, requesting annexation of 10.50±acres of land located at 195 Godfrey Road. g. 1" Reading — Ordinance No. 2013-0-15: Ronald Caldwell, applicant, requesting an amendment to the Comprehensive Plan Future Land Use Map to include 10.50±acres of land located at 195 Godfrey Road as Low Density Residential. h. 1" Reading — Ordinance No. 2013-0-16: Ronald Caldwell, applicant, requesting an amendment to the Official Zoning Map to include 10.50± acres of land located at 195 Godfrey Road as R-1 (Single Family Residential). i. Resolution No.2013-R-15: Requesting the Volusia County Council to allow the City of Edgewater to assist in full Emergency Medical Services(EMS)transportation. 9. BOARD APPOINTMENTS a. Economic Development Board - Councilman Ignasiak's appointment due to the vacancy left by Robert Lott. (This item was continued from the July 15,2013 meeting) b. Economic Development Board —Councilman Emter's appointment due to the vacancy left by Chris Balmer. c. Construction Board of Adjustments and Appeals - Mayor Thomas' appointment due to the vacancy left by Andrew Hunt. 10. OTHER BUSINESS a. Rosemary Walker, Executive Director of the Southeast Volusia Habitat for Humanity, requesting the City consider donating surplus property located at 3020 Lime Tree Drive for the construction of a single family home and authorization for the Mayor and/or the City Manager to execute all associated documents. b. Authorization for the City Manager to enter into a contract with Brown & Brown, Inc. as the Agent of Record for Fully Insured Insurance needs. c. Award of corrected Public Works Facility and Transfer Station Feasibility Study Contract to Quentin L. Hampton Associates, Inc and authorization for the City Manager to execute said agreement and all related budget amendments. 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 September 9, 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. 1Cl AGENDA REQUEST Date: July 16, 2013 PUBLIC HEARING RESOLUTION ORDINANCE CONSENT August 19, 2013 OTHER BUSINESS CORRESPONDENCE ITEM DESCRIPTION: Community Development Block Grant(CDBG) FY 2012/2013 allocation amendment. BACKGROUND: CDBG funds are federal dollars awarded to counties and cities from the Department of Housing and Urban Development(HUD). The grant funds can only be used in a"Target" area designated by the County,which is based on census data. The original City of Edgewater's 2012/2013 apportionment was $74,939. The County has allocated an additional $12,243 from prior year apportionment. This brings our total allocation to$87,182. This is budgeted for additional ADA Sidewalk improvements within the Target area. STAFF RECOMMENDATION: Approve the FY 2012/2013 Subrecipient Agreement Amendment ACTION REQUESTED: Motion to affirm the City Manager's execution of the FY 2012 / 2013 Subrecipient Agreement Amendment and authorize the necessary budget amendment. FINANCIAL IMPACT: 100% Grant Funded (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. • / Concurrence: �� - �—�J_ Fir ce Director Robin Matusick Paralegal -, /X:".....-". / racey Bar City Man ger. Volusia County FLORIDA June 24, 2013 Mr. Tracey Barlow, City Manager City of Edgewater 104 North Riverside Drive Edgewater, FL 32132 Re: FY 2012/13 Community Development Grant (CDBG) Subrecipient Agreement Amendment Dear Mr. Barlow: This letter will approve the following change to the subject agreement, as requested in correspondence from Ms. Malecia Harris. A revised funds reimbursement is included. 1. Amendment Journal Amendment 1 June 24, 2013 2. Reallocation of Funds Approved Revised Budget Transfer Budget ADA Sidewalk Improvements $ 74,939 $12,243* $ 87,182 Total $ 74,939 $ 87,182 *Funds transferred from FY 2011/12 Public Facility Improvement-Turgot YMCA It is understood that this amendment does not modify any provisions to the above-described contract other than listed above. This amendment will become effective when signed by both parties. Please retain a copy of the executed amendment for your files and return the original. City of Edgewater Volusia County Housing and Grants Administration ,/,;(1W &LULA-- • �.ity Mana er Manager /gIc/3 Date Date 110 West Rich Avenue DeLand,FL 32720-4213 Tel: 386-736-5955 386-254-4648 386-423-3375 Fax: 386-943-7011 V%NVAV.V 0 I LISla.Or SECTION I — FY 2012/13 Request For Monthly Reimbursement and Expense Summary Form SUBRECIPIENT NAME: City of Edgewater TIME FRAME: (Month) ADDRESS: TELEPHONE: CITY: STATE: ZIP: REQUEST# FINAL REQUEST: YES NO FUNDING SOURCE: CDBG CONTACT PERSON: TELEPHONE: REIMBURSEMENT FUNDS REQUESTED FOR THIS PERIOD: $ DESCRIPTION OF ACTIVITY BUDGET EXPENSES EXPENSES AVAILABLE THIS YEAR-TO- BALANCE MONTH DATE ADA Sidewalk Improvements- Flagler Ave and Old County Road: Be responsible for the installation of ADA sidewalks on Old Flagler $87,182.00 Ave from Park to Ocean Ave, and on Old County Rd, south of Ocean Ave to end of roadway. TOTAL $87,182.00 FOR COUNTY USE ONLY AMENDMENT JOURNAL PREPARED BY REVIEWED BY VOLUSIA COUNTY COMMUNITY ASSISTANCE APPROVED BY REQUEST DATE: AGENCY AUTHORIZED SIGNATURE: (This form is for reproduction or copying by Recipient) SECTION II - STATUS REPORT FY 2012/13 1. SUBRECIPIENT NAME: 2. STATUS REPORT FOR THE MONTH OF: 3. ACTIVITY NAME: 4. ESTIMATED PROJECT/ACTVITY COMPLETION DATE: 5. PERCENT OF PROJECT/ACTIVITY COMPLETED TO DATE: 6. DESCRIBE SPECIFIC WORK TASKS AND QUANTIFIED ACCOMPLISHMENTS COMPLETED THIS MONTH. 7. DESCRIBE PROJECT/ACTIVITY SUCCESSES, OR PROBLEMS ENCOUNTERED AND THEIR SOLUTIONS. 8. DISCUSS ANY ANTICIPATED PROBLEMS OR CONCERNS WITH THE PROJECT/ACTIVITY THAT THE COMMUNITY ASSISTANCE DIVISION COULD PROVIDE ASSISTANCE TO RESOLVE. � b AGENDA REQUEST Date: August 8, 2013 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT August 19, 2013 BUSINESS ITEM DESCRIPTION: Approval of Vendors for purchase of chemicals at the Water and Wastewater Treatment Plants. BACKGROUND: The City of Palm Coast prepares and solicits bids for chemicals for several cities in our area including the City of Edgewater. Bids were received on July 24, 2012. Award of the bid is requested for all vendors with the exception of Liquid Aluminum Sulfate for the Wastewater Treatment Plant. General Chemical has had the contract for the past year and lately we have experienced poor product performance. The product has clogged our pumps and lines within the feed system. One load was ordered from Thatcher Chemical of Florida and the performance has improved greatly. The difference in the bid price is $0.0087 per gallon. A 30,000 gallon estimate would increase the total annual price by $261.00. Approval is requested to purchase the chemicals from the following vendors. All bid documents are available on line at http://records.palmcoastgov.com/. Ammonium Sulfate The Dumont Company $2.45/gallon Quicklime Southern Lime $186.50/ton Aluminum Sulfate Thatcher Chemical $0.5190/gallon Carbon Dioxide Airgas Carbonic $194.75/ton Ferric Sulfate Thatcher Chemical $0.895/gallon Sodium Biosulfite Thatcher Chemical $1.541/gallon Sodium Hypochlorite Allied Universal $0.53/gallon STAFF RECOMMENDATION: Approval of the vendors for the purchase of chemicals at the Water and Wastewater Treatment Plants as outlined above. ACTION REQUESTED: A motion to approve the Consent Agenda. FINANCIAL IMPACT: Proposed FY 2014 Budget Amounts 440-4030-533.52-50 Ammonium Sulfate $ 5,600 Quicklime $195,000 Ferric Sulfate $ 11,000 Carbon Dioxide $ 70,000 Sodium Hypochlorite$ 35,000 440-4040-535.52-50 Aluminum Sulfate $ 20,000 Sodium Biosulfite $ 43,800 (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO XX MC- Jo � cKinney, Finance Director PREVIOUS AGENDA ITEM: YES NO If so, DATE: AGENDA ITEM# Respectfully submitted, Concurrence: Brenda L. Dewees Robin L. Matusick Director of Environmental Services Paralegal I ,•410/ rac; T. Barlow Cit; Manager STrG �c JALM OAST : iN(<�RPORATED X999 BID OPENING TABULATION PRELIMINARY PRICE COMPARISON Revised July 29, 2013 Project: Co-Op Annual Supply of Chemicals for Water and Wastewater Bid Number: ITB-PW-U-13-08 Date & Time: July 24, 2013 2:00pm Please Note: The bids are currently being reviewed; a final decision has not yet been made. City of Edgewater AMMONIUM SULFATE -approx. 1,100 gallons Vendor Price The Dumont Company, Inc. $2.45 Thatcher Chemical of Florida $4.36 City of Edgewater HIGH CALCIUM BULK QUICKLIME -approx. 900 - 1,400 tons Vendor Price Unimin Lime Corporation dba Southern Lime $186.50 Carmeuse Lime & Stone, Inc. $193.44 Cheney Lime & Cement Company $260.00 Lahoist North America of Alabama, LLC $285.99 City of Edgewater LIQUID ALUMINUM SULFATE -approx. 30,000 gallons Vendor Price General Chemical Performance Products, LLC 0.5103 Thatcher Chemical of Florida 0.5190 C&S Chemicals, Inc. 0.5720 City of Edgewater LIQUID CARBON DIOXIDE -approx. 250 -400 tons Vendor Price Airgas Carbonic, Inc. $194.75 City of Edgewater LIQUID FERRIC SULFATE -approx. 11,000 gallons Vendor Price Thatcher Chemical of Florida $0.895 Kemira Water Solutions, Inc. $1.020 City of Edgewater LIQUID SODIUM BIOSULFITE -approx. 6,000 gallons Vendor Price Thatcher Chemical of Florida $1.541 Allied Universal Corporation $2.210 City of Edgewater LIQUID SODIUM HYPOCHLORITE -approx. 116,000 gallons Vendor Price Allied Universal Corporation $0.530 Odyssey Manufacturing Company $0.600 Brenntag Mid-South, Inc. $0.727 3'. AGENDA REQUEST C.A. #2013-TA-1301 Date: August 7, 2013 PUBLIC HEARING August 19,2013 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 2°d Reading—Ordinance No. 2013-0-07 Amending and Restating Article VI (Sign Regulations) of the City of Edgewater Land Development Code(LDC). APPLICANT/AGENT: City of Edgewater REQUESTED ACTION: Approve the proposed text amendments to the LDC. Background: The proposed amendments are to Article VI (Sign Regulations) of the LDC for inclusion of enhanced Special Activity/Event signage to aid in the promotion of said events which in turn fosters a stronger economy for the City. Additional proposed amendments include the required maintenance of signs, clarification of works of art utilized as signage, etc. The Planning and Zoning Board recommended approval by a vote of 5-0 on June 10, 2013 with the amendment to revise the proposed change to Section 21-63.04(g) to allow said signs to be installed twenty(20)days prior to a special activity/event in lieu of the proposed ten(10)days. City Council approved first reading of this Ordinance on July 15, 2013, with the amendment to revise the proposed change to Section 21-63.04(g)to allow said signs to be installed twenty-one (21)days prior to a special activity/event in lieu of the proposed twenty(20)days. STAFF RECOMMENDATION: Staff recommends approving Ordinance 2013-0-07; amendments to Article VI (Sign Regulations) of the Land Development Code. ACTION REQUESTED: Motion to approve Ordinance 2013-0-07. FINANCIAL IMPACT:(Finance Director)N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES X NO If so,DATE: July 15, 2013 AGENDA ITEM# 8e Res s-ctfully sub itted, Concurrence: Da, en Lear Robin L. Matusick Development Services Director Paralegal 'rac- ' . Barlow City anager ORDINANCE NO. 2013-0-07 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING AND RESTATING ARTICLE VI (SIGN REGULATIONS) OF CHAPTER 21 (LAND DEVELOPMENT CODE); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE,ADOPTION AND CODIFICATION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. On July 10, 2000, City Council adopted Ordinance #2000-0-12 which enacted Chapter 21 (Land Development Code) of the City of Edgewater Code of Ordinances. 2. On November 7, 2011, Council adopted Ordinance #2011-0-16 which amended and restated Chapter 21 (Land Development Code), Article VI (Sign Regulations). 3. On August 20, 2012, Council adopted Ordinance #2012-0-06 which amended and restated Chapter 21 (Land Development Code), Article VI (Sign Regulations). 4. Adoption of this Ordinance will modify the above-referenced Article of Chapter 21 (Land Development Code). NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING AND RESTATING ARTICLE VI (SIGN REGULATIONS) OF CHAPTER 21 (LAND DEVELOPMENT CODE); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. 1 Strike through passages are deleted. Underlined passages are added. #2013-0-07 Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by amending and restating Article VI (Sign Regulations) as set forth in Exhibit "A" which is attached hereto and incorporated herein. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void by a court of competent jurisdiction, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplished such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. Strike through passages are deleted. Underlined passages are added. #2013-0-07 PART F. ADOPTION. After Motion to approve by Councilwoman Power, with Second by Councilwoman Bennington, the vote on the first reading of this ordinance held on July 15, 2013, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilman Mike Ignasiak EXCUSED Councilman Gene Emter X After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter 3 Strike4hfeugh passages are deleted. Underlined passages are added. #2013-0-07 PASSED AND DULY ADOPTED this 19th day of August, 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 19th day legality by: Aaron R. Wolfe, Esquire of August, 2013 under Agenda Item No. City Attorney 8 . Doran, Sims, Wolfe & Kundid Strike-threugh passages are deleted. Underlined passages are added. #2013-0-07 Exhibit "A" 5 Strike4hreegh passages are deleted. Underlined passages are added. #2013-0-07 ARTICLE VI SIGN REGULATIONS SECTION 21-60 - GENERAL PROVISIONS VI-1 21-60.01 - Purpose VI-1 21-60.02 - General Provisions VI-1 21-60.03 - Permits VI-2 21-60.04 - Prohibited Signs VI-3 21-60.05 - Exemptions VI-3 21-60.06 - Variances VI-4 SECTION 21-61 - ON-SITE SIGNS VI-4 21-61.01 - Construction Signs VI-4 21-61.02 - Development Signs VI-5 21-61.03 - Pole Sign VI-5 21-61.04 - Ground Signs VI-5 21-61.05 - Projecting Signs VI-6 21-61.06 - Real Estate Signs VI-6 21-61.07 - Shopping Center Signs (Commercial Centers) VI-6 21-61.08 - Wall Signs VI-7 21-61.09 - Window Signs VI-7 21-61.10 - Subdivision Signs .VI-7 21-61.11 - Electronic Message Centers/Signage VI-7 SECTION 21-62 - OFF-SITE SIGNS VI-8 21-62.01 - General Requirements VI-8 21-62.02 - City Franchise Signs VI-8 21-62.03 - Public Information Signs VI-9 21-62.04 - Off-Site Wall Signs VI-9 SECTION 21-63 - TEMPORARY SIGNS VI-9 21-63.01 - Portable Signs VI-9 21-63.02 - Banner Signs VI-10 21-63.03 - Political Campaign Signs. VI-10 21-63.04 - Special Activity/Events Signs VI-I1 SECTION 21-64 - NON-CONFORMING SIGNS VI-11 21-64.01 - Amortization VI-12 21-64.02 - Removal VI-12 SECTION 21-65 - SIGN AGREEMENTS VI-12 21-65.01 - Agreement Process VI-12 21-65.02 - Agreement Criteria VI-13 SECTIONS 21-66 THROUGH 21-69 RESERVED FOR FUTURE USE. Rev.8-20-12(Land Development Code) Article VI -i- ARTICLE VI SIGN REGULATIONS SECTION 21-60—GENERAL PROVISIONS 21-60.01 - Purpose The purpose of sign regulations is to protect,preserve and improve the character and appearance of the City and to provide opportunity to advertise in commercial and industrial areas. It is further the intent to limit signs in residential and agricultural areas to essential signs,primarily for the purpose of identification and information.These regulations shall be the minimum requirements necessary to accomplish these purposes and to protect the public health, safety and general welfare. In addition to City-wide sign regulations contained in this Article,the City of Edgewater has adopted the Indian River Boulevard-S.R. 442 Corridor Design Regulations and the Ridgewood Avenue Corridor Design Regulations which are incorporated as Article XVIII and Article XX respectively in this Land Development Code. Requirements contained in Article XVIII, Indian River Boulevard Corridor-S.R. 442 Design Regulations and Article XX, Ridgewood Avenue Corridor Design Regulations, shall supersede and compliment the requirements set forth in this Article. Properties located within the Indian River Boulevard Corridor-S.R.442 Overlay and/or the Ridgewood Avenue Corridor Overlay must adhere to the sign design regulations contained in the Indian River Boulevard Corridor Design Regulations and the Ridgewood Avenue Corridor Design Regulations. A copy of these regulations and illustrations for design are available for purchase at City Hall. It is the Developer's responsibility to obtain a copy of the regulations for the Overlays prior to conceptual design layout. 21-60.02 - General Provisions The following general provisions shall apply to every sign erected in the City. a. The name and address of the company or person installing any sign and the name and address of the company or person maintaining any sign, the date of erection and the voltage of any electrical apparatus shall be permanently affixed on a weather resistant label. b. Any light from any illuminated sign shall be shaded, shielded or directed so that the light intensity or brightness shall not affect adversely the safe vision of operations of vehicles in any public or private road,highway,driveway or parking area. Such light shall not shine directly on or into any residential structure. c. All signs shall be designed and constructed to withstand a wind load pressure of not less than twenty-five (25) pounds per square foot of area or as required by any applicable code or ordinance, whichever is more restrictive. d. Vegetation shall be kept cut around the base of any ground sign for a distance of fifteen feet Rev.8-20-12(LandDevelopmentCode) VI-I (15')from any portion of such sign touching the ground and the area around ground sign shall be kept free of any material that might constitute a fire or health hazard. e. The numeric street address of the property upon which the sign is located shall be identified on the side and front of the sign. The street address numbers shall be between six(6)to twelve(12) inches in height. �f. All signs shall be maintained in good condition and repair. Signs shall be deemed as non- maintained if any part thereof is broken,tattered,torn, faded,letters or graphics are completely or partially missing, or otherwise in disrepair. 21-60.03 - Permits a. No person shall operate,maintain,erect,alter,repair or relocate any signs until the Development Services Director and Building Official has determined that the proposed sign substantially complies with the requirements of this Article. b. Application for a sign permit shall be on forms provided by the City Building Official and shall, at a minimum, contain the following information: 1. The name,address and telephone number of the applicant,the owner of the sign and the owner of the property on which the sign is to be located; and 2. The address, if any,and legal description of the premises on which the sign is to be located; and 3. A drawing to scale,in duplicate,showing the size,height,location,structural details and dimensions of the sign and sign structure; and 4. Two drawings to scale showing the position of the sign and any other existing advertising structures in relation to the buildings or structures on the premises and to the boundaries of the property; and 5. The signatures of the applicant and the owner of the property or in the event the owner is not available,written evidence of the owner's permission for the erection of the sign; and 6. Such other information as may be necessary to demonstrate compliance with this Article including, but not limited to, engineers' drawings. c. All signs shall be erected, altered, operated and maintained in compliance with the Standard Building Code and the National Electrical Code. Signs 32 square feet, or less, in area shall be deemed to comply with the wind load requirements of the Florida Building Code by submission of plans and specifications to the Building Official. Rev.8-20-12(LandDevelopmentCode) VI-2 d. The Development Services Director and Building Official shall conduct a timely review of the sign permit application and shall either issue the permit or provide the applicant with a written statement of the reasons for denial. e. Appeals of Building Official decisions regarding construction issues shall be made to the Construction Board of Adjustment and Appeals. Appeals of other sign related issues shall be made in accordance with Article I. 21-60.04 - Prohibited Signs The following signs are prohibited in the City: a. No person shall erect a sign on or over any public property or public right-of-way, except in accordance with a banner sign or franchise agreement approved by the City Council. Any sign(s)installed on public property shall be forfeited to the public and subject to confiscation at the owners' cost. b. The operation of any vehicle for the sole purpose of advertising is prohibited within the City of Edgewater. c. Roof signs,billboards, inflatable signs, snipe signs,banners,pennants,wind operated devices, sandwich signs, moving signs, freestanding signs, flashing signs, beacon light signs with moving or alternating or traveling lights are prohibited, except as limited elsewhere in this Article.Time and temperature signs and lighted moving message boards less than 35 square feet in area shall not be subject to this prohibition. d. Projecting signs within an area bounded by the intersection of two rights-of-way and points fifty feet (50') from such intersections measured along the rights-of-way except as permitted elsewhere in this Article. e. Pursuant to Chapter 316.077, F.S., no sign shall be permitted which is an imitation of or resembles an official traffic control device. f. Commercial Mascots, as defined in Article II. 21-60.05 - Exemptions The following signs shall be exempt from the permitting requirements of this Article. a. Signs less than six (6) square feet in area and, used only to identify the residential property address and occupant's resident(s) name and shall not include any advertising. b. Legal notices posted by authorized persons of a governmental body. c. Any informational sign directing vehicular traffic, parking or pedestrian traffic on private Rev.8-20-12(LandDevelopmentCode) VI-3 property, provided that such sign shall contain no advertising material and shall not exceed 4 square feet in total area. The letters shall not exceed eight inches (8") in height. If the sign includes any advertising or logo, a sign permit shall be required. d. Identification signs, information signs or traffic control devices erected by any governmental body. In addition, emergency warning signs erected by a government agency, private utility company or a contractor doing authorized or permitted work within a public right-of-way. e. Wall graphics/murals may be an integral decoration of a building,but shall not include letters, trademarks,moving parts or moving lights and shall not cover more than thirty percent(30%)of any single wall surface area per building. Works of art, such as murals approved by the Development Services Director, that do not include a commercial message, comply with the additional sign wind and sight visibility code and do not violate any design overlay standards as contained in the City Land Development Code. e f. On-site signs five(5) square feet or less in area that offers a specific property for sale, lease or rent by the owner or his authorized agent. g. The flag of the United States shall be displayed in accordance with the protocol established by the Congress of the United States for Stars and Stripesthe United States of America Flag Code (P.L. 94-344). All other flags shall conform to the requirements of Section 21 61. h. Holiday lights and decorations with no commercial messages between November 1st and February 1st i. Works of art that do not include a commercial message. Two open house flags, not exceeding fifteen (15) square feet each in area, displayed during inspection times for model homes are open to be viewed by the general public. 21-60.06 -Variances Variances to the requirements of this Article may be granted by the Planning and Zoning Board in conformance with the requirements of Article IX. SECTION 21-61 - ON-SITE SIGNS 21-61.01 - Construction Signs a. One construction sign, including the names of persons or firms furnishing labor, services or materials to the construction site, shall be allowed for each project where an active building permit has been obtained for the project. I b. Such sign shall be removed no later than the date of issuance of a certificate of occupancy Rev.8-20-12(LandDevelopmentCode) VI-4 and/or final inspection of the construction project. c. No such sign shall exceed thirty-two (32) square feet in area. 21-61.02 - Development Signs a. One sign, not to exceed sixty-four(64) square feet in area for nonresidential projects or forty- eight(48)square feet in area for residential projects,may be permitted on each site for which a site plan, or subdivision plat, has been approved. b. A development sign permit may be issued for no longer than one (1) year. However, the Building Official may renew the permit, if it is determined that promotion of the site is still active. 21-61.03 - Pole Signs a. Pole signs shall be limited to two(2)square feet of signage per one(1)linear foot of addressed building frontage and shall not exceed 60 square feet, except as provided in Section 21-61.07. b. Pole signs shall be a maximum of twenty feet (20') high with a minimum nine foot (9') clearance above the ground or sidewalk. No pole sign shall be located closer than fifty feet(50') from any existing pole sign. c. Except for shopping centers as described in Section 21-61.07,there shall be only one (1)pole sign per parcel. d. The sign area shall be calculated to include the outside edge of the sign cabinet or frame. e. Except as provided in Section 21-62, a pole sign shall only be used to advertise a business on the same site. 21-61.04 - Ground Signs a. Ground signs shall be limited to two (2) square feet of signage per one (1) linear foot of addressed building frontage and shall not exceed sixty(60) square feet, except as provided in Section 21-61.07. b. Ground signs shall be a maximum of ten feet (10') high and shall be located in an approved landscaped buffer area. Ground signs shall not impede traffic visibility as outlined in Article III, "Site Triangle Requirements". c. Except for shopping centers as described in Section 21-61.07,there shall be only one(1)ground sign per parcel. No ground sign shall be located closer than fifty feet(50')from any existing ground sign. Rev.8-20-12(LandDevelopmentCode) V1-5 d. The sign area shall be calculated to include the outside edge of the sign cabinet or frame. e. Ground signs shall only be used to advertise a business on the same site. 21-61.05 - Projecting Signs a. A projecting sign shall not extend more than four feet(4')beyond the surface of the building to which it is attached. b. The surface area of a projecting sign shall not exceed twenty-four(24)square feet per building. c. There shall be a minimum of nine feet (9') clearance between the bottom of a projecting sign and the ground surface or sidewalk. 21-61.06 - Real Estate Signs a. A non-illuminated sign advertising the sale or lease of a business or parcel on which the sign is located shall be permitted in any zoning district. b. The maximum sign size shall be thirty-two (32) square feet. c. Model home signs shall not exceed sixteen(16) square feet. 21-61.07 - Shopping Center Signs a. Ground or pole signs for shopping centers may be constructed subject to compliance with the criteria described below. No other signage shall be permitted for these uses,except wall signs. Sign Criteria Parcel Width Less Parcel Width Greater Than 150 Ft. Than 150 Ft. Number of Signs per One Two Parcel Maximum Allowable 100 sq. ft. per side Anchor Structure Sign Area of All Signage On 200 sq. ft. total 100 sq. ft. per side the Site 200 sq. ft. total Tenants Sign 100 sq. ft. per side 200 sq. ft. total Maximum Height Above Poles - 20 feet Poles - 20 feet Ground Ground - 10 feet Ground- 10 feet Minimum Clearance From Poles - 9 feet Poles - 9 feet Ground Area Allowed For Center 20 percent maximum 20 percent maximum Rev.8-20-12(LandDevelopmentCode) VI-6 Name _ Area Allowed For Tenants 80 percent minimum 80 percent minimum Name 21-61.08 -Wall Signs a. The total amount of wall signs allowed shall be two(2)square feet of signage per one(1)linear foot of addressed business frontage, not to exceed sixty-four(64) square feet. b. The area of a wall sign shall be calculated by summing the area of each letter and the corporate logo in the sign. 21-61.09 -Window Signs The window area and the glass door area between four feet (4') and seven feet (7') above the adjacent ground shall not be covered by opaque signage. 21-61.10 - Subdivision Signs A maximum one hundred (100) square feet in area ground sign identifying a subdivision may be located at each subdivision entrance provided the site triangle requirements of Article III are met. 21-61.11 —Electronic Message Centers/Signage a. Electronic message center signs are permitted only along U.S. 1, Park Avenue and S.R. 442/Indian River Boulevard. No more than one electronic message center sign is permitted for I each property frontage located on the above-referenced roadways. b. Signs must be set back a minimum of ten feet(10')from the right-of-way to the closest edge of the sign. c. Signs must be constructed as ground sign. d. The maximum electronic panel area shall not exceed 50%of the sign size. e. A sign with a sign face on two sides and no more than 4.5' feet of separation between faces shall be considered a single sign. f. Sign copy may change only at intervals of not less than five(5)seconds. Continuous scrolling, animation, or flashing of lights is prohibited. g. Obscene, immoral and/or lewd graphics and/or language shall not be displayed at anytime on the display screen area. h. The display screen area shall provide a high-resolution picture quality with pixel spacing of 16 millimeters or less. i. Maximum brightness is 5,000 nits during the day and 500 nits from dusk to dawn. Rev.8-20-12(LandDevelopmentCode) VI-7 j. A malfunctioning sign must be turned off or display a blank screen. k. Electronic message center signs shall not be added to any nonconforming sign. 1. All power to the sign shall be supplied via underground carrier,inside an improved conduit and installed to City requirements. m. The signage shall be maintained in a good operating condition and external appearance. n. Government electronic message center signs shall provide necessary public information, including but not limited to directions, schedules or information regarding public facilities or places of interest. The City Council may waive the standards in this section for a government sign provided that the deviation promotes the public health, safety and welfare. o. Any electronic message center/signage in existence prior to adoption of the standards set forth in this Section and are not in conformance with said Section shall be deemed non-conforming pursuant to Article VII. p. Any electronic message center/signage in existence prior to adoption of the standards set forth in this Section and are not in conformance with said Section shall be deemed non-conforming pursuant to Article VII. SECTION 21-62 - OFF-SITE SIGNS Off-site signs that advertise products or businesses located at a site other than the location of the business are deemed by this Article to constitute a separate use. The control and regulation of the display of such advertising deemed to be appropriate to the character and surrounding development shall be considered. It is intended that such advertising be confined to certain commercial and industrial properties. 21-62.01 - General Requirements All off-site signs, with the exception of special activity/event signs advertising special activities/ events authorized by the City, shall require approval by the City Council upon a recommendation from the Development Services Director and Building Official. a. Off-site signs shall be limited to twelve (12) square feet in area and shall not be located closer than one thousand feet (1,000')to another off-site sign. b. All off-site signs shall conform to the Standard Building Code construction requirements. 21-62.02 - City Franchise Signs The City Council may approve off-site signs for certain franchise agreements. The criteria for approval of off-site selection shall be consistent with the conditions contained in the Sign Franchise Agreement and shall be subject to City Council approval. Minimum standards include: Rev.8-20-12(LandDevelopmentCode) VI-8 a. A leading edge of a franchise sign shall not be closer than ten feet(10')to a paved surface of a public right-of-way, unless approved by the City Manager. b. Signs bearing public information, as designated by the City Manager, may be placed in any zoning district. c. A franchise sign shall have a minimum clearance of nine feet (9') above the ground and a maximum height of sixteen feet(16')except those placed on public transportation benches and shelters as approved through a competitive selection process pursuant to City standard procedures. 21-62.03 - Public Information Signs Public information signs containing no commercial message and installed by the City,which are no . - .. . . . .. - -- •- . . may be located anywhere in the City. 21-62.04 - Off-Site Wall Signs City Council may approve off-site wall signs subject to the following: a. The business/development has no other off-site signs. b. Signs shall not exceed thirty-two (32) square feet each. c. No more than one(1)wall sign per each side of the building with a maximum of two(2)signs per building. d. The total square footage allowed for all wall signs per building shall not exceed the requirements contained in Section 21-61.08. e. Off-site wall signs are temporary and will be permitted for six (6)months. SECTION 21-63 - TEMPORARY SIGNS 21-63.01 - Portable Signs a. The Building Official may issue a portable sign permit to a business for a maximum of thirty (30) days per year to announce special events or grand openings. b. The maximum size of a sign shall be thirty-two (32) square feet. c. Only one (1) sign shall be permitted on a parcel at any one time. d. A sign shall not occupy any required parking space nor restrict on-site traffic flow. Rev.8-20-12(LandDevelopmentCode) VI-9 e. A portable sign shall not be located closer than ten feet (10') to the paved portion of a public right-of-way. f. Portable signs shall not have flashing or moving lights and shall not be affixed to another sign or structure or mounted for the purpose of making it a permanent sign. 21-63.02 - Banner Signs a. The Building Official may issue only one(1)banner sign per street frontage at a time on a given parcel, for a special event such as grand openings. b. Banner signs shall not be permitted in residential zoning districts and the B-4 district. c. The maximum sign area shall be thirty-two (32) square feet. d. Banners may display business or product logos and generic messages, but not specific sales information. e. Banners may be erected up to seven(7)days prior to the event,shall be removed within two(2) days after the event and shall be limited to ten(10) days per event two (2)times per year. f. The City Council may approve banners that do not comply with these requirements for citywide functions. 21-63.03 - Political Campaign Signs. a. Political campaign signs shall be permitted as temporary signs and, as such, shall be removed within ten(10)days after the advertised candidate has been finally elected or defeated. A sign may remain through any primary or run-off election as to any candidate who is subject thereto. b. An applicant for a political campaign sign shall be issued one sign permit for an unlimited number of signs. The fee shall be as established by resolution. c. Signs shall not be placed in any public right-of-way, on any public property, attached to any utility pole nor attached to any tree. Signs located on private property shall have the written authorization of the property owner. d. Signs placed on private property shall be securely erected to prevent displacement by heavy winds and so placed as to not interfere with traffic visibility. e. Political campaign signs shall not exceed eight (8) square feet in area. f. Upon determination of the Code Compliance Officer, illegal signs shall be removed within twenty-four(24)hours after notification to the applicant. Rev.8-20-12(LandDevelopmentCode) VI-10 g. The City shall retain removed illegal political campaign signs for five (5) working days after notification before their destruction. An applicant may retrieve the signs during this period. I 21-63.04 - Special Activity/Event Signs Sign permit applications for special athletic, civic or charitable events located in or across right of ways shall be submitted to the City Clerk's office for the City Council's review and approval. a. The maximum height of special activity/event signs shall be ten (10) feet. b. Special activity/event signs shall not exceed thirty-two(32)square feet in area and there shall be a maximum of ninety-six (96) square feet on-site signage per special event. c. No special activity/event sign may be used for the purpose of off-site advertising without the written authorization of the property owner/occupant. No special activity/event sign shall be placed on lots or parcels of any vacant property without written authorization of the property owner. d. No sign prohibited in this Article shall be authorized under this section as a special activity/event sign. e. No special activity/event sign shall be placed so as to obscure visibility of any permanent freestanding sign, unless such placement has been approved by the property owner whose freestanding sign is obscured. f. No special activity/event sign shall be placed so as to obscure vehicular sight visibility. g. Special activity/event signs shall be erected not more than ter-(-1-0-)twenty-one(221)days prior to the special activity/event. All special activity/event signs shall be removed within two (2) days after the approved special activity/event for which the sign was advertising. h. The erection and removal of all special activity/event signs shall be the responsibility of the person sponsoring the special activity/event. Failure or refusal to remove said signs within two (2)days after the special activity/event shall authorize the City to remove such signs and dispose thereof. i. No special activity/event signs shall be placed on City properties unless it is authorized and installed by the City in accordance with the Special Activity/Event Sign Policy. SECTION 21-64 -NON-CONFORMING SIGNS Any existing sign that is in violation of this Article at the effective date of this Chapter shall be deemed a legal non-conforming sign. Such signs may be continued subject to the conditions described below. Rev.8-20-12(LandDevelopmentCode) VI-11 21-64.01 -Amortization a. No non-conforming sign shall be altered, moved or repaired in any way except in full compliance with the terms of this Article. This provision shall not apply to the changing of temporary copy of changeable copy signs or to repairs necessary to maintain the structural integrity or safety of a sign so long as such repairs do not exceed fifty-one percent(51%)of the replacement cost of such sign. b. All non-conforming signs shall be maintained in good repair, subject to the conditions above. c. Failure to remove non-conforming signs may subject the sign owner to the code compliance provisions of Article X. In this regard, a sign owner may enter into a sign agreement as described in Section 21-65. 21-64.02 - Removal a. An obsolete or deteriorated sign shall be removed by the owner, agent or person having beneficial use of the premises on which sign is located and shall be removed within thirty(30) days of written notification by the Code Compliance Department. b. Upon failure to comply with such notice,the Code Compliance Department shall cause the sign to be removed at the owner's expense, including any interest that may have accrued. c. Failure to pay such costs within thirty(30)days of the written notification of the removal costs shall create a lien against the sign owner in favor of the City. SECTION 21-65 - SIGN AGREEMENTS The purpose of this Section is to provide a process and criteria by which the City can bring illegal and/or non-conforming signs into compliance without adjudication by the Code Compliance Board or the court system. 21-65.01 -Agreement Process a. An applicant shall provide a sign agreement that includes the criteria described in Section 21- 65.02. b. The applicant shall submit the required sign agreement not less than forty-five(45)days prior to the Planning and Zoning Board(P&Z) meeting at which the applicant wishes consideration. c. The P&Z shall conduct a public hearing after providing the following public notice: 1. Direct mail notice to all property owners of record within one hundred fifty feet (150') of the proposed sign location. Rev.8-20-I2(LandDevelopmentCode) VI-12 2. Post the proposed site no less than ten(10) days prior to the subject P&Z meeting. d. Upon completion of the P&Z deliberations, the agreement shall be scheduled for the next available City Council meeting. e. The City Council shall hold a public hearing regarding the proposed agreement after public notice in the same manner as provided above. f. The City Council shall take final action regarding the agreement within thirty(30)days,unless the applicant agrees to additional time. 21-65.02 -Agreement Criteria At a minimum, the sign agreement shall include: a. The name, address and phone number of the applicant. b. The name, address and phone number of the existing sign site property owner. c. Any appropriate site drawings and plans. d. A timetable for removal of the existing sign. e. Any proposed site mitigation activities. f. The signature of the applicant. g. The signature of the site property owner. h. The signature of the appropriate City official. Sections 21-66 through 21-69 reserved for future use. Rev.8-20-12(LandDevelopmentCode) VI-13 8b AGENDA REQUEST Date: August 8, 2013 PUBLIC HEARING August 19, 2013 RESOLUTION ORDINANCE August 19, 2013 OTHER CONSENT BUSINESS CORRESPONDENCE ITEM DESCRIPTION: Ordinance 2013-0-10 FP&L Franchise Agreement BACKGROUND: There is currently in effect a franchise agreement between the City of Edgewater and FPL,the terms of which are set forth in City of Edgewater Ordinance No. 83-0-16, passed and adopted November 7, 1983, and FPL's written acceptance thereof dated November 29, 1983 granting to FPL, its successors and assigns, a thirty (30) year electric franchise (Current Franchise Agreement). FPL and the City of Edgewater desire to enter into a new agreement providing for the payment of fees to the City of Edgewater in exchange for the nonexclusive right and privilege of supplying electricity and other electricity related services within the City of Edgewater free of competition from the City of Edgewater, pursuant to certain terms and conditions; and granted to Florida Power&Light Company, its successors and assigns (hereinafter called the"Grantee"), for the period of thirty(30)years from the effective date hereof, the nonexclusive right, privilege and franchise (hereinafter called "franchise") to construct, operate and maintain in, under, upon, along, over and across the present and future roads, streets, alleys, bridges, easements, rights-of-way and other public places (hereinafter called "public rights-of-way") throughout all of the incorporated areas, as such incorporated areas may be constituted from time to time, of the City of Edgewater, Florida STAFF RECOMMENDATION: Approve the FP&L franchise agreement for a period of 30 years. ACTION REQUESTED: Motion to approve Ordinance 2013-0-10 and authorize the Mayor to execute the FP&L franchise agreement for a period of 30 years. FINANCIAL IMPACT: Approximately$967,196 in FY2014 (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES x NO DATE: November 7, 1983 AGENDA ITEM NO.Ordinance 83-0-16 inConcurrence: Fifnce Director Robin Matusick Paral al 45, i racey arlow City nager ORDINANCE NO. 2013-0-10 AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY ("FPL"), ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida recognizes that the City of Edgewater and its citizens need and desire the continued benefits of electric service; and WHEREAS, the provision of such service requires substantial investments of capital and other resources in order to construct, maintain and operate facilities essential to the provision of such service in addition to costly administrative functions, and the City of Edgewater does not desire to undertake to provide such services; and WHEREAS, Florida Power & Light Company (FPL) is a public utility which has the demonstrated ability to supply such services; and WHEREAS, there is currently in effect a franchise agreement between the City of Edgewater and FPL, the terms of which are set forth in City of Edgewater Ordinance No. 83-0- 16, passed and adopted November 7, 1983, and FPL's written acceptance thereof dated November 29, 1983 granting to FPL, its successors and assigns, a thirty (30) year electric franchise (Current Franchise Agreement); and WHEREAS, FPL and the City of Edgewater desire to enter into a new agreement (New Franchise Agreement) providing for the payment of fees to the City of Edgewater in exchange for the nonexclusive right and privilege of supplying electricity and other electricity related services within the City of Edgewater free of competition from the City of Edgewater, pursuant to certain terms and conditions; and 1 #2013-0-10 WHEREAS, the City Council of the City of Edgewater deems it to be in the best interest of the City of Edgewater and its citizens to enter into the New Franchise Agreement prior to expiration of the Current Franchise Agreement. NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater, Florida: Section 1. There is hereby granted to Florida Power & Light Company, its successors and assigns (hereinafter called the "Grantee"), for the period of thirty (30) years from the effective date hereof, the nonexclusive right, privilege and franchise (hereinafter called "franchise") to construct, operate and maintain in, under, upon, along, over and across the present and future roads, streets, alleys, bridges, easements, rights-of-way and other public places (hereinafter called "public rights-of-way") throughout all of the incorporated areas, as such incorporated areas may be constituted from time to time, of the City of Edgewater, Florida, and its successors (hereinafter called the "Grantor"), in accordance with the Grantee's customary practice with respect to construction and maintenance, electric light and power facilities, including, without limitation, conduits, poles, wires, transmission and distribution lines, and all other facilities installed in conjunction with or ancillary to all of the Grantee's operations (hereinafter called "facilities"), for the purpose of supplying electricity and other services to the Grantor and its successors, the inhabitants thereof, and persons beyond the limits thereof. Section 2. The facilities of the Grantee shall be installed, located or relocated so as to not unreasonably interfere with traffic over the public rights-of-way or with reasonable egress from and ingress to abutting property. It is the intent of the foregoing provision that all lanes of travel shall remain accessible for use by vehicular traffic once the installation, location or relocation of the facilities has been completed. To avoid conflicts with traffic, the location or relocation of all facilities shall be made as representatives of the Grantor may prescribe in 2 #2013-0-10 accordance with the Grantor's reasonable rules and regulations with reference to the placing and maintaining in, under, upon, along, over and across said public rights-of-way; provided, however, that such rules or regulations (a) shall not prohibit the exercise of the Grantee's right to use said public rights-of-way for reasons other than unreasonable interference with motor vehicular traffic, (b) shall not unreasonably interfere with the Grantee's ability to furnish reasonably sufficient, adequate and efficient electric service to all of its customers, and (c) shall not require the relocation of any of the Grantee's facilities installed before or after the effective date hereof in public rights-of-way unless or until widening or otherwise changing the configuration of the paved portion of any public rights-of-way used by motor vehicles causes such installed facilities to unreasonably interfere with motor vehicular traffic. Notwithstanding the foregoing, Grantee agrees to abide by Grantor's municipal ordinances, policies and regulations as amended from time to time, to the extent that said municipal ordinances, policies and regulations are not in conflict with Florida law or this New Franchise Agreement. Grantor agrees not to unreasonably impair Grantee's reasonable use of the rights-of-way in the adoption, amendment and enforcement of City ordinances, policies and regulations and Grantor further agrees that in adopting and amending City ordinances, policies and regulations, when applicable, reference will be made to the most recent editions of the following Florida Department of Transportation publications: Manual of Uniform Traffic Control Devices, Maintenance of Traffic Standards, Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways and Utility Accommodation Guide. Such rules and regulations shall recognize that above-grade facilities of the Grantee installed after the effective date hereof should be installed near the outer boundaries of the public rights-of-way to the extent possible. When any portion of a public rights-of-way is excavated by the Grantee in the location or relocation of any of its facilities, the portion of the public right-of-way so excavated shall 3 #2013-0-10 within a reasonable time be replaced by the Grantee at its expense and in as good condition as it was at the time of such excavation. The Grantor shall not be liable to the Grantee for any cost or expense in connection with any relocation of the Grantee's facilities required under subsection (c) of this Section, except, however, the Grantee shall be entitled to reimbursement of its costs from others and as may be provided by law. Section 3. The Grantor shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation or maintenance by the Grantee of its facilities hereunder, and the acceptance of this ordinance shall be deemed an agreement on the part of the Grantee to indemnify the Grantor and hold it harmless against any and all liability, loss, cost, damage or expense which may accrue to the Grantor by reason of the negligence, default or misconduct of the Grantee in the construction, operation or maintenance of its facilities hereunder. Section 4. All rates and rules and regulations established by the Grantee from time to time shall be reasonable as may be provided by law and Grantee's rates for electricity shall be subject to such regulation as may be provided by law. Section 5. As a consideration for this franchise, the Grantee shall pay to the Grantor, commencing ninety (90) days after the effective date hereof, and each month thereafter for the remainder of the term of this franchise, an amount which added to the amount of all licenses, excises, fees, charges and other impositions of any kind whatsoever (except ad valorem property taxes and non-ad valorem tax assessments on property) levied or imposed by the Grantor against the Grantee's property, business or operations and those of its subsidiaries during the Grantee's monthly billing period ending sixty (60) days prior to each such payment will equal 5.9 percent (5.9%) of the Grantee's billed revenues, less actual write-offs, from the sale of electrical energy to residential, commercial and industrial customers (as such customers are defined by FPL's 4 #2013-0-10 tariff) within the incorporated areas of the Grantor for the monthly billing period ending sixty (60) days prior to each such payment, and in no event shall payment for the rights and privileges granted herein exceed 5.9 percent (5.9%) of such revenues for any monthly billing period of the Grantee. The Grantor understands and agrees that such revenues as described in the preceding paragraph are limited, as in the existing franchise Ordinance No. 83-0-16, to the precise revenues described therein, and that such revenues do not include, by way of example and not limitation: (a) revenues from the sale of electrical energy to Public Street and Highway Lighting (service for lighting public ways and areas); (b) revenues from Other Sales to Public Authorities (service with eligibility restricted to governmental entities); (c) revenues from Sales to Railroads and Railways (service supplied for propulsion of electric transit vehicles); (d) revenues from Sales for Resale (service to other utilities for resale purposes); (e) franchise fees; (f) Late Payment Charges; (g) Field Collection Charges; (h) other service charges. Section 6. If during the term of the franchise the Grantee enters into a franchise agreement with any other municipality located in Volusia County, Florida, where the number of Grantee's active electrical customers is equal to or less than the number of Grantee's active electrical customers within the incorporated area of the Grantor, the terms of which provide for the payment of franchise fees by the Grantee at a rate greater than 5.9 percent (5.9%) of the Grantee's residential, commercial and industrial revenues (as such customers are defined by FPL's tariff), under the same terms and conditions as specified in Section 5 hereof, the Grantee, upon the written request of the Grantor, shall negotiate and enter into a new franchise agreement with the Grantor in which the percentage to be used in calculating monthly payments under Section 5 hereof shall be no greater than that percentage which the Grantee has agreed to use as a basis for the calculation of payments to the other Volusia County municipality, provided, 5 #2013-0-10 however, that such new franchise agreement shall include additional benefits to the Grantee, in addition to all benefits provided herein, at least equal to those provided by its franchise agreement with the other Volusia County municipality. Subject to all limitations, terms and conditions specified in the preceding sentence, the Grantor shall have the sole discretion to determine the percentage to be used in calculating monthly payments, and the Grantee shall have the sole discretion to determine those benefits to which it would be entitled, under any such new franchise agreement. Section 7(a). As a further consideration, during the term of this franchise or any extension thereof, the Grantor agrees: (a) not to engage in the distribution and/or sale, in competition with the Grantee, of electric capacity and/or electric energy to any ultimate consumer of electric utility service (herein called a "retail customer") or to any electrical distribution system established solely to serve any retail customer formerly served by the Grantee, (b) not to participate in any proceeding or contractual arrangement, the purpose or terms of which would be to obligate the Grantee to transmit and/or distribute, electric capacity and/or electric energy from any third party(ies) to any other retail customer's facility(ies), and (c) not to seek to have the Grantee transmit and/or distribute electric capacity and/or electric energy generated by or on behalf of the Grantor at one location to the Grantor's facility(ies) at any other location(s). Nothing specified herein shall prohibit the Grantor from engaging with other utilities or persons in wholesale transactions which are subject to the provisions of the Federal Power Act. (b) Notwithstanding the foregoing, Grantor may (i) generate electric capacity and/or energy at any facility owned or leased by Grantor for utilization at that facility or other facilities owned or leased by Grantor, provided that delivery of that electric capacity and/or energy does not extend beyond the contiguous properties of Grantor for those facilities; and (ii) sell electric 6 #2013-0-10 capacity and/or energy to Grantee in compliance with applicable state or federal rules and regulations controlling such transactions. For purposes of this section, the term "owned or leased by the Grantor" means properties owned, leased, operated, held in trust by, or dedicated to, the Grantor, including properties held by any corporate entity or agency created by the Grantor. (c) Nothing herein shall prohibit the Grantor, if permitted by law, (i) from purchasing electric capacity and/or electric energy from any other person, or (ii) from seeking to have the Grantee transmit and/or distribute to any facility(ies) of the Grantor electric capacity and/or electric energy purchased by the Grantor from any other person; provided, however, that before the Grantor elects to purchase electric capacity and/or electric energy from any other person, the Grantor shall notify the Grantee. Such notice shall include a summary of the specific rates, terms and conditions which have been offered by the other person and identify the Grantor's facilities to be served under the offer. The Grantee shall thereafter have ninety (90) days to evaluate the offer and, if the Grantee offers rates, terms and conditions which are equal to or better than those offered by the other person, the Grantor shall be obligated to continue to purchase from the Grantee electric capacity and/or electric energy to serve the previously-identified facilities of the Grantor for a term no shorter than that offered by the other person. If the Grantee does not agree to rates, terms and conditions which equal or better the other person's offer, all of the terms and conditions of this franchise shall remain in effect. Section 8. If the Grantor grants a right, privilege or franchise to any other person or otherwise enables any other such person to construct, operate or maintain electric light and power facilities within any part of the incorporated areas of the Grantor in which the Grantee may lawfully serve or compete on terms and conditions which the Grantee determines are more favorable than the terms and conditions contained herein, the Grantee may at any time thereafter terminate this franchise if such terms and conditions are not remedied within the time period 7 #2013-0-10 provided hereafter. The Grantee shall give the Grantor at least one hundred eighty (180) days advance written notice of its intent to terminate. Such notice shall, without prejudice to any of the rights reserved for the Grantee herein, advise the Grantor of such terms and conditions that it considers more favorable and the objective basis or bases of that determination. The Grantor shall then have ninety (90) days in which to correct or otherwise remedy the terms and conditions complained of by the Grantee. If the Grantee determines that such terms or conditions are not remedied by the Grantor within said time period, or any mutually agreed-upon extension thereof, the Grantee may terminate this franchise agreement by delivering written notice to the Grantor's Clerk and termination shall be effective on the date of delivery of such notice. Section 9. If, (i) as a result of action taken by and directly within the control of the Grantors AND (ii) as a direct or indirect consequence of any legislative, regulatory or other action by the United States of America or the State of Florida (or any department, agency, authority, instrumentality or political subdivision of either of them) any person is permitted to provide electric service within the incorporated areas of the Grantor to a customer then being served by the Grantee, or to any new applicant for electric service within any part of the incorporated areas of the Grantor in which the Grantee may lawfully serve, and the Grantee reasonably determines that its obligations hereunder, or otherwise resulting from this franchise in respect to rates and service, place it at a competitive disadvantage with respect to such other person, the Grantee may, at any time after the taking of such action, terminate this franchise if such competitive disadvantage is, in the reasonable determination of the Grantee, not remedied within the time period provided hereafter. The Grantee shall give the Grantor at least one hundred eighty (180) days advance written notice of its intent to terminate. Such notice 8 #2013-0-10 shall, without prejudice to any of the rights reserved for the Grantee herein, advise the Grantor of the specific consequences of such action which resulted in the competitive disadvantage, and the objective basis or bases of the competitive disadvantage. The Grantor shall then have ninety (90) days in which to correct or otherwise remedy the competitive disadvantage. If such competitive disadvantage is, in the reasonable determination of the Grantee, not remedied by the Grantor within said time period, the Grantee may terminate this franchise agreement by delivering written notice to the Grantor's Clerk and termination shall take effect on the date of delivery of such notice. Notwithstanding the foregoing provisions in Section 8 and this Section 9, upon written request of the Grantor within the ninety (90) day period for an in-person meeting between representatives of the Grantor and Grantee, Grantee agrees that it s hall meet with Grantor prior to terminating the franchise agreement. Nothing contained herein shall be construed as constraining Grantor's rights to legally challenge FPL's reasonable determination of competitive disadvantage leading to termination under Section 8 or Section 9. Section 10. Failure on the part of the Grantee to comply in any substantial respect with any of the provisions of this franchise shall be grounds for forfeiture, but no such forfeiture shall take effect if the reasonableness or propriety thereof is protested by the Grantee until there is final determination (after the expiration or exhaustion of all rights of appeal) by a court of competent jurisdiction that the Grantee has failed to comply in a substantial respect with any of the provisions of this franchise, and the Grantee shall have six (6) months after such final determination to make good the default before a forfeiture shall result with the right of the Grantor at its discretion to grant such additional time to the Grantee for compliance as necessities in the case require. The provisions of Section 10 are without prejudice to Grantor's rights to pursue legal or equitable relief for damages or injunctive relief arising from Grantee's improper failure to comply with the franchise. 9 #2013-0-10 Section 11. Failure on the part of the Grantor to comply in substantial respect with any of the provisions of this ordinance, including but not limited to: (a) denying the Grantee use of public rights-of-way for reasons other than unreasonable interference with motor vehicular traffic; (b) imposing conditions for use of public rights-of-way contrary to Florida law or the terms and conditions of this franchise; (c) unreasonable delay in issuing the Grantee a use permit, if any, to construct its facilities in public rights-of-way, shall constitute breach of this franchise. The Grantor recognizes and agrees that nothing in this franchise agreement constitutes or shall be deemed to constitute a waiver of the Grantee's delegated sovereign right of condemnation and that the Grantee, in its sole discretion, may exercise such right. Section 12. The Grantor may, upon reasonable notice and within one hundred eighty (180) days after each anniversary date of this franchise, at the Grantor's expense, examine the records and data of the Grantee relating to the calculation of the franchise payment for the year preceding such anniversary date. Such examination shall be during normal business hours at the Grantee's office where such records are maintained. Records not prepared by the Grantee in the ordinary course of business may be provided at the Grantor's expense and as the Grantor and the Grantee may agree in writing. Information identifying the Grantee's customers by name or their electric consumption shall not be taken from the Grantee's premises. Such audit shall be impartial and all audit findings, whether they decrease or increase payment to the Grantor, shall be reported to the Grantee. The Grantor's right to examine the records of the Grantee in accordance with this Section shall not be conducted by any third party employed by the Grantor whose fee, in whole or in part, for conducting such audit is contingent on findings of the audit. Grantor waives, settles and bars all claims relating in any way to the amounts paid by the Grantee under the Current Franchise Agreement embodied in Ordinance No. 83-0-16 not asserted in writing within one hundred eighty (180) days after the effective date of this ordinance 10 #2013-0-10 with a notice of intent to audit. Grantee agrees to provide all information reasonably requested by the auditor, and both parties agree to pursue the completion of the audit as diligently and expeditiously as possible. Grantor s hall have up to three hundred sixty-five (365) days after completion of audit to file a legal action against Grantee should it be deemed necessary as a result of the audit. Section 13. The provisions of this ordinance are interdependent upon one another, and if any of the provisions of this ordinance are found or adjudged to be invalid, illegal, void or of no effect, the entire ordinance shall be null and void and of no force or effect. Section 14. As used herein "person" means an individual, a partnership, a corporation, a business trust, a joint stock company, a trust, an incorporated association, a joint venture, a governmental authority or any other entity of whatever nature. Section 15. Ordinance No. 83-0-16, passed and adopted November 7, 1983 and all other ordinances and parts of ordinances and all resolutions and parts of resolutions in conflict herewith, are here repealed. Section 16. As a condition precedent to the taking effect of this ordinance, the Grantee shall file its acceptance hereof with the Grantor's Clerk within thirty (30) days of adoption of this ordinance. 11 #2013-0-10 ADOPTION. After Motion to approve by with Second by , the vote on the first reading/public hearing of this ordinance held on August 19, 2013 was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter After Motion to approve with Second by , the vote on the second reading of this ordinance held on September 9, 2013, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter 12 #2013-0-10 PASSED AND DULY ADOPTED this 9th day of September, 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 9th day of legality by: Aaron R. Wolfe, Esquire September, 2013 under Agenda Item No. City Attorney 8 . Doran, Sims, Wolfe & Kundid 13 #2013-0-10 U L AGENDA REQUEST C.A. #2013-AN-1303 Date: August 7, 2013 PUBLIC HEARING August 19, 2013 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 1St Reading Ordinance No. 2013-0-11 Rosemary Walker, applicant requesting annexation of.32± acres of property located east of Meadow Lake Drive and south of 28th Street OWNER: Southeast Volusia Habitat for Humanity APPLICANT/AGENT: Rosemary Walker REQUESTED ACTION: Annexation PROPOSED USE: Single Family Residential LOCATION: East of Meadow Lake Drive and south of 28th Street AREA: .32± acres CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County Rural and Volusia County Low Impact Urban ZONING DISTRICT: Volusia County R-3 (Urban Single Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Single Family Residence Low Density Residential R-2 (Single-Family Residential) East Single Family Residence Volusia County Volusia County R-3 Urban Low Intensity (Single-Family Residential) South Single Family Residence Volusia County Volusia County R-3 Urban Low Intensity (Single-Family Residential) West Single Family Residence Medium Density R-4 (Multi-Family Residential) Residential Background: The subject property is located east of Meadow Lake Drive and south of 28th Street. The applicant is seeking annexation as well as amendments to the City's Future Land Use and Zoning Maps to include this .32± acre parcel. Land Use Compatibility: The proposed low density single-family residential use is compatible with the adjacent properties. Adequate Public Facilities: This site has access to 28th Street. City water and sewer services are available. Other Matters: None STAFF RECOMMENDATION Staff recommends approval of Ordinance 2013-0-11, annexation of.32± acres of property located east of Meadow Lake Drive and south of 28th Street. ACTION REQUESTED: Motion to approve Ordinance 2013-0-11. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM # Respeafully submit d, Concurrence: Darren Lear Robin L. Matusick Development Services Director Parale / 7 Trace . Barlow City anager ORDINANCE NO. 2013-0-11 AN ORDINANCE ANNEXING .32± ACRES OF CERTAIN REAL PROPERTY LOCATED EAST OF MEADOW LAKE DRIVE AND SOUTH OF 28TH STREET, VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE CITY OF EDGEWATER CORPORATE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE DEPARTMENT OF STATE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Rosemary Walker has applied on behalf of Southeast Volusia Habitat for Humanity, Inc. for annexation of property located east of Meadow Lake Drive and south of 28th Street, within Volusia County, Florida. Subject property contains approximately .32 +acres. 2. The owners/applicants have voluntarily petitioned (applied)the City of Edgewater for annexation pursuant to Section 171.044, Florida Statutes. 3. The property is contiguous to the City's boundaries and the conditions for annexation and the economics thereof are satisfactory. 4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated to include the property described herein. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEWATER, FLORIDA. 1 Strike through passages are deleted. Underlined passages are added. #2013-0-11 1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in Exhibit "A" and depicted in the map identified as Exhibit `B", which are attached hereto and incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality. 2. The boundaries of the City of Edgewater are hereby redefined to include the property described herein and depicted in the map identified as Exhibit`B". 3. Pursuant to Section 2.01 of the Charter of the City of Edgewater, Florida, that certain document entitled "Description of City of Edgewater Corporate Limits" shall be amended accordingly. 4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia County Manager, the Mapping Division of the Volusia County Growth Management Department, and the Department of State. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. 2 Strike through passages are deleted. Underlined passages are added. #2013-0-11 PART D. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART F. ADOPTION. After Motion to approve by , with Second by , the vote on the first reading of this ordinance held on August 19, 2013, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter 3 Strike-through passages are deleted. Underlined passages are added. #2013-0-11 After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter PASSED AND DULY ADOPTED this day of 2013. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day of legality by: Aaron R. Wolfe, Esquire 2013 under Agenda Item No. 8 . City Attorney Doran, Sims, Wolfe& Kundid 4 Strike through passages are deleted. Underlined passages are added. #2013-0-11 EXHIBIT "A" LEGAL DESCRIPTION The Northerly 100 feet of the Westerly 140 feet of Lot 11, Edgewater Country Estates (Unit #1), according to the map or plat thereof, as recorded in Map Book 11, Page 247, of the Public Records of Volusia County, Florida. Together with: 50% of the subsurface mineral rights in and to the Northerly 100 feet of the Westerly 140 feet of Lot 11, Edgewater Country Estates (Unit #1), according to the map or plat thereof, as recorded in Map Book 11, Page 247, of the Public Records of Volusia County, Florida. (Official Records Book 5782, Page 2604) 5 Strike through passages are deleted. Underlined passages are added. #2013-0-11 EXHIBIT "B" 6 Strike through passages are deleted. Underlined passages are added. #2013-0-11 4- T. r � a J it Y V Jii .fl i ,F_1 40 ' .\\ !Via 1----C'C'\- - 5 1 pc) 1 c:- 1 N 5 i f -I 1 l , r- 7 0 tti - , ,,,,, „ ,„,,„4_,,,„ _. 1.-- 1 1 g 1y� I I f �" - y- 'r�-i A . f ---- „ow," Is ---\\ \ \T' ,�/► '� 'ti .ti\ y • ti,• • , • \ 1 i II,\i, %.% IPP-- .. ,m4 \ \ v.- - ' \r I S ' \ rill i 'WARP 2 El I 111 1177 , . \ \ _* ativrigA, ' El D 1 \ W jill is ;i !! ' r 4, i 1 , , It a . i ! loll alifir--. _,,,,,—, ' ,,...,,,,;.- - .7 4M101-i0.41110"' 41*';,,,Ii-' 'tpwilV rP rt-t ' -- ' '''''"- ipi,4040., all mil - r-- so ..,„<",...-P-.--, \:=1_20. ________-------' • • 1 lik..*140VIIIIPTI 0 14440----40,,eiciC7 ___,. 1 ww---#iii", " Fp + \ \ ',4,0't Al$4.7',,,H 01 041 0 4itip4 , ___ rtiaiimmt, _„..... I IT, wiltiv t. oir-----0 .00' 01104.6- 14,1141 -10 . cwoo.„.*** olio\ TO v. woo .*** *** - \ ---407-- , , ,, , 0 I. \ \ . " • , „, ..._ ___., ,a, ,,,,„ ,:,,.__..„ , , , , , ___,--c \ 8d AGENDA REQUEST C.A. #2013-CPA-1304 Date: August 7, 2013 PUBLIC HEARING August 19, 2013 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 1St Reading Ordinance No. 2013-0-12 Rosemary Walker, applicant requesting an amendment to the Comprehensive Plan Future Land Use Map to include .32+ acres of property located east of Meadow Lake Drive and south of 28th Street as Low Density Residential with Conservation Overlay. OWNER: Southeast Volusia Habitat for Humanity APPLICANT/AGENT: Rosemary Walker REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property as Low Density Residential with Conservation Overlay. PROPOSED USE: Single Family Residential LOCATION: East of Meadow Lake Drive and south of 28th Street AREA: .32± acres CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County Rural and Volusia County Low Impact Urban ZONING DISTRICT: Volusia County R-3 (Urban Single Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Single Family Residence Low Density Residential R-2 (Single-Family Residential) East Single Family Residence Volusia County Volusia County R-3 Urban Low Intensity (Single-Family Residential) South Single Family Residence Volusia County Volusia County R-3 Urban Low Intensity (Single-Family Residential) West Single Family Residence Medium Density R-4 (Multi-Family Residential) Residential Background: The subject property is located east of Meadow Lake Drive and south of 28th Street. The applicant is seeking annexation as well as amendments to the City's Future Land Use and Zoning Maps to include this .32± acre parcel. Land Use Compatibility: The proposed low density single-family residential use is compatible with the adjacent properties. Adequate Public Facilities: This site has access to 28th Street. City water and sewer services are available. Comprehensive Plan Consistency: Per the Future Land Use Element of the Comprehensive Plan, the City shall "...maintain regulations for land use categories within the City and a Future Land Use Map (FLUM) to ensure the coordination of future land uses with existing and adjacent land uses." Volusia County - Low Impact Urban(LIU) This designation consists of lands which are determined to be suitable for urban type development, and are adjacent to existing urban development. Lands designated LIU serve as a transition between highly protected natural resource areas and existing urban development. The LIU is primarily a residential designation but may allow limited commercial development. Sites within this designation may be determined to be suitable for urban type development only if they meet the following criteria: 1) The Planned Unit Development zoning process will be used to implement the LIU provisions. 2) The site is serviced by central utilities at the time of application for development approval. 3) The gross residential density does not exceed one (1) dwelling unit per acre. 4) At least twenty percent (20%) of the total development site is set aside for the preservation of upland habitat sited in an ecologically strategic manner (e.g., adjacent to wetlands). 5) Encroachment into wetlands and wetland buffers shall be avoided to the maximum extent practicable. 6) Residential developments are clustered and individual residential lots in subdivisions cannot exceed one (1) acre in size. 7) Low intensity, commercial development may be allowed in the LIU designation only if it meets the following criteria: a) The development does not exceed a Floor Area Ration of thirty-five percent (0.35 FAR) b) The proposed use is ancillary to residential development in the immediate area. Nonresidential developments intended to serve the community or regional market area (see Shopping Center definition in Chapter 20) are not allowed in the LIU. c) The buildings within the development are clustered. 8) In order to protect environmental resources and ensure neighborhood compatibility, commercial development proposals may also be required to: a) Use stricter lot coverage or impervious surface ratios. b) Provide increased landscaped buffers and/or open space requirements. c) Reduce the amount of parking on-site either through adjusted parking ratios or reduced parking space size. d) Limit the type of commercial uses allowed. Volusia County—Rural (R) This designation consists of areas which are a mixture of agriculture and low density residential development. Rural areas provide two functions, the first being a transitional use between the agricultural and urban uses and the second would be a rural community which serves as the economic focal point of a small region. Rural areas should be developed in a manner consistent with the retention of agriculture and the protection of environmentally sensitive areas. Strict limitation of development in rural areas contributes to the efficient growth and operation of public services and facilities, thus ensuring the most effective use of public resources. The natural features and constraints will be the primary determinants in deciding whether or not an area is suitable for rural type development. 1) Lands designated as rural shall be developed at a density of one (1) dwelling unit per five (5) acres. This density allowance may be increased under specific conditions as follows: a) The subject parcel is within six-hundred-and-sixty feet (660') of an existing subdivision with a density less than one (1) dwelling unit per five (5) acres. In this case the Rural land may be developed at a similar density not to exceed one (1) dwelling unit per one (1) acre and with lot sizes similar and compatible with said qualifying subdivision. b) The subject parcel is adjacent to an urban land use. In this case the Rural land may develop at a similar density not to exceed one (1) dwelling unit per one (1) acre, or intensity not to exceed a maximum Floor Area Ration of twenty-five percent (0.25 FAR). c) In addition to the above conditions, the appropriateness of allowing densities less than one (1) dwelling unit per five (5) acres will also be subject to the following: i. Compatibility of the proposed development in the context of existing uses, including the proximity of agricultural uses; ii. Public facility capacity in the area, including the availability of paved public roads; iii. Suitability for wells and septic tank usage (i.e. existence of hydric soils); iv. The natural features of the subject parcel such as soils, vegetation, wildlife habitat and flood plain; and, v. If applicable, consistency with Local Plans associated with this Element. 2) There are two subcategories of the rural designation that address past development decisions. These subcategories are Rural Community and Rural Recreation. They are identified on the Special Rural Areas Map Series, presented in Appendix 1. These areas of intense or potentially intense development provide the mixed use concept to the rural areas. They help limit urban sprawl by providing services not necessarily found in remote rural areas thus reducing the number of trips out of these rural areas. Also allowing some limited urban type of development may help promote economic growth in the rural areas as well. In designated Rural Communities and Rural Recreation areas where densities are greater than one (1) unit per acre, existing platted lots, undeveloped subdivisions, or other pre-existing developments shall be permitted subject to zoning requirements. However, any new development or subdivision of land shall have to comply with current County regulations. (a) Rural Community- A rural community is characterized by a concentration of a permanent population, sometimes reaching over one-thousand (1,000) persons. These communities serve as the focal point for a specific neighborhood and generally contain existing lots less than one (1) acre in size. There may be commercial uses at a level to serve the immediate population. Commercial, retail and personal services may be allowed within the lower end of the range of what can commonly be referred to as a neighborhood business (30,000 to 50,000 sq. ft. of gross leasable area) and shall not exceed a thirty-five percent Floor Area Ratio (0.35 FAR). The community commonly extends between one-half('/2) to one (1) mile from the focal point which is usually the intersection of two rural roads. A rural community may retain the zoning classifications that exist at the time of adoption of the Comprehensive Plan. A change in zoning must be consistent with the overlying land use designation, however, if existing zoning is more intense than the land use designation, a change to a similar intensity zoning classification may be permitted (e.g., small lot single family residential to small lot mobile home). Existing agricultural operations shall be allowed even if currently zoned for nonagricultural uses. The following areas are considered Rural Communities: i. Seville ii. Barberville iii. Volusia iv. Cassadaga v. DeLeon Springs vi. Emporia (b) Rural Recreation- Limited areas of intense use located in remote rural areas along the St. Johns River. These areas are used for launching and/or storing boats with areas available for camping (RV sites are included). These areas may also contain single and multi-family dwelling units, hotels, bait shops, restaurants, and gas stations. Many of them are commonly referred to as fish camps. This designation is intended to be treated in a similar manner as the Rural Community in that the existing zoning (at the time of the effective date of the Comprehensive Plan) may remain and be developed consistent with current land development regulations. New requests for zoning changes must be consistent with the Comprehensive Plan, as stated under Rural Community. The following areas are considered Rural Recreation areas: i. Pine Island ii. Shell Harbor Estates iii. Volusia Bar iv. South Moon v. Paramore vi. Highland Park vii. Daisy Lake viii. Crows Bluff ix. St. Johns River Acres x. Lemon Bluff xi. Baxter Point xii. Lakeview xiii. St. Johns Gardens City of Edgewater—Low Density Residential (1.0 to 4.0 units per net acre This residential category is typically a suburban area dominated by detached single-family homes on quarter-acre lots. This is the predominant land use within the City. Conservation Overlay: The Conservation Overlay area shown on the City's FLUM is intended to protect areas that may potentially contain protected wildlife habitat areas, hydric soils/wetlands, mangrove swamps, estuarine marsh ecotone, freshwater marshes or special vegetative communities. Included within the Conservation Overlay definition are areas within a public water well radius of 500 feet, within the 100-year floodplain, and other areas subject to environmental or topographic constraints. The area designated as Conservation Overlay on the FLUM is not intended to prevent development, but rather identify sensitive areas that need to be reviewed carefully during the review process to determine whether development should be permitted or if some form of mitigation may be necessary. If the areas are determined not to be sensitive, than the underlying land use development density and/or intensity will be applicable. Other Matters: None STAFF RECOMMENDATION Staff recommends approval of Ordinance 2013-0-12, an amendment to the Comprehensive Plan Future Land Use Map to include .32± acres of property located east of Meadow Lake Drive and south of 28th Street as Low Density Residential with Conservation Overlay. ACTION REQUESTED: Motion to approve Ordinance 2013-0-12. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM # Resctfully sub itted, Concurrence: Darre Lear Robin L. Matusick Development Services Director Paralegal/4race arlow Cit/34yrIV/S1 ger ORDINANCE NO. 2013-0-12 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2010-0-23 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY URBAN LOW INTENSITY TO CITY LOW DENSITY RESIDENTIAL WITH CONSERVATION OVERLAY FOR .32± ACRES OF CERTAIN REAL PROPERTY LOCATED EAST OF MEADOW LAKE DRIVE AND SOUTH OF 28TH STREET, EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, 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 AN EFFECTIVE DATE. WHEREAS, from time to time it becomes necessary to amend the City of Edgewater Comprehensive Plan, and WHEREAS, a Public Hearing on the question of designating a future land use classification of the property hereinafter described has been duly held in the City of Edgewater, Florida and at such hearing, interested parties and citizens for and/or against the proposed designation of the future land use classification was heard; and WHEREAS, such amendments are permitted subject to the provisions of Chapter 163, F.S. WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency, held an advertised Public Hearing pursuant to 163.3164(30) & 163.3174(4)(a), Fla. Stat. (2012), on Wednesday, August 14, 2013, on the proposed Plan Amendment; WHEREAS, the City Council feels it is in the best interests of the citizens of the City of Strip passages are deleted. Underlined passages are added. #2013-0-12 Edgewater to amend its 2011 Comprehensive Plan as more particularly set forth hereinafter. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: PART A. AMENDMENT. Article I, Section 21-04 of the City of Edgewater's Land Development Code, as amended and supplemented, adopting the Comprehensive Plan of the City of Edgewater, Florida, regulating and restricting the use of lands located within the City of Edgewater, Florida, shall be amended by this plan map amendment to: Amend the Official Future Land Use Map to include property as Low Density Residential with Conservation Overlay (.32 + acres) for property described in Exhibits "A" and "B". 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. (2012). The City Council shall hold at least TWO (2) advertised Public Hearings on the proposed Comprehensive Plan Amendment. The first publication shall appear at least SEVEN (7) days before the first Public Hearing (Transmittal Hearing). 163.3184 (11), Fla. Stat. (2012). The second publication shall appear at least FIVE (5) days before the second Public Hearing (Adoption Hearing). The required advertisement shall be no less than two columns wide by TEN inches (10") long in a standard- size or tabloid-size newspaper, and the headline in the advertisement shall be no smaller than EIGHTEEN (18) point. The advertisement shall not be placed in a portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the City of Edgewater, and of general interest and readership in the municipality, not one of limited subject matter, pursuant to Chapter 50 of the Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is Strike4hfeugh passages are deleted. Underlined passages are added. #2013-0-12 published at least FIVE (5) days a week, unless the only newspaper in the municipality is published less than FIVE (5) days a week. The advertisement shall substantially be in the following form: Notice of Land Use Change The City of Edgewater proposes to adopt the following ordinance: ORDINANCE NO. 2013-0-12 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2010-0-23 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY URBAN LOW INTENSITY TO CITY LOW DENSITY RESIDENTIAL WITH CONSERVATION OVERLAY FOR .32± ACRES OF CERTAIN REAL PROPERTY LOCATED EAST OF MEADOW LAKE DRIVE AND SOUTH OF 28TH STREET, EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, 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 AN EFFECTIVE DATE. A public hearing (transmittal stage) on the ordinance changing the Future Land Use Map will be held on August 19, 2013 at 6:00 p.m. at the Community Center, 102 N. Riverside Drive, Edgewater, Florida 32132. (map for insertion into the advertisement is attached hereto and incorporated herein as Exhibit "B') The advertisement shall contain a geographical-location map which clearly indicates the area covered by the proposed ordinance. The map shall also include major street names as a means of Stri ough passages are deleted. Underlined passages are added. #2013-0-12 identification of the general area. PART C. PUBLIC HEARINGS. As a condition precedent to the adoption of this ordinance amending the City's 2011 Comprehensive Plan, the City Council shall hold at least two advertised public hearings on the 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), Fla. Stat. (2012). 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. The Adoption Hearing shall be held within 180 days of the Department of Economic Opportunity having issued its Objections, Comments, and Recommendations Report to the City. PART D. TRANSMITTAL OF AMENDMENTS TO PLAN. Immediately following the Transmittal Hearing, the City Manager or his designee shall send ONE (1) paper copy and TWO (2) electronic copies of the proposed Plan Amendment to the Florida Department of Economic Opportunity, Division of Community Planning, and all other items specified to be transmitted in accordance with Chapter 163, Fla. Stat. (2012). The City Manager or his designee shall also, immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendment to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St. Johns River Water Management District, (Water Management District), Florida Department of Transportation, Department of Environmental Protection and to any other unit of local government or governmental agency in the State that has filed a written request with the City of Edgewater for a copy of such plan amendment. Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee shall transmit FIVE (5) copies of the Plan Amendment and a copy of this Strike-through passages are deleted. Underlined passages are added. #2013-0-12 ordinance to the Florida Department of Economic Opportunity. The City Manager or his designee shall also transmit within TEN (10) working days a copy of the adopted Amendment to the Comprehensive Plan to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St. Johns River Water Management District (Water Management District), Florida Department of Transportation, and Department of Environmental Protection. PART E. 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 F. EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PART G. 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. StFike4hrettgh passages are deleted. Underlined passages are added. #2013-0-12 PART F. ADOPTION. After Motion to approve by , with Second by , the vote on the first reading of this ordinance held on August 19, 2013, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter stFike-thfeugh passages are deleted. Underlined passages are added. #2013-0-12 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 of legality by: Aaron R. Wolfe, Esquire 2013 under Agenda Item No. 8 . City Attorney Doran, Sims, Wolfe& Kundid Stfike-threugh passages are deleted. Underlined passages are added. #2013-0-12 EXHIBIT "A" LEGAL DESCRIPTION The Northerly 100 feet of the Westerly 140 feet of Lot 11, Edgewater Country Estates (Unit #1), according to the map or plat thereof, as recorded in Map Book 11, Page 247, of the Public Records of Volusia County, Florida. Together with: 50% of the subsurface mineral rights in and to The Northerly 100 feet of the Westerly 140 feet of Lot 11, Edgewater Country Estates (Unit #1), according to the map or plat thereof, as recorded in Map Book 11, Page 247, of the Public Records of Volusia County, Florida. (Official Records Book 5782, Page 2604) Strik passages are deleted. Underlined passages are added. #2013-0-12 EXHIBIT "B" Stfike4hfeugh passages are deleted. 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J . is .,.,:,! 17 a -1-''/%49:e ' _... ,,, , "F„,..4 CD 0. ♦.++ AGENDA REQUEST C.A. #2013-RZ-1302 Date: August 7, 2013 PUBLIC HEARING August 19, 2013 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 1St Reading Ordinance No. 2013-0-13 Rosemary Walker, applicant requesting an amendment to the Official Zoning Map to include .32± acres of property located east of Meadow Lake Drive and south of 28th Street as R-2 (Single-Family Residential) OWNER: Southeast Volusia Habitat for Humanity APPLICANT/AGENT: Rosemary Walker REQUESTED ACTION: Amendment to the Official Zoning Map to include property as R-2 (Single- Family Residential) PROPOSED USE: Single Family Residential LOCATION: East of Meadow Lake Drive and south of 28th Street AREA: .32± acres CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County Rural and Volusia County Low Impact Urban ZONING DISTRICT: Volusia County R-3 (Urban Single Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Single Family Residence Low Density Residential R-2 (Single-Family Residential) East Single Family Residence Volusia County Volusia County R-3 Urban Low Intensity (Single-Family Residential) South Single Family Residence Volusia County Volusia County R-3 Urban Low Intensity (Single-Family Residential) West Single Family Residence Medium Density R-4 (Multi-Family Residential) Residential Background: The subject property is located east of Meadow Lake Drive and south of 28th Street. The applicant is seeking annexation as well as amendments to the City's Future Land Use and Zoning Maps to include this .32± acre parcel. Land Use Compatibility: The proposed low density single-family residential use is compatible with the adjacent properties. Adequate Public Facilities: This site has access to 28th Street. City water and sewer services are available. Comprehensive Plan Consistency: Per Table III-1 of the Land Development Code the proposed R-2 (Single-Family Residential) zoning district is compatible with the proposed Low Density Residential Future Land Use designation. Other Matters: None STAFF RECOMMENDATION Staff recommends approval of Ordinance 2013-0-13, an amendment to the Official Zoning Map to include .32± acres of property located east of Meadow Lake Drive and south of 28th Street as R-2 (Single-Family Residential). ACTION REQUESTED: Motion to approve Ordinance 2013-0-13. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM # Res s t ctfully sub ted, Concurrence: Dane Lear 4 Robin L. Matusick Development Services Director Parale.al r.cey " . Barlow City anager ORDINANCE NO. 2013-0-13 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY R-3 (URBAN SINGLE- FAMILY RESIDENTIAL) TO CITY R-2 (SINGLE FAMILY RESIDENTIAL) FOR .32± ACRES OF PROPERTY LOCATED EAST OF MEADOW LAKE DRIVE AND SOUTH OF 28TH STREET, EDGEWATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Southeast Volusia Habitat for Humanity, Inc. is the owner/applicant of property located east of Meadow Lake Drive and south of 28th Street, within Volusia County, Florida. Subject property contains approximately .32 + acres. 2. The owner/applicant has submitted an application for a change in zoning classification from County R-3 (Urban Single-Family Residential) to City R-2 (Single Family Residential) for the property described herein. 3. On August 14, 2013 the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification. 4. On August 19, 2013, the City Council considered on first reading/public hearing the proposed change in the zoning classification after publication of such hearing in the Daytona Beach News Journal on August 8, 2013. 5. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 6. The proposed change in zoning classification is not contrary to the established Strike-thfeugh passages are deleted. Underlined passages are added. #2013-0-13 land use pattern. 7. The proposed change in zoning classification will not adversely impact public facilities. 8. The proposed change in zoning classification will not have an adverse effect on the natural environment. 9. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA. The zoning classification for the following described property is hereby changed from County R-3 (Urban Single-Family Residential) to City R-2 (Single Family Residential) for the property described in Exhibit"A". PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. Strike-through passages are deleted. Underlined passages are added. #2013-0-13 If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion to approve by Councilman Ignasiak, with Second by Councilwoman Bennington, the vote on the first reading of this ordinance held on August 19, 2013, was as follows: AYE NAY Mayor Mike Thomas Councilman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on , 2013, was as Strike through passages are deleted. Underlined passages are added. #2013-0-13 follows: AYE NAY Mayor Mike Thomas Councilman 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 8 Doran, Sims, Wolfe&Kundid Strike through passages are deleted. Underlined passages are added. #2013-0-13 EXHIBIT "A" LEGAL DESCRIPTION The Northerly 100 feet of the Westerly 140 feet of Lot 11, Edgewater Country Estates (Unit #1), according to the map or plat thereof, as recorded in Map Book 11, Page 247, of the Public Records of Volusia County, Florida. Together with: 50% of the subsurface mineral rights in and to the Northerly 100 feet of the Westerly 140 feet of Lot 11, Edgewater Country Estates (Unit#1), according to the map or plat thereof, as recorded in Map Book 11, Page 247, of the Public Records of Volusia County, Florida. (Official Records Book 5782, Page 2604) Strike-through passages are deleted. Underlined passages are added. #2013-0-13 &-F AGENDA REQUEST C.A. #2013-AN-1304 Date: August 7, 2013 PUBLIC HEARING August 19, 2013 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 1st Reading Ordinance No. 2013-0-14 Ronald Caldwell, applicant requesting annexation of 10.50± acres of property located at 195 Godfrey Road OWNER: Ronald Caldwell APPLICANT/AGENT: Ronald Caldwell REQUESTED ACTION: Annexation PROPOSED USE: Residential LOCATION: 195 Godfrey Road AREA: 10.50± acres CURRENT LAND USE: Residential FLUM DESIGNATION: Volusia County Urban Low Intensity ZONING DISTRICT: Volusia County R-3W (Urban Single Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Volusia County Vacant/Undeveloped Volusia County R-3W Urban Low Intensity (Urban Single-Family Residential) East Indian River Indian River Indian River South Volusia County Volusia County Single Family Residence Urban Medium R-4W Intensity (Urban Single-Family Residential) West Vacant Undeveloped; Volusia County Volusia County Single Family Residence Urban Low Intensity R-3W (Urban Single-Family Residential) Background: The subject property contains a single family residence that was built in 1981 and an additional single family residence that was built in 2006. The applicant is seeking annexation as well as amendments to the City's Future Land Use and Zoning Maps to include this 10.50± acre parcel. Land Use Compatibility: The proposed low density single-family residential use is compatible with the adjacent properties. Adequate Public Facilities: This site has access to Godfrey Road. City water service is available. Other Matters: None STAFF RECOMMENDATION Staff recommends approval of Ordinance 2013-0-14, annexation of 10.50± acres of property located at 195 Godfrey Road. ACTION REQUESTED: Motion to approve Ordinance 2013-0-14. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM # Respt tfully submf d, Concurrence: Dane ear Robin L. Matusick Development Services Director Paralegal / I1 ,J/�►/ racey Barlow City anager ORDINANCE NO. 2013-0-14 AN ORDINANCE ANNEXING 10.50± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 195 GODFREY ROAD, VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE CITY OF EDGEWATER CORPORATE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE DEPARTMENT OF STATE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Ronald Scott Caldwell has applied for annexation of property located at 195 Godfrey Road, within Volusia County, Florida. Subject property contains approximately 10.50 + acres. 2. The owners/applicants have voluntarily petitioned (applied) the City of Edgewater for annexation pursuant to Section 171.044, Florida Statutes. 3. The property is contiguous to the City's boundaries and the conditions for annexation and the economics thereof are satisfactory. 4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated to include the property described herein. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEWATER, FLORIDA. 1 Strike through passages are deleted. Underlined passages are added. #2013-0-14 1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality. 2. The boundaries of the City of Edgewater are hereby redefined to include the property described herein and depicted in the map identified as Exhibit"B". 3. Pursuant to Section 2.01 of the Charter of the City of Edgewater, Florida, that certain document entitled "Description of City of Edgewater Corporate Limits" shall be amended accordingly. 4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia County Manager, the Mapping Division of the Volusia County Growth Management Department, and the Department of State. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. 2 Strike gh passages are deleted. Underlined passages are added. #2013-0-14 PART D. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART F. ADOPTION. After Motion to approve by , with Second by , the vote on the first reading of this ordinance held on August 19, 2013, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter 3 Strip passages are deleted. Underlined passages are added. #2013-0-14 After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter PASSED AND DULY ADOPTED this day of 2013. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day of legality by: Aaron R. Wolfe, Esquire 2013 under Agenda Item No. 8 . City Attorney Doran, Sims, Wolfe & Kundid 4 Strike through passages are deleted. Underlined passages are added. #2013-0-14 EXHIBIT "A" LEGAL DESCRIPTION A portion of the South 771.3 feet of the North 1731.3 feet of the Jane Murray Grant in Sections 48 and 49, Township 18 South, Range 34 East lying Easterly of U.S. Highway No. 1 except the Westerly 1350 feet and a portion of C.E. McHardy Grant in Section 49, Township 18 South, Range 34 East and lands lying Easterly of said South 771.3 feet of the North 1731.3 feet of the said Jane Murray Grant and Easterly of a portion of C.E. McHardy Grant and a portion of the 10- foot planting area lying Northerly of and adjacent to Godfrey Road a 50 foot right-of-way as shown on plat of Resubdivision of Waterway Park Section 1, according to the plat thereof as recorded in Map Book 19, Page 269 of the Public Records of Volusia County, Florida and being described as follows: Commence at the Southwesterly corner of said 10-foot planting area lying Northerly of and adjacent to Godfrey Road as shown on plat of Resubdivision of Waterway Park Section 1, according to the plat thereof as recorded in Map Book 19, Page 269 of the Public Records of Volusia County, Florida; thence along the monumented Southerly line of the said 10- foot planting area and the Northerly right-of-way line of Godfrey Road, run N69°06'17"E for a distance of 1350.10 feet; thence run N22°52'29"W along the East Line of the Westerly 1350 feet of the Jane Murray Grant lying Easterly of U.S. Highway No. 1 for a distance of 784.79 feet to the monumented Northerly line of the South 771.3 feet of the North 1731.3 feet of the Jane Murray Grant; thence N 68°58'26"E along monumented Northerly line of the South 771.3 feet of the North 1731.3 feet of the Jane Murray Grant and its Easterly prolongation for a distance of 2161.87 feet to the mean high water of Indian River North per FDEP MHW Survey File 1161 and per Dan Cory survey dated 06-10-94; thence along said mean high water line for the following four (4) courses, S37°45'07"E for a distance of 25.43 feet; thence S24°46'47"E for a distance of 78.46 feet; thence S28°12'19"E for a distance of 71.55 feet; thence S27°38'06"E for a distance of 26.53 for the Point of Beginning; thence continue along said mean high water line for the following fourteen (14) courses, S27°38'06"E for a distance of 79.04 feet; thence S20°45'14"E for a distance of 26.64 feet; thence S19°53'35"E for a distance of 68.89 feet; thence S03°44'32"W for a distance of 23.51 feet; thence S20°06'58"E for a distance of 78.88 feet; thence S21°31'14"E for a distance of 102.28 feet; thence S21°42'31"E for a distance of 77.07 feet; thence S22°21'00"E for a distance of 91.50 feet; thence S06°51'16"E for a distance of 9.96 feet; thence S29°21'06"W for a distance of 3.81 feet; thence S17°22'28E for a distance of 2.98 feet; thence S64°35'00"E for a distance of 5.51 feet; thence S25°19'26"E for a distance of 14.08 feet; thence S25°19'26"E for a distance of 1.24 feet; to a point on the Easterly prolongation of the Northerly line of the said 10-foot planting area thence S69°06'01"W along Northerly line of the Easterly prolongation of the said 10-foot planting area to the Northeast corner of said 10-foot planting area a distance of 716.59; thence run S14°57'45"E for a distance of 10.05 feet to the Southeast corner of said 10-foot planting area lying Northerly of and adjacent to Godfrey Road as shown on plat of Resubdivision of Waterway Park Section 1, according to the plat thereof as recorded in Map Book 19, Page 269 of the Public Records of Volusia County, Florida; thence run S69°06"34"W along the Southerly right-of-way of said 10 foot planting strip for a distance of 61.55 feet; thence run N22°52'29"W for a distance of 587.65 feet; thence run 5 Strike eugh passages are deleted. Underlined passages are added. #2013-0-14 N68°57'03"E for a distance of 798.35 feet to the Point of Beginning. Containing 10.50 acres more or less. See EASEMENT "A" EASEMENT "A" Being subject to a 30 foot easement for the purposes of ingress, egress and utilities and lying 15 foot each side of the centerline of said easement and being a portion of the South 771.3 feet of the North 1731.3 feet of the Jane Murray Grant, Section 49, Township 18 South, Range 34 East and C.E. McHardy Grant, Section 49, Township 18 South, Range 34 East, and a portion of lands lying Easterly of said South 771.3 feet of the North 1731.3 feet of said Jane Murray Grant and C.E. McHardy Grant, AND a portion of the 10-foot Planting Area lying Northerly of and adjacent to Godfrey Road as shown on plat of Resubdivision of Waterway Park Section 1, according to the plat thereof as recorded in Map Book 19, Page 269 of the Public Records of Volusia County, Florida, and being described as: Commence at the Southwesterly corner of said 10-foot Planting Area, said point also being the intersection of the Northerly right of way of said Godfrey Road and the Easterly right of way of U.S. Highway No. 1; thence North 69°06'17" East, along the Southerly line of said 10-foot Planting Area and along the Northerly line of said Godfrey Road, a distance of 1350.10 feet; thence North 69°06'34" East, along the Southerly line of said 10-foot Planting Area and the Northerly right of way line of said Godfrey Road for a distance of 1396.62 feet for the Point of Beginning and centerline of said easement; thence North 22°52'29" West along said centerline, a distance of 267.36 feet; thence North 09°49'57" West, a distance of 68.80 feet; thence North 12°39'37" East, a distance of 88.20 feet; thence North 45°04'45" East, a distance of 44.81 feet; thence North 71°51'38" East, a distance of 97.23 feet; thence North 63°57'21" East, a distance of 91.27 feet; thence North 45°04'24" East, a distance of 70.50 feet, thence North 21°02'57" West, a distance of 129.64 feet to the Point of Termination. Side lines of said easement to terminate at 90°00'00" left and right from the centerline Point of Termination. Containing 0.591 acres more or less. 6 Strike through passages are deleted. Underlined passages are added. #2013-0-14 EXHIBIT "B" 7 Strike through passages are deleted. Underlined passages are added. #2013-0-14 4 c Ir ,. 0 a)t t 411110111111111111111 - h4 rJ PP mery (j . C \:\., ,C------------'. \ , „‘re------'. . 0 ‘,.111/4. .* .4., c ,__________LN ofirrir\fr. orl, 4 \ * \110A ‘ 1111 ilr;\. Cf- 1144 00' '6 A\N .k\ iy�5 '�'• 'y, t •� ,x./5''4 I 5 .- Vrrrf '5.51 `Iy' ,,, ... 4 yo'.'y • 5 . . ' \ ...)\ \•N'0'-)\\ li. NV 4 '• v.--.10, , • .00 i I.--....0,0.% . 0 is. \ ' 5• `) 1 ry 4 ','- 3 '',, 6' �, "r�' i, 5 5 ,000'. \ \ %I.0041V __,„#....- \ .1' ii, ♦ ,. ' ``. .', , ,mss 4� 1*. ii vitivilf oidi\i„, ;( ,,,,,,,A1 iliiit I •tit C7 4 Clittre.. - . 1.11 ";*)0 • O t „,,A,jii\ii,i4..\ \\--,,--:..," 0 yr - 0 J\I \ '\ AGENDA REQUEST C.A. #2013-CPA-1305 Date: August 7, 2013 PUBLIC HEARING August 19, 2013 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 1st Reading Ordinance No. 2013-0-15 Ronald Caldwell, applicant requesting an amendment to the Comprehensive Plan Future Land Use Map to include 10.50± acres of property located at 195 Godfrey Road as Low Density Residential. OWNER: Ronald Caldwell APPLICANT/AGENT: Ronald Caldwell REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property as Low Density Residential. PROPOSED USE: Residential LOCATION: 195 Godfrey Road AREA: 10.50± acres CURRENT LAND USE: Residential FLUM DESIGNATION: Volusia County Urban Low Intensity ZONING DISTRICT: Volusia County R-3W (Urban Single Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Volusia County Vacant/Undeveloped Volusia County R-3W Urban Low Intensity (Urban Single-Family Residential) East Indian River Indian River Indian River South Volusia County Volusia County Single Family Residence Urban Medium R-4W Intensity (Urban Single-Family Residential) West Vacant Undeveloped; Volusia County Volusia County Single Family Residence Urban Low Intensity R-3W (Urban Single-Family Residential) Background: The subject property contains a single family residence that was built in 1981 and an additional single family residence that was built in 2006. The applicant is seeking annexation as well as amendments to the City's Future Land Use and Zoning Maps to include this 10.50± acre parcel. Land Use Compatibility: The proposed low density single-family residential use is compatible with the adjacent properties. Adequate Public Facilities: This site has access to Godfrey Road. City water services are available. Comprehensive Plan Consistency: Per the Future Land Use Element of the Comprehensive Plan, the City shall "...maintain regulations for land use categories within the City and a Future Land Use Map (FLUM) to ensure the coordination of future land uses with existing and adjacent land uses." Volusia County—Urban Low Intensity (ULI) Areas for low density residential dwelling units with a range of two-tenths (0.2) to four (4) dwelling units per acre. In reviewing rezoning requests, the specific density will depend on locational factors, particularly compatibility with adjacent uses and availability of public facilities. This residential designation is generally characterized by single family type housing, e.g., single family detached and attached, cluster and zero lot line. This designation will allow existing agricultural zoning and uses to continue. The ULI designation is primarily a residential designation but may also allow neighborhood convenience uses (see Shopping Center definition in Chapter 20) and individual office buildings as transitional uses that meet the Comprehensive Plan's location criteria. The commercial intensity shall be limited to no more than a fifty percent Floor Area Ratio (0.50 FAR) and in a manner to be compatible with the allowable residential density. In order to be considered compatible, the commercial development should be oriented to serve adjacent neighborhoods, reflect comparable traffic generation, similar traffic patterns, building scale, landscaping and open space and buffers. Due to the nature of some of the commercial uses, additional landscaping and visual screening shall be provided through the BPUD process when adjacent to low density residential in order to preserve the character of the neighborhood. More intensive neighborhood commercial use shall be reserved to areas designated for Commercial. All requests for nonresidential uses within one-quarter (1/4) mile of another jurisdiction shall require notification to that jurisdiction. City of Edgewater—Low Density Residential (1.0 to 4.0 units per net acre) This residential category is typically a suburban area dominated by detached single-family homes on quarter-acre lots. This is the predominant land use within the City. Other Matters: None STAFF RECOMMENDATION Staff recommends approval of Ordinance 2013-0-15, an amendment to the Comprehensive Plan Future Land Use Map to include 10.50± acres of property located at 195 Godfrey Road as Low Density Residential. ACTION REQUESTED: Motion to approve Ordinance 2013-0-15. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM # Respedt I lly submitte� Concurrence:- _ Darr Lear V Robin L. Matusick Development Services Director Paralegal Trac: T. Barlow Ci Manager ORDINANCE NO. 2013-0-15 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2010-0-23 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY URBAN LOW INTENSITY TO CITY LOW DENSITY RESIDENTIAL FOR 10.50± ACRES OF PROPERTY LOCATED AT 195 GODFREY ROAD, EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, 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 AN EFFECTIVE DATE. WHEREAS, from time to time it becomes necessary to amend the City of Edgewater Comprehensive Plan, and WHEREAS, a Public Hearing on the question of designating a future land use classification of the property hereinafter described has been duly held in the City of Edgewater, Florida and at such hearing, interested parties and citizens for and/or against the proposed designation of the future land use classification was heard; and WHEREAS, such amendments are permitted subject to the provisions of Chapter 163, F.S. WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency, held an advertised Public Hearing pursuant to 163.3164(30) & 163.3174(4)(a), Fla. Stat. (2012), on Wednesday, August 14, 2013, on the proposed Plan Amendment; WHEREAS, the City Council feels it is in the best interests of the citizens of the City of Edgewater to amend its 2011 Comprehensive Plan as more particularly set forth hereinafter. Strike through passages are deleted. Underlined passages are added. #2013-0-15 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: PART A. AMENDMENT. Article I, Section 21-04 of the City of Edgewater's Land Development Code, as amended and supplemented, adopting the Comprehensive Plan of the City of Edgewater, Florida, regulating and restricting the use of lands located within the City of Edgewater, Florida, shall be amended by this plan map amendment to: Amend the Official Future Land Use Map to include property as Low Density Residential (10.50 + acres) for property described in Exhibits "A" and «B» 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. (2012). The City Council shall hold at least TWO (2) advertised Public Hearings on the proposed Comprehensive Plan Amendment. The first publication shall appear at least SEVEN (7) days before the first Public Hearing (Transmittal Hearing). 163.3184 (11), Fla. Stat. (2012). The second publication shall appear at least FIVE (5) days before the second Public Hearing (Adoption Hearing). The required advertisement shall be no less than two columns wide by TEN inches (10") long in a standard- size or tabloid-size newspaper, and the headline in the advertisement shall be no smaller than EIGHTEEN (18) point. The advertisement shall not be placed in a portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the City of Edgewater, and of general interest and readership in the municipality, not one of limited subject matter, pursuant to Chapter 50 of the Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is published at least FIVE (5) days a week, unless the only newspaper in the municipality is Strike through passages are deleted. Underlined passages are added. #2013-0-15 published less than FIVE (5) days a week. The advertisement shall substantially be in the following form: Notice of Land Use Change The City of Edgewater proposes to adopt the following ordinance: ORDINANCE NO. 2013-0-15 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2010-0-23 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY URBAN LOW INTENSITY TO CITY LOW DENSITY RESIDENTIAL FOR 10.50± ACRES OF PROPERTY LOCATED AT 195 GODFREY ROAD, EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, 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 AN EFFECTIVE DATE. A public hearing (transmittal stage) on the ordinance changing the Future Land Use Map will be held on August 19, 2013 at 6:00 p.m. at the Community Center, 102 N. Riverside Drive, Edgewater, Florida 32132. (map for insertion into the advertisement is attached hereto and incorporated herein as Exhibit "B") The advertisement shall contain a geographical-location map which clearly indicates the area covered by the proposed ordinance. The map shall also include major street names as a means of identification of the general area. Strike Stfike4hreugh passages are deleted. Underlined passages are added. #2013-0-15 PART C. PUBLIC HEARINGS. As a condition precedent to the adoption of this ordinance amending the City's 2011 Comprehensive Plan, the City Council shall hold at least two advertised public hearings on the 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), Fla. Stat. (2012). 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. The Adoption Hearing shall be held within 180 days of the Department of Economic Opportunity having issued its Objections, Comments, and Recommendations Report to the City. PART D. TRANSMITTAL OF AMENDMENTS TO PLAN. Immediately following the Transmittal Hearing, the City Manager or his designee shall send ONE (1) paper copy and TWO (2) electronic copies of the proposed Plan Amendment to the Florida Department of Economic Opportunity, Division of Community Planning, and all other items specified to be transmitted in accordance with Chapter 163, Fla. Stat. (2012). The City Manager or his designee shall also, immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendment to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St. Johns River Water Management District, (Water Management District), Florida Department of Transportation, Department of Environmental Protection and to any other unit of local government or governmental agency in the State that has filed a written request with the City of Edgewater for a copy of such plan amendment. Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee shall transmit FIVE (5) copies of the Plan Amendment and a copy of this ordinance to the Florida Department of Economic Opportunity. The City Manager or his Strike gh passages are deleted. Underlined passages are added. #2013-0-15 designee shall also transmit within TEN (10) working days a copy of the adopted Amendment to the Comprehensive Plan to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St. Johns River Water Management District (Water Management District), Florida Department of Transportation, and Department of Environmental Protection. PART E. 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 F. EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PART G. 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. Strike through passages are deleted. Underlined passages are added. #2013-0-15 PART F. ADOPTION. After Motion to approve by , with Second by , the vote on the first reading of this ordinance held on August 19, 2013, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter Strike-through passages are deleted. Underlined passages are added. #2013-0-15 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 of legality by: Aaron R. Wolfe, Esquire 2013 under Agenda Item No. 8 . City Attorney Doran, Sims, Wolfe & Kundid Strike ougi passages are deleted. Underlined passages are added. #2013-0-15 EXHIBIT "A" LEGAL DESCRIPTION A portion of the South 771.3 feet of the North 1731.3 feet of the Jane Murray Grant in Sections 48 and 49, Township 18 South, Range 34 East lying Easterly of U.S. Highway No. 1 except the Westerly 1350 feet and a portion of C.E. McHardy Grant in Section 49, Township 18 South, Range 34 East and lands lying Easterly of said South 771.3 feet of the North 1731.3 feet of the said Jane Murray Grant and Easterly of a portion of C.E. McHardy Grant and a portion of the 10-foot planting area lying Northerly of and adjacent to Godfrey Road a 50 foot right-of-way as shown on plat of Resubdivision of Waterway Park Section 1, according to the plat thereof as recorded in Map Book 19, Page 269 of the Public Records of Volusia County, Florida and being described as follows: Commence at the Southwesterly corner of said 10-foot planting area lying Northerly of and adjacent to Godfrey Road as shown on plat of Resubdivision of Waterway Park Section 1, according to the plat thereof as recorded in Map Book 19, Page 269 of the Public Records of Volusia County, Florida; thence along the monumented Southerly line of the said 10-foot planting area and the Northerly right-of-way line of Godfrey Road, run N69°06'17"E for a distance of 1350.10 feet; thence run N22°52'29"W along the East Line of the Westerly 1350 feet of the Jane Murray Grant lying Easterly of U.S. Highway No. 1 for a distance of 784.79 feet to the monumented Northerly line of the South 771.3 feet of the North 1731.3 feet of the Jane Murray Grant; thence N 68°58'26"E along monumented Northerly line of the South 771.3 feet of the North 1731.3 feet of the Jane Murray Grant and its Easterly prolongation for a distance of 2161.87 feet to the mean high water of Indian River North per FDEP MHW Survey File 1161 and per Dan Cory survey dated 06-10-94; thence along said mean high water line for the following four (4) courses, S37°45'07"E for a distance of 25.43 feet; thence S24°46'47"E for a distance of 78.46 feet; thence S28°12'19"E for a distance of 71.55 feet; thence S27°38'06"E for a distance of 26.53 for the Point of Beginning; thence continue along said mean high water line for the following fourteen (14) courses, S27°38'06"E for a distance of 79.04 feet; thence S20°45'14"E for a distance of 26.64 feet; thence S19°53'35"E for a distance of 68.89 feet; thence S03°44'32"W for a distance of 23.51 feet; thence S20°06'58"E for a distance of 78.88 feet; thence S21°31'14"E for a distance of 102.28 feet; thence S21°42'31"E for a distance of 77.07 feet; thence S22°21'00"E for a distance of 91.50 feet; thence S06°51'16"E for a distance of 9.96 feet; thence S29°21'06"W for a distance of 3.81 feet; thence S17°22'28E for a distance of 2.98 feet; thence S64°35'00"E for a distance of 5.51 feet; thence S25°19'26"E for a distance of 14.08 feet; thence S25°19'26"E for a distance of 1.24 feet; to a point on the Easterly prolongation of the Northerly line of the said 10-foot planting area thence S69°06'01"W along Northerly line of the Easterly prolongation of the said 10-foot planting area to the Northeast corner of said 10-foot planting area a distance of 716.59; thence run S14°57'45"E for a distance of 10.05 feet to the Southeast corner of said 10-foot planting area lying Northerly of and adjacent to Godfrey Road as shown on plat of Resubdivision of Waterway Park Section 1, according to the plat thereof as recorded in Map Book 19, Page 269 of the Public Records of Volusia County, Florida; thence run S69°06"34"W along the Southerly right-of-way of said 10 foot planting strip for a distance of 61.55 feet; thence run N22°52'29"W for a distance of 587.65 feet; thence run N68°57'03"E for a distance of 798.35 feet to the Point of Beginning. Containing 10.50 acres more or less. See EASEMENT "A" Strike-thfaugh passages are deleted. Underlined passages are added. #2013-0-15 EASEMENT "A" Being subject to a 30 foot easement for the purposes of ingress, egress and utilities and lying 15 foot each side of the centerline of said easement and being a portion of the South 771.3 feet of the North 1731.3 feet of the Jane Murray Grant, Section 49, Township 18 South, Range 34 East and C.E. McHardy Grant, Section 49, Township 18 South, Range 34 East, and a portion of lands lying Easterly of said South 771.3 feet of the North 1731.3 feet of said Jane Murray Grant and C.E. McHardy Grant, AND a portion of the 10-foot Planting Area lying Northerly of and adjacent to Godfrey Road as shown on plat of Resubdivision of Waterway Park Section 1, according to the plat thereof as recorded in Map Book 19, Page 269 of the Public Records of Volusia County, Florida, and being described as: Commence at the Southwesterly corner of said 10-foot Planting Area, said point also being the intersection of the Northerly right of way of said Godfrey Road and the Easterly right of way of U.S. Highway No. 1; thence North 69°06'17" East, along the Southerly line of said 10-foot Planting Area and along the Northerly line of said Godfrey Road, a distance of 1350.10 feet; thence North 69°06'34" East, along the Southerly line of said 10-foot Planting Area and the Northerly right of way line of said Godfrey Road for a distance of 1396.62 feet for the Point of Beginning and centerline of said easement; thence North 22°52'29" West along said centerline, a distance of 267.36 feet; thence North 09°49'57" West, a distance of 68.80 feet; thence North 12°39'37" East, a distance of 88.20 feet; thence North 45°04'45" East, a distance of 44.81 feet; thence North 71°51'38" East, a distance of 97.23 feet; thence North 63°57'21" East, a distance of 91.27 feet; thence North 45°04'24" East, a distance of 70.50 feet, thence North 21°02'57" West, a distance of 129.64 feet to the Point of Termination. Side lines of said easement to terminate at 90°00'00" left and right from the centerline Point of Termination. Containing 0.591 acres more or less. Strike through passages are deleted. Underlined passages are added. #2013-0-15 EXHIBIT "B" Strike through passages are deleted. Underlined passages are added. #2013-0-15 __A , ii.:::::>' , \ ..... _\ -,,A 0 . ,.. .„,„„..„..„ . A .......0 ollikri.,•16,_..' `. , awl: ti y ' _.,/\-)-111114 . '1 '-'7- _,.;:-_-:, /-'- ‘_ sf 6--'. - ge.--' . • '.■ * 411110.- - - 1 ,,,,„--- f‘ 6. 0,,..„, iVii**.ill•g / `- S• 1. � � / _- s 11111111 0° fil, .s 4* 0 . • . �� .. r - mmO > c O O o cQ . isko S.- • ** ' • , ',,s " • ' - co-a I?,.Q = ED, E." n g_________„,..\\.' I �• • n ' m �� O r C. ,%00,, *,, • 0 c 3 c ® lopplop I • 1D • V. 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'a Ir_4141♦ 1•.01• �. • ` C� 14 • �� can�3rr g cD -\I\:-‘-\?.. : 0 I t' r IN Ir 1 ' Ali 111,6 Arill a) 0-•=,:. 3 ....1111.1111 \1 0 , b -0 n y djillelle./A, a' o � AGENDA REQUEST \v`� C.A. #2013-RZ-1303 Date: August 7, 2013 PUBLIC HEARING August 19, 2013 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 1st Reading Ordinance No. 2013-0-16 Ronald Caldwell, applicant requesting an amendment to the Official Zoning Map to include 10.50± acres of property located at 195 Godfrey Road as R-1 (Single-Family Residential) OWNER: Ronald Caldwell APPLICANT/AGENT: Ronald Caldwell REQUESTED ACTION: Amendment to the Official Zoning Map to include property as R-1 (Single- Family Residential) PROPOSED USE: Residential LOCATION: 195 Godfrey Road AREA: 10.50± acres CURRENT LAND USE: Residential FLUM DESIGNATION: Volusia County Urban Low Intensity ZONING DISTRICT: Volusia County R-3W (Urban Single Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Volusia County Vacant/Undeveloped Volusia County R-3W Urban Low Intensity (Urban Single-Family Residential) East Indian River Indian River Indian River South Volusia County Volusia County Single Family Residence Urban Medium R-4W Intensity (Urban Single-Family Residential) West Vacant Undeveloped; Volusia County Volusia County Single Family Residence Urban Low Intensity R-3W (Urban Single-Family Residential) Background: The subject property contains a single family residence that was built in 1981 and an additional single family residence that was built in 2006. The applicant is seeking annexation as well as amendments to the City's Future Land Use and Zoning Maps to include this 10.50± acre parcel. Land Use Compatibility: The proposed low density single-family residential use is compatible with the adjacent properties. Adequate Public Facilities: This site has access to Godfrey Road. City water services are available. Comprehensive Plan Consistency: Per Table III-1 of the Land Development Code the proposed R-1 (Single-Family Residential) zoning district is compatible with the proposed Low Density Residential Future Land Use designation. Other Matters: None STAFF RECOMMENDATION Staff recommends approval of Ordinance 2013-0-16, an amendment to the Official Zoning Map to include 10.50± acres of property located at 195 Godfrey Road as R-1 (Single-Family Residential). ACTION REQUESTED: Motion to approve Ordinance 2013-0-16. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM # Res.-ctfully sub r tted, Concurrence: • Darren Lear Robin L. Matusick Development Se ices Director Parale,,al Tracey '. Barlow City anager ORDINANCE NO. 2013-0-16 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY R-3W (URBAN SINGLE-FAMILY RESIDENTIAL) TO CITY R-1 (SINGLE FAMILY RESIDENTIAL) FOR 10.50± ACRES OF PROPERTY LOCATED AT 195 GODFREY ROAD, EDGEWATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Ronald Scott Caldwell is the owner/applicant of property located at 195 Godfrey Road, within Volusia County, Florida. Subject property contains approximately 10.50 + acres. 2. The owner/applicant has submitted an application for a change in zoning classification from County R-3W (Urban Single-Family Residential) to City R-1 (Single Family Residential) for the property described herein. 3. On August 14, 2013 the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification. 4. On August 19, 2013, the City Council considered on first reading/public hearing the proposed change in the zoning classification after publication of such hearing in the Daytona Beach News Journal on August 8, 2013. 5. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 6. The proposed change in zoning classification is not contrary to the established land use pattern. Strik h passages are deleted. Underlined passages are added. #2013-0-16 7. The proposed change in zoning classification will not adversely impact public facilities. 8. The proposed change in zoning classification will not have an adverse effect on the natural environment. 9. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA. The zoning classification for the following described property is hereby changed from County R-3W (Urban Single-Family Residential) to City R-1 (Single Family Residential) for the property described in Exhibit"A". PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, Strike through passages are deleted. Underlined passages are added. #2013-0-16 inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion to approve by Councilman Ignasiak, with Second by Councilwoman Bennington, the vote on the first reading of this ordinance held on August 19, 2013, was as follows: AYE NAY Mayor Mike Thomas Councilman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on , 2013, was as follows: Strike through passages are deleted. Underlined passages are added. #2013-0-16 AYE NAY Mayor Mike Thomas Councilman 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 8 Doran, Sims, Wolfe&Kundid Strike through passages are deleted. Underlined passages are added. #2013-0-16 EXHIBIT "A" LEGAL DESCRIPTION A portion of the South 771.3 feet of the North 1731.3 feet of the Jane Murray Grant in Sections 48 and 49, Township 18 South, Range 34 East lying Easterly of U.S. Highway No. 1 except the Westerly 1350 feet and a portion of C.E. McHardy Grant in Section 49, Township 18 South, Range 34 East and lands lying Easterly of said South 771.3 feet of the North 1731.3 feet of the said Jane Murray Grant and Easterly of a portion of C.E. McHardy Grant and a portion of the 10-foot planting area lying Northerly of and adjacent to Godfrey Road a 50 foot right-of-way as shown on plat of Resubdivision of Waterway Park Section 1, according to the plat thereof as recorded in Map Book 19, Page 269 of the Public Records of Volusia County, Florida and being described as follows: Commence at the Southwesterly corner of said 10-foot planting area lying Northerly of and adjacent to Godfrey Road as shown on plat of Resubdivision of Waterway Park Section 1, according to the plat thereof as recorded in Map Book 19, Page 269 of the Public Records of Volusia County, Florida; thence along the monumented Southerly line of the said 10-foot planting area and the Northerly right-of-way line of Godfrey Road, run N69°06'17"E for a distance of 1350.10 feet; thence run N22°52'29"W along the East Line of the Westerly 1350 feet of the Jane Murray Grant lying Easterly of U.S. Highway No. 1 for a distance of 784.79 feet to the monumented Northerly line of the South 771.3 feet of the North 1731.3 feet of the Jane Murray Grant; thence N 68°58'26"E along monumented Northerly line of the South 771.3 feet of the North 1731.3 feet of the Jane Murray Grant and its Easterly prolongation for a distance of 2161.87 feet to the mean high water of Indian River North per FDEP MHW Survey File 1161 and per Dan Cory survey dated 06-10-94; thence along said mean high water line for the following four (4) courses, S37°45'07"E for a distance of 25.43 feet; thence S24°46'47"E for a distance of 78.46 feet; thence S28°12'19"E for a distance of 71.55 feet; thence S27°38'06"E for a distance of 26.53 for the Point of Beginning; thence continue along said mean high water line for the following fourteen (14) courses, S27°38'06"E for a distance of 79.04 feet; thence S20°45'14"E for a distance of 26.64 feet; thence S19°53'35"E for a distance of 68.89 feet; thence S03°44'32"W for a distance of 23.51 feet; thence S20°06'58"E for a distance of 78.88 feet; thence S21°31'14"E for a distance of 102.28 feet; thence S21°42'31"E for a distance of 77.07 feet; thence S22°21'00"E for a distance of 91.50 feet; thence S06°51'16"E for a distance of 9.96 feet; thence S29°21'06"W for a distance of 3.81 feet; thence S17°22'28E for a distance of 2.98 feet; thence S64°35'00"E for a distance of 5.51 feet; thence S25°19'26"E for a distance of 14.08 feet; thence S25°19'26"E for a distance of 1.24 feet; to a point on the Easterly prolongation of the Northerly line of the said 10-foot planting area thence S69°06'01"W along Northerly line of the Easterly prolongation of the said 10-foot planting area to the Northeast corner of said 10-foot planting area a distance of 716.59; thence run S14°57'45"E for a distance of 10.05 feet to the Southeast corner of said 10-foot planting area lying Northerly of and adjacent to Godfrey Road as shown on plat of Resubdivision of Waterway Park Section 1, according to the plat thereof as recorded in Map Book 19, Page 269 of the Public Records of Volusia County, Florida; thence run S69°06"34"W along the Southerly right-of-way of said 10 foot planting strip for a distance of 61.55 feet; thence run N22°52'29"W for a distance of 587.65 feet; thence run N68°57'03"E for a distance of 798.35 feet to the Point of Beginning. Containing 10.50 acres more or less. See EASEMENT "A" Strike-thfough passages are deleted. Underlined passages are added. #2013-0-16 EASEMENT "A" Being subject to a 30 foot easement for the purposes of ingress, egress and utilities and lying 15 foot each side of the centerline of said easement and being a portion of the South 771.3 feet of the North 1731.3 feet of the Jane Murray Grant, Section 49, Township 18 South, Range 34 East and C.E. McHardy Grant, Section 49, Township 18 South, Range 34 East, and a portion of lands lying Easterly of said South 771.3 feet of the North 1731.3 feet of said Jane Murray Grant and C.E. McHardy Grant, AND a portion of the 10-foot Planting Area lying Northerly of and adjacent to Godfrey Road as shown on plat of Resubdivision of Waterway Park Section 1, according to the plat thereof as recorded in Map Book 19, Page 269 of the Public Records of Volusia County, Florida, and being described as: Commence at the Southwesterly corner of said 10-foot Planting Area, said point also being the intersection of the Northerly right of way of said Godfrey Road and the Easterly right of way of U.S. Highway No. 1; thence North 69°06'17" East, along the Southerly line of said 10-foot Planting Area and along the Northerly line of said Godfrey Road, a distance of 1350.10 feet; thence North 69°06'34" East, along the Southerly line of said 10-foot Planting Area and the Northerly right of way line of said Godfrey Road for a distance of 1396.62 feet for the Point of Beginning and centerline of said easement; thence North 22°52'29" West along said centerline, a distance of 267.36 feet; thence North 09°49'57" West, a distance of 68.80 feet; thence North 12°39'37" East, a distance of 88.20 feet; thence North 45°04'45" East, a distance of 44.81 feet; thence North 71°51'38" East, a distance of 97.23 feet; thence North 63°57'21" East, a distance of 91.27 feet; thence North 45°04'24" East, a distance of 70.50 feet, thence North 21°02'57" West, a distance of 129.64 feet to the Point of Termination. Side lines of said easement to terminate at 90°00'00" left and right from the centerline Point of Termination. Containing 0.591 acres more or less. Strike through passages are deleted. Underlined passages are added. #2013-0-16 AGENDA REQUEST 1 O Date: August 6, 2013 PUBLIC HEARING RESOLUTIONS August 19, 2013 ORDINANCE OTHER CONSENT BUSINESS CORRESPONDENCE ITEM DESCRIPTION: Resolution No. 2013-R-15, Requesting Volusia County Council to allow the City of Edgewater's to assist in full Emergency Medical Services (EMS) transportation. BACKGROUND: The City of Edgewater has been participating in the Emergency Medical Services "pilot" and "contingency" partnership transport program for over 1-year and has seen the efficiencies as well as the enhanced level of service to the citizens and visitors of Volusia County and the City of Edgewater. The City of Edgewater requests the Volusia County Council to authorize the City of Edgewater to assist in full transport. STAFF RECOMMENDATION: Staff recommends approval of Resolution No. 2013-R-15, Requesting Volusia County Council to allow the City of Edgewater's to assist in full Emergency Medical Services (EMS) transportation. ACTION REQUESTED: Motion to approve Resolution No. 2013-R-15 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, Stephen Cousins Robin Matusick Fire Chief Paralegal de" Trac=%T. Barlow Cit anger RESOLUTION NO. 2013-R-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; REQUESTING THE COUNTY OF VOLUSIA COUNTY COUNCIL TO ALLOW THE CITY OF EDGEWATER TO ASSIST IN FULL EMERGENCY MEDICAL SERVICES TRANSPORTATION; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE COUNTY OF VOLUSIA; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater, Florida, desires to assist in the ability to provide the most efficient level of service when providing emergency medical services (EMS) to the citizens and visitors of Volusia County and the City of Edgewater; and WHEREAS, the City of Edgewater Fire Rescue Department was created to provide fire and emergency medical services for the benefit of the citizens and visitors; and WHEREAS, the City of Edgewater remains committed to providing Advanced Life Support (ALS) services to the citizens and visitors through our fire rescue department; and WHEREAS, the City of Edgewater seeks to assist in full EMS transportation services of the citizens and visitors; and WHEREAS, the City Council of the City of Edgewater recognizes that their fire department currently provides transport under the "pilot" and "contingency" transport programs while fully integrated into the countywide dispatch, EMD, RMS and billing programs and the continued use of these programs as an integral part of providing efficient, effective EMS Transport for the citizens and visitors of the County and City; and WHEREAS, the 1-year "pilot" and "contingency" partnership transport program has demonstrated positive working relationships and opportunities for additional efficiencies while enhancing levels of services regarding EMS transportation. NOW, THEREFORE,be it resolved by the City Council of Edgewater, Florida: 2013-R-15 1 Section 1. The City of Edgewater hereby requests authorization from the County of Volusia County Council to assist in the provision of full EMS transport based on current Emergency Medical Dispatch (EMD) guidelines and current transport protocols. Section 2. The City of Edgewater City Council hereby directs City Staff to continue to work with Volusia County Staff and the County Medical Director to establish a partnership whereas the City of Edgewater is permitted to assist in the provision of Full EMS transport and to ensure that reasonable and practical public safety and administrative measures are in place. Section 3. The City Council hereby authorizes the City Clerk to transmit a copy of this Resolution to the County of Volusia requesting their approval. Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5. This resolution shall take effect upon adoption. After a motion by Councilwoman Power with Second by Councilwoman Bennington, the vote on this resolution held on August 19, 2013 was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter 2013-R-15 2 PASSED AND DULY ADOPTED this 19th day of August, 2013. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater Florida. Approved as to form and legality by: at a meeting held on this 19th day of July,2013 under Aaron R. Wolfe,Esquire Agenda Item No 8 . City Attorney Doran, Sims,Wolfe&Kundid 2013-R-15 3 qb AGENDA REQUEST Date: June 11, 2013 PUBLIC HEARING RESOLUTION ORDINANCE OTHER BOARD APPOINTMENT x CONSENT BUSINESS July 15, 2013 ITEM DESCRIPTION: Appointment recommendation for an open seat on the Economic Development Board. BACKGROUND: There are presently vacancies on the Economic Development Board. The Board reviewed the applications at their June 5th meeting and has made a recommendation for Council. STAFF RECOMMENDATION: Appoint Jeff Berner as a new member to the Economic Development Board for a term of 3 years to replace Robert Lott who was removed from the Board, 9/27/2012. ACTION REQUESTED: Motion to Appoint Jeff Berner to the Economic Development Board for a term of 3 years. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO x PREVIOUS AGENDA ITEM: YES NO x IF SO, DATE: AGENDA ITEM NO. Respectfully submitted, Concurrence: Barbara Kowall/Board Coordinator racey . Bar ow/City Manager Economic Development Board ,. CITY OF EDGc l�i/A Tt RECEIVED ' R liMantlf 22 2012 ADVISORY BOARD—VOLUNTEER APPLICATION Ci Tht CLERK Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s) for which you wish to apply. If applying for more than one Board, you must number in order of your preference. ANIMAL CONTROL CITIZEN CODE ENFORCEMENT* LIBRARY POLICE PENSION* CONSTRUCTION REGULATION* RECREATION&CULTURAL SERVICES ✓ ECONOMIC DEVELOPMENT PLANNING&ZONING* FIREFIGHTERS PENSION* VETERANS PARK AVD.COMMITTEE SCHOOL SCHOLARSHIP COMMITTEE Members of the Boards with an asterisk(*)are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Name *PETER JEFFREY MERE]) r T Address 4 l�oy,4 t, f �� lax F�� e,✓, 7bz Fl. 3 z./'1 1 Home Phone 386 ycq 6 9'/O 9 Business/Cell Phone 386 689 ' '8 3 Ow.►EA or 0..A5•sic t'7eso. LLe. Occupation /4taii Are you a resident of Edgewaterfcs how long V YEAR S owNta t-towvE aunt: 1q90 Is your principal place of employment in Edgewater y ES At the present time, do you serve on any other City Boards or Commissions No if yes,please list each Have you ever served on any Boards, agencies or committees yes if yes,please list each "aoy Jco d7sXIW�10;6 /Jl` E oCiE�yee) LiEA'WA"L) r�b�v �.� dog Fri:P M* REFERENCES—Please list three business and/or personal JOE l�AAA 1+303 a.4-Estcle, ).. .✓ /V.O. Z7894 (.2SX) 297- aV7 Name, address and phone t7a v,d 14 8p LL 727 To.vy L)sw0 EL 6,10 %X 2 72 7 7 (7/5) ?7-Z - 2Z I Name, address and phone F2b Ay j�.� //.S� n.-rep /.!'A;L 404 eR ue.E+ N1' .BR O I r (9/r) et 1-4 7 4 z. Name,address and phone AZ he /0PGPL ' AFT pcemer . /11 I97/-71,9 /e-3 aa e.K bin/8, Few i N✓o Curd EDUCATION High School Cn*►,o;1or.) -4,9 t, 6e,t, L J Qb Z ti ec i. © H. Colleze 6c•�C 1C�zpea//3o ieAivim) /DeR�,r� Co.715coL C pptin.L ILSc t' eotuwceus OHi o `'f Degree(s) WORK EXPERIENCE T?u Re b)9-* m RN n jtR ray- 14am in;ATBFACl+ rclRatr$?/#j 1 Aw3ca Foil eaLaw745 .5 ._Lac1s 7R es a Ai MI/ p e t,rci o ft. p F C I,A i e 17e�9 L LC INTEREST/ACTIVITIES oaK t 1/F.a h.��/ m,Gi X16 i io t R 1 COMMUNITY INVOLVEMENT F Rrs,E des 1471(7- WHY DO YOU DESIRE TO SERVE^ON THIS/THESE BOARD(S)? FEEL � ' CouGd b6L� . € eaN+wtu,vi?. qvl .6 uipip 0R 3 EXPERIENCE/QUALIFICATIONS RELATED TO BOARD(S)APPLYING FOR re A resume or separate sheet with additional information may be included with your application. I understand the responsibilities associated with being a board member, and I have adequate time to serve if appointed. "f ��-- .�L/ 4109/moo • .. icant Signature Date Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386-424-2400. OFFICE USE ONLY Date Application Received 40(7).//c� Date Appointed to Board Board Appointed to Date Resigned from Board 2 ( Pauc CITY OF EDGEWATER ` ` y, RECEIVED 40.447:Te ,V Am IEDGEWATER , ,�,, 01 tll jir ADVISORY BOARD-VOLUNTEER APPLICATION l�'�'Ct�AK Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s) for which you wish to apply. If applying for more than one Board, you must number in order of your preference. ANIMAL CONTROL CITIZEN CODE ENFORCEMENT* X LIBRARY r _ POLICE PENSION* CONSTRUCTION REGULATION* RECREATION&CULTURAL SERVICES Y• ECONOMIC DEVELOPMENT _ _PLANNING&ZONING* FIREFIGHTERS PENSION* VETERANS PARK AVD. COMMITTEE SCHOOL SCHOLARSHIP COMMITTEE Members of the Boards with an asterisk (*) are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Name .. . r f.5 -7-7/- /c Address 11 / ti .t C G A/ , //4 5 1-'; Ve.r Home Phone - y '7- 7 y-5.--A Business/Cell Phone 34'x --.11z4 - ,i 4 ?' I` Occupation ' p e,,L) Are you a resident of Edgewater long y how y r 5 Is your principal place of employment in Edgewater --- 41- At the present time, do you serve on any other City Boards or Commissions /1„/ if yes, please list each Have you ever served on any Boards, agencies or committees A/0 if yes, please list each REFERENCES - Please list three business a d/or personal vn il r�. ._All r ow 4/ :2- on 1i c,(i,�Jn.4,1- F. 6 4-4- l�r. j) 5 0i `l e 9-�j.� e)S N ie, address and phone j�/ or1 .o 11ii 5 c-7A<, t,S2-I_ P :�GA--� l t. 0, ,) 4e Fi 3 i'2,- to 77/- '7 g N e, addres d phone / ' rA t: _ rn..e ,20.410/1/14<1 ci 1 3 C .i4 it J I'. 1 k.`�. I.t . -P 3 q 4_ a b�333 Name, addes ' d phone 1 1.> a. ge EDUCATION J / High School < ' ti . j,�r / h o el, cJ , /6 1 College Degree(s) WORK EXPERIENCE : _ - - , r r R .--/... . .n- 1��.�7- Gr/l��-ham -. INTEREST/ACTIVITIES - L . , /- a te., 0/ 462141E- .. . ( It f • COMMUNITY INVOLVEMENT 7) o /7•e.. WHY DO YOU DESIRE TO SERVE ON THIS/THESE BOARD(S)? f U -e--U157/1't,,." G.9' '°tom 3 4ir-ri zI,.,h_-, 1.1) 'Iv d u,re-zlp, 51-__J Lt.) d-_-_, f> _eh /y .s - EXPERIENCE/QUALIFICATIONS ELATED TO BOARD(S) APPLYING FOR hJ, l/•-,. , ,-.a1 /2_,,_, r., c.. ,...,qA A 4_.e_.,--A,4,e . A resume or separate sheet with additional information may be included with your application. I understand the responsibilities associated with being a board member, and I have adequate time to serve if ..ointed. L ' v t e-e-C i e, /5 Applican gnature Dat Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386-424-2400. OFFICE USE ONLY Date Application Received .1• /G @(. F-4 (�. R. ('07tw- - Date Appointed to Board y Board Appointed to Date Resigned from Board 2IPage • Worked for two years as secretary for State Representative Gary Cunningham— 1970 to 1972. Went to Tallahassee for Legislative Sessions. Worked with Mr. Cunningham in his New Smyrna Beach office and took care of the office when he was out of town. During those two years I also met Mr. J. Hyatt Brown who, at that time, was also a member of the Legislature, and was President of Brown&Brown Insurance in Daytona Beach. When Mr. Cunningham decided not to run for re-election, Mr. Brown hired me to work in the Brown& Brown office and I stayed 29 years,retiring in July of 2004. Prior to moving to Edgewater,I lived in New Smyrna Beach for more than 40 years(in the same house) at 634 Yupon Street. The yard was a big responsibility,plus my son lives in Edgewater and when some condos were built close to him he suggested I sell the house and move to Edgewater—and so here I am. rip GEJS;ivrgRit ADVISORY BOARD—VOLUNTEER APPLICATION Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s)for which you wish to apply. If applying for more than one Board, you must number in order of your preference. ANIMAL CONTROL CITIZEN CODE ENFORCEMENT* LIBRARY POLICE PENSION* CONSTRUCTION REGULATION* RECREATION&CULTURAL SERVICES ✓ECONOMIC DEVELOPMENT PLANNING&ZONING* FIREFIGHTERS PENSION* VETERANS PARK AVD.COMMITTEE Members of the Boards with an asterisk(4)are required to file a Financial Disclosure form within 30 days of appointment. PERSON INFORMATION Name tal /e,e, ttgn Address /t0`f i( ' 1I /rn Ar, ti,e-'r 11 - 3840'6'1g u r�l � Home Phone -ly) Business/Cell Phone Occupation [69 i l r Are you a resident of Edgewater Show long 13 $ . Is your principal place of employment in Edgewater At the present time,do you serve on any other City Boards or Commissions /vU if yes,please list each ve yRu eversIrved on anQardslgenMs p;ypmrpitteps if yes,please list each REFERENCES—Please list three business and/or personal 3b-tiar)' // veer) 3fu nSpr7 � (4w r4Gt l• Ec 1 ?4 362/3x. me ddr d .'.ne �Y aar ess a [Vl • v-S�hmr 0, Ural , . 35,- 53,q' -- 7 Nsne,addre qne 5-id A toner( ' 6i€0,040(- -' I ss andtpthgnel ! ce. rt•r u2vtS ��ctq(,tYL e'� (QO 3a! S'S& - r l�-4'.I: lYl Clv( i (ra.g 5 1 Z rq,,u,I S �OCc�-7G.-j►Yt ' t txx - 3 `1 O 9 1-3° EDUCATION � � ��l)() High School EDUCATION , I e€ , eaffer Sol tras v--PA 1P0 0-t UnG_l - U t`ru,I S PC+C t-1- - N v 444 .4-I2 Degree(s) PIACI U vl co✓ Cot ( A ' rn 11&1(--- WORK EXPERIENCErA Lkt(at'� 1!1'►�t�l c(en+Qtti-�- 3l'S J 7 7 It, .. it*-1? ()NS W, - i(e✓ maia/v-P-5S4-rma i r bzklceGpr ALP' - 40/ Sips, Rt6ortal boitg/(Ircoisid ensuvarcap -j jc , -pacton INTEREST/ACTIVITIES 4/0 4` / -�-t` tt(' / CG o L • 50,rci r‘cb L av 1,0 NA--) • rn i(t�., . 1 fro rr Prl, • , tT blO lk.ec When xk t a q rc�/��-try G�l(OLVS.-/fir__' vav/i'LSD A nd rat ssers . C,O�MMU INVOLVEMENT ? 1 r>>/ &Qd. till l Land /�lt�W4 Schc 7, idian `• Ltenvh-law` POe �tG(vvi�f' zt t!triliz.1 P(, Libi k) #3— ll�ak r JLkufC ftC�ilf �c�cvi A e sS, 61m-h is `T�9`' -CDr �ev4 Sh 4 i f at— � / WHY DO YOU DESIRE TO SERVE ON THIS/THESE BOARD(S)? -N't<nl�'Pc_ lnpw ��Uk Corn IR(.1 ' TT hit a a lVtauv\k Cn C -k,l- it Ic, Q�vttnitunc ,, -tai r aht�d e 1�e1 iil✓ elf (ton nwtlt- c- vpw Ear r' ' IE�E/QU ICATIONS RELATED TO BOARD. S APPLY G FOR G enVitfr - j'' j jpea(s, 1'Wt's4- wnsu vis A buSt�Yip_S QC Agv,j Oer)4 " 5L o-co S -�V✓ WC( tC V r v -1- -; -ktr 4t'vv:t fr cea-t rupGLA - t )t-4etle viet ( r'nt ,wL rr -43r (t©tmrvt tit {�,- a04 etch rlv ` arc�l , busr ssts a> vvart'o�s o tc�- t�'1or ►'c, 4,'1t Uham- t,e4t'wV2vYtQ ,l l�`4ft.lccthovia1 �(vt`` d (GnvtJ A resum-'.r eparate sheet with dditional information may be included with your application. I understand the responsibilities associated with being a board member,and I have adequate time to servi if appointed. 4. A z'l/U) c/d •pplicant Signature Date Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386-424-2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board 2IPage 4 ADVISORY BOARD—VOLUNTEER APPLICATION Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s)for which you wish to apply. If applying for more than one Board, you must number in order of your preference. ANIMAL CONTROL CITIZEN CODE ENFORCEMENT LIBRARY POLICE PENSION* CONSTRUCTION REGULATION* RECREATION&CULTURAL SERVICES ECONOMIC DEVELOPMENT PLANNING&ZONING* FIREFIGHTERS PENSION* VETERANS PARK AVD.COMMITTEE Members of the Boards with an asterisk(*)are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Name t l e.ct he ^ U e.r Ae Address /1 3 1 e;vC oAk ci- Ale,J S.� r.� ,b{L 11 3°134 Home Phone Sgt, yz$ Cl a y o Business/Cell Phone 3 86 a 95- Occupation Illy «171 e r' %'5( Are you a resident of Edgewater how long o��gs o.... ( Ph 5t�..' T k&re y Is your principal place of employment in Edgewater e S 1311 Sg_dy�c-..�ao .Sw,� .2000 At the present time,do you serve on any other City Boards or Commissions A' if yes,please list each Have you ever served on any Boards,agencies or committees ,4/ if yes,please list each REFERENCES—Please list three business and/or personal Name,address and�hone /2 L I(198o-Mai) (^'oft,. I.�) 4: 1 re rye (,J 1 J��a.� fo re.e r 1U,5,6 G 7"int"in r y�90 it yb Name,address and phone P Kn I I J Ur tO" / G g L e o •4 P.� 11a I c \c,,,,der Name, address and phone Pl e d/ l � 1 " Oq !`Ct....cs crf 11 e r .1 5p,,t k w 41, J :, I (Piiuc EDUCATION High School /� (�.(i',1t..�+ ,4 £,— (14eI;.� f 1 College km 5/ k Lh hrc�rgA . / LJAc7 ()AsJe(S:+y /-(;a..■ /410. e(S Degree(s) t S e r• S 4/C sf ca. ;r. S:r, c ( 1 s'i .c' I is.Cry ) WORK EXPERIENCE ib y 5, t a ' 7�Q 7 ;51 �vS:,. ss r" INTEREST/ACTIVITIES C.+ (...)) u:k: } /�a , K k a� 6'r cl C. . -)O OA Work- COMMUNITY / INVOLVEMENT WHY DO YOU DESIRE TO SERVE ON THIS/THESE BOARD(S)? e lc(c, ■•" coGJ5∎•". lot"( S+ j.s- Lc,w°icr .. EXPERIENCE/QUALIFICATIONS RELATED TO BOARD(S)�APPL EYING FOR f� 43l,s. +^ --SS C9w,•Cr tyre V;o 517 ON 1`lor dL i3oorcl of " , I J .S I Tk.r A resume or separate sheet with additional information may be included with your application. I understand the responsibilities associated with being a board member,and I have adequate time to serve if appointed. I c _ 3-/3//3 Signature Dat Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386-424-2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board Wage , OF frso EI3GEWATER Q i1'YCLzRK ADVISORY BOARD—VOLUNTEER APPLICATION Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s)for which you wish to apply. If applying for more than one Boards you must number in order of your preference. ANIMAL CONTROL CITIZEN CODE ENFORCEMENT* LIBRARY POLICE PENSION* CONSTRUCTION REGULATION* RECREATION&CULTURAL SERVICES I ECONOMIC DEVELOPMENT PLANNING&ZONING* FIREFIGHTERS PENSION* VETERANS PARK AVD.COMMITTEE Members of the Boards with an asterisk(*)are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Name C e C i L C • v e/J /Yl 1t IU, -4. g. CcP I Address 7U3 V G t('q re e xi 0 4 L� J e,t),t) It l F, f 2,),/ a" Home Phone 3�-`P3.Is-% Business/Cell Phone 3r6 - 1,62- 7,5"2 5 %1vO � Occupation B 05 i No 5 s 0w N 0✓ Are you a resident of Edgewater 1/p,how long y b.C 13 i Is your principal place of employment in Edgewater ( P5 At the present time,do you serve on any other City Boards or Commissions N/) if yes,please list each Have you ever served on any Boards,agencies or committees /JD if yes,please list each REFERENCES—Please list three business and/or personal KeNW 1361)60J /dolt) .-dl /u efw_s.Pw -y N58- 2/a 9-6'07.72 N me, address and phone ` j ± no ./ OA r iv id C e wAter nl y MT-• 54 - 37/5- Name, address and phone `/ pnvh4 in� C,11115*et' A/ew3inyrna %rea4.— 5(7-- 3$1t Name, address and phone 1Page EDUCATION (� High School ! V�G, r r14 t r&G College jT7 /. � I. /t4fr i 1- Degree(s) 1-i n. . Etf G#rte✓1 i L t vt.3• .-T-e--GL . WORK EXPERIENCE ye5` •J.ro.-,4 5ervi'[eS/ gyear5 0:2/lance .L Svrante.) etc 1 f ,5 /.•1/ psi ltc t'er r S 1 INTEREST/ACTIVITIES .' J I/� C5 /,il MiniYt re) l f,sn 1 ry- 1 Pa f )COMMUNITY INVOLVEMENT rS a o .� 1445 cr✓t • •Pw411er O`1J/TR°Y • �' 7 .,f':. 4! ' i , . • r dM .41401 i�/.�L�ii�►.i e t i i 1I I t C,F +Ph • WHY DO YOU DESIRE TO SERVE ON THIS/THESE BOARD(S)? --/in eVCi i J aAat,J -ME dl'rec///I',n ovr eemotiiy'I %S ,ead1'vi cekd1 tod V L O- , •dam . ee / o..; 4r e EXPE ENCE/QUALIFICrr ATIONS RELATED TO BOARD(S) APPLYING FOR t_A-1 re S�a�e v c5-P E •e tr'a-)--e r 1 /vL7. • . l L Ii f A •_-"Yk. • A ■ i '1P 4poSinfSS OL.PIn &A- A resume or separate sheet with additional information may be included with your application. I understand the responsibilities associated with being a board member, and I have adequate time t serve if a ointed. ji,71 0 e -- 2.- A plican Si nature Date Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386-424-2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board 21Page qb AGENDA REQUEST Date: August 8, 2013 PUBLIC HEARING RESOLUTION ORDINANCE OTHER BOARD APPOINTMENT x CONSENT BUSINESS Aug. 9, 2013 ITEM DESCRIPTION: Appointment recommendation for an open seat on the Economic Development Board. BACKGROUND: There is presently a vacancy on the Economic Development Board. The Board reviewed the applications at their August 7th meeting and has made a recommendation for Council. STAFF RECOMMENDATION: Appoint Donna Snow as a new member to the Economic Development Board for a term of 3 years to replace Chris Balmer whose term expired May 10, 2013 and did not wish to be reappointed. ACTION REQUESTED: Motion to Appoint Donna Snow to the Economic Development Board for a term of 3 years. FINANCIAL IMPACT: (FINANCE DIRECTOR) None (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO x PREVIOUS AGENDA ITEM: YES NO x IF SO, DATE: AGENDA ITEM NO. Respectfully submitted, Concurrence: 44e A_ Corder racey T arlow/City Manager D irector of Leisure Services I • r EDG 1^ t r ADVISORY BOARD—VOLUNTEER APPLICATION Thank you for your interest in serving City g the ty of E'dgewater.'Your completion of this .application is-necessary so.that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. • , • Please choose the Board(s)for which you wish to apply. If applvinE for more than one Board,, you.must number in order of your preference, ' . R ' •• . ; ANIMAL CONTROL CITIZEN CODE INFORCEMENT'` , , LIBRARY POLICE PENSION* Nb1RUCTIONI REGULATION*- RECREATION&CULTURAL SERVICES ECONOMIC DEVELOPMENT PLANNING&ZONING* FIREFIGHTERS PENSION* , ' VETERANS PARK.4VD..COMMITTEE i• • Members of the Boards with an asterisk * ' ( )are required to file a Financial Disclosure form ; within 30 days of appointment. PERSONAL INFORMATION Name "Lonna, SY1OUO 'P.-R. 1 ."-eanK., • Address S.S. • • 1 e • g - Home Phone ) 4 Q2'- 856 Business%Cell Phone( ' '12L - 701 t;oprK O 21 AS-- 7,2o. tcet 1 occupation�raxteh Manager Are you a resident of Edge `t<v how.long Is your principal place of employment in Edgewater yti. At the present time,do you serve on any other City Boards or Commissions ko if yes,please list each Have you ever served on arty Boards,agencies • commi if y please • -:ch e Iii At 1 e. . f_ta t f/ le eS NJ j l ! et e e :4 A fr, _ I f •• • 2+010 ' • i �� ea Ker,Ti'dett ,$1 '11itie,, 2244 S -Pfi 14 ( ) - 31 tg., : phoiren dL= l�rs 725 W nI o S- (304.2g..12104. amp a a p tee,SEY Chrvn CD/AnteM (3 4. '2.1149 Name, address and phone 1 1Page EDUCATION `` ,, High School Graevie N1. h School 'racevi lie FL (985 College Cl 1 Lib i r• al - • - %• • _.J I c 4-t _ = �./l I Degree(s) Fl or d&.. B. A- . 1 ichc10 2002 WORK EXPERIENCE i . • OA I - ' t .0 ? çn+ rar■(C. Asst.-24yr, N tp dQttf �r £Ker mak s v c ot� n i al t - 9'� Z't-r 1 �5�1- Q93 eotn 19�� 41 r IV �S l �av AL u ► [ . VON' • e • COMMUNITY INVOLVEMENTTYig. II a f. •iMPA i": ILLI G ridA ex. WHY DO YOU DESIRE TO SERVE ON THIS/THESE BOARD(S)? I lc 4hh an C-}i Ze.h$ toe. akr. Nl de ire is to 9- 11,614 t Y Ot)V arci - t;l 16A 1_ tt. I s . • G 1 I urin-% 4,— 1 , EXPERIENCE/QUALIFICATIONS RELATED TO BOARD(S)APPLYING FOR 12edliesA, nnr bard round in honking E 4nonce' 0,11Nd elirtrart rh la sexve as O Jsixurre e r-h•se, aid • cns h A resume or separate sheet with additMal information may be included with your application. I understand the responsibilities associated with being a board member, and I have adequate time to serve if appointed. ZnACOALItaa_____ O . 2. 2oO Applicant Signature Date PIease return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 3 86-424=2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board 21 Page t '6DG.ig,4TERI ADVISORY BOARD—VOLUNTEER APPLICATION Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s)for which you wish to apply. If applying for more than one Board., You must number in order of your preference. ANIMAL CONTROL CITIZEN CODE ENFORCEMENT* LIBRARY POLICE PENSION* CONSTRUCTION REGULATION* RECREATION&CULTURAL SERVICES 1.0"#-ECONOMIC DEVELOPMENT PLANNING&ZONING* FIREFIGHTERS PENSION* VETERANS PARK AVD.COMMITTEE Members of the Boards with an asterisk(*)are required to file a Financial Disclosure form within 30 days of appointment. PERSON INFORMATION Name 101 te'-e- `j un ) Address r/ 1 i aa/rvi 4Or. tGetk v, (- .31(// Home Phone 3840'6'7g-/O Business/Cell Phone Occupation 6 vi/'t 4 r Are you a resident of Edgewater how long /3 Z$ . Is your principal place of employment in Edgewater 14P -S ' At the present time,do you serve on any other City Boards or Commissions / JV if yes,please list each ve A evur-eg o anytards,rgenc s pr mttteps_�if yes,please list each REFERENCES—Please list three business and/or personal 3 EQo-ya 9.3 l/ /P0 re€11 13 fUnSpr) 50 it/ i w 41 . E4zt24' -=i 362/3a. eibnsed i 7.�� hml P0r3 Oi 1tOff . 3 - �4 -8,-/07 retairreetsr ll�I :. �0" N• ,Fe,addre,. ai qn 5.0�0�e nn . iri ren 'Q LeOSki N. .it tv rte{ • C ff� detti edgr, 3 - 6/ l� Nom address a nd p ne l ✓ ( l�a rt`e v s & -1 � f.,...1K (103-30.1•5.-.5 .- ( WC( avid 1 f .g vv`e' ty\ali aitt s COW 1 C(-111Y1 q �izx: - (103 - flO-(i e EDUCATION High School 1)4111 _e_ 14kh h.00 ( `, eoffege Olt SC 0AGEJ-t t7--na,t ,Wc ('►1.QSS. A-act-C- . etiQVY44C-4 .. - Degree(s) 9'V\61 a.k 3 Uvt t`ov C©c-0e . (A;- - inu S.1 L, ORKEXPE NCErR uyaY i K gliS - E)77 lo ii? ppuni, -}fir a ss' a r b k G t dtt . r h ,vs, 14t oltGt-J Au nkgd(l rcots,d Aistatme.avoi 1 Q1 P, - wn l . INTEREST/ACTIVITIES 4 1 1 0 X / –a t1.1` / oo<<.t. .: - 5i r i kc me w c h • - Yn i 1g.-s p i e v� A m i v o v1eri, .' . tip IU v1Ic of When nLivilAt ee—A wc� f1L-c�`fre.Ja 1 btv ,- v vol.' s And rat ors . COIVIMU INVOLVEMENT ?___LA &Q�7 . -al" ' rn i / h f --miltan l gl-entardelkji eq cagy, S e,4 . I mil. 1,,qh , t Pena+ 1s t let tee/ Adam wer�ss, �u�e is t;.' -��,r" WHY DO YOU DESIRE TO SERVE ON 1Sfi iE:SE BOARD(S)? ie r'eus2 i,ne'tw(e o-C-Uk cor it,utrtt' J hit t'el C nci 6e 40 at`iNta v■ a *ct-it,- i rn l Vpt tits cnc` -�o i (11 s Ch -(� . I i r' � nmuo ( Yaw tl?ht i� ..l t ;��i'Ve --f r t-1v � I• S •Po II' ' r/QI ICATI NS RELATED TO BOARD(S)APPLI G FOR GI nkt`ttoi.- l 3-c wars NSSi's4- amumevtS A laustiiss ownQV,S ecten44- 5cAu,-t o ns -c&r ade CU,v re vs-i- A -4:,t4ttyeA2eAct Keea..t red..‘ . c l4&ke jr4C ecac( YYt nOt� r den tZi a. 1 a <C�-1 t S I S.S�S a $t{1—. 11 an of q t - �, mo'' • ' Y1�t `- i - 44 ne WI.a,prf i L-M4.kca hong, (.v t` YLI A resum-4.r eparate sheet with additional intonnation may be inc uded with your application. I underst. Id the responsibilities associated with being a board member,and I have adequate time to serv=if appointed. -1/4 ii f I 0(el/ i -pplicant Signature Date Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive,Edgewater FL 32132. If you have any questions please call 386-424-2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board 2(Page CITY OF EDGEWATER RECEIVED •U'1 17 2013 C17Y CLERK `sDG -ATER ADVISORY BOARD—VOLUNTEER APPLICATION Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s)for which you wish to apply. Xf applying for more than one Board, von must number in order of your preference. ANIMAL CONTROL CITIZEN CODE ENFORCEMENT* LIBRARY POLICE PENSION* CONSTRUCTION REGULATION* RECREATION&CULTURAL SERVICES ECONOMIC DEVELOPMENT PLANNING&ZONING* FIREFIGHTERS PENSION* VETERANS PARK AVD.COMMITTEE Members of the Boards with an asterisk(*)are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION // Name &tip' 3. / SaA) Address (3.176 6 s• AikfletEK /om Home Phone 3% —70.403 Business/Cell Phone -2t 6- ' as-‘ao Occupation A/Kergt Are you a resident of Edgewater how long aye' Is your principal place of employment in Edgewater iti0 At the present time,do you serve on any other City Boards or Commissions ltiO if yes,please list each it), Have you ever served on any Boards,agencies or committees if yes,please list each REFERENCES—Please list three business and/or personal Name,re-ley RD. md 32/,32 " P4 ('-e fit/ Name,address and hone s?J mime.e. cetav C'3 a/Ile Mfg,' Name,address and phone Wage ADUCATI.ON -7-, n pf/ A 11, 3e # f/� College D"tYTDtV4 ! ?2 Degrees) (i.gf//6/s��.+1 WORK EXPERIENCE a 074 % &papa. /94/1 ole/!-e ' MA/fit t1 (1 /ok/Acksi'1P. INTEREST/ACTIVITIES a 7-71,y7- 6 Li miallAt/v T CoMMUN/Ty O G► . COMMUNITY INVOLVEMENT( ! C•l/�CRati7 C#*i''i* ( nie-44602. L o,' so , g/ZT Pe/4 Pe/4 PDou= WHY DO YOU DESIRE TO SER ON THISPFRESE BOARD S)? /0 0 F/ KNOwta�- � jj pk z di= R v�v�I�c- j.61/4014/ A-4 0 41.4409/44- heativaSs T111$ ComMoto EXPERIENCE/QUALIFICATIONS RELATED TO BOARD(S)APPLYING FOR egetticgCr 4,/(Dive- ,B//.O4 rt-Ai c .4/_s•Ari&442/ 1/G/TV, 0,�i.62Gor �i/Gl(ku1� - 1'177/ eC'. 'rn4 .- C � 0*m/et cal/P/7)O'4 _rill Ties' 6914, 11 A resume or separate sheet with additional information may be included with your application. I understand the responsibilities associated with being a board member,and I have adequate time to serve if appointed. 6 7-ice #rplicanv"Zplir Date Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N.Riverside Drive,Edgewater FL 32132. If you have any questions please call 386-424-2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board 21/Cage. Larry Craig Brinson 2176 S. Air Park Road Edgewater, Florida 32141 386.405.4560 craigb26@aol.corn Skills • 20+years experience developing and managing staff of all levels including sales management,sales personnel,administration,customer support,fleet management,and inventory control • excellent ability to build and maintain a relationship with all levels of staff,sales reps,manufacturers and customers;possess excellent poised communication style,approachable personality and able to foster relationships • proficient with Microsoft Word,Microsoft Excel,PowerPoint,Access,Outlook, Retail Point of Purchase Programs,QuickBooks,Client Bookkeeping Services,Print and Photo Shop for print advertising/marketing • Internet savvy • experience setting up and maintaining point to point networks and server networks • excellent communication skills • detail oriented and organized • self motivated and able to work unsupervised • understanding and experience of manufacturing • broad knowledge of mechanics,energy and propulsion Experience The Furniture Gallery General Manager/Sales Manager November 1998—April 2013 • assumed all management responsibilities of an established retail business since 1971 • oversee all corporate operations,two store front locations and distribution center, including 27+ employees • increased business from one location with$850K gross annual sales to two locations and an efficient distribution center with total gross annual sales of$5M+ • achieved maximum results of company investments of property, equipment and inventory • increased profit and productivity by placing personnel from within,or recruiting when necessary, for key roles of operation • managed inventory level cost in excess of$1M • continuously explore strategies to expand market share; respond with diverse advertising,appoint outside sales personnel, or research and evaluate validity of new locations • developed marketing and advertising including print,television,internet,and direct mail • negotiate with lenders,property management and proprietary brands to expand marketing areas • created a retail following,which vendors strived to partner with • awarded sales recognition by La-Z-Boy for multiple years;including largest independent dealer in South East Region of the United States • recognized by vendors including: La-Z-Boy, Best Chair, Broyhill and Sealy for outstanding sales growth and dealer relationship • relationship with sales representatives-in effect assisting with acquirement of new,prospective dealers and consulting with current dealers The Furni=ture Gallery Warehouse/Sales/Sales manager August 1985-October 1998 • sales training and teach product knowledge • developed a standard of sales performance and regular goal increases • merchandise selection and display/floor placement • merchandising products to offer attractive consumer pricing and high profit yields • assist customers with finding solutions to their home furnishings needs • proper warehouse organization by careful placement of inventory based on turnover rate • leave positive impressions with consumers at time of delivery Education Daytona State College,Daytona Beach,FL Associates Degree 1994 Business Administration Achievements Founded manufacturing company La-Z-Boy Platinum Handle Dealer Award 2006 La-Z-Boy Gold Handle Dealer Award 2001,2002,2003,2004,2005 Highest Volume Independent La-Z-Boy Dealer Chamber of Commerce Business member Private Pilots License Aviation Instrument Rating Coast Guard Auxiliary Volunteer SE Volusia Fire and Rescue Volunteer Years of Off Road Enduro Racing sanctioned by FIR and AMA Industrial Arts Student of The Year 1990 References Complete/Contact Info Upon Request Alan AB Sales Manufactures Rep. Lake Mary,FL Gary La-Z-Boy General Manager Orlando,FL Dawn Sealy Territory Manager Orlando,FL John Broyhill Manufactures Rep. Tacomas,FL CITY OF EDGEWATER its' _t RECEIVED • :,.. ;r`� = fit; • 01 h ,r,. 01 20.13 IL EDGE'1VATERI CITY CLERK ADVISORY BOARD—VOLUNTEER APPLICATION Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s) for which you wish to apply. If applying for more than one Board, you must number in order of your preference. ANIMAL CONTROL _ CITIZEN CODE ENFORCEMENT* x LIBRARY POLICE PENSION* CONSTRUCTION REGULATION* , RECREATION&CULTURAL SERVICES x ECONOMIC DEVELOPMENT _ PLANNING&ZONING* FIREFIGHTERS PENSION* _ . VETERANS PARK AVD.COMMITTEE SCHOOL SCHOLARSHIP COMMITTEE Members of the Boards with an asterisk (*) are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Name J r %5 / .j 11L--,4 Address I I D 1 u ..5•c. 4 t\/ , /1/4 5 i-'f 1,/e- 0 Home Phone __ 4 '7- 7 -,5"--i, Business/Cell Phone -V)-4 - y 4, a' - Occupation ---P. ki.AA.,, Are you a resident of Edgewater y how long Y yi 5 Is your principal place of employment in Edgewater_ 4 At the present time, do you serve on any other City Boards or Commissions /V' if yes,please list each Have you ever served on any Boards, agencies or committees A/O if yes, please list each REFERENCES — Please list three business a d/or personal 3 eL . 13torirl,� rc)u)t✓ 2011 /4 it)), 1°,0 4 b l)r, fl 5 t3 qeq-52 0 '._..)N e, address and phone -o t1 •■.O 1 m 5 t S2.,Z Ppi,_ b p-. 0,k)i el, qc� El 3 - 4, 71- 7 Z r , N e, addre d phone /�' p I 6A .e oVe)/-14t1, el 13 , t,�r `� Jf. )A. . f� .j_p 3�.G_ q02_ q_113 Name, addle d phone 111' age EDUCATION )) / // 4 High School Cal ,� e h o c 7 , �� . _ College Degree(s) WORK EXPERIENCE -A. ,, . -± A 4 - INTEREST/ACTIVITIES � ��/, ; L l��s �, ��ti.; ( .t v f in`f l E. COMMUNITY INVOLVEMENT /') 0 /4 WHY DO YOU DESIRE TO SERVE ON THIS/THESE BOARD(S)? /0 Ze--0-.6-7.11,- edle Lile;7:0L, 51-1:43 EXPERIENCE/QUALIFICATIONS 3ELATED TO BOARD(S) APPLYING FOR 11-e_ `14P-t l p),i — A- 0-•t1 �, c-•.-fir R A .r/r/ • L A resume or separate sheet with additional information may be included with your application. I understand the responsibilities associated with being a board member, and I have adequate time to serve if. • sointed. i A � , e'c'r I/ /3 Applican •gnature Dat- Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386-424-2400. OFFICE USE ONLY Date Application Received 1 y/C 0-)(?fL • (• R• •47n- Date Appointed to Board Board Appointed to Date Resigned from Board 21Page Worked for two years as secretary for State Representative Gary Cunningham— 1970 to 1972. Went to Tallahassee for Legislative Sessions. Worked with Mr. Cunningham in his New Smyma Beach office and took care of the office when he was out of town. During those two years I also met Mr. J.Hyatt Brown who,at that time,was also a member of the Legislature,and was President of Brown&Brown Insurance in Daytona Beach. When Mr. Cunningham decided not to run for re-election,Mr. Brown hired me to work in the Brown&Brown office and I stayed 29 years, retiring in July of 2004. Prior to moving to Edgewater,I lived in New Smyrna Beach for more than 40 years(in the same house)at 634 Yupon Street. The yard was a big responsibility,plus my son lives in Edgewater and when some condos were built close to him he suggested I sell the house and move to Edgewater—and so here I am. ?. C�REoF CEIVEDATR =-:.. 1 FEB 22 2012 ciTY ADVISORY BOARD--VOLUNTEER APPLICATION �LERK Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s)for which you wish to apply. If apnlvine for more than one Board, you must number in order of your preference. ANIMAL CONTROL CITIZEN CODE ENFORCEMENT* LIBRARY POLICE PENSION* CONSTRUCTION REGULATION* RECREATION&CULTURAL SERVICES ✓ ECONOMIC DEVELOPMENT PLANNING&ZONING* FIREFIGHTERS PENSION* VETERANS PARK AVD.COMMITTEE SCHOOL SCHOLARSHIP COMMITTEE Members of the Boards with an asterisk(*)are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Name PETER JEFFREY MEREDJ H Address 3) 9 ity n L Iry LM, DR Fd? e wroTek A. 3'- ' 1 Home Phone 386 9 G &V O g Business/Cell Phone 386 89' 988 3 ()work oP atieeet.m. 'cobs Lit Occupation Apia ea Are you a resident of Edgewaterfis how long V YfR S ow,aea Row.E a,'.+ce l99 o Is your principal place of employment in Edgewater /E.5 At the present time,do you serve on any other City Boards or Commissions Na if yes,please Iist each Have you ever served on any Boards,agencies or committees yes if yes,please list each _o - Ni lam,. a1 4 Li&. ALA/- E'T oe ,_‘,u, ,1ifl7J/ - 1 REFERENCES—Please list three business and/or personal Joy 'RAAA, 1303 AAA-es/de P 4h Low,/ N:('. £7894 C.z5 R77- LL y7 Name,address and phone i7$ /J( )tc 6pL . 9Z?' "nevyLr►wp 62 Pso is 27177 (9/, PP-2 - 2ZI Name,address and phone Fib Pm', , .i R.we.Div%L L eS4.,tuts 8A01• 6t3'.)Ali-479L Name,address and phone AzL 77,t ,o£OPte itrr ,¢,er„Ant- iv,a%ys91ri $' ,ex hove pee N i,r✓o Lvtc3 �"2c,ti 6 i 41T 1 � EDUCATION High School C a ti 607. e 4+,' a a L 1 91, L 0a.5 b cc)a O H College eer►E - 3Am),loify jiERP60 %eA�ui•:�Dr*Li, Co;TRoL Degree(s) i*.L t_N w'a Fus►–t C►a t.n M►e u s O H i a WORK EXPERIENCE To Re.t,t*i w 4 Al NP ro R N*.•�►TQ L�FACII Ra4rt;iay MAasc". Felt oL\a/�-,Qy$ ..Luo{uhsle a 00,0* /Op Lr�ol 11 ts F CLA ►e 17e35 L.LC. INTEREST/ACTIVITIES US 612K1. .ah. /elf kne‘o 6 L C AAS 19 R! COMMUNITY INVOLVEMENT F Err,E/e 4 ft?XT WHY DO YOU DESIRE TO SERVE ON THIS/THESE BOARD(S)? _1 FL=E L �'L►a u h d heir tea. td Co v a;qi ,4 it c .6 trip t "De to "—131A) ,u LAvc Lop.., Ea!1 EXPERIENCE/QUALIFICATIONS RELATED TO BOARD(S)APPLYING FOR rsJR4.11At. /ad; J3i4Lts hits 1/eW .000 e ,41L /96,00...1 of 71ali W�1�, EaPI.G �wc� �i�oBl.e•�.•s . CSas • p resume or separate sheet with additional information may be included with your application. I understand the responsibilities associated with being a board member, and I have adequate time to serve if appointed. , i9/2.oil cant Signature Date Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386-424-2400. OFFICE USE ONLY ,,j Date Application Received okay a Date Appointed to Board Board Appointed to Date Resigned from Board 21 �, C AGENDA REQUEST Date: July 31, 2013 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT 08/19/13 CONSENT BUSINESS ITEM DESCRIPTION Request for appointment to the Construction Board of Adjustments and Appeals. BACKGROUND The By-Laws requires the Construction Board of Adjustments and Appeals to have an Electrician on the board. Andrew Hunt's term on the Board expired on December 13, 2012, this term has been vacant since early 2011 due to Mr. Hunt's passing. RECOMMENDATION Staff recommends Larry Loeffler be appointed for a 3 —year term, expiring on July 30, 2016. ACTION REQUESTED Motion to appoint Larry Loeffler to a 3-year term on the Construction Board of Adjustments and Appeals, expiring on July 30, 2016. FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES NO X DATE: E. \ \ �� AGENDA ITEM NUMBER: Respectfully Submitted By: C) 4A .ILAL. ' ' Ala 1-4 ynne uckingham Board Coordinator CITY OF EDGEWATER pper' "' RECEIVED ' ILEDGEWATER K o-a! 2Oi !.iy 1 ADVISORY BOARD—VOLUNTEER APPLICATION C)TY CLEW Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s) for which you wish to apply. If applying for more than one Board, you must number in order of your preference. ANIMAL CONTROL CITIZEN CODE ENFORCEMENT* LIBRARY POLICE PENSION* 1 CONSTRUCTION REGULATION* RECREATION&CULTURAL SERVICES ECONOMIC DEVELOPMENT PLANNING&ZONING* FIREFIGHTERS PENSION* VETERANS PARK AVD. COMMITTEE SCHOOL SCHOLARSHIP COMMITTEE Members of the Boards with an asterisk (*) are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Name 4 r ji" Zit)c 1/4 1 Address .216 / �6 7/ t/e cr 5 ?<- fl G Home Phone_3a ‘.2/9- 3 2 OD Business/Cell Phone -7 ` 72 �-c� 2-// Occupation r/edr<cry f(</,(444,.Zy Are you a resident of Edgewater y how long.3'Z G vs-')- S Is your principal place of employment in Edgewater e At the present time, do you serve on any other City Boards or Commissions A)© if yes, please list each Have you ever sseervedcn any Boards, genies or committees yesf yes, please list each ag."`J REFERENCES —Please list three business and/or personal Name, ad ress and hone p d�� Name, miclres axxl phone 40 /)So '- </7 840/ Name, address and phone l ll? age EDUCATION High School ,7' 74 College • f /, d -- r Degree(s) WORK EXPERIENCE, 2,/-qr71 a 4-4:7^ / 1/ : % .L i7Ec`iv'-G I /'14 /90 2- u/; lJU`�'t ∎//QGl / /(Ot Xi-e'/(p, / / 7/ / / ,( 4 t INTEREST/ACTIVITIES 0 F F . a / 9 IMMIX COMMUNITY INVOLVEMENT WHY DO YOU DESIRE TO SERVE ON THIS/THESE BOARD(S)? _ 1.../4 41), c ,(3, EXPERIENCE/QUALIFICATIONS RELATED TO BOARD(S) APPLYING FOR - ` A®©2 i • A resume or separate sheet with additional information may be included with your application. I understand the responsibilities associated with being a board member, and I have adequate time to serve if appointed. a' i/ -9, r 5- 9 - 1 .3 Applicantgnature Date Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386-424-2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board 2 ! Page j0 a, AGENDA REQUEST Memo #2013-106 Date: July 9, 2013 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS August 19, 2013 ITEM DESCRIPTION: Consider request for donation of surplus residential property located at 3020 Lime Tree Drive (old Jane Church property)to Southeast Volusia Habitat for Humanity BACKGROUND: The subject property at 3020 Lime Tree was previously owned by Jane Church who had approximately $285,000.00 in outstanding City liens. City Council authorized Staff to initiate foreclosure proceedings against the property which resulted in the City of Edgewater obtaining the Certificate of Title for the vacant property in December 2010. On July 18, 2011, Council deemed the property as surplus and authorized the Barnett Group to dispose (sell) of the property. On July 2, 2013 the City received a letter from Rosemary Walker, Executive Director of the Southeast Volusia Habitat for Humanity requesting that the City consider the donation of the property located at 3020 Lime Tree Drive (Parcel ID #8402-01-08-0690) for them to construct a single family home. STAFF RECOMMENDATION: Staff recommends that City Council consider the donation of surplus residential property located at 3020 Lime Tree Drive (Parcel ID #8402-01-08-0690) to the Southeast Volusia Habitat for Humanity for the construction of a single family home. ACTION REQUESTED: Motion to approve donating the surplus property located at 3020 Lime Tree Drive to the Southeast Volusia Habitat for Humanity and authorize the Mayor and/or City Manager to executed all associated documents relating to same. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: N/A AGENDA ITEM # Respectfully submitted, Concurrence: .vJ Trace . Barlow Robin L. Matusick Cit anager Paralegal ,Ycydtla ,LY§t r"t'-'.i.*= iffir Habitat for Humanity' 105 N. Orange Street New Smyrna Beach, FL 32168 386-428-5010 July 2, 2013 Tracey T. Barlow City Manager City of Edgewater P.O. Box 100 Edgewater, FL 32132 Dear Mr. Barlow: It has come to our attention that the City of Edgewater has acquired property located at 3020 Lime Tree Drive, parcel 8402-01-08-0690. Would you consider donating this parcel to our affiliate? If we were so fortunate as to receive this donation, we would plan to construct a single family home on the property. The mission of Habitat for Humanity is "a word where everyone has a decent place to live." Our affiliate has built homes in Edgewater since 1990. The Habitat homeowners remit more than $14,000 in property taxes each year. We are currently building three new homes, rehabbing 4 homes and have plans to build an additional 3 homes in the next year. Our goal is to provide simple, decent and affordable housing to families in need. Our program is a "hand up", not a hand out. In addition to demonstrated need, a Habitat homeowner must have a steady, reliable source of income, contribute between 350 and 500 hours of"sweat equity" and attend a series of home ownership preparation classes. We aim to prepare responsible neighbors who will take pride in their property and become valuable community members. Your community has families in need of affordable housing and we are happy to partner with you to serve this need. In order to achieve our goal, we rely on the support of the community— individuals, organizations, churches and local governments. On behalf of the Habitat family, will you please consider this request? Sincerely, qRo emary Walk-- Executive Director lob AGENDA REQUEST Date: August 8, 2013 PUBLIC HEARING RESOLUTION ORDINANCE OTHER CONSENT BUSINESS August 19, 2013 CORRESPONDENCE ITEM DESCRIPTION: Piggyback Canaveral Port Authority RFQ PUR-RFQ-10-1 Insurance Consulting & Brokerage Services for Employee Health Plan Benefit Program BACKGROUND: Per the Purchasing Policy Resolution No. 2012-R-10 the Finance Director may join with other units of government in cooperative purchasing ventures when the best interests of the City would be served and the same is in accordance with City Ordinances. The Canaveral Port Authority awarded Brokerage Services to Brown&Brown. Terms and Conditions will be in accordance with Canaveral Port Authority RFQ PUR-RFQ-10-1. The City of Edgewater's Fully Insured insurance needs are handled thru our Agent of Record, Brown & Brown. Brown & Brown solicits all lines of health coverage. STAFF RECOMMENDATION: Approve Agent of Record for Fully Insured Insurance needs as Brown & Brown, Inc. ACTION REQUESTED: Motion to approve Agent of Record for Fully Insured Insurance needs to Brown & Brown, Inc. and authorize the City Manager to execute a contract. FINANCIAL IMPACT: n/a (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) No PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Resp tfull submitted, Concurrence: Jon an C. McKinney Robin Matusick Finance Director Paralegal A I I I / ac-, y B. r o' ity Manager CANAVERAL March 24, 2011 Dear Alan: On September 1, 2010 Canaveral Port Authority approved PUR-RFQ-10-1 awarding Risk Management Associates, Inc. dba/ Public Risk Insurance Agency, a wholly owned subsidiary of Brown & Brown, Inc., a contract to provide broker services for the Authority's various employee benefit programs including: Medical, Dental, Vision, Group Life, and Supplemental Life. Canaveral Port Authority acknowledges that local governments may purchase products and services from competitively awarded contracts of other local governments. This is often referred to as the "piggyback" process. It is the intent of Canaveral Port Authority to permit purchases by other local governments for the same terms, conditions, and fee awarded in the contract referenced herein. It is assumed that local governments will utilize the "piggyback" process in accordance with the ordinances, rules and statutes that govern Florida school districts, counties, municipalities, and special districts. Sincerely, i:'✓ Jeff Long Deputy Executive Director, Chief Financial Officer Port Canaveral r1 445 Challenger Road f O 4i 2C7 Care Canaveral,Florida 32920 USA �� r� � ; ,1 321,7837831 888.767.8226 vww.portcana era con � a t �� + A°04 i � pit dl 0 0 0 Q a E ce w O w LL 0 0 ° u T r d O ° N N N w T C) O L A L d 0 G) > > W RS Y° m as co a,• o c C `W E rn a 2 I- y Y 0) F- Q• T N N W E m C • W z L L co W c c m t W H Y T N M t[) 0 L co s- Z I I Ll c°'i a 0.0 Ct CD 1C Y J N H 0 y C C C 2 C. Z Z L o • w +0' Z U c 0 c Z W � L U L Q Z Z Y U Y IX W a W w Z -J m° mm a Z a I- O Z Cr, ° cL Q 0 U a J w J >- H >• N W ).-a o a CL WI a W• M Q 6 I– c 0 ~eC �m _ 3 EE �• > g OL p H O " a >- 3 z > co ✓ m - Z m < Z Z otS ac°i g c 1 w m o — _ H c m 0 o o = 1 H 0 L ✓ _O m u)) w ° O C W c sz •`� z N O_ 0 0 W V w a o ai °� ° En U cn y M y a E 0 W Q ++ U V u (.) E 0 a < 3 0 � °� • C v 2,_ y o�S w w s- o m a = 0 W W y d 2 C c L J z F- c H 1— -- L d 0 J_ Cf LL _Ng Q Q N a y C RS C § W O N r3 0 = o '_ v O d C7 C7 H W W Ym N c Z � o 1- � o E 2 p c C c Z O W Z Q, o . }, u) CC ZO W Ei Za W U d y co W 23 o a E 2 < yU co co w O l c = 0 d . p~ Qmu. 1- 0 F- I— F— aa' CANAVERAL PORT AUTHORITY REQUEST FOR QUALIFICATION PUR-RFQ-10-1 Insurance Consulting & Brokerage Services: Employee Health Plan Benefit Program Proposal Due Date: July 28, 2010 Time: 5:00 PM Table of Contents Overview 3 Background Information 3 Scope of Services 4 Section 1 —Consulting Services 4 Section 2—Brokerage Services .4 Proposal Evaluation 6 Mandatory Elements 7 Responsiveness 7 Expertise and Reliability 7 Completeness of Proposal .7 Access and Ease of Use 7 Flexibility 8 Cost 8 Licenses and Certificates 8 Indemnification 8 Insurance 8 Assignment 9 Proposal Administration .9 Overview 9 Point of Contact 9 Withdrawal of RFQ 10 Rejection of Proposals .10 Errors and Omissions 10 Submission Requirements 10 Conflict of Interest 11 Selection and Contract Award 11 Attachments Attachment A - Conflict of Interest Certificate 2 Overview Canaveral Port Authority (CPA) currently collaborates with Brevard County Board of County Commissioners in a self-funded health plan offering multiple plan design options administered by CIGNA and Blue Cross Blue Shield of Florida as well as offering Dental, Vision, Life, AD&D and Supplemental Life Insurance, Short Term Disability, Long Term Disability programs on a fully funded basis, Flexible Spending Account, some of which qualify as eligible benefits under Section 125, IRS Code. Canaveral Port Authority is seeking a qualified Health Insurance Program Consultant to evaluate the current offerings and assist with the development and planning of short, mid and long range Employee Health Insurance Benefit strategies consistent with the needs of CPA. The proposal shall be submitted in two (2) sections with the first section consisting of evaluation and analysis of the current Employee Health Plan Benefit Program and the second section consisting of broker services. The contractor shall understand and agree that no quantity of service is guaranteed under the contract and that Canaveral Port Authority does not guarantee that the contractor's services will be utilized to any degree. Background Information Canaveral Port Authority is an independent governmental agency created by the Florida Legislature pursuant to the provisions of House Bill 1136, Chapter 28922, from the Laws of Florida Special Acts of 1953. It established a port district in the central and north areas of Brevard County, Florida and designed the areas as the Canaveral Port District. Port Canaveral is located on the Atlantic Coast near the mid-point of the Florida peninsula. As an independent governing body, the Canaveral Port Authority can levy ad valorem taxes, incur indebtedness through the sale of bonds, establish Federal Maritime Commission regulated tariff rates and negotiate for government grants. Port Canaveral has successfully evolved into a major deep water port of entry since its dedication in 1953. The successive years have seen the solid development of first class berthing facilities, businesses in the marine commercial park and ever increasing successes in the cruise and cargo industries along with the foreign trade zone. Foreign Trade Zone#136 has become one of the most successful in the country. Port Canaveral is a non-operating landlord port, with the Canaveral Port Authority owning all land within the District comprising approximately 3,300 acres including 780 acres in the uplands adjacent to the deepwater harbor and long along the Barge Canal, which crosses Merritt Island, connecting the Indian and Banana Rivers and is a part of the 3 intracoastal waterway system. Canaveral Port Authority grants long term leases to tenants, who are responsible for developing and operating their own facilities. A five member Board of Commissioners is the legislative and governing body of the Canaveral Port Authority. Each Port Commissioner is elected on a district basis to represent the district in which he or she resides. The Commission itself elects a Chairman who serves as a presiding officer. The Board of Port Commissioners appoints a Chief Executive Officer who is responsible for the administration of the Port business. The Canaveral Port Authority currently has one hundred sixty one(161) full time active employees. SCOPE OF SERVICES SECTION I—Consulting Services 1. Advice and assistance reviewing and analyzing the Canaveral Port Authority Employee Benefits Program. Recommend alternative benefit designs or delivery systems as dictated by emerging plan costs or benefit practices. 2. Assist in reviewing and reaffirming or changing the goals and objectives of the benefit design. 3. Analysis and evaluation of current Canaveral Port Authority Employee Benefit Programs to determine most appropriate plan design, funding levels, fully insured versus self-insured programs. 4. Recommendations to Canaveral Port Authority for a competitive Employee Benefit Plan. SECTION II—Brokerage Services 1. Advice and assistance reviewing and analyzing the Canaveral Port Authority Employee Benefits Program. Recommend alternative benefit designs or delivery systems as dictated by emerging plan costs or benefit practices. 2. Assist in reviewing and reaffirming or changing the goals and objectives of the benefit design. 3. Analysis and evaluation of current Canaveral Port Authority Employee Benefit Programs to determine most appropriate plan design, funding levels, fully insured versus self-insured programs. 4. Recommendations to Canaveral Port Authority for a competitive Employee Benefit Plan. 5. Notification, monitoring and providing information on pending or new legislation and changes in tax law, as well as benefit and funding trends that may affect the benefits program, applying assumption to various scenarios, often with only a few hours notice. Advise CPA on market and like business benefit trends affecting 4 CPA's Employee Benefits Program. Recommendation of appropriate action to be taken with respect to CPA's Employee Benefits Program. 6. Advise and assist the CPA Employee Benefits Program with writing plan modification and new plans and assisting in the amendment approval process as well as submitting written reports and other documents are required by State and Federal regulations. 7. Prepare alternative funding analysis and conduct actuarial analysis of claims reserves and fund requirements as requested. 8. Provide any necessary actuarial services, including projecting funding needs to upcoming fiscal year. 9. Maintain records of the financial and claims experience, condition and progress of CPA's plans and provide quarterly reports. 10. Review all benefit services for technical accuracy. 11. Participate with CPA when requested in communications and actions with the insurance and healthcare reimbursement carriers. 12. Assist the CPA Employee Benefits Program with developing communications materials. Help coordinate the design, editing, printing and production of those materials and give advice and recommendations when necessary and appropriate. 13. Availability for meetings as required. 14. Assist with adjudication of specific claims when requested by CPA. 15. Discuss and coordinate information with other consultants employed with CPA when requested. 16. Participate in appropriate audits of vendors, if requested by CPA's third part claims administrator, based on a statistically valid stratified random sample that achieves a minimum 95% confidence level and prepare comprehensive and detailed reports and recommendations of the audit findings, review results with CPA plan administrators. The audit will include, but not be limited to, the following: 17. Claims payment system 18. Claims procedure and office work flow 19. Forms and communication process 20. Training [programs and employee evaluation process 21. Exception processing 22. Cost containment procedures 23. Quality and quantity of procedural manuals provided to claims processing, customer service, its. 24. Internal audit system; 25. Mail receipt and tracking; 26. Evaluation of the security of records and data 27. Evaluation of customer service, including communication with the Plans' benefits, policies and procedures 28. Security and override procedures relating to approval of claims and access to records. 29. A comprehensive, objective review of the received and processed claims to determine whether the claims are adjudicated according to contractual 5 performance standards, appropriate benefits and industry standards which includes, but is not limited to: 30. A statistically valid stratified random sample that achieves and minimum 95% confidence level 31. On-site review of transactions processed by the third party claims administrator, including the reprocessing claims to evaluate the third party claims administrators process and systems relating to such areas as: eligibility, coding, pricing including proper application of allowable charges and discount arrangements, deductible accumulators, identification of duplicate bills, application of Plan Benefits, COB, medical necessary, ineligible/eligible charges, compliance with the Plans' Master Plan Document, timeliness of processing, interaction with other vendors and file documentation. 32. Provide liaison services between CPA Employee Benefits Program and other benefits contractors, including coordination of reporting and assistance resolving claims. 33. Participate in the preparation and presentation of the quarterly financial reports for the self funded plan. 34. Perform special projects as requested by CPA. For example: 35. Develop and assist in implementation of new insurance plans 36. Assist in drafting, reviewing, issuing and evaluating requests for proposals and invitations to bid. 37. Advise CPA in contract negotiations and renewals. 38. Assist in developing the costs associated with various issues involving the benefit plans. 39. Assist with special employee communication projects, which may result from legislative or regulator changes. 40. Prepare special reports showing claims experience. 41. Be responsible for maintaining the confidentially of CPA's records and date, which cannot be sold, shared or otherwise disclosed to other companies or individuals without written permission from CPA Employee Benefits Plan Officials. 42. Assist CPA with the development of performance guarantees relating to vendors' performance of service to the CPA Benefits Plan and valuate the performance of vendors. Proposal Evaluation Proposals will be evaluated using seven sets of criteria, including one mandatory set of requirements. Proposers meeting the mandatory criteria will have their proposals evaluated and scored on factors of: responsiveness, expertise and reliability, completeness of proposal, access and ease of use, flexibility and cost. These areas represent the principal selection criteria which will be considered during the evaluation process. 6 Mandatory Elements • The company is licensed to conduct and transact business in the State of Florida • The company has no conflict of interest with regard to any other work performed for CPA • The company adheres to the instructions in this request for qualifications on preparing and submitting the proposal Responsiveness (5 points) • Responsiveness shall be determined by the Offeror's demonstration of a method of approach the fully meets all terms and conditions of the RFQ and Scope of Work. Expertise and Reliability (25 points) • Determined by the submission of references and positive reference checks demonstrating the Offeror's success potential for similar projects. • Consideration of all accreditation and ratings of service or products by nationally accepted rating or accrediting agencies. • Years of Experience • Professional memberships and certifications • Service Factors • Determined by the provision of personnel with requisite skill and experience to deliver proposed services. • The depth of services the Offeror proposes to deliver. • Access to service providers defined in terms of hours and days available, ease of contact, guaranteed response times. • A demonstrated plan of action for service providers to expediently gain solution to our service needs in issues which may be beyond their relevant experience level or authority. Completeness of Proposal (5 points) • Offeror submits proposal which includes all required documents, signatures, and a work plan that thoroughly meets the scope of work and all terms and conditions. Access and Ease of Use (20 points) • The Offeror demonstrates the requisite availability, ability to complete projects within required time and material dates, initiative to keep CPA informed of material issues, as required to perform all aspects of the scope of work. • Demonstrates the ability to maintain responsive and timely communications with CPA as required to meet all aspects of the scope of work. 7 Flexibility (25 points) • The proposal demonstrates the flexibility to facilitate anticipated and unanticipated future process changes that are based on Best Practices. • The available staff members have the requisite knowledge of the proposal to provide the information required by CPA. • The staff members have the requisite authority to agree and act upon CPA's instructions. Cost (20 points) • Cost will be evaluated for budget constraints, method of costing, method of pricing, and comparisons of cost in relation to other competitive proposals. Licenses and Certificates The CPA reserves the right to require proof that the proposer is an established business and is abiding by the ordinances, regulations and laws of their community and the State of Florida, such as but not limited to: occupational licenses, business licenses, Florida sales tax registration, Federal Employer's Identification Number, etc. Each proposer must be licensed to conduct business as an insurance Broker and/or Agent in its area of expertise in the State of Florida. Each firm shall submit with their proposal a copy of such required licenses and shall maintain the appropriate licenses and certificates during the term of the contract and any extensions. Failure to maintain these requirements shall be cause for immediate termination of the contract. Indemnification The bidder will hold harmless and indemnify the CPA for any loss, damage, personal injury or other claim resulting from the bidder's use of the subject premises. Bidder agrees to defend CPA in all legal actions arising against the CPA or the bidder as a result of the bidder's use of the subject premises or those using the said premises. Insurance Bidder agrees to maintain insurance fully indemnifying the CPA from any damage to life or property which may occur on the subject premises and from any liability established against the CPA as a result of any act or omission by the bidder or its employees, independent contractors, servants, agents, invitees or licensees in the construction, maintenance, or use of the subject premises. Each contractor shall maintain the appropriate insurance(s) required to perform the respective operation(s) and activities proposed as required by State Statutes and regulations. Each contractor shall be insured for Errors and Omissions coverage with a minimum limit of One Million ($1,000,000) Dollars, each occurrence with an approved 8 insurance company. A certificate of insurance evidencing such liability coverage must be submitted annually at the beginning of each fiscal year. The CPA is to be specifically included as an additional insured for each coverage or policy named above for liability of the CPA resulting from operations performed by or on behalf of the bidder associated with this contract. Bidder's insurance including that applicable to the CPA as an additional insured shall apply on a primary basis and any other insurance maintained by the CPA shall be in excess of and shall not contribute with bidder's insurance. Bidder's insurance shall contain a severability of interest provision, providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Insured in the same manner as if separate policies had been issued to each. The policy must be endorsed to provide the CPA with thirty (30) days notice of cancellation and/or restriction. Certificates of insurance evidencing the insurance coverage specified in the previous paragraphs shall be filed with the CPA before commencement of the contract. The required certificates of insurance shall refer specifically to this contract and shall state that such insurance is as required by this contract. If the initial insurance expires prior to the termination of the work renewal certificates of insurance and required copies of policies shall be furnished thirty (30) days prior to the date of their expiration. Assignment Any contract(s) awarded and issues pursuant to this RFQ is (are) not assignable, except with the prior written authorization by the CPA. Proposal Administration Overview This section details the procedures the CPA has established for managing the RFQ process. The purpose of these procedures is to ensure that the CPA receives proposals under an open and competitive process as well as ensure that bidders receive fair and equitable treatment in the solicitation, receipt and evaluation of their proposals. Point of Contact All communications regarding this RFQ should be directed in writing to: 9 Karen Pappas, Purchasing Manager Canaveral Port Authority PO Box 267 Cape Canaveral, FL 32920 (321) 783-7831 ext. 219 Or via e-mail to kpappas ai)portcanaveral.com (e-mail correspondence is encouraged). No other CPA official or employee is empowered to speak for the CPA with respect to this RFQ. Should questions be considered relevant to all bidders, a written answer will be provided to all known bidders. By submitting a question to the CPA, bidders waive any right to confidentiality. Withdrawal of RFQ The CPA reserves the right to withdraw or amend the RFQ at its sole discretion without liability or obligation on the part of the CPA. Rejection of Proposals The CPA reserves the right to reject any and all proposals at any time without penalty and to waive immaterial defects and minor irregularities. Errors and Omissions The CPA shall not be held responsible for any errors or omissions in any part of this RFQ. Although the CPA has made considerable effort to ensure an accurate representation of the information in this RFQ, the information is supplied solely as a guideline for the prospective bidders. The information is not guaranteed or warranted to be accurate by the CPA, nor is it comprehensive or exhaustive. Submission Requirements Bidders shall submit one (1) original and four(4) copies of their proposal along with a digitized proposal on CD. Proposals shall be submitted in a sealed envelope bearing the name and address of the bidder and the RFQ title clearly marked on the outside. Proposals must be received at the address below, no later than 5:00 pm, Tuesday, July 28, 2010. Canaveral Port Authority Attention Karen Pappas,Purchasing Manager 445 Challenger Rd (courier, express or personal delivery) PO Box 267 (US Postal service only) Cape Canaveral, FL 32920 10 Late deliveries are not acceptable and will be rejected from further consideration. The CPA will not be responsible for delays caused by the mail service or any other occurrence. Facsimile submittals or any electronic submittals are not acceptable. Conflict of Interest All bidders must furnish with their proposal a Conflict of Interest Certificate (Attachment A) disclosing any officer, director, or agent who is also any employee of the Canaveral Port Authority. Further, all bidders must disclose the name of any CPA employee who owns, directly or indirectly, any interest in the bidder's firm or any of its branches. Selection and Contract Award Selection Process A committee comprised of CPA staff members as appointed by the CEO shall review all proposals against the proposal evaluation criteria outlined above and from those results prepare a proposed ranking. The proposed ranking will be submitted to the Commission for consideration and approval. The CPA shall not be bound to accept any proposal. Proposals shall remain irrevocable for a period of ninety (90) days from the proposal closing date. Contract Award The CPA will award a contract to the highest ranking bidder that meets the RFQ requirements. Any award made by the CPA shall be made in writing. All issues surrounding the implementation of the agreement will be clarified at which time a formal contract will be executed between the selected bidder and the CPA. If an agreement cannot be executed for any reason, the CPA may, at its sole discretion, award the contract to the next qualified bidder or terminate the RFQ process. By responding to this RFQ, bidders agree that the decision of the CPA is final and binding. This RFQ is issued with no guarantee of contract award. No contractual obligation is implied or intended as a result of this solicitation. If the CPA does not award the contract or withdraws the solicitation in its entirety, they assume no obligation, financial or otherwise to prospective bidders responding to this RFQ. <END OF DOCUMENT> 11 iDC-- AGENDA REQUEST C.A. #2013- RFQ 13-ES-002 Date: August 8, 2013 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS August 19, 2013 ITEM DESCRIPTION: Request for Council Approval for the Corrected Public Works Facility and Transfer Station Feasibility Study and associated agreement. BACKGROUND: On June 3, 2013 City Council approved the original submittal from Quentin L. Hampton Associates, Inc for a total cost of $95,320. It was found that due to the error submitted by Quentin Hampton, the correct total should have been $109,820. The City also wishes to add the optional CNG Feasibility Study of $10,670 and Site Assessment of $4,400. Due to the error and the additional work, this would bring the total request for the Feasibility Study to a new total of$124,890. The City budgeted this fiscal year $958,853 in Public Works Complex funds to complete a Public Works Facility and Transfer Station Feasibility Study. Attachments: Agreement(Draft Contract) STAFF RECOMMENDATION: Staff recommends that the City Council correct the award of the Public Works Facility and Transfer Station Feasibility Study Contract to Quentin L. Hampton Associated, Inc. by approval of the correct dollar amount and grant authorization for City Manager to execute the associated agreement. ACTION REQUESTED: Motion to award the corrected Public Works Facility and Transfer Station Feasibility Study Contract to Quentin L. Hampton Associated, Inc. and authorize City Manager to execute the agreements and all related Budget Amendments. FINANCIAL IMPACT: $124,890 (Finance Director) Line Item: 450-5555-580.62-10 (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES_x_ NO If so, DATE: _June 3, 2013 AGENDA ITEM # 7E Respectful submitted Concurrence: J•rathan C. McKinney Robin L. Matusick Finance Director Parale;al racey -. :arlow City i_nager PROFESSIONAL SERVICES AGREEMENT PUBLIC WORKS FACILITY AND TRANSFER STATION FEASIBILITY STUDY This Agreement is made and entered into this day of , 2013, by and between the CITY OF EDGEWATER, FLORIDA, a municipal corporation (hereinafter referred to as "City"), 104 North Riverside Drive, Post Office Box 100, Edgewater, Florida 32132-0100 and QUENTIN L. HAMPTON ASSOCIATES, INC., (hereinafter referred to as "Consultant"), P.O. Drawer 290247, Port Orange, FL 32129. PREMISES WHEREAS, the City, having advertised for requests for qualifications (#RFQ-13-ES- 002) to perform a Public Works Facility and Transfer Station Feasibility Study, a copy of which is attached as Exhibit "A" and incorporated herein, and having determined that QUENTIN L. HAMPTON ASSOCIATES, INC. could perform such services, desires to obtain the services of ; and WHEREAS, the Consultant desires to perform the Public Works Facility and Transfer Station Feasibility Study on behalf of the City. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. SCOPE OF PROFESSIONAL SERVICES A. Provide engineering and planning support to evaluate the feasibility of developing a Municipal Solid Waste Transfer Station and Public Works Facility which will accommodate the City's needs for a minimum of 25 years and include the following divisions: i. Environmental Services Administration; ii. GIS/Mapping Services; iii. Fleet Maintenance; iv. Public Works/Street Maintenance; v. Sign Maintenance; vi. Stormwater Maintenance; vii. Utility Field Operations. B. Determine transfer station design and construction requirements; PROFESSIONAL SERVICES AGREEMENT PUBLIC WORKS FACILITY AND TRANSFER STATION FEASIBILITY STUDY PAGE 1 OF II C. Identify property size requirements; D. Identify operational considerations necessary for public/private partnership; E. Work with City representatives to identify and evaluate requirements including, but not limited to: i. Transfer station operation feasibility and size; ii. Property area requirements; iii. Facility planning; iv. Infrastructure requirements; v. Equipment requirements. F. Convey the results of the feasibility study to the City of Edgewater in a written report that summarizes the study. G. Attend two meetings of the City Council, on dates to be designated by the City Manager, to present Consultant's recommendations based on its Public Works Facility and Transfer Station Feasibility Study. 2. COMPENSATION AND METHOD OF PAYMENT A. Consultant shall be compensated for all services rendered under this Agreement as described above in the Scope of Professional Services at the following hourly rates: Project Principal $ Project Director $ Senior Consultant $ Consultant $ Financial Analyst $ Clerical $ This Agreement is subject to a lump sum charges as denoted in the Consultant's Project Work Plan and Cost Estimate, attached hereto and incorporated as Exhibit «B» B. At the end of each month the Consultant will submit an invoice for services rendered, to include date, hours and service provided, during that month. PROFESSIONAL SERVICES AGREEMENT PUBLIC WORKS FACILITY AND TRANSFER STATION FEASIBILITY STUDY PAGE 2 OF 11 C. The City agrees that it will make its best efforts to pay the Consultant within thirty (30) days of receipt of such invoice. D. The Consultant agrees to maintain all books, documents, papers, accounting records and other evidences pertaining to services performed under this Agreement in such a manner as will readily conform to the terms of this Agreement and to make such materials available at all reasonable times during the Agreement period and for three (3) years from the date of final payment under this Agreement for audit or inspection as previously provided. Incomplete or incorrect entries in such books and records may be grounds for disallowance by the City of amounts due based upon such entries. E. In the event any audit or inspection conducted reveals any overpayment by the City under the terms of the Agreement, the Consultant shall refund such overpayment to the City within thirty (30) days of notice by the City. 3. TIME FOR COMPLETION A. The Public Works Facility and Transfer Station Feasibility Study must be completed and submitted to the City Manager no later than December 1, 2013. B. In the event there are delays on the part of the City as to the periodic approval of any work product submitted by Consultant which might delay the scheduled completion date, the City shall grant to the Consultant in writing an extension of the deadline equal to the aforementioned delays. The City shall be solely responsible for determination of whether any extension of time for performance should be awarded to the Consultant. C. Consultant will not be held responsible for failure to timely complete the Public Works Facility and Transfer Station Feasibility Study due to causes beyond its control, including, but not limited to, work stoppage, fires, civil disobedience, riots rebellions, Acts of Nature and similar occurrences making performance impossible or illegal. 4. ADDITIONAL SERVICES The City may opt to engage Consultant to design and prepare documents for the construction of the transfer station. However, the City reserves the right to re-solicit for the design and construction document phase of the project. 5. LICENSES During the term of this Agreement, Consultant shall possess the correct occupational license, professional license, and any other authorizations necessary to carry out and PROFESSIONAL SERVICES AGREEMENT PUBLIC WORKS FACILITY AND TRANSFER STATION FEASIBILITY STUDY PAGE 3 OF 11 perform the work required by the project pursuant to all applicable federal, state and local laws, statutes, or ordinances and rules and regulations of any kind. 6. SUB-CONSULTANTS/SEPARATE CONSULTANTS If Consultant desires to employ Sub-Consultants in connection with the performance of its services hereunder: A. Any proposed Sub-Consultants shall be submitted to the City for written approval prior to the Consultant entering into a Sub-Consultant agreement. B. Consultant shall coordinate the services and work product of any Sub-Consultants and remain fully responsible under the terms of this Agreement. Consultant shall be and remain responsible for professional quality preparation of all work product and services as may be required. C. Any Sub-Consultant agreement shall be in writing and shall reflect the terms of this Agreement and require the Sub-Consultant to assume performance of the Consultant's duties and commensurately with Consultant's duties to the City under this Agreement, it being understood that nothing contained herein shall in any way relieve Consultant from any of its duties under this Agreement. Consultant shall provide the City with copies of all Sub-Consultants agreements upon request of the City. D. Consultant shall ensure that all Sub-Consultants comply with the insurance requirements under this Agreement and that the certificates of insurance meeting the required insurance provisions are provided to the City by Sub-Consultant. 7. RESPONSIBILITY OF THE CITY City shall furnish Consultant with all data, information and materials available and useful for the completion of the Public Works Facility and Transfer Station Feasibility Study. All such data, information and materials shall be returned to the City upon the completion of the study unless such data, information and materials are necessary for the City's daily operations; then such information shall be promptly reproduced or copied by Consultant and immediately returned to the City. 8. TERMINATION A. Should Consultant be found to have failed to perform the services required under this Agreement in a manner satisfactory to the City, the City may terminate this Agreement immediately for cause. The City shall be the sole judge of non- performance. PROFESSIONAL SERVICES AGREEMENT PUBLIC WORKS FACILITY AND TRANSFER STATION FEASIBILITY STUDY PAGE 4 OF 11 B. The City may terminate this Agreement for convenience with a thirty (30) day written notice to Consultant. C. Upon termination of this Agreement, whether for cause or convenience, Consultant shall: i. Immediately discontinue all services (unless the notice directs otherwise); and ii. Deliver to the City all data, reports, schedules, summaries and such other information and materials as may have been accumulated by Consultant in performing under this Agreement, whether completed or in process. D. If the termination is for the convenience of the City, Consultant shall be paid full compensation for services performed to the date of termination. E. If the termination is due to the failure of Consultant to fulfill its obligations under this Agreement, the City may take over the work and prosecute the same to completion by Agreement or otherwise. In such case, Consultant shall be liable to the City for reasonable additional costs occasioned to the City thereby including, but not limited to, all damages arising from Consultant's breach and all attorney's fees and expenses incurred as a result of any action or proceeding, litigation or arbitration, if applicable, arising therefrom. F. If, after notice of termination for failure to fulfill Agreement obligations, it is determined that Consultant had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the Agreement price shall be made and such adjustment in Agreement price shall be deemed to be the sole remedy of Consultant. G. The City reserves the right to cancel and terminate this Contract, without penalty, in the event that Consultant or any employee, servant, or agent of Consultant is indicted or has any direct information issued against him for any crime arising out of or in conjunction with any work being performed by Consultant for or on behalf of the City. It is understood and agreed that in the event of such termination, Consultant shall be compensated for services rendered under this Agreement up to the time of termination in accordance with this section. The City also reserves the right to terminate and cancel this Agreement in the event that Consultant shall be placed in either voluntary or involuntary bankruptcy or an assignment be made for the benefit of Consultant's creditors. H. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this Agreement. PROFESSIONAL SERVICES AGREEMENT PUBLIC WORKS FACILITY AND TRANSFER STATION FEASIBILITY STUDY PAGES OF II The Consultant shall have the right to terminate for failure of the City to fulfill its Agreement obligations and all other rights and remedies otherwise available to Consultant under law. J. If funds are not appropriated for continuance of this Agreement through completion of the services delineated in the Scope of Work herein, cancellation will be accepted by Consultant upon thirty (30) days written notice by the City. 9. INDEMNIFICATION OF CITY: A. To the fullest extent permitted by law, Consultant shall indemnify and hold harmless the City and its employees, from and against damages, losses, and expenses, including but not limited to reasonable attorney's fees and other reasonable legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for each witness testimony, arising out of or resulting from the performance of services required under this Agreement, provided that same is caused by the error, omission, negligent act, or misconduct of Consultant, its agents, servants, employees, or Sub-Consultants. In accordance with Florida Statutes, Chapter 725, adequate consideration has been provided to the Consultant for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the City as set forth in Section 768.28, Florida Statutes. In claims against any person or entity indemnified under this section by an employee of Consultant or Sub-Consultants, anyone directly or indirectly employed by them or anyone for whose acts they may be legally liable, the indemnification obligation under this section shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for Consultant or its agents or Sub-Consultants, under Workers' Compensation acts, disability benefit acts, or other employee benefit acts. B. The execution of this Agreement by Consultant shall obligate Consultant to comply with the foregoing indemnification provision; however, the collateral obligation of insuring this indemnity must be complied with as set forth below. 10. INSURANCE A. Prior to the commencement of services hereunder, Consultant shall procure and maintain at least the following insurance coverage with the limits specified herein. All insurance companies providing insurance under this Agreement shall be authorized to conduct business in the State of Florida and shall have a general policy holders rating of A or better and a financial size rating of class X or better according to the latest publication of Best Key Rating Guide, published by AM Best, Inc. Said insurance shall be evidenced by delivery to the City of: (1) a certificate of insurance executed by the insurers listing coverage and limits, expiration dates and terms of policies and all endorsements whether or not PROFESSIONAL SERVICES AGREEMENT PUBLIC WORKS FACILITY AND TRANSFER STATION FEASIBILITY STUDY PAGE 6 OF 11 required by the City, and listing all carriers issuing said policies; and (2) a copy of each policy, including all endorsements. The insurance requirements shall remain in effect throughout the term of this Agreement. i. Workers' Compensation limits as required by state and federal laws. ii. Commercial General Liability Insurance covering the liability assumed under the indemnification provisions of this Agreement, with limits of liability for personal injury and/or bodily injury, including death, of not less than $1,000,000.00 each occurrence; and property damage of not less than $1,000,000.00 each occurrence. Coverage shall be on an "occurrence" basis and the policy shall include Broad Form Property Damage coverage and Fire Legal Liability of not less than $50,000.00 per occurrence. iii. Comprehensive Automobile and Truck Liability covering owned, hired and non-owned vehicles with minimum limits of $500,000.00 each occurrence and property damage of not less than $100,000.00 each occurrence. Coverage shall be on an "occurrence" basis. iv. Errors and Omissions or Professional Malpractice Coverage with minimum limits of$1,000,000.00 each occurrence. B. Each insurance policy shall include the following conditions by endorsement to the policy: i. Each policy shall require that at least thirty (30) days prior to expiration, cancellation, non-renewal or any material change in coverage or limits, a notice thereof shall be given to the City by certified mail to: City Attorney, Post Office Box 100, Edgewater, Florida 32132-0100. The Consultant shall also notify the City, in a like manner, within twenty-four (24) hours after receipt of any notices of expiration, cancellation, non- renewal or material change in coverage received by the Consultant from its insurer; and nothing contained herein shall absolve the Consultant of this requirement to provide notice. ii. The City of Edgewater shall be endorsed to the required policy or policies as an additional named insured. 11. OWNERSHIP OF DOCUMENTS It is understood and agreed that all documents prepared or obtained by Consultant in connection with its services hereunder shall become the property of the City. Consultant shall not be liable for any use by the City of said documents or data if modified in any manner without written approval of Consultant. PROFESSIONAL SERVICES AGREEMENT PUBLIC WORKS FACILITY AND TRANSFER STATION FEASIBILITY STUDY PAGE 7 OF II 12. NOTICES All notices or other communications required or permitted hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to City: With Copy to: Tracey Barlow, City Manager Jonathan C. McKinney, Finance Director City of Edgewater City of Edgewater Post Office Box 100 Post Office Box 100 104 North Riverside Drive 104 North Riverside Drive Edgewater, Florida 32132-0100 Edgewater, Florida 32132-0100 (386) 424-2400 (386) 424-2485 If to the Consultant: Brad T. Blais, P.E., President Quentin L. Hampton Associates, Inc. P.O. Drawer 290247 4401 Eastport Parkway Port Orange, FL 32129 13. EQUAL OPPORTUNITY EMPLOYMENT Consultant agrees that it will not discriminate against any employee or applicant for employment for Work under this Agreement because of race, color, religion, sex, age or national origin and will take affirmative steps to insure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment, advertising; layoff or termination; rates of pay or their forms of compensation; and selection for training, including apprenticeship. 14. NO CONTINGENT FEES Consultant warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or Consultant, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability, and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount for such fee, commission, percentage, gift or consideration. PROFESSIONAL SERVICES AGREEMENT PUBLIC WORKS FACILITY AND TRANSFER STATION FEASIBILITY STUDY PAGE 8 OF 11 15. COMPLIANCE WITH § 287.133, FLORIDA STATUTES Consultant shall, simultaneous with the execution of this Agreement, if not previously done, execute a public entity crime statement required by § 287.133, Florida Statutes. 16. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Consultant shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Agreement. 17. CONFLICT OF INTEREST Consultant agrees that it will not contract for or accept employment for the performance of any work or services with any individual, business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with the City. 18. ALL PRIOR AGREEMENTS SUPERSEDED A. This Agreement incorporates and includes all prior negotiations, correspondence, conversation, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. B. It is further agreed that no modifications, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 19. INDULGENCE NOT WAIVER The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any provision of this Agreement either at the time the breach or failure occurs or at any time throughout the term of this Agreement. 20. INDEPENDENT CONSULTANT DESIGNATION AND LIABILITY It is the intent of the parties hereto that Consultant shall be legally considered an independent Consultant and that neither Consultant nor its employees shall under any circumstances be considered employees or agents of the City and that the City shall be at no time legally responsible for any negligence on the part of Consultant, its employees or PROFESSIONAL SERVICES AGREEMENT PUBLIC WORKS FACILITY AND TRANSFER STATION FEASIBILITY STUDY PAGE 9 OF 11 agents, resulting in either bodily or personal injury or property damage to any individual, Consultant or corporation. 21. NO THIRD-PARTY BENEFICIARIES The Agreements contained herein are for the sole benefit of the parties hereto and their successors and permitted assigns and no other party shall have the right to enforce any provision of this Agreement or to rely upon the provisions of this Agreement. 22. INTERPRETATION; VENUE In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Seventh Judicial Circuit in and for Volusia County, Florida, for claims under state law and the Middle District of Florida for any claims which are justifiable in federal court. 23. ATTORNEY'S FEES If the City is required to institute or defend any legal proceedings in connection with this Agreement, Consultant agrees to pay the costs thereof, together with reasonable attorney's fees for the City's attorney in the event such legal proceedings are terminated in favor of the City. 24. HEADINGS The descriptive headings appearing in this Agreement are for convenience only and are not to be construed either as a part of the terms and conditions hereof or as any interpretation thereof. 25. AMENDMENTS This Agreement may only be amended by a written document signed by both parties. 26. ENTIRE AGREEMENT This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 27. ASSIGNMENT The Consultant shall not assign, transfer, convey, sublet or otherwise dispose of this Agreement or of any or all of its rights, title or interest therein, or its power to execute PROFESSIONAL SERVICES AGREEMENT PUBLIC WORKS FACILITY AND TRANSFER STATION FEASIBILITY STUDY PAGE 10 OF 11 such contract to any person, company or corporation without the prior written consent of the City. 28. BINDING EFFECT All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. 29. GOVERNING LAW This Agreement shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, the parties have hereto caused the execution of this Agreement on the year and date first written above. WITNESSES: CITY OF EDGEWATER, FLORIDA By: Tracey T. Barlow, City Manager Dated: Robin L. Matusick City Paralegal WITNESSES: QUENTIN L. HAMPTON ASSOCIATES, INC. By: Brad T. Blais, P.E., President Dated: PROFESSIONAL SERVICES AGREEMENT PUBLIC WORKS FACILITY AND TRANSFER STATION FEASIBILITY STUDY PAGE II OF II EXHIBIT `B' PUBLIC WORKS FACILITY AND TRANSFER STATION FEASIBILITY STUDY RFQ# 13-ES-002 SCOPE OF SERVICES AND FEE ESTIMATE BACKGROUND AND INTENT The City of Edgewater (CITY) requires an engineering and planning study to evaluate the feasibility of developing a Public Works Facility and Municipal Solid Waste (MSW) Transfer Station. Quentin L. Hampton Associates Inc. (QLH) was selected, in conjunction with other design team members, to prepare the referenced study. Upon completion of the study, the City should have sufficient information necessary to secure a site and proceed to final design and construction. SCOPE OF WORK The general nature and extent of the proposed scope of services is to provide engineering and planning services necessary to evaluate the feasibility of developing a Public Works Facility and MSW Transfer Station. The facilities may be sited together or separately. The feasibility study will entail determination of site area and vicinity requirements, building size and space utilization, transfer station design and construction requirements, identification of equipment requirements and operational considerations. The City of Edgewater currently operates a Public Works complex and 50-ton per day permitted refuse transfer station adjacent to the City's wastewater treatment plant. Property needs to be acquired sufficient in size to accommodate the existing and future operations of both along with future expansion of the WWTP. All facilities shall be designed to accommodate the City's needs for a minimum of 25 years. Part `A' of the Feasibility Study pertains to the Public Works facility. The facility must be designed to include the following divisions: • Environmental Services Administration • GIS/Mapping Services • Fleet Maintenance • Public Works/Street Maintenance • Sign Maintenance • Stormwater Maintenance • Utility Field Operations Part 'B' of the study pertains to the MSW transfer station. The station shall be sited and sized to handle existing and future waste and recyclables. The design components include: • Transfer Station Operation feasibility and size. • Property Area requirements; • Facility planning; • Infrastructure and equipment requirements; • Economic Analyses • Analysis of Compressed Natural GAS (CNG) Feasibility Study (Optional) Part `C' is the Funding and Financing component. Results of the previous cost estimates, pro- forma and economic analyses will be combined to address various funding issues. Specifically: • Capital Requirements • Grant Opportunities • Public/Private partnerships • Debt Service estimates • Impact upon rates and fees. Part `D' is an additional scope offering not identified in the initial request for qualifications (RFQ), specifically, a Phase I Environmental Site Assessment (ESA) and ESA Report. An estimated range of costs for a Phase II ESA is also included; however, a firm proposal cannot be provided until the Phase I is complete. Part `A'—New Public Works Facility Task Al —Conceptual Design and Siting Study Develop, with the City's input, a conceptual site layout and building space requirements for a new public works facility. The Conceptual building and site layout will be based upon site visits to other facilities and design charettes conducted with City staff. The proposed public works complex will likely consist of more than one structure. The size of each structure and their relationship to one another on the site will dictate the total land area required. As such, the conceptual design and siting study will need to proceed on parallel tracks. The following elements will be included with this portion of the work: • Meetings with City staff from all departments to determine size and space utilization • Site visits to other public works facilities • Evaluation of travel distances to/from all portions of the City's service area • Establish site evaluation criteria • Identify available sites • Prepare site selection recommendations based upon cost and non-cost factors • Prepare a conceptual site layout including buildings, parking areas, storage areas, driveways, stormwater treatment, vehicle wash and fueling facilities • Prepare conceptual building layouts for administration, storage and maintenance Deliverable: Prepare and submit a conceptual level site and building plan based on the design criteria for the proposed design scenarios. The site plans will include all of the pertinent features and other information necessary to validate the basic function and operation of the facility and to establish site size requirements and preliminary construction and operational cost estimates. Task A2 —Preliminary Construction Costs Prepare preliminary construction cost estimates for the buildings and sitework. This information will be used in the development of the final Feasibility Study. Deliverable: Prepare tabular summaries, which will include line item detail of major elements of the preliminary estimated construction cost estimates. Task A3 —Public Works Complex Feasibility Study and Presentation The results of the conceptual design, siting study and preliminary cost estimates will be combined to generate a final Feasibility Study for review and comment by City staff. The final report will be the basis for purchasing a site, obtaining project financing and selecting an A/E team for final design. A presentation to the City Commission will be delivered upon completion of the Draft study. Input from the commission will be used to prepare the final study. Deliverable: Prepare and submit a Draft and final study. Prepare and deliver a presentation of the Draft report to the City Commission. Part `B'—New Transfer station Feasibility Study Task B1 —Transfer Station Preliminary Design Criteria Develop with the City's input the tonnage capacity scenarios for the new transfer station. There are two possible scenarios for the station, 1) no out-of-City waste taken, and 2) allow out-of-City waste to be taken. For both scenarios a minimum 10-year waste flow projection will be developed that will be used as the design criteria for sizing the station and ancillary features. Develop with City input the overall key design criteria for the station, for each scenario, which shall include: • Maximum design capacity (throughput) • Tipping floor size (to handle normal flow and emergency back-up) • Confirm waste trailer loading system • Approximate footprint of transfer station building • Building amenities (i.e., rest room, office, rolling stock overnight parking, etc.) • Building foundation, superstructure configuration, material, dimensions, and vehicle door openings and operating floor type. • Number of trailers, and required outside trailer parking & storage area • Office parking area • Type, number and size of scale and Scalehouse • Site and building traffic flow patterns • Stormwater management system (storm intensity, frequency, runoff capture, discharge, etc.) • Number and classification of operating personnel Deliverable: Prepare and submit a conceptual level site-building plan based on the design criteria for the each of the two proposed design scenarios. Prepare one conceptual elevation of the transfer station building to provide an idea of the general appearance. The site plans will include all of the pertinent features and other information necessary to validate the basic function and operation of the facility and to establish preliminary construction and operational cost estimates. Task B2 —Citizen's Drop-Off Center Develop with the City's input the design criteria for a Citizens Drop-Off Center. The criteria will include: • Waste materials accepted (non-hazardous and special or household hazardous waste, etc.) • Required storage areas and container type(s) • Site relationship to transfer station • Environmental protection features (i.e., spill containment, canopy roof, etc.) • Traffic pattern • Size and orientation of site • Rolling stock needed (if any) • Number and classification of operating personnel Deliverable: Prepare a conceptual level site-building plan based on the design criteria. The plan will be incorporated into the Transfer Station Site Plan. The site plan will include all of the pertinent features and other information necessary to validate the basic function and operation of the facility and to establish preliminary construction and operational cost estimates. Task B3 —Preliminary Construction Costs Prepare preliminary construction and operational cost estimates for the Transfer Station conceptual designs in Task 1 and the Citizen's Drop-Off Center in Task 2. This information will be used in the development and populating of the spreadsheets of the economic pro-forma in Task 4. Deliverable: Prepare tabular summaries, which will include line item detail of major elements of the preliminary estimated construction cost and first year operating costs for Task 1 and Task 2 designs. Task B4—Develop Pro Forma Economic Model To accommodate the various types of business models needed to analyze the feasibility of solid waste projects, SCS has developed a variety of different types of pro forma models that allow the firm to tailor the financial statements to your specific project. This creates models with maximum flexibility to model multiple scenarios of facility size, management and operations, and site locations. We anticipate crafting a very flexible financial assessment Model for the project, which will incorporate major project feasibility factors, to help answer many "what if" questions for the City. A 20-year Pro forma projection of projected capital costs, operating expenses, and financing cost will be developed in a Microsoft Excel spreadsheet model. These assumptions will be based on working knowledge of the solid waste industry and actual ranges in bid capital and operating costs for similarly-sized Stations in Florida. The capital costs will include all predevelopment and construction costs. Operating costs will include labor, utilities and fuel, maintenance, insurance, and City overheads, as well as transporting solid waste and recyclables to the Volusia County Landfill, including any required County tipping fees at these facilities. Deliverable: Prepare a Letter Report, summarizing the results of the Pro Forma Model. Task B5—Analysis of Compressed Natural GAS (CNG) Feasibility Study With the rising cost of diesel fuel and the declining cost of compressed natural gas (CNG), many local government agencies have implemented the use of CNG fuel for public fleets. Based on information provided by the City on its existing fleet structure and current fuel costs, SCS will develop a Letter Report summarizing preliminary findings on the feasibility of a CNG fueling facility at the Station. This analysis will include the pros and cons of different fueling station technologies, the cost of construction and operation, an estimate of overall long term savings, an estimate of payback for the CNG facility, and a concept layout of a fueling station on the transfer station or public works site. Deliverable: SCS will prepare a Letter Report summarizing the results of the feasibility analysis, including a concept site plan showing a possible fueling station layout at the transfer station property. Part `C'—Funding and Financing Alternatives In order to complete the feasibility assessment of the proposed project, evaluate current potential options and alternatives for financing the project which could include the following possibilities: • Loans • Municipal bonds • Governmental grants • City reserves We will utilize the findings of this assessment to help prepare different economic scenarios of the proposed project: • Public operation and public ownership • Private contract operation and public ownership We will also evaluate how the debt service payments will affect existing residents and ratepayers. A separate section will address solid waste issues to evaluate how acceptance of additional commercial waste volumes would impact the results of these management alternatives. Deliverable: Prepare a report summarizing the findings of this assessment. Part `D'—Phase I and II Environmental Site Assessments Task D1 - Limited Phase II Environmental Site Assessment As an optional service, SCS will perform the Phase I ESA in accordance with the American Standards for Testing and Materials (ASTM) standard E1527-05, Environmental Site Assessment: Phase I Environmental Site Assessment Process AAI rule finalized by the Environmental Protection Agency (EPA) under 40 Code of Federal Regulations (CFR) Part 312). In general, the assessment will include: • Compilation of Background Documentation: Readily-available background information (e.g., aerial photographs, fire insurance maps, topographic maps, etc.) will be collected and reviewed to evaluate historical uses of the site. In addition, SCS will attempt to conduct interviews with the current owner and other site personnel with knowledge of environmental matters pertaining to the site. Previous environmental documents, if available, will be reviewed and summarized. SCS respectfully requests that City provide any previous environmental records or documentation such as title and lien information regarding the site. SCS will incorporate this information into our assessment and final report as warranted. We propose the following scope of services. • Regulatory Records Review: Current environmental regulatory records will be obtained from a commercial vendor and reviewed by SCS to assist in identifying recognized environmental conditions in connection with the site or surrounding properties. Additional information may be obtained online (e.g., EPA or state agency websites), or through Freedom of Information Act requests submitted to local government agencies. We will also conduct an environmental laws search under this scope of services. • Field Investigation: A site reconnaissance will be performed to observe current conditions and to identify significant environmental concerns at the site. SCS respectfully requests assistance gaining access to any site facilities. The site reconnaissance will include an assessment for the presence of recognized environmental conditions (RECs) including underground storage tanks (USTs); aboveground storage tanks (ASTs), hazardous materials and hazardous waste, solid waste, polychlorinated biphenyls (PCBs), water supply, wastewater and stormwater, point sources of air emissions, and other site-specific environmental concerns. An area reconnaissance will be performed to observe surrounding property use, and to assess the potential for significant environmental impact to the subject site from surrounding properties. • Radon Screening: SCS will review available radon data provided within the regulatory records review, as well as existing radon survey reports, if available. • Sampling: Sampling currently is not included in the scope of services. If sampling is required, SCS will contact you to develop a scope and budget for sampling. In lieu of sampling, SCS will review information from recent environmental sampling conducted at the site and include the findings in the Phase I ESA report. • Reporting: The Phase I ESA report will be prepared that summarizes the assessment efforts and associated findings. The report will include documentation that assisted in developing the findings and opinion of the assessment, as well as photographs and illustrations of the site vicinity and characteristics. If RECs are identified, recommendations may be made for further investigation or testing. Task D2 - Limited Phase II Environmental Site Assessment For this assignment, SCS will perform field activities to identify if the site's soil and groundwater have been contaminated as a result of surrounding and previous property uses. If contamination is found, SCS will identify which regulatory standards are exceeded. Once the Phase I ESA has been completed, a more detailed scope of services will be provided for the Phase II ESA. Itemized Listing of Estimated Lump Sum Fees Part `A' —New Public Works Facility Task Al —Conceptual Design and Siting Study $ 32,500 Task A2—Preliminary Construction Costs $ 4,680 Task A3 —Public Works Complex Feasibility Study and Presentation $ 11,720 Sub Total Items Al-A3 $ 48,900 Part `B' —New Transfer station Feasibility Study Task B1 —Transfer Station Preliminary Design Criteria $ 23,430 Task B2 —Citizen's Drop-Off Center $ 4,950 Task B3 —Preliminary Construction Costs $ 6,710 Task B4—Develop Pro Forma Economic Model $ 11,330 Task B5 —Analysis of CNG Feasibility Study $ 10,670 Task B6— Limited Phase I Environmental Site Assessment $ 4,400 Sub Total Items B1-B5 $ 61,490 Part `C' —Funding and Financing Alternatives $ 14,500 Sub Total Parts A, B & C $124,890 Optional Part `D' — Phase I and II Environmental Site Assessments Task D1 - Limited Phase II Environmental Site Assessment(range) $ 25-45K