Loading...
09-09-2013 Voting Order Councilwoman Power Councilwoman Bennington Councilman Ignasiak Councilman Emter Mayor Thomas AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING SEPTEMBER 9,2013 6:00 P.M. COUNCIL CHAMBERS We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 2. APPROVAL OF MINUTES a. Regular Meeting—July 15, 2013 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a. Samantha Bishop, Southeast Volusia Chamber of Commerce, Annual Progress Report 4. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to three (3) minutes or less. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS 7. CONSENT AGENDA—None at this time 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 2nd Reading — Ordinance No. 2013-0-05: Amending Article IV (Towing or Impounding Vehicles) of Chapter 17 (Traffic)of the Code of Ordinances. b. god Reading — Ordinance No. 2013-0-06: An amendment to Chapter 11 (Business Tax Receipts and Business Regulations), Article II (Miscellaneous Taxes and Regulations), Section 11-27 (Pawnbrokers)of the Code of Ordinances. c. 2"d 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. d. 2"d 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 28th Street. e. 1“Reading—Ordinance No. 2013-0-14: Ronald Caldwell, applicant, requesting annexation of 10.50+ acres of land located at 195 Godfrey Road. f. Resolution No. 2013-R-16: Approval of the tentative Millage Rates for the City for Fiscal Year 2013-2014. City Council Agenda September 9,2013 Page-2- g. Resolution No. 2013-R-17: Approval of the tentative Budget providing for appropriations for Fiscal Year 2013-204. h. Resolution No.2013-R-18: Approval of payment in lieu of Franchise Fees (PILOFF). i. Resolution No. 2013-E-19: Proclaiming September 28, 2013 as National Estuaries Day and participating in the Hands Across the Lagoon event. j. Special Activity Permit - Todd Johnson, applicant for No Name Saloon, located at 2001 S. Ridgewood Avenue, requesting a Special Activities Permit for Biketoberfest 2013 events with outdoor music to be held October 17 through October 20, 2013. 9. BOARD APPOINTMENTS -None at this time 10. OTHER BUSINESS a. Approval of Addendum No. 1 to the Kimley-Horn & Associates, Inc., Consultant Services Agreement and Work Order No. 2011-05 and authorization for the City Manager to execute the documents. b. Authorization for the City Manager to terminate the Interlocal Agreement with the City of New Smyrna Beach for Fire Marshal Services. c. Approval of Fiscal Year 2013-2014 insurance premiums in the amount of $1,985,837 and authorization for the City Manager to bind coverage. 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 23,2013. 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.\ Riverside Drive, Edgewater, Florida. telephone number 386-424-2400 x 1101. 5 days prior to the meeting date. Ifyou are hearing or voice impaired.contact the relay operator at 1-800-955-8771. &'k AGENDA REQUEST Date: July 16, 2013 Memo #2013-109 PUBLIC HEARING August 19, 2013 RESOLUTION ORDINANCE August 19, 2013 BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: Second Reading- Ordinance#2013-0-05 Amending Article IV(Towing or Impounding of Vehicles)of Chapter 17(Traffic) BACKGROUND: Article IV (Towing or Impounding of Vehicles) of Chapter 17 (Traffic) has not been modified/updated since April 1999 pursuant to Ordinance #99-0-07. Amending Article IV at this time will correct various scriveners errors and bring this section of Chapter 17 into compliance with updates/modification and compliance with City policies and regulations. City Council approved Ordinance#2013-0-05 at first reading during the June 3, 2013 Council meeting. STAFF RECOMMENDATION: Staff recommends that the City Council consider approval of Ordinance #2013-0-05 which amends Article IV (Towing or Impounding of Vehicles) of Chapter 17 (Traffic) at first reading. ACTION REQUESTED: Motion to approve Ordinance#2013-0-05. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM# Respectfully submitted, Concurrence: _ /.I� rac='T. Barlow Robin L. Matusick Ci ■' Manager Paralegal ORDINANCE NO. 2013-0-05 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE IV (TOWING OR IMPOUNDING OF VEHICLES) OF CHAPTER 17 (TRAFFIC); 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 the following determinations: WHEREAS, Article IV (Towing or Impounding of Vehicles) of Chapter 17 (Traffic) has not been modified since April 1999 (Ordinance #99-0-07). WHEREAS, amending Article IV (Towing or Impounding of Vehicles) of Chapter 17 (Traffic) will correct various scriveners errors and bring the Chapter into compliance with updates and various modifications to be consistent with City policies and regulations. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMENDING ARTICLE IV (TOWING OR IMPOUNDING OF VEHICLES) OF CHAPTER 17 (TRAFFIC) OF THE CITY OF EDGEWATER CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA. Amending Article IV (Towing or Impounding of Vehicles) of Chapter 17 (Traffic) of the City of Edgewater Code of Ordinances, Edgewater, Florida as set forth in Exhibit "A" which is attached hereto and incorporated herein. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. 1 Strike through passages are deleted. Underlined passages are added. #2013-0-05 PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void by a court of competent jurisdiction, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART F. ADOPTION. After Motion to approve by Councilwoman Bennington with Second by Councilman Ignasiak, the vote on first reading/public hearing of this ordinance held on June 3, 2013, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilman Michael Ignasiak X Councilman Gene Emter X 2 Strike-thfeugh passages are deleted. Underlined passages are added. #2013-0-05 After Motion to approve by with Second by the vote on second reading/public hearing of this ordinance held on September 9, 2013, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Michael Ignasiak Councilman Gene Emter PASSED AND DULY ADOPTED this 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. 8 . City Attorney Doran, Sims, Wolfe&Kundid 3 Strike through passages are deleted. Underlined passages are added. #2013-0-05 Exhibit "A" ARTICLE IV (TOWING OR IMPOUNDING OF VEHICLES) Chapter 17 (TRAFFIC) Article IV. TOWING OR IMPOUNDING OF VEHICLES is hereby amended as follows: Sec. 17-28. Towing or impounding of vehicles. (1) Police officers or code enforcement officers may authorize to have a vehicle removed from a street or highway, right-of-way, sidewalk, alleyway, parking lot, Of any public property or private property to a public or private garage so designated by the eCity of Edgewater, or other place of safety, under the circumstances hereinafter enumerated: (a) When any vehicle is left unattended upon any bridge, causeway, viaduct, or where such vehicle constitutes an obstruction to the regular flow of traffic. (b) When a vehicle upon a street or right-of-way is so disabled as to constitute an obstruction to traffic, or the person(s) in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody and removal. (c) When a vehicle is being driven upon the streets and is not in proper condition to be driven, as defined in F.S. § 316.215. (d) When any vehicle is left unattended upon a street, right-of-way alleyway or public property and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic. (e) When any vehicle has been parked or stored upon a street or public right-of-way for a period exceeding 48 hours subsequent to placing notice e€on the vehicle. (f) When the driver of such vehicle is taken into custody by the police and such vehicle would thereby be left unattended upon a street or public right-of-way; provided, however, that the police department may, in its discretion, allow the vehicle to remain in place, if lawful. Neither the city nor the individual officer shall be held liable for my any damage whatsoever to a vehicle when owner of said vehicle or the driver has elected in writing to allow the vehicle to remain in place. (g) When removal is necessary in the interest of public safety due to fire, flood, storm or other emergency reason, or for the protection of property loss to the vehicle owner. (h) The vehicle is in imminent danger due to rising water, vandalism, or theft. (i) A police officer has probable cause to suspect Tthe vehicle is being or has been used in the commission of a feleny crime and is needed for evidentiary purposes or seizure under the Florida Contraband Forfeiture Act as outlined in F.S. §932.701. (j) When removal is necessary due to the vehicle being parked illegally in an area which official traffic control signs designate a tow-away zone. (k) When at any given time a parked, unattended, abandoned, disabled or inoperable vehicle is parked in a right-of-way for a period of 48 hours subsequent to placing a notice on the vehicle. A vehicle shall be deemed inoperable if it cannot be 4 Strike through passages are deleted. Underlined passages are added. #2013-0-05 immediately started and legally driven and shall include abandoned and/or wrecked vehicles or vehicles that do not display a valid tag. (1) When a vehicle is parked, stopped, or standing in violation of any city ordinance or the state traffic control law. (m) When a vehicle is parked for the principal purpose and intent of displaying the motor vehicle thereon for sale, hire or rental pursuant to F.S. §316.1951. (2) The provisions of this section shall be in addition to and shall not limit the powers of law enforcement officers to authorize the removal of vehicles under state law. (3) Nothing herein shall preclude a police officer or code enforcement officer from taking other enforcement action, not limited to, issuing of a civil citation pursuant to Sec. 17-45. Sec. 17-29. Owner of vehicle presumed to be violator. In the case where a competent operator is present as [specified in] (b), (c), and (f) above, the department shall, prior to towing or impounding a vehicle, afford the owner or driver at his or her option a reasonable opportunity in which to provide for the removal of the vehicle within a reasonable length of time. In lieu of impounding the vehicle, in cases where neither the driver nor the owner elects to provide for the removal of the vehicle, or in cases where neither the driver nor the owner can provide for the removal of the vehicle within a reasonable length of time, the owner or the driver may elect in writing to allow the vehicle to remain in place, if lawful. Neither the city nor its employees or agents shall be held liable for any damage to such vehicle. Prior to the impounding of such vehicle pursuant to this sub-section, the police officer shall inform the owner or the driver of said vehicle of the various alternatives to impounding, and the officer, upon request, shall provide the owner or the driver with the requisite form upon which he or she may elect to allow the vehicle to remain in place. For purposes of this subsection, the driver of the vehicle shall be conclusively presumed to be the authorized agent of the owner. Sec. 17-30. Investigation. No vehicle impounded to a garage or compound as herein provided shall be released there from until the information necessary to complete any traffic citations and investigations has been provided to the police department and the towing, impoundment and storage charges have been paid by the owner and/or driver. Sec. 17-31. Fees. Charges for towing, removal, impoundment and storage shall be established by resolution or pursuant to an agreement for services relating to towing/impounding of vehicles of the city council and shall be posted for public inspection in the designated towing service office and the police department. Sec. 17-32. Cancellation. In the event a vehicle owner or operator returns to the vehicle after the police department officer or code enforcement officer has summoned a wrecker service, the officer department will 5 Strike gh passages are deleted. Underlined passages are added. #2013-0-05 so advise the wrecker service, who will cancel the response to that call. In the event that the wrecker service has arrived at the scene as the owner or operator returns to the vehicle, the wrecker service will retain the option to collect a service charge at that time as outlined in F.S. §715.07. Sec. 17-33. Form. When vehicles are towed by a police officer or code enforcement officer's request, the police officer will complete a towing form which reflects circumstances, general physical description of the car, and inventory of readily observable accessories and property in plain view in or on the vehicle. Items of value will either be secured in the vehicle, its trunk, or removed to the police department evidence section. The city assumes no liability for the safeguarding personal property, including the vehicle. Sec. 17-34. Notification. In the case of all vehicles towed and unclaimed after 72 hours, the police department or the contracted wrecker company/service will attempt to determine the legal owner of the vehicle and advise such owner of the location of the vehicle and actions necessary to effect release. 6 Strike-thfeugh passages are deleted. Underlined passages are added. #2013-0-05 Sb AGENDA REQUEST Date: August 13, 2013 PUBLIC HEARING September 9, 2013 RESOLUTION ORDINANCE September 9, 2013 BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: Second Reading - ORDINANCE NO. 2013-0-06: Revise Chapter 11, Article II, Section 11-27 to augment regulation of the business of pawnbroking to mirror state laws. BACKGROUND: Chapter 11 (Business Tax Receipts and Business Regulations), Article II (Miscellaneous Taxes and Regulations), Section 11-27 (Pawnbrokers, Secondhand Dealers — Records of Transactions of Pawnbrokers) has not been modified since the City's Code of Ordinances was adopted in 1963. These modifications augment pawnbroking regulations and allow the City to more thoroughly regulate pawn transactions. STAFF RECOMMENDATION: Staff recommends approval of Ordinance No. 2013-0-06 revisions to Chapter 11, Article II, Section 11-27 to augment regulation of the business of pawnbroking to mirror state laws and to more thoroughly regulate pawn transactions. ACTION REQUESTED: City Council approval of Ordinance No. 2013-0-06 FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES X NO If so, DATE: July 15,2013 AGENDA ITEM# 8d Respectfully submitted, Concurrence: D. . Arcieri Robin L. Matusick Chief of Police Paralegal racey . Barlow City ► anager ORDINANCE NO. 2013-0-06 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 11 (BUSINESS TAX RECEIPTS AND BUSINESS REGULATIONS), ARTICLE II (MISCELLANEOUS TAXES AND REGULATIONS), SECTION 11-27 (PAWNBROKERS, SECONDHAND DEALERS — RECORDS OF TRANSACTIONS OF PAWNBROKERS) BY REVISING THE TITLE AND ADDING SECTION 11-27.1 (DEFINITIONS), SECTION 11- 27.2 (LICENSE REQUIRED), SECTION 11-27.3 (ELIGIBILITY FOR LICENSE), SECTION 11-27.4 (PAWNBROKER TRANSACTION FORM), SECTION 11- 27.5 (HOURS OF OPERATION), SECTION 11-27.6 (RECORDKEEPING; REPORTING; HOLD PERIOD), SECTION 11-27.7 (PLEDGED GOODS NOT REDEEMED), SECTION 11-27.8 (PAWN SERVICE CHARGES), SECTION 11-27.9 (PROHIBITED ACTS), SECTION 11-27.10 (RIGHTS TO REDEEM; LOST PAWNBROKER TRANSACTION FORM), SECTION 11-27.11 (PAWNBROKER'S LIEN), SECTION 11-27.12 (CLAIMS AGAINST PURCHASED GOODS OR PLEDGED GOODS HELD BY PAWNBROKERS), SECTION 11-27.13 (HOLD ORDERS; ISSUANCE; REQUIRED INFORMATION; PROCEDURES), SECTION 11-27.14 (INJUNCTIONS), SECTION 11-27.15 (CONFIDENTIALITY) AND SECTION 11-27.16 (ENFORCEMENT); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: WHEREAS, Chapter 11 (Business Tax Receipts and Business Regulations), Article II (Miscellaneous Taxes and Regulations), Section 11-27 (Pawnbrokers, Secondhand Dealers — 1 Strike-thfetigh passages are deleted. Underlined passages are added. #2013-0-06 Records of Transactions of Pawnbrokers) has not been modified since the City's Code of Ordinances was adopted in 1963. WHEREAS, in the best interests of business owners and patrons and to better protect the health, safety and welfare of the public as a whole, the City of Edgewater finds that revisions to Chapter 11, Article II, Section 11-27 are necessary to augment regulation of the business of pawnbroking to mirror state laws and to more thoroughly regulate pawn transactions. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMENDING CHAPTER 11 (BUSINESS TAX RECEIPTS AND BUSINESS REGULATIONS), ARTICLE II (MISCELLANEOUS TAXES AND REGULATIONS), SECTION 11-27 (PAWNBROKERS, SECONDHAND DEALERS — RECORDS OF TRANSACTIONS OF PAWNBROKERS) BY REVISING THE TITLE AND ADDING SECTION 11-27.1 (DEFINITIONS), SECTION 11-27.2 (LICENSE REQUIRED), SECTION 11-27.3 (ELIGIBILITY FOR LICENSE), SECTION 11- 27.4 (PAWNBROKER TRANSACTION FORM), SECTION 11-27.5 (HOURS OF OPERATION), SECTION 11-27.6 (RECORDKEEPING; REPORTING; HOLD PERIOD), SECTION 11-27.7 (PLEDGED GOODS NOT REDEEMED), SECTION 11-27.8 (PAWN SERVICE CHARGES), SECTION 11- 27.9 (PROHIBITED ACTS), SECTION 11-27.10 (RIGHTS TO REDEEM; LOST PAWNBROKER TRANSACTION FORM), SECTION 11-27.11 (PAWNBROKER'S LIEN), SECTION 11-27.12 (CLAIMS AGAINST PURCHASED GOODS OR PLEDGED GOODS HELD BY PAWNBROKERS), SECTION 11-27.13 (HOLD ORDERS; ISSUANCE; REQUIRED INFORMATION; PROCEDURES), 2 Strike Strike4hreugh passages are deleted. Underlined passages are added. #2013-0-06 SECTION 11-27.14 (INJUNCTIONS), SECTION 11- 27.15 (CONFIDENTIALITY) AND SECTION 11-27.16 (ENFORCEMENT) OF THE CODE OF ORDINANCES FOR THE CITY OF EDGEWATER, FLORIDA. Chapter 11 (Business Tax Receipts and Business Regulations), Article II (Miscellaneous Taxes and Regulations), Section 11-27 (Pawnbrokers, Secondhand Dealers —Records of Transactions of Pawnbrokers) shall be amended as follows: Sec. 11-27. Pawnbrokers, . • . • . • . • ' • . . • . • . , . • . . • It shall be the duty of all persons licensed in the city as pawnbrokers to keep a complete date of purchase, and the date and to whom each article was sold. The record shall at all business hours be open to inspection by the police officers of the city. Sec. 11-27.1 Definitions. As used in this section, the term: (a) "Agency" means the Department of Agriculture and Consumer Services. (b) "Appropriate law enforcement official" means the sheriff of the county in which a pawnshop is located or, in case of a pawnshop located within a municipality, the police chief of the municipality in which the pawnshop is located; however, any sheriff or police chief may designate as the appropriate law enforcement official for the county or municipality, as applicable, any law enforcement officer working within the county or municipality headed by that sheriff or police chief. Nothing in this subsection limits the power and responsibilities of the sheriff 3 Strike-through passages are deleted. Underlined passages are added. #2013-0-06 (c) "Claimant"means a person who claims that his or her property was misappropriated. (d) "Conveying customer" means a persons who delivers property into the custody of a pawnbroker, either by pawn, sale, consignment, or trade. (e) "Identification" means a government-issued photographic identification or an electronic image taken from a government-issued photographic identification. (f) "Misappropriated" means stolen, embezzled, converted, or otherwise wrongfully appropriated against the will of the rightful owner. (g) "Net worth" means total assets less total liabilities. (h) "Pawn" means any advancement of funds on the security of pledged goods on condition that the pledged goods are left in the possession of the pawnbroker for the duration of the pawn and may be redeemed by the pledgor on the terms and conditions contained in this section. (i) "Pawnbroker" means any person who is engaged in the business of making pawns; who makes a public display containing the term "pawn," "pawnbroker," or "pawnshop" or any derivative thereof; or who publicly displays a sign or symbol historically identified with pawns. A pawnbroker may also engage in the business of purchasing goods which includes consignment and trade. (j) "Pawnbroker transaction form" means the instrument on which a pawnbroker records pawns and purchases as provided in Section 11-27.5. (k) "Pawn service charge" means a charge for investigating the title, storage, and insuring of the security; closing the transaction; making daily reports to appropriate law enforcement officials; expenses and losses; and all other services. 4 Striv ,passages are deleted. Underlined passages are added. #2013-0-06 (1) "Pawnshop" means the location at which a pawnbroker conducts business. (m) "Permitted vendor" means a vendor who furnishes a pawnbroker with an invoice specifying the vendor's name and address, the date of the sale, a description of the items sold, and the sales price, and who has an established place of business, or, in the case of a secondhand dealer as defined in S. 538.03, has represented in writing that such dealer has complied with all applicable recordkeeping, reporting, and retention requirements pertaining to goods sold or otherwise delivered to a pawnbroker. (n) "Person" means an individual, partnership, corporation, joint venture, trust, association, or other legal entity. (o) "Pledged goods" means tangible personal property that is deposited with, or otherwise delivered into the possession of a pawnbroker in connection with a pawn. "Pledged goods" does not include titles or any other form of written security in tangible property in lieu of actual physical possession, including, but not limited to, choses in action, securities, printed evidence of indebtedness, or certificates of title and other instruments evidencing title to separate items of property, including motor vehicles. For purposes of federal and state bankruptcy laws, a pledgor's interest in his or her pledged goods during the pendency of a pawn is a right of redemption only. (p) "Pledgor" means an individuals who delivers pledged goods into the possession of a pawnbroker in connection with a pawn. (q) "Purchase" means the transfer and delivery of goods, by a person other than a permitted vendor, to a pawnbroker by acquisition for value, consignment, or trade for other goods. 5 Strike-ugh passages are deleted. Underlined passages are added. #2013-0-06 (r) "Amount financed" is used interchangeably to mean the same as "amount of money advanced" or"principal amount". (s) "Default date" means that date upon which the pledgor's right of redemption expires and absolute right, title, and interest in and to the pledged goods shall vest in and shall be deemed conveyed to the pawnbroker by operation of law. (t) `Beneficial owner" means a person who does not have title to property but has rights in the property which are the normal incident of owning the property. (u) "Operator" means a person who has charge of a corporation or company and has control of its business, or of its branch establishments, divisions, or departments, and who is vested with a certain amount of discretion and independent judgment. Sec. 11-27.1 License required. (a) A person may not engage in business as a pawnbroker unless the person has a valid certificate of use issued by the city pursuant to section 11-9 and license issued by the Department of Agriculture and Consumer Services. A separate certificate of use is required for each pawnshop. The city must issue more than one certificate of use to a person if that person complies with the requirements for each certificate of use. (b) An owner/applicant who seeks to move a pawnshop to another location must give 30 day's prior written notice to the city by certified or registered mail, return receipt requested; and the city must then amend the certificate of use to indicate the new location. The owner/applicant must also give such written notice to the chief of police. 6 Strike r passages are deleted. Underlined passages are added. #2013-0-06 (c) Each certificate of use remains in effect until it is relinquished, suspended, revoked or expires as provided in section 11-16 seq. each owner/applicant shall annually pay a license amount as provided in section 11-15 for each certificate of use held. (d) A person must apply to the city for a new certificate of use upon any change, directly or beneficially, in the ownership of any pawnshop. An application for a certificate of use or an application to transfer an existing certificate of use is not required upon any change, directly or beneficially, in the ownership of a pawnshop if one or more holders of at least 90 percent of the outstanding equity interest of the pawnshop before the change in ownership continue to hold at least 90 percent of the outstanding equity interest after the change in ownership. (e) Any person applying for or renewing a local certificate of use to engage in business as a pawnbroker must exhibit a current license from the agency before the local business tax receipt may be issued or reissued. Sec. 11-27.3 Eligibility for license. (a) To be eligible for a pawnbroker's certificate of use, an applicant must: (1) Be of good moral character. (2) Have a net worth of at least $50,000.00 or file with the city a bond issued by a surety company qualified to do business in this state in the amount of $10,000.00 for each license. In lieu of the bond required in this subsection, the applicant may establish a certificate of deposit or an irrevocable letter of credit in a state banking institution in the amount of the bond. The original bond, certificate of deposit or letter of credit shall be filed with the city; and the city shall be the beneficiary to the document. The bond, certificate of deposit or letter of 7 Strike through passages are deleted. Underlined passages are added. #2013-0-06 credit shall be in favor of the city for the use and benefit of any consumer who is unjured by the fraud, misrepresentation, breach of contract, financial failure or violation of any provision of this section by the pawnbroker. Such liability may be enforced either by proceeding in an administrative action or by filing a judicial suit at law in a court of competent jurisdiction. However, in such court suit, the bond, certificate of deposit or letter of credit posted with the city shall not be amenable or subject to any judgment or other legal process issuing out of or from such court in connection with such lawsuit; but such bond, certificate of deposit or letter of credit shall be amenable to and enforceable only by and through proceedings before the city. Such bond, certificate of deposit or letter of credit shall be applicable and liable only for the payment of claims duly adjudicated by order of the city. The bond, certificate of deposit or letter of credit shall be payable on a pro rata basis as determined by the city, but the aggregate amount may not exceed the amount of the bond, certificate of deposit or letter of credit. (3) Not have been convicted of, or found guilty of, or pled guilty or nolo contendere to, or not have been incarcerated within the last 10 years as a result of having previously been convicted of, or found guilty of, or pled guilty or nolo contendere to, regardless of adjudication, a felony within the last 10 years and not be acting as a beneficial owner for someone who has been convicted of, or found guilty of, or pled guilty or nolo contendere to, regardless of adjudication, a felony within the last 10 years; and (4) Not have been convicted of, or found guilty of, or pled guilty or nolo contendere to, or not have been incarcerated within the last 10 years as a result of having previously been convicted of, or found guilty of, or pled guilty or nolo contendere to, regardless of adjudication, a 8 Strike passages are deleted. Underlined passages are added. #2013-0-06 crime that involves theft, larceny, dealing in stolen property, receiving stolen property, burglary, embezzlement, obtaining property by false pretenses, possession of altered property, or any other fraudulent or dishonest dealing within the last 10 years, and not be acting as a beneficial owner for someone who has been convicted, of, or found guilty of, or pled guilty or nono contendere to, or has been incarcerated within the last 10 years as a result of having been previously been convicted of, or found guilty of, or pled guilty or nolo contendere to, regardless of adjudication, a crime that involves theft, larceny, dealing in stolen property, receiving stolen property, burglary, embezzlement, obtaining property by false pretenses, possession of altered property, or any other fraudulent or dishonest dealing within the last 10 years. (b) Any applicant claiming to have a net worth of$50,000 or more shall file with the city, at the time of applying for a certificate of use, the following documentation: (1) A current financial statement prepared by a Florida certified public accountant; or (2) An affidavit stating the applicant's net worth is at least $50,000, accompanied by supporting documentation; or (3) If the applicant is a corporation, a copy of the applicant's most recently filed federal tax return. If the city cannot verify that the applicant meets the net worth requirement for a license, the city may require a finding, including the presentation of a current balance sheet, by an accounting firm or individual holding a permit to practice public accounting in this state, that the accountant has reviewed the books and records of the applicant and that the applicant meets the net worth requirement. 9 Strike through passages are deleted. Underlined passages are added. #2013-0-06 (c) If an applicant for a pawnbroker's certificate of use is not an individual, the eligibility requirements of this subsection, other than the requirements of subsection (a)(2), apply to each operator of the pawnshop and to each direct or beneficial owner of at least 10 percent of the outstanding equity interest of the pawnshop and, if the applicant is a corporation, to each officer and director of the corporation. Sec. 11-27.4 Application for certificate of use. ca) An application for a pawnbroker's certificate of use, for the transfer of an existing pawnbroker's certificate of use, or for the approval of a change in the ownership of a licensee's pawnshop must be under oath and must state the full name and place of residence of the applicant, the place where the business is to be conducted, and other relevant information required by F.S. §539.001(5). Sec. 11-27.5 Pawnbroker transaction form. (a) At the time the pawnbroker enters into any pawn or purchase transaction, the pawnbroker shall complete a state approved pawnbroker transaction form for such transaction, including an indication of whether the transaction is a pawn or a purchase, and the pledgor or seller shall sign such completed form, which must elicit the information required under this section. In completing the pawnbroker transaction form, the pawnbroker shall record the information required in subsection(b), which must be typed or written indelibly and legibly in English. (b) A pawnbroker transaction form must include: (1) The name and address of the pawnshop. 10 Strike through passages are deleted. Underlined passages are added. #2013-0-06 (2) A complete and accurate description of the pledged goods or purchased goods, including the following information, if applicable: a. Brand name. b. Model number. c. Manufacturer's serial number. d. Size. e. Color, as apparent to the untrained eye. f. Precious metal type, weight and content, if known. g. Gemstone description, including the number of stones. h. In the case of firearms, the type of action, caliber or gauge, number of barrels, barrel length, and finish. i. Any other unique identifying marks, numbers, names, or letters. Notwithstanding subsections (2)a. — i., in the case of multiple items of a similar nature delivered together in one transaction that do not bear serial or model numbers and that do not include precious metals or gemstones, such as musical or video recordings, books, and hand tools, the description of the items id adequate if it contains the quantity of items and a description of the type of items delivered. (3) The name, address, home telephone number, place of employment, place of birth, physical description and right thumbprint of the pledgor or seller. (4) The date and time of the transaction. 11 Strike through passages are deleted. Underlined passages are added. #2013-0-06 (5) The type of identification accepted from the pledgor or seller, including the issuing agency and the identification number. (6) In the case of a pawn: a. The amount of money advanced, which must be designated as the amount financed; b. The maturity date of the pawn, which must be 30 days after the date of the pawn; c. The default date of the pawn and the amount due on the default date; d. The total pawn service charge payable on the maturity date, which must be designated as the finance charge; e. The amount financed plus the finance charge that must be paid to redeem the pledged goods on the maturity date, which must be designated as the total of payments; f. The annual percentage rate, computed according to the regulations adopted by the Federal Reserve Board under the Federal Truth in Lending Act; and g. The front or back of the pawnbroker transaction form must include a statement that: 1. Any personal property pledged to a pawnbroker within this state which is not redeemed within 30 days following the maturity date of the pawn, if the 30th day is not a business day, then the following business day, is automatically forfeited to the pawnbroker, and absolute right, title, and interest in and to the property vests in and is deemed conveyed to the pawnbroker by operation of law, and no further notice is necessary; 12 Strike through passages are deleted. Underlined passages are added. #2013-0-06 2. The pledgor is not obligated to redeem the pledged goods; and 3. If the pawnbroker transaction form is lost, destroyed, or stolen, the pledgor must immediately advise the issuing pawnbroker in writing by certified or registered mail, return receipt requested, or in person evidenced by a signed receipt. 4. A pawn may be extended upon mutual agreement to the parties. (7) In the case of a purchase, the amount of money paid for the goods or the monetary value assigned to the goods in connection with the transaction. (8) A statement that the pledgor or seller of the item represents and warrants that it is not stolen, that is has no liens or encumbrances against it, and that the pledgor or seller is the rightful owner of the goods and has the right to enter into the transaction. (9) A pawnbroker transaction form must provide a space for the imprint of the right thumbprint of the pledgor or seller and a blank line for the signature of the pledgor or seller. (10) At the time of the pawn or purchase transaction, the pawnbroker shall deliver to the pledgor or seller an exact copy of the completed pawnbroker transaction form. Sec. 11-27.6 Hours of operation. No pawnbroker shall engage in or conduct business as a pawnbroker between the hours of 12:00 midnight and 6:00 a.m. Sec. 11-27.7 Recordkeeping; reporting; hold period. (a) A pawnbroker must maintain a copy of each completed pawnbroker transaction form on the pawnshop premises for at least 1 year after the date of the transaction. On or before the end of each business day, the pawnbroker must deliver to the appropriate law enforcement official 13 Strike through passages are deleted. Underlined passages are added. #2013-0-06 the original pawnbroker transaction forms for each of the transactions occurring during the previous business day, unless other arrangements have been agreed upon between the pawnbroker and the appropriate law enforcement official. If the original transaction form is lost or destroyed by the appropriate law enforcement official, a copy may be used by the pawnbroker as evidence in court. When an electronic image of a pledgor or seller identification is accepted for a transaction, the pawnbroker must maintain the electronic image in order to meet the same recordkeeping requirements as for the original transaction form. If a criminal investigation occurs, the pawnbroker shall, upon request, provide a clear and legible copy of the image to the appropriate law enforcement official. (b) All goods delivered to a pawnbroker in a pawn or purchase transaction must be securely stored and maintained in an unaltered condition within the jurisdiction of the appropriate law enforcement official for a period of 30 calendar days after the transaction. Those goods delivered to a pawnbroker in a purchase transaction may not be sold or otherwise disposed of before the expiration of such period. The pawnbroker shall make all pledged and purchased goods and all records relating to such goods available for inspection by the appropriate law enforcement official during normal business hours throughout such period. The pawnbroker must store and maintain pledged goods for the period prescribed in subsection 27-8 unless the pledged goods are redeemed earlier; provided, however, that within the first 30 days after the original pawn, the pledged goods may be redeemed only by the pledgor or the pledgor's attorney in fact. 14 Strike through passages are deleted. Underlined passages are added. #2013-0-06 Sec. 11-27.8 Pledged goods not redeemed. Pledged goods not redeemed by the pledgor on or before the maturity date of a pawn must be held by the pawnbroker for at least 30 days following such date or until the next business day if the 30th day is not a business day. Pledged goods not redeemed within the 30 day period following the maturity date of a pawn are automatically forfeited to the pawnbroker; absolute right, title and interest in and to the goods shall vest in and shall be deemed conveyed to the pawnbroker by operation of law; and no further notice is necessary. A pledgor has no obligation to redeem pledged goods or make any payment on a pawn. Sec. 11-27.9 Pawn service charges. (a) In a pawn transaction, a pawnbroker may contract for and receive a pawn service charge. The interest component of the pawn service charge shall be deemed to be two percent of the amount financed for each 30 day period in a pawn transaction. The pawnbroker may charge any amount of pawn service charge, so long as the total amount, inclusive of the interest component, does not exceed 25 percent of the amount financed for each 30 day period in a pawn transaction, except that the pawnbroker is entitled to receive a minimum pawn service charge of $5.00 for each such 30 day period. (b) The default date of any pawn may be extended to a subsequent date by mutual agreement between the pledgor and the pawnbroker; except the pawnbroker may not impose a minimum duration of more than 30 days, evidenced by a written memorandum, a copy of which must be supplied to the pledgor, which must clearly specify the new default date, the pawn service charges paid for the extension, and the pawn services charges owed on the new default date. In 15 Strike through passages are deleted. Underlined passages are added. #2013-0-06 this event, the daily pawn service charge for the extension shall be equal to the pawn service charge for the original 30 day period divided by 30 days (i.e., 1/30 of the original total pawn service charge). There is no limit on the number of extensions the parties may agree to. (c) The total amount of pawn service charges that a pawnbroker may collect in the case of pledged goods redeemed at any time within 30 days after the date of the pawn is the amount provided in subsection (a) of this section. The total amount of pawn service charges that a pawnbroker may collect in the case of redemptions occurring at any time more than 30 days after the date of the pawn is twice the amount provided in subsection (a) of this section; except that, for redemptions occurring more than 60 days after the date of the pawn, pawn service charges continue to accrue from and after the 60th day at the daily rate determined as provided in subsection (b) of this section. Any unused pawn service charge paid in advance by the pledgor shall be refunded by the pawnbroker. (d) Pledged goods may be redeemed by mail by agreement between the pledgor and the pawnbroker. The pledgor must pay in advance all moneys due and a reasonable charge assessed by the pawnbroker to recover its cost and expenses involved in the packaging, insuring and shipping of the pledged goods. If the pawnbroker insures the pledged goods in an amount not less than the amount advanced to the pledgor in the pawn transaction, the pawnbroker's liability for loss or damage in connection with the shipment of such pledged goods is limited to the amount of the insurance coverage obtained. (e) Any interest, charge or fees contracted for or received, directly or indirectly, in excess of the amounts authorized under this section are prohibited, may not be collected, and render the 16 Strike through passages are deleted. Underlined passages are added. #2013-0-06 pawn transaction voidable, in which case the pawnbroker shall forfeit the right to collect twice the amount of the pawn service charge contracted for in the pawn and, upon the pledgor's written request received by the pawnbroker within 30 days after the maturity date, shall be obligated to return to the pledgor the pledged goods delivered to the pawnbroker in connection with the pawn upon payment of the balance remaining due, provided that there shall be no penalty for a violation resulting from an accidental and bona fide error that is corrected upon discovery. Any action to circumvent the limitation on pawn service charges collectible under this section is voidable. If a pledgor makes a partial payment on a pawn that reduces the amount financed, any additional pawn service charges shall be calculated on the remaining balance of the original amount financed. Sec. 11-27.10 Prohibited acts. A pawnbroker, or an employee or agent of a pawnbroker, may not: (a) Falsify or intentionally fail to make an entry of any material matter in a pawnbroker transaction form. (b) Refuse to allow the agency, the appropriate law enforcement official, or the state attorney, or any of their designated representatives having appropriate jurisdiction, to inspect completed pawnbroker transaction forms or pledged or purchased goods during the ordinary hours of the pawnbroker's business or other time acceptable to both parties. (c) Obliterate, discard or destroy a completed pawnbroker transaction form sooner than three (3) years after the date of the transaction. (d) Accept a pledge or purchase property from a person under the age of 18 years. 17 Strike through passages are deleted. Underlined passages are added. #2013-0-06 (e) Make any agreement requiring or allowing the personal liability of a pledgor or the waiver of any of the provisions of this section. (f) Knowingly enter into a pawn or purchase transaction with any person who is under the influence of alcohol or controlled substances when such condition is apparent, or with any person using the name of another or the registered name of another's business. (g) Conduct any pawn or purchase transaction at a drive-through window or similar device in which the customer remains in a vehicle while conducting the transaction. 01) Fail to return or replace pledged goods to a pledgor upon payment of the full amount due the pawnbroker unless the pledged goods have been placed under a hold order under section 11- 27.4 taken into custody by a court or otherwise disposed of by court order, or lost or damaged. (i) Sell or otherwise charge for insurance in connection with a pawn transaction, except in connection with the shipment of pledged goods redeemed by mail as provided in section 11-27.9. (j) Engage in title loan transactions at a licensed pawnshop location. (k) Lease pledged goods to the pledgor or any other party. (1) Knowingly hire anyone to work in a pawnshop who has been convicted of, or entered a plea of guilty or nolo contendere to, or had adjudication withheld for a felony within the last 5 years, or been convicted of, or entered a plea of guilty or nolo contendere to, or had adjudication withheld for a crime within the last 5 years which involves theft, larceny, dealing in stolen property, receiving stolen property, burglary, embezzlement, obtaining property by false pretenses, possession of altered property, or any fraudulent, or dishonest dealing. 18 Strike passages are deleted. Underlined passages are added. #2013-0-06 (m) Knowingly accept or receive misappropriated property from a conveying customer in a pawn or purchase transaction. Sec. 11-27.11 Right to redeem; lost pawnbroker transaction form. (a) Only a pledgor or a pledgor's authorized representative is entitled to redeem the pledged goods described in the pawnbroker transaction form; however, if the pawnbroker determines that the person is not the original pledgor, or the pledgor's authorized representative, the pawnbroker is not required to allow the redemption of the pledged goods by such person. The person redeeming the pledged goods must sign the pledgor's copy of the pawnbroker transaction form, which the pawnbroker may retain as evidence of the person's receipt of the pledged goods. If the person redeeming the pledged goods is the pledgor's authorized representative, that person must present notarized authorization from the original pledgor and show identification to the pawnbroker and the pawnbroker shall record that person's name and address on the pawnbroker transaction form retained by the pawnshop. It is the pawnbroker's responsibility to verify that the person redeeming the pledged goods is either the pledgor or the pledgor's authorized representative. (b) If a pledgor's copy of the pawnbroker transaction form is lost, destroyed or stolen, the pledgor must notify the pawnbroker in writing by certified or registered mail, return receipt requested, or in person evidenced by a signed receipt; and receipt of this notice invalidates the pawnbroker transaction form if the pledged goods have not previously been redeemed. Before delivering the pledged goods or issuing a new pawnbroker transaction form, the pawnbroker must require the pledgor to make a written statement of the loss, destruction or theft of the 19 Strike through passages are deleted. Underlined passages are added. #2013-0-06 pledgor's copy of the pawnbroker transaction form. The pawnbroker must record on the written statement the type of identification and the identification number accepted from the pledgor, the date the statement is given, and the number of the pawnbroker transaction form that was lost, destroyed or stolen. The statement must be signed by the pawnbroker or the pawnshop employee who accepts the statement from the pledgor. A pawnbroker is entitled to a fee not to exceed $2.00 in connection with each lost, destroyed or stolen pawnbroker transaction form and the taking of a property prepared written statement. (c) Sales tax is not due or collectible in connection with the redemption of pledged goods. (d) If pledged goods are lost or damaged while in the possession of the pawnbroker, the pawnbroker may satisfy the pledgor's claim by replacing the lost or damaged goods with like kinds of merchandise of equal value, with which the pledgor can reasonably replace the goods. Such an offer of replacement is a defense to any prosecution based upon the loss or damage of the goods. Sec. 11-27.12 Pawnbroker's lien. A pawnbroker has a possessory lien on the pledged goods pawned as security for the funds advanced, the pawn service charge owed, and the other charges authorized under this section, but not for other debts due to the pawnbroker. A pawnbroker has no recourse against a pledgor for payment on a pawn transaction except for the pledged goods themselves. Except as otherwise provided in this section, the pawnbroker must retain possession of the pledged goods until the lien is satisfied or until the default date. The pawnbroker may be compelled to relinquish possession of the pledged goods only after receipt of the applicable funds advanced 20 Strike Strike4hreugh passages are deleted. Underlined passages are added. #2013-0-06 plus the accrued service charge and other authorized charges, upon court order, or as otherwise provided by law. Sec. 11-27.13 Claims against purchased Roods or pledged goods held by pawnbrokers. (a) To obtain possession of purchased or pledged goods held by a pawnbroker that a claimant claims to be misappropriated, the claimant must notify the pawnbroker by certified mail, return receipt requested, or in person evidenced by signed receipt, of the claimant's claim to the purchased or pledged goods. The notice must contain a complete and accurate description of the purchased or pledged goods and must be accompanied by a legible copy of the applicable law enforcement agency's report on the misappropriation of such property. If the claimant and the pawnbroker do not resolve the matter within 10 days after the pawnbroker's receipt of the notice, and if the pledged goods are not under a hold order under section 11-27.14, the claimant may petition the court to order the return of the property, naming the pawnbroker and the conveying customer as a defendant, and must serve the pawnbroker and the conveying customer with a copy of the petition. The pawnbroker shall hold the property described in the petition until the right to possession is resolved by the parties or by a court of competent jurisdiction. The court shall waive any filing fee for the petition to recover the property, and the sheriff shall waive the service fees. (b) If after notice and a hearing the court finds that the property was misappropriated and orders the return of the property to the claimant: (1) The claimant may recover from the pawnbroker the cost of the action, including the claimant's reasonable attorney's fees; and 21 Strike through passages are deleted. Underlined passages are added. #2013-0-06 (2) If the conveying customer is convicted of theft, a violation of this section, or dealing in stolen property, the court shall order the conveying customer to repay the pawnbroker the full amount the conveying customer received from the pawnbroker for the property, plus all applicable pawn service charges. As used in this paragraph, the term "convicted of" includes a plea of nolo contendere to the charges or any agreement in which adjudication is withheld; and (3) The conveying customer shall be responsible to pay all attorney's fees and taxable costs incurred by the pawnbroker in defending a replevin action or any other civil matter wherein it is found that the conveying customer was in violation of this paragraph. (c) If the court finds that the claimant failed to comply with the requirements in subsection (a) of this section or otherwise finds against the claimant, the claimant is liable for the defendant's costs, including reasonable attorney's fees. (d) The sale, pledge or delivery of tangible personal property to a pawnbroker by any person in this city is considered to be: (1) An agreement by the person who sells, pledges or delivers the tangible personal property that the person is subject to the jurisdiction of the court in all civil actions and proceedings arising out of the pledge or sale transaction filed by either a resident or nonresident plaintiff; (2) An appointment of the secretary of state by any nonresident of this state as that person's lawful attorney and agent upon whom may be served all process in suits pertaining to the actions and proceedings arising out of the sale, pledge or delivery; and 22 Strike through passages are deleted. Underlined passages are added. #2013-0-06 (3) Any agreement by any nonresident that any process in any suit so served has the same legal force and validity as if personally served in this state. Sec. 11-27.14 Hold orders; issuance; required information; procedures. (a) Placing of hold order. When a law enforcement officer has probable cause to believe that property in the possession of a pawnbroker is misappropriated, the law enforcement officer may place a written hold order on the property. The written hold order may impose a holding period not to exceed 90 days unless extended by court order. The law enforcement agency may place only one hold order on property. (b) Expiration. Upon the expiration of the holding period, the pawnbroker may notify, in writing, the appropriate law enforcement official by certified mail, return receipt requested, that the holding period has expired. If, on the 10th day after the written notice has been received by the appropriate law enforcement offical, the pawnbroker has not received from a court an extension of the hold order on the property, title to the property shall vest in and be deemed conveyed by operation of law to the pawnbroker, free of any liability for claims but subject to any restrictions contained in the pawn transaction contract and subject to the provisions of this section. (c) Contents. A hold order must specify: (1) The name and address of the pawnbroker. (2) The name, title and identification number of the representative of the law enforcement agency or the court placing the hold order. 23 Strike passages are deleted. Underlined passages are added. #2013-0-06 (3) If applicable, the name and address of the law enforcement agency or court to which such representative is attached and the number, if any, assigned to the claim regarding the property. (4) A complete description of the property to be held, including model number and serial number if applicable. (5) The name of the person reporting the property to be misappropriated. (6) The mailing address of the pawnbroker where the property is held. (7) The expiration date of the holding period. (d) Receipt. The pawnbroker or the pawnbroker's representative must sign and date a copy of the hold order as evidence of receipt of the hold order and the beginning of the 90-day holding period. (e) Release or disposal of property (1) Except as provided in subsection (e)(2) of this section, a pawnbroker may not release or dispose of property subject to a hold order except pursuant to a court order, a written release form the chief of police, or the expiration of the holding period of the hold order. (2) While a hold order is in effect, the pawnbroker may release the property subject to the holder order to the custody of the law enforcement official for use in a criminal investigation. The release of the property to the custody of the law enforcement official is not considered a waiver or release of the pawnbroker's property rights or interest in the property. Upon completion of the criminal investigation, the property must be returned to the pawnbroker unless the court orders other disposition. When such other disposition is ordered, the court shall 24 Strike through passages are deleted. Underlined passages are added. #2013-0-06 additionally order the conveying customer to pay restitution to the pawnbroker in the amount received by the conveying customer for the property together with reasonable attorney's fees and costs. Sec. 11-27.15 Injunctions. When the city has reasonable cause to believe that a person is violating this section, the city may enter an order requiring the person to stop the violation. The city may petition the court to enjoin the person from engaging in the violation, continuing the violation, or doing any act in furtherance of the violation. The court may order a preliminary or permanent injunction. Sec. 11-27.16 Confidentiality. All records relating to pawnbroker transactions delivered to the appropriate law enforcement official pursuant to this section are confidential and exempt from the provisions of Fla. Const., art. I, & 24(a), and F.S. §119.07(1) and may be used only for official law enforcement purposes. This section does not prohibit the disclosure by the appropriate law enforcement officials of the name and address of the pawnbroker, the name and address of the conveying customer, or a description of pawned property to the alleged owner of pawned property. Sec. 11-27.17 Enforcement. (a) Enforcement of this section shall be by the police department. Upon conviction, violators may be subject to penalties provided in section 1-14. Violations of this section that also constitute criminal violations of F.S. ch. 539 may be punished as provided in F.S._§ 539.001(17). 25 Strike th=ough passages are deleted. Underlined passages are added. #2013-0-06 (b) Additionally, violators may be subject to certificate of use revocation procedures as set forth in section 11-16 and suits for injunctive relief. 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. 26 Strike through passages are deleted. Underlined passages are added. #2013-0-06 PART F. ADOPTION. After Motion to approve by Councilwoman Bennington, with Second by Councilwoman Power, 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 September 9, 2013 was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter 27 Strike through passages are deleted. Underlined passages are added. #2013-0-06 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 28 Strike through passages are deleted. Underlined passages are added. #2013-0-06 AGENDA REQUEST Date: August 28, 2013 PUBLIC HEARING 09/09/13 RESOLUTION ORDINANCE 09/09/13 OTHER CONSENT BUSINESS CORRESPONDENCE ITEM DESCRIPTION: Ordinance 2013-0-10 FP&L Franchise Agreement (Second Reading) 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: August 19, 2013 AGENDA ITEM NO.Ordinance2013-0-10 ALI-A.. MI Concurrence: Fi �' ce Director Robin Matusick Parale;al • T .cey B_• ow ity Ma -ger 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 Strike-through passages are deleted. Underlined passages are added. #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 Strike Strike4hrough passages are deleted. Underlined passages are added. #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 3 Strike passages are deleted. Underlined passages are added. #2013-0-10 or relocation of any of its facilities, the portion of the public right-of-way so excavated shall 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 4 Strike through passages are deleted. Underlined passages are added. #2013-0-10 (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 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 5 Strike through passages are deleted. Underlined passages are added. #2013-0-10 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, 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. 6 Strike passages are deleted. Underlined passages are added. #2013-0-10 (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 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 7 Strike through passages are deleted. Underlined passages are added. #2013-0-10 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 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 8 Strike gh passages are deleted. Underlined passages are added. #2013-0-10 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 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 9 Strike-through passages are deleted. Underlined passages are added. #2013-0-10 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 provision 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. 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 and entitle the Grantee to withhold all or part of the payments provided for in Section 5 hereof until such time as a use permit is issued or a court of competent jurisdiction has reached a final determination in the matter. 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 10 StFi1Ee4 eugh passages are deleted. Underlined passages are added. #2013-0-10 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 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 11 Strike through passages are deleted. Underlined passages are added. #2013-0-10 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. 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 Strike through passages are deleted. Underlined passages are added. #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 Stfike-threugh passages are deleted. Underlined passages are added. #2013-0-10 AGENDA REQUEST C.A. #2013-AN-1303 Date: August 26, 2013 PUBLIC HEARING Sept. 9, 2013 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 2nd 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: City Council approved first reading of this Ordinance by a vote of 5-0 on August 19, 2013. 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: August 19, 2013 AGENDA ITEM #8c. Respe• ' lly submitt;d, Concurrence: Darren Lear Robin L. Matusick Development Services Director Paralega A _ ■■ •� acey T .rlow City M ager 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 Strip 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 Gigi Bennington, with Second by Christine Power, the vote on the first reading of this ordinance held on August 19, 2013, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilman Mike Ignasiak X Councilman Gene Emter X 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 Strik gh 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 a ; '. a - 2 6xy OrZiol g b - % 04 (4*' ',t 1 ___r0 b , 4 v.'41 Q 011;iilettikla • 1 Ali 1010114 .• Iiill illil ' 1 4W1111 t1.„-k''''' 100. I dd , 1 0e, • S iiii 0 Sil I 1140W ii. 41 thit1110 111110•041 414.; III- _ 1110. 0r-- A ITT A II - A ITITZ4Atr 11 trgt 1 is iive 1 la get-14i titt s: i 04s o - ottgli0 in ll 000 giV ito t ilk* Ortt40,14 SOS 1_______--- s � 0 • gO** $ 11 ie. di fli tAlow. 1 i d ag 0 00 kii %I i tilk A*''' \----- \-%1S--) 0 * $ 011111---/=' P' 1 ' -- 0 c,--N % % $ rx • ilA..,,-------$ 011 TS'e_, AGENDA REQUEST C.A. #2013-AN-1304 Date: August 26, 2013 PUBLIC HEARING Sept. 9, 2013 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 2nd 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 3 W (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: City Council approved first reading of this Ordinance by a vote of 5-0 on August 19, 2013. 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: August 19, 2013 AGENDA ITEM # 8f. Respe illy submitid, Concurrence: Darr:,Lear / Robin L. Matusick Development S•rvices Director Paraleg.l Tracey. 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 through 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 Mike Ignasiak, with Second by Gigi Bennington, the vote on the first reading of this ordinance held on August 19, 2013, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilman Mike Ignasiak X Councilman Gene Emter X 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 521°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 through 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 k ;. a .-.V :2 ..1% , t, 0 ‘..) ,ri 1 ;Iv c___, A ,c5. 1 2 Q, U ' U5 i \, az. voip s • %lilt 1),Atiii° \) '•• P • 414 rs"i►♦*4*4A, 4.,V"r\ ik A•' 1\ __is',"\c0v,,I1V11 *-i ' � , 1041► t'�f1 4\d V.r O„• .A i1lia P 0.. 1Ul'-'4�rte • •-, ' ,.c.,\�� ' ,y4 V 1.1 1111:10-01W\ lits**41440001 iiiii* 1•••••0 i' irticii4 '. ig. vi i !Iiisc,140111,0*--0 Ili of:* 1111.see, deka% It 194 ,\ 101414,10011 Q 'I to" t iii;1-0- -4;,i,vow: • oil irp,=noppn, * onto,0 c..\* ■,.. e„. iiinis 0, • - iv" w - 01 '.-4 ..GotioA' tilli\viiit Tri stilq:* Alga oloy.--- otL.,1 , - 00 oil.Vim, ,,, *TAlt,A, . - -..iii ,j,it a,1,V4,%-..01' ii,:,,,, .r.1 iiiii).1 *WI vowt .T.c;=Ott.% *.■stla,fp\ 010 ''\*IP 111-Atir-Ath* 61410 eraiViTir-2.a iiiiiilli 104 0"".1011‘4401*0 ,r r.: cP 4:-.--::- $.71,\% AGENDA REQUEST Tentative Millage Date: August 28, 2013 CONSENT PUBLIC HEARING September 9, 2013 RESOLUTION September 9, 2013 ORDINANCE OTHER BUSINESS CORRESPONDENCE ITEM DESCRIPTION: Resolution#2013-R-16 Approve Tentative Millage Rates for the City for Fiscal Year 2013-2014. BACKGROUND: Per Florida Statutes, including Chapter 200.065 (2)(e) 1. Provides that the City Council shall adopt a Tentative Millage rate prior to the adoption of a Tentative Budget. STAFF RECOMMENDATION: Staff recommends City Council approve Tentative Millage Rates for Fiscal Year 2013-2014 pursuant to Resolution 2013-R-16 that will be approved at the Final Hearing on Monday September 23, 2013. ACTION REQUESTED: Motion to approve the Tentative Millage Rates for Fiscal Year 2013-2014. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO x DATE: AGENDA ITEM NO. Res•ectfui submitted, Concurrence: ,► in [ J••:than C. McKinney Robin Matusick Finance Director Paral•gal a...__.( ✓/� Trace :arlow City anager RESOLUTION 2013-R-16 A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, ADOPTING FINAL MILLAGE RATES FOR THE CITY FOR FISCAL YEAR 2012-2013; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Statutes, including Section 200.065, provide that the City Council shall adopt a tentative millage rate prior to the adoption of a tentative budget; and, WHEREAS, the Volusia County Property Appraiser has certified the gross taxable value of property within the City of Edgewater as $616,083,636 and has certified a rolled-back rate of $6.2515 per $1,000 of taxable value for the City of Edgewater; and WHEREAS, October 1, 2013 is the commencement of the fiscal year for the City of Edgewater; and WHEREAS, on September 9, 2013, a public hearing was held on the tentative millage rate of$6.876 mills for fiscal year 2013-2014 and all persons desiring to voice objection or make comment upon said millage rate were given an opportunity to do so; and WHEREAS, on September 23, 2013, a public hearing will be held on the final millage rate for fiscal year 2013-2014 and all persons desiring to voice objections or to make comment upon said millage were given an opportunity to do so. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: Section 1: That the City Council of the City of Edgewater, Florida, deems it necessary to levy and does hereby levy a tax of$6.876 mills upon all real and personal property, railroads, telegraph and telephone lines within the City of Edgewater for operational purposes and $0.058 mills for Voted Debt Service. Section 2: The operating levy of $6.876 mills represents a 9.99% change from the rolled-back rate. Section 3: The Voted Debt Service levy of $0.058 mills based on the sale of the Limited General Obligation Note Payable in 2005. Section 4. This Resolution shall become effective immediately upon passage and adoption. After Motion for approval by and Second by the vote on this Resolution was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter PASSED, APPROVED AND ADOPTED this 23`d day of September, 2013. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie A. Wenzel Michael L. 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 23rd day of legality by: Aaron R. Wolfe, Esquire September, 2013 under Agenda Item No. City Attorney Doran, Sims, Wolfe, Ansay&Kundid AGENDA REQUEST Tentative Budget Date: August 28, 2013 CONSENT PUBLIC HEARING September 9, 2013 RESOLUTION September 9, 2013 ORDINANCE OTHER BUSINESS CORRESPONDENCE ITEM DESCRIPTION: Resolution#2013-R-17 Approve Tentative Budget providing for appropriations for Fiscal Year 2013- 2014. BACKGROUND: Per Florida Statutes, including Chapter 200.065 (2)(e) 1. Provides that the City Council shall adopt a Tentative Budget after the Tentative Millage. STAFF RECOMMENDATION: Staff recommends City Council approve the Tentative Budget for Fiscal Year 2013-2014 pursuant to Resolution 2013-R-17. ACTION REQUESTED: Motion to approve the Tentative Budget for Fiscal Year 2013-2014. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO x DATE: AGENDA ITEM NO. Respectfully.ubmitted, Concurrence: P: M (f Jo - han C. McKinney Robin Matusick Fi nce Director Paralegal racey 'rlow City .nager RESOLUTION 2013-R-17 A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, ADOPTING THE FINAL GENERAL FUND, ENTERPRISE FUNDS, AND ALL OTHER RELATED FUNDS BUDGETS AND THE CAPITAL IMPROVEMENTS PROGRAM FOR THE FISCAL YEAR 2013-2014; PROVIDING FOR APPROPRIATIONS; PROVIDING SEVERABILITY AND FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Edgewater has recommended a tentative annual budget for the next ensuing fiscal year beginning October 1, 2013 and ending September 30, 2014; and WHEREAS, a notice of public hearing on said budget was duly published; and WHEREAS, a public hearing was held on September 9, 2013, after having first adopted a tentative millage rate for the City for the Fiscal year 2013-2014, to consider the tentative budget and all persons desiring to voice objection or make comments upon said budget were given an opportunity to do so; and WHEREAS, within five days after due public advertising, a Public Hearing will be held to finalize the budget on September 23, 2013; and WHEREAS, a public hearing will be held on September 23, 2013, after having first adopted a final millage rate for the City for the Fiscal year 2013-2014, to consider the final budget and all persons desiring to voice objection or make comments upon said budget were given an opportunity to do so. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: Section 1: That the City Council of the City of Edgewater, Florida pursuant to the Charter of the City of Edgewater and Chapter 166, Florida Statutes, does hereby adopt the Tentative General, Enterprise and all other related Fund Budgets and Capital Improvements Programs, which are attached hereto and incorporated herein as Exhibit "A" which may later be amended by the City Council. Section 2. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 3. This Resolution shall become effective immediately upon passage and adoption. After Motion for approval by and Second by the vote on this Resolution was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter PASSED, APPROVED AND ADOPTED this 23rd day of September, 2013. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie A. Wenzel Michael L. 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 23rd day of legality by: Aaron R. Wolfe, Esquire September, 2013 under Agenda Item No. _ City Attorney Doran, Sims, Wolfe, Ansay&Kundid PRELIMINARY BUDGET PAGE# Budget Overview 1 Millage Rate Analysis 5 Tax Analysis 7 REVENUES AND EXPENSES FY 2013 -2014 REVENUES EXPENDITURES VARIANCE 001 -GENERAL FUND $ 12,324,722 $ 12,324,722 8 $ - 113-LAW ENFORCEMENT BLOCK $ 3,000 $ 3,000 88 $ - 114-GRANTS FUND $ 224,000 $ 224,000 91 $ - 115-SPECIAL LAW ENFORCEMENT TRUST FUND $ 18,000 $ 18,000 94 $ - 116-TRANSPORTATION IMPACT FEE $ 301,188 $ 301,188 97 $ - 117-POLICE IMPACT FEE FUND $ 151,000 $ 151,000 100 $ - 118-FIRE IMPACT FEE FUND $ 21,750 $ 21,750 103 $ - 119- RECREATION IMPACT FEE $ 60,000 $ 60,000 106 $ - 120-SCHOLARSHIP FUND $ 8,500 $ 8,500 109 $ - 205- I &S DEBT SERVICE FUND $ 33,946 $ 33,946 112 $ - 331 -CAPITAL PROJECTS FUND $ 633,419 $ 633,419 115 $ - 440-WATER& SEWER $ 8,741,019 $ 8,741,019 119 $ - 442-WATER DEVELOPMENT $ 430,000 $ 430,000 151 $ - 443-SEWER DEVELOPMENT $ 295,000 $ 295,000 154 $ - 444-RENEWAL& REPLACEMENT $ 490,000 $ 490,000 157 $ - 445-WATER&SEWER RATE STABILIZATION $ 62,789 $ 62,789 160 $ - 447-REFUSE $ 2,832,379 $ 2,832,379 163 $ - 448-STORMWATER OPERATING $ 1,330,030 $ 1,330,030 172 $ - 449-STORMWATER CAPITAL $ 839,560 $ 839,560 180 $ - 450- PUBLIC WORKS COMPLEX $ 950,000 $ 950,000 183 $ - 501 -MIS $ 383,032 $ 383,032 186 $ - 502-FLEET $ 907,661 $ 907,661 193 $ - 503-LOSS FUND $ 371,706 $ 371,706 201 $ - 504- FULLY INSURED INSURANCE $ 2,232,780 $ 2,232,780 205 $ - 505-WORKERS COMPENSATION $ 349,460 $ 349,460 209 $ - TOTAL ALL FUNDS $ 33,994,941 $ 33,994,941 $ - Sh AGENDA REQUEST Date: August 28, 2013 PUBLIC HEARING September 9, 2013 RESOLUTION September 9, 2013 ORDINANCE OTHER CONSENT BUSINESS CORRESPONDENCE ITEM DESCRIPTION: Resolution No. 2013-R-18 Payment in Lieu of Franchise Fees (PILOFF) BACKGROUND: Beginning October 1, 2013, the City of Edgewater utilities system shall pay to the City of Edgewater general fund as payments in lieu of franchise fees an amount equal to 5.9 percent of the revenues collected by the water and sewer system, solid waste and stormwater system funds during each fiscal year. Such Revenues shall not include Impact Fees and interest income in the systems capital project funds. A privately owned utility providing a water and sewer system, solid waste and stormwater system services would be required to obtain franchises and pay franchise fees to the City of Edgewater for the acquisition, construction, improvement, operation and maintenance of such system. STAFF RECOMMENDATION: Approve the Payment in Lieu of Franchise Fee Resolution. ACTION REQUESTED: Motion to approve Resolution No. 2013-R-18 FINANCIAL IMPACT: N/A (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES x NO DATE: AGENDA ITEM NO. Concurrence: C Fence Director Robin Matusick Paraleg-1 � Ap</.• T-_cey B_ Isw ity Ma -ger RESOLUTION NO. 2013-R-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; RELATING TO PAYMENTS IN LIEU OF FRANCHISE FEES (PILOFF) BY THE CITY OF EDGEWATER UTILITIES SYSTEM; INCORPORATING RECITALS; PROVIDING AUTHORITY; REQUIRING THE CITY OF EDGEWATER UTILITIES SYSTEM TO PAY THE CITY OF EDGEWATER GENERAL FUND AS PAYMENTS IN LIEU OF FRANCHISE FEES AN AMOUNT EQUAL TO 5.9 PERCENT OF THE REVENUES COLLECTED BY THE WATER AND SEWER SYSTEM OPERATING FUND, REFUSE AND RECYCLING OPERATING FUND AND THE STORMWATER OPERATING FUND BEGINNING OCTOBER 1, 2013; REQUIRING PAYMENTS IN LIEU OF FRANCHISE FEES EACH MONTH OR AT OTHER PERIODIC INTERVALS UNTIL AMENDMENT, REPEAL OR RESCISSION OF THIS RESOLUTION; SPECIFYING FUNDS FOR PAYMENTS IN LIEU OF FRANCHISE FEES; PROVIDING ADDITIONAL AUTHORIZATION TO IMPLEMENT AND CARRY OUT THIS RESOLUTION; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater, Florida, desires to implement payments in lieu of franchise fees as authorized by City Council; and WHEREAS, Resolution #2013-R-17 of the City of Edgewater Code of Ordinances authorizes the City of Edgewater to require the utilities system to make payments to the City's general fund in lieu of franchise fees which a privately owned utility would be required to pay; and WHEREAS, this Resolution defines the term "Operating Expenses" of the utilities system to include payments-in-lieu-of-franchise fees; and WHEREAS, as used in this resolution, the City of Edgewater utilities system means the water and sewer system, refuse and recycling collection and stormwater system; and 2013-R-18 1 WHEREAS, the City of Edgewater has constructed, acquired, improved and owns, maintains and operates a utilities system pursuant to Chapter 19 (Utilities and Services) of the City of Edgewater Code of Ordinances; and WHEREAS, the City of Edgewater public utilities system uses and occupies rights of way, easements, lands under water, and other similar property rights throughout the City in connection with the acquisition or construction of additions, extensions and improvements or the operation or maintenance of such utilities system; and WHEREAS, the City of Edgewater has made substantial investments and expenditures in the acquisition, construction, improvement, operation and maintenance of such utilities system; and WHEREAS, the utilities system constitutes a significant asset of the City of Edgewater; and WHEREAS, as used in this resolution, the City of Edgewater utilities system means the water and sewer system, refuse and recycling collection and stormwater system; and WHEREAS, a privately owned utility providing a water and sewer system, solid waste and stormwater system services would be required to obtain franchises and pay franchise fees to the City of Edgewater for the acquisition, construction, improvement, operation and maintenance of such system; and WHEREAS, the payments required by this resolution represent a return on the investment of the City of Edgewater in the utilities system and approximate the value of a franchise fee that would be paid to the City of Edgewater by a privately owned utility. NOW, THEREFORE, be it resolved by the City Council of Edgewater, Florida: Section 1. The recitals set forth above are true and correct and are hereby incorporated into this resolution as though specifically stated herein. Any capitalized term used in this 2013-R-18 2 resolution and not otherwise defined shall have the meaning ascribed to such term in the Resolution. Section 2. Beginning October 1, 2013, the City of Edgewater utilities system shall pay to the City of Edgewater general fund as payments in lieu of franchise fees an amount equal to 5.9 percent of the revenues collected by the water and sewer system, solid waste and stormwater system funds during each fiscal year, and (hereinafter referred to as the "Revenues"). Such Revenues shall not include Impact Fees and interest income in the systems capital project funds. The payments shall be made no later than thirty (30) days after the end of each month during the fiscal year or at such other periodic intervals as determined by the Finance Department. Section 3. The payments in lieu of franchise fees in the amount of 5.9 percent of the Revenues from the City of Edgewater utilities system to the general fund shall continue to be paid each month or at such other periodic intervals as determined by the Finance Department until amendment, repeal or rescission of this resolution by the City Council. Section 4. The payments in lieu of franchise fees shall be paid as Operating Expenses of the City of Edgewater utilities system from monies available in the Funds established pursuant to the applicable budget resolution. Section 5. The City Council and other appropriate officials of the City of Edgewater are hereby authorized and directed to take appropriate action to implement and carry out the intent of this resolution. Section 6. All resolutions or parts of resolutions in conflict herewith are hereby repealed. 2013-R-18 3 Section 7. This resolution shall take effect upon adoption. After a motion by with Second by , the vote on this resolution 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 PASSED AND DULY ADOPTED this 91h 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 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 9th day of September,2013 Aaron R. Wolfe, Esquire under Agenda Item No 8 City Attorney Doran, Sims,Wolfe&Kundid 2013-R-18 4 �SY AGENDA REQUEST Date: August 26 2013 PUBLIC HEARING RESOLUTION 09/09/13 ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION Resolution No. 2013-R-19 Proclaiming September 28, 2013 as National Estuaries Day and participating in the Hands Across the Lagoon event. BACKGROUND The Indian River Lagoon National Estuary Program and Marine Resources Council are working with local and state governments, organizations and stakeholders in Volusia County to organize a Hands Across the Lagoon event as part of National Estuaries Day. Locally, the event will take place on Saturday, September 28, 2013 from 9:00 — 10:00 am along the south causeway bridge in New Smyrna Beach. This will give city leaders, residents and business owners an opportunity to show their support for a restored and vibrant Indian River Lagoon. RECOMMENDATION Staff recommends approval of Resolution 2013-R-19: supporting National Estuaries Day and the Hands Across the Lagoon event. ACTION REQUESTED Motion to approve Resolution No. 2013-R-19. FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NUMBER: Respectfully Submitted By: Concurrence: Bonnie Wenzel, CMC Barlow City Clerk City anager Robin Matusick Paralegal RESOLUTION NO. 2013-R-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PROCLAIMING SEPTEMBER 28, 2013 AS NATIONAL ESTUARIES DAY AND PARTICIPATING IN THE HANDS ACROSS THE LAGOON EVENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Edgewater recognizes the environmental, transportation, economic and overall quality of life benefits that the Indian River Lagoon provides to the Space Coast region; and WHEREAS, the economic value of the Indian River Lagoon has been estimated at more than $3.7 billion annually to our state and region; and WHEREAS, the central and northern segments of the Indian River Lagoon have lost more than 47,000 acres of vital seagrass habitat since 2011 from harmful algal blooms; and WHEREAS, numerous manatees, dolphins and pelicans have died in the Indian River Lagoon within the past year, resulting in the formal declaration of an Unusual Mortality Event; and WHEREAS, the residents of the City of Edgewater are becoming increasingly concerned about the status of the Indian River Lagoon's water quality and overall health; and WHEREAS, National Estuaries Day will be celebrated on September 28, 2013, to recognize the importance that estuarine ecosystems serve as natural barriers to buffer against storms and floods, absorb and store carbon, and provide critical habitat for commercial and recreational fisheries; and WHEREAS, the Indian River Lagoon National Estuary Program and Marine Resources Council are working cooperatively with local and state governments, organizations and stakeholders in Volusia County to organize a Hands Across The Lagoon event on national 1 #2013-R-19 Estuaries Day on September 28, 2013, so as to give Edgewater residents an opportunity to show their support for a restored and vibrant Indian River Lagoon by joining hands along selected causeway bridges. NOW, THEREFORE, the City Council of Edgewater, Florida: Section 1. Hereby joins the Indian River Lagoon National Estuary Program and its partners by supporting the proclamation of September 28, 2013 as "National Estuaries Day — Hands Across the Lagoon". Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. This Resolution shall take effect immediately upon adoption. After a motion by with Second by , the vote on this resolution 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 2 #2013-R-19 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 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 9th day of September,2013 Aaron R. Wolfe, Esquire under Agenda Items No. 8 . City Attorney Doran, Sims, Wolfe&Kundid 3 #2013-R-19 s , AGENDA REQUEST NO NAME-SA-1304 Date: August 26, 2013 PUBLIC HEARING September 9, 2013 RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS X ITEM DESCRIPTION Todd Johnson, applicant for No Name Saloon, located at 2001 S. Ridgewood Avenue is requesting a Special Activities permit for Biketoberfest 2013 events with outdoor music to be held October 17 through October 20, 2013. BACKGROUND The event is scheduled to be held October 17 through October 20, 2013, with the hours of operation being from 9:00 a.m. to 3:00 a.m., outdoor entertainment will be provided from 1:00 p.m. to 10:00 p.m. No amplified public address system will be permitted after 10:00 p.m. each day. The applicant will be responsible for any law enforcement and other expenses the City incurs during this event. Property owners within 500-feet have been notified of the public hearing. STAFF RECOMMENDATION The Technical Review Committee has reviewed the application and recommends approval of the special activities permit to allow No Name Saloon to hold Biketoberfest 2013 activities with outdoor music from October 17 through October 20, 2013, based on following conditions: 1. All gates must remain unlocked for emergency ingress/egress; 2. Access must remain open to the rear of the building to allow emergency vehicle access to open area on the south side of the business; 3. The fire hydrant on Boston Road may not be obstructed in any way, which would prevent immediate access for its use; 4. The occupant load of the assembly area may never be exceeded; 5. No parking shall be permitted within the U.S. Highway 1 right-of-way. No parking shall be permitted within the Boston Road right-of-way. These areas shall be clearly marked (i.e. taped off) and kept free from vehicle encroachment at all times. Parking along U.S. Highway 1 must be east of the western wall of the main building; 6. Daily fire, life safety and code inspections will be conducted throughout the duration of the permit.Life safety inspections will be conducted each day of the event by Edgewater Fire Rescue. (Remind the vendors that they will also be inspected for appropriate life safety equipment such as cooking hood suppression systems and fire extinguishers). 7. The applicant fully complies with Section 21-37 (Special Activity Requirements) of the Land Development Code and Article II (Noise) of Chapter 10 (Health and Sanitation) of the Code of Ordinances; 8. The applicant shall provide "Heavy Traffic Ahead" signs; 9. Traffic signage (directional/congestion) shall comply with the Florida Manual on Uniform Traffic Control Devices (MUTCD). 10. No outdoor amplified public address system shall be in use after 10:00 p.m.; 11. Vendor Information sheets must be completed for all vendors and submitted to this office prior to the permit being issued; 12. No parking is permitted in public right-of-ways or in the site visibility triangle; 13. Uniformed police detail officers shall be present during heavy attendance days to facilitate safe crossing of U.S. Highway 1. Additional officers should be added if attendance exceeds the capability of officers to handle flow or if pedestrian safety issues arise; 14. U.S. Hwy 1 must be coned in front of the business to slow traffic and prevent accidents; 15. Motorcycle parking along U.S. Highway 1 is not permitted and all vehicles must be moved to off-site areas for safety reasons. Signage prohibiting parking along roadway and enforcement action to support such shall be in place. 16. Banners and advertisement signage visible from the right of way should be made out of a durable material and made by a qualified, professional sign maker. Homemade signage is prohibited. Offensive wording or images are prohibited on signage. 17. Staff shirts shall have lettering that clearly indicates the person wearing the shirt is part of the event staff. No offensive wording or images shall be on the shirts. 18. Parking shall be prohibited in the roadway and right of way between No Name and the Family Dollar to allow full access by emergency vehicles. No Name shall be responsible for placing and maintaining signage,barricades, traffic cones or any temporary barrier in the no parking area. 19. The parking area between the fence and S. Ridgewood shall be limited to motorcycle parking only. 20. The new kitchen must not be in operation during said event without all applicable final approvals. ACTION REQUESTED Motion to approve the special activities permit to allow No Name Saloon to hold Biketoberfest 2013 activities with outdoor music from October 17 through October 20, 2013 based on staffs recommendations. FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectjf'ully Sub ;ltted By: Concurrence: Darren Lear Robin Matusick Development Services Director Paralegal t ,. . _ I_ racey . Barlow City anager SPECIAL ACTIVITY PERMIT NO NAME SALOON 2001 S. RIDGEWOOD AVENUE EDGEWATER, FLORIDA 32132 APPLICANT: Todd Johnson FUNCTION: Biketoberfest 2013 Event SPECIAL ACTIVITY PERMIT REQUIREMENTS 1. A Special Activity Permit has been issued for No Name Saloon — Biketoberfest 2013 event to be held October 17, 2013 through October 20, 2013, with the hours of operation being from 9:00 a.m. to 3:00 a.m. Outdoor amplified public address system shall be permitted from 1:00 p.m. until 10:00 p.m. (4 days at$200.00 per day Fee of$800.00 paid). 2. All conditions of the City's Code of Ordinances, nuisances, noise, health, sanitation and miscellaneous offenses, unless otherwise provided for, shall be applicable during the activity. 3. Proposed use will not result in unsafe ingress and/or egress for pedestrians or vehicles, and shall comply with parking requirements for that use. 4. A description of adequate provisions for parking will be supplied in advance to the Development Services Department for staff review. Applicant must obtain written permission from all property owners granting authorization to use their property for this event, including use for parking facilities. Applicant will supply adequate manpower for parking vehicles during the event. 5. Applicant shall provide the City Clerk with a bond or an insurance policy to protect City from liability in form and substance acceptable to City of at least $500,000 if no on-site alcohol consumption is proposed and $1,000,000 if on-site alcohol consumption is permitted and/or pyrotechnics are proposed to indemnify and hold the City harmless of any and all liabilities. Applicant will also sign a Hold Harmless Agreement. 6. Sanitary facilities must be adequate for expected attendance and remain on site for the duration of the event including potable water, if necessary. 7. No parking is permitted in public right-of-ways or in the site visibility triangle (Exhibit `A'). 8. The City shall provide scheduled and unscheduled inspections prior to and/or during the special activity by police, fire, code compliance, building and/or City administration representatives to monitor and ensure compliance with all applicable City, County and State codes. Special activity permits that include outdoor entertainment may require code compliance, police, and/or fire department personnel to remain on site during the activity. The cost of said personnel shall be reimbursed to the City by the sponsor/promoter. Appropriate State of Florida agencies are responsible for the inspection of amusement 1 rides and public food preparation facilities. 9. The proposed use will substantially comply with the appropriate Life Safety Code and Building Code requirements. Plans must be approved by Fire and Police Departments. 10. No signage for advertising the event shall be placed on any public right-of-way. Any signs used for the event must be permitted and inspected by the Development Services Department. All signs shall be removed within 1 day of the end of the event. 11. The number of special activities at any given location or address shall not exceed one 10-day period and two 1-day charitable events/activity between the period of January 1st through June 30th; and one 10-day period and two 1-day charitable events/activity between the period of July 1St through December 31St. Any exemptions to these requirements must be approved by City Council. A letter of authorization from property owner must be supplied to the City. 12. The proposed use is limited to a specific period of time listed on the Special Activity Application, not to exceed ten days. 13. The proposed use will operate only during the specific daily time period requested on the application. 14. The proposed activity will direct on-site lighting away from adjacent parcels and roadways. 15. It shall be the responsibility of the applicant of the special activity permit to ensure the structural integrity of all temporary structures erected for special activities. The structures are to be safe, structurally sound and of adequate capacity to service the number of persons proposed to use the structure and must be removed with five (5) days of completion of the special activity. The Building Official and Fire Marshal shall verify such compliance is obtained. 16. No electrical cords to be placed across driveways or driving lanes. 17. No open flames permitted. 18. Fire extinguishers (minimum size 2a40bc) must have valid inspection tags and must be on site at all times and be readily available. The quantity of fire extinguishers to be determined by the Fire Department. 19. Access roadways must be maintained at a minimum width of 20 feet. 20. Overnight parking or camping is prohibited. 21. For events taking place in grass lots or fields, the vegetation must be cut prior to set up. 22. Individual vendors must register with the City and food vendors must have proper state inspections. {Department of Business and Professional Regulations will do inspections (800-375-6975), fees may be required by the State} 2 23. Applicant is responsible for leaving property clear of all trash, garbage and litter. 24. Any person or entity who shall conduct, operate or maintain a special activity and fails to obtain a special activity permit shall be ordered to cease and desist and be punished by a fine of three times the cost of the application fee as well as all associated City fees. No further special activities shall be authorized until all penalties are current. A repeat offender shall not be eligible for a special activity permit for a one-year period. A repeat offender is defined as a sponsor/promoter who violates any of the conditions of the special activity permit more than one time in a six-month period. 25. The applicant must provide adequate parking for those in attendance. 26. All off-site parking will require a traffic detail. 27. A special activity requesting road closures will provide "road closed" signs and barricades. 28. A special activity with heavy/congested vehicular and/or pedestrian traffic will provide "congested area ahead" signs along with an additional generated light system that will illuminate the area of crossing/congestion. 29. The City shall monitor noise levels to determine if a public nuisance exists. The permit holder shall comply with the City's determination. Special Activity permit is subject to revocation if owners fail to comply with noise abatement. Article II (Noise) of Chapter 10 (Health and Sanitation) of the Code of Ordinances shall be upheld. (See Exhibit `B' attached.) ADDITIONAL CONDITIONS PER FIRE MARSHAL/POLICE DEPARTMENT: 1. All gates must remain unlocked for emergency ingress/egress; 2. Access must remain open to the rear of the building to allow emergency vehicle access to open area on the south side of the business; 3. The fire hydrant on Boston Road may not be obstructed in any way which would prevent immediate access for its use; 4. The occupant load of the assembly area may never be exceeded; 5. No parking shall be permitted within the U.S. Highway 1 right-of-way. No parking shall be permitted within the Boston Road right-of-way. These areas shall be clearly marked (i.e. taped off) and kept free from vehicle encroachment at all times. Parking along U.S. Highway 1 must be east of the of the western wall of the main building; 6. Daily fire, life safety and code inspections will be conducted throughout the duration of the permit. Life safety inspections will be conducted each day of the event by Edgewater Fire Rescue. (Remind the vendors that they will also be inspected for appropriate life safety equipment such as cooking hood suppression systems and fire extinguishers). 7. The applicant fully complies with Section-21-37 (Special Activity Requirements) of the Land Development Code and Article II(Noise)of Chapter 10 (Health and Sanitation)of the Code of Ordinances; 8. The applicant shall provide "Heavy Traffic Ahead" signs; 3 9. Traffic signage (directional/congestion) shall comply with the Florida Manual on Uniform Traffic Control Devices (MUTCD). 10. No outdoor amplified public address system shall be in use after 10:00 p.m.; 11. Vendor information sheets must be completed for all vendors and submitted to this office prior to the permit being issued; 12. No parking is permitted in public right-of-ways or in the site visibility triangle; 13. Uniformed police detail officers shall be present during heavy attendance days to facilitate safe crossing of U.S. Highway 1. Additional officers should be added if attendance exceeds the capability of officers to handle flow or if pedestrian safety issues arise; 14. U.S. Highway 1 must be coned in front of the business to slow traffic and prevent accidents; 15. Motorcycle parking along U.S. Highway 1 is not permitted and must be moved to off-site areas for safety reasons. Signage prohibiting parking along roadway and enforcement action to support such shall be in place. 16. Banners and advertisement signage visible from the right-of-way should be made out of a durable material and made by a qualified, professional sign maker. Homemade signage is prohibited. Offensive wording or images are prohibited on signage. 17. Staff shirts shall have lettering that clearly indicates the person wearing the shirt is part of the event staff. No offensive wording or images shall be on the shirts. 18. Parking shall be prohibited in the roadway and right-of-way between No Name and the Family Dollar to allow full access by emergency vehicles. No Name shall be responsible for placing and maintaining signage,barricades,traffic cones or any temporary barrier in the no parking area. 19. The parking area between the fence and N. Ridgewood shall be limited to motorcycle parking only. 20. The new kitchen must not be in operation during said event without all applicable final approvals. I AM AWARE THAT I AM RESPONSIBLE FOR REIMBURSING THE CITY IF ADDITIONAL SERVICES ARE REQUIRED FOR THIS EVENT. I have read and understand that I must comply with the above conditions. Signature Date Permit Reviewed/Approved by: Police Chief Fire Chief Permit issued by: Darren Lear, Development Services Director Date CC: City Council, City Manager, City Clerk, Police Chief, Fire Chief, Building Official and Development Services Director 4 EXHIBIT "A" 21-38.03 —Site Triangle Requirements a. Nothing shall be erected, planted or placed in a manner as to materially impede vision between a height of two and one-half feet (2 '/2") to ten feet (10') above the intersecting street right-of-way lines. The site triangle shall be measured fifty feet (50') in each direction from the intersecting right-of-way lines. These regulations may also apply in commercial ingress and egress driveway areas if the TRC determines that a safety hazard may exist. Q LINE OF VISIBILITY I WW1C CI 41 16. 1 0 1 W CORNER LOT 4 V z u - V]VISIB1tfTYTRIANGiE EXHIBIT "B" ARTICLE II -NOISE Sec. 10-22. General restrictions. (a) No person shall operate or cause to be operated any source of sound from any subject parcel in such a manner as to create a noise nuisance or sound level which exceeds the limits set forth for the use occupancy in Table 1, when measured at the property boundary of the subject property from which the sound emanates. (b) Sound or noise emanating from one use occupancy category into another use occupancy category with a different noise level limit shall not exceed the limits of the use occupancy category into which the noise is projected. TABLE 1 Noise Restrictions Use Occupancy Category Time Sound Level Limit (dBA) Residential 8:00 AM - 9:00 PM 60 9:00 PM - 8:00 AM 50 Commercial 7:00 AM - 10:00 PM 65 10:00 PM - 7:00 AM 60 Manufacturing All times 75 Noise Sensitive Zone All times 50 Special Activity Permit Hold Harmless Agreement In consideration for the privileges associated with the NO NAME BIKETOBERFEST 2013 EVENT SPECIAL ACTIVITY PERMIT, the undersigned agrees that it shall not claim any damages from the City of Edgewater ("City") in connection with or on account of, and as between the parties shall be solely responsible for, any injuries or damages arising from the undersigned's (including their agents, representatives, and employees) participation in their Special Activity known as BIKETOBERFEST 2013 EVENT ("Special Activity"). The City provides no express or implied warranties or representations as to the fitness of the site and the undersigned assumes all risks in undertaking the Special Activity. The undersigned shall keep, protect and save the City harmless of any loss, costs or expenses of any sort and nature and from any liability to any person, natural or artificial, on account of any damage to any person or property arising from the undersigned's participation in the Special Activity. The undersigned further agrees to hold harmless from and to indemnify the City against any and all claims made by anyone injured or otherwise damaged while in or about the site during the Special Activity. The undersigned further agrees to have sole responsibility for any costs, penalties, fines or other damages incurred by the City or any other party that are in any way a result of the undersigned's participation in the Special Activity. IN WITNESS WHEREOF, this day of , 2013. WITNESSES TODD JOHNSON ON BEHALF OF NO NAME SALOON Name: By/Title: COUNTY OF VOLUSIA STATE OF FLORIDA I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , who is duly authorized to execute this document on behalf of , is personally known to me or has produced as identification and who executed the foregoing instrument and acknowledged before me that he/she executed same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2013. (Seal/Stamp) Notary Public (Commission Expiration Date) State of Florida at Large (Forms/Indemnification-SpecialActivityPermit-2010) NONAMES-01 BEEKMANC A R " CERTIFICATE OF LIABILITY INSURANCE DAT 8/6/2 D/YYYY) 8/6/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Insurance Office of America PHONE (/ )243 6899 800 - FAX 4 P.O.Box 162207 (A/C.No,Ext): (A/C,No): ( 07)788-7933 Altamonte Springs,FL 32716-2207 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hudson Specialty Ins Co 37079 INSURED INSURER B: No Name Saloon INSURER C: 2001 S Ridgewood Avenue INSURER D: Edgewater,FL 32141 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL LTR TYPE OF INSURANCE INSR SWVD POLICY NUMBER POLICY EFF POLICY EXP M/ LIMITS (MDD/YYYY► (MM/OD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY HSGM00308 2/24/2013 2/24/2014 DAMAGE TO RENTED 100 000 PREMISES(Ea occurrence) $ , CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY _ $ 1,000,000 GENERAL AGGREGATE _ $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG_ $ 2,000,000 -1 POLICY X jECT LOC Liq Liability $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per $ AUTOS AUTOS er accident) AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS JPER ACCIDENT) UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE _ $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Edgewater N Riverside Dr (Edgewater,FL 32132 ", ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD e F a a CO ----,i . x,a'�. k C C C C C C C t g yj f0 f6 ,►^t O (um t6 t6 (6 lC `m gl o CL CL as � d a � -0 m o 0) 0) n -E eca mm CtS as n a 0 0 a � (U . ca o) co aC :C p a %Nao 4S: 6 L.4.4 I nn'' N Y 'L , .,:::::,,,,„ (.,.C 0) E Aft oO a �' m m a.'i1s1 C rn - g L� >, ,; c6 N I I N . rn �! -t--74:i7;°4":ru ,,,- C c -F-+ v CL a Q) a) la) 0) o, C �, A C C C c c •Itv Ili, - ar t aa_ ad c ac OP as n_ c c r = c c 2 c m m m m a CL E C C y N d I I I 0) E e E L" 0 8 0 0 0 s C C C C C C C C C > > > > > > 410 Am. 1 AGENDA REQUEST Qa Date: July 23, 2013 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS August 19, 2013 ITEM DESCRIPTION: Kimley-Horn& Associates, Inc. Consultant Services Agreement- Addendum#1 (Sidewalks—Volco Rd to N City Limits) Work Order#2011-05 BACKGROUND: Pursuant to the LAP Agreement between the City and FDOT we entered into an agreement with Kimley-Horn on September 12, 2011 for design services for sidewalks from Volco Road to North City Limits. The Agreement was for a two year period with an option for renewal. The City is requesting approval of Addendum #1 which will extend the agreement from September 12, 2013 to September 11,2014. Work Order #2011-05 with Kimley-Horn will allow for a smooth transition from the design phase to the construction phase (which will include engineering support and post design services)of the sidewalk project at a cost of$39,253.80. STAFF RECOMMENDATION: Staff recommends that the City Council consider approval of Addendum #1 to the Kimley-Horn & Associates, Inc. Consultant Services Agreement and Work Order #2011-05 and authorize the City Manager to execute the associated documents. ACTION REQUESTED: Motion to approve Addendum #1 to the Kimley-Horn & Associates, Inc. Consultant Services Agreement and Work Order#2011-05 and authorize the City Manager o exe•if e the associated documents. FINANCIAL IMPACT: (Finance Director) I: ( ` This phase of the project will be budgeted t.itir GL# 331-5555-580.6N (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM # Respectfully submitted, Concurrence: Males a J.N. Ha 4s Robin L. Matusick Grant./Projects Coordinator Paralegal (2 JAior order Trace, . Barlow ector of Leisure Services Ci , Manager ADDENDUM NUMBER 1 KIMLEY-HORN AND ASSOCIATES,INC. CONSULTANT SERVICES AGREEMENT FINAL DESIGN SERVICES FOR S.R.#5(US HIGHWAY#1) SIDEWALKS FROM VOLCO ROAD TO NORTH CITY LIMITS OF EDGEWATER By Agreement made and entered into this day of , 2013, by and between the CITY OF EDGEWATER, FLORIDA (hereinafter referred to as"CITY") and KIMLEY-HORN AND ASSOCIATES,INC.,(hereinafter referred to as"Consultant"). WITNESSETH The CITY and Consultant mutually agree to amend that certain Agreement between the CITY and Consultant made and entered into on September 12,2011 as follows: 1) Both parties wish to utilize the option contained in paragraph 11. TERM OF THE CONTRACT by electing to renew the contract for an additional term of one (1) year. Thereby extending the current contract from September 12, 2013 through and until September 11,2014. 2) The parties acknowledge that all other terms, provisions and conditions of the original Agreement are republished,ratified and reaffirmed by the parties hereto. IN WITNESS HEREOF the parties have made and executed this Addendum the day and year written above. WITNESSES: CITY OF EDGEWATER,FLORIDA By: Tracey T.Barlow City Manager Dated: WITNESSES: KIMLEY-HORN & ASSOCIATES,INC. gyre, g - Jay I a�1 o (A/41.1.44c-4-7 Sen or Vice-President--Orlando (�,,r�5 Dated: "7-2-5'ZS- 13 (Agreement\KimleyHorn-Sidewalk-Addendum#1-2013) P.O.# WORK ORDER NO. 2011-05 AGREEMENT FOR ENGINEERING CONSULTANT KIMLEY-HORN AND ASSOCIATES,INC. PROJECT: US HIGHWAY#1—SIDEWALK PROJECT RFP#11-GS-002 CITY: Edgewater,Florida PLANNING CONSULTANT: Kimley-Horn and Associates, Inc. Execution of Work Order Number 2011-05 by the City,shall serve as authorization for the Consultant to provide professional services for the above project. RESPONSIBILITY OF THE PLANNING CONSULTANT: Consultant shall provide said professional services pursuant to this Work Order,to perform the professional services as listed in the attached Proposal/Scope(attached and incorporated herein as Exhibit "A"). Consultant shall provide services for ENGINEERING SUPPORT & POST DESIGN SERVICES relating to the attached Proposal/Scope. TIME FOR COMPLETION: The professional services authorized by this Work Order shall not exceed an overall period of twenty-four(24)months, unless extended by the City. COMPENSATION: Fees for services are at a not to exceed amount of THIRTY-NINE THOUSAND TWO HUNDRED FIFTY-THREE and 80/100 dollars ($39,253.80). Each invoice shall also be accompanied by a written concurrence from the Director of Leisure Services. The City and Consultant realize that unforeseen events may occur,to include but not limited to, reduction in budget funding that may cause the City to seek termination of the Work (Agreement/KimleyHorn-Sidewalk-W orkOrder#2011-05) Order/Agreement at any time. The City shall satisfy all invoices for all authorized work performed until such time of effective termination. CITY OF EDGEWATER,FLORIDA Dated: By: Tracey T. Barlow City Manager WITNESSES: KIMLEY-HORN AND ASSOCIATES,INC. Y / Jay ac on Principal-Orlando Office . h(is' �a45e�t Dated: - Z S-t 3 (Agreement/KimleyHom-Sidewalk-WorkOrder#2011-05) EXHIBIT"A" SCOPE OF SERVICES-POST DESIGN SERVICE CONTRACT AMENDMENT 1 S.R.5(US HIGHWAY#1) SIDEWALKS FROM VOLCO ROAD TO NORTH CITY LIMITS OF EDGEWATER EDGEWATER,FLORIDA APRIL 2,2013 S.R. 5 (US Highway#1)Sidewalks From Volco Road to North City Limits Edgewater co f e ces x FUG I iii i I' Ill' i U: 44 t i i ewa rr + * , a T'St'7 .14 The CITY of Edgewater (CITY) selected Kimley-Horn and Associates, Inc. (CONSULTANT) to provide professional engineering services in connection with the sidewalk improvements to S.R. 5 (US Highway #1) from Volco Road to the North City limits of Edgewater. Upon completion of the final design process, additional scope items were identified that are necessary for the construction phase. The additional scope of work is described below. SECTION I-PURPOSE This Scope of Service is for the Engineering support for Post Design Services. The CONSULTANT shall provide to the CITY qualified representation during the bidding and construction phase to deal with issues concerning the intent and interpretation of the construction contract plans and documents prepared for the project. SECTION II—PROJECT OBJECTIVES A. POST DESIGN SERVICES These services are intended to address the activities occurring during the construction phase of the project and were based on a 365 day(12 months)construction contract,including pre bid activities. 1. Activity A. Project Meetings—The CONSTULTANT will be available to attend meetings as requested by the CITY. The CONSULTANT will attend construction progress meetings and attend any other construction related meetings as requested by the CITY or its designated representative. It is estimated that these meetings may include: one(I)Notice-to-Proceed meeting,one(1)Pre-construction meeting, and four(2)additional meetings. This supplemental is based on four(4)meetings. 2. Activity B. Preparation of Bid Package—The CONSULTANT shall prepare and provide a Bid Package that will include documents required by prospective bidders. This package will include the following: Specifications Package prepared in accordance with the Florida Department of Transportation's Handbook for the Preparation of Specification Packages and other CITY specifications. A Bid Tabulation Sheet that will consist of all pay items and columns for quantities,unit costs, and total costs. Basis of Payment document that describes how the CITY will quantify and pay the contractor for each pay item. The CITY will provide all contract("up front")documents. • 3. Activity C.Request for Information—The CONSULTANT shall provide to the CITY qualified representation during the construction phase to deal with issues concerning the intent and interpretation of the construction contract plans and documents prepared for the project. Should change conditions be encountered in the field and when requested by the CITY,the CONSULTANT shall respond in a timely manner with suitable engineering solutions which take into account the changed conditions. From time to time during the construction the CONSULTANT may be requested by the CITY or its designated representative to review contractor proposed field changes or to respond with a recommended solution to remedy particular field situations not covered by the plans and specifications or respond to requests for information(RFI's)made by the Contractor. This supplemental was based on eight(8)RFI's. 4. Activity D. Shop Drawing Reviews—The CONSULTANT will perform the review of shop drawings for,drainage and traffic signal elements(including drawings,diagrams,illustrations, schedules,catalog data,material certifications,fabrication procedures,storage and/or transportation procedures,test results,design calculations,etc.)to be submitted by the Contractor. This work will include reviews of erection procedure plans,proposals for substitutions,and assistance with other engineering services required to facilitate construction of the project.This supplemental was based on five(5)shop drawing reviews. • 5. Activity E. Pre-Bid Conference—The CONSULTANT shall,prior to the pre-bid conference, be prepared to walk the project site with the assigned CITY Resident Construction Engineer to discuss the plans and details. The CONSTULTANT will attend the pre-bid conference and respond to questions related to the plans,details,and special provisions. The CONSULTANT will be available to help the CITY on the Bids received from project advertisement. 6. Activity F. Field Visits—The CONSULTANT will be available to respond to questions in the field that may arise relative to the plans,details,or special provisions and be responsible for attending field meetings to discuss drainage,MOT,utility relocation,signing and pavement marking,signalization,construction issues. The CONSULTANT will periodically visit the project site to observe the construction progress. These visits will not take the place of formal construction inspection by the CITY's Construction Manager and his/her inspection team. Rather,it is intended to provide the opportunity for members of the design team to observe whether work by the Contractor is being performed in general conformance with the project plans. Written memos of all such field visits shall be submitted to the CITY's Construction Manager within five business days of the trip. This supplemental is based on four(4)field visits. 7. Activity G. Coordination—The CONSULTANT will be responsible for providing a contact person for all post design services. This person shall be available during the course of construction for reviewing plans,providing the contractor with project design file information to assist the Contractor in his preparation of the As-Built plans,and coordinating with the CITY or its designated representative. This supplemental was based on two(2)hours per week for coordination over a period of fifty-two(52)weeks(twelve(12)months). Additional services shall be provided by the CONSULTANT as requested by the CITY to satisfactorily complete construction. These services are intended to deal with changed conditions or services not covered in this amendment and are not intended for instances of CONSULTANT errors and/or omissions. These additional services are not included in our estimate and will be performed as extra work if requested by the CITY. EXHIBIT"B" DETAILS OF COST AND FEE ESTIMATE CONTRACT AMENDMENT 1 S.R.5(US HIGHWAY#1) SIDEWALKS FROM VOLCO ROAD TO NORTH CITY LIMITS OF EDGEWATER EDGEWATER,FLORIDA APRIL 2,2013 Li LU a _ fil VI _ _ _ / ar « ° § RI ) ®L. -C 5 5 J © q CO CO 2 ƒ ƒ ƒ eV VI m ■ # • # & # % # 2 co ® c � m 2 2 a a 2 CO CO 2 # 0 -J L. 0 0 0 m t $ B ® a & E Cl E CO 5 2 E cc@ Y IX C4 � CC _ w CC ¥ rri In Y k LLI ® . m CO U ® CO CZ la // = X Co 2 m m 03 # CO L m � VI k k ~ ® k in c in c In c I- § = 2 D = D 2 = = = _ e CN1 e ¥ w D D D in 0 V, 0 i u 2 U E E � L / U) LU E U, / LU LU ro 2 0 U co w co w @ UJ Di ' _tia - >. CO 0 k k � CO us $ u $ 2 s C 0 c - D \ -J ) \ % -J - \ < Lu C; 111 co / \ m OD k k / $ k § \ k • < Q 2 £ i @ 2 E E - § O Z w a e - 0 2 / t Cd co to w 2 ® @ m = •f c / _ 01 c UJ u. 3 / ( / ' CO \ 7 7 / D O. CC k z a. / 7 / $ » 0 vs a « Q § ¥ « Q & 4_ _ < Q w N t r C 0 E (.4 ri 4-L a) III f- v .± C f= N re L N N O w y y N •C ig, N fO 0 CO .+ CO �CO 10 C E ;o 0 E a E t E n cc 0 V1 cc N cc W cc y) a• N-1 N m m N .Ni N 10 2 10 2 1a fO O 0 4-. 0 0 0 0 0 F- = F- = H = H = G) N 0) .-1 N G) G) N Csi ' 7 O o = 0 = 0 = M x x s Y eV) C C C C O a' 0 r 0 r 0 ro H W W H £ W W N £ W N E W W:17. to CO m 0 m 0 m o co o W W W W N 3 3 a, re 5 LI 0.1 CC lii V OD C co C c w LMI c m J c J J O E. J O C F A V H A H In N N C 0 N in p O � U c O� H O c 3 0 E H r a m ..° c o c y m n o c 0 0 c a, 0 d 1_ > LL 10 CL 'CI 00 = > c G ui -p a u: y W P-. c co '5 C kb. c 4-• a) 22 4" cc a) A_ L. VI 0 . > D v) � Q Q > in > U ,s- ri 1ri — _.4 �i A.., r+ _ a - r4 — » 8828882 n 77} k k• \ RMR! ! §2§§§ § & k ■a ; § i§ B § A q9 2 b■■2§B ' ? 2 ! $»k■&k»k §\ f ©I �_ aIM■$V■RN § k 2 §u. ■ I W §t A .7, � I 2 -' §• 21 8 § §a g a I fo\ . 0$ $ o a i' .. z Ili tii e © e ! ■ • § u o ` ° m2 i § §�,.§0e ° • U tit • / o. . k k. ti I °! § 8 §° } k 2«K)B § § § 0 § S ii §°/ . :; ;2 E § ; . • !f22oo' ' o $§ & � ' . II at 222ojo o§ § o ; \ I2 • . i ; j1 :ff 1 iJ &©r©• t= ■K i Q , & � # 0 2 e »3 ■ _ a ; sia , � . Z wcmf\..� �.e k} 22 ' � 0 $2 P,$$V8;4 § 00 o k k 11 §: )� 1 & | � �k-���� �� �k a. !h it - ii. • k ƒt$duiu.7 IP* $$$$I$ AGENDA REQUEST 10b Date: August 23rd, 2013 PUBLIC HEARING RESOLUTIONS ORDINANCE OTHER CONSENT BUSINESS September 9th, 2013 CORRESPONDENCE ITEM DESCRIPTION: Authorization for the City Manager to terminate the Interlocal Agreement with the City of New Smyrna Beach for Fire Marshal Services. BACKGROUND: The City of New Smyrna Beach had a vacancy in the position of Fire Marshal and both cities entered into an Interlocal Agreement for Fire Marshal services in 2012. The City of New Smyrna Beach as indicated that they will have a fulltime Fire Marshal in place by October 1st, 2013. The agreement requires official notification 30 days prior to termination. STAFF RECOMMENDATION: Staff recommends the City to terminate the Agreement ACTION REQUESTED: Motion to authorize the City Manager to execute the termination of the Interloacal Agreement with the City of New Smyrna Beach for Fire Marshal services. 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 l ace ! . Barlow City anger INTERLOCAL AGREEMENT BETWEEN THE CITY OF EDGEWATER AND THE CITY OF NEW SMYRNA BEACH CONCERNING FIRE MARSHAL FIELD INVESTIGATION SERVICES THIS AGREEMENT, is entered into by and between the City of Edgewater,a municipal corporation duly incorporated pursuant to the laws of the State of Florida, with its principal place of business located at 104 Riverside Drive, Edgewater, Florida 32132 (hereinafter "EDGEWATER"),and the City of New Smyrna Beach,a municipal corporation duly incorporated pursuant to the laws of the State of Florida,with its principal place of business located at 210 Sams Avenue,New Smyrna Beach,Florida 32168 (hereinafter"NEW SMYRNA BEACH"). WHEREAS, EDGEWATER and NEW SMYRNA BEACH are authorized by Chapter 166, Florida Statutes, to enter into agreements to conduct municipal government, perform municipal functions, and render municipal services; WHEREAS,the position of Fire Marshal for NEW SMYRNA BEACH is presently vacant and the Fire Marshal or certified fire inspector supervised by the Fire Marshal is charged with, among other duties as mutually agreed to by the EDGEWATER and NEW SMYRNA BEACH Fire Chiefs, conducting field inspections and investigations; WHEREAS, EDGEWATER desires to assist NEW SMYRNA BEACH by loaning its Fire Marshal for the purpose of providing routine plans review and training as requested within NEW SMYRNA BEACH; NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: INTERLOCAL AGREEMENT BETWEEN THE CITY OF EDGEWATER AND THE CITY OF NEW SMYRNA BEACH CONCERNING FIRE MARSHA!,FIELD INVESTIGATION SERVICES PAGE I OF 3 1. Recitals Adopted. The foregoing Recitals, provisions and representations are true and correct and are incorporated herein by reference. 2. Agreement. The EDGEWATER Fire Marshal or certified fire inspector supervised by the Fire Marshal and deemed"qualified"by the New Smyrna Beach Fire Chief will be made available to NEW SMYRNA BEACH on an as-needed basis. When performing work on behalf of NEW SMYRNA BEACH, said Fire Marshal will be the official NEW SMYRNA BEACH Fire Marshal pursuant to F.S. 633.121. 3. Fee for Service. Any person performing services under the terms of this agreement shall be deemed an employee of EDGEWATER. NEW SMYRNA BEACH shall reimburse EDGEWATER the current hourly cost, to include burdens associated with benefits,plus millage based on IRS standard millage rates for the time the Fire Marshal or certified fire inspector supervised by the Fire Marshal performs duties for properties within NEW SMYRNA BEACH. 4. Sovereign Immunity. The parties agree this Agreement shall not waive the sovereign immunity they presently enjoy under the Constitution and statutes of the State of Florida, particularly with respect to Chapter 768, Florida Statutes. In the event it becomes necessary to institute legal action to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover all out of pocket expenses and reasonable attorney's fees related to such action. 5. Term. The instant Agreement shall be in effect unless terminated by either party with thirty (30) days written notice to the City Manager of the non-terminating party at the following addresses: City of Edgewater Office of the City Manager 104 Riverside Drive INTERLOCAL AGREEMENT BETWEEN THE CITY OF EDGEWATER AND THE CITY OF NEW SMYRNA BEACH CONCERNING FIRE MARSHAL FIELD INVESTIGATION SERVICES PAGE 2 OF 3 Edgewater, FL 32132 City of New Smyrna Beach Office of the City Manager 210 Sams Avenue, New Smyrna Beach, FL 32168 IN WITNESS WHEREOF, the parties hereto have executed this Agreement by and through their duly authorized representatives on the respective dates set forth below. CITY OF NEW SMYNRA It EACH CITY OF EDGEWATER By: t1t _ By: ,.... Date: aE ctt . i D:te: ATTEST: ; ATTEST: ALA (_ APPROVED AS TO FORM AND APPROVED AS TO FORM AND CORRECTNESS BY CORRECTNE S = Frank B. Gummev City Attorney Aaron R. Wol Attorney INTERLOCAL AGREEMENT BETWEEN THE CITY OF EDGEWATER AND THE CITY OF NEW SMY'RNA BEACH CONCERNING FIRE MARSHAL FIELD INVESTIGATION SERVICES PAGE 3 OF 3 ICc AGENDA REQUEST #2013- Insurance Date: August 27, 2013 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS September 9, 2013 ITEM DESCRIPTION: Health / Dental / Life and LTD insurance renewal premium, for the period from October 1, 2013 to September 30, 2014. BACKGROUND: The Council previously approved our broker to solicit insurance proposals for the City of Edgewater's insurance needs annually. This item updates the Council on the City of Edgewater's Health / Dental/ Life and LTD insurance renewal premium as solicited by our broker, Brown and Brown Insurance. This item has been budgeted in the Fiscal Year 2013/2014 budget and has a cost of$1,985,837. STAFF RECOMMENDATION: Approve Fiscal Year 2013/2014 insurance premiums in the amount of $1,985,837 for Health / Dental / Life and LTD. ACTION REQUESTED: Motion to approve the Fiscal Year 2013/2014 Insurance Premiums in the amount of $1,985,837 and to authorize the City Manager to bind coverage of the above items. FINANCIAL IMPACT: The total cost for Insurance p miums will be budgeted in the Fiscal Year 2013—2014 operating budget. (Finance Director) (SPECIFY IF BUDG T AMENDMENT IS REQUIRE/0) YES NO X PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM # Respectfully submitted, Concurrence: A el Donna M. Looney Robin L. Matusick Personnel Director Paraleg.l //- acey T. arlow City Manager CITY OF EDGEWATER EXECUTIVE SUMMARY OF GROUP HEALTH PLAN QUOTES OCTOBER 1,2013-SEPTEMBER 30,2014 ***WELLNESS&VISION RIDER**** ***GRANDFATHERED PLAN**** FLORIDA HEALTHCARE CURRENT/REVISED RENEWAL CLASSIC HMO G42 CLASSIC POS$500 G29 Network _ Network _ Non-Network Deductible: $0 $0 $500($1,500 Family) Embedded Deductible: N/A N/A Yes Calendar or Policy Year: N/A N/A Calendar Coinsurance: 0% 0% 30% Maximum Out-of-Pocket: $1,500($3,000 Family) $1,500($3,000 Family) $3,000($6,000 Family) (Includes Deductible): N/A N/A Yes (Includes Copays): Yes Yes Yes PHYSICIAN SERVICES Office Visit Copay: $20 $20 Deductible+Coinsurance Specialist Copay: $35 $35 Deductible+Coinsurance Chiropractic Copay: $15 $15 Deductible+Coinsurance HOSPITAL/EMERGENCY SERVICES Inpatient Hospital Per Admission Copay: $200/admission $200/ admission Deductible+Coinsurance Emergency Room Copay: $100 $100 Same as Network Urgent Care Copay: $60 $60 Same as Network Outpatient Surgical Facility Copay: $0 $0 Deductible+Coinsurance DIAGNOSTIC SERVICES Lab,X-Ray&Diagnostics Outpatient: $0 $0 Deductible+Coinsurance Lab,X-Ray&Major Diagnostics Outpatient: $0 $0 Deductible+Coinsurance (CT,PET,MRI,MRA) ADULT WELLNESS Annual Exam Copay: $0 $0 Deductible+Coinsurance Mammogram Copay: $0 $0 Deductible+Coinsurance Gynecological Exam Copay: $0 $0 Deductible+Coinsurance MATERNITY Office Visit: As any illness As any illness Deductible+Coinsurance Hospital: $200/admission $200/ admission Deductible+Coinsurance PRESCRIPTION: Deductible: N/A N/A (Walgreens Only) Tier 1: $3 $3 N/A Tier 2: $10 $10 $15 Tier 3: $30 $30 $35 Tier 4: $55 $55 $60 Tier 5: $100 $100 N/A Mail Order Prescription: 52/$9/$29/$54(31 Day Supply) $2/$9/$29/$54(31 Day Supply) Not Covered LIFETIME MAXIMUM: Unlimited Unlimited Unlimited CURRENT RENEWAL CURRENT RENEWAL EMPLOYEE 576.90 599.97 639.64 665.43 EMPLOYEE+SPOUSE 986.49 1,025.95 1,093.79 1,137.88 EMPLOYEE+CHILD(REN) 986.49 1,025.95 1,093.79 1,137.88 FAMILY 1,205.71 1,253.94 1,336.85 1,390.74 MONTHLY PREMIUMS $94,132 $97,897 $55,617 $57,859 ANNUAL PREMIUMS $1,129,587 $1,174,767 $667,402 $694,307 CURRENT RENEWAL TOTAL MONTHLY PREMIUM $149,749 $155,756 TOTAL ANNUAL PREMIUM $1,796,989 $1,869,074 Rate increase=4.0% Rate increase=4.0% • Overall rate increase=4.0% ANNUALIZED PREMIUMS ARE BASED ON CURRENT CENSUS OF: 60 Employee Only 29 Employee Only 20 Employee+Spouse 12 Employee+Spouse 11 Employee+Child(ren) 6 Employee+Child(ren) 24 Family 13 Family 115 Total 60 Total Mg 2Z Tm H ip A%A D T m< I m° y m D yg A O 5rAy O ecm -,L; ym OO MM O A m y m1 1 1 O . F it O T D N T D N L 0 y j O m m r V O O n n O !Ni m D A T m T -1 O 2 m �m m m O O o 0 0 p O O O O 5 j A r m Ay p ZT g m D m Z D Z Z D A X m<T O N T Z m r O S D Ty O P�r--T mp mA i<"mT>AA HI n � Tll c ZA = Nr0ir�imT ODOy I<TD Z 9 TTyO DO,r � Z D2ZT AA T 00CNNA-T-Tog O2AgP b ap I iO o m o V �m mm T Na•O ggi€rvrvgn moo I t n 3 uA 3 0 c 5. w. A o m m u m o y 1111. m7, g n o g• D II "°nRn3 iIali3�!NO m R',7-' '3N I !H 3 = Pf : . AFFF m = R' v I 1 „gommilim„�m gig.1 „giwai ';', T'-- Ze till 3 z C lin • D Z "� yo 50 A S II 1 i_ : aa g o w� I 'A nn " 9"0 3 0 d 3 3 u'oo i ..5.e. al 8 1 3 m mm mmm m f g8 m - SkS€.Skke mi n " ,?°' gg 3 N Z �,«� p` e y 3 a o$ k 8, A Ifig €o ms O Z - R 73 u N 5 n ° T- 0'8nn3 S ooR s m g 118 X1m 3 [ill N""1 " Y' e. in :- _,,,,,, m mm ;; i;z amm .mm e ~Z sagA°ge° •� N m ; € v o a n z Zg Oa Or o mm _ OR o OP eg g' i- "1 a$ l5 a m< H N n n " te"7:.1 .1. H a ' 3 } > -0 Z 0 0 � 0 X 'II 0 $ C H 0 0c \ m gM > I co II @m g § —I -< m < m D > m > 0 \ H ' � E -1 - > E � \ - ha / m I- 0 � k � c � � wE > W > off k Mmok2 \ 024. o z m � m2 ‹ T 0 \ - XrKE mk 0 � � m z m > mc mmm gQ II m@K H ° lm _ wmmm mo mmoc m r mzocmmm me - @z4 ) m m@Zmgj5 a � k m Ill k / / / 2 om E \ Gq/ # x 1 > EEEE / \ \ / / / / S ƒ / 7 m 0C O E \ EE L 33 ? \ 0, , \ o \ � v mm ° a + m � -0 / 2 $ ] / G \ z \ / Qi @ Ill § _ \ r \ o o m mm & 0 0 - / 11 X _ H. o E 11 @ w 2 0 / - $ 0000 maul ~ 00NNXX � % $ « 0000 < PO EEEE ® _ � E7a7\ ¢ ¢ / z CD \ m oc, / y 7G _ m@ /\ 0) m IM M m -0 r % 2 > OE RI k g g m � � o M \ o o ° �co X III N - \ q £ � 2 d k a 0000 00 \ \ \ q# / EEEE G $ We 0 - ƒ 2 2 / z o» w w 1- z CD / \ oo % % \ d II 32 k -c) m ~ 201 X- = OD II co 0 m Cn > / o 0 a / C $ » 2 ° C3 CD o k 4 E k \• - / :1 pmc) nm � um) � -IK Cl) � � ccoc0 - D "' Z XI C � X/ 0 zX mmc X < m II - H m < m m -o -o � _, ma M o o r - < � x Z c c � m O O m o c m C p 0 0K - � � mr -< -< -u s � 0 DOOm 3 -IX7Jm4 -� KEXR mmo wc > m -I z -I mG) c m Zm -I Z mZ MZZmZ -00m tn Zm m C2 :() po 3 '� O� C � p ,TDjpZZ � -i � � Dpr 'm0 ..< X1 c rD- -< om D x � Q. Z0m � � _ 00 -1 -1r? m m0 > Jv -13 -0 73 O m ZZ Z - G) =1 "nz Z-5xw E 3r UUDD -< < 0:1 -1M0 � D omm � v vaom 0 CO0 Z KK7J � �n,Z -_1 < � Hoo � � ZZD � Dici � W m OO Om5OO mF - - mm - < r XI mH CCr- r- Z mZCZ W 55mmxO OOm w _1 m r r cn =1 In cn fn -1 Z p -1 -1 -< p z z (n -< ° m N XI O E CD ? v A- v U) I CO O D W CD (Q m C Q. QS D ao N m C r Z) v o cOD 3 C C co 0 -C3 o 0 0 3 m - n C O N O CO zi > m (D v wZAw �'. 9.), so O 64 NO ° 00 -` 3 Ar r () 7 CD st N N N p Qo (n °p o °o °o J CD �1 0 > � o m m o y 0 -< n v co ° 0 3 Z O ° cn co o N 80 3 D o > A In cm 0 in n `� N = _ D N EA cn C D O O O O PP D N p o C a) 0) 0 - C -, — wO 003 U En CO _1 7J U) 3 N N (7.,-. N `. U) to C.n O O O O - 3 0 0 O to N N 1.),.< `(1)N 0 m ° ° o ° ■ 3 N Z I o w0), O3 �o r -i a) y m 0 `< m N -< ' - cn co OD CCD "CO"cn O N -, II CD 0 -) 000 cn (3) ' O O w o) > II O co o N - m C oCO -< 3. 0 M • NJ m w 3 o =1 C W co D 3 0 3 � m 0) 00op OOJ CD O ? CD Et N N N p -n Cl7 O O o N o o J m 0 0 3 w a' ,c `< m m o ° U) 3 D z 3 ooi v O 3. cn ° r cn O U N CD m U Z N N 69 0 C -< C 0 c n y U' w 4' O O 0 D co cn m U O N C O co o ° m 3 -1 - -0 -i (D co _ o m • <^' � � w cu' Z w -al0 ° ° ° -' 3 OZ DD 3 3 3 � V) oo ° O co --4 0 00 O 5 S S N N N O Ro Z ° 0 e` c c J m Q 3 ° cn m ,c m = w :U co 3 D Z P 3 a) w p 3 D o r v w w En - CD CD NJ N CD E 0 cp O cn w '22 N ° b-co-1 CO 00 v) J oo I