04-03-2006 Voting Order
Councilwoman Rhodes
Councilwoman Lichter
Mayor Thomas
Councilwoman Rogers
Councilman Vincenzi
AGENDA
CITY COUNCIL OF EDGEWATER
REGULAR MEETING
April 3, 2006
7:00 PM
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, PLEDGEOF ALLEGIANCE, INVOCATION
2. APPROVAL OF MINUTES
2. APPROVAL OF MINUTES
A. Regular Meeting of March 6, 2006
3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS
A. Mayor Thomas proclaiming April 2006 as Water Conservation Month.
4. CITY COUNCIL REPORTS
5. 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 66399
minutes or less.
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Public Hearing, Edgewater Harbor, LLC is requesting an amendment to the Planned
Unit Development Agreement (PUD) for Edgewater Harbor.
Annexations:
B 2"d Reading, Ord. No. 2006-0-06, Anthony and Melissa Lancellotta requesting
annexation of.9+ acres of property located at 2923 Oak Trail.
Small Scale Comprehensive Plan Amendments:
C. 1St Reading, Ord. No. 2006-0-08, Anthony and Melissa Lancellotta requesting an
amendment to the Comprehensive Plan Future Land Use Map to include .9+ acres of
property located at 2923 Oak Trail as Low Density Transitional with Conservation
Overlay.
Rezonings:
D. 1St Reading, Ord. No. 2006-0-09, Anthony and Melissa Lancellotta requesting an
amendment to the Official Zoning Map to include .9+ acres of property located at
2923 Oak Trail as RT (Rural Transitional).
Misc:
E. 1St Reading, Ord. No. 2006-0-07, establishing user fees to non-residents for public
safety services for motor vehicle accidents, coat from 3/20/06, item 6D.
City Council Agenda
April 3, 2006
Page -2-
7. BOARD APPOINTMENTS
A. Library Board - nomination by Councilwoman Rogers to fill the remaining
term of Sandy Simmons due to her resignation.
8. CONSENT AGENDA -None at this time.
9. OTHER BUSINESS
A. ParkTowne Industrial Center Phase I - staff recommending approval of
Change Order 91 to the Drainage and Utility Improvement Project in the
amount of$49,439.24 with a 32-day time extension for Prime Construction
Group, Inc. and authorizing the Mayor or City Manager to execute the
Change Order.
B. Property Purchase - staff recommending acceptance of a Federal Hazard
Mitigation Grant in the amount of$165,515 toward the purchase two (2)
properties repeatedly damaged from floods and authorize the Mayor or City
Manager to execute the purchase contracts and appropriate documents.
C. New Position - staff recommending approval of the creation of a Deputy
Police Chief position.
10. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
11. CITIZEN COMMENTS/CORRESPONDENCE
A. Tentative Agenda Items
12. ADJOURN.
Note: All items for inclusion on the April 17, 2006, agenda must be received by the City
Manager's office no later than 4:30 p.m Monday,April 10, 2006.
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 Susan Wadsworth, 104 N. Riverside Drive, Edgewater, Florida,
telephone number 386-424-2407, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the
relay operator at 1-800-955-8771.
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WHEREAS, clean, safe, and sustainable water resources and supplies are vital to Volusia
County's economy, environment and its people; and
WHEREAS, the mission of the Water Authority of Volusia is to ensure the continued
availability of a safe, dependable, and affordable supply of water to meet all future needs by balancing
economic benefits with environmental responsibility; and
WHEREAS, the State of Florida, Water Management Districts, Volusia County, the Water
Authority of Volusia, and member governments are working together to increase awareness about the
importance of water conservation; and
WHEREAS, the City of Edgewater and the State of Florida have designated April, typically a
dry month when water demands are most acute, as Water Conservation Month, to educate citizens about how
they can help save precious water resources; and
WHEREAS, the City of Edge water has always encouraged and supported water conservation,
through various educational programs and special events; and
WHEREAS, droughts and water shortages serve as a reminder that Florida's water resources,
no matter how diverse, are finite; and
WHEREAS, every business, industry, school and citizen can make a difference when it comes
to conserving water.
NOW, THEREFORE, I, Michael L. Thomas, Mayor of the City of Edgewater do hereby
proclaim the month of April as
Water Conservation Month
in the City of Edgewater and urge each citizen and business to help protect our precious water resources by
Int.hn~.s~vilr1JetttOt 9 have helleunto get m~ hand and cauged the g!leat
gea~ o~ the City o~ 8dgewatell to be a66~ed .
Done. at the Edgewater City Hall in the
County of Volusia STATE OF
FLORIDA this 24th day of
March in the Year of Our Lord
two thousand and six
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Ma or
City Clerk
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AGENDA REQUEST
Date: March 24. 2006
PUBLI C
HEARING
ORDINANCE
RESOLUTION
April 3. 2006
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
Edgewater Harbor, LLC, requesting an amendment to the Planned Unit Development Agreement for
Edgewater Harbor.
PROPOSED USE: Townhomes, marina, and marina related facilities to be known as Edgewater Harbor
LOCATION: 4015 S. US Highway 1 (PID # 8538-01-00-0100)
AREA: 60:f: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Mixed Use with Conservation Overlay
ZONING DISTRICT: RPUD (Residential Planned Unit Development)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Desilmation Zonin2" District
North Hacienda Del Rio Commercial with Conservation B-3 (Highway Commercial),
residential Overlay, Volusia County - Vol usia County MH-1W
development Urban Medium Intensity (Mobile Home Park)
East Indian River Indian River . Indian River
South Boston Whaler Vol usia County - Industrial V olusia County 1-3W
(Waterfront Industrial)
West Vacant Volusia County - Industrial Volusia County I-I (Light
Ind ustrial) & 1-4 (Industrial
Park)
Background
In September 2003, the City advertised a Request for Proposal (RFP) seeking qualified development
teams and received four (4) proposals.
During the November 10, 2003 Special Meeting of the City Council, the proposal by Edgewater Harbor
LLC was ranked first and chosen as the top submittal for the development with the highest and best use
of the property. On June 21, 2004 City Council approved the RPUD Zoning Classification and RPUD
Agreement.
The applicant was previously approved for a maximum of 580 condominium units, a marina and
waterfront related commercial. The proposed condominium development was for a total of eight (8)
buildings with a maximum height of 95-feet.
The applicant is requesting to amend the original P.U.D. Agreement to allow for the construction of
Edgewater Harbor PUD
approximately 400 townhome residential dwelling units, with a height not to exceed 50-feet. The
proposed commercial usage has not been revised with the exception of reducing the number of wet slips
from 100 to 30.
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It should be noted that no modifications are proposed to the agreement between Edgewater Harbor LLC,
the City and Boston Whaler.
Land Use Compatibility
The proposed land use will provide a suitable transition and buffer between the residential use to the
north and the industrial use to the south.
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway
1. The City of Edgewater has verified that potable water is available along U.S. 1 and that sufficient
water capacity exists for this project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater
Treatment Plant and is conveyed via a force main. County staff has indicated that there is adequate
wastewater treatment and disposal capacity for this project.
The traffic impact study has been reviewed and approved for concurrency with current level-of-service
roadway standards. Volusia County staff has indicated that this roadway segment currently operates at
a Level of Service B.
Natural Environment
The Pine Flatwood community is the largest of the three upland communities found on site. The
vegetation is predominately slash pine (Pinus elliottiD with a subcanopy of saw palmetto (Serenoa
repens), sand live oak (Quercus gerinata), and smaller canopy species. Ground cover species included 0
bracken fern (Pteridium aquilinum), southern fox grape (Vitus rotundfolia), and blackberry (Rubus
betulifolius). A deep leaflayer indicated that fire has been precluded from this community. There was
little to no exposed sand areas and poor forage opportunities for gopher tortoises.
The Xeric Oak community in the North-central portion ofthe site consists of a canopy of scrub oak and a
subcanopy dominated by saw palmetto. Blazing star (Liatris spicata), wire grass (Aristida stricta), and
southern fox grape were observed in the ground cover. Like the pine flatwood community this xeric
community lacked significant forage species for the gopher tortoise.
One of the two hydric communities observed on the property, the remnant ditch, lies between the Xeric
Oak and Cabbage Palm communities. The second hydric community, the Tidal Marsh located in the
northeastern corner of the property drains to the Indian River. This marsh system is a mitigation area
for impacts under previous activities on site.
The remaining upland community is the Cabbage Palm community located at the easterly edge of the
remnant natural communities on site. Here the dominate species found in the canopy include cabbage
palm (Sabal palmetto), live oak (Quercus virginiana), and pignut hickory (Carya glabra). Little to no
ground cover was observed to include a significant amount of shell material.
Two of the areas identified as reservoirs less than ten acres appear to be remnant borrow areas. Due to
lack of maintenance of the site vegetative growth in these systems now includes sand cord grass
(Spartina baken), pennywort (Hydrocotyle umbellate), and torpedo grass. The remaining surface water
area observed would be considered a stormwater pond as there is a concrete control structure found
within.
The developer has provided a Phase I and Phase II environmental assessment concerning possible
contamination. There has been no indication of contamination found on-site during either phase of the
environmental assessment.
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Edgewater Harbor PUD
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Comprehensive Plan Consistency
The City Future Land Use is Mixed Use with Conservation Overlay. A mixed use ofresidential and
commercial, including the marina, is a desirable transitional use, as this parcel has residential to the
north (Hacienda Del Rio) and industrial to the south (Boston Whaler). The type of transition is
addressed in Policy 1.5.4 of the Future Land Use Element in the City of Edge water Comprehensive Plan,
which states: "Intensive commercial and industrial land uses shall be buffered from low"density
residential areas. This will be accomplished by locating less intensive transitional uses in between, or by
visual buffering with berms, trees, or other methods to be included in the Land Development Code as
deemed appropriate by the City".
STAFF RECOMMENDATION
Staff recommends approval of the amendment to the P.U.D. Agreement for the Edgewater Harbor
Development.
ACTION
Motion to approve the amendment to the P.U.D. Agreement for the Edgewater Harbor Development.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
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Robin Matusick \.
Paralegal
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Kenneth R. Hooper \ \
City Manager
Edgewater Harbor PUD
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THIS INSTRUMENT PREPARED BY:
Paul E. Rosenthal, Esquire
FOLEY & LARDNER
III North Orange Avenue, Suite # 1800
P.O. Box 2193
Orlando, FL 32802-2193
AFTER RECORDING RETURN TO:
Robin L. Matusick, Paralegal
LEGAL DEPARTMENT
CITY OF EDGEWATER
P.O. Box 100
Edgewater, FL 32132-0100
For Recordim! PUrJ)oses Onlv
PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
EDGEW A TER HARBOR DEVELOPMENT
AMENDMENT NO.1
THIS AMENDMENT TO THE PLANNED UNIT DEVELOPMENT (PUD)
AGREEMENT is made and entered into this
day of
, ZOO4 2006 by
and between, the CITY OF EDGEW A TER, FLORIDA, a municipal corporation, whose mailing
U address is P. O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter referred
to as "City") and EDGEW ATER HARBOR, LLC, a Florida Limited Liability Company, with
Hawk McMillan as the authorized agent, whose address is 2 Jungle Hut Road, Suite 2, Palm Coast,
Florida 32137 (hereinafter referred to as "Developer") and who has authorized Gierok Engineering,
with Kathleen N. Gierok as the authorized agent, as Edgewater Harbor Engineer of Record. The
purpose ofthis Agreement is to define the terms and conditions granting the development approval
of the subject property.
In all other respects. the terms and conditions of that certain Planned Unit Development
(PUD) Agreement dated June 21. 2004 and recorded on June 23. 2004 at Official Records Book
#5436. Pages 557 through 574. shall remain in full force and effect.
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth
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(Agreement/Zoning - Edgewater Harbor-Amendment# I) 1
herein and other good and valuable consideration, the parties agree as follows:
1. LEGAL DESCRIPTION AND OWNER
The land subject to this Agreement is approximately 59.94 acres located East of U.S.
Highway Number 1, Volusia County, Florida (hereinafter referred to as Property). The legal
description of the Property is attached hereto as Exhibit" A" - Legal Description. The Record
owner of the subject Property is Edgewater Harbor, LLC.
2. DURATION OF AGREEMENT
The duration ofthis Agreement shall be perpetual and run with the title to the Property. The
Developer shall commence construction of Edge water Harbor as defined by the revised Master Plan,
dated Match 2004 April 2006 (Exhibit "B" included herein), within two (2) YGal5 one (1) year of
the effective date of this Agreement. Developer's failure to initiate construction within the time
frame identified herein may result in the City's termination of the Agreement. The City
acknowledges that this project may be developed in phases, and location of building structures may
be altered as necessary for permitting or other conditions. All building location alterations shall
adhere to the site criteria and buffer restrictions set forth herein. The foregoing deadline for
commencing construction shall apply only to the construction of the initial phase. For purposes of
this Agreement, construction shall be deemed commenced on the Developer's beginning excavation
and site work necessary for construction of the development. The City, at its sole option, may
extend the deadline for commencing construction. All development must be consistent with the
revised Master Plan and must be approved by City Council (in the form of a preliminary plat or site
plan approval) prior to commencement of any authorized work. Final Construction Plan approval
shall include, but not be limited to utilities, stormwater, traffic, fire rescue, pedestrian systems, street
lighting, law enforcement, environmental, solid waste containment, and planning elements,
(Agreement/Zoning - Edgewater Harbor-Amendment#l) 2
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including landscaping, signage and pavement markings.
3. DEVELOPMENT USES PERMITTED
The Developer hereby agrees to develop the Property subject to the terms of this Agreement
and in accordance with the City of Edgewater's current Land Development Code. The Developer
further agrees that all development will be consistent with the Edgewater Harbor revised Master
Plan dated Ma1c,h 2004 April 2006 (Exhibit "B"), or such subsequent Master Plan as may be
approved by the City. The Master Plan generally includes multi-stot)' townhome residential
c'ondominimns dwellings and public-access waterfront commercial/retail space, including a
restaurant. A dry-stack boat storage building and commercial waterfront access will be allowed if
permitable through jurisdictional agencies. If a boat storage building and commercial waterfront
access are not feasible, for whatever reason, the area designated on the Master Plan as "Future
Commercial/Commercial Waterfront Access" facilities will be utilized as additional commercial
facilities. Edgewater Harbor shall be developed consistent with the City's development procedures.
Final project approval may be subject to change based upon final environmental; permitting. As
described in Section 3.F. of this document, the developer will establish a Condominium Homeowner
Association for the residential portion of this project and a Property Owner Association for the
commercial portion of this project (hereinafter referred to as Associations).
SITE DATA
Overall Site
Commercial
Residential
Total Land Area
Approx. 2B .u acres
Approx. 4e 48 acres
Approved Zoning
RPUD
RPUD
Approved Land Use Designation
Mixed Use
w/conservation overlay
Mixed Use
w/conservation
overlay
(Agreement/Zoning - Edgewater Harbor-Amendment#l) 3
Maximum Number of Units 100,000 s.f. 5SB 450 Units
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Required Open Space 30% 30%
Maximum Building Height 60' 952 50'
Maximum Impervious Surface
Area (Overall Site) 70% 70%
Number of Wet Marina Slips tOO 30
Number of Dry Slips 300
Proposed Impervious Surface Area
Right-of-way (Roadways, Parking,
Sidewalks) 6.8 acres 6.5 acres
Building Pad 2.3 acres 6:-5 8.5 acres
Retention Ponds .:t 5 2. acres .:t te .8. acres
Minimum Living Area NA 1,200 s.f./unit 0
Maximum Building Coverage 55% 40% 55% 40%
Minimum Building Setbacks
North Property Line 20 ft. road, 75 ft. bldg. 20 ft. road, 75 ft. bldg.
East Property Line 20 ft. NA
South Property Line 10 ft. 150 ft.
West Property Line NA 40'
Minimum Building Separation Requirements
Building separations will comply with the current Florida Building Code and applicable Fire
Code.
(Agreement/Zoning - Edgewater Harbor-Amendment#l) 4
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Parking
Required Spaces
1 sp.l250 sJ.
1.5 sp.unit + 5% additional
for visitors
A. Roads
There shall be one access/entrance permitted from U.S. 1 to service Edgewater Harbor, with
a minimum right-of-way width of eighty (80) sixty-five (65) feet. Right turn/deceleration and left
turn lanes will be required on U.S. 1. The existing left turn lane and a traffic signal at the entrance
will be modified/added at the cost of Edgewater Harbor, LLC, if a traffic study proves an upgrade
to be necessary. The project will also be permitted one (1) emergency service access from U.S. 1.
The main private residential roadway shall have a minimum right-of-way width of fifty (50) feet.
All roadways shall be designed to the City's Land Development Code standards.
There shall be one (1) ungated public-access main road to serve the commercial facilities and
'-.; one or two private-access~ gated road for residents and authorized guest~ to access the residential
buildings and facilities. All interior roads, gated and ungated, shall be maintained by the respective
Associations.
B. Drainage Facilities
The Retention Pond(s) will meet the requirements of the St. Johns River Water Management
District, the City, and all other jurisdicting agencies. The retention pond(s) shall be sized, designed
and permitted to treat the stormwater for the entire 59.94 acres, in accordance with the City's Land
Development Code, and have a positive outfall to the Indian River. The Ponds will be owned and
maintained by the respective Association.
Stormwater currently permitted to enter the site will continue to be accepted at the currently
permitted "CFS" (cubic feet/second).
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(Agreement/Zoning - Edgewater Harbor-Amendment#l) 5
C. Signage
Signage fm the development along U.S.I shall conroull to paragraphs 21-61.07 al1d21-61.1 0
of Edge~ater's Land Development Code for the. commercial and rcsidential developments,
respectively. The development will be allowed two (2) monument/ground signs along U.S.1 -- one
(I) for the commercial development and one (I) for the residential development or a combination
of permanent square footage for one sign. Two (2) ground signs will be allowed adjacent to the
commercial facilities and the commercial parking area. Directional, "non-advertising" signage shall
be allowed throughout the development. Wall signage for the commercial and waterfront facilities
if included shall conform to the City's Land Development Code. All other signage shall conform
to the City of Edgewater Land Development Code.
D. Trees/Landscaping
Landscaping for Edgewater Harbor wilt shall meet or exceed the City's Land Development
Code Tree Protection Requirements. Landscaping and irrigation plans must be submitted with final
construction plans for each phase.
E. Irrigation
All common areas and the entrance medians will be irrigated by welts reclaimed water or
from a surface water system upon proper permitting and approval.
F. Declaration of Covenants. Conditions and Restrictions
Edgewater Harbor will develop and submit condominium homeowner, and property owner
association documents in accordance with all City, County, State and Federal laws, regulations, and
guidelines. Further, Edgewater Harbor shall include in any and all such documents the following
language, in similar font, size, and typeface:
NOTICE:
PURSUANT TO THE TERMS OF THAT CERTAIN AGREEMENT AND
(Agreement/Zoning - Edgewater Harbor-Amendment# I) 6
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DECLARATION OF RESTRICTIVE COVENANT AS TO USE DATED A1A Y 5,
2004, AND RECORDED IN OFFICIAL RECORDS BOOK 5318 PAGE 3140,
PUBLIC RECORDS OF VOL USIA COUNTY, FLORIDA (THE
"DECLARATION'~, THE USE OF THE SUBJECT PROPERTY IS
RESTRICTED TO PROHIBIT RESIDENTIAL USE ON THE SOUTHERLY 150
FEET, BY ACQUIRINGANY INTEREST IN THE SUBJECT PROPERTY, YOU
WILL BE BOUND BY THE TERMS OF SAID DECLARATION INCLUDING
THE WAIVER OF ANY AND ALL RIGHTS TO BRING A COURSE OF
ACTION A GAINST THE OWNER(S) OF ADJACENT LANDFOR NUISANCE,
ANNOYANCE, EXCESSIVE NOISE OR ODORS, OR ANY CLAIMSRELA TED
THERETO, SO LONG AS THA T PROPERTY IS USED FOR INDUSTRIAL OR
MANUFACTURING PURPOSES. IF YOU HA VE QUESTIONS REGARDING
THE SAME, PLEASE CONSULT WITH A REAL ESTATE ATTORNEY.
G.
Once Developer has obtained approval for development ofthe Project from the City,
the City may permit Developer to install a temporary construction/sales trailer on the subject
property .
H. Berm
Developer hereby agrees that a landscaped buffer and berm will be constructed within the
one hundred fifty foot (150') building setback on the southern most property line where residential
use is adjacent to industrial zoned property. The landscaped buffer and berm shall comply with the
applicable standards set forth in the City Land Development Code and shall:
1. Extend from the right of way or setback along U.S. Highway 1 to the dry
boat storage building;
2. Be an average width of fifty feet (50') along the total length of the berm;
3. Be a minimum width of forty feet (40') at anyone point;
4. Be a minimum of four feet (4') in height with a 3: 1 slope; and
5. Have landscaping with a minimum of fifteen feet (15') height and fifty
percent (50%) opacity within one (1) year.
The berm and associated landscaping within the buffer shall be constructed in conformance
(Agreement/Zoning - Edgewater Harbor-Amendment#l) 7
to the Typical Landscape Buffer Plan, a copy of which is attached hereto and incorporated by
reference in Exhibit "C". During the submittal process, Developer will provide a complete set of
landscape design plans to the City.
Notwithstanding anything to the contrary contained in this Agreement or the City's Land
Development Code, no brick or block wall or fencing of any type shall be required within the berm
or between the Property and the neighboring property to the south.
4. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for Edgewater Harbor currently is being amended to Mixed
Use with Conservation Overlay. The zoning designation for Edgewater Harbor shall be is RPUD
(Residential Planned Unit Development).
5. PUBLIC FACILITIES
A. Developer agrees to connect to and utilize, the City's water distribution system.
Developer agrees to connect to the City's potable system at the nearest point of connection, with a
minimum of eight inch (8") water main throughout the development. City agrees to reserve potable
water capacity within its system up to an average daily flow of200,000 170.000 gallons per day for
this project as Developer complies with Paragraph 5.G. of this document. All water main
distribution system improvements will be installed by the Developer and conveyed to the City by
Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of
platting or site plan approval, or in accordance with the requirements contained in Section 5.K.6. _
Bonds as it relates to performance bonds.
B. Developer agrees to connect to and utilize, the County's wastewater transmission and
collection system. City agrees to reserve capacity within it's wastewater system, up to an average
daily flow of200,000 150.000 gallon per day for this project, as Developer complies with Paragraph
(Agreement/Zoning - Edgewater Harbor-Amendment#l) 8
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5.G. of this document. All wastewater collection and transmission system improvements will be
installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the City
and dedicated to the City prior to or at the time of platting or in accordance with the requirements
contained in Section 21-165 of the Land Development Code.
C. The City has dGtclminGd that ledaimed ~at('l is unavailable and ~ill not be available
in the. fOlcsccabk futmc.
-& C. All electrical services will be underground.
E: D. Interior Roadway improvements and all associated rights-of-way shall be privately
maintained by the respective Associations.
F: E. Off-site improvements (including but not limited to intersection improvements, turn
lanes, acceleration lanes, deceleration lanes, signalization), if any, are the Developer's responsibility
and shall meet all City, County and/or State requirements and approval.
6: F. Impact fees for each dwelling unit will be paid in accordance with the following
schedule:
Water - Paid to City by applicant at the time ofFDEP Capacity Reservation (Permit).
Sewer - Paid to City by applicant at the time of FDEP Capacity Reservation (Permit).
Guaranteed Revenue - A minimum water and sewer charge shall be applied to each
E.R. U. reserved if not connected within one (1) year of reservation.
Police, Fire, Recreation - Paid to City by applicant at the time of Building Permit
application.
. City Road Impact Fee - Paid to City by applicant at the time of Building Permit Application.
V olusia County Impact fees for Roads and Schools - Paid at City Hall by applicant prior to
a Building Certificate of Occupancy.
(Agreement/Zonirig - Edgewater Harbor-Amendment# 1) 9
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Performance Bond shall be required for 110% of the costs of all requirement
improvements. A Maintenance Bond equal to 10% of the cost of the infrastructure
improvements shall be provided to the City prior to recording ofthe Final Plat. The
Maintenance Bond shall be in effect for a two (2) year period.
The Developer shall provide a recreational jogging path along the perimeter of the
property with a natural surface cover in lieu of sidewalks. Pedestrian circulation
systems shall be maintained by the respective Associations.
Street Lighting shall be maintained by the respective Associations and be installed
by the Developer at time of infrastructure or prior to the issuance of the Certificate
of Occupancy for eaeh the first building of each phase building.
t: K. Recreational Facilities
The Developer agrees to construct a recreational facility accessible to residents to include
a pool, cabana, landscaping, irrigation, lighting and parking.
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6. CONSISTENCY OF DEVELOPMENT
The City agrees to issue the required permits for the development in the manner defined in
the Agreement after having determined it is not contrary to the City of Edgewater Comprehensive
Plan and Land Development Code.
7. DEDICATION OF LAND FOR PUBLIC PURPOSES
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The Developer shall convey to the City of Edgewater, by warranty deed and title insurance
free and clear of all liens and encumbrances, all utility easements as required. All roadways
accessing public areas will be deeded to the City. Roadways servicing the residential community
only will remain privately owned and maintained by the Condominium Homeowner Association.
Law enforcement, Fire protection and other emergency services, trash and recycle collection will
(Agreement/Zoning - Edgewater Harbor-Amendment# 1) 11
be provided by the City of Edgewater throughout the Edgewater Harbor Development.
8. PERMITS REQUIRED
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The Developer will obtain the required development permits or letters of exemption. Permits
may include but not be limited to the following:
I. Florida Department of Transportation, Department of Environmental Protection,
Department of Health and Rehabilitative Services, St. Johns River Water
Management District, Army Corps of Engineers, and Florida Fish and Wildlife
Conservation Commission.
2.
City of Edgewater - Rezoning, Subdivision Plat and/or Site Plan approval,
Subdivision Construction Plan approval, all applicable clearing, removal,
construction and building permits.
This site may require a V olusia County Environmental Permit.
100 year flood elevation for the Indian River is 7.0 feet. Minimum finished floor
elevation shall be 8.0 feet.
9. DEVELOPMENT REQUIREMENTS
3.
4.
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Failure of this Agreement to address a particular permit, condition, term or restriction shall
not relieve the Developer of the necessity of complying with those permitting requirements,
conditions, terms or restrictions, and any matter or thing required to be done under the existing
ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or waived
unless such modification, amendment, or waiver is expressly provided for in this Agreement with
specific reference to the ordinance provisions so waived, or as expressly provided or in this
Agreement.
Development standards shall be those of the City except as designated in this Agreement and
(Agreement/Zoning - Edgewater Harbor-Amendment# 1) 12
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in the Master Plan.
Developer shall establish a mandatory Condominium Homeowner Association for the
purpose of maintaining the residential property and enforcing applicable covenants and restrictions.
The mandatory Condominium Homeowner Association will be responsible for the street lighting
and pedestrian circulation system requirements that result from the project including payment to
Florida Power and Light for installation, maintenance and power consumption, the maintenance of
the stormwater areas within the residential portion of Edgewater Harbor, common area tracts as
depicted on the plat, pedestrian systems, and private streets within the gated community. The
COl1dominium Homeowner Association documents, including applicable articles of incorporation;
covenants and restrictions; and by-laws shall be reviewed and approved by the City prior to Final
Plat and/or Site Plan approval.
Developer shall establish a mandatory Property Owner's Association for the commercial
properties for the purpose of maintaining the public-access property and enforcing applicable
covenants and restrictions. The mandatory Property Association will also be responsible for the
street lighting requirements that result from the project including payment to Florida Power and
Light for installation, maintenance and power consumption, the maintenance ofthe stormwater areas
within the public-access portions of Edge water Harbor, common area tracts as depicted on the plat,
pedestrian systems and public-access streets within Edgewater Harbor. The Property Owner's
Association documents, including applicable articles of incorporation; covenants and restrictions;
and by-laws shall be reviewed and approved by the City prior to Final Plat and/or Site Plan approval.
10. CAPITAL IMPROVEMENTS ASSOCIATED WITH BOSTON WHALER
Subject to annexation by Boston Whaler, the City and Developer agree to assist Boston
Whaler with odor-causing emissions. All parties (Developer, City and Boston Whaler), will each
(Agreement/Zoning - Edgewater Harbor-Amendment# 1) 13
contribute a one-third (1/3) portion of the improvements associated with these improvements in
accordance with the Cost Sharing Agreement dated June 21,2004.
11. HEALTH SAFETY AND WELFARE REQUIREMENTS
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The Developer shall comply with such conditions, terms, restrictions, or other requirements
determined to be necessary by the City for the public health, safety, or welfare of its citizens.
12. APPEAL
If the Developer is aggrieved by any City official interpreting the terms of this Agreement,
the Developer shall file a written appeal to the City Manager. After receiving the written appeal,
the appeal will be reviewed by the City Manager and City Attorney. If the City Manager cannot
resolve the dispute, the issue shall be scheduled for the City Council agenda. The action of the City
Council is the final authority concerning this Agreement, subject, however, to the parties' rights to
invoke the remedies provided below.
PERFORMANCE GUARANTEES
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13.
During the term of this Agreement regardless of the ownership of the Property, the Property
shall be developed in compliance with the terms of this Agreement and applicable regulations of the
City not inconsistent with, or contrary to, this Agreement.
14. BINDING EFFECT
The provisions of this Agreement, including any and all supplementing amendments, and
all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest
and assigns and any person, firm, corporation, or entity who may become the successor in interest
to the land subject to this Agreement or any portion thereof and shall run with the land and shall be
administered in a manner consistent with the laws of the State of Florida.
(Agreement/Zoning - Edgewater Harbor-Amendment# 1) 14
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15.
RECORDING
Upon execution by all parties, the City shall record the. Aglccmcnt this Amendment with the
Clerk of the Court in V olusia County. The cost of recording shall be paid by the Developer.
16. PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12-months,
commencing 12-months after the date of this Agreement to determine if there has been good faith
compliance with the terms of this Agreement. If the City finds on the basis on competent substantial
evidence that there has been a failure to comply with the terms of this Agreement, subject to
Developers' right to cure provided below, the Agreement may be revoked or modified by the City.
Notwithstanding any other provision of this Agreement, if City at any time concludes Developer is
in default of a covenant or obligation of this Agreement, City shall notify Developer in writing of
the claimed default, and Developer shall have the right to cure the default within thirty (30) days
after receipt of City's notice. Developer shall not be deemed in default hereof, and City shall invoke
no remedies, if Developer cures the claimed default within those thirty (30) days. Further, if the
default is of such a nature that it cannot be cured through the exercise of reasonable diligence within
thirty (30) days, then Developer shall not be deemed in default hereof, and City shall invoke no
remedies, if Developer commences in good faith to cure the default within thirty (30) days after
receipt of City's notice, and thereafter cures the default within ninety (90) days.
17. APPLICABLE LAW
This Agreement and the provisions contained herein shall be construed, controlled, and
interpreted according to the laws of the State of Florida.
(Agreement/Zoning - Edgewater Harbor-Amendment#l) 15
18.
TIME OF THE ESSENCE
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Time is hereby declared of the essence to the lawful performance of the duties and
obligations contained in the Agreement.
19. AGREEMENT/AMENDMENT
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous discussions, understandings, and agreements, with respect to the subject matter hereof.
Amendments to and waivers of the provisions of this Agreement shall be made by the parties only
in writing by formal amendment. Substantial changes. as determined by the City Manager. shall
require City Council approval.
20. FURTHER DOCUMENTATION
The parties agree that at any time following a request therefore by the other party, each shall
execute and deliver to the other party such further documents and instruments, in form and substance
reasonably necessary to confirm and/or effectuate the obligations of either party hereunder.
21. SPECIFIC PERFORMANCE
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Boththe City and the Developer shall have the right to enforce the terms and conditions of
. this Agreement by an action for specific performance. Further, Developer shall have the right to
challenge City actions and decisions in accordance with Chapter 163, Florida Statutes and the
Florida Rules of Appellate Procedure.
22. ATTORNEYS' FEES
In the event that either party finds it necessary to commence an action against the other party
to enforce any provision of this Agreement or because of a breach by the other party of any terms
hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorney's
(Agreement/Zoning - Edgewater Harbor-Amendment# I) 16
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fees, legal assistant's fees and costs incurred in connection therewith, at both trial and appellate
levels, including bankruptcy proceedings, without regard to whether any legal proceedings are
commenced or whether or not such action is prosecuted to judgment.
23. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original but all of which together shall constitute one and the same instrument.
24. CAPTIONS
Captions of the sections of this Agreement are for convenience and reference only, and the
words contained therein shall in no way be held to explain, amplify or aid in the interpretation,
construction, or meaning of the provisions of this Agreement.
25. SEVERABILITY
If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason
held invalid or unconstitutional by any court of the 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 hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement Amendment to the
Planned Unit Development CPUD) Agreement to be made and entered into the date and year first
written above.
(Agreement/Zoning - Edgewater Harbor-Amendment#l) 17
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner
(Agreement/Zoning - Edgewater Harbor-Amendment# 1) 18
CITY COUNCIL OF THE CITY OF
EDGEW A TER, FLORIDA
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this _
day of , 2006 under Agenda Item
No.6
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Witnessed by:
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF VOL USIA
EDGEW ATER HARBOR, LLC (OWNER)
Hawk McMillan
Title:
Dated:
The foregoing instrument was acknowledged before my on this _day of
, 2006, by HAWK McMILLAN who has authority to execute this document
on behalf ofEDGEW A TERHARBOR, LLC and who 0 is personally known or 0 has produced
as identification and who did (did not) take an oath.
(Agreement/Zoning - Edgewater Harbor-Amendment#l) 19
Notary Public
Stamp/Seal:
EXHIBIT" A"
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LEGAL DESCRIPTION
(Official Record 2766, Page 307, Per Volusia County, Florida.)
That part of the South 924.00 feet as measured on the East Right-of-Way line of U.S. Number 1
Highway of lots One (1), Four (4) and Twenty-Two (22), Assessor's Subdivision of the C.E.
McHardy Grant as recorded in Map Book 3, Page 152 of the Public Records of Vol usia County,
Florida, lying North of Riverfront Estates Subdivision as recorded in Map Book 19, Page 18, of the
Public Records of V olusia County, Florida, and that part of Sections 13 and 24, Township 18 South,
Range 34 East, lying East of U.S. Number 1 Highway and between the described property.
. Containing 59.94 acres more or less and being in Volusia County, Florida.
General Notes:
1.
2.
Legal description from June 19, 1969 survey by W.E. Swoope Jr., R.L.S. #417
Bearing structure shown based on bearing of South proper:ty line per above 1969
survey.
Warranted deed as shown per Official Record 2766, Page 307 per Volusia County,
Florida.
There may be additional information found in the public records of V olusia County,
Florida. No Title information provided.
Land containing 59.94 acres more or less.
Mean high water line as shown Elev. = 1.14 N.G.V.D. 1929 per sler (0960) an
interpolation from topographic survey Upham File #D-188 for waiver of survey
requirements for public easement 06/21/1999. This line has not been revised in the
current survey.
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3.
4.
5.
6.
(Agreement/Zoning - Edgewater Harbor-Arnendment#l) 20
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AGENDA REQUEST
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Date: March 23. 2006
PUBLI C
HEARING April 3. 2006
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2006-0-06
Anthony and Melissa Lancellotta, requesting
annexation of .9:1: acres of land located at 2923
Oak Trail.
OWNER: Anthony & Melissa Lancellotta
APPLICANT/AGENT: Anthony & Melissa Lancellotta
REQUESTED ACTION: Annexation
PROPOSED USE: Single-family residential
LOCATION: 2923 Oak Trail
AREA: .9:1: Acres
U CURRENT LAND USE: Single-family residential
FLUM DESIGNATION: Volusia County - Urban Low Intensity
ZONING DISTRICT: Volusia County - A-3 (Transitional Agriculture)
VOTING DISTRICT: 2
SURROUNDING AREA:
Current Land Use FLUM Designation Zoninl! District
North Single -family Low Density Transition RT (Rural Transitional)
residentialN acant
East Single-family Low Density Transition RT (Rural Transitional)
residential
South Vacant Volusia County - Urban Low Volusia County - A-3
Intensitv (Transitional Agriculture)
West VacantlSingle family Volusia County - Urban Low Volusia County - A-3
residential Intensitv (Transitional Agriculture)
Background
This property is located north of Oak Trail, and is currently vacant. The property owners are requesting
annexation to allow the creation of two (2) one (1) acre parcels for development of one additional single-
family residence.
U
At their regular meeting of January 11, 2006 the Planning and Zoning Board voted unanimously to
send a favorable recommendation to City Council for the annexation. City Council voted to approve
the request at first reading on March 20, 2006.
AN-0514 - Lancellotta
,
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Land Use Compatibility
The annexation and proposed use of this property is compatible with the surrounding land uses. The
vicinity is primarily single-family residential and vacant. 0
Adequate Public Facilities
To the north of this site is a platted, unopened road. Road improvements will be required prior to
any further development on this site. City water is currently available to this site. Sewer service is
currently not available at this time.
Natural Environment
Any environmental constraints shall be addressed prior to the issuance of a building permit.
Comprehensive Plan Consistency
The annexation of this property is consistent with the Comprehensive Plan. Policy 1.8.3 of the
Comprehensive Plan Future Land Use Element states "New development proposed within the County in
areas that are contiguous to the City shall be annexed into the City and developed to City standards as a
condition for the extension of public utilities."
Other Matters
There are no other know matters associated with this site.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2006-0-06; annexing .9:1: acres of land located at 2923 Oak
Trail.
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-06.
PREVIOUS AGENDA ITEM:
YES X
NO
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DATE: March 20.2006
AGENDA ITEM NO. 6B
C3\0~Yu~
Robin Matusick
Paralegal
~~\$(~~ '
Kenneth R. Hooper \ 7\
City Manager \U
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AN-0514 - Lancellotta
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ORDINANCE NO. 2006-0-06
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 2923 OAK TRAIL, VOL USIA COUNTY, INTO
THE CITY OF EDGEW A TER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEW A TER
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. Anthony and Melissa Lancellotta, owners/applicants for annexation of property
Q located at 2923 Oak Trail, within V olusia County, Florida. Subject property contains approximately
.9 :t 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 2 of the City of Edgewater are hereby designated
to include the property described herein.
5. During the Planning and Zoning Board meeting on January 11, 2006, the Board
recommended by a vote of 7 to 0 that the property be annexed into the City of Edgewater.
Q
StI tlck t11H'JlIgh passages are deleted.
Underlined passages are added.
2006-0-06
1
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, FLORIDA.
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 ofthe City of Edge water are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.01 ofthe Charter of the City of Edge water, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly.
4.
Within seven (7) days after adoption, copies ofthis 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.
StI th~k till ongh passages are deleted.
Underlined passages are added.
2006-0-06
2
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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.
PART D.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PARTE.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PARTF.
ADOPTION.
After Motion by Councilwoman Rogers and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on March 20, 2006, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Debra J. Rogers X
. Councilman Dennis Vincenzi X
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
StltKk tllIon~h passages are deleted.
Underlined passages are added.
2006-0-06
3
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on April 3, 2006, was as
follows:
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 3rd day of April, 2006.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
Stluck tlllou~h passages are deleted.
Underlined passages are added.
2006-0-06
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 3rd day of
April, 2006 under Agenda Item No. 6_,
4
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
A portion of Parcel 8, Stanley Acres, an unrecorded subdivision being part of Lots 20 and 21, Model
Land Company Subdivision, as shown on map in Map Book 5, Page 187 of the Public Records of
V olusia County, Florida and being more particularly described as follows:
Commence at a concrete monument being the Southeast comer of Lot 22, said Model Land
Company Subdivision; thence S 69038'30" W along the South line of said Model Land Company
Subdivision, a distance of 169.23 feet to the Westerly R/W line of Air Park Road; thence N
23024'10" W along said Westerly R/W line of Air Park Road, a distance of 1046.67 feet; thence S
69038'30" W, a distance of376.59 feet for the Point of Beginning; thence S 21007'05" E, a distance
of 49.00 feet; thence S 69038'30" W, a distance of 175.00 feet; thence S 21007'05" E, a distance of
125.00 feet; thence S 69038'30" W, a distance of 175.00 feet; thence N 21007'05" W, a distance of
174.00 feet; thence N 69038'30" E, a distance of 350.00 feet to the Point of Beginning.
Containing 0.9 :!: acres more or less.
StltlGk tlllotl~h passages are deleted.
Underlined passages are added.
2006-0-06
5
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AGENDA REQUEST
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Date: March 13. 2006
PUBLIC
HEARING April 3. 2006
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
1 st Reading - Ordinance No. 2006-0-08
Anthony and Melissa Lancellotta, requesting an
amendment to the Comprehensive Plan Future
Use Map to include .9:1: acres of land located at
2923 Oak Trail as Low Density Transition with
Conversation Overlay.
OWNER: Anthony & Melissa Lancellotta
APPLICANT/AGENT: Anthony & Melissa Lancellotta
REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include
property as Low Density Transition with Conservation Overlay.
PROPOSED USE: Single-family residential
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LOCATION: 2923 Oak Trail
AREA: .9:1: Acres
CURRENT LAND USE: Single-family residential
FLUM DESIGNATION: Volusia County - Urban Low Intensity
ZONING DISTRICT: Volusia County - A-3 (Transitional Agriculture)
VOTING DISTRICT: 2
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Single-family Low Density Transition RT (Rural Transitional)
residentiaWacant
East Single -family Low Density Transition RT (Rural Transitional)
residential
South Vacant Volusia County - Urban Low Volusia County -A-3
Intensity (Transitional Agriculture)
West Vacant/Single family Volusia County - Urban Low Volusia County -A-3
residential Intensitv (Transitional Agriculture)
Background
This property is located north of Oak Trail, and is currently vacant. The property owners are proposing
U to create two (2) one (1) acre parcels for development of one additional single-family residence.
The Planning and Zoning Board voted to send a favorable recommendation to City Council at their
regular meeting on February 8, 2006.
CP A-0512 - Lancellotta
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Land Use Compatibility
The proposed use of this property is compatible with the surrounding land uses. The vicinity is
primarily single-family residential and vacant.
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Adequate Public Facilities
To the north of this site is a platted, unimproved road. Road improvements will be required prior to
any further development on this site. City water is currently available to this site. Sewer service is
currently not available at this time.
Natural Environment
Any environmental constraints shall be addressed prior to the issuance of a building permit.
Comprehensive Plan Consistency
The proposed Future Land Use Map designation is compatible with the adjacent Future Land Uses along
Oak Trail and the surrounding area.
Other Matters
There are no other know matters associated with this site.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2006-0-08; amending the Comprehensive Plan Future Use
Map to include .9::1: acres ofland located at 2923 Oak Trail as Low Density Transition with Conservation
Overlay.
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-08.
PREVIOUS AGENDA ITEM:
YES NO
x
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DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
~~~
Development Services Director
~ (Y--.rr~
Robin Matusick ~
Paralegal
\Z.~&\(\~cv-.. ~\\D'
Kenneth R. Hooper \
City Manager
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CP A-0512 - Lancellotta
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ORDINANCE NO. 2006-0-08
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP FROM COUNTY
URBAN LOW INTENSITY TO CITY LOW DENSITY
TRANSITION WITH CONSERVATION OVERLAY FOR
PROPERTY LOCATED AT 2923 OAK TRAIL, EDGEW A TER,
FLORIDA; PROVIDING FOR FINDINGS OF CONSISTENCY;
AMENDING THE FUTURE LAND USE MAP; PROVIDING
FOR FILING WITH THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, THE VOLUSIA GROWTH
MANAGEMENT COMMISSION, THE REGIONAL
PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL
GOVERNMENT OR GOVERNMENTAL AGENCY THAT
HAS REQUESTED A COpy OF THE PLAN AMENDMENT;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY AND PROVIDING
AN EFFECTIVE DATE.
Whereas, the City Council of the City of Edgewater, Florida, has made the following
'-> determinations:
1. Anthony and Melissa Lancellotta, owners/applicants for property located at 2923 Oak
'-.J
Trail, Edgewater, Florida. Subject property contains approximately 0.9 acres more or less.
2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the
owners/applicants are requesting a Comprehensive Plan Amendment for the subject property. The
requested Amendment would change the Future Land Use Map designation from County Urban Low
Intensity to City Low Density Transition with Conservation Overlay for the property described
herein.
3. On February 8, 2006, the Planning and Zoning Board, sitting as the City's Local
Planning Agency considered the change in the Future Land Use Map designation and by a vote of
2006-0-08
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5 to 0, recommended that the City Council approve the request.
4. In a letter dated March 20, 2006 and March 31,2006, the Legal Department notified
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the owners by mail of the property and all property owners who own real property directly affected
by the proposed action within 300 feet of the subject property regarding the pending Amendment.
5. On April 3, 2006, the City Council considered on first reading the proposed change
in the Future Land Use Map designation.
6. Pursuant to Section 163.3187(1)( c), Florida Statutes, on May 1, 2006, the City
Council held a public hearing to consider the change in the Future Land Use Map designation after
publishing notice of such hearing in the Daytona Beach News Journal Observer on Thursday, April
20, 2006.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA:
PART A.
AMENDMENT - CHANGE IN FUTURE LAND USE MAP
DESIGNATION.
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That Article I, Section 21-04 of the City of Edgewater's Land Development Code, as
amended and supplemented, said Article adopting the Comprehensive Plan ofthe City of Edge water,
Florida regulating and restricting the use oflands located within the City of Edge water, Florida, be,
and the same is hereby, amended by this plan map amendment to: Amend the Official Future Land
Use Map to include property as Low Density Transition with Conservation Overlay for property
described in the legal description contained in Exhibit "A" and further located on the map as
reflected in Exhibit "B" (which are attached hereto and incorporated herein).
PART B.
FINDINGS OF CONSISTENCY.
The City Council specifically determines that the approved change in the Future Land Use
2006-0-08
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Map designation is internally consistent with the policies and objectives contained in the Edgewater
Comprehensive Plan, specifically Policy 1.8.3 of the Future Land Use Element states "New
development proposed within the County in areas that are contiguous to the City shall be annexed
into the City and developed to City standards as a condition for the extension of public utilities."
PART C.
AMENDMENT OF THE FUTURE LAND USE MAP.
The Development Services Director is hereby authorized and directed to amend the Future
Land Use Map of the Future Land Use Element of the Edgewater Comprehensive Plan to reflect the
change in the Future Land Use designation for the property described herein.
PARTD.
FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS.
Pursuant to Section 163.3187(1)( c )2, Florida Statutes (2005), the Development Services
Director is hereby directed to report this action to the state land planning agency as required therein.
PART E.
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 F.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART G.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
2006-0-08
StI lick tit! Otlgh passages are deleted.
Underlined passages are added.
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PART H. ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on April 3, 2006 is as follows:
Mayor Mike Thomas
Councilman Debra Jean Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
After Motion by
AYE
and Second by
NAY
the vote on the second reading of this ordinance was as follows:
Mayor Mike Thomas
Councilman Debra Jean Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
2006-0-08
StI tick tin otIgh passages are deleted.
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AYE
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PASSED AND DULY ADOPTED this 1st day of May, 2006.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to fonn and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
2006-0-08
St! tick tilt otlgh passages are deleted.
Underlined passages are added.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 1 st day of
May, 2006 under Agenda Item No.6
5
EXHIBIT" A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
A portion of Parcel 8, Stanley Acres, an unrecorded subdivision being part of Lots 20 and 21, Model
Land Company Subdivision, as shown on map in Map Book 5, Page 187 of the Public Records of
Volusia County, Florida and being more particularly described as follows:
Commence at a concrete monument being the Southeast comer of Lot 22, said Model Land
Company Subdivision; thence S 69038'30" W along the South line of said Model Land Company
Subdivision, a distance of 169.23 feet to the Westerly R/W line of Air Park Road; thence N
23024'10" W along said Westerly R/W line of Air Park Road, a distance of 1046.67 feet; thence S
69038'30" W, a distance of376.59 feet for the Point of Beginning; thence S 21007'05" E, a distance
of 49.00 feet; thence S 69038'30" W, a distance of 175.00 feet; thence S 21007'05" E, a distance of
125.00 feet; thence S 69038'30" W, a distance of 175.00 feet; thence N 21007'05" W, a distance of
174.00 feet; thence N 69038'30" E, a distance of 350.00 feet to the Point of Beginning.
Containing 0.9! acres more or less.
2006-0-08
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AGENDA REQUEST
Date: March 13. 2006
PUBLIC
HEARING April 3. 2006
ORDINANCE X
RESOLUTION
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
1 st Reading - Ordinance No. 2006-0-09
Anthony and Melissa Lancellotta, requesting an
amendment to the Official Zoning Map to
include .9:1: acres of land located at 2923 Oak
Trail as RT (Rural Transitional).
OWNER: Anthony & Melissa Lancellotta
APPLICANT/AGENT: Anthony & Melissa Lancellotta
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as RT
(Rural Transitional)
PROPOSED USE: Single-family residential
LOCATION: 2923 Oak Trail
AREA: .9:1: Acres
CURRENT LAND USE: Single-family residential
FLUM DESIGNATION: Volusia County - Urban Low Intensity
ZONING DISTRICT: Volusia County - A-3 (Transitional Agriculture)
VOTING DISTRICT: 2
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Single-family Low Density Transition RT (Rural Transitional)
residentialN acant
East Single-family Low Density Transition RT (Rural Transitional)
residential
South Vacant Volusia County - Urban Volusia County - A-3
Low Intensity (Transitional Agriculture)
West Vacant/Single Volusia County - Urban Volusia County - A-3
family residential Low Intensity (Transitional Agriculture)
Background
This property is located north of Oak Trail; and is currently vacant. The property owners are proposing
to create two (2) one (1) acre parcels for development of one additional single-family residence.
RZ-0520 - Lancellotta
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The Planning and Zoning Board voted to send a favorable recommendation to City Council at their
regular meeting on February 8, 2006.
.
Land Use Compatibility
The proposed use of this property is compatible with the surrounding land uses. The vicinity is
primarily single-family residential and vacant.
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Adequate Public Facilities
To the north of this site is a platted, unimproved road. Road improvements will be required prior to
any further development on this site. City water is currently available to this site. Sewer service is
currently not available at this time.
Natural Environment
Any environmental constraints shall be addressed prior to the issuance of a building permit.
Comprehensive Plan Consistency
The RT (Rural Transitional) Zoning classification is compatible with the proposed Future Land Use
designation of Low Density Transition.
Other Matters
There are no other know matters associated with this site.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2006-0-09; amending the Official Zoning Map to include.9:I:
acres of land located at 2923 Oak Trail as RT (Rural Transitional).
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-09.
PREVIOUS AGENDA ITEM:
YES
NO
x
o
DATE:
AGENDA ITEM NO.
vices Director
~rro'1~Ak
Robin Matusick ~
Paralegal
~~~~~~~ O'
Kenneth R. Hooper '\
City Manager
o
RZ-0520 - Lancellotta
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ORDINANCE NO. 2006-0-09
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY A-3 (TRANSITIONAL
AGRICULTURE) TO CITY RT (RURAL TRANSITIONAL)
FOR PROPERTY LOCATED AT 2923 OAK TRAIL,
EDGEW A TER, FLORIDA; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEWATER;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Anthony and Melissa Lancellotta, owners/applicants of property located at 2923 Oak
Trail, Edgewater, Florida. Subject property contains approximately 0.9 acres more or less.
2. The owner/applicant has submitted an application for a change in zoning
U classification from County A-3 (Transitional Agriculture) to City RT (Rural Transitional) for the
property described herein.
3. On February 8, 2006, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 5 - 0, the Board
recommended that City Council consider approval of the request.
4. On April 3, 2006, the City Council considered on first reading/public hearing the
proposed change in the zoning classification after publication of such hearing in the Observer on
March 23, 2006.
5. On May 1, 2006, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on April 20, 2006, and notifying by mail all
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Underlined passages are added.
2006-0-09
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property owners who own real property directly affected by the proposed action and all property
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owners who own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11.
The proposed change will not have a negative effect on the character of the
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surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW A TER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
A-3 (Transitional Agriculture) to City RT (Rural Transitional).
The following described real property all lying and being in the County of V olusia
and State of Florida.
A portion of Parcel 8, Stanley Acres, an unrecorded subdivision being part of Lots
20 and 21, Model Land Company Subdivision, as shown on map in Map Book 5,
StrtlGk tluongh passages are deleted.
Underlined passages are added.
2006-0-09
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Page 187 of the Public Records of V olusia County, Florida and being more
particularly described as follows:
Commence at a concrete monument being the Southeast comer of Lot 22, said Model
Land Company Subdivision; thence S 69038'30" W along the South line of said
Model Land Company Subdivision, a distance of 169.23 feet to the Westerly R/W
line of Air Park Road; thence N 23024'10" W along said Westerly R/W line of Air
Park Road, a distance of 1046.67 feet; thence S 69038'30" W, a distance of 376.59
feet for the Point of Beginning; thence S 21007'05" E, a distance of 49 .00 feet; thence
S 69038'30" W, a distance of175.00 feet; thence S 21007'05" E, a distance ofl25.00
feet; thence S 69038'30" W, a distance of 175.00 feet; thence N 21007'05" W, a
distance of 174.00 feet; thence N 69038'30" E, a distance of350.00 feet to the Point
of Beginning.
Containing 0.9 ::t acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW A TER, FLORIDA.
The Development Services Director is hereby authorized and directed to amend the Official
Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the
above described property.
PART C.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
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
StlttGk t1uotlgh passages are deleted.
Underlined passages are added.
2006-0-09
3
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PART F.
.EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
After Motion by
and Second by
. the vote on the first reading of this ordinance held on April 3, 2006, was as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
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Underlined passages are added.
2006-0-09
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After Motion by
and Second by
the vote on the second reading of this ordinance was as follows:
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 1st day of May, 2006.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
Stmck t1l1otJ~h passages are deleted.
Underlined passages are added.
2006-0-09
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this I st day of
May, 2006 under Agenda Item No. 6_.
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AGENDA REQUEST
Date: March 22, 2006
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PUBLIC
HEARING
~
RESOLUTION
ORDINANCE April 3, 2006
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Ordinance 2006-0-07
An ordinance establishing user fees to non-residents for the deployment
of public safety services for motor vehicle accidents.
BACKGROUND:
The Ordinance will allow the City to seek reimbursement from insurance companies of the "at fault"
non-residents for the public safety services response to motor vehicle accidents. The reimbursements
are factored into four (4) separate levels of response depending on the severity of the accident.
With an increasing number of motor vehicle accidents and associated demand for services, the
reimbursements will allow the public safety departments to maintain level of services without
increasing the financial burden to the residents.
STAFF RECOMMENDATION:
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Staff recommends approval of Ordinance to charge user fees to non-residents for public safety services
for motor vehicle accidents.
ACTION REQUESTED
Motion to approve Ordinance 2006-0-07 to charge user fees to non-residents for public safety services
for motor vehicle accidents.
FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE: February 2,2006
March 20, 2006
AGENDA ITEM NO. 9.B.
6D.
l
o Mike Ignas'
Police Chi
C5\cb' ~ ~~.
C) _,t'i \
Robin Matuslck
Paralegal
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ORDINANCE NO. 2006-0-07
AN ORDINANCE OF THE CITY COUNCIL OF
EDGEW A TER, FLORIDA; MODIFYING CHAPTER 12
(OFFENSES AND MISCELLANEOUS PROVISIONS) BY
CREATING ARTICLE V (DEPLOYMENT OF PUBLIC
SAFETY SERVICES) OF THE CODE OF ORDINANCES,
CITY OF EDGEWATER, FLORIDA; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE, AND ADOPTION.
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WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Public Safety Departments (Fire and Police Departments) provide public service
activity to vehicular accidents and the number of incidents continue to increase each year. New
Home Security regulations, such as biological training and equipment, etc., will create increased
demands on all operational areas of the Fire and Police Department's services; and
2, The Fire and Police Department have investigated various alternatives to maintain
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a high level of quality of Fire and Police emergency services throughout times of constantly
increasing service demands, where maintaining an effective response by the Fire and Police
Departments decreases the insurance companies costs by savings lives and minimizing vehicular
damage by fire; and
3, An increase in real propertytax to meet the increase of cost of public service demands
would not be fair to the property owners, when many of the Motor Vehicular Accidents ("MV A")
involve individuals not owning real property or paying property taxes within the City of Edgewater;
and
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2006-0-07
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4. The City Council desires to implement a fair and equitable procedure by which to
collect public safety response fees from insurance companies of non-tax payers and shall establish
a billing system in accordance with State and Federal laws, regulations and guidelines.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
MODIFY CHAPTER 12 (OFFENSES AND MISCELLANEOUS
PROVISIONS) BY CREATING ARTICLE V (DEPLOYMENT
OF PUBLIC SAFETY SERVICES) OF THE CODE OF
ORDINANCES, CITY OF EDGEW A TER, FLORIDA.
Chapter 12 (Offenses and Miscellaneous Provisions) is hereby modified as follows:
Article V (Deployment of Public Safety Services) is created to read as follows:
ARTICLE V. DEPLOYMENT OF PUBLIC SAFETY SERVICES
Sec. 12-86. Motor Vehicle Accident Public Safety Response User Fees of Non-Resident.
ill The City of Edgewater's Fire and Police Department's shall initiate public safety
\.) response fees for the delivery of Fire and Police Department services. personneL supplies and
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equipment to the scene of motor vehicle accidents if it is determined a non-resident is found at fault.
The rate of the user fee shall be that which is the usuaL customary and reasonable costs ("VCR").
which includes any services. personneL supplies and equipment and may fluctuate based on the
needs of the accident.
ill The user fees shall be filed to the non-resident motor vehicle insurance company of
the individual determined to be at fault. representing additional cost of the claim for damages of the
vehicles, propertv and/or iniuries. The claim costs shall be filed by a billing agency to the insurance
coverage of the owner ofa vehicle. owner of property, or responsible party.
Stl tick till otlgh passages are deleted.
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2006-0-07
2
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User fees shall be based on the following reimbursement rates:
ill Levell Motor Vehicle Accident - Emergency response to a motor vehicle
accident where no injuries or hazards are found and only police department response is required for
investigation and report. Fees for Levell response will be adopted in an amount authorized and
adopted pursuant to the appropriate resolution adopted by City Council.
Q} Level 2 Motor Vehicle Accident - Emergency response to motor vehicle
accident where there are no injuries but the fire rescue department is required for hazard
investigation and mitigation and the police department is required for investigation and report. Fees
for Level 2 response will be adopted in an amount authorized and adopted pursuant to the
appropriate resolution adopted by City Council.
~ Level 3 Motor Vehicle Accident - Emergency response to motor vehicle
accident where there are injuries that require treatment by the fire rescue department and there is not
any victim extrication and the police department is required for investigation and report. Fees for
Level 3 response will be adopted in an amount authorized and adopted pursuant to the appropriate
resolution adopted by City Council.
ill. Level 4 Motor Vehicle Accident - Emergency response to motor vehicle
accident that requires victim extrication and treatment by the fire rescue department and the police
department is required for possible accident reconstruction and/or traffic homicide investigation and
report. Fees for Level 4 response will be adopted in an amount authorized and adopted pursuant to
the appropriate resolution adopted by City Council.
~ Annual Review/Fee Adjustment - There will be an annual review of all fees
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2006-0-07
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with any User fee increases adiusted on an annual basis pursuant to the on the Cost Pricing Index
("CPI") (All Urban Uses as of July) or by three percent (3%). whichever is less.
Sec. 12-87. Establishment of Account Tracking.
All revenue collected as a result of this Article shall be placed into a proprietary fund as
established bv the Finance Director to be used exclusively for personneL supplies and equipment for
the Fire and Police Departments required to respond to effect their public safety responsibilities.
Sec. 12-88 - 12-90. Reserved.
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.
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.
Stmck tluongh passages are deleted.
Underlined passages are added.
2006-0-07
4
PARTE.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption and shall remain in effect for a period of
eighteen (18) months from the effective date.
PART F.
ADOPTION.
On March 20,2006, City Council continued first reading of this ordinance until April 3, 2006
pursuant to motion by Councilwoman Rogers and second by Councilwoman Lichter.
After Motion by
and Second by
the vote on the first reading of this ordinance held on April 3, 2006, was as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
StlllGk till ough passages are deleted.
Underlined passages are added.
2006-0-07
5
..
\
o
o
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'-.J
'-.J
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on April 17, 2006, was as
follows:
Mayor Mike Thomas
Councilwoman Debra 1. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 17th day of April, 2006.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
StI tIck till otI~h passages are deleted.
Underlined passages are added.
2006-0-07
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 17th day
of April, 2006 under Agenda Item No. 6_.
6
"
Edgewater Police Department, Edgewater, Florida
,
Name of Reporting Officer:
o
Date:
Type Of Incident:
Date of Incident:
D Vehicle Accident
Time:
D Traffic Control D Squad Assistance
Report #:
Location of Incident:
Incident Severity: (Please Choose)
D Fatal D Incapacitating Injury
D Possible Injury D Property Damage Only
D Non-Incapacitating Injury
D Unknown
# of Police Officers on scene:
# of Police Vehicles on scene:
Approximate amount of time on scene of accident, including completion of report:
Parties Involved:
Name:
Resident DYES
DNO
Address:
At fault? DYES
DNO
Phone:
Insurance Company:
Insurance Address:
Phone #:
Policy #:
Resident DYES
o
Name:
DNO
Address:
At fault? D YES
DNO
Phone:
Insurance Company:
Insurance Address:
Phone #:
Policy #:
Additional Scene Procedures (Indicate all that a I)
Administered Care 0 Cleaned up Hazardous Chemicals 0
Applied Absorbent 0 Determined if Injuries 0
Assisted in Patient Care 0 Directed Traffic 0
Assisted in Patient Removal 0 Disconnected Battery Cables 0
VehicIes were righted 0 Cleaned up debris 0
Placed Flares/Cones 0
Gave Drug Test 0
Gave Sobriety Test 0
Interviewed Witness(es) 0
Established Safety Zone 0
Flushed Street 0
Searched VehicIe 0
Secured Area 0
Made Arrest 0
Signature of Reporting Officer:
Date:
o
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AGENDA REQUEST
Date: March 20. 2006
PUBLIC
HEARING
RESOLUTIONS
ORDINANCE
BOARD
APPOINTMENT 4/3/06 CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Request for appointment to the Edgewater Library Board due to the resignation of Sandy Sammons.
BACKGROUND:
Sandy Sammons was appointed to the Library Board on November 18,2002 to fill the remaining
term of Sue Shaw. She was reappointed with her term to expire May 8, 2006. Ms. Sammons
submitted a letter of resignation on March 5, 2004, with Irene Mackie being appointed to finish her
term.
Kathy Booth was previously appointed to the Library Board on November 18,2002 and resigned on
January 28,2005. Ms. Sammons was reappointed to the Library Board on March 7, 2005, to fill the _
unexpired term of Ms. Booth. Ms. Sammons' term expires March 7, 2007. Ms. Sammons has again
submitted a letter of resignation, which is also attached.
STAFF RECOMMENDATION:
At the March 7th Library Board meeting, the Board unanimously approved the appointment of Kathy
Booth to finish out the term of Sandy Sammons, which expires on March 7, 2007.
ACTION REQUESTED:
Motion to appoint Kathy Booth to the Edgewater Library Board.
FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
Respectfully submitted,
~'13~~
Lisa Bloomer
Library Board Recording Secretary
:lb
Attachment
~II\.----
\
,
To: The City of Edgewater
Ol-11-06Al0:02 FILE
From: Sandy Sammons
u
Re: Board of the Edgewater Public Library
It is with regret that I submit my resignation from the Library Board for the Edgewater
Public Library. My husband and I will be moving to Mount Dora on January 18, 2006 to
help out with my grandson, who goes to school there.
I have appreciated, very much, being a part of the Library Board and the Friends of the
Edgewater Public Library. I sincerely wish both organizations continued success in the
future.
Being a librarian myself, I have always felt that the Library should be at the heart of the
community. In Edgewater, that is truly the case. I have felt enormous pride in my
community whenever I have arrived at our library before the doors were opened for the
day, to wait, along with others, for entry into this friendly and educational place. A
crowd waiting for a library to open is, for me, a key that the community is a great one in
which to reside. It has been my pleasure to be a part of this historic but vibrant city.
o
Thank you for your continued high regard for the Edgewater Library. The staff is
absolutely the best, and the building itself continues to be brighter and more usable each
year. Continued success to all.
Very sincerely,
c;?~~
Sandra Sammons
(Mrs. Robert E.)
January 6, 2006
o
,
..
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07-07-05Al0:35 RCVC
APPLICATION FOR APPOINTMENT TO CITY
BOARDS AND COMMITTEES
NAME
k!J fA \/ Bo () th
I I, ~
:;,j2 () Y ! a mo. r ,,^,
409'- 31)(( I
ADDRESS
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HOME PHONE
BUSINESS PHONE
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OCCUPATION h ur>~ I ~ as; /5HtYJ G
Are you a registered voter? Y Voting District
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, my A);~ /~
cornmi t tee: E"-J et-v4 ft:!.r
Are you a resident of Edgewater
v
How long
Is your
principal place of employment in Edgewater?
if yes how long?
ip serving on a City board
L/br y
L
Briefl
State your experience/qualifications :3 YY'5 P>c/if/e'Y\U- tf'Yl LiIPrlti1:t
;8J} fA YCL
Are you employed by the CitY?~DO you hold public office? rJ
At the present time, do you serve on any other Boards or committees?
fJ If so, list each:
Have you ever served on any boards or committees? Y If so, list each:
Stl1 a bbvt!-
(BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_____ANIMAL CONTROL BOARD
_____CITIZEN CODE ENFORCEMENT BOARD
_____CONSTRUCTION REGULATION BOARD
_____ECONOMIC DEVELOPMENT BOARD
_____FIREFIGHTERS PENSION BOARD
_____GENERAL EMPLOYEES PENSION BOARD
~LIBRARY BOARD
_____RECREATION & CULTURAL SERVICES
_____PLANNING & ZONING BOARD
_____POLICE PENSION BOARD
_____VETERANS PARK ADV. COMMITTEE
SIGNATURE
~~~
SIDE FOR LISTING OF BOARDS AND COMMITTEES
(Revised 2-7-03)
7/ (p 10S"
DATE:
*SEE REVERSE
,
APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
NAME~ (3...("\ c.... i $" (;0 ~. '\); (L ~ TJ I
"PO lSoK "'L-15 f'J e.....J S""l.(r""""1 FI 3-1I,o
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PHONE 3'36 - <64h - l'i/ b
OCCUPATION 5tu~e-
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Are you a resident of Edgewater Y ~ ':>
long II '1 eocs
Is your principal place of employment in Edgewater? t1 0 if yes how long?
Briefly state your interest in serving on a City board, agency or committee:"; o.(<;:er 0...
How
:os .ci \I c. 0 V"
, ~er fOUlf j,l'ld
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Are you a registered voter? Yec;
.Are you employed by the City? ~o Do you hold public office? ,J lJ
At the present time. do you serve on any other Boards, Agencies, or committees? W! c:; If so, list
each: {J<or~;a. lJe;MOc.(4,...{:-)C. b~e:.Ll-t7ve (DrVil'J'\ j-t~~
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Have you ever served on any boards, agencies, or committees? NOlt so, list each:
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
1-ANIMAL CONTROL BOARD
2-CITIZEN CODE ENFORCEMENT BOARD
~CONSTRUCTION REGULATION BOARD
'/-ECONOMIC DEVELOPMENT BOARD
LFIREFIGHTERS PENSION BOARD
I ~GENERAL EMPLOYEES PENSION BOARD
'2.L1BRARYBOARD
t..RECREATION & CULTURAL SERVICES
2PLANNING & ZONING BOARD
'-LPOLlCE PENSION BOARD
t..VETERANS PARK AD~MITTEE
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..... ......&...A-.J ~..&........... ............ ..&. .&-J~ '-";.&...."I , ,.....,fL..... ..&....J..... ~
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,POST OFFICE BOX 1 OO-EDGEWATER.. 'FLORIDA '32132-01 DO
',., ,APPLIcATION 'FOR APPOINTMENT ,~' CITY
BOAlmS OR "C?OMMITTEES" "2-05-05 AD2: 32 I i'J
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HC>>1E PHONE ("n) i..J~}{ -1t? 1~ .. BUSINESS; PHONE ~)11
" ,
'OCCUPATION ~
, Are' yo~ a resident, of' Eogewater \ tFS'
Howlong II 2- z...s.
. Is your
Bri,efly
principal :place of 'empl~yment ih Edgew~te~? ,~lfr'
if yes how long?"
state yorir interest in ~~rvihg on, a'~ity ~oaid o~
" 'Are: you, ezp.ployedby th~
,At, the preseht. t,ime~" dO.
pO ' If so, llst each:
committee:
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Ca:'\LcJ l.cJe~t:Ct.~
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other, Boards or coinmitte~,s?
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, Have you eve~ served on any boards,
list, each':: Ck A, r c'., ~.
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(BOAmf AND CoMMJ;TTEE, MEMBERS MAY BE, REQUIRE]), TO l1'ILE ,'WITH THE STATE,
FmAN(::IAL DISCLOSURE 'FORMs:'EACB UAR) " '
:' _ "" PLEA$E rimlCA'rE BOARDS. OR COMMI'lTEES 'Y9U ~. .
:WoULD LmE, TO SEa.W' ,ON AND' ~ 'THEM ACCoRDXNG, :ro CHO:tCE BY NUMBER:
"
---,----,..ANlMAL 'CONTROL BOARD
~CIT~ZEN'CODE E~FORCEMENT BOARD
~CON'STRUCTION REGULAT:i:.bN BOARD
____ECONOMIC DEVELOPMENT BOARD
~FIREFIGHTERS 'PENSioN'BO~D
, _GENERAL EMPLOY'EES PENSION a,CARD"
"LLIBMRY'BO~D'"
~RECREATION, & CULTURAL SERVicES'
----.-PLANNING & ZONING BOARD,
~POLICE PENSION ~OARD
_VETEi\ANS PARK ADV. COMMI'J.'TEE
'SiGNATUR~A.;td?-itl-.?f:,~ ~_ ""J:!1'J~~ DATE:
SEE REVERSE SIDE FOR BOARD AND CO~ITT~ES LISTINGS (2-10-03)
/~/l ) ()~
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THE CITY OF EDGE WATER
POST OFFICE BOX 1 OO-EDGEWATER, FLORIDA 32132-01 00 .
,
APPLICATION FOR APPOINTMENT TO CITY
BOARDS OR. COMMITTEES.
. DirJ./ ClZritFL-L . itmiJuii22 Af~I"
It/)" /~)le'~ -. .,
. .
HOME PHONE 3'Ft ~ tf21-l~P~b
.OCCUPATION .7&~' .~IZ tYe-pJ./.
. Are you a resident of Edgewater Yc-r.' How long
u
NAME .
:1U>DRES'S
BUSINESS PHONE
3'Pt. - l./:1.t. - 91;7tf'
Disl--2 -
/0- /PI,
Is your principal 'place of employment ih Edgewater? ~ :y~>
. if yes how long? . .1 to. - . ?(,
Br.i,efly state your interest in serving on. a City board or
committee: J~' ~~re-D '..::r;..' ~ h-rwlU' pp:" ~4?iv~.
':::;:WOtA L- 1)' L, Ii:: ~ . 70. ffE;-z.-p ~ ~ 7111rr -.:r:; /fbw tn~ $ fr 'S /# Irz-L To ';";/..1
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'. -rH~"'QNr~'-noJr/-!l(AtL--D/IC/C- "5NQW~ry . nIL 5'{-'Y~A72-~'.. .' .
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. . , .
. .Are: you. eI:Uployed'by the' City?-1J!:...oo Y. du 'h'olci.',public 'office? '!It:>
At ,t,he' present t,ime~. dQ you: serve on any other Boards or coinmittees? 0
---..&.LIf so, list each:
'. .
. Have you eve~served on any boards, agencies, r comwttees? Ye-S'Ifs6,
liAt each:~ f1'~r .Ik-~.r flolrr'lt> W/J--c '7I-I?: '0,-" 1~S'lolt/.
if(7lr7l.p ___ CIon; ~r-. 67>~ w~fL' .' '.' ..... . ...
.(BQAlm AND coMMITTEE MEMBERS MAY BE. REQUIRED TO FILE. WITH THE STATE,
FINANCIAL DISCL9S~FORM;8:EACH YEAR) . .
.. ." PLEASE INDICATE BOARDS OR COl<lMl:TTEES YOU
WOULD LIRE TO SERVE ON AND' RANK THEM ACCOROING. TO caOICE BY NUMBER
.("'.AN;MAr, 'CONTROL BOARD'
~CIT,IZEN 'CODE ENFORCEMENT BOARD
2' CONSTRU6TI~N REGULATI6N BOMb
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~E~ONOMICDEVELOPME'NT. BOARb
~FIREFIGHTERS p,~NSION BOARD
. ..C-~.~
S I'GNATURE' ~ K /..- '.
SEE REVERSE SIDE FOR BOARD ~D COMMITTEES LISTINGS
. .' ..
... r GENEIoo. EMPLOYEES PENSION ~,OARD' .
~RECREATION. & CULTURAL SERVICES
~PLANN,ING ~.ZONI~G BOARD.' .
~POLICE PENSION BOARD. .
-1LVETE~S ,PARK AoV. COMMITTEE
.. DATE:
(2-10-:-03) . .
7 ~ :1. J ....'{)3
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APPLICATION FOR APPOINTMENT TO .
CITY BOARDS AND COMMITTEES
Nwne A~ tlell-/ PlVVlt
Address f1 (() I{ \ > OVy-q fA "fe-'<-</) cPI 2/.ve
Home Phone t ~G ~ tf-~~-tk ~ 3 Business Phone ) &'G - tf~? -{ ~ l1L
o"/- l> v~ fltet;
Are you a registered voter? t e. g . Voting District
Are you a resident of Edgewater? ( e <; How long?
i
,
Occupation
fj tV Il~~
?,. ~'f ectl^C
Is your principal place of employment in Edgewater?
ies
If yes how long?
Briefly state yo", mlerest m ...-vin, on a City boanI 0' committee',.>d- .
7(?//ltu{Ce {To. -rk() c-,tf (fJJ -dafe~~
State your experience/qUalifiCations_l? U $-( 11 f'.t~ . () lA .;yf~.e.r .
. . I
Are you employed by the City? -# Do you hold public office?
NO
o
At the present time, do you serve on any other Boards or committees?
lfso, list each: C It r::. u{ ~o/ (} ~ I ell v ~k( ~{J(e Co /liP!( ~e- /
. { . .,
Have you ever served on any boards or committees?
If so, list each:
(BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH mE STATE,
FINANCIAL DISCWSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMfITEES YOU WOULD LIKE TO SERVE ON
AND RANK THEM ACCORDING TO CHOICE BY NUMBER
__AMMALCONTROLBOARD
~CITIZEN CODE ENFORCEMENT BOARD
_CONSTRUCTION REG.ULA TION BOARD
-LECONOMIC DEVELOPMENT BOARD
_FIREFIGHTERS PENSION BOARD
_GENERAL EMPLOYEES PENSION BOARD
o
.!:t-RECREATION & CULTuRAL SERVICES
~PLANNING & ZONING BOARD
_POLICE PENSION BOARD
VETERANS PARK ADV. COMMITIEE
Date f - () 'f'O 5'
03-04-05A08:49 RCVD
,
APPLICATION FOR APPOINTMENT TO
CITY BOARDS AND COMMITTEES
03-20-06Ar9~35 FilE
t
Name~//Z So r~
Address l q I 6 --:T~ i fOr 1) y/ L: dSoe LJc<~,r
Home Phone -~ [r(-j .-42 &- - /4 t;t __ Business Phone
Occupation () V (? '?"J$:z:U-tf.)1) I : ~ ()~,
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f-ICt( .'> :2/ Cf J
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Are you a registered voter? y- e 5
Are you a resident of Edgewater? y c? - .5
Is your principal place of employment in Edgewater?
If yes how long?
:2 \/ (5
I
Briefly state your interest in serving on a City board or committee:
-2/0 ~c.1 P w / +^ fJ.e CI jAr rh~ I eo p~ (4--1- j ~ c:,
State your experience/qualifications -r c..... jfY\ C-t P P--/-O I ,J hC2,r ~ h d
f e -e ( :+ \,,1 UL\) e c:, cY 1t:1. e- e Yr '" y'e FIr P \AJ 1-/-1,..
V\. I^;- (V\.~ IS
Are you employed by the City?~Do you hold public office?
At the present time, do you serve on any other Boards or committees? J1 V
o
If so, list each:
Have you ever served on any boards or committees? - t'\ 0
If so, list each:
(BOARD AND COMMITTEE MEMBERS MAYBE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON
AND RANK THEM ACCORDING TO CHOICE BY NUMBER
11- ANIMAL CONTROL BOARD ~GENERAL EMPLOYEES PENSION BOARD
ACITIZEN CODE ENFORCEMENT BOARD - ~I:gR!A"\!IB@~~
3..CONSTRUCTION REGULATION BOARD ~RECREATION & CULTURAL SERVICES
1f:-ECONOMIC DEVELOPMENT BOARD ~PLANNING & ZONING BOARD
~FIREFIGHTERS PENSION BOARD ~POLICE PENSION BOARD
1L- VETERANS PARK ADV. COMMITTEE
Signatur~ ~flTI;
(REVISED (2-10-04) -- r
Date S-17- 6 b
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~tA-
AGENDA REQUEST
Date: March 15, 2006
PUBLIC
HEARING
BOAR'D
APPOINTMENT
RESOLUTION
ORDINANCE
OTHER
BUSINESS
CONSENT
xx
ITEM DESCRIPTION:
Park Towne Industrial Center, Phase I
Drainage and Utility Improvements
Bid No. 05-SW-01
Proposed Change Order No. 1
BACKGROUND:
The proposed change order is divided into two separate items
to delineate the costs associated with the additional work.
Item #1 - Adding infrastructure (drainage, sanitary sewer and
potable water connection) to an additional lot created by sub-
dividing the property. The cost includes, grubbing and removal
of underbrush to:l: 1.5 acres of Tract k8.
$18,265.24
Item #2 - Represents an adjustment in the bid quantities (at
bid prices) to accommodate actual field conditions.
Approximately 9,000 cubic yards of additional sub'surface rock
was removed during construction of the storm water
management ponds.
A.
B.
C.
D.
E.
Drainage Structure DS-1A
8" Water Lateral with Tap
4" Water Lateral with Tap
Rock
Silt Fence
$ 5,800.00
$ 8,500.00
$ 1,800.00
$17,984.00
$ 3,090.00
TOTAL:
$31,174.00
Total for Items 1 & 2 $49,439.24
Please refer to supporting documentation for a detailed
breakdown.
STAFF RECOMMENDATION: Staff recommends approval of Change Order #1 to the
Park Towne Industrial Center, Phase I Drainage and
Utility Improvement Project Bid No. 05,SW'01 for the
amount of $49,439.24, plus a 32-day time extension to
Prime Construction Group, Inc. the contractor for the
project.
ACTION REQUESTED: A motion to approve Change Order No.1 for the Park Towne
Industrial Center, Phase I Drainage and Utility Improvement
Project, Bid No. 05'SW'Ol, at a net contract increase of
$49,439.24 and including a 32'day time extension to Prime
Construction Group, Inc., and authorizing the Mayor or City
Manager to execute the Change Order on behalf of the City.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO
DATE:
AGENDA ITEM NO.
Respectfully submitted,
'~nT\AA\\ \W~0d~
Departmentbirector
~ ~.
~> . . ~ A .{'oJ i'JC/
Robin Matusick, Paralegal
~c/40
Ken e h R. Hooper
City Manager
C:\My Dociments \ TerrysFiles \A~endaRequest
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* Adjustment as of
Change Order No. l
City of Edgewater - ParkTowne Industrial Center
Phase 1 Drainage Improvements
Bid No. 05-SW-01
(Short title of Change Order)
CHANGE ORDER FORM
CITY OF EDGEWATER
PROJECT:
PARKTOWNE INDUSTRIAL CENTER, PHASE 1,
DRAINAGE AND UTILITY IMPROVEMENTS
BID NO. 05-SW-01
DATE:
CHANGE ORDER NO.
CONTRACTOR:
1
Prime Consulting Group, Inc.
OWNER: CITY OF EDGEWATER, FLORIDA
AGREEMENT DATE:
August 15, 2005
The following changes are hereby made to the CONTRACT DOCUMENTS:
Original CONTRACT PRICE
ORIGINAL CONTRACT TIME:
180 days
Completion Date
$ 1,351,004.00
$ NA
$ 45,112.24
$ 1,396116.24
April 14, 2006
NA
32
212
o
Current CONTRACT PRICE ADJUSTED by previous CHANGE ORDER *
Net (Increase)(Decrease) Resulting from this CHANGE ORDER
The current CONTRACT PRICE including this CHANGE ORDER
Current CONTRACT TIME adjusted by previous CHANGE ORDERS* Date
Net (Increase)(Decrease) Resulting from this CHANGE ORDER Days
Current CONTRACT TIME Including this CHANGE ORDER Date
CHANGES ORDERED:
I. GENERAL
This Change Order is necessary to cover changes in the Work to be performed under this Contract.
The GENERAL CONDITIONS, SUPPLEMENTARY CONDITIONS, SPECIFICATIONS and all
parts of the Project Manual listed in Article 1, DefInitions, of the GENERAL CONDITIONS apply
to and govern all Work under this Change Order.
Change Order No.
o
EW -17
00842-1
(05/02/05)
II. REQUIRED CHANGES
Item # 1 - Change Proposal Summary #1
(.)
For the design of the lots at ParkTowne Industrial Center, it was the intent to provide one drainage,
one sanitary sewer, and two potable water connections for each site. This was done by placing these
features at estimated regular intervals. Upon subdivision and sale of the properties, these "regular
intervals" did not provide one subdivided property with a drainage, sanitary sewer or potable water
connections.
Additionally included is grubbing and removal of underbrush to approximately 1.5 acres of Tract A-
8. This is completed as an exchange with the property owner for his clearing of approximately 3.0
acres for Pond #3. The property owner had cleared the pond site after the bid advertisement and
prior to the receipt of bids from Contractors for this Project. There was an incurred savings to the
City for the Contractor not having to clear this land which was realized in a lower Contract Price
from the Contractor.
Item # 2 - Additional Unit Quantities
Unit quantities are used in construction to estimate for bid the number of a certain item in a
contract. The number of units occasionally needs to be adjusted to accommodate unforeseen
existing field conditions and/or to allow for changes to the Contract. There are three unit quantities
that need to be altered.
A. Storm Manhole w/Type "J" Bottom (Schedule of Bid Items No. 12a.)
B. 8" Water Lateral with Tap (Schedule of Bid Items No. 19c.)
C. 4" Water Lateral with Tap (Schedule of Bid Items No. 19b.)
Items A, B and C relate to Change Order Item #1. There exists a price in the Contract for the
addition of a drainage structure and the utility laterals to serve to the aforementioned property.
These improvements are therefore not included in the pricing for Item # land is adjusted as a
unit quantity. This is a requested change to the Contract.
o
D. Rock Excavation (Schedule of Bid Items No.8.) - The quantity of rock was estimated
based upon soil investigations and past experience with the site. The ponds were
estimated be comprised of 30% rock. Pond #4 exceeded that quantity. This change
accommodates unforeseen existing field conditions.
E. Silt Fencing (Schedule of Bid Items No. 5a.) - Additional silt fencing was required
around stockpiled materials from the ponds to comply with the Florida Department of
Environmental Protection's Stormwater Pollution Prevention Plan. This change
accommodates unforeseen existing field conditions.
III. JUSTIFICATION
Item # 1 - Change Proposal Summary # 1 - See attached Change Proposal Summary for
$18,265.24.
Item # 2 - Additional Unit Quantities
A.
B.
C.
D.
Description
Drainage Structure DS-1 A
8" Water Lateral with Tap
4" Water Lateral with Tap
Rock -
Quantitv
1
1
1
8,992
Unit Unit Price
each $5,800.00
each $2,500.00
each $1,800.00
cubic yards $2.00
Total Price
$ 5,800.00
$ 2,500.00
$ 1,800.00
$17,984.00
EW -17
00842-2 (05/02/05)
o
E. Silt Fence
1.545
linear feet $2.00
TOTAL
$ 3,090.00
$31,174.00
o
IV.
PA YMENT
V. NARRATIVE OF NEGOTIATIONS
VI. APPROVAL AND CHANGE AUTHORIZATION
Acknowledgements:
The aforementioned change, and work affected thereby, is subject to all provisions of the original contract
not specifically changed by this Change Order; and,
It is expressly understood and agreed that the approval of the Change Order shall have no effect on the
original contract other than matters expressly provided herein.
CONTRACTOR acknowledges, by its execution and acceptance of this Change Order, that the
adjustments in Contract Price and Time shown hereon constitute full and complete compensation and
satisfaction for all costs and modifications of performance time incurred by the CONTRACTOR as a
result of this Change Order. No other claim for increased costs of performance or modifications of time
will be granted by the OWNER for the Work covered by this Change Order. The CONTRACTOR
hereby waives and releases any further claims for cost or time against the OWNER arising from or
relating to the matters or Work set forth or contemplated by this Change Order.
Change Order Request by:
City of Edgewater, Florida
o
Change(s) Ordered by:
RECOMMENDED BY:
ACCEPTED BY:
GlEROK ENGINEERING, INC.
En1J .
By, 4JJJ~
Signature
PRIME CONSTRUCT 0
Contractor
By:
Date:
:3 '22. .ab
(k~'deJ-
Date:
Title:
Title:
f{'e,S ,'de-or
APPROVED BY:
City of Edgewater, Florida
Owner
By:
Signature
Date
Change Order No.
END OF SECTION
o
EW-17
00842-3 (05/02/05)
4-" t:"M ......,
"Cierok
Engineering, Inc.
Civil Desi n and Construction Services
;"~''''"'!!1\'ij~!t'''''''~i~,''t'''''~" I
'la,~t~.R1Jrlii;.'~i~1t1J~':i~r,~~'h,i_', .
'11;I<',l ":~i'of'\\!\-:~'''~~ ~ 1 t ..."" '4 ~. ~[> ~~
REQUEST FOR PROPOSAL
FOR PROPOSED CHANGE
(RFP)
NO.
1
PROJECT DATA:
NAME: ParkTowne Industrial Center. Ph. 1 Drainaqe & Utilitv Improvements
LOCATION: EdQewater. Florida
OWNER: City of Edqewater
OTHER:
PROJECT NO.: EW-17C P. 2
DATE: 12.08.05
DRAWING NO.: C-4. C-10
SPEC. SECTION:
Please provide the undersigned a proposal for the following change in the work within twenty-one (21) calendar days after receipt of this request. The
written proposal must clearly delineate the scope of the proposed change in the work providing an itemized estimate of the time and all material and
labor (by trade), subcontract and overhead costs and fees. Any amount claimed for subcontracts must be similarly supported.
DES C RIP T ION of change in work:
Please find attached two modified drawinas (Sheets C-4 and C-10). The proposed chanaes
include 1) addina Drainaae Structure D-1A (see drawinas for location and data) 2) addina one
a-inch water main lateral with tap (see drawinas) and 3) addina one 6-inch sanitary sewer lateral
connection with a roadway open-cut (see drawinas).
Change Order Type:
"V Deletion
'Y Addition
"V Revision
"V Other: (
Constraints of Change:
This chanae involves work that needs to be coordinated with work to be completed within the next
two to three weeks. We are requestina a timely response to avoid delays.
"V Unforeseen Conditions
AT T A C H MEN T S (Listing of attached documents that slipport description):
1. Revised DrawinQ Sheet C-4
2. Revised Drawina Sheet C-10
3.
4.
5.
6.
"V OWNER: Terrv Wadsworth, City of Edqewater "V CONTRACTOR: Elizabeth Rav. Prime Construction Group
"V ENGINEER: Kathleen N. Gierok. Gierok Enaineerina. Inc. "V FIELD:
"V ARCHITECT: "V OTHER:
F-00847
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; IIGierok CHANGE
PROPOSAL
SUMMARY
Engineering, Inc. No.: 514-0 1
( --;:,vil Design and Construction Services 1835 Edgewater Drive Orlando, Florida 32804
.,
PRO J E C T D A T A:
Name: Parktowne Industrial Center Phase I Drainage & Utility Improvement PROJECT NO.: 05-SW-Ol
Location: Parktowne Industrial Center DATE: 03/13/06
Owner: City of Edgewater DRA WING NO.: C-4 & C-ID
Other:
SPEC. SECTION: 4.03
REF ERE NeE:
RFP No.: I Work Directive No.: Field Order No.: Other:
DESCRIPTION: Installation of sanitary lateral and connection to Main and restore asphalt pavement & curb.. removal of underbrush in Pond #4
Additional drainage structure D-I A added.
PRICING INFORMATION Skillrrrade Man-Hours Rate Cost
1. DIRECT LABOR
LA Product Labor: See Attached Documentation
(~
r..I
I.B. Supervision: 0 Foreman 0 Superintendent
I.C. Field Engineering:
1.0. Expenses:
SUBTOTAL (I)
2. MATERIALS AND EQUIPMENT Description Quantity Unit Price Cost
2.A. IncOlporated in Work: See Attached Documentation
2.B. Consumed in Perfonnance:
2.C. Equipment:
2.0. Direct Costs:
2.E. Bonds, Insurance:
SUBTOTAL (2)
DISTRIBUTION
( OWNER: o CONTRACTOR: PROJECT
o ENGINEER: o FIELD: NO.: 05-SW-OI
o ARCHITECT: o OTHER: DATE: 3/13/06
F-00865
Page I of2
3. SUBCONTRACTORS Name Description Of Work Cost
3.A. Direct: See Attached Documentation ( -
-
3. B. Lower Tier:
SUBTOTAL (3)
4. CONSULTANTS Name Description Of Work Cost
SUBTOTAL (4)
5. FEE STRUCTURE Description Cost Percent Fee
A. Contractor
I. Direct Labor:
2. Material and Equipment: ~...
B. Subcontractors: I. \..)
2.
3.
SUBTOTAL (5)
TOTAL COST OF THIS CHANGE. PROPOSAL (All deductions shown in parentheses): TOTAL
EXTENSION OF CONTRACT TIME
As part ofthis Change Proposal, the Contractor requests an extension of Contract Time of 32 days.
Justification: This time extension is requested as partial compensation the install the D-l A structure.
RECORD DOCUMENTS
As part of this Change Propo~al, the>ntractor shall provide applicable record drawing information affected by this change.
Sign'" ~.11L ~J
Title: Pro(ect Manager Date: 03/13/06
Contractor: Prime Construction GrouP. Inc.
RECOMMEDATION BY ENGINEER
Signature of Engineer: Date: C
F-00865
Page 2 of2
PRIME CONSTRUCTION GROUP, INC.
~OOO Jetstream Drive, Orlando, FL 32824
P.O. Box 590507, Orlando, FL 32859-0507 (Mailing Address)
407-856-8180 Phone 407-856-8182 Fax
LETTER OF TRANSMITTAL
1835 Edgewater Drive
DATE JOB NO.
17 -Jan-06 514
ATTENTION:
Ms. Kathleen Gierok
REFERENCE:
CITY OF EDGEWATER
PARKTOWNE IND. CTR. PHASE I DRAINAGE
& UTILITY IMPROVEMENTS
CONTRACT #05-SW-01
o
TO: Gierok Engineering, Inc.
Orlando, FL 32804
WE ARE SENDING YOU:
_x_ Change Order
Purchase Orders
Prints
Submittals
Plans
_ Pay Application
Subcontracts
_ Specifications
COPIES DATE NO. DESCRIPTION
1 17-0ct-06 514 Change Order Proposal #1
-...
.J
THESE ARE TRANSMITTED as checked below:
_x_ For approval _ Approved as submitted
_ For your use _ Approved as noted
_ As requested Returned for corrections
For review & comment
FOR BIDS DUE 19_
_ Resubmit _ copies for approval
_ Submit _ copies for distribution
Return submittals
RETURNED PRINTS LOANED TO US
REMARKS P~f'05A-L- oa:::s /JoT l~c..t.UDE DISPoSAL Of= I-fA;ZAtWa..6 et==JS,fUS. 4-tJ.y
t--1/4-TI?---e...I4-L- WI LL BlE. PI L-E-o eN. S rr-E. 'FO~ DS PC6A-L By on+~S,~
* OR- AT AODl11ot-lA.L C~E
QpYTO:
SIGNED:
&vt&" M. gW{, gUJt(J.
Change Order Proposal
Change Request No.: 514.01 Date: 13-Dec-05
Owner Reference: .
Description: Additional Drainage Structure D.1A &
Laterals ,
Crew Size Quantltv Unit Unit Price Extension ( "'
PCG labor with Burden -
1 Install Sanitary lateral & Connection to Main & Foreman, Pipe 1 2 days $400.00 $800.00
Restore Asphalt Pavement & Curb Laborer, semiskilled 3 2 days $726.00 $1,452.00
Operator, Track Excavator 1 2 days $352.00 $704.00
Operator, Loader 1 2 days $286.00 $572.00
PCG Labor Subtotal $3,528.00
peG labor Markup 15.00% $529.20
Materials
1 Rerock Base 1 Is $323.00 $323.00
2 Asphalt & Concrete Curb 1 Is $895.00 $895.00
3 Pipe & FIttings 1 Is $233.44 $233.44
4 ERCP 36" x 60" 8 If $96.60 $772.80
5 48" RCP Credit -8 If $73.18 ($585.44)
Material Subtotal $1,638.80
Material Tax 6.50% $106.52
Material Markup 15.00% $261.r )
Equipment and Other Rentals . -\...
1 Pickup Truck Pickup Truck & Cell Phone 2 day $50.00 $100.00
2 Excavator, PC 300 Excavator, PC 300 2 day $795.00 $1,590.00
3 Excavator, PC 220 Excavator, PC 220 2 day $970.00 $1,940.00
4 Loader, JD 644 Loader, JD 644 - 4 CY . 2 day $1,090.00 $2,180.00
5
Rental Subtotal $5,810.00
Rental Tax 6.50% $377.65
Rental Markup 15.00% $928.15
Subcontracts
1 Remove Underbrush in Pond #4 1 Is $900.00 $900.00
2 Haul Debris to Landfill (3hr round trip) 6 Id $189.00 $1,134.00
3 Dump Fees 6 Id $250.00 $1,500.00
Subcontractor SUbtotal $3,534.00
Subcontractor MarkuD 15.00% $530.10
Change Order Subtotal $17,244.22
Dally Jobslte Overhead 2.00 Days $159.00 $318.00
Small Tool Allowance 2.00% $17,244.22 $344.88
$17,907.10
Bond Amount 2.00% $358.14
Change Order Grandtotal $18,265.24
1'.......
Additional Contract TIme requested 2 Days '.-
The Items listed above are for clarification only. This Is a Lump Sum proposal. This estimate Is valid for 30 days.
F:"'-'~ '~---rt.Jobol51< _Industri~ Clr. Ph... 11060051 Mana"""'"n:<:haMe O_..51~1 Al>J [)'1A 12\.lIlSIChaMe She..
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PRIME CONSTRUCTION GROUP, INC.
CGC037504 CUC056650 QB33325
407-856.8180 PH
407-856-8182 FX
1000 Jetstream Drive, Orlando, FL 32824
P.O. Box 590507, Orlando, FL 32859-0507 (Mailing Address)
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January 31, 2006
Gierok Engineering, Inc.
Attn: Katie Gierok, P.E. - EOR
1835 Edgewater Drive
Orlando, Florida 32804
RECEIVED
FEB 0 1 2006
Gierok Engineering, Inc.
RE: Excessive Rock - Pond #4
Dear Katie:
In accordance to Specification Section 4.03 - Differing Subsurface. of Physical Conditions, by this letter
Prime Construction Group, Inc. is providing notice that excessive rock has been located within the pond
limits and requires excavation during construction of Ponds #3 and #4. As you are aware from previous
site visits, photos, and our phone conversations, PCG encountered rock during excavation of Ponds #3
and #4. The rock in Pond #3 was located in approximately 20% of the pond, and was approximately two
feet thick. However, the rock encountered in Pond #4 appears to be in excess of seven feet thick, and
seems to cover more than 70% of the pond surface area.
PCG could not have anticipated the additional volume of the rock in Pond #4 during the time of bid either
from the bid quantity or the soil boring log, and may seek a unit price increase as a result of the additional
costs required to perform the excavation of this material. We are currently determining the volume of rock
within the ponds, and will forward that information as soon as it is available. If you have any questions,
please call me.
o Sincerely,
p~ons~ction Group, Inc.
iA=~ ~?l4; /~/
EI~~th Ray /'
Pro' ct Manager
ERler
Cc: Earl Leiffer & Sons Excavating
514 file
_ ~.. .-J1 1!: 4-
\ 5, +00 C - '-{. "\U'LU.
(, . r; ide ep crv-e.r elA.-+i re.. p~
f f' t c:>V'-er ~I'€- ~~. Al ~3
2. ~ ee t-"'-'~
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PRIME CONSTRUCTION GROUP, INC~
CGC037504 CUC056650 QB33325
407-856-8180 PH
407-856-8182 FX
1000 Jetstream Drive, Orlando, FL 32824
P.O. Box 590507, Orlando, FL 32859-0507 (Mailing Address)
March 13, 2006
RECEIVED
MAR , 5 2006
Gierok Engineering, Inc.
Attn: Katie Gierok, P.E. - EOR
1835 Edgewater Drive
Orlando, Florida 32804
Gierok Engineering, Inc.
RE: Request for Time Extension
Dear Katie:
As" a follow up to my letter dated January 14, 2006" regarding excessive rock excavation, Prime
Construction Group, Inc. requests a time extension of 30 calendar days to complete the remaining
contract work. If you have any questions, please call me.
Sincerely,
~'l e Constructi~n Group, Inc.
;~/Z
. ~tzth Ray Y
roj;bt Manager
E"Rler
Cc:
514 file
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JOB PAf-tt-TO\"lNf:: IN.D\)'.::>T~AL,... ~
Prime Construction Group, Inc.
1000 Jetstream Drive
Orlando, FL 32824
(407) 856-8180 · Fax (407) 856-8182
SHEET NO.
OF
e;, AA'i
DATE
z./z.z./oc.,
CALC UTA TED BY
CHECKED BY
DATE
SCALE
~olJ.~
Katie Gierok
From: Elizabeth Ray [Eray@pcginc.org]
Sent: Monday, March 13, 2006 3:44 PM
To: Katie Gierok
Cc: Corliss Fur Furo
Subject: RE: Parktowne Industrial Center - Silt Fence Overrun
Katie,
The following is a list of the silt fence installations from our subcontractor's invoice:
1/16/2006
1/13/2006
1/13/2006
10/31/2005
12/13/2005
2/27/2006
362 If
578ff
366 If (hand buried)
2000 If
750 If
1 000 If
Total 5056 If installed to date
Elizabeth E. Ray, Project Manager
Prime Construction Group, Inc.
Telephone 407-856-8180, Ext.245
Fax 407-856-8182
Email erav@oclrinc.oT2
3/13/2006
.J. "'5"" .J. Vol 1
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AGENDA REQUEST
Date: March 23. 2006
PUBLIC
HEARING
ORDINANCE
RESOLUTION
BOARD
APPOINTMENT
OTHER
BUSINESS April 3, 2006
CONSENT
ITEM DESCRIPTION:
Acceptance of a Federal Hazard Mitigation Grant Project 1545-33-R to purchase two (2)
properties that have received repeated damage from floods.
BACKGROUND:
The City has recently been awarded a matching federal grant that will allow for the acquisition
and demolition of two (2) private residential structures that have received repeated damage from
localized floods. The properties are located at 135 Wildwood Ave. and 120 W. Pine BluffSt. and
the owners have agreed to sell. Once the structures are demolished, the property will be required
to remain "green space" and will be utilized as a storm water retention area to alleviate any
additional flooding in the area.
The estimated cost of the project is $233,195 with a federal funding commitment to the project of
$165,515.
STAFF RECOMMENDATION:
Staff recommends that the City Council authorize the Mayor to execute contract to accept the
Federal Hazard Mitigation Grant Project 1545-33-R and for the Mayor or City Manager to
execute purchasing contract for the associated properties located at 135 Wildwood Ave. and 120
W. Pine Bluff. St.
ACTION REQUESTED:
Motion to authorize the Mayor to execute contract for Federal Hazard Mitigation Grant Project
1545-33-R and for the Mayor or City Manager to execute purchasing contract for the associated
properties located at 135 Wildwood Ave. and 120 W. Pine Bluff. St.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) None
PREVIOUS AGENDA ITEM:
DATE:
YES NO
AGENDA ITEM NO.
x
Respectfully submitted,
~~J\
Robin L. Matusick, Paralegal \
Kenneth R. Hooper, City
ESTIMATED BUDGET FOR HMGP GRANT
Project # 1545-33- R
Purchase of Repetitive Flood Loss Property
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125 Wildwood Ave 120 W. Pine Bluff
Ti tIe Search $150.00 $150.00
Acquisition $95,000.00 $124,095.00
Closing $2,000.00 $2,000.00
Asbestos Inspection $450.00 $450.00
Demolition $4,600.00 $4,300.00
TOTAL $102,200.00 $130,995.00 $233,195.00
Federal Share $71,847.50 $93,667.50 $165,515.00
City Share $30,352.50 $37,327.50 $67,680.00
TOTAL PROJECT COST
$233,195.00
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JEB BUSH
Governor
THADDEUS L. COHEN, AlA
} Secretary
March 2, 2006
Mr. Tracey Barlow, Fire Chief
City of Edgewater
1605 South Ridgewood Avenue
Edgewater, Florida 33132
Re: FEMA Project 1545-33-R
City of Edgewater Acquisition and Demolition Project
Dear Chief Barlow:
The Department of Community Affairs (DCA) is pleased to inform you that the Federal
Emergency Management Agency has approved the obligation of Hazard Mitigation Grant
Program funds for the project number(s) listed above. Please note that this is an eligible cost-
reimbursement contract, and as such, the recipient must make other funding arrangements to
complete this project. However, the recipient may submit periodic requests for payment
throughout the project process, consistent with the terms of the contract.
Enclosed are four copies of the proposed contract between the City of Edgewater and
DCA. The official representative, as listed below, will need to sign the signature page (page 18)
and the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
form (Page 36). All four (4) copies ofthe contract should then be sent to the address listed
below for full execution no later than ninety (90) days after receipt of this letter for final
execution. One fully executed contract will be returned to the City of Edgewater for its files.
Official Representatives:
County:
City:
Indian Tribe:
Water Management District:
Non-Profit:
Chairman of the Board of Commissioners
Mayor
. Chief or President
Chairman
Chairman of the Board
2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet address: http://www.dca.state.fl.us
CRITICAL STATE CONCERN FIELD OFFICE
2796 Overseas Highway, Surte 212
Marathon, FL 33050-2227
{~n'a ")"0_ ')An..,
COMMUNITY PLANNING
2555 Shumard Oak Boulevard
Tallahassee. FL 32399-2100
,........., 4..... ......._
EMERGENCY MANAGEMENT
2555 Shumard Oak Boulevard
Tallahassee, FL 32399.2100
.. -_. .. - . ~ --
HOUSING & COMMUNITY DEVELOPMENT
2555 Shumard Oak Boulevard
Tallahassee, FL 32399.2100
Mr. Tracey Barlow
March 2, 2006
Page Two
,
;
If there is an official that is not listed above who is authorized to sign the contracts for
your organization, please provide a copy of the organization's resolution or charter that
specifically identifies the person or position that is authorized to sign.
If you have questions regarding this contract or who is authorized to sign it, please call
Susan Jones at 703-463-1492.
Respectfully,
/-;
/\,~ l-::~L_<?2?/
L/\~^ ~
W. Craig Fu6te, Director
Division of Emergency Management
WCF:sj/r
Enclosures
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Contract Number: 06HM-4@-06-74-02-032
CFDA Number: 97.039
FEDERALLY FUNDED SUBGRANT AGREEMENT
THIS ~GREEMENT is entered into by and between the State of Florida, Departrf,rnt of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and the City of Edgewater, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified herein; and
B. WHEREAS, the Department has received these grant funds from the State of Florida, and has
the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth;
and
C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under
this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment Aof this Agreement.
(2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES
Both the Recipient and the Department shall be governed by applicable State and
Federa/laws, rules and regulations, including but not limited to those identified in Attachment B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties and shall ~nd June 30, 2008,
unless terminated earlier in accordance with the provisions of Paragraph (12) of thIs Agreement.
(4)
MODIFICATION OF CONTRACT
.\
"
\.
Either party may request modification of the provisions of this Agreement. Changes
which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
(5)
RECORD KEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
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federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
- ,
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Federal Register 8034) or OMS Circular No. A~110, "Grants and Agreements with Instituti6ns of High
Education, Hospitals, and Other Nonprofit Organizations," and eitherOMB Circular No. A-8?, "Cost
Principles for State and Local Governments," OMS Circular No. A-21 , "Cost Principles for Educational
Institutions," or OMS Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement
is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be
. .
subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds
provided under this Agreement, for a period of five years .from the date the audit report is issued, and
shall allow the Department or its designee, Chief Financial Officer, or Auditor General access to such
records upon request. The Recipient shall ensure that audit working papers are made available to the
Department or its designee, C/;lief Financial Officer, or Auditor General upon request for a period of five
years from the date the audit report is issued, unless extended in writing by the Department, with the
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following exceptions:
1. If any litigation, claim or audit is started before the expiration of the five year
period and extends beyond the five year period, the records will be maintained until all litigation, claims or
audit findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at
$5,000 or more at the time of acquisition shall be retained for five years after final disposition.
3. Records relating to real property acquisition shall be r~tai~ed for five years
after closing of title. -
\
(c) The Recipient shall maintain all records for the Recipient and for all s~contractors or
consultants to be paid from funds provided under this Agreement, including supporting documentation of
all program costs, in a form sufficient to determine compliance with the requirements and objectives of the
Budget and Scope of Work - Attachment A - and all other applicable laws and regulations.
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(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Department, its employees, and agents. "Reasonable" shall be construed accordjng to the
,
circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:ob p.m., local
time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Department.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined
in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in
Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in
. accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement
indicates Federal resources awarded through the Department by this Agreement. In determining the.
Federal awards expended in its fiscal year, the Recipient shall consider all sources 0'( Federal awards,
including Federal resources received from the Department. The determination of amo'un~s of Federal
. \
awards expended should be in accordance with the guidelines established by OMS Circul~r A-133, as
revised. An audit of the Recipient conducted by the Auditor General in accordance with theprovisions of
OMS Circular A-133, as revised, will meet the requirements of this paragraph.
3
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular
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A-133, as revised.
1
If the Recipient expends less than $500,000 iri Federal awards in its fiscal year, ~n audit
conducted in accordance with the.provisions of OMB Circular A-133, as revised, is not required. In the
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to
have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of
the audit must be paid from non-Federal resources (Le., the cost of such audit must be paid from
Recipient resources obtained from other than Federal entities).
(e) Copies of reporting packages for audits conducted in accordance with OMB Circular
A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section
.320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directlv to each of the following:
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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and
Department of Community Affairs
Bureauof Recovery and Mitigation
2555 'Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133; as revised (the number of copies
required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse'
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
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Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and'(f), OMB
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Circular A-133, as revised.
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(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall
submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised,
and any management letter issued by the auditor, to the Department at each of the follo1wing addresses:
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Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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and
Department of Community Affairs
Bureau .of Recovery and Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) Any reports, management letter, or other information required to be submitted to the
Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133,
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable.
(h) Recipients, when submitting financial reporting packages to the Department for
audits done in accordance with, OMB Circular A-133 or Chapters 10.550 (local governmental entities) or
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10.650 (nonprofit and for-profit 'organizations), Rules of the Auditor General, should indicate the date that
the reporting package was delivered to the Recipient in correspondence accompanying the reporting
package.
(i) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held
liable for reimbursement to the Department of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department has notified the
Recipient of such non-compliance.
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0) The Recipient shall have all audits completed by an independent certified public
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accountant (IPA) who shall either be a certified public accountant or a public accountant I\censed under
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Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted
above. The audit must be submitted to the Department no later than seven (7) months from the end of
the Recipient's fiscal year.
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(7) REPORTS
(a) At a minimum, the Recipient shall provide the Department with quarterly reports, and
with a close-out report. These reports shall include the current status and progress by the Recipient and
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all subrecipients and subcontractors in completing the work described in the Scope of W drk and the
expenditure of funds under this Agreement, in addition to such other information as requested by the
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Department.
(b) Quarterly reports are due to be received by the Department no later than 30 days
. after the end of each quarter of the program year and shall continue to be submitted each quarter until
submission of the administrative close-out report. The ending dates for each quarter of the program year
are March 30, June 3D, September 30 and December 31.
(c) The close-out report is due 60 days after termination of this Agreement or upon
completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies, prescribed above, are not sent to the Department or
are not completed in a manner acceptable to the Department, the Department may withhold further
. payments until they are completed or may take such other action as set forth in Paragraph (11)
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REMEDIES. "Acceptable to the Department" means that the work product was completed in accordance
with the Budget and Scope of Work.
(e) The Recipient shall provide such additional program updates or information as may
be required by the Department.
(f) The Recipient shall provide additional reports and information as identified in
Attachment F.
(8) MONITORING.
subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to
The Recipient shall monitor its performance under this Agreement, as well as. that of its
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ensure that time schedules are met, the Budget and Scope of Work is accomplished withi~ the specified
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time periods, and other performance goals stated in this Agreement are achieved. Such review shall be
made for each function or activity set forth in Attachment A to this Agreement, and reported in the
quarterly report.
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In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and
Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above ), monitoring procedures
. may include, but not be limited to, on-site visits by Department staff, limited scope audit~ as defined by
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OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreemeht, the Recipient
agrees to comply and cooperate with. all monitoring procedures/processes deemed appropriate by the
Department. In the event that the Department determines that a limited scope audit of the Recipient is
appropriate, the Recipient agrees to comply with any additional instructions provided by the Department
to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General.
In addition, the Department will monitor the perfo.rmance and financial management by the Recipient
throughout the contract term to ensure timely completion of all tasks.
(9) LIABILITY
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(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the. terms
of this agreement, and shall hold the Department harmless against all claims of whatever nature by third
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parties arising out of the performance of work under this agreement. For purposes of this agreement,
Recipient agrees that it is not an employee or agent of the Department, but is. an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its
negligent acts or omissions or tortious acts which result in claims or suits against the Department, and
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agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is
intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity
applies. Nothing herein shall be construed as consent by a state agency or SUbdivisl9n of the State of
Florida to be sued by third parties in any matter arising out of any contract.
(1 0) DEFAULT.
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without thereby waiving the right to exercise such remedies, and without becoming liable to make any
further payment:
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(a) If any warranty or representation made by the Recipient in this Agreement or any
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previous Agreement with the Department shall at any time be false or misleading in any respect, or if the
Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in
this Agreement or any previous agreement with the Department and has not cured such in timely fashion,
or is unable or unwilling to meet its obligations thereunder;
(b) If any material adverse change shall occur in the financial condition of the Recipient
at any time during the term of this Agreement, and the Recipient fails to cure said material adverse
change within ~hirty (30) days from the time the date written notice is sent by the Department.
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(c) If any reports required by this Agreement have not been submitted to the Department
or have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of its
obligations under this Agreement.
(11) REMEDIES.
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Upon the happening of an Event of Default, then the Department may, at its option, upon
thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure . to cure
within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently
or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty (30)
days prior written notice of such termination. The notice shall be effective when pla.ced in the United
States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to
the address setforth in paragraph (13) herein;
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(b) Commence an appropriate legal or equitable action to enforce perfor,nance of this
Agreement;
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(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Exercise any corrective or remedial actions, to include but not be limited to:
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.1. requesting additiona/information from the Recipient to determine the reasons '-I
for or the extent of non-compliance or lack of performance,
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2. issuing a written warning to advise that more serious measures may be taken
if the situation is not corrected,
3. advising the Recipient to suspend, discontinue or refrain frorJ? incurring costs
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for any activities in question or
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4. requiring the Recipient to reimburse the Department for the amount of costs
incurred for any items determined to be ineligible;
(e) Require that the Recipient return to the Department any funds which were used for
ineligible purposes under the program laws, rules and regulations governing the use of funds under this
program.
(f) Exercise any other rights or remedies which may be otherwise available under
law.
(g) The pursuit of anyone of the above remedies shall not preclude the Department from
pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the
Department of any right or remedy granted hereunder or failure to insist on strict performance by the
Recipient shall affect or extend,or act as a waiver of any other right or remedy of the Department
hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any
further or subsequent default by the Recipient.
(12) TERMINATION.
(a) The Department may terminate this Agreement for cause upon such written notice as
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is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of compliance with applicable rules, laws and regulations; failure to perform ina timely manner; and
refusal by the Recipient to permit public access to any document, paper, letter, or other material subject
to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Department may terminate this Agreement when it determines, ;in its sole
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discretion, that the continuation of the Agreement would not produce beneficial results colflmensurate
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with the further expenditure of funds, by providing.the Recipient with thirty (30) calendar days prior written
notice.
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(c) The parties may agree to terminate this Agreement for their mutual convenience as
evidenced by written amendment of this Agreement. The amendment shall establish the effective date of
the termination and the procedures for proper closeout of the Agreement. .
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(d) In the event that this Agreement is terminated, the Recipient will not iMcur new
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obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible: Costs incurred after
the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the
Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the
Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient
for purpose of set-off until such time as the exact amount of damages due the Department from the
Recipient is determined.
(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative identified below
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at the address set forth below and said notification attached to the original of this Agreement.
(b) The name'al)d address of the Department contract manager for this Agreement is:
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Ms. Kathleen Marshall, Planning Manager
Bureau of Recovery and Mitigation
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Telephone: (850) 922-5944
Fax: (850) 922-1259
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is: .
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(d) In the event that different representatives or addresses are designated by either party
Mr. Tracey Barlow, Fire Chief
City of Edgewater
1605 South Ridgewood Avenue
Edgewater, Florida 32132
Telephone: 386-424-2445
Fax: 386-424-2450
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after execution of this Agreement, notice of the name, title and address of the new representative
will be rendered as provided in (13)(a) above.
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(14) SUBCONTRACTS
If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the
fully executed subcontract must be forwarded to the Department within ten (10) days of ;execution. The
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Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the te!rms of this.
Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and
(iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever
. nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed
and required by law.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to
the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments:
. Exhibit 1 - Funding Sources
Attachment A - Budget and Scope of Work
Attachment B - Program Statutes and Regulations
Attachment C - Statement of-Assurances
AttachmentD - Request for Reimbursement
Attachment E - Justification of Advance
Attachment F - Quarterly Report Form
Attachment G - Copyright, Patent, and Trademark
Attachment H - Warranties and Representations
Attachment I - Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
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(17) FUNDING/CONSIDERATION
(a) This.is a cost-reimbursement Agreement. The Recipient shall be reimbursed for
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costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $170,929.00
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subject to the availability of fu~ds. All requests for reimbursement of administrative costsJmust be
accompanied by the back-up documentation evidencing all such administrative costs.
(b) Any advance payment under this Agreement is subject to Section 216.181 (16),
Fla.Stat.. and is contingent upon the Recipient's acceptance of the rights of the Department under
Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the
expected cash needs of the Recipient within the first three (3) nlOnths of the contract term. For a
federally funde,d contract, any advance payment Is also subject to federal OMB Circulars A-S7, A~11 0, A-
122 and the Cash Management Improvement Act of 1990. If an advance payment Is requested, the
budget data on which the request is based and a justification statement shall be included in this
Agreement as .Attachment E. Attachment E will specify the amount of advance payment needed and
provide an explanation of the necessity for and proposed use of these funds.
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. No advance payment is requested. V
An advance payment of $ is requested.
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(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by Congress,
the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, all
obligations on the part of the Department to make any further payment of funds hereunder shall
terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from
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(18)
REPAYMENTS
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All refunds or repayments to be made to the Department under this Agreement are to be made
payable to the order of "Department of Community Affairs", and mailed directly to the Department at the
following address:
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Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
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In accordance with Section215.34(2), Fla. Stat., if a check or other draft is returned to theJDepartment for
collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars
($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater.
(19) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods
and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue
the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant
to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may
receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State
Comptroller's Hotline at 1-800-B48~3792.
(20) STANDARD CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any subsequent submission or response to Department request, or in any submission or response to fulfill
the requirements of this Agreement, and such information, representations, and materials are
incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of
the Department and with thirty (30) days written notice to the Recipient, cause the termination of this
Agreement and the release of the Department from all its obligations to the Recipienti
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(b) This Agreement shall be construed under the laws of the State of Flqrida, and venue
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for any actions arising out of this Agreement shall lie in Leon County. If any provision her,of is in conflict
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with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed
null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any
other provision of this Agreement.
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(c) Any power of approval or disapproval granted to the Department under the terms of
this Agreement shall survive the terms and life of this Agreement as a whole.
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(d) The Agreement may be executed in any number of counterparts, anyone of which
may be taken as an original.
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. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
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101-336,42 U.S.C. Section 12101 et sea.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract
to provide any goods or services to a public entity, may not submit a bid on. a contract with a public entity
for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with a public entity, and may not transact business with any public entity in
excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor U
list or on the discriminatory vendor list.
(g) An entity or affiliate who has been placed on the discriminatory vendor list may not
submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not award or perform work as a contractor,
supplier, subcontractor, or consultant under contract with any public entity, and may not transact business
with any public entity.
(h) With respect to any Recipient which is not a local government or. state agency, and
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which receives funds under this Agreement from the federal government, by signing this, Agreement, the
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Recipient certifies, to the best of its knowledge and belief, that it and its principals: \
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1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. Have not, within a five-year period preceding this proposal been convicted of (j
or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection
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U with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract
under public transaction; violation of federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or r,eceiving stolen
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property;
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3. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
20(h)2. of this certification; and.
4. Have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
Where the Recipient is unable to certify to any of the statements in this certification, such
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Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall submit to the Department (by em ail or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion';
(Attachment I) for each prospective subcontractor which Recipient intends to fund under this Agreement.
Such form must be received by the Department prior to the Recipient entering into a contract with any
prospective subcontractor.
(i) The State of Florida's performance and obligation to pay .under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
U) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(k) If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with Section 112.061, Fla. Stat.
. (I) The Department of Community Affairs reserves the right to unilaterally cancel this
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Agreement for refusal by the Recipient to allow public access to all documents, papers, le~ters or other
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material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in
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conjunction with this Agreement.
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(m) If the Recipient is allowed to temporarily invest any advances of funds under this
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Agreement, any interest income shall either be returned to the Department or be applied against the
Department's obligation to pay the contract amount. .
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(n) The State of Florida will not intentionally award publicly-funded contr~cts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
(UlNA")]. The Department shall consider the employment by any contractor of unauthorized aliens a
violation of Section 27 4A( e) of the INA.Such violation by the Recipient of the employmer:1t provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Departmen,t.
(21) LOBBYING PROHIBITION
(a) No funds or other resources received from the Department in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official action by
the Florida Legislature or any state agency.
(b) The Recipi,ent certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
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of the undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
C9ntinuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
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2. If any funds other than Federal appropriated funds have been,;paid or will be
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paid to any person for influencing or attempting to influence an officer or employee of any .,gency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
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connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its <...)
instructions.
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3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
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disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(22) COPYRIGHT. PATENT AND TRADEMARK
The Recipient shall comply with Copyright, Patent and Trademark incorporated as
Attachment G.
(23) LEGAL AUTHORIZATION
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be proviped under this Agreement and that, if applicable, its governing body has
authorized, by resolution or otherwise, the ex~cution and acceptance of this Agreement with all covenants
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the tenns of this Agreement.
(24) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment C.
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IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
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undersigned officials as duly authorized.
Recioient: CITY OF EDGEWATER
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BY:
Name and title:
Date:
FID#
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
Name and Title: W. Craig Fugate, Director, Division of Emergency Management
Date:
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EXHIBIT - 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOllOWING:
Federal Program: Federal Emergency Management Agency
Catalog of Federal Domestic Assistance Number: 97.039
Amount of Federal Funding: $170,929.00
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COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Only the services described within the attached Agreement and Attachment A are eligible
expenditures for the funds awarded.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
Not. Applicable
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Not Applicable
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
. Not Applicable
COMPLIANCE REQUIREMEN:rS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS F,OLLOWS:
Not Applicable
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida
Statutes, require that the Information about Federal Programs and State Projects Included In
Exhibit 1 be provided to the recipient.
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Attachment A
Budget and Scope of Work
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As a Hazard Mitigation Grant Program project, the Recipient, the City of Edgewater, will a9~uire and
demolish two (2) private residential structures as listed below: t
Clark, Charles W.
135 Wildwood Avenue
Edgewater, Florida 32132
Acquisition Total: $96,066.00
Wood-Robinson, Maggie
120 West Pine Bluff
Edgewater, Florida 32132
Acquisition Total: $124,620.00
The structures suffer repeated damage from floods. All associated debris will be removed to clear sites.
The land will be converted to open space and each deed restricted as set forth in the Federal Emergency
Management Agency program requirements concerning the acquisition of property for open space (44
C.F.R. 206.434 (e)). Proof of a restriction imposed on each deed, to remain open space in perpetuity is
required for closeout.
This is FEMA project 1545-33-R, funded under 1545-DR-FL.
The Period of Performance for this project ends on June 30, 2008.
Schedule of Work
Negotiate with the State:
Negotiate and Contract with Property Owners:
Receive City Approval and Close on Purchase:
Demolition Permits:
'Disconnect Utilities, Demolition and Debris Removal:
Site Improvements (sod):
Close Project:
State Contracting
State Final Inspection:
State Closeout Process:
Total Period of Performance:
3 Months
4 Months
2 Months
2 Months
3 Months
2 Months
2 Months
6 Months
3 Months
3 Months
30 Months
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Line Item BudQet*
Project Cost Federal Share Local Share
Acquisition: $210,976.00 $158,232.00 $52,744.00
Demolition: $ 9,260.00 $ 6,945.00 $ 2,315.00
Appraisal: $ 450.00 $ 112.00
Sub-Total: $220,686.00 $55,171.00
Administrative Cost: $ 0.00 $ 0.00
Totell: $220,686.00 $~9.00.-7 5,171.00,
"Any line item amount in this Budget may be increased or decreased 10% or less Wttho'ut an amendment
to this Agreement being required, so long as the overall amount of the funds obligated under this
Agreement is not increased. \
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Fundina Summary
Federal Share:
Local Share:
Total Project Cost:
$165,515.00 (75%)
$ 55.171.00 (25%)
$220,686.00 (100%)
u
Recipient Administrative Allowance up to $5,414.00.
20
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''';:-''-
12/1712005
10:51
FEDERAL EMERGENCY MANAGEMENT AGENCY
. .
HAZARD MITIGATION GRANTS PROGRAM
Obligation Report wI Signatures
HMGP-OB-02
Uisaster FEMA
No Project No
1545 33-R
Amendment State
No Application 10
o 78
Action Supplemental
No No State
32FL Statewide
Project Title: City of Edgewater, Clark. & Wood Properyies, Acquisition & Demolitic
I
,
Grantee
subgrantee: Edgewater
subgrantee FIPS Code: 127.19825
$165,515
Total Amount Total Amount Total Amount Available
Previously Obligated Pending Obligation for New Obligation
$165,515 $0 $0
Grantee Admin Est Subgrantee Admin Est Total Obligation IFMIS Date IFMIS Status FY
$1,710 $5,414 $172,639 12/17/2005 Accept 2006
Total Amount
Previously Allocated
$165,515
Project Amount
Comments
Date:
12/1712005
User Id: VEVANS1
Comment MA has approved obligation
C)
Date:
12/1712005
User Id: VCOONS
Comment: hmo approves
A.uthorlzatlon
Preparer Name: VICTOR EVANS
Preparation Date: 12/1712005
HMO Authorization Date: 12/1712005
HMO Authorization Name: VIRGINIA COONS
. "
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Slidinc Scale Percentaoe:
up to $100,000 = 3.00%
up to $1,000,000 = 2.00%
up to $5,000,000.00 = 1.00%
Excess = 0.50%
12/1712005
10:51
FEDERAL EMERGENCY MANAGEMENT AGENCY.
HAZARD MITIGATION GRANTS PROGRAM
Obligation Report wI Signatures
Disaster FEMA Amendment State Action Supplemental
No Project No No Application 10 No No State
1545 33 - R 0 78 32 FL Statewide
Subgrantee: Edgewater
Subgrantee FIPS Code: 127-19825
Admin Calculation
Admin Cost Calculation: Sliding Scale
Justification:
Authorizing Official Signature
Slidina Scale Percentaoe:
up to
up to
up to
Excess
$100,000 =
$1,000,000 =
$5.000,000.00 =
3.00%
2.00%
1.00%
0.50%
=
HMGP-OB-02
Grantee
o
Project Title : City of Edgewater, Clark & Wood Propert~st Acquisition & Demolltic
}
Calculation Percentage: NfA
. .
,:'- Te /? M T. 61', .vfl"
. Authorizing Official Title
Authorizing Official Title
20-B
/7- -Z>Z--pS
Authorization Date
Authorization Date
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12/2312005
6:41 AM
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANT PROGRAM
Project Management Report
HMGP-AP-01
( 'aster
Ymber
1545
FEMA
Project Number
33-R
Amendment
Number
o
ApplD
State
Grantee
78
FL
Statewide
Subgrantee: Edgewater
FIPS Code: 127-19825
Project Title: City of Edgewater, Clark & Wood Properties, Acquisltior! Demolition
Mltlaatlon Project Description
Amendment Status: Approved
Approval Status: Approved
Project Title: City of Edgewater, Clark & Wood Properties, AcqUisition & Demolition
Grantee : Statewide Subgrantee : Edgewater
Grantee County Name: Volusia Subgrantee County Name: . Vol usia
Grantee County Code: 127 Subgrantee County Code: 127
Grantee Place Name: Edgewater Subgrantee Place Name: Edgewater
Grantee Place Code: 0 Subgrantee Place Code: 19825
Project Closeout Date : 00/00/0000
Work Schedule Status
Due Date Revised Date Completion Date
II 00/0010000 II 00100/0000 00/00/0000
II 00/00/0000 II 00/00/0000 00/0010000
II 0010010000 II 00/00/0000 00/0010000
II 00/00/0000 '11 00100/0000 0010010000
II 0010010000 II 00100/0000 00/00/0000
II 00/00/0000 100100/0000 I 0010010000
II 0010010000 00/0010000 II 00/0010000
II 00/0010000 00/0010000 II 00/00/0000
II 00/0010000 00/00/0000 II 00/00/0000
II 00/0010000 I 00/00/0000 II 00/0010000
II 00/00/0000 II 00/00/000011 00/0010000
II 00/00/0000 II 00/00/0000 II 00/00/0000
. 1100100/0000 II 00/00/0000 II 00/00/0000
Amend # Description Time Frame
@]~egotiate with state and execute award contracts I~o days
( J~egotiate with property owners after grant approval Ipo days
~praft 2 purchase contract. :. I~o days
@~eceive approval to acquire 2 properties from 'bity.col~o days
@plose on 2nd properties and record with County Cle~~o days
@ pemo permits for 2 structures I ~o days
@~hut off utilities to 2 structures I~o days
@]pemOlitlon of 2 structures and removal of debris I~odays
@]~ite wOrldmprovements (sod) I~O days
@]plose project I~o days
@]~tate Contracting Irao Days
@]~tate Flriallnspection I~o Days
@]~tate Closeout Ipo Days
Approved Amounts
A
FY
12/15/2005 12/15/2005 2006
IFMIS
Date
Submission
Date
ES Support ES Amend Pro) Alloc Amount
Req ID Number Fed Share
805256 5 $165,51~ I
Total I $165,51~ I
Non-Federal Total Approved
Share. Percent Non-Fed Share ArTiount.
25.0000oooq I $55,1711'"
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Grantee Sub~rantee
Admin Amount Admin Amount
Total Approved
Net Eligible
$220,6B~ 1
Federal Total Approved
Share Percent Federal Share Amount
75.o0000oooq I $165,51~ I
Allocations
. Allocation IFMIS
Number Status
$5,41~ I
$5,41~1
Total
Alloe Amount
$172,63~
$172,63~
8
$1 ,71~ I
$1,71ojl
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20-C
12/2312005
6:41 AM
Disaster
Number
FEMA
Project Number
33-R
1545
Subgrantee: Edgewater
FIPS Code: 127-19825
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANT PROGRAM
Project Management Report
Amendment, App ID
Number
o 78
Obllaations
Action IFMIS, IFMIS Submission
Nr Status Date Date FY
A 12/17/2005 12/17/2005 2006
State
Grantee
FL
Statewide
Project Title: City of Edgewater. Clarlc & Wood Properties, Acqulsltionl& Demolition'
, f 1
.
ES Support ES Amend Suppl
Req 10 Number Nr
853195 32 32
Total
Project Obligated Grantee Admin
Amt . Fed Share Amount
$165,51~ I $1.71Q I
$165,51~ I $1.71ql
20-D
;~
'- "
, Subgrantee
Admin Amount
$5,41~ I
$5.41~ I
"
,
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HMGP-AP-01
u
Total Obligated
Amount
$172,63~
$172,63~
()
(.)
12/1712005
10:51 AM
. FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANT PROGRAM
HMGP-EV-01
. Environmental Report
Waster
Number
1545
FEMA
Project Number
33-R
Amendment
Number
ApplD
State
Grantee
o
78
FL
Statewide
Subgrantee: Edgew~ter
FIPS Code: 127-19825
FEMA Laws/EOs
}
. Project TItle: City of Edgewater, Clark & Wood Properties, Acquisition .& Demolition
LawslEOs
Coastal Barriers Resources Act (CBRA)
Status
Completed
Clean Water Act (CWA)
Completed
Coastal Zone Management Act (CZMA) .
Completed
Endangered Species Act (ESA)
Completed
Fish and Wildlife Coordination Act (FWCA)
Completed
u
National Historic Preservation Act (NHPA)
Completed
Clean Air Act (CAA) .
Completed
E.O. 11988: floodplains
Completed
E.O. 11990: Wetlands
Completed
E.O. 12898: Environmental Justice for Low Income and Minority Populations Completed
FEMA NEPA Process
,.
'\
",
\,
,.
\
FEMA Status
Catex - Completed
U 1 CATEX Type Code
7. Acquisition, demolition and removal of properties
(vii)
If an extraardinary circumstance exists and leads to a
significant environmental Impact (see 44CFR 10.8 (d) (3)).
an Environ.Assesment shall be prepared.
o No Extraordinary Circumstances Requiring an EA.
Documentation Complete 12/05/2005
?()-k'
12/17/2005
10:51 AM
FEDERAL EMERGENCY MANAGENlENT .AGENCY
HAZARD MITIGATION GRANT PROGRAM
HMGP~EV-01
Environmental Report
Disaster
Number
Amendment App 10
Number
Grantee,
State
FEMA
Project Number
33.R
o
78
FL
Statewide
1545
Subgrantee: Edgewater
FIPS Code: 127-19825
Standard Conditions
1. Any change to the approved scope of work will require re-evaluatlon for complianCe with NEPA and other'Laws and Executive Orders.
2. This review does not add'ress all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all
federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize federal
funding.
3. If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological resources
are discovered, will immediately cease construction in that area and notify the State and FEMA.
ProjeCt Title: City of Edgewater, Clark & Wood Properties, AcqUiSltio~)& Demolition
"
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Attachment B
Program Statutes and Regulations
The parties to this Agreement and the Hazard Mitigation Grant Program (HMGFi) ,are generally.
governed by the following statutes and regulations: t
(1 ) The Robert T. Stafford Disaster Relief and Emergency Assistance Act;
(2) 44 CFR Parts 7, 9, 10, 13, 14, 17, 1~, 25, 206, 220, and 221, and any other applicable
FEMA policy memoranda and guidance documents;
(3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program;
(4) Hazard Mitigation Long-term Recovery Guidance; and
(5) All applicable laws and regulations delineated in Attachment C of this Agreement
u
In addition to ~he above statues and regulations, the Recipient must comply with the following:
The Recipient shall fully perform the approved hazard mitigation project, as described.
in the Appli,cation and Attachment A (Budget and Scope of Work) attached to this Agreement, in
accordance with the approved scope of work indicated therein, the estimate of costs indicated therein, the
allocation of funds indicated therein, and the terms and conditions of this Agreement. Recipient shall not
deviate from the approved project and the terms and conditions of this Agreement. Recipient shall
comply with any and all applicable codes and standards in performing work funded under this Agreement,
and shall provide any appropriate maintenance and security for the project.
Any development permit issued by, or development activity undertaken by, the Recipient
and any land use permitted by or engaged in by the Recipient, shall be consistent with the local
comprehensive plan and land development regulations prepared and adopte9 pursuant to Chapter 163,
Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses
authorized for, only those uses which are permitted under the comprehensive plan and land development
regulations. The Recipient shall be responsible for ensuring that any development permit issued and any
development activity or land use undertaken is, where applicable, also authorized by the Water
Management District, theFI~rida Department of Environmental Protection, the Florida Department of
Health, the Florida Game and Fish Commission, and any federal, state, or local environmental or land
use permitting authority, where required. Recipient agrees that any rep~ir or construction shall be in
accordance with applicable standards of safety, decency, and sariitation, and in conformity with.
applicable codes, specifications and standards,
Recipient will provide and maintain competent and adequate engineering supervision afthe
construction site to ensure that the completed work conforms with the approved plans and specifications
and will furnish progress reports and such other information to the Department a~ m~y be required,
\ ':.. -
If the hazard mitigation project described in Attachment A includes an acquisition or relocation
project, then Recipient shall ensure that, as a condition of funding under this Agreement,\\the owner of the
affected real property shall record in the public records of the county where it is located th~ following
covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from
which a structure will be removed pursuant to the project:
1.
The property will be dedicated and maintained in perpetuity for a use that is compatible
with open space, recreational, or wetlands management practices;
No new structure will be erected on property other than: .
(a) a public facility that is open on all sides and functionally related to a
designated open space;
(b) a restroom; or
Q
2.
21
5.
A structure that the Director of the Federal Emergency Management Agency approves in
writing before the commencement of the construction of the structure;
After the date of the acquisition or relocation no application for disaster assistance for any
purpose will be made to any Federal entity and no disaster assistance will be provided for
the property by any Federal source; and .
If any of these covenants and restrictions is violated by the owner or b)Upome third party
with the knowledge of the owner, fee simple title to the Property described herein shall be
conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida without further notice to the. owner, its successors and assigns, and the owner, its
successors and assigns shall forfeit all right, title and interest in and to the property.
o
3.
4.
. The Department Contract Manager (DCM) will evaluate requests for cost overruns and submit to
the Regional Director written determination of cost overrun eligibility. Cost overruns shall meet Federal
regulations set forth in 44CFR 206.438(b).
The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a
HMGP Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agenoies participating
in the NEPA process. You are reminded that no construction.may occur in this phase, that a full
enyironmental review must be completed prior to funding Phase II; .
As a reminder, the Recipient must obtain prior approval from the State, before implementing
changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirernents for
Grants and Cooperative Agreements to State and Local Governments: .
1.. For construction projects, the grantee must "obtain prior written approval for any budget
revision which result in a need for additional funds" (44 CFR 13 (c));
. 2. A change in the scope of work must be approved by FEMA in advance regardless of the
budget implications; and .
3. The Recipient must notify the State as soon as significant developments become known,
such as delays or a,dverse conditions that might raise costs or delay completion. or favorable
conditions allowing lower cost or earlier completion. Any extensions of the period of
performance must be submitted to FEMA 60 days prior to the project expiration date.
()
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Attachment C
Statement of Assurances
To the extent the following provisions apply to the award of assistance in this Agreemenf, as determined
by the awarding agency, the Recipient hereby assures and certifies that: i
j
(a)
(b)
It possesses legal authority to enter into this. agreement, and to execute the proposed program;
Its governing body has duly adopted or passed as an official act a resolution, motion or similar
action authorizing the execution of the hazard mitigation agreement with the Department, .
including all understandings and assurances contained therein, and directing and authorizing the
Recipient's chief ADMINISTRATIVE officer or designee to act in connection with the application
and to provide such additional information as may be required;
(c)
No member of or delegate to the Congress of the United States, and no Resident Commissioner,
shall be admitted to any share or part of this agreement or to any benefit to arise from the same.
No member, officer, or employee of the Recipient or its designees or agents, no member of the
governing body of the locality in which the program is situate9, and no other public official of such
locality or localities who 'exercises any functions or responsibilities with respect to the program .
during his tenure or for one year thereafter; shall have any interest direct or indirect, in any
contract or subcontract, or the proceeds thereof, for work to be performed in connection with the
program assisted under this agreement. The Recipient shall incorporate or cause to be
incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant
to the purpose state above;
(d)
All Recipient contracts for which the State Legislature is in any part a funding source, shall
contain language to provide for termination with reasonable costs to be paid by the Recipient for
eligible contract work completed prior to the date the notice of suspension of funding was
received by the Recipient. Any cost incurred after a notice of suspension or termination is
received by the Recipient may not be funded with funds provided under this Agreement unless
previously approved in writing by the Department. All Recipient contracts shall contain provisions
for termination for cause or convenience and shall provide for the method of payment in such
event;
(e) It will comply with:
(f)
(1 )
(2)
Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring
that mechanics and laborers (including watchmen and giJards) employed on federally
assisted contracts be paid wages of not less than one and one-half .
times their basic wage rates for all hours worked in excess of forty hours in a work week;
and .
Federal Fair Labor Standards Act, 29 U.S.C. Section 201 etseq., requiring that covered
employees be paid at least the minimum prescribed wage, and also that they be paid one
. and one-half times their basic wage rates for all hours worked in 'exc~ss of the prescribed
work-week. . i "
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It will comply with: \
.. . , .
(1) Title VI of the Civii Rights Act of 1964 (P .L. 88-352), and the regulations is\ued pursuant
thereto, which provides that no person in the United States shall on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity for which the
,Recipient receives Federal financial assistance arid will immediately take any measures
necessary to effectuate this assurance. If any real property or structure thereon is
provided or improved with the aid of Federal financial assistance extended to the
Recipient.. this assurance shall obligate the Recipient, or in the case of any transfer of
such property, any transferee, for the period during which the real property or structure is.
23
used for a purpose for which the Federal financial assistance is extended, or for another 0-
purpose involving the provision of similar services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the
basis of age or with respect to otherwise qualified handicapped individua~ as provided in
Section 504 of the Rehabilitation Act of 1973;
(g)
(3) . Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the
, regulations issued pursuant thereto, which provide that no person shail be discriminated
against on the basis of race, color, religion, sex or national origin in all phases of
employment during the. performance of federal or federaily assisted construction
contracts; affirmative action to insure fair treatment in employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff/termination, rates of payor other
foms of compensation; and election for training and apprenticeship;
The Recipient agrees to comply with the Americans With Disabilities Act (Public aw 101-336, 42
U.S.C. Section 12101 et sea~), where applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications;
It will establish safeguards to prohibit employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves
o.r others, particularly those with whom they have family, business, or either ties pursuant to
Section 112.313 and Section 112.3135, FS;
(h)
(i)
It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and
prescribes penalties for "kickbacks" ofwages in federally financed or assisted construction
activities;' ... .
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0) It will comply with the provisions of 18 USC 594, 598, 600-605 (further known as the Hatch Act)
which limits the political activities of employees;
(k) It will comply with the flood insurance purchase and other requirements of the Flood Disaster
Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the
purchase of flood insurance in communities where such insurance is available as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes for use in
any area having special flood hazards. The phrase "Federal financial assistance" includes any
form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or
grant, or any other form of direct or indirect Federal assistance; .'
(I) It will require every building or.facility (other than a privately owned residential structure)
designed, constructed, or altered with funds provided under this Agreement to comply with the
"Uniform Federal Accessability Standards," (AS) which is Appendix A to 41 .CFR Section 101-
19.6 for general type buildings and Appendix A to 24 CFR Part 40 for res~deqtial structures. The
Recipient will be responsible for conducting inspections to ensure compliance with these
specifications by the contractor; .,
\
(m) It will, in connection with its performance of environmental assessments under th~ National
Environmental Policy Act of 1969, comply with Section 106 of the National HistoriC\Preservation
Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of
. .
. Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1,et seq.) by:
(1 )
Consulting with the State Historic Preservation Office to identify properties listed
in or eligible for inclusion in the National Register of Historic Places that are
subject to adverse effects (see 36 CFR Section 800.8) by the proposed activity;
and
.(.)
24
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(6)
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(2)
Complying with all requirements established by the State to avoid or mitigate
adverse effects upon such properties.
(3) Abiding by the terms and conditions of the "Programmatic Ag~eement Among
the Federal Emergency Management Agency, the Florida state Historic
Preservation Office, the Florida Department of Community dffairs and the
Advisory Council on Historic Preservation, (PA)" which addresses roles and
responsibilifies of Federal and State entities in implementing Section 106 of the
National Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing
regulations in 36 CFR part 800.
When any of Recipient's projects funded under this,Agreement may affect a
historic property, as defined in 36 CFR 800. (2)(e), the Federal Emergency
Management Agency (FEMA) may require Recipient to review the eligible scope
of work in consultation with the State Historic Preservation Office (SHPO) and
suggest methods of repair or construction that will conform with the
recommended approaches set out in the Secretary of Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992
(Standards), the Secretary of the Interior's Guidelines for Archeological
Documentation (Guidelines) (48 Federal Register 44734'-37). or any other
applicable Secretary of Interior standards. If FEMA determines that the eligible
scope of work will not conform with the Standards, Recipient agrees to
participate in consultations to develop, and, after e~ecution by all parties, to
abide by, a written agreement that establishes mitigation and recondition
measures. including but riot limited to, impacts to archeological sites, and the
salvage, storage, and reuse of any significant architectural features that may
otherwise be demolished.
(4)
(5) Recipient agrees to notify FEMA and the Department if any project funded under
this Agreement will involve ground disturbing activities, including,but not limited
to: subsurface disturbance; removal of trees; excavation for footings and
foundations; and installation of utilities (such as water, sewer, storm drains,
electrical. gas,leach ,lines and septic tanks) except where these activities are
restricted solely to areas previously disturbed by the installation, replacement or
maintenance of such utilities. FEMA will request the SHPO's opinion on the
potential that archeological properties may be present and be affected by such
activities. The SHPO wiWadvise Recipient on any feasible steps to be
accomplished to avoid any National Register eligible archeological property or
will make recommendations for the development of a treatment plari for the,
recovery of archeological data from the property. ' '
If Recipient is unable to avoid the archeological property, develop, in consultation'
with the SHPO, a treatment plan consistent with the Guidelil1esand take into
account the Advisory Council on Historic Preservation (Gouhcil) publication
"Treatment of Archeological Properties". Recipient shall forWard information
regarding the treatment plan to FEMA, the SHPO and the Council for review. If
the SHPO and the Council do not object within 15 calendar dayS~: of receipt of the
treatment plan. FEMA may direct Recipient to implement the trea ent plan. If
either the Council orthe SHPO object, Recipient shall not proceewith the
project until the objection is resolved.
Recipient shall notify the Departm"ent and FEMA as soon as practicable: (a) of
any changes in the approved scope of work for a National Register eligible or
listed property; (b) of all changesto a project that may result ina supplemental
DSR or modify an HMGP project for a National Register eligible or ,listed
property; (c) if it appears that a project funded under this Agreement will affect a
previously unidentified property that may be eligible for inclusion in the National
25
Register or affect a known historic property in an unanticipated manner.
Recipient acknowledges that FEMA may require Recipient to stop construction in ( \
the vicinity of the discovery of a previously unidentified property that may be \""I
eligible for inclusion in the National Register or upon learning that construction
may affect a known historic property in an unanticipated manner. Recipient
fl,lrther acknowledges that FEMA may require Recipient to take Slll reasonable
measures to avoid or minimize harm to such property until FEMJ( concludes
consultation with the SHPO.Recipient also acknowledges that FEMA will
. require, and Recipient shall comply with, modifications to the project scope of
work necessary to implement recommendations to address the project and the
property. .
(7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise; it
shall not receive funding for projects when, with intent to avoid the requirements
of the PA or the NHPA, Recipient intentionally and significantly adversely affects
a historic property, or having the legal power to prevent it, allowed such
significant adverse affect to occur.
(n) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681-
1683 and 1685 - 1686) which prohibits discrimination on the basis of sex;
(0) It will comply with the Comprehensive Alcohol Abuse. and Alcoholism Prevention, Treatment and
Rehabilitation Actof 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of
alcohol abuse or alcoholism;:
(p) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and
290ee~3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(q)
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(r)
It will comply with Lead~8ased Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which
prohibits the use of lead based paint in construction of rehabilitation or residential structures;
It will comply with the Energy Policy and Conservation Act (P.L. 94-1.63; 42 U.S.C. 6201-6422),
and the provisions of the state Energy Conservation Plan adopted pursuant thereto;
(s)
It will comply with the Laboratory Animal Welfare Act of 1966,7 U.S.C. 2131-2159, pertaining to
the. care, handling, and treatment of warm blooded animals held for research, teaching, or other
activities supported by an award of assistance under this agreement;
(t)
It will comply with Title VIII of the. Civil Rights Act of 1968,42 U.S.C. 2000c and 42 3601-3619, as
amended, relating to non-discrimination in the sale, rental, .odinancing of housing, and Title VI of
the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race,.
color or nation origin;
(Ii )
(v)
It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;
., .
It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419~?626;
(w)
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It will comply with the Endangered Species Act of 1973,16 U.S;C.1531-1544;
(x) It will comply with the Intergovernmental Personnel Act of 1970,42 U.S.C. 4728-4763;
(y)
ltwill assist the awarding agency in assuring compliance with the National Historic Preservation
Act of 1966, as amended, 16 U.S.C. 270;
(z)
u
It will comply with environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969, 42 U.S.C. 4321-4347;
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(cc)
(dd)
(ee)
(ff)
(gg)
(hh)
(ii)
(aa) It will. assist the awarding agency in assuring compliance with the Preservation of Archeological
and Historical Preservation Act of 1966, 16 U.S~C. 469a, et seq;'
(bb)
It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-
discrimination;
.
, I
It will comply with the environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974,42 U.S.C. 300f-300j, regarding the protection of underground water
sources;
It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and
Property Acquisition Policies Act of 1970, 42 U.S:C. 4621-4638, which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a resultof Federal or
federally assisted programs;
It wili comply with the Wild and Scel")icRivers Act of 1968, 16U.S.C. 1271-1287, related to
protecting components or potential compbnentsof the national wild and sceni~ rivers system;
It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating
facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898
(Environmental Justice);
It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510;
It will assure project consistency with the approved State program developed under the Coastal'
Zone Management Act of 1972,16 U.S.C. 1451-1464; and
It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666.
OJ) With respect to demolition activities, it will:
1.
Create and make available documentation sufficient to demonstrate that the Recipient
and its demolition contractor have sufficient manpower and equipment to comply with the
obligations as outlined in this Agreement.
2.
Return the property to its natural state as though no improvements had ever been
contained thereon. '
3.
Furnish documentation of all qualified personnel, licenses and all equipment necessary.to
inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos
and lead in accordance with requirements of the U.S. Environmental Protection Agency,
the Florida Department of EnVironmental Protection and the County Health Department.
4.
Provide documentation of the inspection results for each structure to indicate:
, I
a.
b.
c.
Safety Hazards Present
Health HazardsPresent
Hazardous Materials Present
5.
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Provide supervision over contractors or employees employed by Recipient,to remove
asbestos and lead from demolished or otherwise applicable structures.
6.
Leave the demolished site clean, level and free of debris.
7.
Notify the Department promptly of any unusual existing condition which hampers the
contractors work.
8. Obtain all required permits.
27
9.
10.
11.
12.
Provide addresses and marked maps for each site where water wells and septic tanks
are to be closed along with the number of wells and septic tanks located on each site.
Provide documentation of closur.es.
Comply with mandatory standards and policies relating to energy efficier}.cy which are
contaihed in the State energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (Public Law 94-163).
Comply with all applicable standards, orders, or requirements issued under Section 112
and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33
U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency
regulations (40 CFR Part 15 and 61). This clause shall be added to any subcontracts.
Provide documentation of public notices for demolition activities.
28
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Attachment D
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
Request for Advance or Reimbursement of
Hazard Mitigation Grant Program Funds
}
1
RECIPIENT NAME:
City of Edoewater
ADDRESS:
CITY, STATE, ZIP CODE:
PAYMENT No:
DCA Agreement No: 06HM-4a:v.-06-74-02-032
F
T k' N b
154533 R
o
EMA rac (nq um ers: - -
Eligible . Obligated Obligated. Previous Current DCA Use Onlv
Amount Federal Non-Federal
100%. .75% 25% Payments Request APoroved Comments
TOTAL CURRENT REQUEST $
. .
I certify that to the. best of my knowledge and belief the above accounts are correct, and that all disbursements
were made in accordance with all conditions of the DCA agreement and payment is due and has not been
previously requested for these amounts. .
RECIPIENT SIGNATURE
NAME AND TITLE
DATE:
TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS I
\
APPROVED PROJECT TOTAL $ .
ADMINISTRATIVE COST $
APPROVED FOR PAYMENT $
GOVERNOR'S AUTHORIZED REPRES~TATIVE
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DATE
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FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE};
. HAZARD MITIGATION GRANT PROGRAM
Applicant: . City of Edaewater
Disaster No. 1545.'
DCA Agreement No.: 06HM-4((2l-06-74-02-032
FEMA Tracking # 1545-33-R
Applicant's Date of delivery DOCUMENTATION Applicant's
Reference No. of articles, List Documentation (Applicant's payroll, material out of Eligible Costs
(Warrant. Voucher, completion of applicant's stock, applicant owned equipment and name of 100%
Claim Check, or work or vendor or contractor) by category and line item in the
Schedule No.) performance approved project application and give a brief description of
services. the articles or services.
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TOTAL
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AttachmentE
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT: J
J
Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is
requested, budget data on which the request is based must be submitted. Any advance payment under this
Agreement is subject to s. 216.181(16)(a)(b), Florida Statutes. The amount which may be advanced shall not
exceed the expected CCish needs of the recipient within the initial three months.
[ ] NO ADVANCE REQUESTED
[ ] ADVANCE REQUESTED
No advance payment is requested.
Payment will be solely on a
reimbursement basis. No additional
information is required.
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds
are needed to pay staff, award benefits to clients, duplicate forms
and purchase start-up supplies and equipment. We would not be
able to operate the program without this advance.
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete the following worksheet.
DESCRIPTION
(A)
FFY 2003
(B)
. FFY 2004
(C)
FFY 2005
(D)
Total
1
2
3
MAXIMUM ADVANCE ALLOWED CALULATION:
x $
Cell 03 HMGPAward
(Do not include match)
=
MAXIMUM
ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
] Recipient has no previous HMGP contract history. Complete Estimated Expenses\chart
and Explanation of Circumstances below. \ .
. t
Recipient has exceptional circumstances that require an advance greater than the Mpximum
Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances
below. Attach additional pages if needed.
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ESTIMATED EXPENSES
(J
BUDGET CATEGORY 2005-2006 Anticipated Expenditures for First Three Months of
Contract
ADMINISTRATIVE COSTS ),
PROGRAM EXPENSES
TOTAL EXPENSES
Explanation of Circumstances:
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Attachment F
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
QUARTERLY REPORT FORM
}
}
RECIPIENT: City of Edqewater
Project Number # 1545-33-R
PROJECT LOCATION: Acquisition and Demolition
DCA ID #:: 06HM-4@-06-74-02-032
QUARTER ENDING:
DISASTER NUMBER: FEMA-1545-DR-FL
Provide amount of advance funds disbursed for period (if applicable) $
Provide reimbursement projections for this project:
July-Sep, 200_$
July-Sep, 200_$
Oct-Dee, 200_$
Oct-Dee, 200_$
Jan-Mar, 200~$_ Apr-June,"200_$_
Jan-Mar, 200_$
Apr-June, 200...:..-$_
Percentage of Work Completed (may be confirmed by state inspectors):
%
Project Proceeding on Schedule: [] Yes [] No
Describe milestones achieved during this quarter:
Provide a schedule for the remainder of work to project completion:
Describe problems or circumstances affecting completion date, milestones, scope of work, and cost:
Cost Status: [] Cost Unchanged
[ ] Under Budget
[ ] Over Budget
Additional Comments/Elaboration:
NOTE: Department of Community Affairs (DCA) staff may perform interim inspecJions an~/or audits at
any time. Events may occur between quarterly reports, which have significant inipact upo~ your
project(s), such as anticipated overruns, changes in scope of work, etc. Please contact DCAas soon as
these conditions become known, otherwise you may be found non-compliant with your subgrant award.
Name and Phone Number of Person Completing This Form
33
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Attachment G
o
Copyright, Patent and Trademark
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION ~ITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OFTHIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright,
the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the
. Agreement provides otherwise.
If any discovery or invention arises or is developed in the course of or as aresult of work or
services performed under this Agreement, or in any way c.onnected herewith, the Recipient shall refer the
discovery or invention to the Departmemt for.a qeterminationwhether patent prote<?tion will be sought in
the name of the State of Florida. Any and all patent rights accruing under or in connection with the
performance of this Agreement are hereby reserved to the State of Flqrida. In the event that any books,
manuals, films; or other copyrightable material are produced, the Recipient shall notify the Department.
Any and all copyrights accruing under or in connection with the performance under this Agreement are
hereby transferred by the Recipient to the State of Florida.
Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual
properties relevant to the performance of this Agreement which he or she knows or should know could
give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre';existing
intellectual property which is so, disclosed. Failure to disclose will indicate that no such property exists. 0
The Department shall then, un<;ler Paragraph (b), have the right to all patents and copyrights which occur
during performance of the Agreement.
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Attachment H
Warranties and Representations
Financial Manaaement
}
}
Contractor's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify adequately the source and application of funds for all activities covered
by this contract. These records shall contain information pertaining to grant awards,
authorizations, obligations, un:-obligated balances, assets, outlays, income and interest.
(3) Written procedures for determining the reasonableness, allocability and allowability of costs
in accordance with the provisions of the applicable cost principles and the terms and
conditions of this grant.
(4) Accounting records, including cost accounting records that are supported by source
documentation.
Competition
All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical,
open and free competition. The Contractor shall be alert to conflicts of interest as well as noncompetitive
practices among sub-contractors that may restrict or eliminate competition or otherwise restrain trade. In
order to ensure objective sub-contractor performance and eliminate unfair competitive advantage, sub-
contractors that develop or draft specifications, requirements, statements of work, invitations for bids__..
and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be
made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous
to the Contractor, price, quality and other factors considered. Solicitations shall clearly set forth all
requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the
_ Contractor. Any and all bids or offers may be rejected when it is in the Contractor's interest to do so.
Codes of Conduct
The Contractor shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of sub-contracts. No employee, officer, or agent shall participate
in the selection, award; or administratidnof a sub-contract supported by public grant funds ita real or
apparent conflict of interest would be involved. Such a conflict would arise when-the employee, officer, or
agent, any member of his or her immediate family, his or her partner, or an organizatiOn which employs or
is _ about to employ any of the parties indicated herein, has a financial or other interest in the firm selected
for an award. The officers, employees, and agents of the Contractor shall neither solicit nor accept
gratuities, favors, or anything of monetary value from contractors, or parties tosu~cohtracts. The
standards of conduct shall provide for disciplinary actions to be applied for violatio.ns of such standards by
officers, employees, or agents of the Contractor. '
Licensina and Permittinq
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All subcontractors or employees hired by the Contractor shall have all current licenses and permits
required for all of the particular work for which they are hired by the Contractor.
35
.... -"-.
Attachment I
Certification Regarding
Debarment, Suspension, Ineligibility
and Voluntary Exclusion
Contractor Covered Transactions:
. J1
. I
1. The prospective contractor of the Recipient,
certifies, by submission of this document, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation
in this transaction by any Federal department or agency.
. .
2. . Where the Recipient's contractor is unable to certify to the above statement, the prospective
eontractor shall attach.an explanation to this form.
Recipient's Name
Contractor
By:
Signature
DCA Contract Number
Name and Title
. Street Address
City, State, Zip
Date
36
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AGENDA REQUEST
April 3, 2006
PUBLIC
HEARING
RESOLUTIONS
ORDINANCE
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
~
ITEM DESCRIPTION:
New position: Deputy Police Chief
BACKGROUND:
The City's larger departments include deputy directors to assist the directors on a day- to- day basis,
as well as to assume the director's duties in their absence. It has been detennined that the Police
Department should add the position of Deputy Police Chief. The estimated annual salary for this
individual is $56,000.00; including benefits the total cost will be approximately $90,580.00. The
City will first seek applicants from within the department for this new position.
STAFF RECOMMENDATION:
Staff recommends the creation of a new position: Deputy Police Chief.
ACTION REQUESTED:
Motion needed to approve the addition of a Deputy Police Chief to the City's Position
Classification Groupings as a new position.
FINANCIAL IMPACT (FINANCE DIRECTOR)
$90.580.00
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO
x_
DATE:
AGENDA ITEM NO.
Respectfully submitted,
De~~
Personnel Director
t...
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CITY OF EDGEWA TER
u
JOB DESCRIPTION
POSITION TITLE: Deputy Chief
CLASSIFICATION: Management Professional
FLSA: Exempt
DEPARTMENT: Police
SALARY RANGE: $34,500 - 57,960
......................................................................................................................................................................
GENERAL SUMMARY
Under limited supervision is responsible for assisting with the management of the Police Department to
provide the best possible protection to the lives and property of all citizens. Reports to the Police Chief.
PRIMARY DUTIES AND RESPONSIBILITIES
Assists with the supervision of departmental personnel and activities as assigned. This involves such duties
as selecting and allocating employees, planning reviewing and assigning work, delegating responsibilities to
assigned personnel, maintaining standards, acting on employee problems, providing counseling, appraising
performance, and recommending promotions, demotions, discipline and terminations.
Assists with planning, directing and coordinating the administration of Police Department activities.
Studies the performance records of police employees through field observations, examination of data,
interviews, and conferences with assigned personnel. Assumes charge of police activities on the scene in
major police emergencies.
Receives, directs, reviews, and evaluates complaints against subordinates; recommends appropriate 0
disposition.
Ensures compliance with laws, regulations, policies and procedures; interprets new laws, ordinances, rules
and regulations for subordinates; formulates departmental procedures, rules and regulations in consultation
with subordinates.
Acts as liaison between Police Department and the public by conferring with citizen groups about police
problems and police services. Promotes good public relations by dealing respectfully with the public, City
officials, employees and other individuals and groups involved in the activities of the department.
Conducts review of recommendations from subordinate supervisory personnel in order to prepare proposed
annual budget for submission to Police Chief. Administers approved budget for assigned area, monitors
expenditures and recommends adjustments as needed. \
Conducts staff meetings with subordinates, participates in staff meetings with City and departmental
administrators, and actively participates in labor management discussions and/or negotiations on the City's
behalf.
Works in conjunction with all City departments regarding various activities/functions.
Assumes command of the Police Department in the absence of the Police Chief.
Prepares, reviews and/or maintains various types of documents as required.
Utilizes/operates and maintains various types of equipment as required.
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JOB SPECIFICATIONS
Education and Experience:
Florida Certified Police Officer
Bachelor's Degree in Criminal Justice or related field with One (1) year experience in Sergeant position
(continuous service at this level) or
Two (2) years of such experience with sixty (60)eamed credits of college or successful completion of a police
management school (Southern Police Institute, AOC, FBI National Academy or Senior Management Institute
for Police)
Valid Florida drivers license
Knowledge:
Must have knowledge of:
City ordinances, codes, enforcement procedures and regulations as they pertain to principles and practices of
law enforcement
Criminal behavior and methods of operation
Legal rights of accused persons, officers and the public
Techniques, methods and acceptable departmental practices
Documentation and records required by the department
Principles of effective management and supervision
Certification requirements
Computers and software
The operation, maintenance, limitations and safety precautions for all departmental activities
Skills/Effort:
Must have the ability to:
Manage multiple issues and projects
Monitor expenses and maintain accounts within budgetary limits
Keep abreast of ordinances, codes and regulations pertaining to the departmental responsibilities
Use independent judgment and discretion in the performance of duties and maintain the integrity of
confidential information
Supervise and delegate responsibilities to assigned personnel
Maintain all educational and licensing requirements
Ensure all functions within the department are performed in a safe and effective manner
Work under a degree of stress related to duties that require significant responsibility
Establish and maintain effective working relationships with all individuals involved in the activities of the
department.
EnvironmentallWorking Conditions:
Conducts administrative tasks in office environment with exposure to computers
Outdoors with exposure to some discomforting and dangerous environmental conditions
Requires physical exertion in lifting/moving items weighing up to 25 pounds.
Routine travel is required.
Occasional overnight travel is required.
Other physical/mental requirements may apply.
Supervisory/Budget Accountability:
Supervises departmental personnel as assigned
Responsible for preparing and operating within assigned budget
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DISCLAIMER STATEMENT ~
This job description is not intended as a complete listing of job duties. The incumbent is responsible for the
performance of other related duties as assigned/required.
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APPROVAL OF DEPUTY CHIEF DESCRIPTION
POLICE CHIEF
PERSONNEL DIRECTOR
DATE
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I" Reading, Tim Howard Ig scale comp plan amend (CP A-0501) was Targator & rezoning (RZ-050 1 ) \
1 sl Reading, Carder 19 scale comp plan amend (CPA-0503){includes AN-0516 28.56 acres &
AN-0504 24.26 acres-ord #2005-0-30, withdrawn June 6, 2005 Item 6N.}
1 sl Reading, Sfera 19 scale comp plan amend (CP A-0602) 10 acres to Commercial with Conservation
Overlay
pI Reading, COE 19 scale comp plan text amendments (CPA-0604)
1 sl Reading, COE 19 scale comp plan amend 17.63:!: acres, animal shelter (CP A-0605)
1 sl Reading, Ord #2006-0-, Washington Park, rezoning & assessment
2nd Reading, Ord #2006-0-07, establish user fees for public safety services for motor vehicle accidents
Res #2006-R-0, modification (indexing) of administrative/user fees
Coral.Trace - amending development agreement - adding 22 lots - cont from 2/27/06, 6A
Coral Trace - replat - adding 22 lots - cont from 2/27/06, 6B
Pet Society Agreement
Agreement for City Manager Services
Library Board appts. - Dennis & Harriet
TENTATIVE AGENDA ITEMS
APRIL 17
1)
2)
U 3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
MAY 1
1) 2nd Reading, Ord #2006-0-04, small scale comp plan amend, Barry (CP A-0514) - cont from3/6/06, 6B
2) 2nd Reading, Ord #2006-0-08, comp plan, Lancellotta (CPA-012) as Low Density Transition.
3) 2nd Reading, Ord #2006-0-09, rezoning, Lancellotta (RZ-0520) as RT (Rural Transitional)
4) 2nd Reading, Ord #2006-0-, Washington Park, rezoning & assessment
5) 1 st Reading, Ord #2006-0-, SR- 442 rezoning
6) 1 sl Reading Ord #2006-0-, LDC amendments
7) Continuance 1 Sl Reading Ord. #2006-0-01, River Oaks - cont 3/20/06, 6C
8) Middletown Plaza, site plan
<.J
MAY 15
1) 2nd Reading, Ord #2006-0-, SR-442 rezoning
2) 2nd Reading, Ord #2006-0-, LDC amendments
3) Res #2006-R-0, renewing Interlocal Agree for FireIRescue Service Mutual Aid within Volusia Cty
JUNS
JUN 19
JUN 26 - ~:OO pm - Budget Work Session
UNSCHEDULED UPCOMING HEARINGS - PLANNING DEPARTMENT APPLICATIONS
RECEIVED -
1) Massey - annexation (AN-~
2) Massey - 19 scale comp plan amend & rezoning
3) Villas @ Massey Ranch Site Plan
4) WaterIReclaimed Site -lg scale comp plan,amend & rezoning
5) Carder - rezoning - (RZ-0504) total 52.82 acres {includes AN-0516 & AN-0504)
6) Seagate - Edgewater Lakes Phase II PUD Agreement
7) Seagate - Riverclub (CPA-~ 19 scale comp plan amend
8) Snowden/442 DR! -- approx 5,000 acres
9) Elegant Manor - rezoning (RZ-0521) south of Airpark west of Silver Palm
10) Seagate - Edgewater Lakes, Phase IB & IC - amendment to PUD
Rev. 3/27/06
I:\Iiz_docs\outIines\aitems031706
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11 ) Woodbridge Lakes rezoning (RZ-0407) -
12) Woodbridge Lakes Plat
13) Washington Park - Pawlak Plat
14) Coastal Oaks - Haynes sm scale comp plan amend
15) Julington Oaks - preliminary plat
16) Worthington Oaks - preliminary plat U
17) Rezoning, Jones/Putnam - 1 acre @ 1155 Old Mission Road (RZ-0515)
18) Rezoning, Jones/ASD Properties - 110.66 acres - PUD (RZ-0508)
19) Reflections (RZ-0513)
20) Carder (RZ-0519) .24::l:: acres s/w comer of Falcon Avenue & Mariners Gate Court as R-4 (Multi-Family
Residential)
21) Hickey Residential (RZ-0505)
.22) Annex, Gardiner (AN-0515 ) 82.33::l:: acres south of Taylor Road
23) Peterson 19 scale comp plan amend (CP A-060l) 80+ acres to Low Density Residential with Conservation
Overlay
24) Peterson annex (AN- ) 802: acres Taylor Road
DEVELOPMENT SERVICES (PLANNING) DEPARTMENT PROJECTS
1) , Subdivision Architectural Design Standards
2) US # 1 Corridor Guidelines
3) Capital Improvement Element
4) Recreation/Open Space Element
5) Capital Improvement Plan
6) LDC changes
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Rev. 3/27/06
I:\Iiz_docs\outlines\aitems031706