12-19-2005
V oting Order
Councilman Vincenzi
Councilwoman Rhodes
Councilwoman Lichter
Mayor Thomas
Councilwoman Rogers
AGENDA
CITY COUNCIL OF EDGEW ATER
REGULAR MEETING
December 19, 2005
7:00 PM
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROV AL OF MINUTES
A. Regular Meeting of October 10, 2005
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TES/DONA TIONS.
4. CITIZEN COMMENTS
This is the time for the public to come forward with any comments they may have. Citizen
comments relating to any agenda matter may be made at the time the matter is before
Council. Please state your name and address, and please limit your comments to five
minutes or less.
5. CITY COUNCIL REPORTS
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Public Hearing, Oak Leaf Preserve, Inc. Requesting preliminary plat approval
for a single-family residential subdivision to be known as Oak Leaf Preserve.
(cont. from 12/5/05, item 6A)
Rezonings:
B. 2nd Reading, Ord. No. 2005-0-49, Glenn Storch, agent for Worthington Creek
Investment, Inc., requesting an amendment to the Official Zoning Map to
include 155 .64:!: acres ofland located west of US 1 and northwest of William
Street as RPUD (Residential Planned Unit Development) and approval of
associated RPUD Agreement. (item 6C on 12/5/05 cont. to 1/9/06, to be
cont. to 1/23/06).
C. 2nd Reading, Ord. No. 2005-0-50, Glenn Storch, agent for John and Patricia
Hickey, requesting an amendment to the Official Zoning Map to include
29.20:!: acres of land located west of US 1 and north of Clinton Cemetery
Road as RPUD (Residential Planned Unit Development) and approval of
associated RPUD Agreement. (item 6D on 12/5/05 cont. to 1/9/06, to be
cont. to 1/23/06)
D. 2nd Reading, Ord. No. 2005-0-51, TrajanJoe Sferarequesting an amendment
to the Official Zoning Map to include 12.01:!: acres ofland west of US 1 and
south of Relocation Road and 4100 S. US 1 as B-3 (Highway Commercial)
(item 6E on 12/5/05 cont. to 1/9/06, to be cont. to 2/13/06).
City Council Agenda
December 19, 2005
Page -2-
6. Public Hearings, Ordinances and Resolutions Cont.
Rezonings Cont.
E. 15t Reading, Ord. No. 2005-0-56, Paul and Tomoko Newsom and Robert
Jalbert, Jr. requesting an amendment to the Official Zoning Map to include
12:!:. acres of property located at 2203 and 2295 Cow Creek Road as AG
(Agriculture) and RT (Rural Transitional) (item 6F cont. to 1/9/06, to be cont.
to 2/13/06).
F. 2nd Reading, Ord. No. 2005-0-55, John Massey requesting an amendment to
the Official Zoning Map to include 8.l2:!:. acres of land located west of
Massey Ranch Boulevard and east of the Massey Ranch Airpark runway as
RPUD (Residential Planned Unit Development) and approval of associated
RPUD Agreement.
G. 15t Reading, Ord. No. 2005-0-57, Robert E. Jalbert, Sr., previous owner who
transferred the property to Douglas Klein, requesting an amendment to the
Official Zoning Map to include 1.15:!:. acres of property located at 3208 Eels
Grove Road as RT (Rural Transitional).
H. 2nd Reading, Ord. No. 2005-0-53, amending Section 1-9 (Additional Court
Cost for Law Enforcement Education) of Chapter 1 (General Provisions) of
the Code of Ordinances.
I. 2nd Reading, Ord. No. 2005-0-54, amending Section 5-70 (Enforcement) of
Chapter 5 (Animals & Fowl-Animal Control) of the Code of Ordinances.
J. Res. No. 2005- R -17, adopting the Comprehensive Emergency Management
Plan (CEMP).
7. BOARD APPOINTMENTS - None at this time.
8. CONSENT AGENDA None at this time.
9. OTHER BUSINESS
A. Continuing Contracting Services - staff recommending authorizing City
Manager to enter into negotiations with HGR Construction, Inc., Antinori
Group, Inc. and Hall Construction Co. Inc. to perform continuing contracting
services and authorize City Manager to execute the agreements.
B. Architectural and Engineering Services - staff recommending approval to
authorize DJdesign, Inc. to provide "Services" for a joint Public Safety
Complex to be located at 3930 US 1.
C. Equipment Purchase - staff recommending declaring Pedal Valves, Inc. a sole
source supplier and authorize purchase of water meters and related equipment
for a cost of$26,775.18.
D. Alan R. Thomas Water Treatment Plant - staff recommending issuing Notice
to Award bid to McMahan Construction in the amount of$998,000 for lime
sludge handling and disinfection improvements and authorize the Mayor/City
Manager to execute the contract.
10. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
City Council Agenda
December 19, 2005
Page -3-
11. CITIZEN COMMENTS/CORRESPONDENCE
A. Tentative Agenda Items
12. ADJOURN.
Note: All items for inclusion on the January 23, 2006, agenda must be received by the City
Manager's office no later than 4:30 p.m Tuesday, January 17,2006.
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 dare. If you are hearing or voice impaired, contact the relay
operator at 1-800-955-8771.
I:\liz _ docs\agendas\121905reg
AGENDA REQUEST
Date: December 9. 2005
PUBLI C
HEARING
x
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
12-19-05
ITEM DESCRIPTION:
Oak Leaf Preserve Inc, requesting preliminary plat approval for a single-family residential subdivision to
be known as Oak Leaf Preserve.
OWNER(S): Oak Leaf Preserve Inc
APPLICANT: Timothy Jelus
REQUESTED ACTION: Preliminary Plat approval for a single family residential subdivision to be
known as Oak Leaf Preserve
LOCATION: East of Old Mission Road, north of the FEC railroad right-of-way and south and east of
Mission Oaks Condo.
AREA: 173.471::1: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Low Density Residential with Conservation Overlay and Conservation
ZONING DISTRICT: RPUD (Residential Planned Unit Development)
PROPOSED USE OF PROPERTY: Residential
VOTING DISTRICT: 1
SURROUNDING AREA:
Current Use Future Land Use Map Zoning District
Designation
Volusia County Low Impact Volusia County MH-5 (Urban
North Manufactured Homes and Urban, Urban Medium Mobile Home), MH-7 (Mobile
Vacant Intensity and Environmental Home Park), A-3 (Transitional
Agricultural), and RC (Resource
Systems Corridor Corridor)
Vacant and Single Family Volusia County Low Impact Volusia County A-3
East Urban & Urban Medium (Transitional Agricultural) and
Residential Intensity MH-5 (Urban Mobile Home)
FEC right. of-way and FEC right. of-way and Volusia FEC right-of'way and Volusia
South Vacant County Low Impact Urban County A-3 (Transitional
Agricultural)
Vacant and Single Family Volusia County Low Impact Volusia County A-3
West Residential Urban (Transitional Agricultural) and
MH-5 (Urban Mobile Home)
SD-050 1 - Oak Leaf(2)
Background: The applicant is proposing a single-family residential subdivision with approximately 422
lots. Lots are to be 50' x 120' and 75' x 120'. In March 2005, the property was rezoned to RPUD and an
associated RPUD Agreement was executed. The development will include several tracts of wetland
preservation and conservation, in which no alteration or filling shall be permitted. There will be
approximately 25 acres of retention ponds, which will be maintained by the Homeowner's Association.
Oak Leaf Preserve will have a minimum of two (2) passive parks.
There will be approximately $2,595,684.23 in impact fee revenue associated with this development.
At their regular meeting of November 9, 2005, the Planning and Zoning Board voted 6-0 to send a
favorable recommendation to City Council for the Oak Leaf Preserve Preliminary Plat.
This item was continued from the December 5, 2005 City Council meeting.
Land Use Compatibility: The proposed use ofresidential is compatible with the surrounding existing
usage.
Adequate Public Facilities: There is access to Old Mission Road and Massey Road. Currently this
property has access to City water and/or sewer service, due to the Western Reserve utility expansion
currently being installed in order to serve the Coral Trace Subdivision. Once completed, there will be an
eight-inch force main at Massey Road and Gateway Drive, which can be utilized to serve this property,
contingent upon clearance by the Department of Environmental Protection. The closest water line will be
at the intersection of Massey Road and Gateway Drive, contingent upon being cleared for service by the
Department of Health.
Natural Environment: Soil types on this property include Tuscawilla Fine Sand, Chobee Fine Sandy
Loam, and Wabasso Fine Sand. On-site vegetation includes Temperate Hammocks, Mixed Wetland
Hardwoods, and Wet Prairie.
Due to the wetlands associated with this site a permit from the Army Corps of Engineers (ACOE) shall
be required. Permitting from the Florida Fish and Wildlife Conservation Commission (FWCC) shall be
required for any mitigation of any threatened and/or endangered species.
Consistency with Comprehensive Plan: The proposed density of this project is consistent with the
requirements of the Low Density Residential Future Land Use designation.
Other Matters: Following preliminary plat approval the developer shall be required to submit
construction plans for review by the City's Technical Review Committee. Subsequent to final
Construction Plan approval the construction of the infrastructure shall commence. A request for Final
Plat approval shall come at a later date.
STAFF RECOMMENDATION
Staff recommends approval of the preliminary plat for the Oak Leaf Preserve Subdivision.
ACTION REQUESTED
Motion to approve the preliminary plat for the Oak Leaf Preserve Subdivision.
PREVIOUS AGENDA ITEM:
YES X
NO
12-5-05
AGENDA ITEM NO. 6A
~":".~'T",(~'c~
Robin Matusick
Paralegal
"'L"Vvvv...&5...< \~~':~~- 0-
Kenneth R. Hooper '\ \
City Manager
SD-0501 - Oak Leafp)
2
AGENDA REQUEST
Date: December 9, 2005
PUBLI C
HEARING
x
RESOLUTION
ORDINANCE December 19. 2005
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-55
John S. Massey, requesting an amendment to
the Official Zoning Map to include 8.12::1: acres of
land located west of Massey Ranch Boulevard
and east of the Massey Ranch Airpark runway
as RPUD (Residential Planned Unit
Development) and approve the associated
RPUD Agreement.
APPLICANT/AGENT: John S. Massey
OWNER(S): Massey Enterprises
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as RPUD
(Residential Planned Unit Development) and approval of the associated RPUD Agreement.
PROPOSED USE: Development of six (6) townhome units.
LOCATION: West of Massey Ranch Boulevard and east of the Massey Ranch Airpark runway.
AREA: 8.12::1: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Medium Density Residential with Conservation Overlay
ZONING DISTRICT: Volusia County - A2 (Rural Agriculture)
VOTING DISTRICT: 1
SURROUNDING AREA
Current Land Use FLUM Designation Zoning District
North Vacant Medium Density Residential Volusia County - A2
with Conservation Overlay (Rural Agriculture)
East Single-Family Low Density Transition with RT (Rural Transitional)
Residential and Conservation Overlay and and
Vacant Medium Density Residential V olusia County - A2
with Conservation Overlay (Rural Agriculture)
South Vacant Medium Density Residential V olusia County - A2
with Conservation Overlay (Rural Agriculture)
West Airport Runway Public/Semi - Public V olusia County
RZ-0518 - Villas @MasseyRanch
Background
The applicant is proposing to develop a six (6)-unit townhome complex with attached airplane hangars.
There will be access to the Massey Ranch Airpark from each unit. Site plan approval will be required for
the development.
At their regular meeting of September 14, 2005, the Planning and Zoning Board voted to send a
favorable recommendation to City Council for the proposed Zoning Map amendment and associated
RPUD Agreement.
City Council approved Ordinance No. 2005-0-55 by a vote of 5-0 at first reading on December 5, 2005.
Land Use Compatibility
The proposed development of this site is compatible with the surrounding area. The Massey Ranch
Airpark development to the east is a 22-lot single-family residential subdivision with access to the
adjacent runway. Wildwood Subdivision is located to the northeast of this site.
Adequate Public Facilities
The property has access to Park Avenue via Massey Ranch Boulevard. City water and sewer is available
to this site.
Natural Environment
Biological Consulting Services, Inc (BCS) conducted an Environmental Assessment on June 23, 2005.
The study determined the soils on-site to be Immokalee sand and Pompano-Placid complex. The
land use and cover types present on-site were Improved Pasture and Mixed Wetland Hardwoods.
The proposed site-plan has indicated no impact to the wetlands on-site as all wetlands occur within
an existing conservation easement area. The site was also inspected for any endangered or
threatened species, including gopher tortoises and none were observed on-site.
Consistency with Comprehensive Plan
The proposed RPUD zoning designation is compatible with the existing Future Land Use Designation of
Medium Density Residential.
Other Matters
A site plan for this project will be presented to City Council at a later date.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-55; amending the Official Zoning Map to include
approximately 8.12:1: acres ofland located west of Massey Ranch Boulevard and east ofthe Massey Ranch
Airpark runway as RPUD (Residential Planned Unit Development) and approve the associated RPUD
Agreement.
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-55 and authorization for execution of the Planned Unit
Development Agreement.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
12-5-05
AGENDA ITEM NO. 6H
Respectfully Submitted By:
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Robin Matusick ~
Paralegal
\(~&\<.~ ~1"
Kenneth R. Ho~per
City Manager
RZ-0518 - Villas @ Massey Ranch
2
ORDINANCE NO. 2005-0-55
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY A-2 (RURAL
AGRICULTURE) TO CITY RPUD (RESIDENTIAL
PLANNED UNIT DEVELOPMENT) FOR PROPERTY
LOCA TED WEST OF MASSEY RANCH BOULEVARD AND
EAST OF THE MASSEY RANCH AIRPARK RUNWAY,
EDGEW A TER, FLORIDA; AUTHORIZING THE MAYOR TO
EXECUTE THE PLANNED UNIT DEVELOPMENT (PUD)
ZONING AGREEMENT FOR THE VILLAS AT MASSEY
RANCH SUBDIVISION; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEW A TER;
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. Massey Enterprises is the owner/applicant for property located West of Massey
Ranch Boulevard and East of the Massey Ranch Airpark Runway, Edgewater, Florida. Subject
property contains approximately 8.12 acres more or less.
2. The owner/applicant has submitted an application for a change in zonmg
classification from County A-2 (Rural Agriculture) to City RPUD (Residential Planned Unit
Development) for the property described herein.
3. On September 14,2005, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 6 - 0, the Board
recommended that City Council consider approval of the request.
4. On December 5, 2005, the City Council considered on first reading/public hearing
Stl t1Gk t1uotlgh passages are deleted.
Underlined passages are added.
2005-0-55
1
the proposed change in the zoning classification after publication of such hearing in the Observer
on November 23,2005.
5. On December 19,2005, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on December 8, 2005, and notifying by mail all
property owners who own real property directly affected by the proposed action and all property
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
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
Stl tick till otl~h passages are deleted.
Underlined passages are added.
2005-0-55
2
A-2 (Rural Agriculture) to City RPUD (Residential Planned Unit Development) pursuant to the
associated Planned Unit Development (PUD) Agreement for Villas at Massey Ranch Subdivision
(attached hereto and incorporated as Exhibit "B").
The following described real property all lying and being in the County of V olusia
and State of Florida.
A portion of Lot 136, ASSESSOR'S SUBDIVISION OF THE SAMUEL BETTS
GRANT, according to the plat thereof, as recorded in Map in Map Book 3, Page 153,
of the Public records of V olusia County, Florida, being described as follows:
Commence a the southwest corner of Wildwood Subdivision, Unit 3, according to
the plat thereof as recorded in Map Book 38, Page 35 of the Public Records of
V olusia County, Florida, thence North 20017' 14 " West, along the westerly line of said
Wildwood Subdivision, Unit 3, also being the easterly line of said Lot 136 and along
the easterly right of way of Massey Ranch Boulevard, a 100-foot right of way, as
shown on plat of Massey Ranch Airpark Unit 1, recorded in Map Book 44, Pages 68
through 70, inclusive, for the Public records of Vol usia County, Florida, a distance
of330.15 feet to the northeasterly corner of said Lot 136, thence South 69040'57"
West, along the northerly line of said Lot 136, a distance of 100- feet to the westerly
right of way of said Massey Ranch Boulevard and for the Point of Beginning; thence
South 20017'14" East, along said westerly right of way of Massey Ranch Boulevard,
a distance of 330.07 feet; thence South 20015'17" East, continuing along said
westerly right of way of Massey Ranch Boulevard and its southerly prolongation, a
distance of 598.79 feet; thence North 89041'51" West, a distance of 540.32 feet;
thence North 06016'50" West, a distance of761.33 feet to the southerly line of US
Lot 4, Section 31, Township 17 South, Range 34 East; thence North 69044'12" East,
along said southerly line of U.S. Lot 4, Section 31, a distance of26.02 feet to the
southeasterly corner ofU .S. Lot 4, Section 31, said point also being the southwesterly
corner of U.S. Lot 4, Section 32, Township 17 South, Range 34 East, thence North
69040'57" East, along the southerly line of said U.S. Lot 4, Section 32, a distance of
295.85 feet to the Point of Beginning.
Containing 8.12 ::!:: acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
StJ t1~k tIllotlgh passages are deleted.
Underlined passages are added.
2005-0-55
3
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
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 V olusia County, Florida.
PARTF.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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Underlined passages are added.
2005-0-55
4
PARTG.
ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilwoman Lichter, the vote on
the first reading of this ordinance held on December 5,2005, was as follows:
AYE
NAY
Mayor Mike Thomas X
Councilwoman Debra 1. Rogers X
Councilman Dennis Vincenzi X
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
After Motion by and Second by
the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
Stll:lGk tIll otl~h passages are deleted.
Underlined passages are added.
2005-0-55
5
PASSED AND DULY ADOPTED this 19th day of December, 2005.
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
Stl tick t1uotl[;h passages are deleted.
Underlined passages are added.
2005-0-55
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 19th day
of December, 2005 under Agenda Item No.
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THIS INSTRUMENT PREPARED BY:
Paul E. Rosenthal, Esquire
FOLEY & LARNDER, LLP
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 EDGEW A TER
P.O. Box 100
Edgewater, FL 32132-0100
For Recording Purposes Only
PLANNED UNIT DEVELOPMENT AGREEMENT
Villas at Massey Ranch
THIS AGREEMENT is made and entered into this day of ,2005 by
and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, whose mailing
address is P. O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter referred
to as "City") and Massey Enterprises, a Florida Corporation, with John S. Massey as the
authorized agent, owner, whose address is P.O. Box 949, New Smyrna Beach Florida 32170
(hereinafter referred to as "Developer"). The purpose of this Agreement is to define the terms and
conditions granting the development approval of the subject property.
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth
herein and other good and valuable consideration, the parties agree as follows:
1. LEGAL DESCRIPTION AND OWNER
The land subject to this Agreement is approximately 8.12::1: acres located on the west and
adjacent to Massey Ranch Boulevard, in Edgewater, V olusia County, Florida. The legal description
of the property is attached hereto as Exhibit" A" - Legal Description. The Record owner of the
subject property is Massey Enterprises, with John S. Massey as their authorized agent.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the land. The Developer
shall commence construction ofthe Villas at Massey Ranch, as defined by the Master Plan, dated
April 6, 2005 (Exhibit "B" included herein), within one (1) year of required permit approvals for
(Agreement/Zoning- Villas@MasseyRanch )
1
this project, or within eighteen (18) months of the effective date of this Agreement. Developer's
failure to initiate construction within one (1) year may result in the City's termination of the
Agreement. The City, at its sole option, may extend the duration of this Agreement. This
development must be consistent with the Master Plan and must be approved by City Council prior
to commencement of any authorized work. Final approval shall include, but not be limited to
utilities, stormwater, traffic, fire rescue, hydrants, law enforcement, environmental, solid waste
containment, and planning elements.
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 Villas at Massey Ranch Master Plan
dated April 6, 2005 (Exhibit "B"). The Villas at Massey Ranch shall be developed consistent with
the City's development procedures. Final project approval may be subject to change based upon
final environmental, permitting, and planning considerations. Use of the property will be as follows:
A. Average Lot Size/Unit Count
The Villas at Massey Ranch shall not exceed a total of six (6) multi-family dwelling units.
Based on the Final Site Plan approval, the total number of units may vary but the maximum
residential units allowed for the Villas at Massey Ranch Subdivision shall not exceed 0.75 gross
dwelling units per total acreage or a total of six (6) units.
This site shall meet all Land Development Code requirements pertaining to maximum
building coverage and impervious surface coverage.
B. Minimum House Square Footage
The minimum gross house square footage shall be at least 2,000 square feet living area under
aIr. In addition, each unit will have a minimum of a two (2) car enclosed garage. No carports will
be allowed. An attached aircraft hangar shall be permitted for each dwelling unit and aircraft shall
be allowed to operate within the site and between site and Massey Ranch Airpark, a publicly
licensed airport.
(Agreement/Zoning - V iIlas@MasseyRanch )
2
C. Minimum Yard Size and Setbacks:
All Lots
Front -25'
Rear - 20' and 300' from the centerline ofthe main runway easement
Side -7.5'
Side Comer - 10'
Maximum Height - 35'
Utility Easements - Utility easements to be granted to the City of Edgewater in
accordance with the approved site plan prior to construction.
D. Roads
On-site driveways and taxiways are to remain private, in common ownership, and maintained
by the Association with the exception ofthe northerly thirty-five (35') feet of the seventy (70') foot
Taxiway Easement as recorded in OR 4402, Page 2031, for use by adjacent property owners.
E. Storm water Management
The retention pond(s) will meet the requirements for the St. Johns River Water Management
District and the City of Edgewater Land Development Code. The pond(s) are approximately .643
acres and will be owned and maintained by the HOA. Developer is required to provide an outfall
to a publicly owned drainage conveyance system, and obtain an off-site drainage easement if
necessary .
Flood Plain Encroachment and Compensatory Storage Criteria.
Definitions
FEMA - Federal Emergency Management Agency
FIS - Flood Insurance Study
FIRM - Flood Insurance Rate Map
USGS - United States Geological Survey
NGVD29 - National Geodetic Vertical Datum of 1929
NA VD88 - North American Vertical Datum of 1988
SHWL - Seasonal High Water Level. The SHWL is defined as the elevation to
which ground or surface water can be expected to rise a during a normal wet season.
SHGWT - Seasonal High Ground Water Table. The SHGWT is defined as the zone
(Agreement/Zoning- Villas@MasseyRanch )
3
of water saturated soil at the highest average depth during the wettest season of the
year.
1 00- Year Flood Elevation - The flood elevation that has a one percent (1 %) change
of being equaled or exceeded each year.
The on-site IOO-year flood elevation shall be established to the satisfaction of the City
Engineer.
Establishing the IOO-year flood elevation may be based upon a combination of:
FEMA FIS; FEMA FIRM panels; approved drainage studies of a comprehensive and
regional nature; and site-specific assessments signed and sealed by a professional
engineer licensed to practice in the State of Florida.
Projects located near the HOAst should evaluate any flooding effects associated with
both storm surge (FEMA Zones V and VE) and the freshwater flood (FEMA Zones
A, AE, AH and AO).
In the case of conflicting information, the City will rely upon the highest elevation,
unless reasonable assurance can be provided that a lower elevation is justified.
Under no circumstances will the City accept a IOO-year flood elevation determined
by overlaying a FEMA Zone A delineation with any topographic contour
information.
Construction plans and drainage basin maps shall annotated to clearly and accurately
delineate the flood plain encompassed by the applicable on-ste 100-year flood elevation.
Topographic and flood plain mapping shall provide a minimum accuracy to a tenth of a foot
(i.e. I-foot topographic contour interval and IOO-year flood elevation to one decimal
accuracy). USGS quadrangle maps depicting 5-foot topographic contours are not adequate
to comply with these design standards.
Flood plains shall be delineated for all storage areas located within the property boundary
as defined by the pre-development topography, even if these areas are not illustrated on
(Agreement/Zoning- Villas@MasseyRanch )
4
FEMA FIRM panels.
Historically, flood elevations published by FEMA and other governmental agencies have
been determined using the NGVD29 datum, or for that matter any other vertical datum, a
"datum shift" may be required to "adjust" the applicable on-site 1 OO-year flood elevation to
a common and consistent datum.
The SHGWT shall be established by drilling a sufficient number of geotechnical borings,
whereas the SHWL shall be determined by an ecological assessment of hydric soils,
vegetative cover, wetland species, lichen lines, etc. The SHWL and/or SHGWT shall be
determined for all wetlands, depressions, and any other low areas within the property
boundary that are capable of impounding stormwater runoff on the developed property.
Flood plain encroachment shall be computed for all fill placed within the flood plain below
the IOO-year flood elevation and above the predicted SHGWT or SHWL.
Compensatory storage for all 100-year flood plain encroachments shall be provided in
accordance with the following requirements:
Compliance will be based upon a volume for volume ("cup for cup") methodology,
with the volume of compensation equal to the volume of encroachment at each and
every elevation (I-foot contour interval). Providing compensating storage equal to
the volume of encroachment at each elevation will provide equivalent flood plain
management for all storm events of magnitude less than the lOO-year storm event,
and is intended to prevent cumulative water quality impacts.
Storage creation must occur below the existing 1 OO-year flood elevation and above
the predicted SHGWT and/or SHWL.
Compensation must occur within dedicated storage areas excavated contiguous to,
but outside of, the existing 100-year flood plain.
(Agreement/Zoning- Villas@MasseyRanch )
5
Under no circumstances will compensatory flood storage be allowed within ponds
that also provide stormwater management (retention and/or detention) for the
proposed development.
The City may approve the creation of offsite compensatory storage areas located
outside the property boundary on a case-by-case basis.
The City reserves the right to enforce additional criteria upon any project that is
located within what the City considers a special flood hazard area. At the City's
discretion, additional flood control measures may be required to adequately protect,
upstream systems, downstream systems, and/or offsite properties.
F. Signage
All subdivision signage will be located within common areas along the main entrance road
(not within public right-of-way) to the subdivision and must meet all requirements of the Land
Development Code. A written easement dedicated to the HOA must be recorded for the location
of the sign. Developer shall dedicate all sign locations to the HOA.
G. Trees
Trees shall installed be per the approved Landscape Plans in the Site Plan. Trees shall be
2 W' in diameter, measured six-inches (6") above the soil line and shall be of a variety listed in
Exhibit "C" - Trees. A tree survey shall be provided prior to site/construction plan approval. The
purpose of the tree survey shall be to determine the number of specimen and historic trees and to
determine the tree mitigation requirements.
Statistical tree survey information may be considered a the discretion of the Planning
Director. However, such statistical surveys shall be limited to sites contained an overstory
consisting predominantly of trees in uniform in age, species and distribution, which do not contain
specimen or historic trees. Statistical surveys must be conducted in compliance with accepted
forestry practices.
All other City and County minimum tree protection standards shall be satisfied for this
development.
(Agreement/Zoning- VilIas@MasseyRanch )
6
H. Entrance to Subdivision
Entrance to the development shall be via Massey Ranch Boulevard. All landscaping and
irrigation shall be maintained by the Association.
1. Common Area/Open Space
All undeveloped/open space shall be dedicated to and maintained by the Association.
J. Model Homes and Temporary Office
Temporary structures may be permitted as a temporary sales office while a model home is
under construction. Such temporary offices shall only be permitted for an interim period not to
exceed sixty (60) days or until completion of the first unit, whichever occurs first.
Model units shall only be allowed upon compliance with the following requirements:
(a) Provision for fire protection, including testing and approval ofthe water system by
the Florida Department of Environmental Protection (FDEP), if on-site hydrants are
required to service the area where the proposed models will be constructed.
(b) Construction of access driveways to the model unit sites prior to building permit
issuance, to the extent necessary to allow sufficient access by City vehicles for
inspections.
(c) Permanent utility connections cannot be made until the sanitary sewer system has
been completed and certified to FDEP.
Additional requirements, restrictions and conditions may be imposed by the City to address
specific site or project concerns. A certificate of completion issued as provided in the Standard
Building Code shall be deemed to authorize limited occupancy of model units.
Flags or insignias which read "model", "open", "open house" or any other phrase which
identifies property for real estate purposes may be displayed in the following locations and numbers.
The maximum height of such flags shall be eight feet (8') with a maximum size of fifteen (15)
square feet.
(a) Project not to exceed two (2) flags.
K. Declaration of Covenants, Conditions and Restrictions
The Declaration of Covenants, Conditions and Restrictions; Articles of Incorporation, and
By-Laws for the Condominium Association will be recorded in the public records of V olusia
County at the time the site plan is approved.
(Agreement/Zoning- Villas@MasseyRanch )
7
4. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for the Villas at Massey Ranch Subdivision is Medium
Density Residential with Conservation Overlay. The zoning designation for The Villas at Massey
Ranch Subdivision shall be RPUD (Residential Planned Unit Development) as defined in the City
Land Development Code. The City of Edgewater's permitted uses for RPUD (Residential Planned
Unit Development) are applicable to the development of the property and consistent with the
adopted Comprehensive Plan/Future Land Use Map.
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 water system at the nearest point of connection,
within the right-of-way of Massey Ranch Boulevard. 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 issuance of the
Development Order.
B. Developer agrees to connect to and utilize the City's wastewater transmission and
collection system. 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 issuance of the Development Order.
C. The City has determined that reclaimed water is unavailable and will not be available
in the foreseeable future. Therefore, there is no City requirement to install any reclaimed piping.
Therefore, the Developer shall provide irrigation by well and all irrigation systems shall be approved
by all applicable regulatory agencies.
D. Developer agrees to provide at no cost to the City on and off site current and future
utility and drainage easements for drainage and utility service consistent with this provision.
E. All utility services will be underground.
F. Off-site improvements (including but not limited to intersection improvements, turn
lanes, acceleration lanes, deceleration lanes, signalization) are the developer's responsibility and
shall meet all City, County and/or State requirements and approval.
G. Development/Impact fees for each dwelling unit will be paid in accordance with the
following schedule:
(Agreement/Zoning- Villas@MasseyRanch )
8
Water - Pay 100% of the applicable impact fees to the city by applicant at the time
the permit application is signed by the City, thereby reserving requisite water
capacity.
Sewer - Pay 100% of the applicable impact fees to the city by applicant at the time
the permit application is signed by the City, thereby reserving requisite sewer
capacity.
Police, Fire, Recreation - Paid to City by applicant at the time of Building Permit
application.
Roads - Paid to City by applicant at the time of each 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.
Voluntary Stormwater Basin Fee - One-hundred dollars ($100) per unit paid at the
time of each Building Permit Application.
V oluntary Animal Shelter Impact Fee - One hundred dollars ($100) per unit paid at
the time of each Building Permit Application.
The amount of all required impact fees shall be at the prevailing rate authorized at the time
of payment of impact fees.
H. All infrastructure facilities and improvements shall be constructed in compliance
with applicable federal, state, and local standards.
1. A concurrency review shall be conducted to ensure that all required public facilities
are available concurrent with the impacts of the development.
J. Developer agrees to reimburse the City of Edge water for direct costs associated with
the legal review, engineering review and construction inspection related to the Villas at Massey
Ranch Subdivision development approval and the construction of required infrastructure
improvements and the review and approval of the final plat.
K. The developer shall provide all public facilities to support this project including the
following:
1.
2.
3.
Water Distribution System including fire hydrants.
Sewage Collection and Transmission System including lift station.
Stormwater collection/treatment system, including outfall system.
(Agreement/Zoning- Villas@MasseyRanch )
9
4. Provide all required pavement marking and signage (stop signs, road signs, etc.)
within the Subdivision. All signage shall comply with Florida Department Of
Transportation (FDOT) standards.
5. Developer is responsible for costs of recording the plat upon approval by the City of
Edgewater.
6. Bonds - A Performance Bond may be accepted by the City and shall be 110% of the
costs of all remaining required improvements. A Maintenance Bond equal to 10%
of the cost of the infrastructure improvements shall be provided to the City prior to
issuance of a Development Order. The Maintenance Bond shall be in effect for a
two (2) year period.
7. Streetlights shall be reflected in the Declaration of Covenants and Restrictions, and
maintained by the Condominium Association and be installed by the Developer at
time of installation of the infrastructure or prior to the Certificate of Occupancy
issuance for the first dwelling unit.
8. Sidewalks shall be constructed on both sides of the streets/roadways and have a
minimum width of four feet (4') and shall be constructed prior to issuance of a
Certificate of Occupancy on each building lot. Developer shall provide a bond or
surety in a form acceptable to the City in the amount of$1 0.00 per lineal foot for two
(2) years. If sidewalks are not completed within two (2) years, the developer will
install the remaining sidewalks. All sidewalks shall be maintained by the HOA.
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 and is compliant with all concurrency requirements set forth in
said documents.
7. DEDICATION OF LAND FOR PUBLIC PURPOSES
The Developer shall convey to the City of Edgewater, by warranty deed and title insurance
free and clear of all liens and encumbrances, all roadway right of ways and all utility easements as
required. The Villas at Massey Ranch Subdivision has designated 5.947::1: acres as open space, to
be maintained by the HOA.
(Agreement/Zoning- Villas@MasseyRanch ) 10
8. PERMITS REQUIRED
The Developer will obtain required development permits or letters of exemption. Permits
may include but not be limited to the following:
1. Florida Department of Transportation, Department of Environmental Protection, Department
of Health, St. Johns River Water Management District, Army Corps of Engineers, Florida
Fish and Wildlife Conservation Commission and Volusia County.
2. City of Edgewater - Rezoning, Subdivision Plat approval, Subdivision Construction Plan
approval, all applicable clearing, removal, construction and building permits.
3. Minimum finished floor elevation shall be 12.50 feet.
9. DEVELOPMENT REQUIREMENTS
Failure ofthis 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.
Developer shall establish a mandatory Homeowners Association (HOA) for the purpose of
maintaining the property and enforcing applicable covenants and restrictions. The mandatory
HOA will also be responsible for the streetlight requirements that result from the project
including payment to Florida Power and Light for installation, maintenance and power
consumption and the maintenance of the stormwater areas within the Villas at Massey Ranch
as common area tract as depicted on the plans. The HOA documents, including applicable
Articles of Incorporation; Covenants and Restrictions; and By-Laws shall be reviewed and
approved by the City prior to final plan approval.
10. HEALTH SAFETY AND WELFARE REQUIREMENTS
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.
(Agreement/Zoning- Villas@MasseyRanch ) 11
11. 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. Ifthe 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.
12. PERFORMANCE GUARANTEES
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.
13. 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.
14. RECORDING
Upon execution by all parties, the City shall record the Agreement with the Clerk of the Court in
V olusia County. The cost of recording shall be paid by the Developer.
15. 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 ofthis Agreement, the Agreement may be revoked
or modified by the City.
16. APPLICABLE LAW
This Agreement and the provisions contained herein shall be construed, controlled, and interpreted
according to the laws of the State of Florida.
17. TIME OF THE ESSENCE
Time is hereby declared of the essence to the lawful performance of the duties and obligations
(Agreement/Zoning- Villas@MasseyRanch ) 12
contained in the Agreement.
18. 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, will require City
Council approval.
19. 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.
20. SPECIFIC PERFORMANCE
Both the City and the Developer shall have the right to enforce the terms and conditions of this
Agreement by an action for specific performance.
21. 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
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.
22. 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.
23. 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.
24. SEVERABILITY
If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held
(AgreementlZoning- ViIlas@MasseyRanch ) 13
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 to be made and entered into
the date and year first written above.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Susan J. Wadsworth
City Clerk
Mike Thomas
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Witnessed by:
John Massey
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before my on this _day of _2005, by
, and who has produced as
identification and who did (did not) take an oath.
Notary Public
Stamp/Seal:
(Agreement/Zoning- Villas@MasseyRanch ) 14
EXHIBIT" A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Vol usia and State of
Florida:
A portion of Lot 136, ASSESSOR'S SUBDIVISION OF THE SAMUEL BETTS GRANT, according
to the plat thereof, as recorded in Map in Map Book 3, Page 153, of the Public records of Vol usia
County, Florida, being described as follows: Commence at the southwest comer of Wildwood
Subdivision, Unit 3, according to the plat thereof as recorded in Map Book 38, Page 35 ofthe Public
Records of Vol usia County, Florida, thence North 20017'14" West, along the westerly line of said
Wildwood Subdivision, Unit 3, also being the easterly line of said Lot 136 and along the easterly
right of way of Massey Ranch Boulevard, a 1 OO-foot right of way, as shown on plat of Massey Ranch
Airpark Unit 1, recorded in Map Book 44, Pages 68 through 70, inclusive, for the Public records of
V olusia County, Florida, a distance of330.15 feet to the northeasterly comer of said Lot 136, thence
South 69040'57" West, along the northerly line of said Lot 136, a distance of 100-feet to the westerly
right of way of said Massey Ranch Boulevard and for the Point of Beginning; thence South 200 1 7' 14"
East, along said westerly right of way of Massey Ranch Boulevard, a distance of330.07 feet; thence
South 20015'17" East, continuing along said westerly right of way of Massey Ranch Boulevard and
its southerly prolongation, a distance of 598.79 feet; thence North 89041'51" West, a distance of
540.32 feet; thence North 06016'50" West, a distance of761.33 feet to the southerly line of US Lot
4, Section 31, Township 17 South, Range 34 East; thence North 69044'12" East, along said southerly
line of US. Lot 4, Section 31, a distance of 26.02 feet to the southeasterly comer of U.S. Lot 4,
Section 31, said point also being the southwesterly comer of US. Lot 4, Section 32, Township 17
South, Range 34 East, thence North 69040'57" East, along the southerly line of said US. Lot 4,
Section 32, a distance of295.85 feet to the Point of Beginning.
Containing 8.12 acres, more or less.
(Agreement/Zoning- Villas@MasseyRanch ) 15
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HARPSTER ENGINEERING & SURVEYING. INC.
CONSULTANlS CIVIL ENGINEERS SURIlEYORS PLANNERS
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DAYTONA BEAOi. FI. 32118 PHONE, (386)253-32+, FAX, (386)253-2502
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THE VILLAS AT MASSEY RANCH
DIMENSION PLAN
EXHIBIT "C"
TREES
eCles
(Agreement/Zoning-Villas@MasseyRanch) 17
AGENDA REQUEST
Date: December 9. 2005
PUBLI C
HEARING December 19. 2005
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
1 st Reading - Ordinance No. 2005-0-57
Robert E. Jalbert, Sr, the previous owner/applicant who
has transferred the property to Douglas Klein,
requesting an amendment to the Official Zoning Map to
include 1.15::1:: acres of land located at 3208 Eels Grove
Road as RT (Rural Transitional).
APPLICANT/AGENT: Douglas Klein
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as RT (Rural Transitional).
PROPOSED USE: Singel-Family Residential
LOCATION: 3208 Eels Grove Road
AREA: 1.15::1:: acres
CURRENT LAND USE: Single Family Residential
FLUM DESIGNATION: Low Density Transition
ZONING DISTRICT: Volusia County - A2 (Rural Agriculture)
VOTING DISTRICT: 2
SURROUNDING AREA
Current Land Use FLUM Designation Zoning District
North Borrow Pit and Single Agriculture with Conservation Volusia County A-3
Family Residential Overlay (Transitional Ae-riculture)
East Single Family Volusia County Rural Volusia County A-2 (Rural
Residential Ae-riculture)
South Vacant/Single family V olusia County Rural Volusia County A-2 (Rural
Residential Ae-riculture)
West Vacant/Agriculture Volusia County Rural and City Volusia County A-2 (Rural
of Edgewater Mixed Use with Agriculture)
Conservation Overlay
RZ-0409 - Klein - Jalbert
Background
This parcel is located on Eels Grove Road and has a single-family residence on site. There are no proposed
changes to the current use.
The Planning and Zoning Board considered the application for a change in zoning classification at their regular
meeting of December 14, 2005.
Land Use Compatibility
The current use of this property is compatible with the surrounding area, which has a mix of residential and
agricultural uses.
Adequate Public Facilities
This site has access to Eels Grove Road. City water and sewer is not available at this time, but will be required
prior to any further development.
Natural Environment
Soil types include Eau Gallie Fine Sand
Vegetation - Generalized Agriculture Open Water
Consistency with Comprehensive Plan
The RT (Rural Transitional) zoning classification is compatible with the Future Land Use Designation of
Low Density Transition.
Other Matters
The Zoning Map amendment shall be completed at a later date.
STAFF RECOMMENDATION
Staffrecommends approving Ordinance No. 2005-0- 57, amending the Official Zoning Map to include 1.15:f: acres
ofland located at 3208 Eels Grove Road as RT (Rural Transitional).
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-57.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
~~~il',1 rJi.
Ro in Matusick "-
Paralegal
\(;. "L 9..
Kenneth R. Hooper
City Manager
~t
RZ-0409 - Klein - Jalbert
2
ORDINANCE NO. 2005-0-57
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY A-2 (RURAL
AGRICULTURE) TO CITY RT (RURAL TRANSITIONAL)
FOR PROPERTY LOCATED AT 3208 EELS GROVE ROAD,
EDGEWATER, FLORIDA; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEWATER;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Robert E. Jalbert, Sr, was the previous owner/applicant who transferred the property
located at 3208 Eels Grove Road, Edgewater, Florida to Douglas J. Klein on May 25, 2005. Subject
property contains approximately 1.15 acres more or less.
2. The owner/applicant has submitted an application for a change in zonmg
classification from County A-2 (Rural Agriculture) to City RT (Rural Transitional) for the property
described herein.
3. On December 14,2005, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of _ - _, the
Board recommended that City Council consider approval of the request.
4. On December 19,2005, 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 December 8,2005.
5. On January 9, 2006, the City Council held a public hearing on the application after
Stltl~k thl6tlgh passages are deleted.
Underlined passages are added.
2005-0-57
1
publishing notice of such hearing in the Observer on December 29,2005, and notifying by mail all
property owners who own real property directly affected by the proposed action and all property
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.
to. 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
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-2 (Rural 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.
Stl t1Gk tIuotlgh passages are deleted.
Underlined passages are added.
2005-0-57
2
A part of Lot 7, Model Land Company, Subdivision of Section 8, Township 18
South, Range 34 East, as shown on map in Map Book 5, Page 188, of the Public
Records of V olusia County, Florida, and being more particularly described as
follows: Commence at the Southwesterly corner of Lot 9, said Model Land Company
Subdivision, said point of commencement also being the center of said Section 8,
Township 18 South, Range 34 East; thence North 01002'59" West along the Westerly
line of Lots 8 and 9, said Model Land Company Subdivision, a distance of 1,320.75
feet to the Northwest corner of said Lot 8; thence North 89033'41" East along the
Northerly line of said Lots 7 and 8, a distance of 1,016.56 feet for the Point of
Beginning; thence continue North 89033' 41" East, a distance of 215.00 feet; thence
South 01002'44" East, a distance of 232.60 feet; thence South 89033'41" West, a
distance of215.00 feet; thence North 01002'44" West, a distance of232.60 feet to the
Point of Beginning, excepting therefrom the Northerly 30.00 feet to road purposes,
containing a net acreage of 1.00 acre.
Containing 1.15 :i: 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
StltJck tlllongh passages are deleted.
Underlined passages are added.
2005-0-57
3
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PARTE.
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.
PARTF.
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 December 19,2005, was as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
Stltl~k tllJotlgh passages are deleted.
Underlined passages are added.
2005-0-57
4
After Motion by
and Second by
the vote on the second reading of this ordinance 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 9th day of January, 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
StnlGk t1l1otlgh passages are deleted.
Underlined passages are added.
2005-0-57
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 9th day of
January, 2006 under Agenda Item No. 6_.
5
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AGENDA REQUEST
C.A. NO.: 2005-2]3
Date: December ]2.2005
PUBLIC
HEARING ]2/19/2005
RESOLUTION
ORDINANCE
] 2/19/2005
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Ordinance #2005-0-53 -
An Ordinance amending Section ] -9 (Additional Court Cost for Law
Enforcement Education) of Chapter 1 (General Provisions) of the Code
of Ordinances.
BACKGROUND:
In 2002, City Council adopted modifications to Chapter 1 (General Provisions) that established a
schedule of fines, fees and/or penalties that were to be established by Council. Ordinance #2005-0-53
provides that Section] -9 (Additional Court Cost for Law Enforcement Education) will be amended to
reflect that all changes would be made pursuant to the Florida Statutes and as established and modified
by resolution of the City Council.
During the December 5,2005 City Council meeting, Council approved this Ordinance at first reading.
STAFF RECOMMENDATION:
Staff recommends approval of Ordinance #2005-0-53 which reflects that changes would be pursuant
to the Florida Statutes and established by resolution of the City Council.
ACTION REQUESTED:
Motion to approve Ordinance #2005-0-53.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES X
NO
DATE: December 5.2005
AGENDA ITEM NO.
6H
Respectfully submitted,
Concurrence:
~~~~\
Robin L. Matusick \
Paralegal
rIm
ORDINANCE NO. 2005-0-53
AN ORDINANCE AMENDING SECTION 1-9 (ADDITIONAL
COURT COST FOR LA WENFORCEMENT EDUCATION) IN
CHAPTER 1 (GENERAL PROVISIONS) OF THE CODE OF
ORDINANCES, CITY OF EDGEW A TER, FLORIDA;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
CODIFICATION, AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Adoption of Ordinance #2002-0-17 provided for establishment of a schedule of fines,
fees and/or penalties for violation of all penal ordinances and provided for additional court costs for
law enforcement education.
2. Ordinance #2002-0-17 also provided for the schedule of fines, fee and/or penalties
along with the additional court costs for law enforcement education to be established by City
Council.
3. Chapter 1, Section 1-9 (Additional court cost for law enforcement education) should
be amended to reflect that changes would be made pursuant to Florida Statutes and as established
and modified by resolution of the City Council.
NOW THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida:
PART A.
AMENDING SECTION 1-9 (ADDITIONAL COURT COST FOR LAW
ENFORCEMENT EDUCATION) IN CHAPTER 1 (GENERAL
PROVISIONS) OF THE CODE OF ORDINANCES.
Section 1-9 is hereby amended to read as follows:
Stl UGk tluough passages are deleted.
Underlined passages are added.
2005-0-53
1
Sec. 1-9.
Additional court cost for law enforcement education.
1)
There is hereby assessed by the City of Edgewater, in compliance with Section
318.18(11 )(b) and Section 938.15, Florida Statutes, an additional two dolla15 ($2.00)
amount as authorized by the appropriate section of the Florida Statutes and adopted
by resolution of the City Council, as court costs against every person convicted for
violation of a state penal or criminal statute or state traffic law or convicted of a
municipal or county ordinance or who admits to the commission of a traffic
infraction, where said offense occurred within the City of Edgewater. In addition,
two dolla15 ($2.00) an amount as authorized by the appropriate section ofthe Florida
Statutes and adopted by resolution of the City Council shall be deducted from every
bond estreature or forfeited bail bond related to such penal statutes or ordinances.
However, no such assessment shall be made against any person convicted for
violation of any state statute, municipal or county ordinance relating to the parking
of vehicles.
2)
All such assessments shall be collected by the appropriate court and shall be remitted
to the city and marked for law enforcement education and training for members of
the Police Department. The use and expenditure of such funds shall be in accordance
with education and training programs for law enforcement personnel~ as determined
by the chief of police and in accordance with Section 938.15, Florida Statutes.
PART B.
NOTICE TO THE COURT ADMINISTRATOR.
The City Clerk is hereby directed to transmit a certified copy of this Ordinance and any
related resolution to Mark Weinberg, Court Administrator, Courthouse Annex, 125 East Orange
Avenue, Room #200, Daytona Beach, Florida 32114.
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,
Stl tlGk t1110Ugh passages are deleted.
Underlined passages are added.
2005-0-53
2
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E.
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 G shall not be codified.
PARTF.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PARTG.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilman Vincenzi, the vote on
the first reading of this ordinance held on December 5, 2005, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Debra J. Rogers X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
Stl tick till ough passages are deleted.
Underlined passages are added.
2005-0-53
3
After Motion by
and Second by
, the vote
on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Mike Thomas
Councilman Debra J. Rogers
Councilman Dennis A. Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this 19th day of December, 2005.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Susan J. Wadsworth
City Clerk
Mike Thomas
Mayor
Robin L. Matusick
Legal AssistantlParalegal
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
Approved by the City Council of the City of
Edgewater at a meeting held on this 19th day
of December, 2005 under Agenda Item No.
6
Stl tIck till otIgh passages are deleted.
Underlined passages are added.
2005-0-53
4
AGENDA REQUEST
C.A. NO.: 2005-214
Date: December 12,2005
PUBLIC
HEARlNG 12/19/2005
RESOLUTION
ORDINANCE
12/19/2005
BOARD
APPOlNTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Ordinance #2005-0-54 -
An Ordinance amending Section 5-70 (Enforcement) of Chapter 5
(Animals & Fowl-Animal Control) of the Code of Ordinances.
BACKGROUND:
In 1997, City Council enacted a Schedule of Fees, Surcharges and Civil Penalties relating to Chapter
5 (Animals and Fowl-Animal Control). Ordinance #2005-0-54 provides that Section 5-70
(Enforcement) will be amended to reflect that all changes would be made pursuant to the Florida
Statutes and as established and modified by resolution of the City Council.
During the December 5, 2005 City Council meeting, Council approved this Ordinance at first reading.
STAFF RECOMMENDATION:
Staff recommends approval of Ordinance #2005-0-54 which reflects that changes would be pursuant
to the Florida Statutes and established by resolution of the City Council.
ACTION REOUESTED:
Motion to approve Ordinance #2005-0-54.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES X
NO
DATE: December 5,2005
AGENDA ITEM NO.
61
Respectfully submitted,
Concurrence:
~~
Robin L. Matusick
Paralegal
rIm
ORDINANCE NO. 2005-0-54
AN ORDINANCE AMENDING SECTION 5-70
(ENFORCEMENT) OF CHAPTER 5 (ANIMAL CONTROL-
ANIMALS AND FOWL), ARTICLE VI (ENFORCEMENT AND
PENAL TIES) OF THE CODE OF ORDINANCES, CITY OF
EDGEW ATER, FLORIDA; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE
AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. In 1997 City Council enacted of a "Schedule ofF ees, Surcharges and Civil Penalties"
relating to Chapter 5 (Animal Control) of the Code of Ordinances.
2. Chapter 5, Section 5-70 (Enforcement) should be amended to reflect that changes
would be made pursuant to Florida Statutes and as established and modified by resolution of the
City Council.
NOW THEREFORE, BE IT ENACTED by the People ofthe City of Edgewater, Florida:
PART A.
AMENDING SECTION 5-70 (ENFORCEMENT) OF CHAPTER 5
(ANIMAL CONTROL-ANIMALS AND FOWL), ARTICLE VI
(ENFORCEMENT AND PENAL TIES) OF THE CODE OF
ORDINANCES.
Section 5-70 is hereby amended to read as follows:
Sec. 5-70.
Enforcement.
(a) An animal control officer who has probable cause to believe that a violation of this
chapter has occurred shall do one or more of the following:
(1) Issue a warning to the person who has committed the violation.
(2) Issue a citation to the person who has committed the violation.
Stl tick till otlgh passages are deleted.
Underlined passages are added.
2005-0-54
(3) Impound the animal involved.
The determination that a violation has occurred may be the result of the animal control officer's own
investigation or as the result of a complaint by an aggrieved person.
(b) A violation of this chapter, except as otherwise provided, constitutes a civil infraction
punishable by a civil penalty not to exceed five hundred dollars ($500.00). Penalties for violation
of specific sections ofthis chapter shall be established by resolution of the City Council. If a person
who has committed the violation does not contest the citation, a civil penalty of less than the
maximum allowed will be assessed. Any citation may be contested in county court.
(c) Each day or fraction thereof during which a violation of this chapter continues shall be
considered as a separate offense.
(d) It shall be mandatory for an owner of an animal to appear in court under the following
circumstances:
(1) When any violation of this chapter results in the unprovoked biting, attacking
or wounding of another animal.
(2) When any violation of this chapter results in the destruction or loss of
personal property and such destruction or loss exceeds one hundred and
001100 dollars ($100.00) in value.
(3) When a person is cited with a second or subsequent violation of Section 5-19
involving animal cruelty.
(4) When a person is cited with a third or subsequent violation of any section of
this chapter.
(e) If a person fails to pay the civil penalty, fails to appear in court to contest the citation, or
fails to appear in court as required, the court may issue an order to show cause upon the request of
the City. This order shall require the person to appear before court to explain why action on the
citation has not been taken. If any person who is issued such an order fails to appear in response to
the court's directive, that person may be held in contempt of court.
(f) The commission of a charged infraction at a hearing authorized pursuant to this chapter
must be proven by a preponderance of the evidence.
(g) Any person who willfully refuses to sign and accept a citation issued by an animal control
officer is guilty of a misdemeanor of the second degree, punishable as provided in Section 775.082
or 775.083, Florida Statutes.
(h) The City Council may by resolution impose a surcharge of up to five, dollars ($5.00) in
an amount as authorized pursuant to Section 828.27(4 )(b). Florida Statutes and adopted by resolution
of the City Council upon each civil penalty imposed for violation ofthis chapter. The proceeds from
such surcharge shall be used to pay the costs of training for animal control officers.
(i) In addition to the civil penalty, the City shall include on the citation any costs assessed
against the owner of an animal by operation of this chapter which remain unpaid as of the time a
citation is issued.
Stlltck thtotlgh passages are deleted.
Underlined passages are added.
2005-0-54
2
PART B.
NOTICE TO THE COURT ADMINISTRATOR.
The City Clerk is hereby directed to transmit a certified copy of this Ordinance and any
related resolution to Mark Weinberg, Court Administrator, Courthouse Annex, 125 East Orange
Avenue, Room #200, Daytona Beach, Florida 32114.
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
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E.
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 G shall not be codified.
PARTF.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
Stltlck thle.t1gh passages are deleted.
Underlined passages are added.
2005-0-54
3
PART G.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on December 5, 2005, was as follows:
AYE
NAY
Mayor Mike Thomas
x
Councilman Debra J. Rogers
x
Councilman Dennis A. Vincenzi
x
Councilwoman Harriet B. Rhodes
x
Councilwoman Judy Lichter
x
After Motion by
and Second by
, the vote
on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Mike Thomas
Councilman Debra J. Rogers
Councilman Dennis A. Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
StI tick tilt ongh passages are deleted.
Underlined passages are added.
2005-0-54
4
PASSED AND DULY ADOPTED this 19th day of December, 2005.
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
StltlGk tln(mgh passages are deleted.
Underlined passages are added.
2005-0-54
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 19th day
of December, 2005 under Agenda Item No.
6
5
AGENDA REQUEST
Date: November 22, 2005
PUBLIC
HEARING
RESOLUTION December 19, 2005 ORDINANCE
BOARD
APPOINTMENT
OTHER
CONSENT BUSINESS
ITEM DESCRIPTION:
Resolution # 2005-R-17
A resolution adopting the Comprehensive Emergency Management Plan
(CEMP).
BACKGROUND:
The City of Edgewater Comprehensive Emergency Management Plan (CEMP) outlines operational
procedures and identifies responsibilities for city staff personnel in regards to the preparation, response
and recovery from localized disasters. The Plan was reviewed by V olusia County Emergency
Management to ensure that it complied with their plan requirements as well as criteria identified in
Florida Administrative Code Chapter 9G-6, Review of local emergency management plans.
Adoption of the Resolution will also require that the city staff is trained in reference to their
responsibilities within the plan along with the requirement that the plan is routinely reviewed and
updated as needed.
STAFF RECOMMENDATION:
Staff recommends adoption of resolution # 2005-R-17
ACTION REQUESTED
Motion to adopt resolution # 2005-R-17
FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/ A
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
N/A
AGENDA ITEM NO. N/A
Respectfully submitted,
\~~~~~--J-{'
Robin Matusick ~.
Paralegal
'I-" \~~ ~
Ken Hooper \
City Manager
RESOLUTION NO. 2005-R-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW A TER, FLORIDA, ADOPTING THE COMPREHENSIVE
EMERGENCY MANAGEMENT PLAN (CEMP) DATED JUNE
2005; REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida has made the following
determinations:
I. Chapter 252.38(2), Florida Statutes, authorizes emergency management powers of political
subdivisions, and encourages municipalities to create emergency management programs and plans;
2. Chapter 252.35(2)(b), Florida Statutes, Emergency Management Powers, requires that each
municipality's emergency management plan comply with all standards and requirements applicable to
county emergency management plans; and
3. Volusia County Emergency Management has reviewed and approved the City of
Edgewater's Comprehensive Emergency Management Plan (CEMP) and has determined that the City's
Plan is in compliance with all requirements contained in the Florida Administrative Code, Chapter 90-6,
Review of local emergency management plans.
NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida:
Section 1. City of Edgewater hereby adopts the Comprehensive Emergency Management Plan
(CEMP), which is hereby attached and incorporated herein as Exhibit "A".
Section 2. City staffwill routinely review and update the CEMP to ensure that the Plan is current
and consistent with federal, state and county laws.
Section 3. It will be the policy of the City to train all public officials, department directors,
supervisors and staff with their responsibilities as identified in the CEMP.
Section 4. All resolutions or parts of resolutions in conflict herewith be and same are hereby
repealed.
Section 5. If any portion of this resolution is for any reason held or declared to be
unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this
2005-R-17
1
resolution. If this resolution or any provisions thereof shall be held to be inapplicable to any person,
property, or circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
Section 6. This resolution shall take effect upon adoption.
After Motion by
and Second by
, the
vote on this resolution was as follows:
AYE
NAY
Mayor Mike Thomas
Councilman Debra J. Rogers
Councilman Dennis A. Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judith Lichter
PASSED AND DULY ADOPTED this 19th day of December, 2005.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Susan J. Wadsworth
City Clerk
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
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
Approved by the City Council of the City of
Edgewater at a Special Meeting held on the 19th
day of December, 2005.
2005-R-17
2
City of Edgewater
Comprehensive Emergency
Management Plan
Executive Summary
Version June 2005
Executive Summary
Introduction
The Edgewater Comprehensive Emergency Management Plan (CEMP) has been
developed to guide the emergency response of the City of Edgewater to disasters and
catastrophic events. The Edgewater CEMP identifies the basic emergency preparedness,
response, recovery and mitigation mechanisms necessary for all City departments, the
City Manager, the City Council and other supporting organizations to receive notification
of emergency events, to mobilize needed resources, to evaluate emergency situations and
make policy decisions. It allows them to implement emergency response and disaster
recovery actions, and to de-mobilize resources and personnel as needed. This plan is
designed to be consistent with V olusia County and the State of Florida's emergency
plans. This plan is maintained by the City of Edgewater Emergency Preparedness Task
Force, and is implemented by the City of Edgewater Emergency Response Team.
For the purposes of this plan, the City of Edgewater has identified the following entities,
within City government, that are responsible for emergency preparedness.
. Emergency Operation Center (EOC) Management Group - These are the
personnel who manage overall operations in the EOC. This includes the City
Manager, the Emergency Management Coordinator, City representative in the
County EOC, and any specialized operational personnel as dictated by the event
and selected by the City Manager.
. Emergency Preparedness Task Force - These personnel are tasked with the
overall responsibility for emergency preparedness. They provide direction to
ensure that each department completes assigned duties and maintains its readiness
for disaster response and recovery operations. The Task Force includes the
Mayor, City Council Members, City Manager, Assistant City Manager, City
Clerk, City Attorney, Emergency Management Coordinator, Public Information
Officer, Police Chief, Fire Chief, Finance Director, Environmental Services
Director, Leisure Services Director, Development Services Director and
Personnel Director.
· Emergency Response Team - The City's Emergency Response Team is
responsible for managing, directing, and implementing the City's overall
emergency response and recovery operations prior to, during, and following a
major disaster or catastrophe. The level of activation of the Emergency Response
Team will be dictated by the severity of the emergency event, and will parallel the
level of activation of other emergency response groups and facilities. The
Emergency Response Team includes the Mayor, City Council Members, City
Manager, Assistant City Manager, City Clerk, City Attorney, Emergency
Management Coordinator, Public Information Officer, Police Chief, Fire Chief,
Finance Director, Environmental Services Director, Leisure Services Director,
Development Services Director, Personnel Director, alternates of the Department
City of Edgewater Comprehensive Emergency Management Plan June 2005
Executive Summary
1
Directors, and support personnel as dictated by the event and selected by the City
Manager.
. Long Term Disaster Recovery Team - This team is responsible for the
planning, mitigation, recovery, and restoration of City services and functions after
a disaster. The team includes the Mayor, City Council, City Manager, Assistant
City Manager, City Clerk, Emergency Management Coordinator, Finance
Director, Environmental Services Director, Development Services Director, and
any other alternates of the Department Directors, organizations and support
personnel as dictated by the event and selected by the City Manager.
Purpose
The purpose of the Edgewater CEMP is to establish the operational framework whereby
the City of Edgewater, through its City departments and supporting organizations can
effectively prepare for, respond to, recover from, and where possible, mitigate the
impacts of a major disaster or catastrophic event. This plan allows for integrated and
coordinated emergency response efforts between the City of Edgewater, Volusia County,
and the State of Florida. The plan is also consistent with Federal disaster response and
relief plans and procedures thereby facilitating coordination between all levels of
government. The Edgewater CEMP addresses the basic policies, planning assumptions,
concept of operations, assigned responsibilities, and other mechanisms and strategies
through which City government and supporting organizations will mobilize resources and
conduct activities to guide its overall emergency response and recovery efforts.
Concept of Operations
The concept of operations for the CEMP is designed to be consistent with the concept of
operations utilized by V olusia County and the State of Florida. This is intended to
facilitate communication and coordination among levels of government before, during
and after disasters. The City's concept of operations incorporates the following principal
considerations.
. The City will utilize its own resources first, for the response to emergency
situations, followed by implementation of existing mutual aid agreements with
adjacent governmental organizations. When the City's resources, including
mutual aid resources, threaten to become exhausted and/or specialized resources
and functions not under the purview of the City are needed, the Edgewater EOC
will request assistance through V olusia County EOC, or Emergency Management
Division if the County EOC is not activated.
. Emergency response actions by the City will be taken in accord with the classified
level of emergency and definition of the applicable operational level.
Emergencies or disasters, which can potentially impact the City of Edgewater, are
divided into "minor", "major", and "catastrophic" with three corresponding levels
of operation. These levels of emergencies and corresponding operational levels
City of Edgewater Comprehensive Emergency Management Plan June 2005
Executive Summary
2
are identical to those utilized by V olusia County and the State to guide officials in
the emergency decision-making process.
Levels of Emergency
I Routine City wide monitoring. City
Day-to day operations or an 3 departments respond utilizing own
emergency incident occurs; Monitoring resources and possibly mutual aid.
city response capabilities Activation Department Directors monitor operations
likely adequate. and communicate pertinent information to
the City Manager.
A limited activation of City EOC with
Situation escalates; or is appropriate activation of core Emergency
beyond capabilities of local 2 Support Functions (ESF) and needed
response resources; county Partial personnel. Limited evacuations and/or
and/or state assistance may be Activation protective actions may be required. City
required; federal assistance Manager must be notified. County
coordination may be needed. Warning Point will be notified of situation
and the City's activation level.
Full activation of all City Emergency
Widespread threat to public Support Functions (ESF) Citizens
health and safety within the I Information Center (CIC) personnel. All
City exists; large-scale Full Scale appropriate protective actions required. All
resource assistance may be Activation Council members and City Staff should be
required from county, state notified and prepared to meet and be
and/or federal for response activated as needed. County Warning Point
and recovery operations will be notified of situation and the City's
(possibly includes military). activation level.
. All emergency response functions will be implemented in accord with the
Emergency Support Function concept. Upon activation of the CEMP, the City of
Edgewater will group its emergency response and recovery assistance into
different categories of assistance called Emergency Support Functions (ESF's).
Activation of the CEMP will supersede and replace any management structure
utilized by individual departments, with the exception of the incident command
structure utilized at specific emergency scenes within the City by public safety
personnel. The ESF's, under the overall direction and control of the City's EOC
Management Group, are the primary mechanism for providing response and
recovery assistance during and after an emergency or disaster. ESF's have the
authority to execute response operations; to directly support the needs of the
City's affected communities.
. The ESF's will coordinate with the City's EOC Management Group in
identifying, defining and accomplishing their missions. As disaster situations
escalate ESF's will also coordinate and cooperate with ESF's activated by
Volusia County, the State of Florida, and the Federal Government.
City of Edgewater Comprehensive Emergency Management Plan June 2005
Executive Summary
3
. City officials may declare a state of emergency, thereby invoking the City's
emergency powers when needed. Such a declaration will be made as soon as
disaster conditions warrant or upon confirmation of a prediction for a disaster's
imminent impact upon the City. In all cases, such a declaration will be made
before or as soon as possible after, full activation of the CEMP, and in all cases
prior to making a formal request for State emergency response assistance from
Volusia County. The City may make a declaration of a state of emergency based
on the City's own needs, or in concert with a declaration made by Volusia
County. In all cases, the Volusia County EOC and/or Division of Emergency
Management will be advised of the City's declaration. The City's EOC
Management Group will be responsible for determining when a declaration of a
state of emergency by the City should be terminated.
. The City will request assistance from higher levels of government through the
V olusia County EOC, if activated, or through the V olusia County Division of
Emergency Management if the County EOC is not activated. Upon concurrent
activation of the City and County EOC's, the City EOC will send a liaison to the
County EOC as soon as feasible to facilitate communication and information
exchange between the two. The City EOC Management Group will also ensure
City representatives and/or liaisons are available to support joint information
centers established by County, State and/or Federal governments to disseminate
public information to the citizens of the City.
Execution
Unless prevented by the level of destruction or impact caused by an emergency or
disaster, the City intends to maintain primary responsibility for direction and control of
emergency response and disaster recovery operations conducted within its jurisdiction
and for the benefit of its citizens and their property. This policy requires that the
following actions on the part of the City to be implemented and/or assured:
. The City continually maintains an adequate level of preparedness for all
foreseeable emergencies and disasters. The overall preparedness of the City of
Edgewater for effective emergency response and disaster recovery is the
responsibility of the Emergency Preparedness Task Force. Under the auspices
and oversight of the City Council and the City Manager, members of the Task
Force provide management direction, policy guidance, inter-departmental
coordination, planning studies and technical analyses necessary to assure adequate
emergency preparedness.
. The City establishes and maintains the Edgewater Emergency Response Team to
direct and control emergency operations.
. The City's response and recovery resources are categorized and arranged into
groups of similar and interrelated operational functions, termed Emergency
Support Functions (or ESF's). Within the appropriate ESF, the City will
City of Edgewater Comprehensive Emergency Management Plan June 2005
Executive Summary
4
mobilize, deploy, coordinate and demobilize both its own resources and those
made available to it by others at the time of a disaster. Each ESF is directed by a
single lead department or office of the City, which is responsible for planning,
implementation, and coordination of all response and recovery operations by that
ESF,
L= Lead Department
S= Support Department
Department ~ -
~~ ro 15
b1)1-< 15 15 15 ...... (!) 15 ......
ro (!) (!) t:: t::
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Emergency Support _ u I-< U
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Function uOd ~Q ~Q ~Vl ~Q QVlQ ......:lVl ~Q
1 Transportation L S
2 Communication L S
3 Public Works L S S
4 Fire Fighting L S S
5 Info & Planning S S S S S L S S
6 Mass Care S S L S
7 Resource Support L S S S
8 Health I Medical L
9 Search I Rescue L S S
10 Hazardous Materials L S S
11 Food & Water L S S S
12 Public Utilities L S
13 Militarv Support L
14 Public Information L S S S S
15 Volunteers & Donations S L S
16 Law Enforcement L
17 Animal Control L S
18 Business & Industry L
19 Damage Assessment S S L S
20 People wi Special Needs L S S S
City of Edgewater Comprehensive Emergency Management Plan June 2005
Executive Summary
5
General Description of Edgewater Emergency Support Functions
ESF Function Department Description
# Responsible
1 Transportation Police Provides coordination and liaison with the County, State, and
Department Federal ESF's for the allocation and mobilization of
transportation resources in support of City and County ESF
operations.
2 Communications Fire Rescue Provides emergency radio and telecommunications services for
and Regional City and locally based volunteer organizations; and
Communications coordinates with City, County, State and Federal ESF's, or
Center (RCC) other organizations, to restore and maintain communications
services needed for response and recovery operations
3 Public Works Environmental Provides for the restoration of City public works systems,
Services provides road clearing, debris removal, temporary road signs
Department and barricades, provides and maintains temporary utility
services for the City's critical facilities and emergency
response. Coordinates with County, State, and Federal ESF's
as needed
4 Firefighting Fire Rescue Provides fire detection, suppression and prevention services in
the City, and at critical facilities; staffs command teams at
incident sites during ESF operations, as needed.
5 Information / Development Collects, analyzes, disseminates, and archives critical
Planning Services information on disaster impact and emergency operations by
Department City ESF's. Develops plans for short and long term
operations, manages the messaging system, provides mapping
information, and coordinates with other County, State, and
Federal ESF's on information management relevant to City
response operations.
6 Mass Care Leisure Services Provides coordination and support for City, County, State,
Department Federal, and volunteer organizations responsible for shelter
and care of the City's population impacted by a disaster.
7 Resource Finance Secures and allocates material resources for City ESF's
Management Department and through any necessary means, including implementation of
Personnel mutual-aid agreements and in support of other County, State,
Department and Federal ESF's, as needed
8 Health & Fire Rescue Provides first aid services and assessments for City response
Medical and recovery personnel and the public. Supports health and
medical services with operations by the City, County, and
State.
9 Search & Rescue Fire Rescue and Provides urban search and rescue services and coordinates
Police with County, State, Federal and volunteer search and rescue
Department operations on the lands and waterways within the City, as well
as within adjacent coastal waters.
10 Hazardous Fire Rescue Provides for prevention, containment, and cleanup of
Material hazardous materials releases and coordinates with County,
State, Federal and private hazardous materials emergency
response operations impacting the City or adjacent lands and
waters.
City of Edgewater Comprehensive Emergency Management Plan June 2005
Executive Summary
6
11 Food & Water Leisure Services Provides coordination and liaison with County, State,
Department Federal, and volunteer organizations providing
temporary sources of food and potable water for the
City's impacted population and for emergency response
personnel.
12 Energy Environmental Provides for the restoration of City water and sewer
Services systems and provides support to Public Works. Is also
Department the City liaison coordinating with gas and electric utility
companies to identify energy needs and restore energy
services within the City. Provides engineering services
needed by other City ESF's.
13 Military Police Provides coordination and liaison with military and
Support Department National Guard operations within and for the City,
including operations of the State's Rapid Impact
Assessment Teams.
14 Public City Clerk and Provides for the coordination with County emergency
Information Fire and Police warnings and instructions and facilitates their
Department dissemination within the City; provides representation in
and coordination with County, State, and Federal public
information activities.
15 Volunteer & Leisure Services Provides coordination and liaison with County, State,
Donations Department Federal, and volunteer organizations to manage the
receipt, storage, and distribution of donated goods and
services in the City.
16 Law Police Provides enforcement of applicable orders, ordinances,
Enforcement & Department and statutes; provides traffic control; and maintains
Security security for impacted, protected and evacuated areas;
provides security for critical facilities, and assists other
ESF's during local emergency response operations.
17 Animal Issues Fire Department Provides for enforcement of animal ordinances; provides
for the capture, care, and return of stray and abandoned
animals; coordinates with the V olusia County regarding
the care and control of animals affected by a major event.
18 Business & City Manager Coordinates with the Chamber of Commerce, civic
Industry Office groups, and V olusia County to assess the economic status
and begin recovery of businesses affected by a major
event.
19 Damage Development Provides qualitative and quantitative data regarding
Assessment Services public and individual damage within the City.
Department Coordinates with County, State, and Federal
representatives to provide timely and accurate damage
assessment information.
20 People with Fire Rescue and Coordinates with the V olusia County for identification,
Special Needs Leisure Services registration, transportation, sheltering, and care of local
Department special needs populations.
City of Edgewater Comprehensive Emergency Management Plan June 2005
Executive Summary
7
Financial Manal!ement
Due to the severity and magnitude of many emergency situations, financial operations
will often be carried out under circumstances that warrant the use of non-routine
procedures. To ensure that funds are provided expeditiously; and the financial operations
are conducted in accordance with appropriate emergency policies, regulations and
standards, it is imperative that all departments and personnel follow emergency finance
and accounting procedures prescribed by the Finance Department.
However, good accounting principles and practices are still expected and required. Care
and attention to detail will be taken throughout the emergency response and disaster
recovery period to maintain logs, formal records and file copies of all expenditures,
including personnel time sheets, in order to provide clear and reasonable accountability
and justification for any future reimbursement requests. These standards will also apply
to Federal disaster relief monies which could be made available to the City of Edgewater,
should the City be declared a disaster area.
Conclusion
The Edgewater CEMP outlines levels of emergencies, operational procedures and
identifies responsibilities for city staff personnel in regards to the preparation, response
and recovery from localized disasters. The Plan can only be functional if the City Council
formally adopts it, as well as continue to support and encourage city staff to maintain the
development of associated operating procedures with the inclusion of training for the
anticipation of possible activation.
City of Edgewater Comprehensive Emergency Management Plan June 2005
Executive Summary
8
AGENDA REQUEST
Date: December 12,2005
PUBLIC HEARING
CONSENT
RESOLUTION
OTHER BUSINESS
x
ORDINANCE
CORRESPONDENCE
ITEM DESCRIPTION:
Request for approval to enter into contract negotiations with HGR Construction, Inc.; Antinori
Group, Inc. and Hall Construction Co., Inc., to perform continuing contracting services.
BACKGROUND:
In October 2005, the Finance Department was instructed to prepare a Request for Proposal for
continuing contracting services for the City. Five firms responded to the RFP and the Continuing
Contracting Selection Committee reviewed the proposals submitted by these five firms. The
decision was made to select three firms to provide services for the City.
STAFF RECOMMENDATION:
Staff recommends entering into contract negotiations with HGR Construction, Inc.; Antinori Group, Inc.
and Hall Construction Co., Inc. for continuing contracting services to cover the next three fiscal years
ending September 30, 2008 with an option for extension of services at the end of the three years.
ACTION REQUESTED:
A motion to authorize the City Manager to enter into negotiations with the above three firms as well as
grant authority to the City Manager to sign and execute the agreements with the above three firms on
behalf ofthe City.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
DATE:
YES NO
AGENDA ITEM NO.
x
Respectfully submitted,
')~A/ /,,"
:. {_ .:..CM--
Concurrence:
i' ./
/-:'~1:..
,Jack Corder
L "Leisure Services Director
.~~0;~_J~
Robin Matusick \
Paralegal
V-.:., X. \\00
Kenneth R. Hooper
City Manager
V\",...:L ~ C\ . '. (". \Nt /..
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obk~~ '~ 1"'" <00,"'- "'- ,",-,-,-,'\,-~
AGENDA REQUEST
Date: December 12, 2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS December 19, 2005
ITEM DESCRIPTION:
Authorize the architectural firm of DJ Designs Inc. to provide Architectural and Engineering services
for the joint Public Safety Complex, which will include Police and Fire Department and an Animal
Facility. The services will include the master plan along with site analysis, architectural and
engineering design, and construction management along with budget analysis. The proposed cost for
such services is $199,975.
BACKGROUND:
The staff has recently solicited a proposal from DJ Design Inc., which the City has previously utilized,
for an estimate to provide architectural and engineering services for the joint Public Safety Complex to
be located at 3930 U.S. Highway 1. Along with the master plan, the services will also include site
analysis, architectural and engineering construction design and management along with budget
analysis for the entire complex. Securing DJ Design for the project will ensure consistency and
efficiencies during all building phases of this complex. The cost for such services is proposed at
$199,975.
ST AFF RECOMMENDATION:
Staff recommends the City Council authorize DJ Designs Inc. to provide Architectural and
Engineering services for the joint Public Safety Complex at a cost of $199,975.
ACTION REQUESTED
Motion to authorize DJ Designs Inc. to provide Architectural and Engineering services for the joint
Public Safety Complex to include the Animal Shelter for $199,975.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/ A
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
N/A
AGENDA ITEM NO. N/A
CJ\o~J'""'1y],~ ~--'>
Robin Matusick 'l
Paralegal
~ ,,\.,.,,~ 'b"t
Ken Hooper \
City Manager
12/12/2005 11:53
3862556989
DJDESIGN
PAGE 02
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C) 913 N. NoVII Roed
Vi HOlly HIK, Florida ;n117
11M (386) 255-6987 (386) 255-6989 FAX
g AA26000567
ARCHITECTS'" PLANNERS
December 12,2005
Tracey T. Barlow, Fire Chief
City of Edgewatef
P.O. Box 100
104 N. Riverside Drive
Edgewater, FL 32132-24J5
VIA FAX 386.424.2450
U: New PubHe Safety Comples, Projec:t No. 02113
Dear Tracey,
On behalf of my partner and all our staff, let me say how thrilled we are that The City may be moving
ahead with these projects and has chosen to 'stay with' DJdesip, IDe. We will do our utmost to deserve
your confidence.
We have, I believe, completed our earlier assignments and would propose a new fee for basic AlE
services based upon the following assumptions: 1he preliminary design for the P1IbIk Wety BuildiDl
was a 19,700 SF, single-level building with a stated construction cost ofapproximately $137/SF (2004) or
$2.7 million. We are seeing current costs for this type of construction in the $lSo-l60/SF range and
would expect this facility to now cost approximately $3.1 S million. The new .ADimal Shelter we sketched
up last year, (and have modified since), is it single-story, appro1Omately 4,600 GSF building with a
construction budget of $500,000. These budget amounts include parking areas adjacent to the buildings,
but exclude off-site io.frastructure costs like sewer, water, power, stormwater management.
SCOPE OF WORK
1. Prelimillary Master plall which will ''map-Out" the development of the site and buildings. This
process will involve sevetaI 'roundtable discussions' wi1h you. your staff, users, and civil
engineer(s) to explore short and long~term goals, needs, priorities and overall vision. This allows
open and frank discussions to take place and gives aU .stakeholders' the opportunity to contribute
ideas. The results of these discussions will be a master Site Plan which we wiJJ use for Schematic
Design.
2. Site Analysis-now that the City has established a probable site, we will work widt Quentin
Hampton and Katie Gierok to lay-out the buildings, access and parlcing allowing for
expandability.
3. Budget ~8i11-based upon the approved Schematic Design, we will assign a probable value to
the preferred building and site plan solutions.
4. ArehitedurallEagiDeeriag Detiga-we will provide full-service design (architectural, stmcturaI,
mechanical and electrical), drawings and specifications, bidding/negotiation assistance and
construction administration services.
1 thought it would be helpful to review the building design process from our viewpoint, which will help
shape all of our expectations. For expediency sake, we wiJJ plan to start out by designing both buildings at
12/12/2005 11:53
3862556989
DJDESIGN
PAGE 03
the same time, but recognize the necessity of "fast-cracking' the Animal Shelter so it will be nearly
complete in six months:
After appmval of the Project Master plan, we will eIl1bark on a five-phase design schedule starting with
SeIle..tit DeIip. This first phase involves the further development of floor plans, building elevations
(~e studies), and building cross-sections. We will re-visit the p-eliminary designs to test their validity
as an acceptable design solution. This initial phase may last 3-5 weeks depending on our meeting
schedules and, upon completion, we would then forward that design scheme to out engineers (strUctural,
mechanical, electrical) for devoloping their systems.
The next phase is Desigll Develop.eat, in which we further reme the design and the engineers begin the
process of designing sy$tems for the facility. It is at this stage that the site plan approval process usually
begins and the Surveyors, Civil Engineers, Testing Agencies and Landscape Architects begin working
with The Planning Department towards an appt'Oved Site Plan. The input we get from the engineers
during this step will modifY the plaus slightly as we adjust for structural supports, mechanical/electrical
rooms, access, etc. This modified design is then presented for approval by the board and is usually
accompanied by renderings or massing models to better communicate design intent. This phase lasts 4-6
weeks, but, you must recognize that site pion approvals from the local planning agencies and the St. Johns
River Water Management District might take longer; up to several mon1hs in some cases. We would not,
however, slow our design efforts.
The COlIstruc:don Doc:umeota Phase follows along quickly and takes 2-4 months to complete. It is this
stage that puts the final technical details on the drawings and written specifications and allows US to
finally estimate the costs of the systems and to seek: building permit reviews from The Building
Department. It is also at this stage that final changes are incorporated and the design is completed.
The next phase is BiddillgINegotiatiOD which may take 3-4 weeks to complete. The plans and written
specifications 81C distributed to the building community for competitive pricing. The resultant most~
responsive bid allows you to enter into contract negotiations for COIlSUUction, and the building process
begins. If you choose to follow a Construction Management approach (a construction professional
oversees the work of the various subcontJactors for a fee), we can highlight for you the pros and cons of
that option. We 81C using that approach for the FbIgIer Couat)' EOC and Gove....meDt Serviees Center.
CODstraetioo Admillish'atioD is the final phase in which we continue to act as your advocate to a.ssute
that the facilities are constructed in accordance with your vision and our drawingslspeciflCations. Our
tasks include site-observations. submittal reviews, payment application reviews, field changes and
interpretation of the documents. Construction of the Pablie Safety BlltldiJlg may take 9-12 months and
we will be involved throughout. Because we are unsure at this time as to the construction delivery
method to be used for that project, we have quoted an hourly, not-to-exceed fee for the last two phases of
the work. Our efforts may be more Ot less during bidding/negotiation depending upon CMlGC. Upon
award of the construction contract, we will re-evaluate the level of our involvement and quote a fIXed fee
for OUt construction phase services based upon construction cost. Additionally, we lU'e of course,
available during the post-construction warranty period. It is during this stage that our experience and
guidance will serve you well. With more than 50 years of combined. experience, Jim and I do know how
a building ts built successfully.
U
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!2 913 North Nova Road
tn Holly Hili, Florid. 32117
1M (388) 256-6987 (386) 255-6989 FAX
a demith@didesignine_
ARCHITECTS · PLANNERS
12/12/2005 11:53
3862556989
DJDESIGN
PAGE 04
FEE SCHEDULE:
Preliminary Master plan
Site Analysis
Budget Analysis
Schematic Design
Design Development
Construction Documents
BiddinglNegotiation
Construction Administration
750.00
500.00
400.00
5,025.00
3,350.00
15,075.00
1,675.00
8.200.00
$34,950.00
Hourly, N.T.E.
Hourly, N.T.E.
l.Iblie SafetY
1,000.00
500.00
800.00
30,150.00
20,050.00
92,250.00
6,550.00
13.100.00
$165,000.00
~
All.,... Sbelter
Total Cmnbiaed Fee: 5199,975
The fees referenced above do not include servjces such as hazardous materials investigation/abatement,
independent detailed cost estimates, pennit costs, etc. Similarly, in the event that the accepted design
concepts aTe subsequently modified for reasons beyond out control, 'the additional services resulting from
these modifications shall be cause for additional compensation. Reimbursable expenses such as
reproduction, shipping and long4istance communications will be invoiced at oW' direct cost. This is
enumerated further in the aUached Sudard Term. ud CoDdition8.
Please review this proposal and get back to us at your earliest convenience with any questions or
comments. If you'd like to visit the pl"Ojects in Flagler County, please call me and we'll get it scheduled.
Very truly yours,
DJdesica, IDe.
~
Vice. president
u
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-
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" 91~ North NOYB Road
;; Holly Hili, Florida 32117
! ==~nil,~5W989 FAX
ARCHITECTS · PLANNERS
12/12/2005 11:53
3862556989
DJDESIGN
PAGE 05
~ARD TERMS AND CONDITIONS
DJdesign SERVICES, INC.
Unless otherwise specified in the Proposal/Agreement for Services, the following Standard Con-
ditions shall be incorporated as part of the Agreement for Services. In the event of any conflict,
the Proposal/Agreement for services shall conuol:
1. Compensation for services not described in the Proposal/Agreement for Services, and ser-
vices required due to changes to completed plans, or changes to the work as initially re-
quested by Client, shall be based on the following current Schedule of Hourly Rates:
Architect
Inspectorrrechnician
CAD Drafter
Clerical
Expert Witness
$ 90.00
$ 75.00
$ 45.00
$ 35.00
$150.00
2. Out-of-pocket expenses, including without limitation, permit application fees, postage, ex-
press delivery, blue-printing, reproduction, mileage, long distance calls, etc. which are ad-
vanced by OJd shall be reimbursable at cost plus 15% or, upon request of OJd, paid directly
by the Client
3. Invoicing shall be monthly and is due upon receipt by Client. Invoiced balances remaining
unpaid more than 45 days from date of invoice shall result in a service charge of 1.5% per
month (18.0010 APR). Dld shall provide to client an anticipated billing schedule with antici-
pated billing amounts. In the event that a Old invoice is not paid within sixty days of invoice
date OJd reserves the right to cease work, without penalty for cessation.
4. Old shall rely on the accuracy of infonnation furnished by Client. OJd shall not be responsi-
ble for construction cost adjustments resulting from changes required by approval agencies
and/or site conditions.
5. AU reports, plans, specifications, field data and notes and other documents, including all
documents on electronic media, prepared by DJd as instruments of service shall remain the
property ofOJd who shall be deemed the author and shall retain all common law, statutory
Jaw and other rights, including copyrights. Client may reuse or make any modification to
these instruments of service, providing, however, Client agrees to indemnify and hold OJd
hannless from any claim, liability or cost (including reasonable attorney's fees and defense
costs) arising out of any reuse or modification of the instruments of service by Client or any
person or entity that acquires or obtains them from or through Client without the written au-
thorization of DJd. Under no circumstances shall transfer of the instruments of service on
electronic media for use by Client be deemed a sale by OJd and DJd makes no warranties, ei-
ther express or implied, of merchantability for any purpose.
12/12/2005 11:53
3862556989
DJDESIGN
PAGE 06
Standard Tams &; Conditions
Rev.! 2002
2
6. In the event that all or any portion of the work prepared (1'( partially prepared by DJd is sus-
pended, or tenninated by Client, or by otherst Client shall pay DId for all fees, charges and
services for work performed to date of suspension or tennination within thirty (30) days of
such suspension or termination.
7. DId cannot guaranty the actions of government officials and agencies to grant desired ap-
provals, and shall therefore not be liable for damages resulting from the actions (1'( inactions
of govenunent agencies.
8. In providing opinions or probable construction costs, Client understands that DJd has no con-
trol over costs or the price oflabor, equipment or materials, or over the Contractor's method
of pricing, and that the opinions of probable construction costs provided by Old are to be
made on the basis of DId's qualifications and experience. DId makes no warranty, express
or implied, as to the accuracy of such opinions as compared to bid or actual costs.
9. Old shall use that degree of care and skill ordinarily exercised under similar circumstances
by members of its profession. This guaranty is in lieu of all other warranties or representa-
tions, either expressed or implied.
10. Should DJd, or any of its employees, be found to have been negligent in the perfonnance of
services, or they have breached any expressed or implied warranty, representation or con-
tract, Client, all parties claiming through Client, and all parties claiming to have in any way
relied upon DJd's services or work, agree that the maximum aggregate amount ofDJd's li-
ability, or of its officers, employees and agents, shall be limited to the total amount of the fee
paid to DJd for work performed under this ProposaV Agreement. Client may, upon written
request received by DJd within five (5) days of this Proposal/Agreement, increase DJd's li-
ability to $500,000 by agreeing to pay DId an additional 5% of the total fee charged for
DJd's services. This charge is not to be considered a charge for insurance of any type, but is
increased consideration for the greater liability involved.
11. Anything contained in any other contract document notwithstanding, DId shall not be bound
by any provision or agreement (a) requiring or providing for arbitration of disputes or con-
troversies arising out ofDJd's work under this Proposal/Agreement, (b) that waives Dld's
rights to a constJuction lien, or (c) conditioning DJd's rights to payment upon payment by a
third party.
12. In the event any of the provisions of the ProposaVAgreement shall be found to be unenforce-
able, it shall be stricken and the remaining provisions shall be enforceable.
13. OJd shall indicate to Client the information needed for rendering of services. Client shall
provide to DId such information as is available to Client and Client's consultants and con-
tractors and DJd shall be entitled to rely upon the accuracy and completeness of such infor-
mation. Client recognizes it is impossible for DJd to assure the accuracy, completeness and
sufficiency of such information, either because it is impossible to verify, or because of erro~
or omissions that may have occurred in assembling the infonnation. Accordingly, Client
12/12/2005 11:53
3862556989
DJDESIGN
PAGE 07
SlIIldatd Terms It Conditions
Rcv.l200;2
3
agrees to indemnify and hold DJd and DJd.s subconsultants harmless from any claim, liabil-
ity, or cost (including reasonable attorney's fees and costs of defense) for injury or loss aris-
ing from errors, omissions or in infonnation provided to Client to Old.
14. DJd will assist Client in applying for pennits and approvals typically required by law for a
project similar to the one for which Old's services are being engaged. This assistance con-
sists of completing and submitting fonns, but does not include special studies, special re-
search, special testing or special documentation or attendance at unanticipated meetings not
normally required for this type of project. Should such additional services be required, they
will be furnished by DId with compensation based on the above Schedule or Hourly Rates.
15. Old may use the services of sub consultants when, in Old's opinion, it is appropriate and cus-
tomary to do so. Client shall reimburse DJd for services and out-of-pocket expenses charged
by subconsultants at the actual cost incurred by Old for the work of such subconsultants.
16. In the event Client consents to, allows, authorizes or approves of changes to any plans, speci-
fications or other construction documents, and these changes are not approved in writing by
Old, Client recognizes that such changes and the results of such changes are not the respon-
sibility of OJd. Accordingly, Client agrees to release DJd from any liability arising from the
construction, use, or result of such changes. In addition, Client agrees to indemnify and hold
Old hannless from any damage, liability or costs (including reasonable attorneys' fees and
costs of defense) arising from such changes, except those damages, liability and costs arising
from the sole negligence or willful misconduct of Old.
17. Client shall promptly report to Old any deficiencies or suspected deficiencies in Old's work
or services of which the Client becomes aware, SO that DJd may take measures to minimize
the consequences of such a deficiency. Failure by Client to notify Old shall relieve Old of
the cost of remedying the deficiencies above the sum such remedy would have cost had no-
tice been given to DJd when Client first became aware of the deficiency.
18. No dispute between the parties shall be litigated until the parties have met with a mediator
certified by the Florida Supreme Court who will assist the parties in a voluntaIy resolution of
the dispute. The parties shall meet with a certified mediator chosen by a later agreement, or,
if they cannot agree, a mediator chosen by the Administrator of the Circuit Court for Volusia
County, Florida. Any time period to commence litigation is hereby extended until thirty (30)
days after certification by the mediator that parties are unable to resolve the dispute voluntar-
ily. If litigation is prematurely commenced, it shall be stayed until the mediator makes the
required certification.
19. Client and DJd agree that all disputes arising out of or in any way connected to this Pro-
posal/Agreementt its validity, interpretation and perfonnance, and remedies for breach of
contract, or any other claims related to this Proposall Agreement shall be governed by the
laws of the State of Florida. Any suit, claim or legal proceeding of any kind between Client
and DJd shall be brought in a court of competent jurisdiction in Volusia County, Florida.
12/12/2005 11:53
3862556989
DJDESIGN
PAGE 08
StwIIrO Terms ol ConditioAS
Rev.1 200:2
4
20. This ProposaVAgreement comprises the final and complete agreement between Client and
OJd. It supercedes all prior or contemporaneous agreements, whether oral or written, relat-
ing to the subject matter of this Agreement. Amendments to this Proposal/Agreement shall
not be binding unless made in writing and signed by both Client and DJd.
21. Both parties acknowledge that DJd's scope of services does not-include any services related
to asbestos or hazardous or toxic materials. In the event any party encounters said materials at
the jobsite, or should it beoome known in any way that such materials may be present at the job-
site or any adjacent areas that may affect the pelfUlmance ofDJd's services the Architect may, at
his or her option and without liability for consequential or any other damages, suspend perform-
ance of services on the project until the Client retains appropriate specialized consultants or con-
tractors to identify, abate and/or remove said materials and warrant that the jobsite is in full
compliance with applicable laws and regulations.
AGENDA REQUEST
Date: 12/7/05
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
xx
ITEM DESCRIPTION:
Request for Single/Sole Source Purchase from Pedal Valves, Inc.
for Water Meters and Related Equipment
BACKGROUND:
Pedal Valves, Inc. is the sub-contractor to Johnson Controls, Inc.
responsible for the water meter change-outs in the City's
conversion to radio read meters. As the change-out portion of the
project has reached its conclusion, Pedal Valves, Inc. has excess
material they purchased for the project and face substantial
restocking fees to return these items to the supplier. In lieu of that
option, Pedal Valves, Inc. has offered the City a chance to
purchase what we can effectively utilize from their remaining
inventory at a price well below what we would normally pay for
these items. As an example, the City pays $125.00 each for a
Single Port MXU (battery/transmitter module) from our supplier,
and the same item can be purchased from Pedal Valves at a cost
of$103.01 each. All the items in the breakdown provided will be
used in routine new meter connections, and will need to be
purchased during the course of the Fiscal Year. The materials to
be purchased are as follows:
ITEM QTY COST EACH TOTAL
5/8" x %" MIP Water Meters 43 $ 64.00 $ 2752.00
3.4" Reclaimed Water Meters 9 $ 73.50 $ 661.50
1" P.O. Water Meters 8 $121.65 $ 973.20
IS' Turbine Water Meters 2 $668.74 $ 1337.48
Single Port MXU's 100 $103.01 $10301.00
Dual Port MXU's 86 $125.00 $10750.00
TOTAL $26775.18
STAFF RECOMMENDATION:
Staff recommends declaring Pedal Valves, Inc. a sole source
supplier due to the unique circumstances of the product costing,
and authorizing purchase of the herein delineated items at a cost
of $26,775.18. As the items were anticipated for purchase for
new connections, monies are available in the Field Operations
Budget in the Improvements Other Than line item, page 68.
ACTION REOUESTED:
A motion to declare Pedal Valves, Inc. a sole source supplier, and
to authorize $26,775.18 for purchase of the items listed in the
corresponding agenda request.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO
DATE:
AGENDA ITEM NO.
Respectfully submitted,
-'I;; \\1\0~~
Departm~~ector
~~ ~lC-K
Robin Matusick, Paralegal \.
\' ~~\\- '2. '\0-
Kenneth R. Hooper
City Manager
C:\MyDociments\TerrysFiles\AgendaRequest
ATIACBMENT C
SINGLFlSOLE SOURCE MEMO
TO:
Purchasing
FROM:
Terry A Wadsworth, Director of Environmental Services
SUBJECT: Single/Sole Justification FY 2006
Item or Items to be Purchased: 5/8 x % water meters, % reclaimed water meters, 1" water
meters, 1." Turbine water meters, single port MXU's, dual
port MXU's. For a total cost of $26,775. 18.
Single Source Vendor:
Pedal Valves. Inc.
Address:
13625 River Road
Luting. LA 70070
Contact Person:
Jason Wilkie
Telephone & Fax:
office 800-431-3668
Justification for single/sole source purchase:
Pedal Valves is a sub-contractor to Johnson Controls on the radio read water meter
project for the City and is offering us discount prices in lieu of paying restocking fees on
these items to their supplier. Materials are being offered at well below list cost.
Please Check Appropriate Box.
Requested Vendor has the lowest quotes, and is willing to hold prices for entire year.
Quotes are attached.
Requested Vendoc's prices are subject to change, but vendor is willing to offer the
City a cost plus % . or % off discount, on all purchases.
x
This is l a one time purchase,
estimated expenditure for the year. $
an on-going purchase. If on-going,
~.W~~
Department ead SIgnature
\ \/\D/05
Date
F~doc
Purchasing use Only:
Approved by _Date
88#
AGENDA REQUEST
Date: 12/7/05
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
xx
ITEM DESCRIPTION:
Recommendation of Bid Award
Alan R. Thomas Water Treatment Plant
Lime Sludge Handling and Disinfection Improvements
Bid No. 06-WT-OI
BACKGROUND:
This project involves three separate components. The first component
involves the lime sludge handling at the Alan R. Thomas Water Treatment
Plant. Currently, the lime sludge, which is a byproduct of the water
softening process, is pumped to a tanker truck, and the excess goes into
two lime sludge lagoons located on the plant site. Where tlle problem
exists, as the ponds fill up with lime sludge, the wet pasty material has to
be removed by a contracted company, spread on the ground to dry (for up
to one year), and then the dried material must be removed by contract
haulers. The improvements included in the bid will concentrate the waste
sludge in a lime sludge thickener, which will eliminate the excavating and
hauling costs of the lagoon material. Additionally, the concentrated lime
sludge, which can be loaded into the tanker truck, will be more
concentrated and will cost less to haul off for disposal.
The second component of the bid is to convert the disinfection process at
the water plant from pressurized gas chlorination to liquid Sodium
Hypochlorite disinfection. This change is safety related and reduces the
City's risk management exposure as it eliminates any possibility of a gas
chlorine leak which could cause evacuations and emergency response in
the general area of the water treatment plant. Chlorine gas is also a
potential terrorist target as it causes chaos and ties up emergency
personnel.
The last component of the bid is to replace the doors at the Water
Treatment Plant to meet current hurricane standards and to provide
necessary safety access hardware on the doors. These doors are thirteen
years old, have withstood several hurricanes, and exposure to various
chemical constituents.
STAFF RECOMMENDATION:
There were four responsive bids submitted on Bid No. 06-WT-OI,
with McMahan Construction being the low bidder at
$998,000.00. The City has utilized the services of McMahan
Construction on other bid projects and has been well satisfied
with the quality and timeliness of their work. Staff recommends
award of bid be made on Bid No. 06-WT -0 I, Alan R. Thomas
Water Treatment Plant Sludge Hauling and Disinfection
Improvements to McMahan Construction in the amount of
$998,000.00. These are budgeted improvements.
ACTION REQUESTED:
A motion to award Bid No. 06-WT-OI to McMahan Construction
in the amount of $998,000.00 and to authorize the Mayor or City
Manager to execute the contract documents 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,
~~~
Department ector
~~~~-6j~I'\
Robin Matusick, Paralegal \..
~~,-~Q.~"o,?"'- "<>", 0-
Kenneth R. Hooper \
City Manager
C:\MyDociments\TerrysFiles\AgendaRequel.1
RICHARD W. FERNANDEZ, PE.
MARK A. HAMPTON, P.E.
BRAD T. BLAIS, PE.
DAVID A. KING, P.E.
ANDREW M. GIANNINI, PE.
Quentin L. Hampton Associates, Inc.
Consulting Engineers
po. DRAWER 290247
PORT ORANGE, FLORIDA 32129-0247
TELEPHONE
386/761-6810
FAX # 386/761-3977
Email: qlha@qlha.com
November 29, 2005
Terry Wadsworth
City of Edgewater
P.O. Box 100
Edgewater, FL 32132
ALAN R. THOMAS WTP SLUDGE HANDLING
AND DISINFECTION IMPROVEMENTS
BID NO. 06-WT-01
Dear Terry,
Four contractors submitted bids at the bid opening held Tuesday, November 29, 2005.
Enclosed is the certified bid tabulation for your use and records. The bid submitted by
McMahan Construction, in the amount of $998,000.00, is the apparent low bid. McMahan
Construction is well known by our firm and the City and has satisfactorily completed projects for
our clients in a timely manner. Therefore, it is our firm's recommendation that this project be
awarded to McMahan Construction in the amount of $998,000.00.
Should you have any questions or require additional information, please do not hesitate to
contact us.
ASSOCIATES, INC.
BTB:mt
Enclosure
EW33 Recommendation
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